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HomeMy WebLinkAbout02-15-07 Regular Meeting, Public Hearing and Workshop of the LP Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF FEBRUARY 15, 2007 Members Present: Pat Muston, Nick Barrera, Dottie Kaminski, Paul Berner, Doretta Finch, and Kirby Linscomb Jr. Members Absent: Claude Meharg, Hal Lawler (Alt 1) and Les Bird (Alt 2) City Staff Present: Planning Director, 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 JANUARY 18, 2007, MEETING MINUTES. Nick Barrera advised there should be a correction to the January 18, 2007, meeting minutes. During the January meeting, Mr. Barrera abstained from items #6 and #7 due to a conflict of interest. The record shall reflect Mr. Barrera was not a voting member on these items. Motion by Paul Berner to approve the amended Minutes of January 18, 2007. Second by Doretta Finch. The Motion carried. Ayes: Nays: Abstain: Muston, Barrera, Berner, Finch, Linscomb and Kaminski. None None 3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A CHANGE TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, RELATED TO NOTICE OF PUBLIC HEARING FOR PROPERTY OWNERS WITH 200 FEET. Chairperson Muston opened the public hearing at 6:04 p.m. A. STAFF PRESENTATION The Staff Report was given by Masood Malik, City Planner. City Council has expressed an interest regarding the notice of public hearing 200-foot notification procedures required for property owners of proposed changes of classification or amendments to the Zoning Ordinance. Mr. Sabo addressed general questions from the Commission. B. PROPONENTS There were none. C. OPPONENTS There were none. 4. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:23 p.m. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING A CHANGE TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, RELATED TO NOTICE OF PUBLIC HEARING FOR PROPERTY OWNERS WITHIN 200 FEET. Motion by Nick Barrera to recommend to Council, approval of the proposed amendment to the zoning ordinance pertaining to the posting of public hearing notices on the subject property. Second by Kirby Linscomb Jr. The Motion carried. Ayes: Nays: Abstain: Muston, Barrera, Berner, Finch, Linscomb and Kaminski. None None 6. OPEN WORKSHOP TO REVIEW SUITABLE LAND USE FOR THE CITY'S WASTEWATER TREATMENT PLANT SITE (ABANDONED) AT WILLMONT AND FAIRMONT PARKWAY. The Staff report was given by Wayne Sabo. The City is seeking competitive bids on the sale of 4.53 acres of vacant land known as the City's Old Wastewater Treatment Plant. Potential buyers have expressed interest to develop this property either for commercial use or multi-family (apartments). The property is currently zoned R-2. Staff requested guidance for the possibility of a rezone for this property. The Commission advised staff to prepare a formal proposal for review at the March Planning and Zoning Commission meeting. 7. CLOSE WORKSHOP Chairperson Muston closed the workshop at 6:48 p.m. 8. ADMINISTRATIVE REPORTS Wayne Sabo . Harris County Flood Control has released the drainage easements for Taylor Bayou for Lakes at Fairmont Greens subdivisions. . Permission has been granted to Lakes at Fairmont Greens to begin putting in the trunk sewer and to begin the infrastructure on Section 1. . Port Crossing's infrastructure is nearly complete and applications are being accepted by the developer from companies interested in locating at Port Crossing. . The City has received from The Preserve at Taylor Bayou, a Major Development Site plan and construction drawings. . Harris County has indicated their approval of the drainage plan for Retreat at Bayforest North and South. Re-plats will be required on both sites. . Industrial developers have been contacting the City regarding development in this area. . Canada Road Commercial Development and the 33 acre park may possibly be a joint venture. . Methodist Retirement Center has submitted an application for a Special Conditional Use Permit and it will be prepared. . A Community Development Block Grant has been received for the ih Street Extension. . Public Works Director, Steve Gillett attended the preconstruction conference for the construction of the Barbour's Cut Boulevard project. . The City is working with FEMA on flood mitigation grants. . Bayway homes will be recommended to Council as builder for the Home Grant Program. 9. COMMISSION COMMENTS There were none. 10. ADJOURN The meeting was adjourned at 7:00 p.m. Approved on this Jq mission day Of~' 2007. Special Conditional Use Permit #SCU07-002 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Site Plan F. Public Notice Response Special Conditional Use Permit #SCU07-002 Planning and Zoning Commission March 15,2007 A licant Present Zonin Acreage Surrounding Zoning Underwood Road & Fairmont Parkwa Approximately 7 acre tract out of 8.2628 acres of land, being TR 719 and E Yz of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, Recorded in Volume 83, Page 344, Deed Records of Harris Coun , Texas. Methodist Retirement Communities, Inc. Planned Unit Develo ment UD Approximately 7 acres Planned Unit Development (PUD) and Nei hborhood Commercial NC Low Densit Residential & Commercial Nursin Home Summary: . The applicant is requesting a Special Conditional Use Permit (SCUP) for developing a nursing home to be located along Underwood Road south of Caniff Road. . Possible future development will be a senior's assisted living facility within the project site. . The subject property is zoned Planned Unit Development (PUD) and per the code of ordinance, a Special Conditional Use Permit (SCUP) from the City is required. . The primary access will be along Underwood Road (lOO'ROW) with secondary access along CaniffRoad. . The property is in the vicinity of mixed use developments, i.e. single-family, multifamily, and commerciaUretail. . The area is earmarked for residential and commercial uses in the Land Use Plan. . The overall impact on public services should be minimal. Recommendation: Recognizing the land use elements related to this project, the developer has created a preliminary development proposal with anticipated future expansion. All applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development proposal. Staff recommends approval of the Special Conditional Use Permit with the following conditions: 1. This SCUP outlines in general terms the proposed Planned Unit Development. 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 site plans and construction drawings etc. 2. SCU#07-002 is specifically limited to the proposed nursing home; any future development shall be subject to filing a new SCUP. 3. Proposed development shall be screened from view of adjoining residential district in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping and some mechanism of screening will serve as a natural buffer between residential and this proposed facility. 4. All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining residential zone in compliance with Section l06-521(a) of the Code of Ordinance. 5. The Traffic and Environmental Impact Analysis must be submitted to the City prior to building. 6. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Actions required by the Commission: . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Table this SCUP for further review by the Commission. ........ A SCU 07-002 604 West Fairmont Parkway La Porte, Texas 77571 CITY OF LA PORTE GIS MAPPING 9 CITY OF LA PORTE 1 inch equals 160.65 feet '-~ . Staff Report March 15, 2007 Happy Harbor Methodist Home Special Conditional Use Permit #SCU 07-002 Request: Consideration of Special Conditional Use Permit #SCU 07-002 Requested Bv: Requested For: Present Zonine:: Backe:round: The Methodist Retirement Communities c/o Richard A. Ogrin; Agent. Approximately 7 acre tract out of 8.2628 acres ofland, being TR 719 and E ~ of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, Recorded in Volume 83, Page 344, Deed Records of the Harris County, Texas. The applicant is seeking approval to construct a nursing home and/or senior's assisted living complex. Planned Unit Development (PUD) The property is located at the northwest comer of Fairmont Parkway and Underwood Road just south of Caniff Road. The site is within proximity to a low-density residential development (Summer Winds), an apartment complex (Fairmont Oaks), and mixture of commercial uses at this intersection. In 2001, the owner of the property (Summer Winds, LLC) requested to rezone the entire property from Neighborhood Commercial (NC) to Planned Unit Development (PUD) in anticipation of a proposed office park there. But, the project was never submitted to the City for consideration. Recently, the representative from the Methodist Retirement Communities met with Staff to discuss their future plans for the subject property. The company is considering purchasing the tract (only 7 acres) to develop a nursing home and a future senior assisted living facility. During the meeting, Staff stated that these uses within the PUD zoning district require a Special Conditional Use Permit. On January 31, 2007, the Methodist retirement Communities submitted a request for a Special Conditional Use permit (SCUP). A General Plan (site plan/floor plan) was submitted with the application for the SCUP. (See Exhibit E). They were not prepared to retain professional services to design a certified site plan or drawings until the purchase of the property was finalized. The project is a long-term plan that will only be implemented if the City approves this (SCUP). Upon approval of the General Plan and SCUP, the applicant would be authorized to submit a Certified Development Site Plan. '...., C Happy Harbor SCU 07-002 Page 2 of3 Analvsis: Section 106-217 of the Zoning Ordinance provides certain conditions for the issuance of a special conditional use permit as follows: · That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values in the immediate vicinity. · That the conditions placed on such use as specified in each district have been met. · That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. In addition to performance standards, there are a number of development standards that are specified by the Zoning Ordinance. These standards are applicable to all (PUD) developments. Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a (PUD) zoning district: Land Use - Review of the City's Land Use Plan shows the subject tract is envisioned as developing for commercial uses with low-density residential uses to the north. The surrounding existing uses are primarily single-family residential, church, and commercial facilities. The proposed development seems to be compatible. Streets - The tract in question gains primary access along Underwood Road with secondary access along Caniff Road runs east and west servicing Summer Winds and Pecan Crossing Subdivisions. Underwood Road, a primary arterial with 100' right-of-way and Caniff Road, an 80' public right-of-way, along with Fairmont Parkway, a controlled access highway with 250' ROW, shall accommodate the additional traffic generated by the proposed development. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - There is a sufficient water distribution facility in the area to supply potable water and fire protection. Storm water drainage will be reviewed carefully with the development plan submittal. On-site detention shall be required. Compatibility, Landscaping & Screening - Conceptually, the proposed development appears to be compatible with the existing land uses. However, screening of the parking areas from the abutting residential shall be required in compliance with Section 106-444(a) of the Code of Ordinances. Happy Harbor SeD 07-002 Page 3 of3 Conclusion! Recommendations: Summary: Staff recommends approval of Special Conditional Use Permit #SCU07-002 with the following conditions: · This SCUP outlines in general terms the proposed Planned Unit Development. 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 certified site plans and construction drawings etc. · SCU#07-002 is specifically limited to the proposed nursing home; any future development shall be subject to filing a new SCUP. · Proposed development shall be screened from view of adjoining residential district in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping and some mechanism of screening will serve as a natural buffer between residential and this proposed facility. · All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining residential zone in compliance with Section I06-521(a). · The Traffic and Environmental Impact Analysis must be submitted to the City prior to building. · The applicant shall comply with all applicable laws and ordinances of the City and the State of Texas. The Commission has the following options: Options available to the Commission: · Recommend to Council approval of this SCUP with conditions. · Recommend to Council denial of this SCUP. · Table this SCUP for further review by the Commission. A recommendation from the Commission on this Special Conditional Use Permit will be forwarded to City Council for final consideration. City of La Porte Special Conditional Use Permit # SCU 07-002 This permit is issued to: Methodist Retirement Communities (c/o Richard Oarin; Aaent) Owner or Agent Address For Development of: Happv Harbor Methodist Home Development Name Underwood Road and Fairmont Parkway Address Legal Description: Approx. 7 acres out of 8.2628 acres of land.Beina TR 719 and E Y2 Of TR 718. La Porte Outlots. Harris County. Texas. Zoning: Planned Unit Development (PUD) Use: Nursina Home Permit Conditions: 1. This SCUP outlines in general terms the proposed Planned Unit Development. 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 certified site plans and construction drawings etc. 2. SCU#07-002 is specifically limited to the proposed nursing home; any future development shall be subject to filing a new SCUP. 3. Proposed development shall be screened from view of adjoining residential district in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping and some mechanism of screening will serve as a natural buffer between residential and this proposed facility. 4. All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining residential zone in compliance with Section 106-521 (a) of the Code of Ordinances. 5. Traffic and Environmental Impact Analysis must be submitted to the City prior to the building. 6. The applicant 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 ~'O MH 'l11lO.i 'fl ilf fif! 3WOH!)NISHON ij09HVH AddVH g h f' i !. l:i ~. ""'_Y--.~..N " "'^'~~w....-- -"'----- -",--"'" --- " ,,-- ~ '" -""'- ,-= -'" .,..... fairmanl Pllrkway -~".*- - ">i<;- ./--~, ""~,;_.,, >>:'-"'" "', -<-_ -.. ',-,,"':' 1<>:1'......,-'.".,.,,,. ./' " I',t IIJlt ....1% << ffi a: 9 ~. ~ C)Vi~ " .. C> "" g ~ ~ c ::> ~~111T E A Meeting of the La Porte Planum?; & Zonin?; Commission (Type of Meeting) Scheduled for March 15, 2007 (Date of Meeting) to Consider Special Conditional Use Permit (SCU#07-002) (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: ~ -=-- W ~C- IS ~...( 1~ to bLO b{~ I ' ~ vL~ ~. I am OPPOSED to granting this request for the following reasons: -p 'f3 A /{ /tl A- ~ d.. ?~~cl ~=e~J. ~~,ture , /6 <(3/ ~\J/~r fhl/ Address 2ft Ic/fre-7177~/) City, State, Zip '-~;:;;:\.fr." ~ \.D ~~ \\ ~ ) II, ~ . ~ \~ \\ V~ ~~R~ 01 "UQ~ L C~ ~.- '~)'J~ 1.~~ ~;;-,. }.J-Jll' Special Conditional Use Permit #SCU07-003 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Sketch Plan F. Public Notice Response Special Conditional Use Permit #SCU07-003 Planning and Zoning Commission March 15,2007 Location of Proposed DeveloDment 300 Block of North 8th Street Legal Description Approximately 0.35 acre tract of land described as lots 17-21, Block 76, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Applicant Wycoff Construction, Inc. C/o Process Products Present Zonin!! General Commercial (GC) Acreage 0.35 acre Surrounding Zoning North General Commercial (GC) East General Commercial (GC) South General Commercial (GC) West General Commercial (GC) Land Use Map Commercial Activity Proposed Off-site Parkin2 Summary: . The applicant is requesting a special conditional use permit for a proposed development of off-site parking for Process Products. . Per Section 106-441 of the Code of Ordinances, off-site parking is classified as a Conditional Use. . Process Products has non conforming lots of record at their present facility, e.g. lot coverage, insufficient parking, and building setbacks. . There is not enough space at the primary facility located at 227 North 8th Street to accommodate on-site parking. In addition, there is no other reasonable site available nearby this facility. . As per Ordinances, the proposed location for off-site parking is within 300 feet of the principal building. . Material for the parking lot will be concrete with lighting, sidewalks, and landscaping constructed at the applicant's expense. . Traffic impact should be minimal. . Public services are not be affected. Staff recommends the approval ofSCU#07-003 with the following conditions: Recommendation: . This Special Conditional Use Permit is specifically for off-site parking. . Off-site parking shall comply with all parking standards. . Screening and/or landscaping of parking lot shall be required in accordance with Section 106-444(a) of the Code of Ordinances. . All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining properties in compliance with Section 1 06-521 (a). . The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Actions required by the Commission: . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. ...""" 1\ SCU 07-003 604 West Fairmont Parkway La Porte, Texas 77571 CITY OF LA PORTE GIS MAPPING 9 CITY OF LA PORTE 1 inch equals 93.53 feet ~_UoI8ff R ~- oil' Staff Report March 15, 2007 Off-Site Parking-Process Products Special Conditional Use Permit #07-003 Reauest: Reauested By: Reauested For: Present Zoning: Reauested Use: Background: Analvsis: Consideration of Special Conditional Use Permit Request #SCU07-003 Wycoff Construction and Development, LLC. C/o Process Products Approximately 0.35 acre tract of land described as lots 17-21, Block 76, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The primary facility is located at 227 N. 8th Street. General Commercial (GC) The applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of allowing construction of an off-site parking lot for use by Process Products. Off-site parking is classified as a conditional use per Section 106- 441, Table A, Commercial Uses of the Code of Ordinance (Chapter 106). Process Products, Inc. has been in business over twenty years in La Porte. The nature of business pertains to the restrictive valves, refurbishing, pre- testing, and supplying to the area industries. Over the past years, a number of employees increased with the tremendous growth of business. Parking has been an issue with excessive lot coverage of this facility. It is staff's opinion that appropriate parking shall be provided to keep these vehicles from parking on the side of the road. There are numerous times when private vehicles are parked in front of the existing facility along the shoulders ofN. 8th Street and West Polk Street within the public right-of-way. Process Products has purchased this property to provide parking for its employees and contract workers at this facility. Off-site parking will serve as auxiliary parking and will help to alleviate parking problems associated with this development. The Code of Ordinance 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. ......,. C Off-site Parking SCU07 -003 Page 2 of2 The tract intended for a parking area is across the street from Process Products. Moreover, there is no reasonable location on the existing site and surrounding area to provide off-site parking. Section 106-444, Special Use Performance Standards for off-site parking addresses the following issues pertaining to the subject use within a commercial zone. . Such off-site parking shall comply with all parking standards stated in the Code of Ordinances and the Public Improvement Criteria Manual. . Reasonable access from an off-site parking facility to the use served shall be provided. . In addition, off-site parking shall be within 300 feet of the use served. . Should have good access to secondary and primary streets. As proposed, 12,000 sq. ft. of parking lot shall be constructed with concrete and fence around the property. Access from off-site parking to the main building is reasonable. It will benefit the area by moving cars off the street into a proper and adequate parking area. If the special conditional use permit is approved by the City, the applicant must submit a certified site plan for development of the parking lot showing access, parking spaces, maneuvering aisles, and landscaping/screening etc. This site and the proposed use meet the criteria to satisfY applicable ordinance requirements. This facility and the proposed use are compatible with the surrounding properties and should not be injurious to the use, enjoyment or value of surrounding properties Conclusionl Recommendations: Staff recommends the approval of Special Conditional Use Permit #SCU07- 003 with the following conditions: . This Special Conditional Use Permit is specifically for off-site parking. . Off-site parking shall comply with all parking standards. . Screening and/or landscaping of parking lot shall be required in accordance with Section 106-444(a) of the Code of Ordinances. . All lighting in the parking lot shall be hooded and arranged to deflect light away from the adjoining properties in compliance with Section 106-521 (a) of the Code of Ordinances. . The Developer 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. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. City of La Porte Special Conditional Use Permit # SCU 07-003 This permit is issued to: Process Products Owner or Agent 227 North 8th Street. La Porte TX 77571 Address For Development of: Parkina Lot (Off-site) Development Name 300 Block of North 8th Street. La Porte Address Legal Description: Lots 17-21. Block 76. Town of La Porte La Porte. Harris County. Texas. Zoning: General Commercial (GC) Use: Parkina Lot Permit Conditions: 1. SCU#07-003 is specifically limited to the off-site parking. 2. Off-site parking shall comply with all parking standards. 3. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 4. All lighting in the parking lot shall be hooded and arranged to deflect light away from the adjoining properties in compliance with Section 1 06-521 (a). 5. 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 "lBT T) A Meeting of the La Porte Planning- & Zoning- Commission (Type of Meeting) Scheduled for March 15, 2007 (Date of Meeting) to Consider Special Conditional Use Permit (SCU#07-003) (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: ~~. ~..~-0:. ~ ~ -d ~\o I am OPPOSED to granting this request for the following reasons: j}J '~L' ?rO Ad ess )?( daetr / 77 S/ / City, State, ~ ~-~~ ~ 1rw~ P\~II III \UU MAR t; ~ 2007 "-j c \l3V- J 1,;;..'.....__ - = - -;~"F Retreat at Bay Forest North& South Replats Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Plats Retreat at Bay Forest North & South - Replat Planning and Zoning Commission March 15, 2007 Location of Subdivision Legal Description A licant Present Zonin Requested Use Acreage Surrounding Zoning Summary: Recommendations: Actions required by the Commission: South Broadwa Old Hi hwa 146 North-A 3.7599 acres (163,781 sq.ft.) of land described as Lots 1-32, Block 1261,16' wide alley, 80 feet wide portion of West "T" Street right-of way closed and abandoned per City Ordinance #1530, Johnson Hunter Survey, Abstract 35, and TR 5N, W.P. Harris Survey, Abstract No.30, La Porte, Harris County, Texas. South-TR A5, W. P. Harris Survey, Abstract-30, La Porte, Harris Count , Texas. Don Meeks (Retreat at Ba Forest, L.P. Low Densit Residential R-l Single-Family Dwellings 3.7599 acres and 3.5804 acres North Low Density Residential (R-l) East Low Density Residential (R-l) South Neighborhood Commercial (NC) West Planned Unit Develo ment PUD Residential Residential . The owner/developer is requesting approval of replats for proposed Retreat at Bay Forest North & South Subdivisions along South Broadway. . As proposed, there will be 28 single-family residential lots in the subdivisions. Corresponding densities are less or equal to 4.8 dwelling units per acre, which is in conformance with the ordinance. . Final Plats of these subdivisions were approved on March 16, 2006, with the condition that approval from the Harris County Flood Control District for the drop structure to the adjacent drainage channel shall be required. . After subsequent review, HCFCD determined that an additional 15' drainage easement within south section shall be required in correspondence with the easement shown across Wharton Weems Boulevard. . Subsequent changes made modifications to both the plats. A detention reserve (0.451 ac.) has been added to the North Section and detention reserve in the south section has been modified. . As a result, the above changes require replatting the subdivisions as there is a net gain and loss of two lots. . Infrastructure improvement shall be the responsibility of the owner/developer. . Parkland fees shall be applicable in lieu of parkland dedication. Replats are in accordance with the City's Development Ordinance. Staff recommends approval of the replats. Prior to the recordation, followings items need to be addressed: . All construction improvements are complete at site. . Covenants, Conditions, and Restrictions (CCRs) for the subdivisions must include fencing standards adjacent to the Golf Course and statement describing that the City will not be responsible for any damage to the property by straying golf balls shall be stated on the plats. . Sidewalks shall be installed along both sides of all public streets and along south side of South S Street up to South Broadway. . Approval of the Plats withholding signature and recordation until the above are complied. This will authorize the developer to begin construction of subdivision improvements. Disapproval of the Plats and supporting documents as filed. This will require the developer to file new plats with the required documents. . ....... A CITY OF LA PORTE 604 West Fainnont Parkway La Porte, Texas 77571 CITY OF LA PORTE GIS MAPPING 9 1 inch equals 259.6 feet l~n.' ;~,.-~ Staff Report Retreat at Bay Forest North & South Re-plats March 15, 2007 Requested Action: Consideration of Re-plats for proposed subdivisions Retreat at Bay Forest North and South Requested By: Don Meeks, President, Retreat at Bay Forest, L.P. Requested For: North - 3.7599 acres (163,781 sq. ft.) ofland described as Lots 1-32, Block 1261, 16' wide alley in the block, 80 feet wide portion of West "T" Street right-of-way closed and abandoned per City Ordinance #1530, Johnson Hunter Survey, Abstract 35, and TR 5N, W.P. Harris Survey, Abstract No.30, La Porte, Harris County, Texas. South - 3.5804 acres (155,963 sq.ft.) of land described as TR A5, W.P.Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. Present Zonine:: Low-Density Residential (R-l) Requested Use: Residential Subdivision - (Single Family Dwellings) Backe:round: Retreat at Bay Forest North and South sections are proposed residential subdivisions to be located along South Broadway (Old Highway 146) adjacent to the Bay Forest Golf Course. North Section will be located approximately 700' north of Wharton Weems Boulevard and the South Section will be located at the southwest comer of Wharton Weems Boulevard and South Broadway. Final Plats for both north and south sections were approved at the March 16, 2006, meeting. Subsequently, a replat for south section was approved at the November 16, 2006, meeting. Approval of both the plats was subject to review by the Harris County Flood Control District (HCFCD). After changes to the drainage analysis, HCFCD offers no objection to the referenced projects. Previously, the north subdivision had 1 block, 18 single-family residential lots; south subdivision had 1 block, 10 single-family residential lots, and 1 restricted reserve (1.1049 acres) to the south of this development for detention to accommodate both north and south sections. After the drainage analysis and proposed modifications by Harris County, there was a loss and gain of two residential lots to north and south section respectively along with additional detention in the North. ~c Retreat at Bay Forest (N&S) - Re-plats 3/15/07 - P & Z Meeting Page 2 of 4 The total number of lots remains the same with 16 lots in the north section and 12 lots in the south section. Corresponding densities conform to below 4.8 DUA (dwelling units per acre) permitted in Low-Density Residential (R- 1) zoning districts per Section 106-333, Table B, residential area requirements of the City's Code of Ordinances. Analvsis: Section 4.03 and Appendix D of the City's Development Ordinance establish review criteria for subdivision plats. Staff also used criteria in the City's Zoning Ordinance and Comprehensive Plan to review these proposed subdivisions. Land Use - The project's proposed residential use conforms to the character of the surrounding land uses and Low-Density Residential (R-1) zoning district. As properties adjacent to the subject site are overwhelmingly residential with mid to high density residential uses along South Broadway. The area is intended for developing as residential uses in the La Porte Comprehensive Plan and Land Use Plan. TransportationlInterior Circulation - The north section is located south of West "S" Street, an unimproved public right-of-way dead end into the Bay Forest Golf Course. The City has allowed the developer to improve a portion of this street in accordance with (PICM) for use as an entrance/exit off South Broadway. A 50' right-of-way with a cul-de-sac street off West "S" Street will serve the north subdivision. As suggested, area to the south end of Troon Drive is dedicated for future right-of-way. This area could remain open and green for future projection of the street. The proposed South section will have an entrance/exit off South Broadway approximately 260' south of the intersection at Wharton Weems Boulevard. The developer has received approval of this drive from TxDOT. Interior circulation in both the subdivisions seems to be adequate. Wharton Weems Boulevard and South Broadway (Old Highway 146), primary arterials with 100' of ROW, should accommodate the traffic generated by these developments. Sidewalks - The developer shall be responsible for construction and installation of sidewalks within the subdivision and it shall be stated in writing on the plat. In addition, the developer shall construct sidewalks along both sides of all public streets within the subdivision and along the south side of South "S" Street up to South Broadway. Parks and Recreation - Section 12.0 ofthe City's Development Ordinance requires the developer to provide on site open space and recreational space or fees in lieu of parkland to the City. Per the Ordinance, an area of land dedicated to the City for parkland purposes shall equal one acre for each 160 proposed dwelling units. There are a total of 28 lots. Therefore, a monetary fee in lieu of parkland would be required. Retreat at Bay Forest (N&S) - Re-p1ats 3/15/07 - P & Z Meeting Page 3 of4 Utilities - There is sufficient water service available to serve these proposed developments. Originally, this area was a part of the potentially overloaded sewer system as per South La Porte Wastewater Report. Later, improvement of the wastewater system around Texas Avenue and closing of the Vista Baywood Apartments provided some relief. In addition, an upgrade of the system from Broadway to McCabe Road will provide further relief to the sanitary sewer system. The developer is responsible for providing all on-site infrastructure or improvements to accommodate the subdivision's water and sanitary sewer needs. The design and construction of all water and sewer systems shall be in conformance with the Public Improvement Criteria Manual (PICM). Drainage - The proposed subdivisions are located in the Taylor Bayou Watershed, therefore, detention is required per the City of La Porte's criteria. North and South sections are designed so that all storm drainage flows directly into the detention basin located in the south section adjacent to Harris County Flood Control District facility. Future street projection through the North Section will provide further relief to the drainage system. The detention basin's size and capacity has been reviewed on the construction drawings to ensure that it adequately serves the proposed developments without burdening the existing system or adverse impact to the Golf Course. All the necessary easements required for proper drainage, including storm water inlets have been noted on the plats. Fencing - The proposed subdivisions abut the Golf Course on the West. Design of the fence must be approved by the City. Fence standards (6' high wrought iron fence adjacent to the Golf Course) are stated in the protective covenants or deed restrictions. Maintenance/repair costs by the homeowner association must be stated in the document to be submitted with the plats. Conclusion and Recommendation: The Final Plats are in accordance with the City's Development Ordinance. Staff recommends approval of the Final Plats. The following items need to be addressed prior to the recordation ofthe Plats: . All construction improvements are complete at site. . Fencing specifications and standards shall be stated in the CCRs and must be approved by the City. . Sidewalks shall be installed along both sides of all public streets and along south side of South "S" Street up to South Broadway. . Payment of $244.36 shall be made to the City for street sign installation. . Payments of $2,530.00 and $1,896.36 shall be made to the City for streetlights installation and I-year service cost respectively. Retreat at Bay Forest (N&S) - Re-plats 3/15/07 - P & Z Meeting Page 4 of 4 . Payment of $9,450.00 shall be made to the City in lieu of parkland dedication. (vested under the previous ordinance) Options available to the Commission are as follows: . Approval of the Final Plat withholding signature and recordation until the above are complied. This will authorize the developer to begin construction of subdivision improvements. . Disapproval of the Final Plat and supporting documents as filed. This will require the developer to file a new Final Plat with the required documents. Lakes at Fairmont Greens, Section 9 Preliminary Plat Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Plat Lakes at Fairmont Greens, Section 9 - Preliminary Plat Planning and Zoning Commission March 15,2007 Present Zonin Project Name Acreage Surrounding Zoning 2000 Block of State Hi hwa 146 TR A Parcel 10; W. P. Harris Survey, A-30, La Porte, Harris Count , Texas. La Porte 65 Ltd. (Arete Real Estate & Develo ment Planned Unit Develo ment PUD Lakes at Fairmont Greens, Section 9 20.119 acres North Planned Unit Development East Planned Unit Development South Planned Unit Development West Planned Unit Develo ment Residential Sin le-Famil residential 0 lot line Applicant Summary: · The Lakes at Fairmont Greens has an approved General Plan and SCUP. The current submittal is a Preliminary Plat for Section 9 of this development. · The subject property is located at the southeast of State Highway 146 and McCabe Road. · The applicant is proposing 108 single-family residential zero or special lot line for this section. Corresponding density meets densities allowed by the strict compliance of Chapter 106 (Zoning). · The plan shows two points of entrance/exit, however, one is questionable and requires approval by TxDOT · The water is available along easterly right-of-way line of SH146. Sanitary sewer is not readily available to the property but is under construction. · A new lift station is proposed near the southeast end of the property adjacent to Taylor Bayou. Extension of the southeast sanitary sewer construction of trunk main and lift station facilities shall be constructed through a Developer's Agreement in accordance with the City's sanitary sewer master plan for the Southeast of La Porte. The proposed development will be connected to the new trunk main going north for sanitary sewer. · The layout for drainage and detention is in accordance with the Taylor Bayou Watershed Plan and through conveyance is directly outfalling into the Taylor Bayou. · Landscape, utilities and soundwall reserves are located along SH 146. · Previously, the City disapproved the similar layout plan for the subject property submitted by John Hettig. Recommendation: Staff reviewed the preliminary plat and found it to be partially in accordance with the development ordinance of the City. Should the Commission wish to approve the Preliminary Plat in its present format, staff suggests the following considerations prior to the Final Plat: · As per approved SCUP, land use "single-family special or zero lot line" must be approved by the City. · For emergency purposes, relocate 2nd point of entry to the subdivision along McCabe Road not SH146. · Building setbacks of 15' needs to be approved in lieu of20'. . Lot area is less than the required 4500' for the zero lot line. . Utility schematics are under review by the City. · Require approval of Harris County for the drainage easement. · 20' private alley and sanitary sewer easement, IS' building setback including 10' waterline easement will be difficult to maintain public services. · Building design standards need to be submitted to the City for review. · Protective covenants and restrictions for this subdivision need to be submitted for the City Attorney's review and approval. · Parkland fees in compliance with the Development Ordinance 1444-G dated 4-10-2006 shall be applicable. . r', l!n"'~4A A "'!,rtd"T,ttr . Lakes at Fairmont Greens, Section 9 - Preliminary Plat Planning and Zoning Commission March 15,2007 Options available to the Commission are as follows: · Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the fmal plat submittal. · Conditional approval of the Preliminary Plat as filed. This will require the developer to address the conditions and resubmit the Preliminary Plat. · Disapproval of the Preliminary Plat as filed. This will require the developer to file a new Preliminary Plat. "Draft" This permit is issued to: For Development of: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit # SCU 07-004 65 La Porte Ltd. (A rete Real Estate and Development Co.) Owners 340 N Sam Houston Parkway East. Suite#140 Houston, TX 77060 Address Proposed Lakes at Fairmont Greens. Section 9 Development Name Located at SH 146 north of McCabe Road Address 20 acres of land beinq located in the W.P. Harris Survey, A-30 City of La Porte, Harris County. Texas Planned Unit Development (PUD) Single-familY residential (Special Lot Line) 1. The development is restricted to 108 units based on single-family residential special lot linelzero lot line parameters in the City's Code of Ordinances Section 106-333. 2. The Developer's Agreement shall determine driveway access on S.H. 146 and approval by TxDOT. 3. Building setbacks of 15'in lieu of 20' along public street rights-of-way and lot areas of 4,000 sq. ft. 4. Lot coverage may range from 55% to 59%. 5. Any further redesign of the current layout of street rights-of-way, lot configuration and building setbacks for this section require prior approval by the Director of Planning. 6. Future approval of the plats and construction drawings will need to be in accordance with the master sewer plan for south La Porte or agreed modifications. 7. This project and the entire General Plan will need to conform to the priniciples and findings of the Taylor Bayou Watershed Plan. 8. The City's Parkland dedications will not apply. Park/open space areas will be included in the protective covenenats and restrictions that these areas, structures, lawns, open spaces and appropriate adjacent lands are private and maintenance would be the responsibility of the Homeowne? Association. 9. The perimeter landscaping, pedestrian paths, sidewalks and the drainage system for Section 9 will be consistent with standards proposed for the Lakes at Fairmont Greens Subdivision. 10. Construct a sound barrier wall along with landscaping/open space consistent with the north development. 11. Ensure pedstrian access to trails system from within the development without entering McCabe Road right-of-way or SH 146. 12. Submit the Development Agreement, plat, covenatnts and restrictions etc. for the said subdivision. 13. Section 9 will be included within the Homeowners Association created for the adjacent singe-family development. 14. Consider a mixture of3 and 4 bedroom units in consideration of the impact on LPISD. 15. Architecture of units must be approved by the City of La Porte. 16. Development requires alleys and rear access (privately maintained) to garages and 50' ROWs. Alleys are to be 20' ROW with 12' pavement and signed for one way access. All lots will be serviced by alley access. Provisions must be stated in the CCRs. 17. Development requires landscaping of individual lots and tress in rear yards of lot along McCabe Road and State Highway 146. 18. Landscaping is required along the entire length of the development bordering McCabe Road. 19. Irrigation sytem shall be provided to allow establishment of all landscaping! plant material. 20. Provide for school bus turnarounds and bus stops. 21. Ensure that planned amenities (parks, playgrounds and equipment, etc.) are constructed and maintained by the HOA. 22. Ensure adequate easements are provided to allow maintenance of the Taylor Bayou. 23. VerifY width of the pedestrian bridge over Taylor Bayou is consistent with the hike and bike trails 8' wide. 24. Plans for the pedestrian, hike and bike trails shall be submitted to the City prior to the final plat approval. 25. The developer shall comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary Staff Report Preliminary Plat March 15, 2007 Lakes at Fairmont Greens, Section 9 ReQuest: ReQuested By: ReQuested For: Present Zonine:: ReQuested Use: Back2:round: Approval of a Preliminary Plat for 100+ units single-family development. 65 La Porte Ltd. (Arete Real Estate and Development Co.) 20.119 acres of land located in the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located between State Highway146 and the Bay Forest Golf Course. Planned Unit Development (PUD) Single-Family Residential Development This property is located at the northeast comer of McCabe Road at State Highway I 46. It is bounded on the east by the Bay Forest Golf Course. On the north, it is adjacent to the Lakes at Fairmont Greens, Section 1, a proposed single-family residential development on approximately 35 acres surrounding by the Bay Forest Golf Course. Development in a PUD zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (SCUP) be submitted and processed simultaneously. After approval of the General Plan and SCUP by City Council, the applicant would be authorized to submit a Preliminary Plat. This Plat would be reviewed and acted upon by the Commission. Approval of the preliminary and final plats would allow the applicant to submit construction drawings for review and then to begin construction of the project. The developer submitted a General Plan and Special Conditional Use Permit SCU#03-002 for 150 acres located at SH 146 just south of the Baypoint Townhomes. The General Plan proposed single-family residential, multi- family residential, and neighborhood commercial uses within the Planned Unit Development zoning district (PUD). Based upon the initial General Plan, SCU#03-002, including the multi- family portion (apartments) of the development was approved in 2003 as a joint venture. Integrated into the plan was a land swap between Mr. Fogarty and Mr. Hettig, with Mr. Fogarty controlling a 20+/- acre tract at the Northeast comer of McCabe Road and S.H. 146 where Mr. Hettig's apartments were being considered. Mr. Hertig, in turn controlled a tract in the Northern portion of the development integral to Mr. Fogarty's concept for the single family development. As a joint venture, it was envisioned that a land swap between the two developers would benefit the entire plan. ;: ltfliirg C'll' t~":,,.' . Lakes @FG, Sec.9 March 15,2007 Page 2 of5 Analysis: With both the land swap and Mr. Hettig's portion of the project held in abeyance, Mr. Fogarty is moving forward with the development of this tract without the land swap or the multi-family development. The last submittal for a new General Plan, dated June 2004, for 411 lots and 18 Reserves on 135.4 acres and Special Conditional Use Permit#SCU04-012 have been approved by the City. The General Plan excludes the Hettig parcel of land adjacent to, and north of Section 5, south of Section 7 and bordering State Highway 146. The La Porte Planning and Zoning Commission on April 21, 2005, granted a request for a time extension for Special Conditional Use Permit #SCU04- 012, for the proposed development of Lakes at Fairmont Greens to be located north of McCabe Road, between Bay Forest Golf Course and State Highway 146. The current submittal, Lakes at Fairmont Greens, Section 9, will consist of 100+ single-family homes special or zero lot line. These homes will be built on approx. 20 acres of land to the northeasterly comer of McCabe Road and State Highway 146 southwest of Taylor Bayou. The present plan is a similar layout submitted by John Hettig. Subsequently, the plan was disapproved by the City. Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: . Land Uses - Review of the City's Land Use Plan indicates this area was envisioned as developing as low density residential with a mixed commercial use. As per approved General Plan, subject tract (Parcel 10) is called out as land plan to be determined "single-family residential and commercial development". The multi-family development section and portion with commercial development have been deleted. The proposed project is now single-family homes as special or zero lot line. The intended development alters the approved SCUP and General Plan for Lakes at F airmont Greens. . Streets, Access, & Layout - State Highway 146 and McCabe Road provide access to the site. Along S. H. 146 traveling north, TxDOT is negotiating with property owners to secure right turn lanes at Wharton Weems and McCabe Road. These lanes should help prevent traffic delays. The layout shows public streets with 50'right-of-way. One point of access is shown along frontage road of SH 146 and another along McCabe Road. Proposed access along State Highway 146 is questionable per TxDOT driveway location criteria, traffic volume and speed limit along highways. In addition, frontage road is northbound only, response time for emergency vehicles will be increased. This will Lakes @FG, Sec.9 March 15,2007 Page 3 of5 not be advantageous for fire, ambulance, and police to access this subdivision. Staff suggests 2nd point of entry be relocated along McCabe Road, an 80' right-of-way with traffic circulation in both directions. The City's approved Public Improvement Criteria Manual (PICM) requires all street right-of-ways (ROW) to be 60'. In addition, Development Ordinance requires that the design and construction of private streets be identical to the public streets. Public streets and private alleys need to be noted on the plat. Under normal zoning criteria outside of Planned Unit Development (PUD), a minimum lot area for single-family special or zero lot line is 4500 s.f. The plat shows typical 50'x 80'(4000 s.f.) lots. Lot width, however, exceeds the minimum 40'. Building setbacks are Front 20', Rear 10', and Side 0, the plat shows only 15' front building line with 20' alley in the rear for access to the garage. A note should be placed on the face of the plat that private alley 20 wide shall be used for vehicular service access to the back of the properties and maintenance is the sole responsibility of the developerlhomeowner's association. Utilities - There are sufficient water distribution facilities along frontage road of State Highway 146 and McCabe Road to supply potable water and fire protection to this proposed project. Currently, sanitary sewer is not available to this property. Extension of the Southeast Sanitary Sewer Trunk Main and Lift Station near McCabe Road shall be constructed through a Developer's Agreement and specifications prepared by the developer's engineer. Currently, utility schematic for this subdivision are under review by the City. . Drainage - The proposed development lies within the Taylor Bayou Watershed. The City of La Porte has a master drainage plan for the Taylor Bayou Watershed in conjunction with the development to the west of State Highway 146. The 110' wide HCFCD drainage easement will be abandoned by Harris County and that reserve will be dedicated to public domain. The City is responsible agent for its maintenance through the declaration of protective covenants and agreements for the Lakes at Fairmont Greens Subdivision. . Parks and Open Space - The plan shows a park, open spaces, landscape, utilities and sound wall reserves in and around the proposed development. In addition to the passive park/open space areas, the development proposal could include in its deed restrictions that these areas are private and maintenance would be the responsibility of the Homeowner Association. Lakes @FG, Sec.9 March] 5, 2007 Page 4 of5 . Maintenance Issues - Staff analyzed the nature of this new development, evaluated pros and cons associated with this kind of development, and impact to the community. An overall density may not be an issue but the public services will be difficult to maintain within 20' alley& S.S. easement and 15' building setback area. . Beautification - La Porte Comprehensive Plan provides guidelines for the implementation of beatification program. There are certain areas which are more visible and may serve as a starting point to initiate a beautification programs. This particular site is located at the primary gateway to La Porte. The visual appearance forms the overall impression of the City. The developer needs to submit building design standards for the proposed project to verify aesthetic visual appearance of the subdivision. . Sidewalks - 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 would recommend the inclusion of sidewalks within the subdivision. Responsibility for construction of the sidewalks should be specified by covenant and stated on the face of the plat. Recommendation: Based on items discussed above, the project does not seem to be in consistent with the Special Conditional Use Permit and General Plan approved by both the Planning and Zoning Commission and City CounciL Staff recommends disapproval of the Preliminary Plat. If the Planning and Zoning Commission wishes to approve this Preliminary Plat, staff suggests the following conditions as a minimum be considered prior to the Final Plat: . As per approved SCUP, land use "single-family special or zero lot line" must be approved by the City. . F or emergency purposes, relocate 2nd point of entry to the subdivision along McCabe Road not SH146. . Building setbacks of 15' needs to be approved in lieu of20'. . Lot area is less than the required 4500' for the zero lot line. . Utility schematics are under review by the City. . Require approval of Harris County for the drainage easement. . 20' private alley and sanitary sewer easement, 15' building setback including 10' waterline easement will be difficult to maintain public services. . Building design standards need to be submitted to the City for review. . Protective covenants and restrictions for this subdivision need to be submitted for the City Attorney's review and approval. . Parkland fees in compliance with the Development Ordinance 1444-G dated 4-10-2006 shall be applicable. Lakes @FG, Sec.9 March 15,2007 Page 5 of5 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 requires submission of an amended Preliminary Plat and additional documentation as specified by the Commission for final Commission approval. · Disapproval of the Preliminary Plat requires submission of a new Preliminary Plat.