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Home My WebLink About03-15-07 Regular Meeting and Public Hearing of the LP Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF MARCH 15, 2007 Members Present: Pat Muston, Nick Barrera, Dottie Kaminski, Paul Berner, Claude Meharg, Kirby Linscomb Jr., Hal Lawler (Alt 1) and Les Bird (Alt 2) Members Absent: Doretta Finch City Staff Present: City Planner Masood Malik and Office Coordinator Peggy Lee 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF FEBRUARY 15, 2007, MEETING MINUTES. Pat Muston noted there should be a correction to the Minutes changing WITH to WITHIN in the third line in the caption of Item 3. Motion by Paul Berner to approve the Minutes of February 15, 2007, with the correction to change WITH to WITHIN in the third line in the caption of Item 3. Second by Nick Barrera. The Motion carried. Ayes: Nays: Abstain: Berner, Barrera, Linscomb, Kaminski, Meharg, Muston, and Lawler. None None 3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-o02 FOR APPROXIMATELY 7 ACRE TRACT OUT OF 8.2628 ACRES OF LAND, BEING TR 719 AND E % OF TR 718, LA PORTE OUTLOTS, W.B. LAWRENCE SUBDIVISION, RECORDED IN VOLUME 83, PAGE 344, DEED RECORDS OF HARRIS COUNTY, TEXAS AS REQUESTED BY METHODIST COMMUNITIES, INC. FOR A PROPOSED NURSING HOME. Chairperson Muston opened the public hearing at 6:01 p.m. A. STAFF PRESENTATION City Planner Masood Malik presented staffs report. Methodist Retirement Communities has requested a special conditional use permit to construct a nursing home in a Planned Unit Development zone along Underwood Road, south of Caniff Road. Notices of the public hearing were mailed to 18 property owners located within 200 feet of the subject property. One response was received favoring approval of the special conditional use permit. Staff recommended approval of the permit with the conditions listed in staffs report, excluding the condition which required a traffic and environmental impact analysis be submitted prior to building. Planning and Zoning Commission Minutes of March 15,2007, Meeting Page 2 of 6 B. PROPONENTS Richard Ogrin, Vice-President of Project Development, Methodist Retirement Communities, addressed the Commission. Mr. Ogrin stated the closing for the property purchase was last Tuesday. The proposed development includes a 98-bed, one-story nursing home at an estimated construction cost of nine million dollars. The new facility will replace the current bayfront facility, which is in poor condition. Mr. Ogrin briefly described the design concept and distributed a sketch of the proposed facility. Mr. Ogrin answered questions from the Commission. C. OPPONENTS No opposition was presented. 4. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6: 16 p.m. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07..()02 FOR APPROXIMATELY 7 ACRE TRACT OUT OF 8.2628 ACRES OF LAND, BEING TR 719 AND E % OF TR 718, LA PORTE OUTLOTS, W.B. LAWRENCE SUBDIVISION, RECORDED IN VOLUME 83, PAGE 344, DEED RECORDS OF HARRIS COUNTY, TEXAS AS REQUESTED BY METHODIST COMMUNITIES, INC. FOR A PROPOSED NURSING HOME. Motion by Hal Lawler to recommend to City Council, approval of Special Conditional Use Permit #SCUO? -002 for development of a nursing home in a Planned Unit Development zone along Underwood Road, south of Caniff Road, with the following conditions: . 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#0?-D02 is specifically limited to the proposed nursing home; any future development shall be subject to tiling 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 106-521(a). The applicant shall comply with all applicable laws and ordinances of the City and the State of Texas. . . . . Second by Dottie Kaminski. The Motion carried. Ayes: Nays: Abstain: Berner, Barrera, Linscomb, Kaminski, Meharg, Muston, and Lawler. None None Planning and Zoning Commission Minutes of March 15,2007, Meeting Page 3 of 6 6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-o03 FOR 0.35 ACRE OF LAND BEING LOTS 17-21, BLOCK 76, TOWN OF LA PORTE, VOLUME 83, PAGE 345, HARRIS COUNTY DEED RECORDS, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY WYCOFF CONSTRUCTION AND DEVELOPMENT LLC., FOR DEVELOPMENT OF OFF-SITE PARKING FOR PROCESS PRODUCTS. Chairperson Muston opened the public hearing at 6:19 p.m. A. STAFF PRESENTATION Mr. Malik presented staffs report. Wycoff Construction and Development, on behalf of Process Products, has requested a special conditional use permit to develop an off-site parking lot in the 300 Block of North 8th Street for use by Process Products. Notices of the public hearing were mailed to 11 property owners located within 200 feet of the subject property. One response was received favoring approval of the special conditional use permit. Staff recommended approval of the permit with the conditions listed in staffs report. B. PRONONENTS Terry Lera, of Wycoff Construction, addressed the Commission. A nice landscaped parking area would improve the area. C. OPPONENTS No opposition was presented. 7. CLOSE PUBLIC HEARING. Chairperson Muston closed the pUblic hearing at 6:25 p.m. 8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07 -003 FOR 0.35 ACRE OF LAND BEING LOTS 17-21, BLOCK 76, TOWN OF LA PORTE, VOLUME 83, PAGE 345, HARRIS COUNTY DEED RECORDS, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY WYCOFF CONSTRUCTION AND DEVELOPMENT LLC., FOR DEVELOPMENT OF OFF-SITE PARKING FOR PROCESS PRODUCTS. Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit #SCU07 -003 for development of an off-site parking lot for Process Products 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. Planning and Zoning Commission Minutes of March 15,2007, Meeting Page 4 of 6 · 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. Second by Paul Berner. The Motion carried. Ayes: Nays: Abstain: Berner, Barrera, Linscomb, Kaminski, Meharg, Muston, and Lawler. None None 9. CONSIDER REPLAT FOR PROPOSED RETREAT AT BAYFOREST NORTH TO BE LOCATED ALONG SOUTH BROADWAY. Mr. Malik presented staffs report on a request by Don Meeks for a replat of Bayforest North Subdivision located along South Broadway. The previous plat approval included 18 lots, which would be reduced to 16 lots if approved as requested. Don Peebles, of Goldston Engineering, answered questions from the Commission. Staff recommended approval of the replat and outlined the items that should be completed prior to recordation of the plat Motion by Claude Meharg to approve the replat of Bayforest North Subdivision with the following items being addressed prior to recordation of the plat: · 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 the south side of South US" 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 streetlight installation and one-year service cost respectively. · Payment of $9,450.00 shall be made to the City in lieu of parkland dedication (vested under previous ordinance). Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Berner, Barrera, Linscomb, Kaminski, Meharg, Muston, and Lawler. None None 10. CONSIDER REPLAT FOR PROPOSED RETREAT AT BAYFOREST SOUTH TO BE LOCATED ALONG SOUTH BROADWAY AT WHARTON WEEMS BLVD. Mr. Malik presented staffs report on a request by Don Meeks for a replat of Bayforest South Subdivision located along South Broadway at Wharton Weems Blvd. The previous plat included 10 lots, which would be increased to 12 lots if approved as requested. Don Peebles, of Goldston Engineering, answered questions from the Commission. Planning and Zoning Commission Minutes of March 15,2007, Meeting Page 5of6 Staff recommended approval of the replat and outlined the items that should be completed prior to recordation of the plat. Motion by Nick Barrera to approve the replat of Bayforest South Subdivision with the following items being addressed prior to recordation of the plat: · 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 the south side of South "SD 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 streetlight installation and one-year service cost respectively. · Payment of $9,450.00 shall be made to the City in lieu of parkland dedication (vested under previous ordinance). · Call out Harris County fee simple right-of-way/easement on the southwest corner of the plat. Second by Kirby Linscomb. The motion carried. Ayes: Nays: Abstain: Berner, Barrera, Linscomb, Kaminski, Meharg, Muston, and Lawler. None None 11. CONSIDER PRELIMINARY PLAT FOR PROPOSED LAKES AT FAIRMONT GREENS, SECTION 9 TO BE LOCATED ALONG McCABE ROAD AT STATE HIGHWAY 146. Mr. Malik presented staffs report for the Preliminary Plat request for Lakes at Fairmont Greens, Section 9, to be located along McCabe Rd. at SH 146. Staffs review of the plat revealed the following outstanding items: · 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 SH 146. · Building setbacks of 15' needs to be approved in lieu of 20'. · Lot area is less than the required 4500 sq.ft. 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. Nonnan Reed, Project Manager for Lakes at Fainnont Greens, and Bryan Klein, of ION Design, Civil Engineer Land Planner for this project, discussed the items with Staff and the Commission. After a lengthy discussion with Staff, Mr. Reed, and Mr. Klein, Commission members were apprehensive about taking action due to the nature of several of the outstanding items and due to the absence of legal representation for guidance. Planning and Zoning Commission Minutes of March 15, 2007, Meeting Page 6 of 6 Mr. Reed presented the Commission with a written request to have the item withdrawn from consideration at this time. 12. ADMINISTRATIVE REPORTS Police Department construction is approximately 50% complete. Fire Station #3 construction is approximately 90% complete. EMS Renovation is approximately 70% complete. Port Crossing construction is underway. Pond to Park project along Driftwood is approximately 70% complete. Trunk Sewer Main from Wharton Weems to BayPoint Townhomes is under construction. 13. COMMISSION COMMENTS · Chairperson Muston inquired about the status of Garfield Apartments. Mr. Malik advised there should be a demolition permit issued next week. · Mr. Meharg asked if the City could require legal representation as part of the quorum required to conduct the meeting. · Mrs. Kaminski asked why the preliminary plat item for Lakes at Fairmont Greens was placed on the agenda if it were not ready. Mr. Malik responded that the plat review was rushed as it was submitted at the deadline. 14. ADJOURN Motion by Paul Berner to adjourn. Second by Nick Barrera. The meeting was adjourned at 8:00 p.m. Submitted by, ggyL ~r 7~ JJe, Office Coordinator AP'f"ed on this ~ day of~, 2007. pe1us~ Chairperson. Planning and Zoning Commission Zone Change Request #R07-001 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Public Notice Response Zone Change Request #R07-001 Planning and Zoning Commission April 19, 2007 A Hcant Present Zonin Requested Zoning Acreage to be Rezoned Surrounding Zoning Fairmont Parkwa at Willmont Drive Approximately 5 acres of land located in the William M. Jones Survey, Abstract No. 482 and further described as 4.53 acres, Tract 33, Treatment Plant Site and 0.39 acre as Lot 49, Block 39, Fairmont Park West, Section 5, La Porte, Harris Count , Texas. Tom Cauthens a ent) Cit of La Porte (Trustee Medium Densit Residential -2 Neighborhood Commercial (NC) Approx. 5 acres North Low Density Residential (R-1) East Low Density Residential (R-1) South Fairmont Parkway West Low Densi Residential Mid to Hi h Densit Residential Commercial /Retail Develo ment · The applicant seeks a rezone from Medium Density Residential (R-2) to Neighborhood Commercial (Ne). · The purpose of the zone change is to provide for retail/commercial activities at this intersection. · The City's Land Use Plan shows the subject tracts developing as mid to high density residential. · The subject site is an old waste water treatment plant site. · Recently, the City received a bid from the applicant for the subject surplus property . · The City is also including lot 49, block 39, Fairmont Park West Subdivision, as a secondary access to this site along Willmont Drive. · The effect of the change from R-2 to NC should not have an adverse impact on the surrounding properties. · Infrastructure should not be affected by this change. Staff recommends approval of the Zone Change Request #R07 -00 I with the following considerations: Recommendation: · Purpose of the rezone request is to bring commercial/retail developments suitable for this area. · Requested change is compatible with the zoning and uses of nearby properties. · Change from R-2 to NC could be considered as viable for future development of restricted land that would be difficult to develop under residential requirements. Actions required by The Commission: · Recommend to Council approval of this rezone request to change from Medium Density Residential (R-2) to Neighborhood Commercial (Ne). · Recommend to Council denial of this rezone request to change from Medium Density Residential (R-2) to Neighborhood Commercial (Ne). · Table this item for further consideration by the Commission. BHIt;lrr 1\ ~~~ oG ~\c~ ~\)s ~~R-07-001 ~oCv.. s"'~\..\.. RUSTIC ROCK' N W+H S ~ ~ ~ ~~ ~ o'l'l ~ :-( ",O\..\; ~ ~ OC~ ~"t ~ ~ ~O ~ C\..~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a:: c ~ a:: w to W tJ) o a:: PARK Ii A.PPI..I2 Jj "R1212 ell'? PARKWAY DR S APPLE TREE elR FAlRMoNt PKWY .. !rHfl;lrr B Staff Report Zone Change Request #R07-001 April 19, 2007 Requested by: Tom Cauthens, Agent on behalf of City of La Porte, Trustee Requested for: Approximately 5 acres of land located in the William M. Jones Survey, Abstract No. 482 and further described as 4.53 acres, Tract 33, Treatment Plant Site and 0.39 acre as Lot 49, Block 39, Fairmont Park West, Section 5, La Porte, Harris County, Texas. Location: Fairmont Parkway at Willmont Drive Present Zonm!!: Medium Density Residential (R-2) Requested Zonm!!: Neighborhood Commercial (NC) Surroundin!! Zonin!!: North - Low Density Residential (R -1 ) South - Fairmont Parkway East - Low Density Residential (R-l) West - Low Density Residential (R-1) & Medium Density Residential (R-2) Back2round: Approximately 5 acres of undeveloped land is located at the northeast comer of Fairmont Parkway at Willmont Drive, a primary access to Fairmont Park West Subdivision. The subject property is adjacent to Big Island Slough to the east and Fairmont Park West to the north and west. The property is owned by the City of La Porte. This property was the old treatment plant site with pump station located adjacent to the Big Island Slough. Later on, the property was considered as a potential site for the future Police Department building. The new Police department building is currently under construction along Spencer Highway at North 23rd Street. The subject tract was included in surplus property sale. Last year, the City did not receive any bids for these particular tracts (4.53 acres and 0.39 ac.), which were listed for $288,000.00 and $30,000.00 respectively. Earlier this year, Warwick Homes c/o Tom Cauthens successfully bid on the 4.53 acres tract. The subject property is under contract but not closed as of date. Recently, the applicant met with the staff and discussed his future plans for this property. Subsequently, staff had a workshop with the Commission at the February 15, 2007, meeting, for the possibility of a rezone. The Commission recommended Neighborhood Commercial (NC). If rezoned, the property will be developed for commerciaVretail purposes. -' ' -, (""f BHll31T' ,'. V #R 07-001 P&Z 4/19/07 Page 2 of 4 The subject tract has 725 feet of frontage along Fairmont Parkway and 300 feet deep to the north. The property is located approximately 120 feet east of the intersection of Fairmont Parkway at Willmont Drive. The City is also including lot 49, block 39, Fairmont Park West, to be consistent with the requested zoning. This tract will serve as a secondary access along Willmont Drive. The property in question is also in the vicinity of single-family residential, elementary school, 150' wide HCFCD channel and commercial businesses near Farrington Boulevard. Currently, Bayport North Industrial Park II, just south of Fairmont Parkway, is under construction at this intersection. The applicant seeks to rezone the property from Medium Density Residential (R-2) to Neighborhood Commercial (NC) for commercial/retail purposes. The neighborhood commercial classification is intended to provide for the establishment of local centers for convenient, limited office retail or service outlines which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the other geographic areas. Some of the uses allowed in a Neighborhood Commercial District: Antique stores Hardware stores Doctors and dentists offices Misc. retail/shopping Drugstores Personal services Eating places Professional offices Financial Recreational facilities Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and Economic Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developing as mid to high density residential, however, commercial uses especially retaillbusiness remains an important source of revenue to the City. Land uses along major thoroughfares indicate that the area is intended for commercial developments. The City has been consistent in providing commercial uses along major roads within the City limits. However, the following aspects shall be considered for a rezone request: #R 07-001 P&Z 4/19/07 Page 3 of4 · Ability of infrastructure to support the permitted use · Impact on the value and practicality of the surrounding land uses · Conformance of a zoning request with the land use plan · Character of the surrounding and adjacent areas · Suitability of the property for the uses which would be permissible, considering density, access and circulation, and adequacy of public facilities and services · The extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road · The extent to which the proposed use designation would create excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties · The gain, if any, to the public health, safety, and welfare of the City Transportation - The tract in question will have an access along Fairmont Parkway. A semi-controlled access highway with a 200' right-of-way may accommodate the additional traffic generated by future commercial developments. However, controlled access management techniques shall be adopted, e.g. limited number of driveways and posting of signs to avoid any traffic conflict. A traffic impact analysis study shall be required for proposed developments at this intersection. Bayport North Industrial Park II and signalized intersection at Willmont will have a positive impact on the future developments and flow of traffic at this intersection. Utilities - Public facilities are available to the property and are sufficient to handle the supply of potable water and fire protection in the area. Storm water drainage will be reviewed with the development site plan submittal for proposed development. On-site detention shall be required to minimize the drainage impact on the surrounding properties. Drainage/detention system will outfall directly into the Big Island Slough. Economic Development - One of the aspects of the Comprehensive Plan is to encourage new and sustained investment in the City as the basis of a successful redevelopment strategy. This may be achieved by encouraging in-fill development within existing infrastructure service areas. Commercial, retail, and service activities should be clustered throughout the City and beeconvenient to residential areas. In addition, commercial activities should be concentrated in nodes along major thoroughfares and intersections, such as the proposed location at the intersection of Fairmont Parkway and Willmont Drive. #R 07-001 P&Z 4/19/07 Page 4 of 4 Conclusion / Recommendation: The above analysis and the best use review option by the applicant reveals that the subject site would be better served by the proposed rezone, which would blend into an existing use of property to the east across the channel and nearby Farrington Boulevard. In addition, the proposed commercial development shall be restricted for number of driveways permitted as compared to the number of driveways required for mid to high density residential developments. Staff fmds the requested change conforms to the abutting zoning and is suitable for the requested change to Neighborhood Commercial, allowing commercial/retail development. In addition, development within the subject tract should not negatively impact the surrounding properties nor harm the value of nearby properties. The zone change should not have a significant impact on traffic conditions in the area and utilities may support future developments. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request, from Medium Density Residential (R-2) to Neighborhood Commercial (NC). · Recommend to Council denial of this rezoning request from Medium Density Residential (R-2) to Neighborhood Commercial (NC). · Table this item for further consideration by the Commission. A Meeting of the La Porte Scheduled for WI D -~ @ ~ 0 \l([fm~~ I.. / APR () ~ 2007 II/II / .JI IE3Y --_____I L-"""....~~."..,~..~~1 Planning & Zoning Commission (Type of Meeting) Apri119, 2007 (Date of Meeting) to Consider Rezone Request (#R07-001) (Type of Request) I have received notice of the above referenced public hearing. I am in FA VO R of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: "Db lJ--"'t \r.)~",--\ "p\LU t. ~ l'I"'''"< ?(2.cr(6. ~~ '\ - '7>~, )..<.~N 5..\,c. ~A \ \ Name (please print) ~- )~~~~ Sign e "".9 l>lL L~4l""'\T Address ,",.. f --l-... ~ City, .State, ?ip 11511 'P1rfI"rr D Zone Change Request #R07 -002 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Site Plan E. Public Notice Response Zone Change Request #R07-002 Planning and Zoning Commission April 19, 2007 Estates General Commercial (GC) Low Density Residential (R-l) Low Density Residential (R-l) -1 & GC Summary: · The applicant is requesting rezoning of the subject property from Low-Density Residential (R-l) to General Commercial (GC). · Petro-Chern Refrigeration, Inc. owns lots 2 thru 6, block 1, Spencer Highway Estates (formerly Spenwick). · The building on lots 4 &5 was built prior to the annexation and shows split zoning. 1987 Zoning Map shows lots 2, 3, & 4 along Spencer Highway as the zoned General Commercial (GC), lots 5 and 6 along Montgomery Lane as Low Density Residential (R-l). · Pre-existing and non-conforming building at 9102 Spencer Highway extends up to the building line of lot 5 along Montgomery Lane. The business is already spread over lots 3 & 6. · Rezoning of these lots will consolidate all into one commercial reserve and would result in bringing some degree of conformity with the current ordinances. However, encroachment of building setbacks shall require action by the City's Zoning Board of Adjustment. · Commercial traffic or truck circulation shall be prohibited to the rear access along Montgomery Lane, a residential street in the adjacent subdivision. · Landscaping/screening and buffering mechanism shall be implemented to the south and east side of this tract adjacent to the abutting residential uses. In addition, staff will ensure that parking lot lighting shall be arranged so as to deflect lights away from any adjoining residential zone or from public right-of-way. Recommendation: · Staff recommends approval of the zone change request. Actions required by the Commission: · Recommend to Council approval of this rezone request from Low- Density Residential (R-l) to General Commercial (GC). · Recommend to Council denial of this rezone request from Low- Density Residential (R-l) to General Commercial (GC). · Table this item for further consideration by the Commission. *~Hl~ft'l\ " 1 ,w,;. ,.. , . i j l 1 ' . I I,J ! " ., j -. - ,'~ ~. e ~,. ~'t ,J t ~ ~ It 'J I ~ N W+E S -,.~ - . ~ - ..J " ".. .~ -.... ~~ M.- ---.~ - 41!1 ~ ,. ,. · /11 -~, 1i!1, .... j ...."~...L~s. ~fW.;-: ,.. ! ....J ... ill 1"".. Staff Report April 19, 2007 Zone Change Request #R 07-002 Requested by: Troy Tankersley, Owner's agent Requested for: Lots 5 and 6, Block 1, Spencer Highway Estates Location: 9109 Montgomery Lane Present Zonin2: Low Density Residential (R -1 ) Requested Zonin2: General Commercial (GC) Back2round: The property described above is currently zoned R-l (Low Density Residential). The applicant also owns lots 2 thru 4, block 1, Spencer Highway Estates facing Spencer Highway, zoned General Commercial (Exhibit A). The tract in question is occupied by a pre-existing non- conforming structure and storage used as special trade contractor's office. This facility was constructed prior to November 29, 1971. This is the date when Spencer Highway Estates (Spenwick Place) was taken into the City of La Porte (Ordinance 905). At the time of annexation, the property in question was assigned a zoning classification of R -1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. On January 26, 1987, as part of the comprehensive rezoning of La Porte, the property on lots 2,3, and 4, block 1 facing Spencer Highway was zoned general commercial. The comprehensive rezoning was in conjunction with the adoption of the City's present Zoning Ordinance (Chapter 106) of the Code of Ordinances and as an element of La Porte's Comprehensive Plan. Analvsis: The purpose for requesting the rezone is to allow addition to the building, improving the site in general, and consolidate the property with a single zoning designation. The facility has operated as a nonconforming structure since annexation. The applicant is seeking this rezoning as a means to alleviate a degree of nonconformity. If granted, this rezoning would render the building a conforming use in the general commercial zone but the structure will remain non-conforming. Zoning Board of Adjustment (ZBOA) action may address the non-conforming structure. In considering this request, Staff reviewed the following elements of the Comprehensive Plan: ~I~rr C #R 07-002 P&Z 4/19/07 Page 2 of3 Land Use - The City's Land Use Plan indicates this area developing with commercial uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria's to be considered in approving or denying a rezoning application. Other criteria may include: · Character ofthe surrounding and adjacent areas; · Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; · Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; · Extent to which the designated use of the property would harm the value of adjacent land use classifications; · Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; · Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, · The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. The best use review option by the applicant reveals that the subject site would be better served by the proposed rezone, which would blend into an existing use of property to the north. In addition, the applicant's existing business/operation is adjacent to this property along Spencer Highway. Transportation - The tract in question will have primary access along Spencer Highway. An arterial with a 100' right-of-way may accommodate the additional traffic generated by any additional development. The subject tract has an access along Montgomery Lane, a local residential street, where traffic shall be restricted for employees only. No truck circulation or any shipping/receiving operations shall be permitted to this end due to the adjacent residential district. Landscaping/screening techniques shall be adopted for buffering residential properties in the rear. Utilities - Public facilities are available to the property and are sufficient to handle the supply of potable water and fire protection in the area. Storm water drainage will be reviewed with the development site plan submittal for the proposed development. On-site detention shall be required to minimize the drainage impact on the surrounding properties. #R 07-002 P&Z 4/19/07 Page 3 of3 Conclusion! Recommendation: Staff, in reviewing the applicant's request, found it to be reasonable. The area in which the subject tract is located, based on the criteria established by the City's Comprehensive Plan, is suitable for either the present zoning or the requested general commercial. Based on the above issues, staff fmds the requested change conforms to the present zoning and uses of nearby properties. The tract in question is suitable for the requested change. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It would not have a significant impact on traffic conditions in the area and utilities would not be affected. Actions available to the Commission are listed below: · Recommend to Council approval of this rezoning request, from Low- Density Residential (R-l) to General Commercial (GC). · Recommend to Council denial of this rezoning request from Low- Density Residential (R-l) to General Commercial (GC). · Table this item for further consideration by the Commission Zone Change Request #R07 -003 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Site Plan E. Public Notice Response Zone Change Request #R07-003 Planning and Zoning Commission April 19, 2007 Location of Proposed Chan2e 9800 Block of Fairmont Parkwav Legal Description of Proposed Zoning 1.3 acres being out ofTR 719 and E Y2 ofTR 718, W. M. Jones Survey, A-482 Applicant Horace Leooard on behalf of SW, LLC., owner Present Zonin2 Planned Unit Development (PUD) Requested Zoning Neighborhood Commercial (NC) Acreage to be Rezoned 1.3 acres Surrounding Zoning North Planned Unit Development (PUD) East Neighborhood Commercial (NC) South Fairmont Parkway West Nei2hborhood Commercial (NC) Land Use Map Commercial Activity Prooosed CommerciallRetail Summary: · The applicant is requesting a rezoning of this property from Planned Unit Development (PUD) to Neighborhood Commercial (NC). · Purpose of zone change is to accommodate a development of a fast food restaurant and commercial/retail activities at the intersection of Underwood Road and Fairmont Parkway. · (Applicant cannot meet the minimum commercial project size of five (5) acres in PUD). · This property was a part of a General Plan and SCUP approved by City Council for the proposed development of an office park, which never materialized. · Recently, a site/General Plan and Special Conditional Use Permit was approved for a proposed nursing home on a 7 acre tract along Underwood Road, just south of Caniff Road. · The remainder 1.2628 acre subject tract is undevelopable in a PUD zone due to minimum acreage requirement. · The property is in the vicinity of mixed use developments, i.e. single- family, multifamily, and commerciaUretail. · The effect of the change should not have an adverse impact on the surrounding properties. · The overall impact on public services should be minimal. Recommendation: Staff recommends approval of the zone change request. If rezoned, the applicant should to consider the following provisions: · The property must be platted. · Number of driveways shall be limited along Fairmont Parkway. A Joint Access Easement is suggested for this commercial development. · Utility extension or detention/drainage will be the sole responsibility of the owner/developer. Actions required by the Commission: · Recommend to Council approval of this rezone request from Planned Unit development (PUD) to Neighborhood Commercial (NC). · Recommend to Council denial of this rezone request from Planned Unit Development (PUD) to Neighborhood Commercial (NC). · Table this item for further consideration by the Commission. lXHlt;lIT A " WICHITA DR ~ w z ~ 0.; SIOUX DR R-07 -003 N CHARMOI A WYE BARMONTDR S " c z ;:) " I- " W UJ W c RUSTIC GATE RD " C C o o 3: w ..J c.. < :!: D:: C I- Z o :!: D:: < C W U RUSTIC ROCK RD D:: C ~ ~ u o :I: U DRY SPRINGS DR SHELL ROCK RD CANIFF RO ROCKY HOLLOW RD FAIRMONT PKWY .- -:.. ~ ' " . . ... ... .. :: 11 I , ~18rr .3 Staff Report Zone Change Request #R 07-003 April 19, 2007 Requested by: Horace Leopard, Owner's agent Requested for: 1.3 ac out of8.2628 acres ofland, East ~ ofTR 718, 719 La Porte Outlots Location: 9800 Block ofFairmont Parkway Present Zonin~: Planned Unit Development (P.U.D) Requested Zoninl!: Neighborhood Commercial (NC) Bacwound: The property in question is approximately 8.2628-acre tract described as east ~ of TR 718, TR 719, and adjoining street out of La Porte Outlots, W.B. Lawrence Subdivision, out of the William M. Jones Survey, Abstract 482, City of La Porte, Harris County, Texas. The undeveloped tract is just south of Caniff Road at the northwest corner of Underwood Road and Fairmont Parkway. The property is strategically located in the vicinity of mixed-use developments, i.e. single-family residential districts, apartment complex, church, neighborhood commercial establishments, and the Bayport Industrial District of La Porte to the south ofFairmont Parkway. 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 development of an office park there. 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 has purchased the tract (only 7 acres) to develop a nursing home and a future senior assisted living facility. As the proposed development within the PUD zoning district requires a Special Conditional Use Pennit, the COlmnission reconnnended approval of the SCUP at the March 15,2007, meeting. Therernainder 1.3 acres tract is zonedPUD. Section 106-699 of the Code of Ordinances requires that the tract for which a PUD connnercial project is proposed shall contain not less than five acres. The applicant is requesting the rezone of this 1.3 acre tract from PUD to Neighborhood Commercial (NC) for commercial and other retail businesses. The applicant is seeking this rezoning as a means to market the property towards fast food restaurant and connnercial businesses. ....1J;Jff C #R07-003 P&Z 4/19/07 Page 2 of3 Analvsis: The neighborhood commercial classification is intended to provide for the establishment of local centers for convenient, limited office retail or service outlines which deal directly with the customer for whom the goods or services are furnished These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the other geographic areas. Some of the uses allowed in a Neighborhood Commercial District: Antique stores Hardware stores Doctors and dentists offices Parking Garages and Ramps Drugstores Personal services Eating places Professional offices Financial Recreational facilities Relationship to the Comprehensive Plan needs to be emphasized as much as possible. In considering this request, Staff has reviewed the applicable chapters of the Comprehensive Plan. These chapters include; land use, transportation, utilities, and redevelopment strategy. Land Use - The Land Use Plan indicates this area envisioned as developing for commercial uses along Fairmant Parkway. The tract in question is within the vicinity of residential/commercial establishments all along the major roads. Confonnance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying an application. Other criteria may include: · Character of the surrounding and adjacent areas; · Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; · Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; · Extent to which the designated use of the property would hann the value of adjacent land use classifications; · Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; #R 07-003 P&Z 4/19/07 Page 3 of3 Conclusion! Recommendation: · Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, · The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - Being located at the comer of Fairmant Parkway, a semi- controlled access highway and Underwood Road, a primary arterial road, this provides more than adequate accessibility for circulation of traffic and can easily accorrnnodate the traffic generated by the proposed uses. The private street off Underwood Road, serving the proposed fast food restaurant, shall be designed and constructed in conformance with the City Standards. Since traffic movement is the primary function of these arterial roadways, access management at this intersection would be essential. Driveways connecting directly onto these roadways should be minimized to avoid traffic congestion and other delays caused by turning movements for vehicles entering and exiting driveways. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area Provisions must be made to ensure that sufficient utility extensions can be made to serve this development. Storm water drainage issue will be reviewed with the individual site development. Based on the above issues, staff finds the requested change conforms to the zoning and uses of nearby properties. The tract in question is suitable for the requested change to NC making an environment conducive for business development. Development within the subject tract should not negatively impact the SWTOunding properties and should not harm the value of nearby properties. It would not have a significant impact on traffic conditions in the area and utilities would not be affected. Actions available to the Commission are listed below: · Reconnnend to Council approval of this rezoning request, from Planned Unit Development (PUD) to Neighborhood Conunercial (NC). · Reconunend to Council denial of this rezoning request from Planned Unit Development (PUD) to Neighborhood Commercial (NC). · Table this item for further consideration by the Conunission. 0B!23!2DBS 13;15 28147104S4 HORACE LEOPARD PAGE 02 "' ! 1 11 It \ I 11 II :11 \ I II II ! I \ I [ I I' II \ I II I , II I t f I II tl II II II - II 11 l t II II II \ I II II II ~ \1 r " ' ! I I R ~ \ I I U I II - - II ..::L..__________.__~__.__.II ---.--..---'7------ I II I ~1tlAttnd I ~ ori;~~;a I // '\ 11 /L-' u 1/ \ II / _;.'\\,)"/ II i /l.~ 1" / II ~ '.J . ~- 1MO-M iJ , -,.I'"if I If I Fairmon: Pa:i(wl'lY @ Underwood II Ls}'O'_<t I La Porttr. Texas II #3 , II I ~.... . ------ fr II ~ r-...- II f?'"~ I / It 'JI./ ' I IlL. ~~~l II,t I! rea.s, ~"'v I I U--_ - - !- . . - - - - - - - - . 7L- - - - - . 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Public Notice Response Special Conditional Use Permit #SCU07-004 Planning and Zoning Commission April 19, 2007 ment Estate & Present Zonin Designated Area Acreage Surrounding Zoning Planned Unit Development (PUD) Planned Unit Development (PUD) Planned Unit Development (PUD) Planned Unit Development (PUD) Summary: · The subject property is located at the northeast comer of McCabe Road at State Highway 146 adjacent to the Bay Forest Golf Course and south of Taylor Bayou. · The said parcel is part of a previously approved General Plan and Special Conditional Use Permit for the Lakes at Fairmont Greens, but with exception that future land plan be determined "single- family and commercial." · Since the land use has not been firmly established, the project requires a new Special Conditional Use Permit for development in POD. · The applicant is proposing 108 single-family residential (special lot line) lots. · The General Plan shows 50' wide public rights-of-way with 20' wide one-way alleys for main access to the residences. All proposed alleys are to be maintained privately. · The Commission meeting on March IS, 2007, considered a Preliminary Plat for Lakes at Fairmont Greens, Section 9. The project was not consistent with the General Plan and SCUP approved earlier by the City, therefore the developer withdrew the plat. · At this time, only the land use and general layout should be considered as it pertains to the stated tract. Recommendations: Actions required by the Commission: Should the Commission favorably consider the request, staff recommends approval of Special Conditional Use Permit #SCU07-004 with the conditions listed in the draft SCUP (see attached). · Recommend to Council approval of the General Plan and Special Conditional Use Permit #SCU07-004 with additional conditions. · Recommend to Council denial of the General Plan and SCU#07-004 · Table this item (General Plan and SCUP#07-004). · The Commission may also continue the public hearing to a future meeting. _~'uJ;in A CITY OF LA PORTE 604 West Fairmont Parkway La Porte, Texas 77571 (' "-'" 6) OF L~ P ,-',""r"',r-" r'\. ~ t: o ,,",, I\-J ,\ 'PP ~l,'-" I,J 0l -j i'-\, 1'4 \.,;) 1 inch equals 333.33 feet I I I J ~~' ;t;ffF-r~r . - Staff Report April 19, 2007 Lakes at Fairmont Greens (Sec.9) Special Conditional Use Permit #SCU 07-004 Request: Requested Bv: Requested For: Present Zonine:: Requested Use: Backe:round: Approval of a Special Conditional Use Permit (SCUP) and General Plan for a 108-units single-family development (special lot). This request is in addition to the existing SCUP #04-012 and General Plan approved for the development of Lakes at Fairmont Greens. 65 La Porte, Ltd., (Arete Real Estate & Development Corporation) 20:t acres ofland located in the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is located at the northeast comer of McCabe Road at State Highway 146. It is bounded on the east by the Taylor Bayou and Bay Forest Golf Course. On the north, it is adjacent to the Lakes at F airmont Greens, Section 1, a proposed single- family residential development surrounding Bay Forest Golf Course. Planned Unit Development (PUD) Single-Family Residential Development, special/zero lot line (l08 units) As per definition, single-family dwelling special lot means any residential lot for single-family purposes with an area of less than 6,000 square feet, but equal or greater than 4,500 square feet. Since this is a new concept for this City and within a PUD, the Staff focused on the merits of the concept presented and not on the definition of single-family development. Since the land use has not been firmly established, this tract requires a new Special Conditional Use Permit. The Arete Real Estate Co. and John Hettig submitted a General Plan and Special Conditional Use Permit SCU#03-002 for :t150 acres located at State High 146 just south of the Baypoint Townhomes and west of the Bay Forest Golf Course. 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 of the development, was approved in 2003 as a joint venture. Integrated into the plan was a land swap of 20+/- acre tract at the northeast comer of McCabe Road and S.H. 146. As a joint venture, it was envisioned that a land swap between the two developers would benefit the entire plan. With both the land swap and portion of the project held in abeyance, the current developer requested a new Special Conditional Use Permit #SCU04- 012 along with a new General Plan without the land swap or the multi- nHl~rr C L@FG, Sec.9 SCU07-004 April 19, 2007 Page 2 of6 Analvsis: family development. The new submittal was for a new General Plan, dated June 2004, for 411 lots and 18 Reserves on 135.4 acres. The existing General Plan excludes the 20+ acres of land adjacent to, and north of Section 5, south of Section 7 and bordering State Highway 146. During the April 21, 2005, meeting, the Commission granted a one-year time extension of the General Plan and SCUP for the Lakes at Fairmont Greens. The Planning and Zoning Commission, at the February 2, 2006 special called meeting, approved a Preliminary Plat of the proposed Lakes at Fairmont Greens, Section 1 Subdivision followed by approval of the Final Plat at the March 16, 2006, meeting. During the March 15, 2007, meeting, the Commission considered a preliminary plat for Section 9. The proposed land use and other provisions of the Planned Unit Development (PUD) require approval by the City. Earlier, the project was considered in light of the existing Special Conditional Use Permit and General Plan approved by both the Planning and Zoning Commission and City Council. Since, the intended development is a deviation of the approved General Plan and SCUP, the developer requested to withdraw the preliminary plat. Development in a PUD zoning district requires that a General Plan 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 authorize the applicant to . begin construction of the project. 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. The previously proposed multi-family development section at McCabe Road and State Highway 146, which consisted of 15 acres and a 1.5 acre tract reserved for commercial development has been deleted and marked for future land plan designation of single family and commercial development subject to approval by the City. The proposed project is now single-family (special lot line). · Streets, Access, & Layout - The layout shows public streets with 50'rights-of-way with 28' paved streets and 20' wide alleys with 12' of pavement to allow rear access to the home sites. Alleys will be one-way. One point of access is shown along frontage road of State Highway 146 L@FG, Sec.9 SCU07-004 April 19, 2007 Page 3 of6 and another along McCabe Road. Proposed access along State Highway 146 is subject to TxDOT driveway location criteria, traffic volume, and speed limitation along highways and will require TxDOT approval. The home sites are laid out on a special lot line concept. The plan shows building setbacks of 15' along all public streets as compared to 20' building setbacks under the normal zoning criteria outside of Planned Unit Development (PUD). The alley adjacent to the Taylor Bayou will have overlapping easements with 8' wide paving for a hike and bike trail, overlapping with 9' wide sanitary sewer easement between edge of the alley and top bank of the bayou. The maintenance will have to be coordinated and established between the City, the Public Infrastructure Department and the Homeowner's Association. · Topography - this area is relatively flat and stable and should not be an obstacle to this type of development. · Density - staff utilized the Land Use Plan as a guide. With the designated land use as low density residential and applying a development ratio of 6.0 units per acre to approximately 20 acres, this property may yield approximately 120 dwelling units. The current plan designates four blocks and 1 08 single-family residential lots, the density equals 5.4 dwelling units/acre. The plan shows the average lot size of 50'x 80' (4,000 sq. ft.), less than a minimum lot size of 4,500 sq. ft. permitted under the normal zoning criteria for single-family special lot line. The allowable lot coverage equals 60%, per Section 106-333, Table B, Residential Area Requirements. This development proposes a lot coverage range of 55% - 59%. · 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 service is not available to this site. As per City's master sewer plan for the area, extension of the Southeast Sanitary Sewer Trunk Main and Lift Station facilities are under construction through a Developer's Agreement and specifIcations prepared by the developer's engineer. The City has agreed to the construction and installation of an extension of its utility main to said property commencing at the nearest existing utility main of sufficient size and capacity. Given that this development is within TIRZ 1, the City is participating with the TIRZ on the said project. The developer is responsible for providing all on-site infrastructure or improvements to accommodate the subdivision water and sanitary sewer needs. The design and construction of all water and sewer systems shall be in conformance with the City's approved Public Improvement Criteria Manual (PICM). L@FG, Sec.9 SCU07 -004 April 19, 2007 Page 4 of6 · Drainage - The proposed development lies within the Taylor Bayou Watershed. The channel improvements will directly receive stormwater runoff from this development. 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. Protective covenants and restrictions should clearly delineate the responsibility and the maintenance of this reserve. · Parks and Open Space - The plan shows a few pocket parks and open spaces in and around the proposed development. Reserve A is restricted for open space, park, and recreation activities and shall be developed and maintained by the HOA. If approved, the City's Parkland dedications and fee will not apply and the development proposal should include in its protective covenants and restrictions that these areas are private and maintenance would be the responsibility of the Homeowner Association. · 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. Overall density may not be an issue, but there is a concern about maintenance of public services. Visitor parking is unknown and increase in traffic or number of parked cars along the public rights-of-way may contribute to the difficulty of monitoring the safety of the . development. These issues must be addressed in the developer's agreement. · Miscellaneous Issues - In this location and surrounding area, the Commission and the TIRZ have promoted development of a character and type that exceeds the typical development seen in the community. The particular location is at a primary gateway to La Porte. Building design standards need to be submitted to the City for review. · 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. · Pedestrian/bicycle trails - As per approved General Plan and SCUP for the Lakes at Fairmont Greens, the developer has incorporated 8' wide L@FG, Sec.9 SCU07 -004 April 19, 2007 Page 5 of6 pedestrian!bicycle trails along the north and eastern lines of the subdivision within 20' easement adjacent to the Taylor Bayou, with a connection through the pedestrian bridge. Staff suggests that width of the bridge should be consistent with the 8' wide hike and bike trails. A detailed drawing showing pedestrian!bicycle trails throughout the subdivision shall be submitted to the City prior to the final plat approval. Recommendation: While the project is a change to the Special Conditional Use Permit and General Plan earlier approved by both the Planning and Zoning Commission and City Council, through weeks of coordination staff believes that this project is ready for review by the Commission. If approved by the Commission, this SCUP allows: · The development is restricted to 108 units based on single-family special lot line/zero lot line parameters in the City's Code of Ordinances 106-333. · The driveway access on S.H. 146 must be approved by TxDOT. · Building setbacks of 15'in lieu of 20' along public street rights-of- way and lot areas of 4,000 sq. ft. · Lot coverage may range from 55% to 59%. · 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. · 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. · This project and the General Plan will need to conform to the priniciples and findings ofthe Taylor Bayou Watershed Plan. · 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 Homeowner Association. · 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. · Construct a sound barrier wall along with landscaping/open space consistent with the north development. · Ensure pedstrian access to trails system from within the development without entering McCabe Road right-of-way or SH 146. · Submit the Development Agreement, plat, covenatnts and restrictions etc. for the said subdivision. · Section 9 will be included within the Homeowners Association created for the adjacent singe-family development. L@FG, Sec.9 SCD07-004 April 19, 2007 Page 6 of6 · Consider a mixture of 3 and 4 bedroom units in consideration of the impact on LPISD. · Architecture of units must be approved by the City of La Porte. · 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. · Development requires landscaping of individual lots and tress in rear yards oflots along McCabe Road and State Highway 146. · Landscaping is required along the entire length of the development bordering McCabe Road. · Irrigation sytem shall be provided to allow establishment of all landscaping/ plant material. · Provide for school bus turnarounds and bus stops. · Ensure that planned amenities (parks, playgrounds and equipment, etc.) are constructed and maintained by the HOA. · Ensure adequate easements are provided to allow maintenance of the Taylor Bayou. · Verify width of the pedestrian bridge over Taylor Bayou is consistent with the hike and bike trails 8' wide. · Plans for the pedestrian, hike and bike trails shall be submitted to the City prior to the final plat approval. · Comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are as follows: · Recommend to Council approval of SCUP #07-004 and general plan. If approval is recommended, a draft SCUP is attached for the Commission's consideration. · Recommend to Council denial of SCUP #07-004 and the general plan. · Table SCUP #07-004 and the General Plan. · The Commission may also continue the Public Hearing to a future date. "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. (Arete 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 beina located in the W.P. Harris Survey. A-3D City of La Porte. Harris County. Texas Planned Unit Development (PUm Sinale-family residential (Special Lot Line) 1. The development is restricted to 108 units based on single-family residential special lot line/zero 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 must be approved 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 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 Homeowner 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. ~HI~!1 .0 13. Section 9 will be included within the Homeowners Association created for the adjacent singe-family development. 14. Consider a mixture 00 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 lots 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 Quality Inn & Suites Minor Development Site Plan Exhibits A. Staff Report B. Area Map C. Petition D. Site Plan Staff Report April 19, 2007 Development Site Plan Quality Inn & Suites Reauested Bv: Reauested For: Location: Zonin2: Back2round: Analvsis: Director of Planning, City of La Porte A 2.69 acre tract ofland, described as TR 13A-7, Abstract 482, W. M. Jones Survey, La Porte, Harris County, Texas. 11003 Fairmont Parkway General Commercial The applicant submitted a development site plan for proposed hoteVmotel near the intersection of Driftwood at Fairmont Parkway. It is a 3-story building with 85 rooms. The subject property is zoned general commercial and the proposed project is a permitted use per Section 106-441, Table A, Commercial Uses. Earlier submittal was administratively incomplete, so, the applicant was advised to submit plans as per site plan requirement and prescribed checklist. Subsequently, staff reviewed the development site plan and review letters were sent to the applicant accordingly. The site plan shows two driveways along Fairmont Parkway. The applicant has received driveway permits from Harris County pending drainage/detention system approval by the Harris County Flood Control District (HCFCD). Harris County' drainage criteria is 0.55 acre feet/acre for the development to be discharge into public storm sewer and 0.75 acre feet/acre for a pumped facility out falling into open ditch system. As, the development will be discharged to the open ditch along Fairmont Parkway, a pumped detention system is required for this development. Pumped detention will accommodate both hotel and adjacent shopping center along Fairmont Parkway at Driftwood Drive. Recently, the Fairmont Park East Homeowner's Association (HOA) voiced their concern regarding the location of the proposed hotel. · This is a minor development site plan for the proposed Quality Inn and Suites to be located along Fairmont Parkway.(Site plan attached) · The plan has been prepared by the applicant's engineer/architect as per guidelines of the site development plan. The Director of Planning can approve the minor development site plans per Section 2.03 of the Development Ordinance. However, the Planning and Zoning Commission is empowered to review the plan per Section 106-64 (2) of the Code of Ordinances. · Recently, the City has received a petition from the residents of the neighboring residential district, Planning and Zoning Commission is requested to consider review of the development site plan. :~If~ff A Quality Inn & Suites 4/19/07 - P & Z Meeting Page 2 of2 Conclusion/ Recommendation: · Commission may confer and advise adjoining property owners pertaining to the proposed location and erection of building in order to promote economic developments and general welfare of the community. The property is adjacent to low-density residential (R-I) district. Therefore, screening and/or buffering is required. Building setbacks are Front 20', Rear 20', and Sides 10'. Rear 20' area needs to be screened from view of adjoining residential buildings in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping/screening is shown along with the legend on the site plan. The applicant has deleted all lighting shown in the rear parking lot abutting residential uses. Staff suggests that no windows shall be allowed on second and third floor facing neighboring residences. The adjoining development is proposed to be a shopping center with one driveway along Fairmont Parkway and one along Driftwood Drive. Both the developments have mutual access easement or connectivity to promote economic activities at this intersection. Sidewalks are shown along both Fairmont Parkway and Driftwood Drive. The Commission may wish to decide if fence would be desired along the rear property line. Staff has reviewed the site plan and found it to be in compliance with the City's Development Ordinance. Staff recommends that the Director of Planning approve the site plan for the proposed Quality Inn and Suites to be located at 11003 Fairmont Parkway with the following conditions: · This site plan approval is specifically for the proposed hotel at this location. · Any expansion or enlargement of this facility shall be prohibited. · No windows shall be allowed on second and third floor facing neighboring residences. · Screening and/or landscaping adjacent to residential area 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 residential properties in compliance with Section 106-521 (a) ofthe Code of Ordinances. · Truck parking shall not be permitted. · Detention maintenance is the sole responsibility of the owner/developer. · The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Note: All the above conditions shall be stated on the site plan prior to the City approval. .. ., ..r .0..... .... '. .;... "~J::lj~:t;;,;; :VJ!l ....."..,,"'.>~... ""'- ~. .~ " ,. ~ -i - -' -- J ~ >', \l\ ~. f ......." .'- J N l+", )1...... w ~ E 1.; J ~ _'" S ':. ~ J. ....~~. ',. ....-. . lli.,.,;llI, ii';~ :. j!", I, j, i' f~ t ~ ... --t ... ~ {; ;~ I! ;. I~" . >'.:;'.,:"::~:,3::;r"''''''-~~':''~-" '" ..... -:...~4. 'fir,. " -, "..' ."'.,,- ....,,~-_...: - .- '", -~~!i'ilr",," _ , "".~.,~.1ii"""-~,.,, " . - . .. .. '.~ << " II ~ ~ ,ii lit .-- . :iXHlerr B . A\ /R MANAGEMENT . I \ V · CONSULTANTS,INC. 'r-' . . "" t.!. D. fE (~r;'.~.n nn' 17. c;.'W'-'\ I (JQ 1- <I ,f. j;=> ./' . --, !' .! ,; ; 1 o MAR 22 2007 ,It j UI By ~ March 20, 2007 City of La Porte Attn: Wayne Sabo Director of Planning 604 West Fairmont Parkway La Porte, TX 77571 Re: Proposed Motel on Fairmont ParkWay near Driftwood Dear Mr. Sabo, 1 am writing you on behalf of the Board of Directors for. the'Fairmont Park East Homeowners Associa~ion, Inc. The Board.has receiyed numerqus phone calls from homeowners who' are concerned ,withthe proppsed rilotelo~ the property that.bl,lclcsup to Section 5'ofFairmont Park Eastsubdiyision.' , " , ,-, I "...," The Board would like t6 inform you that these homeown~rs~are conceme~ about. the following i~sues: .. Security of their homes :," ,",,-_,'. ',_, ,- .' , '. _', ,I."..... - .. Height of building aild whether or not individuals can see in their backyards . Thetype~f guests that win be staying in the rooins . . . Resale, value of: their ,Q.om.es due to the motel being' in and around the neighborhood .' ~,,'- ,~', ~':'_:"':".c~"'l. '/>~':;'. ,~'_. > .,_' "~'"-.: .:':". ',.,c ~ " .. , If there is no chance of stopping th~motel from going in, 'please' think 'Of'some things, to do that would make it a little more friendlytot4e'homeowners(Le, lights not shinning ,on the homes, high wall between the motel and homes to increase privacy and security). ,','- " ) ~ " . , - . < . They. would like you and th& rest. ?fqty Council to take into consideration the .concerns of the 'taXpayers' in the'subdivision when it comes to approving this. proposed motel, '" '" . " . ShouM' you have any quest1ons, please contact me at, the number listed below or enial1 me at, cwinfield@avrmanagementcom. Sincerely, , F AIRMONT PARK EASTHOMEOWNERS' ASSOCIATION, INC. . '~"';"" . .."~Wfyitl'. ....'.....-,....... .... -' '. . ~ . . .. - ," . -.. , Cathy Winfield, CMCA, AM:S Manager. '. CAW/sa . . 12929 GULF FREEWAY, SUITE 320 -HOUSTON, TEXAS 77034 - (281)481-8062 -FAX (281)481~8099 ~1I'1T C PETITION TO EITHER STOP THE CONSTRUCTION OF A THREE 131 STORY MOTEL I ON THE PROPERTY FACING FAIRMONT BElWEEN DRIFlWOOD AND THE I PIPELINE EASEMENT OR IF TOO LATE TO STOP THIS CONSTRUCTION THEN I TO HAVE THE OWNER OF THIS PROPERTY INSTALL A CONCRETE WALL I SIMILAR TO THE ONES INSTALLED ALONG HIGH TRAFFIC FREEWAYS OR OTHER SUCH DEVICES AS WALL ACCOMPANYING TALL TREES TO PROVIDE PRIVACY AND SECURITY FOR THE RESIDENCE OF FAIRMONT PARK EAST AND THEIR CHILDREN AT THE CONSTRUCTION PROPERTY OWNERS EXPENSE. I - # I NAME ADDRESS PHONE DATE COMMENTlSI I 7J7lA ,;; ~Vl-O - - A' f~~~ l~;j ../ 1l~/~~1 ,:.- . , I j "'~; /U(( /j~~ ,. /f)/ / /, ~q "'---'" jJ A_ !9J ,v :;~.A---,.J,", ~-A hj ~-.-. - ___ /L /" r ~/ +rhA 0-/ ~-: <op ~ {, ~ ~; J .If fl" A 0/ ~ ' I ~_ P/ -/;) (} 7" ~~~ rH VI Q:'1 LA' Vy;__ --t:t:~ . - A_ -,'77. _ " " " '-"V ( - . -n~~ )!L UaJ, fl _ A' J.):f; ~ Ii ---;7.--1f - ~tI-~--- ~ M . j.j;JJ / --- Lf II --- s-C; / ~ ---- I PETITION TO EITHER STOP THE CONSTRUCTION OF A THREE (31 STORY MOTEL I ON THE PROPERTY FACING FAIRMONT BETWEEN DRIFTWOOD AND THE I I PIPELINE EASEMENT OR IF TOO LATE TO STOP THIS CONSTRUCTION THEN I I TO HAVE THE OWNER OF THIS PROPERTY INSTALL A CONCRETE WALL I SIMILAR TO THE ONES INSTALLED ALONG HIGH TRAFFIC FREEWAYS OR OTHER SUCH DEVICES AS WALL ACCOMPANYING TALL TREES TO PROVIDE PRIVACY AND SECURITY FOR THE RESIDENCE OF FAIRMONT PARK EAST AND THEIR CHILDREN AT THE CONSTRUCTION PROPERTY OWNERS EXPENSE. 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PETITION TO EITHER STOP THE CONSTRUCTION OF A THREE (3\ STORY MOTEL I ON THE PROPERTY FACING FAIRMONT BETWEEN DRIFTWOOD AND THE I I PIPELINE EASEMENT OR IF TOO LATE TO STOP THIS CONSTRUCTION THEN I TO HAVE THE OWNER OF THIS PROPERTY INSTALL A CONCRETE WALL T SIMILAR TO THE ONES INSTALLED ALONG HIGH TRAFFIC FREEWAYS OR OTHER SUCH DEVICES AS WALL ACCOMPANYING TALL TREES TO PROVIDE PRIVACY AND SECURITY FOR THE RESIDENCE OF FAIRMONT PARK EAST AND THEIR CHILDREN AT THE CONSTRUCTION PROPERTY OWNERS EXPENSE. I # NAME I ADDRESS PHONE DATE I?-? 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I~'U/;~ 38iq .~h/.\J00d f2~I-~Lt,;z-!qql 3P~D n y114e.r /fJ;lv[/('lN 3 "6tCl 45~ht!l'C k ~~1-~41,(q~ ~fklct COMMENTlSl Cell'. JrJ-qlZ-{-1ql~