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Home My WebLink About04-19-07 Regular Meeting and Public Hearing of the LP Planning and Zoning Commission Minutes of the Meeting -,,~.__.-.._,_.~.--,..---_. -_._------_.,.~~.__._,_.~..._._.....,--_._~...'--- --"-----_._,~-,,....- PLANNING AND ZONING COMMISSION MINUTES OF APRIL 19, 2007 Members Present: Pat Muston, Nick Barrera, Dottie Kaminski, Claude Meharg, Kirby Linscomb Jr., Doretta Finch and Les Bird (Alt 2) Members Absent: Hal Lawler (Alt 1) and Paul Berner Planning Director; Wayne Sabo, City Planner; Masood Malik and Planning Secretary; Shaye Bradley. City Staff Present: 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF MARCH 15, 2007, MEETING MINUTES. Motion by Nick Barrera to approve the Minutes of March 15, 2007. Second by Dottie Kaminski. The Motion carried. Ayes: Nays: Abstain: Barrera, Linscomb, Kaminski, Meharg, Muston, Finch and Bird. None None Chairperson Muston suspended the agenda to move to item #15 Review of the minor development site plan for proposed Quality Inn and Suites to be located at 11003 Fairmont Parkway. Chairperson Muston advised the Commission and the citizens that this item was not scheduled as a public hearing and that she was aware that there were several citizens in attendance that would like to speak regarding this matter. Planning Director, Wayne Saba presented staff's report. The applicant submitted a development site plan for proposed hotel/motel near the intersection of Driftwood at Fairmont Parkway. Recently, the Fairmont Park East Homeowner's Association (HOA) voiced their concern regarding the location of the proposed hotel. The city has received a petition from the residents of the neighboring residential district. Chairperson Muston allowed citizens to voice their concerns regarding the proposed Quality Inn & Suites. Dwayne Bosley, 3818 Ashwood Circle, addressed the Commission advising that he would like not to have a hotel backing his neighborhood. Mr. Bosley had a major concern of people loitering and the types of people that a hotel could bring to the neighborhood. Doug Bryant, President of the HOA, 10908 Spruce Drive, addressed the Commission in opposition of the hotel being built abutting this neighborhood. Mr. Bryant advised that he has received several phone calls from homeowners who were in opposition of the hotel being built behind their neighborhood for several different reasons. Mr. Bryant pleaded with the Commission that if there was anything that could be done to stop this hotel that the Commission would please consider it. Patricia Clark, 3817 Ashwood Drive, addressed the Commission in opposition of this development. Mrs. Clark advised the Commission that she had several concerns, but that her major concern was for the kids in the neighborhood. Mrs. Clark advised that she is a grandmother and she would not like to have to worry about her grandkids safety because of the people that this development may bring to the area. Mrs. Clark also Planning and Zoning Commission Minutes April 19, 2007 Page 2 of7 voiced concern that no matter how tall the privacy fence is, it would not be tall enough to prevent visitors of the hotel who were staying on the second or third level of the hotel from looking into the backyards of the residents. Michael Temple, 3810 Ashwood Circle, addressed the Commission in opposition of the development. Mr. Temple is very concerned about the drainage from the hotel. Mr. Temple advised that presently the streets do not drain as they should. He advised that this development may cause more drainage problems. Mr. Temple also addressed the issue of maintenance of the fence that would be between the neighborhood and the hotel. Mr. Temple strongly advised the Commission that should the development continue he would be putting his home up for sale. Mr. Sabo advised the Commission and the citizens that Staff has coordinated several of these issues discussed with the developer. Mr. Sabo also advised that staff will set another meeting with the developer to discuss concerns and mitigating factors. The Staff was directed to notify the Fairmont Park Homeowner's Association (Doug Bryant) by letter outlining additional steps to be taken to address the issues raised at the meeting. Mr. Sabo advised the Commission and the Public that the development is a permitted use in General. Commercial and, as such, cannot be denied if the development site plan fulfills all requirements established by ordinance. 3. .OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R07-001 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF FAIRMONT PARKWAY 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 COUNTY, TEXAS. THE APPLICANT, TOM CAUTHENS, AGENT, CITY OF LA PORTE (TRUSTEE), SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO NEIGHBORHOOD COMMERCIAL (NC). Chairperson Muston opened the public hearing at 6:48 p.m. A. STAFF PRESENTATION City Planner Masood Malik presented staffs report. Tom Cauthens (agent) has requested a rezone request to rezone the property from Medium Density Residential (R-2) to Neighborhood Commercial (NC). Notices of the public hearing were mailed to 31 property owners located within 200 feet of the subject property. No responses were received favoring or opposing this rezone request. Staff recommended approval of this rezone request from Medium Density Residential (R-2) to Neighborhood Commercial (NC). B. PROPONENTS There were none. C. OPPONENTS Planning and Zoning Commission Minutes April 19, 2007 Page 3 of7 John Martin, 9806 Willmont, addressed the Commission opposing this rezone request. Mr. Martin advised the Commission that the neighborhood abutting this property has issues with drainage and that further development of this property shall cause even more problems with flooding in the area. 4. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:58 p.m. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R07-001 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF FAIRMONT PARKWAY 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 COUNTY, TEXAS. THE APPLICANT, TOM CAUTHENS, AGENT, CITY OF LA PORTE (TRUSTEE), SEEKS TO REZONE THE PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (R-2) TO NEIGHBORHOOD COMMERCIAL (NC). Motion by Nick Barrera to recommend to City Council, approval of Rezone Request #R07-001 for the property located at the northeast corner of Fairmont Parkway at Willmont Drive to rezone the property from Medium Density Residential (R-2) to Neighborhood Commercial. Second by Kirby Linscomb. The Motion carried. Ayes: Nays: Abstain: Barrera, Linscomb, Kaminski, Meharg, Muston, and Finch. None None 6. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R07-002 REQUESTED FOR PROPERTY LOCATED AT 9102 SPENCI;R HIGHWAY, FURTHER DESCRIBED AS LOTS 5 AND 6, BLOCK 1, SPENCER HIGHWAY ESTATES, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, PETRO-CHEM REFRIGERATION INC., SEEKS TO REZONE THE PROPERTY FROM LOW DENSITY RESIDENTIAL (R~1) TO GENERAL COMMERCIAL (GC) FOR A PROPOSED ADDITION TO AN EXISTING BUSINESS. Chairperson Muston opened the public hearing at 7:00 p.m. A. STAFF PRESENTATION Mr. Malik presented staffs report. The applicant, Ken McGuyer c/o Troy Tankersley is requesting rezoning of the subject property from Low-Density Residential (R-1) to General Commercial (GC). Rezoning of these lots will consolidate all into one commercial reserve and would result in bringing some degree of conformity with the current ordinances. Notices of the public hearing were mailed to 12 property owners located within 200 feet of the subject property. No responses were received favoring or opposing approval of the rezone request. Staff recommended approval of the rezone request from Low-Density Residential (R-1) to General Commercial (GC). Planning and Zoning Commission Minutes April 19, 2007 Page 4 of7 B. PRONONENTS Jim Fox, of 4603 Fox Hill Lane, Pasadena, Texas, addressed the Commission advising that he is the attorney for the applicant and that this rezone request would be a great asset to his client. C. OPPONENTS No opposition was presented. 7. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 7:05 p.m. 8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R07-002 FOR PROPERTY LOCATED AT 9102 SPENCER HIGHWAY, FURTHER DESCRIBED AS LOTS 5 AND 6, BLOCK 1, SPENCER HIGHWAY ESTATES, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, PETRO-CHEM REFRIGERATION INC., SEEKS TO REZONE THE PROPERTY FROM LOW DENSITY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (GC) FOR A PROPOSED ADDITION AN EXISTING BUSINESS. Motion by Les Bird to recommend to City Council, approval of Rezone Request #R07-002 for property located at 9102 Spencer Highway to rezone the property from Low Density Residential (R-1) to General Commercial (GC) for a proposed addition to an existing business. Second by Kirby Linscomb. The Motion carried. Ayes: Nays: Abstain: Bemer, Barrera, Linscomb, Kaminski, Meharg, and Muston. None None 9. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REZONE REQUEST #R07-003 REQUESTED FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF UNDERWOOD ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS 1.3 ACRE TRACT OUT OF 8.2628 ACRES OF LAND AS TRS 719 & EAST % OF TR 718, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, A-482, LA PORTE. HARRIS COUNTY, TEXAS. THE APPLICANT, HORACE LEOPARD, SEEKS TO REZONE THE PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO NEIGHBORHOOD COMMERCIAL (NC). Chairperson Muston opened the public hearing at 7:09 p.m. A. STAFF PRESENTATION Mr. Malik presented staffs report. The applicant, Horace Leopard on behalf of Summer Winds LLC., seeks to rezone the property from Planned Unit Development (PUD) to Neighborhood Commercial (NC) to accommodate a development of a fast food restaurant and commercial/retail activities at the intersection of Underwood Road and Fairmont Parkway. Notices of the public hearing were mailed to 3 property owners located within 200 feet of the subject property. No responses were received favoring or opposing the rezone request. Planning and Zoning Commission Minutes April 19, 2007 Page 5 of7 Staff recommended approval of the rezone request from Planned Unit Development (PUD) to Neighborhood Commercial (NC). B. PRONONENTS There were none. C. OPPONENTS No opposition was presented. 10. CLOSE PUBLIC HEARING Chairperson Muston closed the Public Hearing at7:13 p.m. 11. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R07-003 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF UNDERWOOD ROAD AT FAIRMONT PARKWAY, FURTHER DESCRIBED AS 1.3 ACRE TRACT OUT OF 8.2628 ACRES OF LAND AS TRS 719 & EAST % OF TR 718, LA PORTE OUTLOTS, WILLIAM M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, HORACE LEOPARD, SEEKS TO REZONE THE PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO NEIGHBORHOOD COMMERCIAL (NC). Motion by Kirby Linscomb Jr. to recommend to City Council, approval of Rezone Request #r07-003 for property located the Northwest corner of Underwood Road at Fairmont Parkway to rezone from Planned Unit Development (PUD) to Neighborhood Commercial (NC). Second by Dottie Kaminski. The Motion carried. Ayes: Nays: Abstain: Berner, Barrera, linscomb, Kaminski, Meharg, and Muston. None None 12. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON GENERAL PLAN AND SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-004 FOR 20.119 ACRES OF LAND BEING TR 1 A-i, W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY 65 LA PORTE LTD. (ARETE REAL ESTATE AND DEVELOPMENT CO.) FOR DEVELOPMENT OF SINGLE-FAMILY (SPECIAUZERO LOT LINE) RESIDENTIAL IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONE. Chairperson Muston opened the public hearing at 7:15 p.m. A. STAFF PRESENTATION Mr. Sabo presented staff's report. The applicant, 65 La Porte Ltd., is proposing 108 single-family residential (special lot line) lots. This request is in addition to the existing SCU#04-012 and General Plan approved for the development of Lakes at Fairmont Greens. Planning and Zoning Commission Minutes April 19, 2007 Page 6 of? 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 There were none. C. OPPONENTS No opposition was presented. 13. CLOSE PUBLIC HEARING. Chairperson Muston closed the Public Hearing at 7:36 p.m. 14. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING GENERAL PLAN AND SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07..Q04 FOR 20.119 ACRES OF LANDIN THE W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, AS REQUESTED BY 65 LA PORTE LTD. (ARETE REAL ESTATE AND DEVELOPMENT CO.) FOR DEVELOPMENT OF SINGLE-FAMILY (SPECIAUZERO LOT LINE) RESIDENTIAL IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONE. Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit SCU#07 -004 for 20.19 acres of land for development of single-family (speciaVzero lot line) residential in the Planned Unit Development (PUD) Zone. Second by Claude Meharg. The Motion carried. Ayes: Nays: Abstain: Berner, Barrera, linscomb, Kaminski, Meharg, and Muston. None None 15. REVIEW OF THE MINOR DEVELOPMENT SITE PLAN FOR PROPOSED QUALITY INN AND SUITES TO BE LOCATED AT 11003 FAIRMONT PARKWAY. The agenda was suspended by Chairperson Muston and this items was discussed before the rezone request. 16. ADMINISTRATIVE REPORTS Wayne Sabo · The Economic Development position has been filled with Gretchen Black. Ms. Black will be a great asset to the City of La Porte. · The Planning and Zoning meeting for May will be held on May 22,2007. Masood Malik · The Public Hearing signs were posted for the first time since the ordinance has been passed, for the April meeting. Planning and Zoning Commission Minutes April 19, 2007 Page 7 of7 17. COMMISSION COMMENTS There were none. 18. ADJOURN Chairperson Muston adjourned the meeting at 7:50 p.m. Submitted by, ~ _~ . D~ Peggy Lee ~ .~ t"" "- Secretary, Planning & Zoning Commission day of ~ ,2007. Pat Mus n Chairperson, Planning and Zoning Commission Lakes at Fairmont Greens, Sec. 9 Preliminary Plat Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Preliminary Plat Lakes at Fairmont Greens, Section 9 - Preliminary Plat Planning and Zoning Commission May 22, 2007 Applicant 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 UD Lakes at Fairmont Greens, Section 9 20.119 acres North Planned Unit Development (PUD) East Planned Unit Development (PUD) South Planned Unit Development (PUD) West Planned Unit Develo ment (PUD) Residential Sin le-Famil residential 0 lot line Present Zonin Project Name Acreage Surrounding Zoning Summary: · The Lakes at Fairmont Greens, Section 9, has an approved General Plan and Special Conditional Use Permit #SCU07-004. The current submittal is a Preliminary Plat for Section 9. · The subject property is located at the southeast comer of the 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, proposed driveway along SH 146 requires approval by TxDOT · The water is available along easterly right-of-way line of SH146. Sanitary sewer service is under construction at this time. · The layout for drainage and detention would be in accordance with the Taylor Bayou Watershed Plan and through conveyance directly outfalling into the Taylor Bayou. · Landscape, utilities and soundwall reserves are located along SH 146. Recommendation: Staff reviewed the preliminary plat and found it to be 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: · Final Plat and Construction drawings shall indicate all infrastructure and site drainage improvements to ensure adequate capacity and proper site drainage with minimal impact on the surrounding properties. · Developer is responsible for installation of sidewalks along both sides of all right-of-ways within the subdivision. · Furnish acceptance letter for drainage and sanitary sewer/lift station easement shown adjacent to the Taylor Bayou. · Fencing and sound wall maintenance/repair responsibility shall be stated in the covenants and deed restriction to be approved by the City. · Submit the development Agreement, Covenants, Conditions, and Restrictions (CCRs) for the said subdivision. Options available to the Commission are as follows: · Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the final 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. ~I~n .A CITY OF LA PORTE 604 West Faill1'1<>>'lt Parkway La Porte. T~lxas TIS71 9 1 inch equals ~~u~n J Staff Report May 22, 2007 Preliminary Plat Lakes at Fairmont Greens, Section 9 Request: Requested Bv: Requested For: Present Zoning: Requested Use: Background: 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. Ibis 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 Highway146. 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#07-004 for proposed development to be located at SH 146 and McCabe Road. The General Plan proposes 4 blocks, 108 single-family special/zero residential lots, and five reserves for open space, recreation & utilities, and landscaping/sound wall purposes. The La Porte Planning and Zoning Commission on April 19, 2007, considered a Special Conditional Use Permit #SCU07-004, for the proposed development of Lakes at Fairmont Greens, Section 9 and recommended approval to City Council. The subject item is on the agenda for City Council at the May 21, 2007, meeting. IXHlarr c Lakes @FG, Sec.9 May 22, 2007 Page 2 of 4 Analvsis: 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 uses. Previous General Plan shows this subject tract (Parcell 0) as land plan to be determined "single-family residential and commercial development". The proposed project is now single-family homes as special or zero lot line. The intended development is in compliance the approved SCUP and General Plan for Lakes at Fairmont Greens. . Streets, Access, & Layout - State Highway 146 and McCabe Road provide access to the proposed site. Along SH 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 proposed layout shows public streets with 50'right-of- way (ROW). One point of access is shown along frontage road of SH 146 and another along McCabe Road. Proposed access along State Highway 146 is subject to approval by TxDOT per driveway location criteria, traffic volume and speed limit along highways. 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 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 15' front building line with 20' alley in the rear for primary access. A note should be placed on the face of the plat that 20 wide alleys shall be used for vehicular service access to the back ofthe properties and its maintenance is the sole responsibility of the developer/homeowner'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, sanitary sewer trunk main is under construction. Lakes @FG, Sec.9 May 22, 2007 Page 3 of 4 . 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, which will be delegated a Developer's Agreement with the owner/developer of 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's Association or PID. The developer may submit a park plan to the City for approval, showing the playground equipment that will be installed in the proposed park. · 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. · Fencing & Sound Wall - The proposed subdivision abuts the Bay Forest Golf Course and the Taylor Bayou on the East. The sound wall shall be erected in the reserve along the State Highway 146. In addition, the maintenance/ repair costs shall be assumed by the Homeowner's Association, and this must be stated in the document to be submitted with the Final Plat of the subdivision. Recommendation: The project seems to be consistent with the Special Conditional Use Permit and General Plan approved by both the Planning and Zoning Commission and City Council. Staff recommends approval of the Preliminary Plat. Should the Commission wish to approve the Preliminary Plat in its present format, staff recommends the following: · Final Plat and Construction drawings shall indicate all infrastructure and site drainage improvements to ensure adequate capacity and proper site drainage with minimal impact on the surrounding properties. · Developer is responsible for installation of sidewalks along both sides of all right-of-ways within the subdivision. Lakes @FG, Sec.9 May 22, 2007 Page 4 of 4 . Furnish acceptance letter for drainage and sanitary sewer/lift station easement shown adjacent to the Taylor Bayou. · Fencing and sound wall maintenance/repair responsibility shall be stated in the covenants and deed restriction to be approved by the City. . Submit the Development Agreement, Covenants, Conditions, and Restrictions (CCRs) for the said subdivision prior to the Final Plat submittal. 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. Workshop A. Hotel/Motel B. Main Street District Uses Staff Report May 22, 2007 Hotels/Motels in General Commercial Zoning Districts Workshop Back!!round: At the April 19, 2007, Planning and Zoning Commission meeting, residents of the Fairmont Park East Homeowner's Association expressed concern over the location of the proposed hotel/motel at 11003 Fairmont Parkway near Driftwood adjacent to Section 5 of the Fairmont Park East Subdivision. These concerns prompted the Planning and Zoning Commission and Staff to review current ordinance requirements pertaining to hotels/motels located in General Commercial (GC) zoning districts when adjacent to residential zones within the City. Analvsis: Section 106-441. Table A, Commercial Uses, of the Code of Ordinance permits Hotels and Motels with SIC Code# 7011 (Industry Group No. 701) within General Commercial zoning districts (copy attached). Currently, when commercial property is adjacent to a Low-Density Residential (R-l) district, a screening and/or a landscaping and buffering mechanism are required. When adjacent to residential uses, building setbacks are front 20', rear 20', and sides 10'. In accordance with Section I 06-444( a) of the Code of Ordinances, the 20' rear setback area requires screening from view of adjoining residential buildings. Landscaping/screening should make an opaque fence with plant height reaching at least 8' within two years from the time of planting. Approving Authority - Section 2.03 of the Development Ordinance stipulates the Director of Planning is the approving authority for minor development plans. Section 106-64 (2) of the Code of Ordinances allows the Commission to make changes in, additions to, and extensions of such plans. Conclusion: Staff recommends the Commission consider the following measure to avoid future problems with developments of this nature when adjacent to residential zones: . Add Footnote 4 to the Code of Ordinances Section 106-441, Table A, Commercial Uses, prohibiting hotels/motels in General Commercial (GC) zones, when adjacent to residential uses. .~ ZONING S 106-441 / Uses (SIC Code #) Zones CR NC GC MS Communications (481-489) * * P P Convenience stores (5411) * P P P Credit agencies (611-616) * * P P Dog grooming * * P(H) P Drugstores (591) * P P P Eating and drinking places (5813) C * P P Eating places (5812) C P P P Electric, gas and sanitary services (491, 4923, 493, * P P P 494, 4952) Engineering, architectural, accounting services (871- * P P '. P 872) Food stores, general (541, 542, 544, 545, 549) * * P P Freestanding on-premises signs. See article VII of this chapter Governmental and public utility buildings (911- C * P P 922, 9631, 4311) Grocery, fruit and vegetable stores (542, 543) * P P P Hardware stores (525) * P P P Home furnishing stores (571-573) * * P P Hotels and motels (701, 7032, 704) C * P P Hospitals, laboratories (806-809) * * P C Insurance, real estate, legal, stock and commodity * P P P brokers, agents (641--679) Laundry (plants) (7216-7219) * * P * Membership organizations (861-869) * * P C Miniwarehousing (4225) * * C * Misc. retail (592, 593, 5948, 596--599, 5399) C * P P Misc. repair services (762-764) * P P P Misc. shopping (5941-5947, 5949, 5992-5994) C P P P Misc. shopping (5995, 5999) C * * P Motion picture theaters (7832) * * P P Museums, art galleries (841-842) C * P P Offices for doctors, dentists, etc. (801-805) * P P P Passenger transportation (411-415) * * P P Personal services (7211-7215, 722-729) * P P P Recreational buildings and community centers C P P P Reproduction, photography, and cleaning services * P P P (733-734) Repair services (7699) (except tank truck cleaning) * * P P Retail bakeries (546) * P P P Securities and insurance (621-639) * * P P '......_" Supp. No. 12 CD106:59 S 106-441 LA PORTE CODE (~ Uses (SIC Code #) Zones CR NC GC MS Service stations (554) * P P Service stations, excluding truck stops (554) C * P P Underground pipelines (461) * P P P Veterinary services (0742) * P P P Video rental and sales shop * P P P Parking ramps and structures C P P C Commercial PUD (Refer to section 106-636) * C C C Outdoor sales as a primary or accessory use * * P(C, G) P Outdoor storage as a primary or accessory use C * PCB) P Off-site parking C C C C Off-street loading C C C C Joint parking C C C C Drive-in or drive through facilities as an accessory C C C C or principle use Kennels, boarding (0752) * *. C C Kennels, breeding (0279) * * C C Unlisted uses, similar to uses listed above C C C C ( \ 1 Within the overlay portion, residential activities are only allowed above the first floor. 2 Refer to chapter 10 ofthis Code. (Must be at least 300 feet from church, school or hospital.) 3 Single family detached prohibited ill'main street overlay zone, but permitted in main street district. (Ord. No. 1501-JJ, S 7, 10-14-02; Ord. No. 1501-AAAA, g 6, 10-11-04; Ord. No. 1501-MMMM, S 6(Exh.F), 4-25-05) Sec. 106-442. Interpretation and enforcement. Property uses, except as provided for by section 106-441, Table A, are prohibited and constitute a violation of this chapter. ( \ \, Supp. No. 12 CD106:60