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HomeMy WebLinkAbout06-21-07 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF JUNE 21, 2007 Members Present: Pat Muston, Dottie Kaminski, Paul Berner, Nick Barrera, Doretta Finch, Claude Meharg, Hal Lawler (Alt 1), and Les Bird (Alt 2) Members Absent: Kirby Linscomb Jr. Planning Director, Wayne Sabo~ City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary Peggy Lee City Staff Present: 1. CAll TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF MAY 22,2007, MEETING MINUTES. Motion by Dottie Kaminski to approve the Minutes of May 22,2007. Second by Paul Berner. The Motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler None None 3. CONSIDER FINAL PLAT FOR PORT CROSSING, SECTION I. City Planner Masood Malik presented staffs report The applicant has requested Final Plat consideration for Port Crossing, Section I, which consists of approximately 12 acres in the Port Crossing business/industrial park along S. 16th Street (Powell Road). Preliminary Plat approval was granted January 19, 2006. The Final Plat was approved on March 16,2006; however the plat was never recorded. Russell Plank, the applicant, answered questions from the Commission. Motion by Paul Berner to approve the Final Plat for Port Crossing, Section I with the provision that the approved SCUP, General Plan, and Development Agreement be applied to the entire project. Second by Hal Lawler. The Motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler Nayes: None Abstain: None 4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-005 FOR 5.914 ACRES OF lAND BEING RESERVE "C3" OUT OF 206.990 ACRES OF lAND lOCATED SOUTH OF STATE HIGHWAY 225 ALONG OLD UNDERWOOD ROAD, IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, lA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY CLAY DEVELOPMENT AND CONSTRUCTION, INC. FOR DEVELOPMENT OF CDC SPEC. BUilDING 18 WITHIN THE UNDERWOOD BUSINESS PARK. Chairperson Muston opened the public hearing at 6:08 p.m. A. STAFF PRESENTATION Mr. Malik presented staff's report. Danny Martin, on behalf of Clay Development and Construction, Inc., has requested a special conditional use permit to develop an office / Planning and Zoning Commission Minutes June 21, 2007 Page 2 of6 warehouse facility known as CDC SPEC Building #18 in Reserve C3 of the Underwood Business Park located at 10053 Porter Road off old Underwood Rd. No responses were received from the four notices of the public hearing mailed to property owners located within 200' of the subject site. B. PROPONENTS There were no proponents. C. OPPONENTS There were no opponents. 5. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:14 p.m. 6. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU07-005 FOR 5.914 ACRES OF LAND BEING RESERVE "C3" OUT OF 206.990 ACRES OF LAND LOCATED SOUTH OF STATE HIGHWAY 225 ALONG OLD UNDERWOOD ROAD, IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY CLAY DEVELOPMENT AND CONSTRUCTION, INC. FOR DEVELOPMENT OF CDC SPEC. BUILDING 18 WITHIN THE UNDERWOOD BUSINESS PARK. Motion by Nick Barrera to recommend to City Council, approval of Special Conditional Use Permit #SCU07 -005 for development of an office / warehouse facility known as CDC SPEC Building #18 in Reserve C3 of the Underwood Business Park located at 10053 Porter Road off old Underwood Rd with the following conditions: . This Special Conditional Use Permit is not applicable to any other specific development anticipated or proposed by the General Plan. . This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. . Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office/ warehousing facility. . A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. . Provide detailed landscape and screening plans during site plan submittal. . Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. · The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Paul Berner. The Motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler Nayes: None Abstain: None Planning and Zoning Commission Minutes June 21, 2007 Page 3 of6 7. OPEN PUBLIC HEARING TO CONSIDER REPLA T OF RESERVE "E" PORT CROSSING, LOCATED ALONG STATE HIGHWAY 146. Chairperson Muston opened the public hearing at 6:17 p.m. A. STAFF PRESENTATION Mr. Malik presented staff's report. The applicant, Russell Plank, for Port Crossing Land, L.P., has requested a replat of 23.89 acres of land for Reserves "En and "Fn of Port Crossing. The Final Plat for Port Crossing was approved by the Planning & Zoning Commission on December 14, 2006. The replat was requested due to a revision in the amount of detention required for the site. The initial drainage volume calculations prepared by the project engineer and the Harris County Flood Control District were determined to be too high and were subsequently reduced. Of the six public hearing notices mailed to property owners located within 200' of the subject tract, one response was received in favor of the replat. B. PROPONENTS Russell Plank, the applicant, was available for questions. Mr. Plank invited Commission Members to stop by the project and see the progress to date. C. OPPONENTS No opposition was presented. 8. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:24 p.m. 9. CONSIDER APPROVAL OF THE REPLAT FOR PORT CROSSING, RESERVE "E". Motion by Nick Barrera to approve the Replat for Port Crossing, Reserve "En with the plat not to be released for recordation until completion of the following: . Add a notary acknowledgement for the lienholder's subordination agreement on the plat. . Furnish a copy of the title certificate. . All signatures required on the plat shall be obtained prior to formal recordation. Second by Paul Berner. The Motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler Nayes: None Abstain: None 10. OPEN PUBLIC HEARING TO CONSIDER REPLAT FOR GRY SUBDIVISION LOCATED ALONG UNDERWOOD ROAD AT SPENCER HIGHWAY. Chairperson Muston opened the public hearing at 6:26 p.m. A. STAFF PRESENTATION Mr. Malik presented staff's report. Ybarra Investments, Inc. has requested a replat for property known as Underwood Plaza at 2627 Underwood Road. A plat of three lots and one block was approved on February 8, 2005. With this replat, two lots are being added for future commercial purposes. Planning and Zoning Commission Minutes June 21, 2007 Page 4 of6 Of the six public hearing notices mailed to property owners located within 200' of the subject site, one response was received in favor of the request. B. PROPONENTS Carlos Smith, engineer for Gilbert Russell Ybarra (GRY), addressed the Commission. Mr. Smith concurred with the items noted by staff's review of the replat. In addition, he added there is an existing ingress/egress easement on the west side adjacent to Walgreen's that will be abandoned and replaced with a 24' wide ingress/egress easement that will be added on the property line between lots 5 and 6 to include lot 4 along Spencer Highway. Staff had no objection to Mr. Smith's addition. Kevin Carroll, with Gringo's Restaurant, addressed the Commission. Mr. Carroll was hoping to expedite the replat as they are working with a buyer for Lot 5. C. OPPONENTS There were none. 11. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing. 12. CONSIDER APPROVAL OF THE REPLAT FOR GRY SUBDIVISION. Commission Members wanted the opportunity to see the Replat again with the changes as stated by Mr. Smith, prior to making a decision. Motion by Paul Berner to table the public hearing for the Replat of GRY Subdivision to the July 19, 2007, meeting of the Commission to be held at the City Hall Council Chambers located at 604 W. Fairmont Parkway at 6:00 p.m. Second by Nick Barrera. The Motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler Nayes: None Abstain: None 13. OPEN PUBLIC HEARING TO CONSIDER REPLAT OF OUTLOTS 692 AND 693, LA PORTE OUTLOTS (TO BE KNOWN AS DAWSON SUBDIVISION) LOCATED ALONG CANADA ROAD. Chairperson Muston opened the public hearing at 6:42 p.m. A. STAFF PRESENTATION Mr. Malik presented staff's report. The applicant, Kenneth P. Dawson, on behalf of Texas Cargoways, Inc. has requested a replat of 6.92 acres in the 3300 block of Canada Road, to be identified as Restricted Reserve A in the Dawson Subdivision. The Development Ordinance allows replats of this size to be approved by the Director of Planning; however the Director opted to bring this replat to the Commission for their consideration. No responses were received from the 15 notices of public hearing mailed to property owners located within 200' of the subject tract. B. PROPONENTS Planning and Zoning Commission Minutes June 21, 2007 Page 5 of6 Angie Shelton, with Land Surveying, Inc., stated the replat is necessary because the current owners are under contract to sell the portion being replatted and securing the replat is one of the conditions of the sale. C. OPPONENTS There were none. 14. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:48 p.m. 15. CONSIDER APPROVAL OF THE REPLAT FOR OUTLOTS 692 AND 693, LA PORTE OUTLOTS. Motion by Nick Barrera to approve the Replat of Outlots 692 and 693 in the 3300 block of Canada Road, to be identified as Restricted Reserve A in the Dawson Subdivision, with a statement on the plat showing sidewalk installation is required by the owner. Second by Dottie Kaminski. The motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler Nayes: None Abstain: None 16. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, RELATED TO THE PLACEMENT OF HOTELS AND MOTELS WITHIN GENERAL COMMERCIAL (GC) ZONING DISTRICTS ADJACENT TO RESIDENTIAL ZONED PROPERTY. Chairperson Muston opened the public hearing at 6:50 p.m. A. STAFF PRESENTATION Wayne Sabo, Planning Director, presented staffs report. Staff had been directed by the Planning & Zoning Commission to research the use of hotels/motels in General Commercial zoning districts when adjacent to the residential zoning districts. This matter was discussed in a workshop with the Commission on May 22.2007. After research on the subject and comparing requirements of other cities in the area, staff developed several options for the Commission to consider: 1. Add a footnote (No.4) to Table A, that the hotel/motel use is "Conditional" in the General Commercial (GC) zones, when adjacent to residential uses; or 2. Apply additional yard setbacks (footnote #8) to Table S, commercial area requirements, when adjacent to residential uses: a) Minimum of 20' of open space adjacent to perimeter edges of the development. b) Hotels/motels shall be setback a minimum of 100' from the residential property line. c) No secondary access shall be permitted off any residential street. Staff recommended the Commission consider the first option, which would be to change the hotel/motel use to "Conditional" in the General Commercial (GC) zones, when adjacent to residential uses. Planning and Zoning Commission Minutes June 21, 2007 Page 6 of6 B. PROPONENTS There were none. C. OPPONENTS There were none. 17. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 7:00 p.m. 18. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES CHAPTER 106, RELATED TO THE PLACEMENT OF HOTELS AND MOTELS WITHIN GENERAL COMMERCIAL (GC) ZONING DISTRICTS ADJACENT TO RESIDENTIAL ZONED PROPERTY. Motion by Hal Lawler to recommend to City Council, an amendment to the Zoning Ordinance by amending the Code of Ordinances Chapter 106, to change hotel/motel uses to "Conditional" in the General Commercial (GC) zones, when adjacent to residential uses. Second by Dottie Kaminski. The Motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Meharg, Muston, Lawler Nayes: None Abstain: None 19. COMMISSION COMMENTS Chairperson Muston mentioned an article she read in the Houston Chronicle pertaining to detention ponds. Included in the article were various ways detention ponds are becoming amenities when they contain elements such as fountains, fish, and plants. When asked about Main Street, Mr. Sabo reported that the discussion concerning changes to the allowable uses within the Main Street District has been postponed to give the Main Street Advisory Board an opportunity to address concerns voiced by some of the property owners. 20. ADJOURN Motion to adjourn by Paul Berner. Second by Doretta Finch. The meeting adjourned at 7:12 p.m. Peg y L Secretary, Planning & Zoning Commission TJ;/"lhiS ;:;{q patMus~ Chairperson, Planning and Zoning Commission day of -% 2007. GRY Subdivision Replat Exhibits A. Staff Report B. Area Map C. Replat Staff Report July 19, 2007 Replat for GRY Subdivision ReQuested Bv: Ybarra Investments, Inc., property owner ReQuested For: Lot 10, Block 2, W. 1. Payne Subdivision, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Location: 2627 Underwood Road Present Zoning: General Commercial (G.C.) Background: The Planning and Zoning Commission held a public hearing at the June 21, 2007, meeting, for the subject replat and tabled the item due to the last minute changes indicated by the project engineer during the public hearing. The current submittal shows the changes made as stated and is submitted for the Commission's consideration. The property in question is known as Underwood Plaza consisting of a shopping center and a restaurant along Underwood Road near Spencer Highway. This 7.0194 acre tract is part of the W. J. Payne Subdivision as recorded in Volume 384, Page 161 of the Harris County Map Records. On February 8, 2005, a plat of this subdivision was approved for creating three lots and one block. The applicant has submitted this replat showing one block and 6 lots. Lot 1 has 25' wide ingress/egress easement to serve lot 4, a 4.111 acre tract to the east of the shopping center. Lots 2 & 3 are reserved for an existing shopping center and a restaurant along Underwood Road. Lots 5 and 6 have been added to this subdivision for future commercial purposes. Building lines and utility easements are shown to confirm proper alignment on the adjoining properties. The property will still be identified as a commercial subdivision. Analvsis: Under the terms of Section 4.07 of Development Ordinance1444, a replat of all or a portion of a subdivision may be released for recordation and deemed valid and controlling when the following conditions have been satisfied: . The plat has been signed and acknowledged by only the owners of the particular property, which is being replatted or resubdivided. This requirement has not been satisfied. . The replat does not attempt to alter, amend, or remove any subdivision covenants or restrictions. No subdivision covenants or restrictions are in effect. ~Bn 1\ Replat for GRY Subdivision 7/19/07 - P & Z Meeting Page 2 of2 . There is compliance with Sections 212.014 and 212.015 of the V.T.C.A. Local Government Codes. These are the sections of State Law dealing with platting and replatting. These provisions have been satisfied. . The replat has been approved by the Commission after being prepared and filed as though it were an original plat as specified in Section 4.04 of the Development Ordinance. Staff fmds the replat document meets applicable ordinance requirements. . All expenses incurred by the City or the subdivider in the replat process shall be borne by the subdivider, including the cost for notice of public hearing. This requirement has been satisfied. Land Use: Review of the City's Land Use Plan indicates this area is envisioned as developing for commercial use. The proposed project shall be primarily for commercial uses permitted per Section 106-441, Table A, of the Code of Ordinances. Access Management & Layout: Spencer Highway, a 100' right-of-way, is a primary arterial! access highway. Since traffic movement is the primary function of this arterial roadway, access management is essential. Staff and the developer need to work on restricting the driveway access of all commercial lots that front on Spencer Highway. Therefore, a 28' shared access easement (ingress & egress) is shown between lots 5 and 6 along Spencer Highway. In addition, existing drive to the southeast corner along Spencer Highway shall be removed. Sidewalks - Section 5.02 of the Development Ordinance addresses the need for sidewalks, where required by the Comprehensive Plan or by the Commission. For recent developments in this area, the Commission chose to require sidewalks. In keeping with this standard, sidewalks shall be installed along Spencer Highway with the development of lots 5 & 6. A note is placed on the face of the plat. Conclusion: Staff finds the requested replat of Part of Lot 10, Block 2, W. J. Payne Subdivision, satisfies applicable provisions of State Law and City Ordinance. Staff recommends approval with the condition that the plat not be released for recordation until all the required signatures are noted. N W+EI s , ~. ~.\ , a,~ . 11>t .. ~ .... c c::: c o o ~ w C Z ..;:) ... . .$ ':1 .... " . ",. ..... ~ 1M: . ~ij~ :. ~. """:4> . , .- -. -:i.~;.t-.. ~/~--- i;~ LOCATION of GRY SUBDIVISION - - ... -I' .l/l'f '~"'"'''''''' -..-. SPENCER HWY ... .. lilt - 1 " , UHIBIT H " Special Conditional Use Permit #SCU07-006 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Sketch Plan Special Conditional Use Permit #SCU07-006 Planning and Zoning Commission July 19, 2007 Location of ProDosed DeveloDment 602 State Highway 146 South Legal Description Lots 1-8, TRS 25-32, Block 122, and 16' wide portion of alley between the lots, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Applicant Sally Williams Present Zoning General Commercial (GC) Acreage 0.76 acre Surrounding Zoning General Commercial (GC) Land Use Plan Commercial Activitv Pro Dosed Equipment Rental & Leasinl! Summary: . Applicant is requesting a Special Conditional Use Permit for developing heavy construction equipment rental and leasing facility along State Highway 146. . The property is located at the southwest comer of West E Street and State Highway 146 South. Primary access to the facility shall be along West E Street (60'ROW). . Heavy construction equipment rental and leasing activity is classified as a "conditional use' in general commercial zoning districts, therefore Special Conditional Use Permit (SCUP) is required in this regard. . The property in question is subject to requirements for 100% masonry and glass products in compliance with the current ordinance regarding building design standards along major thoroughfares. . A 6,000 sq. ft office/warehouse is proposed for the said project. . The overall impact on public services should be minimal. . State Highway 146 and West E Street with 60' right-of-way have adequate capacity to handle the traffic generated by this proposed development. . The impact upon the public health, safety, and welfare of the city should be minimal. Recommendation: All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development proposal. If the Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests following conditions be added: 1. SCUP#07-006 is specifically limited to the proposed development of Clear Creek Equipment as described by SIC Code#7353. 2. This property is subject to the City of La Porte "Exterior Building Design Standards" along major thoroughfare as 100% masonry and glass. A note with the list of proposed material shall be noted on the development site plan. 3. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements ofthe Development Ordinance. 4. All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) ofthe City of La Porte. 5. Harris County Flood Control District (HCFCD) criteria for detention/drainage system and approval shall be applicable. 6. Ensure that maximum lot coverage does not exceed 40%. 7. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany the site plan. 8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. In addition, at least 15% landscaping and screening must be provided along State Highway 146 and West 'E' Street to insure an attractive appearance if necessary. 10. A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. 11. All new fencing and signage shall require a separate permit from the City's Inspection Division. 12. The property must be platted. 13. The Developer shall comply with all other applicable laws and ordinances ofthe City of La Porte and the State of Texas. ~HIBrr 1\. Special Conditional Use Permit #SCU07-006 Planning and Zoning Commission July 19,2007 Actions required by the Commission: . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Recommend tabling this SCUP for further review. .. r--- .., '1.-' ~. .':..= . '.... ..... ~:..~,~:.., ~ I. ,<jf; J iij;"~ 1........, , : 11 " ~. , .... . ~ ,j-- ~tII:~,: Staff Report July 19,2007 Clear Creek Equipment Special Conditional Use Permit #SCU07-006 ReQuested by: Ms. Sally Williams ReQuested for: Lots 1-8, TRS 25-32, Block 122, and 16' wide portion of alley between .these lots, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Location: 602 State Highway 146 South Zoning: General Commercial (GC) Proposed Use: Heavy Construction Equipment Rental & Leasing Background: The applicant is proposing a 6,000 sq.ft (60'xl00') of office warehouse on a 0.76 acre tract located south of West 'E' Street along State Highway 146 South. The property is zoned General Commercial (GC). Heavy Construction Equipment rental and leasing (SIC #7353) is classified as a 'Conditional Use' in GC zoning districts. The reason some uses are conditional in GC zones is that in certain instances the Commission may feel that a use may be appropriate if further conditions are considered on a case-by-case basis. Analvsis: Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan, Development Ordinance, and Code of Ordinances (Chapter 106) as a guide. Considerations were given to the following issues: . Character of the surrounding and adjacent properties; . Existing use of nearby properties, and the 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 uses; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of road network influenced by the use; . Extent to which the proposed use designation would permit excessive air, water or 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. _tilan t; Clear Creek SCU07-006 Page 2 of3 Land Use - The City's Land Use Plan shows this area developing with commercial uses. The existing land uses are primarily commercial, e.g. businesses along State Highway 146 frontage road are auto dealership, boats sales, furniture sale and showroom, further south are hotel/motel, restaurants, convenience store/gas station, and supermarket etc. Transportation - Staff notes that the subject tract abuts feeder of State Highway 146 South, a major freeway in the Bayport area and southeast Harris County. The subject tract will have access along West 'E' Street (60'ROW), which was improved recently as per City's Standard Specs., (concrete, curb, and gutters) and dead end to nearby Little Cedar Bayou to the west. The transportation/traffic system should accommodate the traffic and existing properties should not be impacted by the proposed development. The existing roads are adequate to support the project and the proposed development should not conflict with the Thoroughfare Plan. Utilities and Drainage - Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. An 8" water line runs north to south along the west right-of- way of State Highway 146 South, east of the property in question. Existing water is adequate for potable and fire protection needs of the proposed development. The nearest fire hydrant is located more than 300' north of the property in question, therefore a fue hydrant must be installed at the developer's expense. A 10" sanitary sewer runs north to south along the west right-of-way of SH146, east of the property. The development requires on- site detention/retention with the planned outfall to nearby Little Cedar Bayou. Open Space/Landscape Plan - The property abuts commercial uses along State Highway 146 and this is the most public face of the tract. Staff suggests that a substantial portion of the facility's landscaping should be placed adjacent to the major freeway. If approved, architectural standards coupled with the proposed landscaping and setbacks should result in a facility that is attractive and compatible with surrounding properties. Exterior Building Design Standards - City Council has approved an ordinance to the Zoning Chapter of the Code of Ordinances regarding building design standards for the City of La Porte along major thoroughfares. As such, the property in question is subject to requirements for 100% masonry and glass products. The property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished concrete and/or glass, or of an equivalent, permanent, architecturally-finished material to finish grade and no buildings shall be covered with aluminum, iron, steel or other metal surfaces. Clear Creek SCU07-006 Page 3 on Conclusion: Based on the facts and considerations presented above, if the Planning and Zoning Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests the following conditions as a minimum be added: . SCUP#07 -006 is specifically limited to the proposed development of Clear Creek Equipment as described by SIC Code#7353. . This property is subject to the City of La Porte "Exterior Building Design Standards" along major thoroughfare as 100% masonry and glass. A note with the list of proposed material shall be noted on the development site plan. . This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. . All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) of the City of La Porte. . Harris County Flood Control District (HCFCD) criteria for detention/drainage system and approval shall be applicable. . Ensure that maximum lot coverage does not exceed 40%. . Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany the site plan. . Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. . In addition, at least 15% landscaping and screening must be provided along State Highway 146 and West 'E' Street to insure an attractive appearance if necessary. . A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. . All new fencing and signage shall require a separate permit from the City's Inspection Division. . The property must be platted. . The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. City of La Porte Special Conditional Use Permit # SCU 07-006 Draft This permit is issued to: Sallv Williams. Clear Creek Equipment Owner or Agent 332 North Hiahwav 146. La Porte TX 77571 Address For Development of: Clear Creek Equipment Development Name 602 State Hiqhwav 146 South. La Porte Address Legal Description: Lots 1-8. TRS 25-32. Block 122. Town of La Porte Zoning: General Commercial (GC) Use: Heavv Construction Equipment Rental & Lease Permit Conditions: 1. SCU P#07 -006 is specifically limited to the proposed development of the Clear Creek Equipment as described by SIC Code#7353. 2. This property is subject to the City of La Porte "Exterior Building Design Standards" along major thoroughfare as 100% masonry and glass. A note with the list of proposed material shall be noted on the development site plan. 3. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 4. All paving/parking material shall be either asphalt or concrete as per Public Improvement Criteria Manual (PICM) of the City of La Porte. 5. Harris County Flood Control District (HCFCD) criteria for detention/drainage system and approval shall be applicable. 6. Ensure that maximum lot coverage does not exceed 40%. 7. Ensure that existing tree line or vegetation will be preserved off the rear property line, and landscape plan shall accompany with the site plan. 8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. In addition, at least 15% landscaping and screening must be provided along State Highway 146 and West 'E' Street to insure an attractive appearance if necessary. 10. Fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106- 797(2) of the Code of Ordinances. 11. All new fencing and signage shall require separate permit from the City's Inspection Division. 12. The property needs to be platted. 13. The Developer shall comply with all other 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 ~I~rr ) Special Conditional Use Permit #SCU07 -007 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Sketch Plan Special Conditional Use Permit #SCU07-007 Planning and Zoning Commission July 19,2007 Location of Proposed Develonment 500 Block of North 8th Street Legal Description Lots 1 thru 16, Block 101, as recorded in Volume 58, Page 563, H.C.C.F., Johnson Hunter Survey, Abstract No. 35, La Porte, Harris Countv, Texas. Applicant John Bible Present Zonin2 General Commercial (GC) Acreage 1.1478 acres Surrounding Zoning North - Business Industrial (BI) South - General Commercial (GC) & R-2 East - Medium Density Residential (R-2) West - General Commercial (GC) Land Use Plan Commercial Activity Proposed Office/Warehoue (Business Park) Summary: . Applicant is requesting a Special Conditional Use Permit for developing an office/warehouse facility to be known as North gth Street Business Park. . The property is located in the 500 block of North gth Street one block south of Barbour's Cut Boulevard. . Warehousing activity is classified as a "conditional use' in general commercial zoning districts, therefore Special Conditional Use Permit (SCUP) is required for proposed development. . A sketch plan shows four warehouse buildings with two driveways along North gth Street. . Intent to develop warehouses is to cater small businesses in the area. . As the subject property is adjacent to the residential zoned properties, screening and landscape buffer shall be required. . The overall impact on public services should be minimal. . North gth Street with gO' right-of-way has adequate capacity to handle the traffic generated by this proposed development. . The impact upon the public health, safety, and welfare of the city should be minimal. Recommendation: All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development proposal. If the Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests following conditions be added: 1. SCUP#07-007 is specifically limited to the proposed development of gth Street Business Park. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) ofthe City of La Porte. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas/residential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Engineer. 5. North gth Street is not a designated truck route. . 6. Ensure that maximum lot coverage does not exceed 40%. 7. Ensure that landscape plan shall accompany the site plan showing screening and/or buffer between commercial uses and residential properties. g. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. In addition, landscaping must be provided along North gth Street to insure an attractive appearance of the facility . 10. Number of driveways shall be limited to two (2) along North gth Street as shown on the sketch plan. 11. A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. 12. All new fencing and signage shall require a separate permit from the City's Inspection Division. 13. Installation and maintenance of the sidewalks is the sole responsibility of the owner/developer. 14. The property must be platted. 15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. ~,(HI~ff A Special Conditional Use Permit #SCU07-007 Planning and Zoning Commission July 19,2007 Actions required by the Commission: . Recommend to Council approval of this SCUP with conditions. . Recommend to Council denial of this SCUP. . Recommend tabling this SCUP for further review. <0 oqo I' ~, r. :I: . en 31 l .1 ..A"':! LOCATION OF PROPERTY --- .... ... ,'-- . -.. " ;:." .~' "". ~ ~~ --, ~ "i ""it 4,:~~ ""~ ~. ~I 1~ Jr. ,_ ..1 _:'~~ - ---. 'tJr'- . !~ ~I ~.... ~ ,.. I. _ L ," . 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' ")'-~*,-, - - ~'< - -... ,,-.< - -~~~ - 1 j :I:J I- a::: o z " , Staff Report July 19,2007 ReQuested by: ReQuested for: Location: Zoning: Proposed Use: Background: Analvsis : North 8th Street Business Park Special Conditional Use Permit #SCU07-007 Mr. John Bible 1.1478 acres of land, containing all of Lots 1 thru 16, Block 101, as recorded in Volume 58, Page 563 H.C.C.F., Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. 500 Block of North 8th Street General Commercial (GC) Office/W arehouse The applicant is proposing four 4,675 sq.ft (85'x55') warehouse buildings on a 1.1478 acre tract located in the 500 block of North 8th Street, one block south of Barbour's Cut Boulevard. The property is zoned General Commercial (GC). General Warehousing and storage (SIC #4225) is classified as a 'Conditional Use' in GC zoning districts. The reason some uses are conditional in GC zones is that in certain instances the Commission may feel that a use may be appropriate if further conditions are considered on a case-by-case basis. Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan, Development Ordinance, and Code of Ordinances (Chapter 106) as a guide. Considerations were given to the following issues: . Character of the surrounding and adjacent properties; Existing use of nearby properties, and the 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 uses; Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of road network influenced by the use; Extent to which the proposed use designation would permit excessive air, water or 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. . . . . . . :~U;lrr ( 8th Street Business Park SCU07-007 Page 2 of4 Land Use - The City's Land Use Plan shows this area developing with commercial uses. The existing land uses are primarily commercial, e.g. businesses along North 8th Street are special trade contractors, offices and storage/warehouses. There are predominantly trucking related businesses and other services, i.e. truck stop, truck tires sales & repair services located along Barbour's Cut Boulevard one block north of the subject property. Transportation - Staff notes that the subject tract is in proximity to State Highway 146 and Barbour's Cut Boulevard. The property will have access along North 8th Street (80'ROW), runs north-south between West Main Street and Barbour's Cut Boulevard. North 8th Street is not a designated truck route. The transportation/traffic system should accommodate the traffic and existing properties should not be impacted by the proposed development. The existing roads are adequate to support the project and the proposed development should not conflict with the Thoroughfare Plan. Utilities and Drainage - Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. An 8" water line runs east-west in the north right-of-way of West Madison Street, south of the property in question. Existing water is adequate for potable but may require fire protection for the proposed development. The nearest fire hydrant is located at the northwest comer of 8th Street and West Madison Street. A sanitary sewer line runs in the 16' public alley just east of the property. The development requires on-site detention/retention with the planned outfall to nearby drainage channel. Landscaping/Screening - The property abuts residential zoned properties to the east (Northside Neighborhood). The City hopes to build four single- family dwellings under the HOME grant program to the east of the subject property along North 7th Street. When a commercially zoned property is adjacent to residential uses, a 20' rear building setback is required. The setback area adjacent to the alley should be utilized for screening of the commercial establishment from the residential properties. Staff suggests heavy landscaping and screening in this area and a substantial portion of the facility's landscaping should also be placed along North 8th Street. If approved, the proposed landscaping/screening and additional setback should result in a facility that is attractive and compatible with surrounding properties. Economic Development - One of the intentions 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. As per plan, commercial, retail, and service activities shall be clustered throughout the City and be convenient to residential areas. In this case, the plan is to develop warehouses, which may cater to small businesses in the area or anticipated businesses to be located to this area. The intent for commercial 8th Street Business Park SCD07-007 Page 3 of4 Conclusion: uses is to include a balanced mixture of miscellaneous shopping, strip centers, free-standing commercial sites, and neighborhood stores. With the development of these small office/warehouse buildings, the goals and objectives of the plan may not be achieved. Sales tax is another factor that should be reviewed when considering this request. 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. Responsibility for construction of the sidewalks shall be the responsibility of the owner/developer. Based on the facts and considerations presented above, if the Planning and Zoning Commission wishes to consider approval of this Special Conditional Use Permit, staff suggests the following conditions as a minimum be added: . SCUP#07 -007 is specifically limited to the proposed development of 8th Street Business Park. . This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. . All paving/parking material shall be either asphalt or concrete in accordance with the Public Improvement Criteria Manual (PICM) of the City of La Porte. . Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas/residential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Engineer. . North 8th Street is not a designated truck route. . Ensure that maximum lot coverage does not exceed 40%. . Ensure that landscape plan shall accompany the site plan showing screening and/or buffer between commercial uses and residential properties. . Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. . In addition, landscaping must be provided along North 8th Street to insure an attractive appearance of the facility. . Number of driveways shall be limited to two (2) along North 8th Street as shown on the sketch plan. . A fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106-797(2) of the Code of Ordinances. . All new fencing and signage shall require a separate permit from the City's Inspection Division. . Installation and maintenance of the sidewalks is the sole responsibility of the owner/developer. . The property must be platted. 8th Street Business Park SCD07-007 Page 4 of 4 . The Developer shall comply with all other applicable laws and ordinances ofthe City of La Porte and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. . Table this item for further consideration by the Commission. City of La Porte Special Conditional Use Permit # SCU 07-007 This permit is issued to: John Bible. Bayport Properties. Inc. Owner or Agent 11627 Noblewood Crest Ln.. Houston. TX 77082 Address For Development of: North 8th Street Business Park Development Name 500 Block of North 8th Street. La Porte Address Legal Description: Lots 1-16. Block 101. Town of La Porte Zoning: General Commercial (GC) Use: Office/Warehouse facility Permit Conditions: 1. SCUP#07-007 is specifically limited to the proposed development of 8th Street Business Park. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. All paving/parking material shall be either asphalt or concrete as per Public Improvement Criteria Manual (PICM) of the City of La Porte. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas/residential properties and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Engineer. 5. North 8th Street is not a designated truck route. 6. Ensure that maximum lot coverage does not exceed 40%. 7. Ensure that landscape plan shall accompany with the site plan showing screening and/or buffer between commercial uses and residential properties. 8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. In addition, landscaping must be provided along North 8th Street to insure a positive appearance of the facility. 10. Number of driveways shall be limited to two (2) along North 8th Street as shown on the sketch plan. 11. Fence shall not be erected within the front yard setback (20') of any commercial establishment per Section 106- 797(2) of the Code of Ordinances. 12. All new fencing and signage shall require separate permit from the City's Inspection Division. 13. Installation and maintenance of the sidewalks is the sole responsibility of the owner/developer. 14. The property needs to be platted. 15. The Developer shall comply with all other 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: City Secretary ,~"(.Ht9n Director of Planninq NORTH E STREET 60' R.O.W. 0 cAST - 125' 0 -------- -------- 20' -------- 4 -------- ..., 0. i'n -------- "lJ :I: )> ~ -------- "lJ ~ Z ~ " -------- :t' CD CD r r 0 0 ~ ----0--- 0 ^ ^ ~S 0 0 ----,.-a.--- 0 10 ii -------- ~I " -------- -------- -------- -------- -------- IO'S./. weST - 125' '" ~~ NORTH D STREET -, 80' R.O.W. ~.~ .. 0 Illl II Ii .. .0 ~ F"~" . ~~ I " I Ii U ~~8~~~ i mm t"" ~~ o~ I II ~ "ll ;; ~a~~o~ ~~ ~i:111 i ~~ ~~ ~ ~m~ ~~ ~ ~~ I II ~ ~~~olt:B ~ ~. :0: ~ 3~ ~ ~~ '" i!1 ill i ~~Eg~~ ~ .~ I '" ~ ~~ g~ ~ ;:: .I n c" " 8.;::g~~ ~ ~~ ;> I Il!~l ~~ ~ ~~~~~E ;; ~~ ~ ~ ;g ~ l~dH i .~ J:: J I ~ 8~ gE ~ I' ~. ~ "~~~~ .~ ~ " i~ g!fl g~t~,~ ~~ ~ i z ~ <~~~. - " ~ C'l ~ ~H ~ 8 ! ~ ~ :t I ~I ~ ::l ;;; II ~I ~XHlllrr S Workshop Domestic Livestock Staff Report July 19, 2007 Domestic Livestock Discussion Paper Backe:round: City Council has directed the staff and the Planning and Zoning Commission to consider the land ratio with the number of animals allowed per acre in La Porte. The purpose is to justify the provisions of the current ordinance and clarification. Currently two grazing animals are allowed per acre and an owner must have two acres. The question becomes should the City allow lIz acre increments to allow 3 or 4. Staff analyzed the situation, researched, and checked with the neighboring cities and presenting this item to the Planning and Zoning Commission for discussion and further guidance to Staff for possible changes to the Code of Ordinances relating to the keeping of domestic livestock in La Porte. Existine: Requirements: Current ordinance (Section 106-742) allows two grazing animals (cows, horses, hogs, sheep, goats etc.) Analvsis: Staffs research shows that neighboring cities ordinances contain provisions which regulate livestock operations in agricultural and conservation zones, and prohibit the keeping of livestock in residential zones. Some cities have different requirements for different types of animals. Keeping of the horses is undoubtedly the predominant domestic livestock use in La Porte. In a rural/large lot residential zoning district, single-family dwellings is the most predominant use. Research shows that two animals per acre is general rule and does not account for the type of grazing animal. The following concerns must be considered with respect to the keeping of livestock: . Animal waste management, storage, usage, and disposal . Health risks . Animal escaping and running at large . Treatment and housing of animals . Erosion and sedimentation control . Vehicular access . Noise . Odors . Water pollution . Lighting and fencing Planning & Zoning Commission July 19,2007 Page 2 of2 SUf!f!ested Requirements: These requirements would be supplementary to the existing provisions of the ordinance and would apply specifically to domestic livestock use. . The minimum lot size required in which the use is located must be met, e.g. 1 acre. . For any additional animals, a minimum of one (1) acre ofland, exclusive of buildings and impervious surface must be provided for two (2) animals which are housed or pastured on the lot. Conclusion: As supplemental feeding and sufficient management is needed in La Porte, staff suggests that the current ratio is rather generous and opt to continue with the current ratio for keeping of livestock. ~,