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HomeMy WebLinkAbout05-15-08 Regular Meeting,Public Hearing and Workshop of the La Porte Planning and Zoning Commission Minutes of the Meeting Members Present: Members Absent: City Staff Present: Others Present: PLANNING AND ZONING COMMISSION MINUTES OF MAY 15, 2008 Pat Muston, Dottie Kaminski, Paul Berner, Kirby Linscomb, Jr., and Hal Lawler (Alt 1) Doretta Finch, Claude Meharg, Nick Barrera, and Les Bird (Alt 2) Assistant City Manager, John Joerns; Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; Main Street Coordinator, Debra Dye, Chief Building Official, Debbie Wilmore, Deputy Building Official, Mark Huber, and Planning and Zoning Secretary, Peggy Lee 1. CALL TO ORDER. Standing Room Only Audience Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF APRIL 17, 2008, MEETING MINUTES. Planning and Zoning Secretary, Peggy Lee, pointed out a correction that should be made to the Minutes to remove Assistant City Manager John Joerns from City Staff Present and to add Planning Director Tim Tietjens to City Staff Present. Motion by Paul Berner to approve the Minutes of April 17, 2008, corrected to show Planning Director Tim Tietjens present and Assistant City Manager John Joerns removed from City Staff Present. Second by Kirby Linscomb, Jr. The motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Linscomb, Lawler, and Muston None None 3. CONSIDER APPROVAL OF APRIL 30, 2008, MEETING MINUTES. Motion by Dottie Kaminski to approve the Minutes of April 30, 2008. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Linscomb, Lawler, and Muston None None 4. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON A REPLAT OF UNDERWOOD SELF STORAGE LOCATED AT 2619 UNDERWOOD ROAD. Chairperson Muston opened the public hearing at 6:07 p.m. A. STAFF PRESENTATION Masood Malik, City Planner, presented Staff's Report. Applicants, Lloyd and Linda Duncan, have requested a 4.3565 ac. replat to create a unified commercial reserve for Underwood Self Storage located at 2619 Underwood Rd. Public notices were mailed to 12 property owners located within 200' from the subject property. The City received one response in favor of the replat. Planning and Zoning Commission Minutes of May 15, 2008 Page 2 of 8 B. PROPONENTS No proponents addressed the Commission. C. OPPONENTS No opponents addressed the Commission. 5. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:10 p.m. 6. CONSIDER APPROVAL OF THE REPLAT FOR UNDERWOOD SELF STORAGE LOCATED AT 2619 UNDERWOOD ROAD. Motion by Paul Berner to approve the Replat for Underwood Self Storage located at 2619 Underwood Road. Second by Dottie Kaminski. The motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Linscomb, Lawler, and Muston None None 7. OPEN WORKSHOP TO DISCUSS PERMITTED USES FOR THE COMMERCIAL RECREATION (CR) ZONING DISTRICT. Chairperson Muston opened the workshop at 6:10 p.m. Mr. Malik presented Staff's Report. At the Workshop on April 30, 2008, Commission Members were in agreement on the proposed boundaries for the Commercial Recreation Zoning District, which includes the area east of Park Avenue between south and north Circle Drives, east of Bayshore Drive between Sylvan Beach Boat Ramp and Little Deer Creek. Subsequent to the Workshop, Staff provided the Commission with additional information they had requested on several of the proposed permitted uses for the District. The Commission agreed that the following uses should be classified as conditional rather than permitted: Misc. Retail (592, 593, 5948, 596-599, 5399) Misc. Shopping (5941-5947,5949,5992-5994) Misc. Shopping (5995, 5999) Personal Services (722-729 only) 8. CLOSE WORKSHOP Chairperson Muston closed the workshop at 6:19 p.m. 9. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT FOR ESTABLISHING BOUNDARY LINES, PERMITTED USES FOR THE COMMERCIAL RECREATION (CR) ZONING DISTRICT, AND REZONING FROM MEDIUM DENSITY RESIDENTIAL (R-2), HIGH DENSITY RESIDENTIAL (R-3) AND NEIGHBORHOOD COMMERCIAL (NC) TO COMMERCIAL RECREATION (CR) DISTRICT. Chairperson Muston opened the public hearing at 6: 19 p.m. Planning and Zoning Commission Minutes of May 15, 2008 Page 3 of 8 A. STAFF PRESENTATION Masood Malik, City Planner, presented Staff's Report on the Commercial Recreation (CR) District. Public notices were mailed to 83 property owners located within 200' from the subject property. The City received 25 responses, 11 of which were from property owners located within 200' of the subject property; two in favor of the CR zoning, eight against, and one abstained. B. PROPONENTS Dr. Moosa, owner of property on Park Drive, formerly Fatima's Tea Room · Commended the Commission for all their work at a previous workshop he attended. · The new regulations will enhance the area. · Considering rebuilding on his property as residential; possibly with a townhouse. Vincent Heims · Inquired as to whether the hotel at Sylvan Beach could become an issue in the future. · Restrictions for the zone should be agreed upon by everyone up front. · CR zone is a good idea. John O'Sullivan, local attorney and owner of property on Park St. · Originally was opposed until he became fully informed. · Positive thing because it helps property owners by allowing residential activities to continue. c. OPPONENTS Phillip Hoot, 927 Seabreeze, across from Sea breeze Park · Provided statistics to show revenue gain to City would be greater if rezoning did not occur. · CR zone would make it easier to develop a hotel at Sylvan Beach. · All City parks are zoned residential so to change the zoning of the County Park would change the precedence. · No one in the City has been notified. · Showed a photo overhead of a beachfront developed with hi-rise developments depicting how La Porte might look if these regulations are passed. Kathryn Aguilar, 3119 Fondren, and owner of a house at 405 Bayshore · Most residents she has spoken with do not want the rezoning while a small minority favors it in order to sell their property at a premium price. · Property owners not interested in selling can never be compensated for the loss of community, tranquility, and sense of belonging. · Commercialization of the park is a short sided option. · Park should be redeveloped according to Harris County Master Plan. · Savethepavilion.org would like to spearhead effort to obtain historic status of pavilion, determine its structural integrity, and develop restoration and improvement plan. · Invest in park and pavilion instead of selling out to development interests. Ted Powell, 1700 Roscoe, founding member of savethepavilion.org · Working to get everyone involved in saving the pavilion. Planning and Zoning Commission Minutes of May 15, 2008 Page 4 of 8 · City Hall putting out confusing information; cannot get a consistent story for plans for the park and north towards Seabreeze. · The hotel development is not off the table just because the City did not receive any responses to the RFQ. · Met with Sylvia Garcia, the City Manager and City Secretary at Ms. Garcia's office; there was discussion about lack of responses to the RFQ due to economy going south, but as soon as things turn back around there are a couple of interested hotel developers. · Zoning change at this time is to accommodate development of the hotel. · Sylvia Garcia does not want to save the pavilion; she favors public/private partnerships. · Difficult to get information out of City Hall; need to hold public officials accountable and demand they be consistent and honest. Mark McBride (introduced wife Kathy McBride), 1200 Bayshore Drive · Built their home and relied upon zoning to protect them. Questioned why his property is involved with this rezoning. An unidentified speaker · Inquired as to why she did not receive a letter that this was going to happen. Bobby Schlenk · This is just the beginning of what will occur with Main Street and other areas in La Porte. Inquired as to whether all parks could be done this way. · Property owners should not have to worry about their property being pulled in on things like this. · People aren't getting proper notification. Randa Spence, 3126 Fondren · Thought her property was grandfathered. · Inquired as to why the City wants to rezone the park. · Inquired about what needs to be done to stop this from moving forward. Chairperson Muston asked Planning Director Tim Tietjens to speak on public/private partnerships. Mr. Tietjens noted the bait shop at Sylvan Beach is a public/private partnership. He added there have been well documented cases where public/private partnerships have enhanced a park's value, for example, Discovery Green in Houston. The parkland at Sylvan Beach is intended to remain parkland enhanced by public funds. Margaret Holloway, owner of two acres on Grove · Purchased property approximately 10 years ago to build a home. · Heard about the rezoning through hearsay. · If rezoned, crime will increase An unidentified speaker · Stated that Ms. Holloway was approached by a developer about selling her property. · Inquired as to the possibility of future imminent domain proceedings Paul Quinn, 1211 Bayshore Drive · Been around the area since the age of 10. · Free boat ramp, Sylvan Beach Pavilion, fishing, and grassy area behind the bait stand area all accessible to the public and should not be changed. Michael Tutt, 212 Hazel for 18 years · Sounds like the City already has its mind made up. Stephanie Blue, LPHS student · Loves Sylvan Beach Day and doesn't like the idea of a hotel, including strangers working construction at the hotel and the increased traffic. · Experienced many memorable times at the pavilion. · Get the community involved with restoring the pavilion. Planning and Zoning Commission Minutes of May 15, 2008 Page 5 of 8 Curtis Hebert, 719 2nd Street for 4% years · Moved to La Porte from Beaumont where he experienced this same thing. Property along the river was rezoned and then it went downhill. Pastor of St. Mary's Church, resident since July, moved by the Diocese from New Caney · Meditates and prays at night during long walks along the beach. · Restoration of the beach is a good idea. · Sylvan Beach is the highlight of La Porte; activities that cater to community and family would be wonderful. · Area should be enhanced, but not for its monetary value. A.J. France, 202 S. 2nd Street · Asked for a show of hands from audience members in opposition and asked the Planning & Zoning Commission to report that to City Council. A majority of the audience was in opposition. Danielle McBride, Lomax · Daughter-in-law of the McBrides. · Asked what beautification of the park has to do with rezoning of the area. · Asked why not remove the circle areas and the area around Deer Creek from consideration, if there is concern by the homeowners in those areas. · Asked for an answer on the question of eminent domain. · Opposed due to a lack of information. Debbie Hoot, 927 Seabreeze · Inquired about when the 40-year lease with the County expires and how that would be affected if the CR zoning is not in place prior to the lease expiring. Commission Member Hal Lawler informed the audience that the Commercial Recreation Zoning District is more than a hotel project or the future of the pavilion. Measures need to be in place that will protect the area. Assistant City Manager, John Joerns, commented on the process of receiving public input on this issue. He spoke of his presentation in February regarding the City's plans for the bay area as documented over the years in various plans and reports. Mr. Joerns also addressed citizen concerns about eminent domain. Under current Texas Law, eminent domain means taking for public highways, parks, and other public use, and not for economic development. Mr. Joerns noted that further education may be necessary on what it means to place a zoning label on County property. The County controls what happens on County owned property. He suggested integrating the County's Master Plan into discussions. Bobby Schlenk · Offered to donate his service at no charge to sandblast and paint the exterior of the pavilion and was certain there would be others willing to volunteer. Phillip Hoot · Suggested the "CIRCLES" be removed from consideration. An individual questioned the notification of residents for public hearings. Mr. Joerns responded there is a mail-out for public hearings in which notification is sent to all property owners located within 200' of the subject property. Jamie Ibarra, 722 S. Homes · Moved to the area because it is a quiet area, not like Galveston or Kemah. Concerned citizens will end up having to pay to utilize the bayfront. · Confused about concept. Planning and Zoning Commission Minutes of May 15, 2008 Page 6 of 8 10. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 7:45 p.m. 11. CONSIDER RECOMMENDATION TO CITY COUNCIL FOR ESTABLISHING BOUNDARY LINES, PERMITTED USES FOR THE COMMERCIAL RECREATION (CR) ZONING DISTRICT, AND REZONING FROM MEDIUM DENSITY RESIDENTIAL (R-2), HIGH DENSITY RESIDENTIAL (R-3) AND NEIGHBORHOOD COMMERCIAL (NC) TO COMMERCIAL RECREATION (CR) DISTRICT. Motion by Dottie Kaminski to table the item. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Linscomb, Lawler, and Muston None None 12. OPEN WORKSHOP TO DISCUSS PROPOSED MAIN STREET OVERLAY BUILDING USAGE. Chairperson Muston opened the workshop at 7:47 p.m. Chairperson Muston called for a five-minute break. Chairperson Muston reminded members of the audience that this was a workshop and not a public hearing; however City Staff would be available during the workshop to answer questions. Debra Dye, the City's Main Street Coordinator, gave a presentation on the Main Street Advisory Board's work involved in making a recommendation for proposed Main Street Overlay building uses, as requested by the Planning and Zoning Commission. The Main Street Advisory Board reviewed approximately 2,000 use codes prior to making their recommendation. At the request of Commission Member Dottie Kaminski, Ms. Dye named current and previous Board Members. Planning Director Tim Tietjens spoke about the diligent work of the Board in reviewing the NAICS Code. He thanked the audience for their participation and constructive criticism and introduced Staff Members that would be available to answer their questions to the best of their ability. Audience members were also encouraged to complete a comments form made available to them. He explained the workshop format and that the public would have an opportunity to comment in a subsequent public hearing. Mr. Tietjens spoke about pre-existing nonconformities and presented an overview of the ordinance that was revised approximately ten years ago. Chief Building Official Debbie Wilmore assisted with clarification. Questions from the audience began. Vicki Campise · What assurance is there that TX DOT will provide user, pedestrian, and parking friendly measures on Main Street? Infrastructure needs to be in place prior to growing into a destination location. · Why are building uses being addressed at this stage? · Did not receive meeting notification until yesterday · The use regulations for upstairs are a concern. Planning and Zoning Commission Minutes of May 15, 2008 Page 7 of 8 · Traffic from Barbour's Cut is a concern. Tom Stringer - Barretts AlC, 208 E. Main: · Requested a show of hands from those on the Planning and Zoning Commission that own property on Main Street. There were none. · Questioned how many positions were open on the Main Street Advisory Board and the response was "two." Said he put in an application and received a letter that they did not want him. Question and answer session began on floor. 13. CLOSE WORKSHOP Chairperson Muston closed the workshop at 9:50 p.m. 14. ADMINISTRATIVE REPORTS Mark Follis, Main Street Advisory Board · Suggested consideration to minimize the area affected, especially properties which have a second floor · City Ordinance states nonconformities are to be avoided whenever possible. As proposed, 21-22 existing businesses would become nonconforming. · Suggested offering tax abatements to business owners. Ron Bottoms, City Manager · Apologized for arriving late as he was at a previous appointment. · Asked the Commission if they wanted Staff to move this forward. Bill Manning, Jr., Main Street Advisory Board · Asked for an opportunity for the Main Street Advisory Board to review the comments and make a modified recommendation. Mr. Malik reported on the following developments: · Shopping center in progress along Underwood next to Tony's BBQ · Jack-in-the-Box under construction at Fairmont Pkwy. and Underwood The Commission discussed how to move forward with the Main Street uses item. Staff was requested to compile a list of comments that were received and then work with the Main Street Advisory Board in reviewing that list. A workshop will be held at the next meeting. 15. COMMISSION COMMENTS There were no comments from the Commission. 16. ADJOURN Motion by Paul Berner to adjourn. Second by Dottie Kaminski. Chairperson Muston adjourned the meeting at 10:10 p.m. Planning and Zoning Commission Minutes of May 15, 2008 Page 8 of 8 Submitted by, () ~ Peggy L:;m Secretary, Planning and Zoning Commission ~ ~at Mus n Chairperson, Planning and Zoning Commission day of ~ .2008. Special Conditional Use Permit #SCU08-002 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Site Plan F. Public Notice Responses Special Conditional Use Permit #SCU08-002 Planning and Zoning Commission June 19,2008 Location of Proposed Deveh)pment 1332 South 8th Street Legal Description Approximately 2.5 acre tract of land described as lots 1-32, Block 1150, abandoned alley between the lots, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Applicant HKP Investment, Inc. Present Zoning General Commercial (GC) Acreage 2.5 acre Surrounding Zoning North General Commercial (GC) East General Commercial (GC) South Medium Density Residential (R-2) West General Commercial (GC) Land Use Map Commercial Activity Proposed Hotel Summary: · The applicant is requesting a special conditional use permit for development of a hotel to be located at 1332 South Sth Street two blocks south of Fairmont Parkway. · The property is zoned General Commercial (GC) adjacent to residential zoned property (R-2). Per Code of Ordinances, Section 106-441, Table A, Commercial Uses, footnotes, hotels are classified as a Conditional Use and require a Special Conditional Use Permit. · The land use plan shows this area to be developed for commercial uses. · The property has access from both Little Cedar Bayou Drive and South Sth Street. · The subject tract is in the vicinity of commercial developments i.e. restaurants, hotel, bank etc. La Porte Cemetery and Little Cedar Bayou Park are located to the east across South Sth Street. Baypoint Townhomes are located to the south across Little Cedar Bayou Drive. · Main building shall be located at least 150' away from the residentially zoned property. · Landscaping/screening shall be provided adjacent to residential zoned property in compliance with Section 106-444(a) of the Code of Ordinances. · Landscaping shall be maintained by the owner/developer. · Storm water runoff shall be detained within the parking lot and outfall into nearby Little Cedar Bayou. · Traffic impact should be minimal with public services unaffected. Recommendation: Staff recommends approval of Special Conditional Use Permit #SCUOS-002 with conditions as listed in the draft SCUP attached herewith. Options available to the Commission are: · Recommend to Council approval of this SCUP. · Recommend to Council denial of this SCUP. · Table this item for further consideration by the Commission. EXHIBIT A -;"J r' ~'., ~ ,.. tt"J! . ~1Iii ~, !: ..ii [):1:.~" """l"~jf' ,"' _,,~" - 1, """ j " ~ ... -". ~r:" -', ,:,:'1'" J. c.;. L. ~L ...I!,t, UI"_df .~ .....If'L 7<;L~ ~ ... = ~ . .~I. !;';: it ..f1' ~""I ~I ~I,., ~i 'i1 ~ N W+E' s ....... ., - - :a - :c ~ Staff Report June 19,2008 Sleep Inn & Suites Special Conditional Use Permit #SCU08-002 Requested by: HKP Investment, Inc. Requested for: Location: Zonin!!:: Land Use MaD: Back!!:round: EXHIBIT C Lots 1 thru 32 and abandoned alley in Block 1150, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. 1332 South 8th Street General Commercial (GC) Commercial The applicant is proposing to develop a hotel on approximately 2.5 acres of land bounded by West 'L' Street (unimproved ROW) on the north, Little Cedar Bayou Drive (60'ROW) on the south, South 8th Street on the east and South 9th Street R.O.W. (unimproved) on the west. The property is located in the vicinity of area restaurants, a hotel, cemetery, Little Cedar Bayou (F-216) and Little Cedar Bayou Park. The subject property is zoned General Commercial (GC). Hotels and Motels are a permitted use in the General Commercial zoning district. In addition, hotels/motels are classified as a 'Conditional Use' in GC zone when adjacent to residential zoned properties (R-1, R-2, and R-3 zoning districts) per a recent amendment to the Code of Ordinances. A time line of activities which lead to this Special Conditional Use Permit request are as follow: January 10, 2007 - Applicant met with the staff for pre-screening meeting, mentioned 4-story, 75-80 rooms Hampton Inn & Suites (not confirmed), lack frontage along State Highway 146, wished to close West 'L' Street for possible frontage along SH 146 and South 9th Street between blocks 1149 and 1150. January 16, 2007 - Applicant had a pre-development meeting with the staff to discuss parking lot detention/storm sewer, street closing process and was asked to coordinate with TxDOT for access to frontage road and sIgn. May 22, 2007 - Planning and Zoning Commission held a workshop meeting to discuss hotels/motels adjacent to residential zoning districts. June 21, 2007 - Planning and Zoning Commission held a public hearing to consider hotels/motels as a 'Conditional Use' when adjacent to residential zoned properties (R-l, R-2, and R-3 zoning districts). July 23, 2007 - City Council approved Ordinance #1501-X5 to make hotels/motels as a conditional use when adjacent to residential zoned properties. Sleep Inn & Suites SCUD8-DD2 Page 2 of5 Analvsis: Currently, the property is being replatted to create a commercial reserve for the development of a proposed hotel. Preliminary development site plan, submitted on May 22, 2008, is under review at this time. The subject tract, along with abutting properties to the north, east, and west, is zoned General Commercial. The Baypoint Townhomes, located across the street, is zoned Medium Density Residential (R-2). Little Cedar Bayou Drive, 60' public right-of-way, runs east west between these properties. As per Section 106-308(1) of the Code of Ordinances, the centerline of the street is considered to be the zoning boundary. Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP) and all applicable elements of the La Porte Comprehensive Plan 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. Land Use - Land use plan is the City's general plan for guiding future land use and development. Commercial land uses are located along all major and minor thoroughfares throughout the City. As per land use plan, a tract or parcel of land should be large enough to accommodate commercial use and appropriately designed commercial uses may also be developed in the floodplain. One of the goals of the land use plan is to utilize to the maximum extent possible the undeveloped parcels of land that are served by adequate public facilities and services for in-fill development. The City's Land Use Plan shows this area developing with commercial uses. The development is proposed for the whole city block (approx. 2.5 acres). The subject property lies in the floodplain within the Little Cedar Bayou Watershed (F-216). The existing land uses are primarily commercial with establishments, e.g. hotel, restaurants, post office, and bank etc. Sleep Inn & Suites SCU08-002 Page 3 of5 Transportation - Staff notes that the subject tract abuts on South 8th Street (80'ROW), major access to the project, just two blocks south of Fairmont Parkway. Little Cedar Bayou Drive, a 60' public right-of-way provides access to the frontage road along State Highway 146. The transportation system should accommodate the traffic and existing properties should not be impacted by the proposed development. The existing roads are adequate to support the said project and the proposed development does not conflict with the City's 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. Existing water is adequate for potable and fire protection needs in the area. Sanitary sewer runs east of South 8th Street with the nearest manhole located at the intersection of South 8th Street and Little Cedar Bayou Drive, approximately 100' south of the property in question. Therefore, sanitary sewer needs to be extended to and through the property along Little Cedar Bayou Drive. Detention is proposed within the parking lot for this site. Storm water shall be detained in the parking areas with a restrictor to tie into storm drainage outfalling to the nearby Little Cedar Bayou. The plan complies with the Little Cedar Bayou Watershed study area for the undeveloped land mass south of the Fairmont Parkway system. Landscaping/Screening Plan - Landscaping and screening in compliance with Section 106-444(a) of the Code of Ordinances shall be required. The property abuts South 8th Street and Little Cedar Bayou Drive, and this is the most public face of the tract. Staff suggests that a substantial portion of the facility's landscaping should be placed along these roadways and adjacent to residential zoned property to the south. Existing vegetation and trees along both the streets will remain in place. Additional landscaping shall be required for screening of nearby residential properties. If approved, architectural standards coupled with the proposed landscaping and setbacks should result in a facility that is attractive and compatible with surrounding properties. Maximum Height - Currently, under Sections 106-443, Table B, Commercial Area Requirements, the maximum allowable height for structures is not applicable. When a commercial property is adjacent to residential zoned districts, screening/buffering and landscaping are required. The standard building setbacks are Front 20', Rear 20', and Sides 10' adjacent to residential uses. A 20' setback area requires screening from view of adjoining residential buildings in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping/screening should create an opaque fence with plant height reaching at least eight feet within two years from the time of planting trees/shrubs in the setback or landscape easement. Sleep Inn & Suites SCU08-002 Page 4 of 5 Conclusion: The Planning and Zoning Commission directed staff to consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-443; Table B., Commercial Area Requirements to amend, change or modify the maximum allowable height for structures when abutting low density residential properties. After a workshop and public hearing at the April 17,2008, meeting, the Planning and Zoning Commission, by a unanimous vote, forwarded their official position for action by City Council that "the maximum allowable height for structures within commercially zoned properties located within 120 feet of residentially zoned properties is 30 feet ". In order to further clarify the classification, it was subsequently recommended that maximum allowable height for structures within R-2 & R-3 zoned properties located within 120 feet of R-1 & LL zoned properties also be 30 feet. City Council at the May 19, 2008 meeting approved an Ordinance 1501-C6 pertaining to maximum height restrictions for structures located within 120 feet of residentially zoned properties. Proposed project is in compliance with the above referenced ordinance amendment. The referenced development site plan shows the building proposed to be 3-story with 63 rooms located at 150 feet from the residentially zoned property (R-2). This site and the proposed use meet the criteria to satisfy applicable ordinance requirements. This facility and the proposed use are compatible with the surrounding properties and should not be injurious to the use, enjoyment or value of surrounding properties While recognizing that Special Conditional Use Permit request submitted in this regard conforms to the land use for this area, the La Porte Comprehensive Plan envisions this area for commercial use near Fairmont Parkway and State Highway 146. Proposed commercial development is more compatible with the existing commercial facilities in the vicinity. In addition, the subject property lies within the floodplain, which causes some difficulty for normal retail/commercial development. Based upon the facts presented above, staff feels the proposed use is appropriate due to the physical location of the tract ofland adjacent to Little Cedar Bayou. If the Planning and Zoning Commission wishes to consider approval of this Special Conditional Use Permit request, staff recommends the following conditions as a minimum be considered: · This SCUP is specifically for development of hotel on Block 1150. · Any expansion or enlargement of this facility shall be prohibited. · Screening and/or landscaping adjacent to residential area shall be required in accordance with Section 106-444(a) of the Code of Ordinances. · Additional or at least 15% landscaping and screening must be provided along Little Cedar Bayou Drive to insure an attractive appearance of this development. Sleep Inn & Suites SCU08-002 Page 5 of5 · Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. · Existing vegetation and trees shall remain in place along Little Cedar Bayou Drive and South 8th Street. · All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. · Sanitary sewer extension to and through the property will be the responsibility of the owner/developer. · Truck parking shall not be permitted. · 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. · Detention maintenance is the sole responsibility of the owner/developer. · Property line fence shall not be erected within the required landscaped portion of any yard or the front yard setback per Section 106-797 of the Code of Ordinances. · All new fencing and signage shall require a separate permit from the City's Inspection Division. · This permit does not become valid until a Development Site Plan is reviewed and approved in accordance with the requirements of the Development Ordinance. · The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission are: · Recommend to Council approval of this SCUP with additional conditions. · Recommend to Council denial of this SCUP. · Table this item for further consideration by the Commission. Draft City of La Porte Special Conditional Use Permit # SCU 08-002 This permit is issued to: HKP Investment. Inc. Owner or Agent 4519 Parkleaf Drive. Bavtown. TX 77521-8146 Address For Development of: Hotel (Sleep Inn & Suites) Development Name 1332 South 8th Street. La Porte. TX 77571 Address Legal Description: Lots 1-32. Block 1150, Abandoned AIIev, Johnson Hunter Survev. Abstract No. 35, La Porte. Harris Countv, Texas. Zoning: General Commercial (GC) Use: Hotel Permit Conditions: 1. This SCUP is specifically for development of a hotel on Block 1150. 2. Any expansion or enlargement of this facility shall be prohibited. 3. Screening and/or landscaping adjacent to residential area shall be required in accordance with Section 106-444(a) of the Code of Ordinances. 4. Additional or at least 15% landscaping and screening must be provided along Little Cedar Bayou Drive to insure an attractive appearance of the development. 5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 6. Existing vegetation and trees shall remain in place along Little Cedar Bayou Drive and South 8th Street. 7. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential properties in compliance with Section 106-521 (a) of the Code of Ordinances. 8. Sanitary sewer extension to and through the property will be the responsibility of the owner/developer. 9. Truck parking shall not be permitted. 10. 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. 11. Harris County Flood Control District (HCFCD) criteria for detention/drainage system and approval shall be applicable. 12. Detention maintenance is the sole responsibility of the owner/developer. 13. Property line fence shall not be erected within the required landscaped portion of any yard or the front yard setback per Section 106-797 of the Code of Ordinances. 14. All new fencing and signage shall require a separate permit from the City's Inspection Division. 15. This permit does not become valid until a Development Site Plan is reviewed and approved in accordance with the requirements of the Development Ordinance. 16. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. ExHIBIT D 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 There were no responses received to date from the public notices.