HomeMy WebLinkAbout06-19-08 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission Minutes
PLANNING AND ZONING COMMISSION
MINUTES OF JUNE 19, 200S
Members Present:
Pat Muston, Dottie Kaminski, Doretta Finch, Nick Barrera, Paul Berner, Kirby Linscomb,
Jr., and Hal Lawler (A It 1)
Claude Meharg and Les Bird (Alt 2)
Members Absent:
City Council Present: Council Members Louis Rigby, Georgia Malone, and Tommy Moser
City Staff Present:
City Manager, Ron Bottoms; Planning Director, Tim Tieljens; City Planner, Masood
Malik; Assistant City Attorney, Clark Askins; Planning and Zoning Secretary, Peggy Lee
Others Present:
Numerous citizens
1. CALL TO ORDER.
Meeting called to order by Chairperson Muston at 6:00 p.m.
2. CONSIDER APPROVAL OF MAY 15, 200S, MEETING MINUTES.
Motion by Dottie Kaminski to approve the Minutes of May 15, 2008. Second by Paul Berner. The
motion carried.
Ayes:
Nays:
Abstain:
Kaminski, Berner, Finch, Barrera, Linscomb, Lawler, and Muston
None
None
3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT
REQUEST #SCUOS-002 FOR 2.5 ACRES OF LAND, LOTS 1 THRU 32, BLOCK 1150, AND
ABANDONED ALLEY, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA
PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY HKP INVESTMENT, INC. FOR THE
DEVELOPMENT OF A HOTEL TO BE LOCATED AT 1332 SOUTH STH STREET. HOTELS AND
MOTELS ARE CLASSIFIED AS A CONDmONAL USE WHEN ADJACENT TO RESIDENTIAL
ZONED PROPERTIES PER THE CODE OF ORDINANCES.
Chairperson Muston opened the public hearing at 6:02 p.m.
A. STAFF PRESENTATION
Staffs Report was presented by Masood Malik, City Planner. The applicant, HKP Investment,
Inc., has requested a special conditional use permit to develop a three-story hotel at 1332 South
8th Street
Public notices were mailed to 24 property owners located within 200' from the subject property.
The City received five responses in opposition from property owners within 200' and one in
favor. Two responses in opposition were received from property owners outside the 200'
boundary.
B. PROPONENTS
Ken Patel, of Baytown since 1977, addressed the Commission. Mr. Patel proposes to develop
a Choice Hotel, Sleep Inn and Suites. The hotel would generate tax revenue and employment
opportunities for the City, benefiting the community and local economy.
Planning and Zoning Commission
Minutes of June 19, 2008
Page 2 of 3
Mr. Patel answered questions from the audience related to lighting, privacy windows, and
entrances to the hotel.
C. OPPONENTS
Kathy Strader, 1512 Poplar Cove for 32 years. Ms. Strader stated the location of the proposed
hotel would have a negative impact on her home. According to Ms. Strader, there are 581
existing hotel rooms in La Porte with another 220 rooms being built. She noted that streets in
the neighborhood already flood and this development will worsen the problem.
Georgia Malone, 1411 Hwy. 146-S for two years. Ms. Malone stated that the proposed location
is not conducive for development of a hotel, citing the lack of direct access to a major
thoroughfare and taking into consideration the condition of 8th Street. She also expressed
concern about the building height and child safety, as there are children and teens that walk and
ride bikes in the area.
Barbara Norwine, 202 S. Lobit, collected 20 signatures in opposition. Ms. Norwine does not
believe the hotel would be good for the area. She expressed concern for the safety of children
at the park and wave pool.
Margaret Anderson, 909 Garden Walk for 31 years. Ms. Anderson submitted a list of 21
signatures from persons opposing the hotel development. Ms. Anderson listed reasons the
hotel would change the privacy, security, and character of the existing neighborhood: transient
traffic, 8th Street can't handle additional traffic, additional traffic problematic without light at 8th
and Fairmont, residents' concerns regarding Little Cedar Bayou, and decreased property
values. If the Planning & Zoning Commission decides to recommend Council approval of the
hotel, Ms. Anderson requested the following restrictions be applied: move the north parking lot
to the south, build a fence and greenbelt outside the fence on the south side of the property,
install frosted windows on the south side of the hotel.
Patricia Clark, 3817 Ashwood Circle. Ms. Clark has a home behind the hotel being built on
Fairmont Pkwy. She requested the Commission take into account the lives that will be affected
if this hotel is approved.
Wanda Pomonis, 1410 Cypress Cove since December 2003. Ms. Pomonis and her children
would no longer feel safe to walk in the area if the hotel is built. She mentioned drainage
problems on her street and suggested a park be built as an alternative to the hotel.
Brad Bran, 1406 Cypress Cove, spoke about problems with excess lighting, noise, trash,
flooding, and "ladies of the night" if the hotel is approved. He also cited the poor condition of 8th
St and the need for a traffic light at 8th and Fairmont.
Phillip Hoot, 927 Seabreeze. Mr. Hoot stated that the hotel's design is property friendly, but not
neighborhood friendly. Mr. Hoot believes there are too many hotels in town already. He spoke
about how drainage works.
4. CLOSE PUBLIC HEARING
Chairperson Muston closed the public hearing at 6:46 p.m.
With approval from Chairperson Muston, Planning Director Tim Tietjens responded to questions from
the audience regarding Little Cedar Bayou drainage, truck routes/parking, and proposed building
elevation.
Suggestions offered as additional requirements included:
Planning and Zoning Commission
Minutes of June 19,2008
Page 3 of 3
· Advanced technology lighting
· Build a small section of unimproved 9th Street and move the driveway from Little Cedar Bayou
Drive to 9th Street.
· Installation of onsite security cameras
· Flip development 180 degrees
· Opaque windows
· Fence and additional landscaping, including trees, along south side
Chairperson Muston re-closed the hearing again at 7:15 p.m.
5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE
PERMIT REQUEST #SCUOS-002.
Motion by Paul Berner to table a recommendation to City Council regarding Special Conditional Use
Permit Request #SCU08-002. Second by Dottie Kaminski. The motion failed.
Ayes:
Nays:
Abstain:
Berner and Kaminski
Linscomb, Barrera, Finch, Lawler, and Muston
None
Motion by Nick Barrera to recommend to City Council, denial of Special Conditional Use Permit
#SCU08-002. Second by Kirby Linscomb. The motion carried.
Ayes:
Nays:
Abstain:
Barrera, Linscomb, Berner, Finch, Lawler, Kaminski, and Muston
None
None
6. ADMINISTRATIVE REPORTS
There were no administrative reports.
7. COMMISSION COMMENTS
There were no comments from the Commission.
S. ADJOURN
Motion by Paul Berner to adjourn. Second by Doretta Finch. Chairperson Muston adjourned the
meeting at 7:25 p.m.
Submitted by,
Peggy Lee
Secretary, Planning and Zoning Commission
Approved on this
day of
,2008.
Pat Muston
Chairperson, Planning and Zoning Commission
Special Conditional Use Permit
#SCU08-005
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Draft SCUP
E. Site Plan
F. General Plan
Special Conditional Use Permit #SCU08-005
Planning and Zoning Commission
July 17, 2008
Location of Proposed Development Old Underwood Road
Legal Description A parcel of land being Reserve D out of a 206.990
acre tract in the F.A. Staashen subdivision out of
the Enoch Brinson Survey, Abstract-5, La Porte,
Harris County, Texas.
Applicant Clay Development & Construction, Inc.
Present ZoniDlZ Planned Unit Development (PUD)
Acreage 10.64 acres
Surrounding Zoning Planned Unit Development (PUD) and Light
Industrial (Ll)
Land Use Plan Industrial
Activity Proposed Office/Warehouse Facility
Summary:
. The applicant is requesting a Special Conditional Use Permit for developing office/warehouse facility for
Packwell II within Underwood Business Park.
. Underwood Business Park is located along Old Underwood Road and south of State Highway 225.
· Underwood Business Park started with the development of "Poly One" located at 10100 Porter Road. Later,
development plans for 900,000 sq. ft. and 400,000 sq. ft and various other distribution/warehousing buildings
were approved and the construction of these buildings is complete.
· The subject property is zoned Planned Unit Development (PUD) and per ordinance requires a Special
Conditional Use Permit (SCUP).
· Proposed project will be located along Porter Road, a 60' ingress/egress and utility easement within the
business park.
. Battleground Industrial Park is located to the north ofthis property.
. Property is in the vicinity of major industrial developments.
. The area is earmarked for industrial uses in the Land Use Plan.
. The overall impact on public services should be minimal.
Recommendation:
All applicable elements of the Comprehensive Plan were reviewed and incorporated into this development
proposal. Staff recommends approval of the Special Conditional Use Permit with the following conditions:
I. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer recognizes
and understands that any future construction or development ofthe 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, and covenants.
2. Provide on-site improvements, loading and unloading rampslbays that adequately handle the volume
associated with this office and warehousing facility.
3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be
specified.
4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression
requirements, and fire hydrant placement shall be specified on the development site plan.
5. 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.
6. Amount and type oflandscaping shall be specified on the plan. Provide an irrigation system to ensure that
all landscaping is properly maintained by the owner/developer.
7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the
State of Texas.
Actions required by the Commission:
· Recommend to Council approval of this SCUP with conditions.
· Recommend to Council denial of this SCUP.
· Recommend tabling this SCUP for further review.
EXHIBIT A
EXHJBJT
.....
'f4;
1i.I
Staff Report
July 17, 2008
Requested by:
Requested for:
Location:
Present Zonin2::
Requested Use:
Back2:round:
Analvsis:
Underwood Business Park
Packwell II
Special Conditional Use Permit #SCU 08-005
Clay Development & Construction Inc.
c/o Danny Martin
10.64 acre tract out of 206.990 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel 1 under the Harris County
Clerk's File No. M032856, La Porte, Harris County, Texas.
10050 Porter Road off Old Underwood Road
Planned Unit Development (PUD)
Office/Warehouse Facility
A business park site consisting of approximately 207 acres located to
the south of State Highway 225 and the Battleground Industrial Park
located along Old Underwood Road. Underwood Business Park is an
approved business/industrial complex located within the Planned Unit
Development (PUD) zone along Old Underwood Road. The first phase
of this project was initiated in May 2005 with the development of
Poly One Corporation located at 9710 Porter Road. Subsequent
buildings were built within the business park each with a Special
Conditional Use Permit.
The developer is proposing an office/warehouse facility consisting of
198,750 sq. ft. on a parcel ofland being all of Reserve D in the replat of
Underwood Business Park. The facility will have an entrance along
Porter Road, a 60' wide ingress/egress and utility easement within the
park off Old Underwood Road, near Battleground Road and State
Highway 225.
The subject property is zoned Planned Unit Development (PUD).
Development in a PUD zoning district requires an application for a
general plan be filed and processed simultaneously with the Special
Conditional Use Permit.
Section 106-659 of the Code of Ordinances establishes the following
criteria for review of development projects within a PUD zone.
Land Use - The City's Land Use Plan shows this area developing with
industrial uses. The existing land uses of nearby properties are
predominantly industrial. The Battleground Industrial Park is located
just north of this development. In addition, the Battleground Industrial
EXHJBJT C
Underwood Business Park
SCUP #08-005 (Packwell II)
7/17/08 P &Z Meeting
Page 2 of3
Conclusion!
Recommendation
District - Extra Territorial Jurisdiction (ETJ) of La Porte is located
north of State Highway 225.
Transportation - The project is located near State Highway 225 and
Battleground Road, a primary arterial and major truck route. As a
result, this project provides more than adequate accessibility for
circulation of traffic. All traffic entering/existing will be through Porter
Road along Old Underwood Road. There should be very limited impact
on traffic flow within the vicinity, even after full implementation of the
business park. In addition, the traffic shall not be directed south of
Underwood Road as per plan submitted by the developer.
Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water, but require upgrading for fire
protection in the area. In addition, provisions must be made to ensure
sufficient utility extensions are provided to serve this development.
Storm water drainage will be managed by on-site detention to mitigate
any adverse impacts associated with this proposed development.
Staff feels that the project has potential and would make a significant
impact on economic development within the City of La Porte. Based
on the above analysis, staff recommends approval of the General Plan
and Special Conditional Use Permit 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. Show all improvements on the site plan.
Underwood Business Park
seup #08-005 CPackwe11 II)
7/17/08 P&Z Meeting
Page 3 of3
. Fire truck access, fire suppression requirements, and fire hydrant
placement shall be specified on the plans. Fire protection on the
rail side must be provided and shown on the site plan.
. 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 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 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.
. Continue the public hearing at the Commission's next regular
meeting to allow additional testimony and further study of this item.
This results in tabling any action on this item.
City of La Porte
Special Conditional Use Permit # SCU 08-005
This permit is issued to:
Clav Development & Construction, Inc.
Owner or Agent
800 Gessner, Suite 850, Houston TX 77024
Address
For Development of:
Packwellll (198,750 SF.)
Development Name
10050 Porter Road off old Underwood Road
Address
Legal Description:
10.64 acres of land beinq Reserve "D" in a 206.990 acre tract
Out of Enoch Brinson Survey, A-5, La Porte, Harris County, TX.
Zoning:
Planned Unit Development (PUD)
Use:
Office/warehousinq facilitv
Permit Conditions:
1. 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, and covenants.
2. Provide on-site improvements, loading and unloading ramps/bays that adequately handle
the volume associated with this office and warehousing facility.
3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire
requirements should be specified.
4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire
suppression requirements, and fire hydrant placement shall be specified on the
development site plan.
5. 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.
6. Amount and type of landscaping shall be specified on the plan. Provide an irrigation system
to ensure that all landscaping is properly maintained by the owner/developer.
7. 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
EXH\B\l ~ f
Director of Planning
Zone Change Request
#R08-001
Exhibits
A. Commission Action Request
B. Area Map
C. Staff Report
Zone Change Request #R08-001
Planning and Zoning Commission
July 17,2008
1241 Underwood Road
Lots 367, 368, 369, and 370, La Porte Outlots
SWINC Ac uisition c/o Marcus Deal
General Commercial & Lar e Lot Residential
Planned Unit Development (PUD)
21.289 ac.
North General Commercial (GC) & LL
East Large Lot Residential (LL)
South General Commercial (GC) & LL
West Cit of Deer Park
Commercial and Residential
Ex ansion to the existin business
Summary:
. The applicant is requesting rezoning of the subject property from
General Commercial (GC) and Large Lot Residential (LL) to
Planned Unit Development (PUD).
· SWINC Acquisition Inc. is the current owner of the said property
and business operation is commercial! industrial in nature.
· The property has multiple zoning classifications and front portion of
the facility has been operating as pre-existing and non-conforming.
· Landscaping/screening and buffering mechanism shall be
implemented to the south and east side of this tract adjacent to the
abutting residential uses.
· The property is in the vicinity of commercial and industrial
developments.
· The effect of the change would have an impact on the surrounding
properties.
· The requested change is not compatible with the present zoning and
current uses of the nearby properties.
· In addition, it is contrary to the intent of the Land Use element of the
Comprehensive Plan and compromises the optimal viability of the
remaining undeveloped residential zoned property.
Recommendation:
Staff recognizes the impact of being unable to utilize the contiguous
property for a use, which previously exists on the tract. Staff supports the
development but the change from General Commercial (GC) and Large Lot
Residential (LL) to Planned Unit Development (PUD) would have long
range impact on the future development of this area.
Actions required by
the Commission:
· Recommend to Council approval of this rezone request from
General Commercial (GC) and Large Lot Residential (LL) to
Planned Unit Development (PUD).
· Recommend to Council denial of this rezone request from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD).
· Table this item for further consideration by the Commission.
EXHIBIT A
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EXHIBIT B
Staff Report
July 17,2008
Zone Change Request #R 08-001
Requested by: SWINC Acquisition, Inc. c/o Marcus Deal
Requested for: 21.289 acres being out of Lots 367, 368, 369, 369A,
and 370, La Porte Outlots
Location: 1241 Underwood Road
Land Use: Commercial and Residential
Present Zoninl!: General Commercial (GC), Large Lot Residential (LL)
Requested Zoninl!: Planned Unit Development (PUD)
Surroundinl! Zoninl!:
North - GC, LL
South - GC, LL
East - LL
Back!;!round:
The property in question consists of 21.289-acres described as being out of
lots 367,368,369, 369A, and 370 of the La Porte outlots (Volume 61, Page
374 as per H.C.D.R.) and being situated in the Enoch Brinson Survey,
Abstract No.5 and N. Clopper Survey, Abstract No. 198, City of La Porte,
Harris County, Texas. The subject tract has existing buildings used as
administrative office and mechanical shops. A front portion of the facility
has been used for miscellaneous shop fabrication since the mid 1990's. The
subject property is within the vicinity of commercial and light industrial
facilities along Underwood Road.
The existing facility primarily houses personnel and equipment associated
with the maintenance and construction operations in and around Harris
County and the Gulf Coast Region. The facility is also involved in
miscellaneous shop fabrication of metal products; however, the process
occurs inside the mechanical shop and is not visible to the public. The
applicant wants to expand the business by utilizing the property to the fullest
extent by using some of the buildings for activities such as pipe compression,
cutting pipe to size, distribution of steel pipe and tubes, light fabrication, and
outside storage of pipes, etc.
EXHJBIT C
#R 08-001
P&Z 7/17/08
Page 2 of 4
The entire property was previously covered with miscellaneous construction
debris and materials. Some of the portable buildings were in bad shape and
needed repairs immediately. There were unused concrete foundations and
sidewalks throughout the property. Since being taken over by the current
owner, all unused material, equipment and unnecessary buildings have been
removed as a part of cleanup of the property.
While reviewing this request, staff discussed the following options:
· Pre-existing and non-conforming use and/or structures
· Rezoning - Planned Unit Development (PUD)
The fust option involves non-conforming issues associated with this site; a
portion of fence encroaches into the front setback, site drainage, and
fabrication of metal products. The fabrication of metal products is a non-
conforming use in GC, and exterior material storage and work activities
within the Large Lot Residential (LL) district are prohibited. In order to
expand the present business within present zoning designations, the applicant
must obtain approval from the City's Zoning Board of Adjustment (ZBOA).
The second option is to request a zone change. The tract in question
comprises 21 acres, of which, approximately 15 acres are zoned LL. If
rezoned, the new zoning district would be surrounded on all sides by
residentially zoned property, except along Underwood Road. There is
another Planned Unit Development (PUD) zoned property in close proximity
to this tract, which is a 187 -acre tract owned by Clay Development MIS
Underwood Business Park. H. B. Zachry, the facility to the south of the
subject property, is also non-conforming.
The purpose of the PUD district is to provide for the grouping ofland parcels
for development as an integrated unit as opposed to traditional parcel by
parcel and unplanned approach to development. It provides flexibility of site
design through conditional use provisions. It is further intended that planned
unit developments are to be characterized by central management, common
use of parking, detention, maintenance of open spaces or other facilities, and
efficient distribution of uses.
The applicant has pursued the second option of rezone to Planned Unit
Development (PUD). Using this scenario, the applicant is requesting to
rezone the property from GC and LL to PUD; where, existing use of the
facility is a permitted use as per Section 106-521, Table A, Industrial Uses.
The rezone to PUD would alleviate the non-conforming use while other site
improvements and irregularities would need to be addressed. If the zone
change is approved, the applicant's other non-conformities must be resolved
through a Special Conditional Use Permit.
#R 08-001
P&Z 7/17/08
Page 3 of4
Analvsis:
The City is composed of numerous types of development, which are closely
interrelated and interdependent with one another. With careful consideration
and planning, this interrelationship may be beneficial to the whole
community.
The relationship of the applicant's proposal to the Comprehensive Plan
needs to be emphasized as much as possible. In considering this request,
Staff reviewed the following elements of the Comprehensive Plan.
Land Use - The City's Land Use Plan indicates this area developing with
commercial and residential uses. These uses are typically not as intense as
the industrial land use, which the applicant's request would be categorized.
Conformance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying a rezoning
application. Other criteria may include:
· Character of the surrounding and adjacent areas;
· Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
· Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
· Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
· Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
· Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
· The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
Transportation - The property in question has approximately 500 feet of
frontage along Underwood Road. Any proposed expansion may increase
traffic to the area. Underwood Road, which becomes Battleground Road, a
primary arterial with 100-ft. right-of-way, should accommodate the traffic
generated by this development. However, additional study would be required
to determine if additional parking would be needed and to determine the
extent of the increase in traffic to the site.
#R 08-00]
P&Z 7/17/08
Page 4 of 4
Conclusion!
Recommendation:
Utilities - Currently, the site has sufficient water and sewer facilities to
serve this development. It will be applicant's responsibility to provide any
structures or improvements necessary to accommodate increased demand of
water and sanitary sewer for future development. Storm water management
is also an issue that will be carefully reviewed with the site development
plan. On-site detention shall be required for the property. Neighboring
residents have voiced their concerns about flooding and improper drainage
of the facility.
Based on the above analysis, staff finds that the requested change is not
compatible with the present zoning and current uses of the nearby properties.
Staff recognizes the impact of being unable to utilize the contiguous property
for a use, which previously exists on the tract. The change from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD) would have long range impact on the future
development of this area. In addition, it is contrary to the intent of the Land
Use element of the Comprehensive Plan and compromises the optimal
viability of the remaining undeveloped residential zoned property.
It should be noted that the general commercial portion of the facility has
operated legally as a nonconforming use. Approval or denial of this request
will in no way interfere with this facility's right to continue to operate in this
manner in the future. However, because the applicant previously lost the use
of the rear of the facility for storage/exterior fabrication, a POO is the only
way to regain the use for that purpose.
A Planned Unit Development (PUD) zone might be considered for a defmed
transitional period allowing limited industrial use with the eventual
implementation of the underlying land use at the end of said transitional
period as applied in the Special Conditional Use Permit (SCUP).
Options available to the Commission are:
· Recommend to Council approval of this rezoning request.
· Recommend to Council denial of this rezoning request.
· Table the item for further consideration by the Commission.
Special Conditional Use Permit
#SCU08-004
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Draft SCUP
E. Site Plan
Special Conditional Use Permit #SCU08-004
Planning and Zoning Commission
July 17,2008
Location of Proposed Development 1241 Underwood Road
Legal Description Approximately 21.289 acres of land, being out of
lots 367, 368, 369, and 370 La Porte OutIots in the
Enoch Brinson Survey, Abstract No.5, La Porte,
Harris Countv, Texas.
Applicant SWINC Acauisition (Marcus Deal)
Present Zoning General Commercial (GC) & LL
Acreage 21.289 acres
Surrounding Zoning General Commercial and Large Lot residential
Land Use Plan Commercial & Residential
Activitv Proposed Business expansion
Summary:
· Applicant is requesting a Special Conditional Use Permit for an existing business expansion at 1241
Underwood Road.
· The subject property is located within proximity to Batt]eground Road and State Highway 225.
· Per Section 106-637 of the Code of Ordinances, a Special Conditional Use Permit is required for proposed
development within a Planned Unit Development (PUD) zone.
· The current owner worked diligently with the staffto address the citizen concerns.
· The overall impact on public services should be minimal.
· 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. Planned Unit Development (PUD) status shall allow light industria] use consisting of construction,
maintenance, and fabrication activity for a period of twenty (20) years from the date of City Council approval
and may continue with an annual zoning permit issued to extend the use for up to five I-year renewals after said
20 year period.
2. The long term Land Use Plan, in effect at the end of the said twenty years period plus five I-year renewals shall
remain the intended use of the PUD property. As a condition of this Special Conditional Use Permit, the land
use shall thereafter conform to the Land Use Plan of the City. Planned Unit Development (PUD) zone ceases at
such time as the land is developed in accordance with the underlying land uses of the City's Land Use Plan in
effect at that time.
3. Provide 100' setback from the east and south property line adjacent to residential for buffering purposes with all
other setbacks as required.
4. No activity/storage shall be allowed within the setback and any other easements at site.
5. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas along east and
south portions of the perimeter adjacent to the residential zoned properties.
6. Landscaping shall be maintained by the owners/tenants.
7. The facility shall only operate between hours of6 am. and 10 pm.
8. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the nearby
residential properties in compliance with Section 106-52 I (a) of the Code of Ordinances.
9. Outside storage or lay down yard area shall be improved to a dust free surface.
10. All driveway improvements must adhere to the City of La Porte's paving design standards for
commerciaVindustria] establishments.
II. On and off-site drainage whether existing or planned shall have a net zero effect for storm water runoff to
surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City
Engineer.
12. Applicant must submit to the City, a certified site plan for any proposed improvements in accordance with the
requirements of Deve]opment Ordinance No. 1444 and in compliance with a Special Conditional Use Permit
approved by City Council.
13. Any new signage requires a separate sign permit from the City and shall be of monument type not to exceed ten
feet in height.
]4. Exterior building design shall be approved by the City. EXHIBIT A
Special Conditional Use Permit #SCU08-004
Planning and Zoning Commission
July 17,2008
15. The zoning permit shall be required.
16. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
17. Lighting is not allowed to illuminate the adjacent residential properties.
18. No overnight activities are allowed on the premises.
Actions required by the Commission:
· Recommend to Council approval of this SCUP with conditions.
· Recommend to Council denial ofthis SCUP.
· Recommend tabling this SCUP for further review.
EXHJBJT ,8
Staff Report
SWINC Acquisition, Inc.
Special Conditional Use Permit #SCU08-004
July 17,2008
Requested by: SWINC Acquisition, Inc. c/o Marcus Deal
Requested for: 21.289 acres being out of Lots 367, 368, 369, 369A,
and 370, La Porte Outlots
Location: 1241 Underwood Road
Land Use: Commercial and Residential
Present Zonin!!: General Commercial (GC), Large Lot Residential (LL)
Requested Zonin!!: Planned Unit Development (PUD)
Requested Use: CommerciallIndustrial Construction, Maintenance & Fabrication Yard
Back2round: This request is contingent upon approval of a zone change from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD). Section 106-637 of the Code of Ordinances sets
procedure for establishing a Planned Unit Development and subsequent
review.
The subject tract is 21.289 acres ofland described as being out oflots 367,
368, 369, 369A, and 370 of the La Porte Outlots, City of La Porte, Harris
County, Texas. The facility has been used for miscellaneous shop fabrication
since the mid 1990's. The subject property is within the vicinity of
commercial and light industrial facilities along Underwood Road and close
proximity to the Battleground Industrial District.
The properties surrounding the site show a 188-acre tract owned by the
Union Pacific Railroad (UPRR) and a 20-acre tract by Centerpoint Energy to
the north, H. B. Zachry's facility is located along with residential acreage to
the south, and other residential acreage to the east zoned LL, Large Lot
Residential.
Analvsis:
Section 106-659 of the Code of Ordinances establishes the following criteria
for review of development projects within a PUD zone.
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as commercial uses along Underwood Road and residential to
the east with adjacent tracts as large acreage and single-family dwellings.
EXHIB)l C
#SCU08-004
P & Z (7/17/08)
Page 2 of 4
The existing land uses of nearby properties to the north and south are
primarily commercial/industrial.
Zoning Classifications - Staff met with the current general manager to
assist with the understanding of various zoning classifications, restrictions,
and bring the facility into compliance while allowing operation of any pre-
existing, non-conforming use. A zoning permit has been issued authorizing
an employment service group in the General Commercial (GC) zoning
district along Underwood Road. The applicant wants to expand business
activities by utilizing the entire property to its fullest extent.
Upon complaints from the neighboring residents for extended business
operations, the company initiated steps to remove outside storage and
business activities in the residential zoned property. The company also
expressed the desire to be neighborhood compatible with painting the
building located along the south property line, landscaping and screening
along the south property line to control dust, noise, and other pollution. In
addition, staff suggested additional setback requirements for the proposed
laydown yard and other business activities to the rear and south property
line adjacent to neighboring residential. The adjacent residences may cause
several specific conditions to be examined for this site:
· Activities within a typical lay down yard or an outside storage will
have an adverse impact on the adjacent residential neighborhood
(e.g. noise, dust and light).
· Landscaping/screening could form a natural barrier between the
existing business and the residential area to the south and east sides.
Consideration must be given to a heavy landscaping screen and
possibly additional setback for the proposed development to shield
the business activities from the adjacent homes and the other
residential acreage.
Transportation - The property is located along Underwood Road, 100'
wide right-of-way and near Battleground Road, a primary arterial runs north-
south off State Highway 225. 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
facility and the proposed development should not conflict with the
Thoroughfare Plan.
Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development.
#SCU08-004
P & Z (7/17/08)
Page 3 of 4
Conclusion!
Recommendation:
Open Space/Landscape Plan - The property abuts commercial uses along
Underwood Road 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 street. If approved, additional side and rear yard setbacks
along with the proposed landscaping should result in a facility that is
attractive and compatible with surrounding properties.
Utilities - There are sufficient water distribution facilities along Underwood
Road to supply potable water and fire protection to this development.
Sanitary sewer service is readily available to this site.
Drainage - This project would add a significant amount of storm runoff due
to an increase in impervious cover (pavement). Particular attention must be
given to the impacts of stormwater runoff effects on the residential side,
unchecked runoff would have a negative impact on the adjacent residential
zoned properties.
Staff recognizes that Special Conditional Use Permit request does not
conform to the land use for this area, 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:
1. Planned Unit Development (PUD) status shall allow light industrial
use consisting of construction, maintenance, and fabrication activity
for a period of twenty (20) years from the date of City Council
approval and may continue with an annual zoning permit issued to
extend the use for up to five I-year renewals after said 20 year
period.
2. The long term Land Use Plan, in effect at the end of the said twenty
years period plus five I-year renewals shall remain the intended use
of the PUD property. As a condition of this Special Conditional Use
Permit, the land use shall thereafter conform to the Land Use Plan of
the City. Planned Unit Development (PUD) zone ceases at such time
as the land is developed in accordance with the underlying land uses
of the City's Land Use Plan in effect at that time.
3. Provide 100' setback from the east and south property line adjacent
to residential for buffering purposes with all other setbacks as
required.
4. No activity/storage shall be allowed within the setback and any other
easements at site.
#SCU08-004
P & Z (7/17/08)
Page 4 of 4
5. Landscaping/screening shall be required as per Section l06-444(a)
within said setback areas along east and south portions of the
perimeter adjacent to the residential zoned properties.
6. Landscaping shall be maintained by the owners/tenants.
7. The facility shall only operate between hours of 6 am. and 10 pm.
8. All lighting in the parking lot shall be hooded and arranged to
deflect lights away from the nearby residential properties in
compliance with Section 106-521(a) ofthe Code of Ordinances.
9. Outside storage or lay down yard area shall be improved to a dust
free surface.
10. All driveway improvements must adhere to the City of La Porte's
paving design standards for commercial/industrial establishments.
11. On and off-site drainage whether existing or planned shall have a net
zero effect for stormwater runoff to surrounding areas and mitigate
any sheet flow or drainage corridor issues to the satisfaction of the
City Engineer.
12. Applicant must submit to the City, a certified site plan for any
proposed improvements in accordance with the requirements of
Development Ordinance No. 1444 and in compliance with a Special
Conditional Use Permit approved by City Council.
13. Any new signage requires a separate sign permit from the City and
shall be of monument type not to exceed ten feet in height.
14. Exterior building design shall be approved by the City.
15. The zoning permit shall be required.
16. The Developer shall comply with all applicable laws and
ordinances ofthe City and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP.
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial of this SCUP.
· Continue the public hearing at the Commission's next regular meeting to
allow further study of this item. This results in tabling any action on this
item.
City of La Porte
Special Conditional Use Permit # SCU 08-004
This permit is issued to:
SWINC Acquisition, Inc. (Marcus Deal)
Owner or Agent
1241 Underwood Road. La Porte, TX 77571
Address
For Development of:
SWINC Acquisition. Inc.
Development Name
1241 Underwood Road. La Porte, TX 77571
Address
Legal Description:
La Porte Outlots. La Porte. Harris County. TX
11.289 acres of land beinq out of Lots 367. 368. 3697370
Zoning:
Planned Unit Development (PUD)
Use:
Construction, maintenance, and fabrication yard
Permit Conditions:
1. Planned Unit Development (PUD) status shall allow light industrial use consisting of
construction, maintenance, and fabrication activity for a period of twenty (20) years from the
date of City Council approval and may continue with an annual zoning permit issued to extend
the use for up to five 1-year renewals after 20 year period.
2. The long term Land Use Plan, in effect at the end of the said twenty years period plus five 1-
year renewals shall remain the intended use of the PUD property. As a condition of this Special
Conditional Use Permit, the land use shall thereafter conform to the Land Use Plan of the City.
Planned Unit Development (PUD) zone ceases at such time as the land is developed in
accordance with the underlying land uses of the City's Land Use Plan in effect at that time.
3. Provide 100' setback from the east and south property line adjacent to residential for buffering
purposes with all other setbacks as required.
4. No activity/storage shall be allowed within the setback and any other easements at site.
5. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas
along east and south portions of the perimeter adjacent to the residential zoned properties.
6. Landscaping shall be maintained by the owners/tenants.
7. The facility shall only operate between hours of 6 am. and 10 pm.
8. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the
nearby residential properties in compliance with Section 1 06-521 (a) of the Code of
Ordinances.
9. Outside storage or lay down yard area shall be improved to a dust free surface.
10. All driveway improvements must adhere to the City of La Porte's paving design standards for
commercial/industrial establishments.
11. On and off-site drainage whether existing or planned shall have a net zero effect for
stormwater runoff to surrounding areas and mitigate any sheet flow or drainage corridor issues
to the satisfaction of the City Engineer.
12. Applicant must submit to the City, a certified site plan for any proposed improvements in
accordance with the requirements of Development Ordinance No. 1444 and in compliance with
a Special Conditional Use Permit approved by City Council.
13. Any new signage requires a separate sign permit from the City and shall be of monument type
not to exceed ten feet in height.
14. Exterior building design shall be approved by the City.
15. The zoning permit shall be required.
16. The Developer shall comply with all applicable laws and ordinances of the City and the
State of Texas.
EXHJBJT
f";o
U
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
Special Conditional Use Permit #SCU08-003
Planning and Zoning Commission
July 17,2008
Location of Proposed Development 942 South 14th Street
Legal Description Approximately 2.5 acre tract, lots 1-32, including
TR A abandoned alley, Block 867, Town of La
Porte, Johnson Hunter Survey, Abstract No.35, La
Porte, Harris County, Texas.
Applicant Pastor Karen Wilhelm
Present Zoninl! Lie;ht Industrial (LI)
Acreage 2.44 acres
Surrounding Zoning Light Industrial, General Commercial
Land Use Plan Commercial
Activity Proposed Women's Recovery Center
Summary:
. ApJ?licant is requesting a Special Conditional Use Permit for developing a women recovery center at 942 South
14 Street.
. The subject property is located to the west of Kroger shopping center along Fairmont Parkway at State Highway
146.
. Per Code of Ordinances, a Special Conditional Use Permit is required for the proposed development to be located
within a Light Industrial (LI) zone.
. Staff recognizes that development of the proposed facility at the subject property may create a problem with
adjoining properties, as most of the commercial establishments are located within the vicinity and along major
public roads.
. Commission's final consideration is whether granting this request observes the spirit of the ordinance. Based on the
facts noted in the staff report, the applicant's request may be contrary with the spirit of the ordinance, and may
promote the health, safety and welfare issues for the general public.
. The overall impact on public services 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. This Special Conditional Use Permit is specifically limited for a women's substance abuse recovery center.
2. Owner shall implement admission policy approved by the City, but not less than following:
. Residents shall be disallowed if convicted or any felony offense within three years prior to application, or
if convicted of any sex offense at any time.
. Residents shall not be minors.
3. Owner shall implement policies regarding continued residency approved by the City, but not less than the
following:
. Those submitted by the Light of Hope missionary.
. Residents shall not loiter, pan handle or exhibit any disruptive behavior on and off-property.
4. A certificate of non-profit organization shall be provided to the City.
5. Regular or frequent inspection log shall be kept in the building.
6. Entrance to the adjoining daycare center shall be separate.
7. No lounging around the parking and building shall be allowed.
8. Any noise level shall be closely monitored.
9. Maximum occupancy shall be posted at the building.
10. All building modifications under current codes shall be permitted by the City.
11. Restriping of the parking lot shall be required and layout plan be submitted to the City to determine adequate
parking.
12. Outdoor activities shall not be allowed in the parking areas and on the north side of the building.
13. No outside lights or any fixtures/equipment shall be allowed.
14. Any new signage requires a separate sign permit from the City.
15. Exterior building design standards, if proposed, shall be approved by the City.
16. Landscaping shall be maintained by the applicants/tenants.
17. A certificate of occupancy shall be required.
18. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
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Special Conditional Use Permit #SCU08-003
Planning and Zoning Commission
July 17,2008
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.
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Staff Report
July 17,2008
Christ Lutheran Church
Women's Recovery Center
Special Conditional Use Permit #08-003
Request:
Requested Bv:
Requested For:
Location:
Present Zoning:
Requested Use:
Background:
Analvsis:
Special Conditional Use Permit Request #08-003
Pastor Karen Wilhelm
Approximately 2.5 acre tract described as lots 1 thru 32, block 867, including
TR A abandoned alley, Town of La Porte, Johnson Hunter Survey, Abstract
No.35, La Porte, Harris County, Texas.
942 South 14th Street
Light Industrial (Ll)
Applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a women's recovery facility at 942 South 14th Street
near a major commercial center along Fairmont Parkway and State Highway
146. A Special Conditional Use Permit is required for the proposed
development to be located within a Light Industrial (LI) zone.
The applicant is working towards developing or converting a portion of an
existing building, which also houses a daycare center and resale shop, into a
halfway house for women, who are searching for help. The facility will be
used to provide physical, mental, and residential help to the women up to
one year for rehabilitation and to build healthier behaviors to become
responsible, healthy, and to live a normal life in the community. As per the
applicant, acceptance to this program will be made by a qualified board of
directors. The directors and staff will be educated and qualified to meet
the needs for this program. A copy of the rules and regulations pertaining
to the operation ofthe proposed facility is attached for your review.
Code of Ordinances Section 106-217 establishes the following review
criteria and conditions for approval of Special Conditional Use Permits:
.
That the specific use will be compatible with and not injurious to the use
and enjoyment ofthe other property, nor significantly diminish or impair
property values within the immediate vicinity.
.
That the conditions placed on such use, as specified in each district, have
been met by the applicant.
EXHJBJT
,"\
~
HalfWay House
SCUD8-DD3
Page 2 of 4
. That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare ofthe community.
Land Use - The City's Land Use Plan shows this area developing with
commercial uses. The existing land uses of nearby properties are
predominantly commercial. The subject property is in the vicinity of major
commercial retail developments or businesses along Fairmont Parkway and
State Highway 146. The proposed development is contrary to the intent of
the land use plan.
Building Codes - The proposal for this halfway house shows 18 women
plus house manager will live/sleep at the location, which will require a fire
sprinkler system. I-hour rated corridors, walls, ceilings, and doors shall be
placed between the resale shop and the halfway house. In addition, a manual
visible/audible fire alarm shall be required in the resident's sleeping areas.
Automatic smoke detection system shall be required for corridors, sleeping
units, kitchen, and waiting areas adjacent to corridors. For emergency escape
and rescue, each sleeping room must have a window or door that opens
directly to the outside. Other requirements for 19 occupants are 3 showers, 2
water closets, 2 lavatories, 1 service sink, and 1 water fountain. Compliance
with the State mandated Energy Code, Texas Accessibility Standards (TAS),
and American Disabilities Act (ADA) shall also be required.
Safety & Security - Public safety is one of the primary responsibilities of a
municipality, particularly with regard to health, security, and welfare of the
community. Strategic planning also mandates to provide for a safe and
secure living environment for the community's residents as well as a safe
destination for visitors to the City. It also protects property rights and
enhances property values. Enforcement of the general rules for operating this
facility is imperative. Any compromise of the rules, regulation, safety, and
security will result in a facility, which will be harmful and not in the best
interest of the community. A subject list of tentative policies and procedures
is as follow:
. Alcohol or drugs use
. Smoking
. Meetings/studies
. Medication
. Chores and duties
. Telephone usage
. Rent
. Curfew
. Job/employment
With strict compliance to the rules and regulations, the proposed use may
have minimal impact on the surrounding properties.
Half Way House
SCUD8-DD3
Page 3 of4
Transportation The transportation system should adequately
accommodate through traffic and continue to provide for free flow of people,
goods and services. There will be no new driveway added to this facility.
The traffic flow within and between the commercial developments and
throughout the community should not be affected by the proposed
development.
Utilities - Staff has reviewed 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. Sanitary sewer
service is available to the property. The applicant is to ensure that
infrastructure is in place to handle additional water and sewer service needs
for this development. As a developed property, storm drainage sheet flows to
the existing storm sewer system along South 14th Street.
If approved, the building and parking lot should comply with all applicable
zoning regulations. Restriping of the parking lot shall be required. The City's
design standard per Section 106-835 of the Code of Ordinances shall be
applicable for standard and accessible parking space size, and maneuvering
aisle width. The location of handicap parking spaces should be appropriate.
Access from the parking lot to the building seems to be reasonable. In
addition, staff will ensure that there will be no outside lighting in the parking
lot, to avoid any conflict with the surrounding properties.
In addition, landscaping of the property shall be required in accordance with
Section 106-444(a) of the Code of Ordinances. Landscaping shall be
maintained by the applicants. The building shall require a certificate of
occupancy, as regulated by Section 106-142 of the Code of Ordinances.
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:
. This Special Conditional Use Permit is specifically limited for a
women's substance abuse recovery center.
. Owner shall implement admission policy approved by the City, but not
less than following:
Residents shall be disallowed if convicted or any felony offense
within three years prior to application, or if convicted of any sex
offense at any time.
Residents shall not be minors.
. Owner shall implement policies regarding continued residency approved
by the City, but not less than the following:
Those submitted by the Light of Hope missionary.
Residents shall not loiter, pan handle or exhibit any disruptive
behavior on and off-property.
. A certificate of non-profit organization shall be provided to the City.
HalfWay House
SCD08-003
Page 4 of 4
. Regular or frequent inspection log should be kept in the building.
. Entrance to the adjoining daycare center should be separate.
. No lounging around the parking and building shall be allowed.
. Any noise level shall be closely monitored.
. Maximun1 occupancy shall be posted at the building.
. All building modifications under current codes shall be permitted by the
City.
. Restriping of the parking lot shall be required and layout plan be
submitted to the City to determine adequate parking.
. Outdoor activities shall not be allowed in the parking areas and on the
north side of the building.
. No outside lights or any fixtures/equipment shall be allowed.
. Any new signage requires a separate sign permit from the City.
. Exterior building design standards, if proposed, shall be approved by
the City.
. Landscaping shall be maintained by the applicants/tenants.
. A certificate of occupancy shall be required.
. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Table the item for further consideration by the Commission.
City of La Porte
Special Conditional Use Permit # SCU 08-003
This permit is issued to:
Pastor Karen Wilhelm
Owner or Agent
2530 S. Broadway, La Porte, TX 77571
Address
For Development of:
LiQht of Hope ( % house for women)
Development Name
942 South 14th Street. La Porte, TX 77571
Address
Legal Description:
Lots 1 thru 32, TR A. abandoned alley. Block 867, Town of La Porte
Johnson Hunter Survey, Abstract 35.La Porte. Harris County, Texas.
Zoning:
LiQht Industrial (L1)
Use:
Women Recover Center
Permit Conditions:
1. This Special Conditional Use Permit is specifically limited for a women's substance abuse recovery center.
2. Owner shall implement admission policy approved by the City, but not less than following:
. Residents shall be disallowed if convicted or any felony offense within three years prior to application,
or if convicted of any sex offense at any time.
. Residents shall not be minors.
3. Owner shall implement policies regarding continued residency approved by the City, but not less than following:
. Those submitted by the Light of Hope missionary.
. Residents shall not loiter, pan handle or exhibit any disruptive behavior on and off-property.
4. A certificate of non-profit organization shall be provided to the City.
5. Regular or frequent inspection log should be kept in the building.
6. Entrance to the adjoining daycare center should be separate.
7. No lounging around the parking and building shall be allowed.
8. Any noise level shall be closely monitored.
9. Maximum occupancy shall be posted at the building.
10. All building modifications under current codes shall be permitted by the City.
11. Restriping of the parking lot shall be required and layout plan be submitted to the City to determine adequate
parking.
12. Outdoor activities shall not be allowed in the parking areas and on the north side of the building.
13. No outside lights or any fixtures/equipment shall be allowed.
14. Any new signage requires a separate sign permit from the City.
EXH1B\1 D
15. Exterior building design standards, if proposed, shall be approved by the City.
16. Landscaping shall be maintained by the applicants/tenants.
17. A certificate of occupancy shall be required.
18. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to occupy the building 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 contract or agreement 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
L ig lit of J-fope
Catliy's JIngefs
~ J{ouse for Women
942 South 14th Street
LaPorte} %~as
77571
A ministry ofc:;gif.Jlzt;4 Christ, 2530 S. Broodway, LoPorte, Tx. 77571
W\^/w, !iqhtr)fchristeicQ, com
EXHIBJT E
LitJht oj1fope
Ministry of~ilJlwof Christ
Catliy)s Jlnge{
Director's T estimon'y:
God gave me a Vision. Let me back up betore I go there. I had
a sister who was killed in a car accident. Her disease took her
out one more time, and another's man disease killed her on her
wa'y home October 17, 200+. Her name was Cath'y and her
death has changed m'y lite. God gave me a Vision and a
purpose. This purpose is to get involved in helping women not
go out that "one more time." For Cath'y it is now too late but
her lite has purpose. The purpose is haunting me into a passion
to help those unnamed women who are searching tor help. I
pra'y that God directs them to LilJht o.fJlope where the'y
tind hope.......Cath.Y has become m'y motivator, m'y Angel and so
her name lives in Light ot Hope to work with me to keep m'y
Vision tocused on working with women who want a chance at
being whole and hol'y' LilJht o.fJlope, a ministr!j ot ~uyw
of Christ, is committed to helping to heal the brokenness in the
lite ot women and healing behavior that imprisons them in
themselves. Our Vision and Mission keeps us tocused and
dedicated to tulfill our purpose with the help ot God.
Vision Statement
United by GOD
Who Brings the LitJlit ofJ(ope
To Women in Recovery
:A1ission ,5tatement
Helping others is the Cornerstone to Recovery.
o ur GOD is our Foundation.
Peace grows by ACTS of Kindness.
Each day is a NEW beginning with GOD.
:Non-:Negotia6Ce
Light ofJ(ope
Catliy 's JIngelS. . .3/4 J{ouse of Women
Would you like to get involved in a remarkable way?
Our facility includes bedrooms, bathrooms and showers,
meditation rooms, meeting rooms, counseling areas.
You can Adopt a Room "in memory" of someone or" in
dedication"to someone to help keep her presence alive?
For example: LaPorte Ladies Group adopted a
bedroom in Loving Memory of Kathleen Hendrix
The Name of your group or person will be placed on a
plaque above the door of the room you adopt.
Adopting your room, including paint color and all
furnishings, must have Director's Approval. Anything
nailed or hung must be done properly taking utmost
consideration for the facility.
Conditions of Adoption:
1. Bedroom: Each bedroom will need two twin beds, two
nightstands with lamps. You will provide and apply paint,
provide and hang pictures and provide bedding. Please choose
furnishings and "nik naks" that will help to keep alive the
memory of the person you are honoring and they must be in
excellent shape and are appropriate and pleasing for a female
bedroom.
2. Bathroom: You will provide and apply paint, hang
appropriate wall plaques/pictures/decor. All furnishings
are to be in excellent shape and are appropriate for the
room you adopted.
3.Meditation Room: Provide and apply paint, provide
good quality furnishings, comfortable chairs, side tables,
lamps, book cases, plants (live or silk), wall plaques,
hangings, pictures or other appropriate decor. All articles
are in excellent shape and are appropriate for the room
you adopted.
4.0pen Meeting/Fellowship Room: This is Liglit of
Uope s largest, most exposed and highest trafficed
room with public entrance. Strong and comfortable sofas
and chairs in excellent shape, tables and book shelves
that match decor and appropriate pictures, hangings,
mirrors, plaques that blend with colors and design, are
what will take to memorialize this room.
Please contact: Director
Marie Meehan 713/248-9508
Assistant to the Director
Theresa Behr - 713/592-2297
Admission to Liglit ofJiope
Women requesting residency must:
1. Fill out application
2. Go through a background check
3. Provide a list of all medication currently taking
4. Be interviewed by designated panel of three people
5. Read, understand, and sign a copy of all documents.
After all paperwork is returned and interview is complete
you will be contacted, to confirm or deny the date and
time of your entry, by the Director.
Your signature indicates that you have read all
Rules, Policies & Procedures and that you agree to the
terms listed herein as conditions of becoming a Resident
of Light ofJiope.
Signature
Date
Witness
Date
-.
Catliy's)4ngelS... % J{ouse for Women
Rules with Zero Tolerance...that call for
immediate dismissal when broken.
1. No Violence
2. No Threats of Violence
3. No Weapons
4. No Stealing on or off Property (including food)
5. No Vandalism of Light ofJ[ope's property.
6. No Sexual Harassment
7. No Sexual Interaction on Property
8. No Drugs and/or Alcohol on or off Property
9. No Racial or Sexual Slurs
10. No Pornographic material of any kind on Property
!1. No new male relationships will be allowed
General Rules
Violation = write up. Three write ups = dismissal.
1. Men are not allowed at Light ofJ[ope except on Family Day.
2. You must be clean and sober for 30 days.
3. You will have background criminal check.
4. You may bring your car if it has valid insurance, stickers,
and drivers license.
5. You are not allowed to loan your car to another Resident.
6. A Resident's personal and private space and property includes
clothes closet, dresser drawers, plastic containers, personal
food, and hygiene items. Bedrooms are off-limits for visiting.
7. All Residents personal food and hygiene items must be clearly
marked and put in your bins. Refrigerator items must have name
and date.
9. Food is not allowed in bedrooms.
10. All residents are required to help prepare meals.
11. The only T.V. will be in the meeting/fellowship room.
12. Resident and staff must help keep all utility costs down.
Lights are out by 11:00 p.m. during the week and 12:00 a.m. on
weekends. Please turn off lights, fans, T.V. and electronic
devices when you leave a room. If water in toilets run
continuously, please notify staff immediately.
This is your home. Treat it as such.
13. Weekly, one hour in-house meetings, to resolve house and
Resident-related issues that have unfolded during the week are,
mandatory. If you are working let the Director, who sets the day
and time for the meeting know.
14. Light ofJiopewill provide (if needed):
* Bedding
* Bins (for food and hygiene supplies)
* Personal Hygiene Supplies (when available)
* Cleaning Suppl ies
* Towels
* Meals
* Laundry Facility
* Spiritual Counseling- (See Pastor Karen Wilhelm)
* Parking Space
16. Computer needs will be addressed on an individual basis.
Policies & Procedures
Table of Contents:
I. Alcohol or Drugs on Premise
II. Smoking on Premise
III. Meetings/Studies
IV. Medication
V. Chores and Duties
VI. Telephone Usage
VII. Rent
VIII. Curfew
IX. Job/Employment
I. Alcohol or Drugs on Premise
* UA stands for Urine Analysis
1. Any use of Alcohol or Drugs will result in immediate dismissal.
2. Refusal of a UA* will results in an immediate dismissal.
3. You must remain in living room until UA is completed.
4. A positive UA results in supervised vacating of property within
30 minutes.
5. Refusal of UA will be treated as a positive result.
6. Refusal to vacate on time will result in calling police to assist.
7. After a Weekend Pass (or extended curfew) all Residents must
submit a UA to the Director or House Manager on duty.
6. Each Resident is responsible to report to staff immediately
any suspicion she has of Drug or Alcohol use at Liglit ofJiope. If
you fail to report you will be written up.
II. Smoking on the Premise
Smoking is not allowed inside Liglit of Uope. Smoking is
ONLY aI/owed in DesignatedSmoking Areas outside.
Ashtrays must be used. Do'not throw butts on the ground.
Violation will result in being written up.
III. Meetings/Studies
Violation receives write up. Three write ups = dismissal.
All Residents must:
1. Have a 12 Step Program Sponsor.
2. Attend at least three (3) in-house 12 Step
Meetings a week which includes personally
signing the 12 Step Meeting Book each time.
Important points:
a)Liglit ofJ[ope has 12 Step Meetings on-site, Monday
thru Saturday at 12:00 p.m. and 8:00 p.m., and on
Sunday at 8:00 p.m. (Women Only)
b) Get a Sponsor and work the 12 steps with your Sponsor.
c) Everyone gets involved in "service to other projects' at
Liglit ofJ[ope.
d) Meetings set by Probation/courts are mandatory.
IV. Medications
Violation receives write up. Three write ups = dismissal.
1. Over-the-counter medications including mouthwash and
cough/cold medicines that contain alcohol and/or
Codeine is prohibited.
2. Narcotic pain medication and/ or benzodiazepines
(Xanax, Ativan, Klonopin) are prohibited.
3. Residents are responsible for supplying their own
medication refills.
4. Residents are not allowed to stop taking any medication
without their doctor's written permission.
5. Residents must submit an accurate and update list of their
medication at all times.
6. All medication must be locked in the Director's Office.
7. All medication will be distributed daily at 6:00 a.m. and
10:30 p.m. This may be subject to change as per
Doctor's prescription.
Important Point: Residents will not tattoo, share
razors or cut each other's hair. This is for your own
protection against infectious diseases transmitted
through blood - borne pathogens.
v. Chores and Duties
Violation receives write up. Three write ups = dismissal.
1. All residents will be responsible:
a) For cleaning their own bedroom and the bathrooms.
b) For daily chores in the common areas at Liglit of:J(ope.
2. Room checks will be conducted Monday nights, Wednesday and
Friday afternoons.
3. Mandatory "deep cleaning" takes place every Friday afternoon.
Between 2 p.m. and 4 p.m. all Residents are to give attention to
cleaning details that do not take place during the busy workweek.
This deep cleaning is subject to change by Director. The only
exception to full participation is when the Resident is working.
The Director will assign Alternative chores if this is the case.
4. Permission to leave Liglit of:J(ope after a "deep cleaning" day
is granted after chores have been completed and checked off by
staff.
a.) Please Note: Permission to leave will be withheld if
Resident did not complete their chores during the week.
5. A list of chores will be posted at Liglit of :J(ope. Residents
will be assigned chores by Director, and/or Assistant, and/or
House Manager.
6. It is the responsibility of every Resident to:
a.) Negotiate with someone to do your chores if you are working.
b.) Have chores completed by 10:30 p.m.
c.) You must complete laundry before leaving.
Unfinished Laundry will be cause for write up.
Don't start doing laundry after 10:00 p.m.
d.) Wash/dry and put away all your personal dishes immediately
after use. Nothing is to be left in the sink. Throw all paper
items in the trash. Make sure counters and floor is clean.
e.) Store all your toiletries (soap, shampoo, toothpaste, brush),
towels, and face cloths in your personal space after using.
f.) Keep your sleeping space neat and clean. Beds are made
every morning immediately after you get up.
g.) Clean up after yourself. You are required to take turns
doing dishes and pots and pans. DO NOT leave dishes for
someone else to clean-up after you.
VI. Telephone Usage
Violation receives write up. Three write ups = dismissal.
1. Residents must respect the anonymity of other Residents.
Resident information and all programs are confidential and must
not be discussed outside of Liglit of:J(ope. For personal
problems see the Director, Assistant to the Director, House
Manager or your Sponsor. Pastor Karen Wilhelm is available for
private crisis/spiritual counseling.
2. When someone calls and you are the only person available to
answer the phone, please do not confirm or deny someone's
status; just say Hello and ask if you can take a message.
a. If you answer the phone you are obligated to take a message.
b. All messages must be written on the message board.
It is each Resident's responsibility to check for messages.
c. Personal calls are allowed with a 10- minute time limit.
No long distance calls.
d. No calls after 10:30 p.m. This includes cell phones.
e. Cell phones are to be set on silent mode inside the house.
All cell phone conversations are to take place outside.
f. The primary purpose of the phone is to assist in obtain
employment and/or transportation and to schedule
appo i ntments.
g. Remember that phone use is a privilege at Liglit of :Hope.
Any illegal use will result in immediate dismissal and possibly
legal consequence.
VII. Rent
Violation receives write up. Three write ups = dismissal.
1. All Residents are required to pay a non-refundable deposit of
$160.00 which includes your first week's rent.
2. Rent thereafter is $80.00 per week, due on Friday.
3. You are provided with 3 Meals: Breakfast, Lunch, and Supper.
If you are working you will be provided with a sack lunch.
4. No rent money is reimbursed to Residents who relapse
or are dismissed from Liglit of Jlope.
VIII. Curfew
Violation receives write up. Three write ups = dismissal.
1. New residents will not be permitted to go onan overnight pass
or have an extended curfew the first 30 days (Including
weekends ).
2. Curfew for all new Residents is 10:00 p.m. seven (7) days a
week.
3. After 30 days, curfew is 10:30 p.m. Sunday thru Thursday and
12:00 a.m. Friday & Saturday.
4. After 30 days, all Residents are required to fill out and turn in
a pass request (or extended curfew request) to the Director for
approval.
* Please note: You must turn in your weekend pass in advance.
You will be notified if a pass is not approved.
5. Everyone returning from a weekend pass must report to the
meeting/fellowship area on Sunday by 6:00p.m.
6. If for any reason you are going to be late. You must call the
House Manager, the Director or the Assistant to the Director.
7. Please note: If there is a family emergency, please notify the
Director or the House Manager on duty. _
IX. J ob/Employment
Violation receives write up. Three write ups = dismissal.
1. All residents must be working, or diligently looking for a job,
volunteering, or taking full-time classes.
2. If you are disabled and can't work, you must be volunteering
your time somewhere in the community.
3. Residents are responsible to get yourself to and from work.
Staff or other Residents are not responsible for your
transportation. If a Resident is kind enough to provide
transportation you must give them money for gas.
4. Residents must sign in and out and include the location and time
of return, each time they leave. This is for your own protection
for emergencies.
5. Residents must return to Liglit ofJ[ope after work or school
each day, before going to a meeting in the evening.
6. If you must work overtime call and let the Director know.
7. Residents can not work mixing or serving alcohol.
ERIC LOWENTHAL
696 Rim Rock Road
Kerrville, TX 78028-7001
July 9, 2008
1m IE @ IE 0 [YJ IE m
1m JUL 102008 ~
Mr. Masood Malik, City Planner
City of LaPorte Planning Department
604 W. Fairmont Parkway
LaPorte, 1)( 77571
By
Re: SCUP #08-003 Permit Request
Dear Mr. Malik:
As trustee for nearby Blocks 863 and 866, I wish to register my opposition to the subject request and I
ask you to bring my protest to the attention of the Planning and Zoning Commission and the LaPorte
City Council.
It is my understanding that, if the permit request is granted, the building on Block 867 will also be used
as a half-way house. Persons living in half-way houses usually end up there for several reasons:
They have been released from a mental institution, are not yet rehabilitated and need
continued supervision.
They are drug users, child molesters or sex offenders, who, after incarceration, have
been ordered by the court to a half-way house for continued monitoring.
Proposed building modifications have not been available. Nevertheless, I am surprised that the applicant
would arrange to have persons of uncertain stability or questionable character housed next to a day
care center. I doubt that parents would knowingly keep their children in the adjacent facility. I wonder if
customers of the Kroger shopping center next door would feel comfortable knowing there is a half-way
house on the other side of the street. Likewise, a business operator would think twice before locating a
business across the street from a half-way house, thus depressing the value of nearby vacant land.
I have observed one half-way house in Kerrville, where the residents are often lounging around on the
front lawn without supervision and are not always inside. I have been told by neighbors of another half-
way house (in Houston), that the house is often noisy, that the house has been wantonly damaged and
not repaired - to the detriment of the neighborhood.
Half-way houses are generally government funded on a head count basis: the more people are housed,
the more money comes in. It is therefore in the interest of the owner to house the maximum number of
residents, and that, in turn, tends to allow the most deviant cases to be accepted also. This would apply
even to a not-for-profit operator, who would not want to have to subsidize the operation.
Although half-way houses are supposed to be inspected by a government agency regularly, we all know
that tight government budgets do not allow inspections as frequently as we all would like.
Consequently, a poor or unsafe operation of a half-way house may not be corrected for a long time: the
neighborhood - the City - would be the loser.
Thank you for giving your consideration to my concerns.
~
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EXH,'BIT
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