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HomeMy WebLinkAbout07-17-08 Regular Meeting and Public Hearings of the La Porte Planning and Zoning Commission Oath of Office ti' b OATH OF OFFICE I , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Sworn to and subscribed before me this day of 2008. Notary Public in and for the State of Texas q p Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF JULY 17, 2008 Members Present: Pat Muston, Dottie Kaminski, Doretta Finch, Nick Barrera, Paul Berner, and Hal Lawler (Alt 1) Members Absent: Kirby Linscomb, Jr. Claude Meharg and Les Bird (A It 2) c~ ~aff Present: Planning Director, Tim Tieljens; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; Chief Building Official, Debbie Wilmore, Inspection Services Coordinator, Sherry Jennings. Others Present: Numerous citizens 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF JUNE 19, 2008, MEETING MINUTES. Motion by Dottie Kqminski to approve the Minutes of June 19, 2008. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Finch, Barrera, Lawler, and Muston None None 3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU08-005 FOR 10.64 ACRES OF LAND BEING RESERVE "0" OUT OF 206.990 ACRES OF LAND LOCATED SOUTH OF STATE HIGHWAY 225 ALONG OLD UNDERWOOD ROAD, IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED BY CLAY DEVELOPMENT AND CONSTRUCTION, INC., FOR DEVELOPMENT OF AN OFFICE WAREHOUSE FACILITY (PACKWELL II) WITHIN THE UNDERWOOD BUSINESS PARK. Chairperson Muston opened the public hearing at 6:03 p.m. A. STAFF PRESENTATION Staffs Report was presented by Masood Malik, City Planner. The applicant, Clay Development, has requested a Special Conditional Use Permit' (SCUP) for developing an office/warehouse facility for Packwellll within the Underwood Business Park located south of State Highway 225. Public notices were mailed to four property owners located within 200' from the subject property. The City did not receive any responses from the maHout. B. PROPONENTS No one spoke in favor of the request. C. .OPPONENTS No one spoke in opposition to the request. Planning and Zoning Commission Minutes of July 17, 2008 Page 2 of 7 4. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:07 p.m. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCUOS-OOS. Motion by Paul Berner to recommend to City Council approval of Special Conditional Use Permit Request #SCU08-00S with the following conditions: · 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. · Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office and warehousing facility. · Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be specified. · 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. · 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. · 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. · The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Berner, Kaminski, Barrera, Finch, Lawler and Muston. None None 6. OPEN PUBLIC HEARING TO CONSIDER REZONE REQUEST #ROS-001 FOR 21.2S9 ACRES OF LAND LOCATED AT 1241 UNDERWOOD ROAD, FURTHER DESCRIBED AS LOTS 367, 36S, 369, 369A, AND 370, LA PORTE OUTLOTS, ENOCH BRINSON SURVEY, ABSTRACT 5, CITY OF LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, SWINC ACQUISITION, INC., SEEKS TO REZONE THE PROPERTY FROM GENERAL COMMERCIAL (GC) AND LARGE LOT RESIDENTIAL (LL) TO PLANNED UNIT DEVELOPMENT (PUD). Chairperson Muston opened the public hearing at 6:08 p.m. A. STAFF PRESENTATION Staffs Report was presented by Mr. Malik. The applicant, SWINC Acquisition, Inc. c/o Marcus Deal has requested a zone change for 21.289 acres located at 1241 Underwood for the purpose of expanding a business by utilizing the property to its fullest extent. Public notices were mailed to 12 property owners located within 200' from the subject property. The City did not receive any responses from the mailout. Planning and Zoning Commission Minutes of July 17, 2008 Page 3 of 7 B. PROPONENTS Marcus Deal spoke on behalf of SWINC, Acquisition, Inc. He spoke of the improvements that have been made, including landscaping and painting of the building. The property will be used as a laydown yard for storage of pipe. Delecia Turner, 9919 North P Street and 10105 North P Street stated she purchased 32 ac, and subdivided into four parcels. She noted that Shaw had been a good neighbor, but she prefers the open air compared to landscaping blowing in the breeze. C. OPPONENTS Denny Beecham, 9823 North P Street had concerns about possible noise from grinding and welding and at what times the noise might occur. Items also discussed were the fence (screening) and detention. He stated the wind blows the fence and then requires repair. Flooding issues are a concern. He stated 5-6 years ago a zone change was requested and was denied. He feels his life and property value have been degraded. 7. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:45 p.m. 8. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R08-001. The Commission discussed the request. Debbie Wilmore, Chief Building Official, reported there have been code enforcement violations at this location. She has visited the site with Mr. Deal and any violations were immediately corrected. Motion by Paul Berner to recommend to City Council approval of R#08-001. Second by Nick Barrera. The motion carried. Ayes: Nays: Abstain: Kaminski, Berner, Finch, Barrera, Lawler and Muston. None None 9. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU08-004 FOR 21.289 ACRES OF LAND LOCATED AT 1241 UNDERWOOD ROAD, FURTHER DESCRIBED AS LOTS 367, 368, 369, 369A, AND 370, LA PORTE OUTLOTS, ENOCH BRINSON SURVEY, ABSTRACT 5, CITY OF LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, SWINC ACQUISITION, INC., SEEKS A PERMIT TO ACCOMMODATE EXPANSION OF THE BUSINESS BY UTILIZING THE ENTIRE PROPERTY TO ITS FULLEST EXTENT. Chairperson Muston opened the Public hearing at 6:50 p.m. A. STAFF PRESENTATION Staff's Report was presented by Mr. Malik. The applicant, SWINC Acquisition, Inc. has requested a special conditional use permit to expand the business at 1241 Underwood Road by utilizing the property to its fullest extent. B. PROPONENTS Mr. Deal spoke on behalf of the company. Planning and Zoning Commission Minutes of July 17, 2008 Page 4 of 7 Patricia Clark, 3817 Ashwood, inquired if the building is air conditioned and/or insulated and if they worked with their doors open. C. OPPONENTS Danny Beecham had concerns about flooding. His property abuts this business. He stated they do work with their doors open and sometimes they work 24 hours. 10. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 7:38 p.m. 11. CONSIDER RECOMMEDA TION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU08-004. Motion by Dottie Kaminski to recommend to City Council approval of Special Conditional Use Permit Request #SCU08-004 with the following conditions: · 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 said 20 year period. · 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. · Provide 100' setback from the east and south property line adjacent to residential for buffering purposes with all other setbacks as required. · No activity/storage shall be allowed within the setback and any other easements at site. · 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. · Landscaping shall be maintained by the owners/tenants. · A front portion of the facility (first 8 acres) shall only operate between hours of 6 a.m. and 10 p.m. Any construction or equipment use on the remaining 12+ acres shall not be allowed beyond 7 p.m. · 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) of the Code of Ordinances. · Outside storage or lay down yard area shall be improved to a dust free surface. · All driveway improvements must adhere to the City of La Porte's paving design standards for commercial/industrial establishments. · 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. · 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. · Any new signage requires a separate sign permit from the City and shall be of monument type not to exceed ten feet in height. · Exterior building design shall be approved by the City. · The zoning permit shall be required. · Any new expansion or additional building shall require a special conditional use permit from the City. · The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Second by Doretta Finch. The motion carried. Planning and Zoning Commission Minutes of July 17, 2008 Page 5 of 7 Ayes: Nayes: Abstain: Kaminski, Berner, Finch, Barrera, Lawler and Muston None None 12. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU08-003 FOR 2.44 ACRES OF LAND, LOTS 1 THRU 32, BLOCK 867, INCLUDING TR A ABANDONED ALLEY, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. PASTOR KAREN WILHELM C/O THE CHRIST LUTHERN CHURCH SEEKS A PERMIT FOR THE DEVELOPMENT OF A WOMEN'S RECOVERY CENTER TO BE LOCATED AT 942 SOUTH 14TH STREET, WHICH IS CLASSIFIED AS A CONDITIONAL USE IN A LIGHT INDUSTRIAL (L1) ZONE. Chairperson Muston opened the Public Hearing at 7:48 p.m. A. STAFF PRESENTATION Staff's Report was presented by Mr. Malik. The applicant, Pastor Karen Wilhelm has requested a special conditional use permit to develop a women's recovery facility (three-quarter house) at 942 South 14th St. Public notices were mailed to seven property owners located within 200' from the subject property. One response was received in opposition. B. PROPONENTS Pastor Karen Wilhelm stated the north portion of the building is used for a child care center. There is a fire wall between the two businesses which is in compliance with Harris County. Women residents will be employed, possibly even as a day care worker. There will be an outside area for the women on the south part of the property. This is considered a three-quarter house, not a halfway house. These women will be there because they want to be there, not because it is mandatory they be there. Marie Meehan stated Pastor Wilhelm had previously run The Bay House for 18 years. This new business will be held to stricter policies. This would be the next step for women leaving a drug rehab program. There will be a faith based 12-step program. Background checks will be performed. The workers are not "certified" and Ms. Meehan will be the Director. Commissioners inquired if workers would be State licensed, how many will be housed and how long will they stay. Pastor Wilhelm responded they are not required to be licensed and they will house 17 women that can stay up to 6 months. Ms. Meehan stated the women will be required to pay rent. They will have a curfew of 10 p. m. Some behavior issues are "no tolerance" and could warrant immediate removal from the facility. Some issues fall under the 3 strike rule- "3 strikes and you are out." Todd Page stated he is a La Porte resident and a volunteer worker for the Lutheran Church. He is in recovery and is ecstatic about the possibility of the women's house to be of service to the people in need. Theresa Behr was able to go to Mega House and has been with the church. She is very much in favor of the three-quarter house. Stacie McNaughten left treatment in March and is not back with her family yet. This will be a great asset since there are not very many facilities available in the area. Planning and Zoning Commission Minutes of July 17, 2008 Page 6 of 7 Diane Campbell works at the Light of Christ and will be working for Light of Hope. She shared that addiction touches everyone. Light of Hope gives the opportunity to live life differently. In the program there is very little time for the resident to get into trouble because of the meeting, work schedule, etc. There are not many other places for women to go to in the area. Carletta Gonzalez came into the program with training in domestic assault and drug addiction. She is 9 years sober and has worked with the founder of a mentoring house in Montana. It gives women the strength to go on. Drew Paige is a recovering alcoholic and has been sober since 2001. With this disease, everyone is a taker. This program teaches them to be a giver. They learn how to give and not expect anything in return. She does not have any official training but was trained on the streets. Amanda Gonzalez stated the people that will be accepted will already be in a program. They are not people off the streets. They will already have a sponsor. C. OPPONENTS No one spoke in opposition. Margaret Anderson inquired about where residents go when they are asked to leave. Would they then become a Police Department problem? Ms. Meehan stated someone would have to pick them up; most have families. 13. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 8:27 p.m. 14. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU08-003 Motion by Nick Barrera to recommend to City Council approval of Special Conditional Use Permit #SCU08-003 with the following conditions: · 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: o Residents shall be disallowed if convicted of any felony offense within three years prior to application, or if convicted of any sex offense at any time. o Residents shall not be minors. · Owner shall implement policies regarding continued residency approved by the City, but not less than the following: o Those submitted by the Light of Hope missionary. o 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. · 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. · Maximum 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. Planning and Zoning Commission Minutes of July 17, 2008 Page 7 of 7 . 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. Second by Paul Berner. The motion carried. Ayes: Nayes: Abstain: Berner, Kaminski, Barrera, Finch, Lawler and Muston None None Chairperson Muston allowed a comment from Ms. Anderson. Margaret Anderson, 909 Garden Walk, thanked the Commission for discouraging the Sleep Inn development. She had concerns of the explosion of hotel/motels in La Porte. She suggested a moratorium on hotel/motel development for at least one year. With eight motels and two new ones under construction, La Porte is becoming a motel community. The concept of a bedroom community held by our forefathers has gone away. She also would like to see 1000' between hotel/motels. 15. ADMINISTRATIVE REPORTS Mr. Malik reported the SCUP for the hotel was denied on July 14, 2008. The Lakes at Fairmont Greens is moving forward with the sound wall and fence. The remaining structure at 200 Garfield has been leveled. Mrs. Wilmore reported they are not quite complete but are close. 16. COMMISON COMMENTS Chairperson Muston commented how nice 200 Garfield now looks. 17. ADJOURN Motion by Paul Berner to adjourn. Second by Doretta Finch. Chairperson Muston adjourned the meeting at 8:34 p.m. Sher Inspec ion rvices Coordinator APR.!"ed.'Jf' this ~ day of ~-t ,2008. I /" ~!11/ J 1-- f,..t./r v ! ttA-_UrJ-7.-, Pat Muston Chairperson, Planning and Zoning Commission Special Conditional Use Permit #SCU08-006 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Site/Sketch Plan F. Public Notice Response Special Conditional Use Permit #SCU08-006 Planning and Zoning Commission August 21, 2008 Location of Proposed Development 100 Block of North 5th Street Legal Description Approximately 0.35 acre tract of land described as lots 24-29, Block 55, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. ~Iicant Brent Heckendorn for Allen & Kerber Present Zoning Main Street District (MSD) Acreage 0.35 acre Surrounding Zoning North Low-density Residential (R-l) East Main Street District (MSD) South Main Street Overlay (MSO) West Main Street District (MSD) Land Use Map Commercial Activity Proposed Off-site Parking Summary: · The applicant is requesting a special conditional use permit for a proposed development of off-site parking for Allen & Kerber Auto Supply at 518 West Main Street. · Per Section 106-441 of the Code of Ordinances, off-site parking is classified as a Conditional Use. · The business has grown tremendously over the past years. · There is not enough space at the primary facility to accommodate on-site parking. In addition, there is no other reasonable site available nearby this facility. · Off-site parking will serve as an employee parking and will help to alleviate parking problems associated with this facility. · Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) paving section. · Landscaping shall be maintained by the owner/developer. · Traffic impact should be minimal with public services unaffected. Recommendation: Staff recommends approval of Special Conditional Use Permit #SCU08-006 with the following conditions: 1. This Special Conditional Use Permit is specifically for off-site parking for 516 & 518 W. Main Street. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off-site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-444(a) of the Code of Ordinances. 5. Per Code of Ordinances, exterior building design standards shall be applied to the recently built facility at 516 W. Main Street. 6. 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. · Recommend to Council denial of this SCUP. · Table this item for further consideration by the Commission. ;p" N W$Ei I$"; 2'1 , ' ~ .-~ . .. , tilll ,;,},., ~ ~-- .. ... ~.. J ,p:t ~ ......'1~~,. " . -:r ... .~ ..,. , ' ). - - .. J d Sa ... . .a;. .. ,I Staff Report August 21, 2008 ReQuest: ReQuested Bv: ReQuested For: Present Zonin2: ReQuested Use: Back2:round: Analvsis: Off-Site Parking Allen & Kerber Auto Supply Special Conditional Use Permit #08-006 Consideration of Special Conditional Use Permit Request #SCU08-006 Allen & Kerber Auto Supply c/o Brent Heckendorn Approximately 0.35 acre tract of land described as lots 24-29, Block 55, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The primary facility is located at 518 W. Main Street. Main Street District (MSD) The applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of allowing construction of an off-site parking lot for use by employees at Allen & Kerber Auto Supply. Off-site parking is classified as a conditional use per Section 106-441, Table A, Commercial Uses of the Code of Ordinance (Chapter 106). Allen & Kerber Auto Supply (NAP A Auto Parts) has been in business over twenty years in La Porte. The nature of business pertains to the retail of auto parts, accessories, and other supplies. Over the past years, a number of employees increased with the tremendous growth of business. Limited parking is available at this business. It is staff s opinion that appropriate parking should be provided to keep vehicles from parking on the sides of the streets in the Main Street District. The applicant owns this property and has decided to provide parking for its employees and other workers at this facility. Off-site parking will serve as auxiliary parking and will help to alleviate parking problems associated with this development. The Code of Ordinance 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 of the 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. · 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. The tract intended for a parking area is across the street from the auto parts store. In addition, there is no reasonable location on the existing site and surrounding area to provide off-site parking. Off-site Parking SCU08-006 Page 2 of2 Conclusion! Recommendations: Section 106-444, Special Use Performance Standards for off-site parking addresses the following issues pertaining to the subject use within a commercial zone. · Such off-site parking shall comply with all parking standards stated in the Code of Ordinances and the Public Improvement Criteria Manual. · Reasonable access from an off-site parking facility to the use served shall be provided. · In addition, off-site parking shall be within 300 feet of the use served. · Should have good access to secondary and primary streets. As proposed, 34'x125' (4,250 sq. ft.) of concrete parking lot shall be constructed with concrete with no fence around the property. Access from off-site parking to the main building appears to be reasonable. It will benefit the area by moving cars off the street into a proper and adequate parking . area. If the special conditional use permit is approved by the City, the applicant must submit a certified site plan for development of the parking lot showing access, parking spaces, maneuvering aisles, and landscaping/screening etc. 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 Staff met with the owner to discuss applying exterior building design standards to the recently completed project (additional building for NAPA Auto Parts) at 516 W. Main Street. The metal portion needs to be blocked with a masonry product. The owner is receptive to this idea and shall implement with the development of a proposed breezeway connecting two buildings along Main Street. Staff recommends the approval of Special Conditional Use Permit #SCU08- 006 with the following conditions: 1. This Special Conditional Use Permit is specifically for off-site parking. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off-site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required ill accordance with Section 106-444(a) of the Code of Ordinances. 5. Per Code of Ordinances, exterior building design standards shall be applied to the recently built facility at 516 W. Main Street. 6. 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. · 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 08-006 This permit is issued to: Allen & Kerber Auto Supply c/o Brent Heckendorn Owner or Agent 516 & 518 West Main Street. La Porte TX 77571 Address For Development of: Parkinq Lot (Off-site) Development Name 100 Block of North 5th Street. La Porte Address Legal Description: Lots 24-29 Block 55. Town of La Porte. Johnson Hunter Survey. Abstract No. 35. La Porte. Harris County. Texas. Zoning: Main Street District (MSD) Use: Parkin!:! Lot Permit Conditions: 1. This Special Conditional Use Permit is specifically for off-site parking for 516 & 518 W. Main Street. 2. Parking lot will be constructed in compliance with the City's Public Improvement Criteria Manual (PICM) for paving. 3. Off-site parking shall comply with all parking design standards. 4. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 5. Per Code of Ordinances, exterior building design standards shall be applied to the recently built facility at 516 W. Main Street. 6. 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. 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 133~lS 419 Hl~ON 'M'O'~ 1--------1 I- I b CO ~ b (0 ~ -I ..-... W > C/) ~ W 0 () --- <C >- 0... ~ w b C/) .....J I.{) (9 0 .....J N Z <C ~ ~ b ~ ~ (0 <C ~ 0... b 0'> 0 0'> --------~ L::~ '<:t ("') ------- to Consider A Meeting of the La Porte Scheduled for August 21, 2008 (Date of Meeting) Special Conditional Use Permit#SCU08-006 (Type of Request) I have received notice of the above referenced public hearing. I om ill FA VO R of "''2] thj, ,eque" fo' th~following =on" 1-'1 ~l:n1AO'j"'Zr ~w.--f',~~ ~?.1 . ~~ Z:Zt;4~~ /~ ~/~ ~ /J4:1~ I am OPPOSED to granting this request for the following reasons: ~(J~ J}, ~;j Address ---" .L;fhAZ-~ f(:,7?J"j J City, State, Z. ---- A Meeting of the La Porte D~@~OW~riI AUG 1 4 2008 UJj Scheduled for By=- August 21, 2008 (Date of Meeting) to Consider .. ST\f"r.i~l C:ondirional Use Permit#SCl}Q~-:-006 .....t-"".....-----..-..---- -.. -. (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 1/1 CI ed-f' a..f c:r tfk.J"- .s rtJ/'e:--- 'tl/). /ih R/'/h :'. fi$)//.a-.IJ' ~P?I//'(' d~/ ddd~ t2'c:/c/r~ /tZ )~ It? 4)/1 yr:.~~ #$L-- k/;~~ 4#4-Lldf./,?'t2../J' ~#9"'/.r 4e'ilzr tZ~~k CP'/?~ef7?C/,/f / / I am OPPOSED to granting this request for the following reasons: Signature /' 5/c& ~ ~~:,- / d Address /-/L/t;/'4- rx 77~?/ City, Sta{~, Zip Special Conditional Use Permit #SCU08-007 Exhibits A. Commission's Action Request B. Area Map C. Staff Report D. Draft SCUP E. Site Plan F. Public Notice Response Special Conditional Use Permit #SCU08-007 Planning and Zoning Commission August 21, 2008 ment 8727 Fairmont Parkwa 5.637 acre tract, out of W. M. Jones Survey, Abstract No. 482, La Porte, Harris Coun , Texas. Crai Puccetti, on behalf of Parsons Grou Medium Densit Residential (R-2 5.637 acres Low-Density Residential, General Commercial Residential Senior Citizen Assisted Livin Center A licant Present Zonin Acreage Surrounding Zoning Land Use Plan Activit Pro osed Summary: · Applicant is requesting a Special Conditional Use Permit for a proposed addition to the senior citizen assisted living facility known as Parsons House, formerly Fairmont House. · The subject property is located at 8727 Fairmont Parkway adjacent to Brookglen Subdivision. · As per provision of the previous Special Conditional Use Permit issued for this facility, additional development is subject to a new Special Conditional Use Permit from the City. · Previous development was permitted as Intra-district P.U.D. created within Medium Density Residential (R-2) zoning district, other than Planned Unit Development (PUD) zone. · Staff recognizes that development of the proposed addition at the current facility may not create a problem but density and drainage issues need to be considered. · Commission's fmal consideration is whether granting this request observes the previous determination of Intra- District P.U.D. classification and spirit of the current ordinances. · The development is compatible with the surrounding properties. · The subject request should not be injurious to the health, safety and welfare of 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 an additional 41 unit facility at 8727 Fairmont Parkway. 2. No future Special Conditional Use Permit submittal shall hereafter authorize an aggregate total of more than 101 units on the site. 3. The use of this property is limited to senior citizen "assisted living center" as defmed in SIC #8361. A senior citizen is defmed as a person who is 55 years of age or older. 4. If intra-district P.U.D. remains, covenants shall be submitted for the City's review and approval. 5. An overall density of the assisted living center shall not exceed 17.91 dwelling units per acre. 6. A development site plan shall be reviewed and approved by the City prior to any construction at site. 7. Internal access to the northern portion of the tract shall be provided for by provision ofa private street (min. 24' wide) 8. Adequate provisions are made for fire protection and other utility services to additional building. 9. Outdoor activities shall be restricted to the parking area and concrete pavement on the east and west sides of the building. 10. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section I06-521(a) of the Code of Ordinances. I I. Any new signage requires a separate sign permit from the City. 12. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or maximum (75%). 13. Height of the building shall be the same as existing one. 14. Exterior building design standards shall be approved by the City. 15. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas along east and west of the perimeter adjacent to the residential zoned properties. 16. Provide landscape buffer along east side of the facility as well. 17. Landscaping shall be maintained by the owner/developer. 18. On and off-site drainage whether existing or planned shall have a net zero effect for storm water runoff to surrounding areas and mitigate drainage issues at the driveways along Fairmont Parkway. 19. The Developer shall comply with all applicable laws and ordinances of the City 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. Staff Report August 21, 2008 Request: Requested Bv: Requested For: Present Zonine:: Requested Use: Back2round: Parsons House Special Conditional Use Permit #08-007 Special Conditional Use Permit Request #08-007 Craig Puccetti on behalf of Bob Parsons, Chairman Parsons Group A 5.637 acre tract of property out of the W. M. Jones survey, Abstract No.482, La Porte, Harris County, Texas. The property is located at 8727 Fairmont Parkway. Medium Density Residential (R-2) Applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of constructing a building addition of 41 dwelling units to the current assisted living facility which contains 60 dwelling units located at 8727 Fairmont Parkway. Applicant is working towards developing a development site plan for a proposed addition to the existing facility known as Parsons House (formerly Fairmont House). The current assisted living facility contains 60 dwelling units and Parsons Group is proposing an additional 41 units and other associated internal services that are required to support the growth of the facility. The addition is being proposed in order to increase the facility's capacity to house the growing population of the senior citizens. The Planning and Zoning Commission, at its February 15, 1996, meeting, conducted a public hearing for the purpose of receiving citizen comments regarding Special Conditional Use Permit Request #SCU96-001, for the first phase of the development. After receiving comments and questions, the Commission suspended the hearing with an intention of reopening it at the next meeting. At the March 21, 1996, meeting, the request was brought in an amended form. It was presented as an Intra-District P.U.D. As such, it required a Special Conditional Use Permit. The need for rezoning, however, was eliminated. A Special Conditional Use Permit was approved with the following additional conditions: 1. Any development beyond the presented plan shall require a separate Special Conditional Use Permit. 2. No changes, or amendments shall be made to the recorded site plan and covenants without first obtaining authorization from the City of La Porte. 3. It should be noted in the Special Conditional Use Permit and in the deed covenants that the use of this property is limited to a 61 unit "senior citizen" assisted living center, as defined in SIC #8361. A senior citizen is defined as a person who is 55 years of age or older. Parsons House SCUD8-DD7 Page 2 of 5 Analvsis: Staff had determined that an intra-district P.U.D. is simply a Planned Unit Development located in a district zoned something other than P.U.D. When considering an intra-district P.U.D., adherence to performance standards was one of the primary concerns. Using the subject request as an example, the facility has an assigned SIC Code #8361. This use is listed as conditional in High Density Residential (R- 3) zones and not permitted in R-2 zoning districts. However, the tract in question is zoned Medium Density Residential (R-2). As an intra-district P.U.D., the issue was not whether the use is allowed in an R-2 zone, but rather, will the specific facility conform with performance standards applicable within R-2 zones. In addition to performance standards there are a number of development standards that are specified by the Code of Ordinances. Zoning Ordinance 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 of the 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. · That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. Land Use - Review of the City's Land Use Plan shows the subject tract is envisioned as developing for residential uses. The property is abutting a residential subdivision (Brookglen) in the rear and a commercial tract to the west along Fairmont Parkway. The proposed use should have minimal impact on the surrounding properties. Roadways - The tract in question has primary access along Fairmont Parkway. 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 neighborhoods and throughout the community should not be affected by the proposed development. Internal roadways within the project area have an improved surface to twenty four feet in width and are designed to permit the City fire trucks to provide protection to each building. No portion of this required twenty four feet fire lane may be used in calculating required off-street parking space or be used for parking. Parsons House SCD08-007 Page 3 of5 Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Density - Based on the current 60 units of the facility and 5.637 acres available, the overall density equals 10.64 units per acre. This is close to the 10 unit per acre limit established for quadraplex, townhomes, one of the highest densities permitted for R - 2 uses. The additional 41 units constructed on the undeveloped portion of the tract would significantly impact overall density. The net density would be 17.91 units per acre exceeding the current 10 dwelling units per acre for R-2 uses and 14 DU/A permitted for multi- family development in R-3 zoning districts. Staff's research shows that the neighboring CItIes use criteria of 18-20 dwelling units per acre for any type of housing for senior citizen that is rent controlled or rental housing units. In this case, the owner/builder may request a density allowance to be approved by the Commission and City Council. Utilities and Drainage - The proposed project shall be served by the City water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Potable water is readily available. Water line extension shall be required for the purpose of providing internal fire protection to the proposed addition. This extension must run north from the existing valve and will have one or more fire hydrants installed on the line in compliance with the current fire codes. The water line and fire hydrants must be located within a 10' wide dedicated utility easement along the eastern property line. Sanitary sewer is also available to the property from the adjacent Brookglen Subdivision. The capacity of an existing service has been field verified by the Public Works Department. As proposed, sewer demand from the facility may impact the ability to provide service to future residential development in the area specifically to the east of the subject tract. The facility has on-site detention located just north of the current assisted living center. The addition is proposed at the site of the present detention system, the detention basin is planned to move further north of the facility. 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 storm water runoff effects to the residential subdivision to the north. Storm water management techniques and proper maintenance of the detention system is suggested. In addition, Harris County Flood Control District (HCFCD) approval shall be required for overall detention of the facility. Parsons House SCU08-007 Page 4 of 5 Conclusion & Recommendations: Landscaping & Screening - Conceptually, the proposed development appears to be compatible with the existing land uses. However, landscaping and screening of the parking areas from the abutting residential shall be required in compliance with Section 106-444(a) of the Code of Ordinances. Parking - If approved, the building and parking lot should comply with all applicable zoning regulations. Striping of the existing and proposed 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 adjoining parking lot to the new building should be reasonable. This application for a Special Conditional Use Permit does not comply with the ordinance requirements. The Commission needs to review and carefully determine if the originally imposed conditions of the intra-district P.U.D. should still be applicable in this case. In addition, performance standards, e.g. density intensity in R-2 zone, and drainage are concerns and will remain outstanding issues. 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. This Special Conditional Use Permit is specifically limited for an additional 41 unit facility at 8727 Fairmont Parkway. 2. No future Special Conditional Use Permit submittal shall hereafter authorize an aggregate total of more than 101 units on the site. 3. The use of this property is limited to senior citizen "assisted living center" as defmed in SIC #8361. A senior citizen is defined as a person who is 55 years of age or older. 4. If intra-district P.U.D. remains, covenants shall be submitted for the City's review and approval. 5. An overall density of the assisted living center shall not exceed 17.91 dwelling units per acre. 6. A development site plan shall be reviewed and approved by the City prior to any construction at site. 7. Internal access to the northern portion of the tract shall be provided for by provision of a private street (min. 24' wide). 8. Adequate provisions are made for fire protection and other utility services to additional building. 9. Outdoor activities shall be restricted to the parking area and concrete pavement on the east and west sides of the building. 10. 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) of the Code of Ordinances. 11. Any new signage requires a separate sign permit from the City. 12. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or maximum (75%). Parsons House SCU08-007 Page 5 of5 13. Height of the building shall be the same as existing one. 14. Exterior building design standards shall be approved by the City. 15. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas along east and west of the perimeter adjacent to the residential zoned properties. 16. Provide landscape buffer along east side of the facility as well. 17. Landscaping shall be maintained by the owner/developer. 18. On and off-site drainage whether existing or planned shall have a net zero effect for stormwater runoff to surrounding areas and mitigate drainage issues at the driveways along Fairmont Parkway. 19. 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. A recommendation from the Commission on this Special Conditional Use Permit will be forwarded to City Council for final consideration. Draft City of La Porte Special Conditional Use Permit # SCU 08-007 This permit is issued to: The Parsons Group Owner or Agent 200 West Victoria Street. Santa Barbara, California 93101 Address For Development of: Parsons House Development Name 8727 Fairmont Parkway, La Porte, TX 77571 Address Legal Description: 5.637 acres out of the W. M. Jones Survey, Abstract 482 La Porte Outlots, La Porte, Harris County, TX Zoning: Medium Density Residential (R-2) Use: Senior Citizen Assisted Livinq Center Permit Conditions: 1. This Special Conditional Use Permit is specifically limited for an additional 41 units facility at 8727 Fairmont Parkway. 2. No future Special Conditional Use Permit submittal shall hereafter authorize an aggregate total of more than 101 units on the site. 3. The use of this property is limited to senior citizen "assisted living center" as defined in SIC #8361. A senior citizen is defined as a person who is 55 years of age or older. 4. If intra-district P.U.D. remains, covenants shall be submitted for the City's review and approval. 5. An overall density of the assisted living center shall not exceed 17.91 dwelling units per acre. 6. A development site plan shall be reviewed and approved by the City prior to any construction at site. 7. Internal access to the northern portion of the tract shall be provided for by provision of a private street (min. 24' wide). 8. Adequate provisions are made for fire protection and other utility services to additional building. 9. Outdoor activities shall be restricted to the parking area and concrete pavement on the east and west sides of the building. 10. 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) of the Code of Ordinances. 11. Any new signage requires a separate sign permit from the City. 12. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or maximum (75%). 13. Height of the building shall be the same as existing one. 14. Exterior building design standards shall be approved by the City. 15. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas along east and west of the perimeter adjacent to the residential zoned properties. 16. Provide landscape buffer along east side of the facility as well. 17. Landscaping shall be maintained by the owner/developer. 18. On and off-site drainage whether existing or planned shall have a net zero effect for stormwater runoff to surrounding areas and mitigate drainage issues at the driveways along Fairmont Parkway. 19. 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 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 NPDES STORM WATER MANAGEMENT PROGRAM Excerpt from City of La Porte Storm Water Management Plan 2.3.1.3 Responsible Persons The La Porte City Secretary is responsible for implementation of B:MPl to meet Measurable Goal 2.3 .1.1. 2.3.2 BMP2 -Advisory Committee La Porte will use its Planning and Zoning Commission as an "Advisory Committee" as part of this Storm Water Management Program. The Commission represents different segments of the comro.unity that will be affected by the La Porte Storm Water Management Program (LPSWMP) implementation. The commission will review plans for storm water quality and offer recommendations to facilitate implementation. They will also review this Storm Water Management Program and may provide recommendations to facilitate implementation. They will be updated periodically regarding the ongoing program implementation. 2.3.2.1 Measurable Goals The measurable goal for implementation of this B:MP is to form the Advisory Committee. 2.3.2.2 Schedule Pro am ? Public Involvement BMP Advisory Cornmittee Activi 1. Form Advisory ommittee. . Continue updating oup on . mplementation of he SWMP. . Implementation com lete. Date Due 2003-2004 Years 1-5 Year 5 2.3.2.3 Responsible Persons The Planning Division Director is responsible for implementation of this B:MP to meet Measurable Goal 2.3 .2.1. 2.3.3 BMP3 - Public Meeting Following review and comment of the storm water management/maintenance plan and this Storm Water Management Plan by the Advisory Committee, the City of La Porte will hold a Public Meeting to present the plans to the public. &EPA Stormwater Phase II Final Rule Fact Sheet Series Overview 1.0 - Stormwater Phase II Final Rule: An Overview Small MS4 Program 2.0 - Small MS4 Stormwater Program Overview 2.1 - Who's Covered? Designation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description Minimum Control Measures 2.3 - Public Education and Outreach 2.4 - Public Participation/ Involvement 2.5 -Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Control 2.7 - Post-Construction Runoff Control 2.8 - Pollution Prevention/Good Housekeeping 2.9 - Permitting and Reporting: The Process and Requirements 2.10 - Federal and State-Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion for Industrial Activity United States Environmental Protection Agency Office of Water EPA 833-F-OO-001 (4203) January 2000 (revised December 2005) FaclSheet 1.0 Stormwater Phase II Final Rule An Overview Why Is the Phase IT Stormwater Program Necessary? Since the passage of the Clean Water Act (CW A), the quality of our Nation's waters has improved dramatically. Despite this progress, however, degraded waterbodies still exist. According to the 2000 National Water Quality Inventory (Inventory), a biennial summary of State surveys of water quality, approximately 40 percent of surveyed U.S. waterbodies are still impaired by pollution and do not meet water quality standards. A leading source of this impairment is polluted runoff. In fact, according to the Inventory, 13 percent of impaired rivers, 18 percent of impaired lake acres and 32 percent of impaired estuaries are affected by urban/suburban stormwater runoff. Phase I of the U.S. Environmental Protection Agency's (EPA) stormwater program was promulgated in 1990 under the CW A. Phase I relies on National Pollutant Discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres ofland or greater, and (3) ten categories of industrial activity. The Stormwater Phase II Final Rule is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase II program expands the Phase I program by requiring additional operators ofMS4s in urbanized areas and operators of small construction sites, through the use ofNPDES permits, to implement programs and practices to control polluted stormwater runoff. See Fact Sheets 2.0 and 3.0 for overviews ofthe Phase II programs for MS4s and construction activity. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The environmental problems associated with discharges from MS4s in urbanized areas and discharges resulting from construction activity are outlined below. MS4s in Urbanized Areas Stormwater discharges from MS4s in urbanized areas are a concern because of the high concentration of pollutants found in these discharges. Concentrated development in urbanized areas substantially increases impervious surfaces, such as city streets, driveways, parking lots, and sidewalks, on which pollutants from concentrated human activities settle and remain until a storm event washes them into nearby storm drains. Common pollutants include pesticides, fertilizers, oils, salt, litter and other debris, and sediment. Another concern is the possible illicit connections of sanitary sewers, which can result in fecal coliform bacteria entering the storm sewer system. Stormwater runoff picks up and transports these and other harmful pollutants then discharges them - untreated - to waterways via storm sewer systems. When left uncontrolled, these discharges can result in fish kills, the destruction of spawning and wildlife habitats, a loss in aesthetic value, and contamination of drinking water supplies and recreational waterways that can threaten public health. >' Fact Sheet 1.0 - Stormwater Phase II Final Rule: An Overview Page 2 Construction Activity Uncontrolled runoff from construction sites is a water quality concern because of the devastating effects that sedimentation can have on local waterbodies, particularly small streams. Numerous studies have shown that the amount of sediment transported by stormwater runoff from construction sites with no controls is significantly greater than from sites with controls. In addition to sediment, construction activities yield pollutants such as pesticides, petroleum products, construction chemicals, solvents, asphalts, and acids that can contaminate stormwater runoff. During storms, construction sites may be the source of sediment-laden runoff, which can overwhelm a small stream channel's capacity, resulting in streambed scour, streambank erosion, and destruction of near-stream vegetative cover. Where left uncontrolled, sediment-laden runoff has been shown to result in the loss of in-stream habitats for fish and other aquatic species, an increased difficulty in filtering drinking water, the loss of drinking water reservoir storage capacity, and negative impacts on the navigational capacity of waterways. Are Municipally Operated Sources Exempted by the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 Affected by the Final Rule? Provisions within ISTEA temporarily delayed the deadline for Phase I industrial activities (with the exception of power plants, airports, and uncontrolled sanitary landfills) operated by municipalities with populations of less than 100,000 people to obtain an NPDES stormwater discharge permit. Congress delayed the permitting deadline for these facilities to allow small municipalities additional time to comply with NPDES requirements. The Phase II Final Rule ended this temporary exemption from permitting. Since March 10,2003, all ISTEA-exempted municipally operated industrial activities were required to obtain permit coverage. How Was the Phase II Final Rule Developed? EPA developed the Phase II Final Rule during extensive consultations with a cross-section of interested stakeholders brought together on a subcommittee chartered under the Federal Advisory Committee Act, and with representatives of small entities participating in an advisory process mandated under the Small Business Regulatory Enforcement Fairness Act. In addition, EPA considered comments submitted by over 500 individuals and organizations during a 90-day public comment period on the proposed rule. Why Does Part of the Phase II Final Rule Use a Question and Answer Format? The provisions pertaining to operators of small MS4s are written in a "readable regulation" form that uses the "plain language" method. Questions and answers are used to create more reader-friendly and understandable regulations. The plain language method uses "must" instead of "shall" to indicate a requirement and words like "should," "could," or "encourage" to indicate a recommendation or guidance. Who Is Covered by the Phase II Final Rule? The final rule "automatically" covers two classes of stormwater dischargers on a nationwide basis: (1) Operators of small MS4s located in ''urbanized areas" as delineated by the Bureau of the Census. A "small" MS4 is any MS4 not already covered by Phase I of the NPDES stormwater program. See Fact Sheets 2.1 and 2.2 for more information on small MS4 coverage. (2) Operators of small construction activities that disturb equal to or greater than I (one) and less than 5 (five) acres ofland. See Fact Sheet 3.0 for more information on small construction activity coverage. Waivers Permitting authorities may waive "automatically designated" Phase II dischargers if the dischargers meet the necessary criteria. See Fact Sheets 2.1 (small MS4 waivers overview), 3.0 (construction waivers overview) and 3.1 (construction rainfall erosivity waiver) for details. Phased-in Permit Coverage Permitting authorities may phase-in permit coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. Additional Designations hv the Permitting Authority Small MS4s located outside of urbanized areas, construction activity disturbing less than 1 acre, and any other stormwater discharges can be designated for coverage if the NPDES permitting authority or EP A determines that stormwater controls are necessary. See Fact Sheet 2.1 for more information on the designation of small MS4s located outside of urbanized areas. Fact Sheet 1.0 - Stormwater Phase II Final Rule: An Overview Page 3 What Does the Phase II Final Rule Require? Operators of Phase II-designated small MS4s and small construction activity are required to apply for NPDES permit coverage, most likely under a general rather than individual permit, and to implement stormwater discharge management controls (known as "best management practices" (BMPs)). Specific requirements for each type of discharge are listed below. Small MS4s o A regulated small MS4 operator must develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from their MS4 to the "maximum extent practicable," to protect water quality, and to satisfY the appropriate water quality requirements of the CW A. The rule assumes the use of narrative, rather than numeric, effluent limitations requiring implementation ofBMPs. o The small MS4 stormwater management program must include the following six minimum control measures: public education and outreach; public participation/involvement; illicit discharge detection and elimination; construction site runoff control; post-construction runoff control; and pollution prevention/good housekeeping. See Fact Sheets 2.3 through 2.8 for more information on each measure, including BMPs and measurable goals. o A regulated small MS4 operator must identifY its selection ofBMPs and measurable goals for each minimum measure in the permit application. The evaluation and assessment of those chosen BMPs and measurable goals must be included in periodic reports to the NPDES permitting authority. See Fact Sheet 2.9 for more information on permitting and reporting. Small Construction Activity o The specific requirements for stormwater controls on small construction activity will be defined by the NPDES permitting authority on a State-by-State basis. o Many NPDES permitting authorities have adapted their existing Phase I general permits for large construction activity to also include small construction activity. Where this has occurred, a stormwater pollution prevention plan is required for small construction activity. See Fact Sheet 3.0 for more information on potential program requirements and appropriate BMPs for small construction activity. What Is the Phase II Program Approach? The Phase II program, based on the use of federally enforceable NPDES permits: o Encourages the use of general permits; o Provides flexibility for regulated operators to determine the most appropriate stormwater controls; o Allows for the recognition and inclusion of existing NPDES and non-NPDES stormwater programs in Phase II permits; o Includes public education and participation efforts as primary elements ofthe small MS4 program; o Attempts to facilitate and promote watershed planning and to implement the storm water program on a watershed basis; and o Works toward a unified and comprehensive NPDES stormwater program with Phase I ofthe program. How Does the Phase II Final Rule Address the Phase I Industrial "No Exposure" Provision? In addition to establishing a deadline for ISTEA facilities and designating two new classes of dischargers, the Phase II Final Rule revises the "no exposure" provision originally included in the 1990 regulations for Phase Iofthe NPDES stormwater program. The provision was remanded to EPA for further rulemaking and, subsequently, included in its revised form in the Phase II rule. Under the Phase 11 Final Rule, a conditional no exposure exclusion is available to operators of all categories of Phase I regulated industrial activity (except category (x) construction activity) who can certifY that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. To obtain the no exposure exclusion, written certification must be submitted to the NPDES permitting authority. The final rule includes a No Exposure Certification form for use only by operators of industrial activity in areas where EP A is the NPDES permitting authority. See Fact Sheet 4.0 for more information on the conditional no exposure exclusion for industrial activity. Fact Sheet 1.0 - Stormwater Phase II Final Rule: An Overview Page 4 What Resources are Available for Phase II Communities? Ep A is committed to providing tools to facilitate implementation of the final Phase II stormwater program in an effective and cost-efficient manner. The stormwater Web site includes fact sheets, case studies, guidance documents, the National Menu of BMPs, and the Measurable Goals Guidance, as well as other compliance assistance information. This information can be accessed at EPA's stormwater Web site at www.epa.gov/npdes/stormwater. What Is the Schedule for the Phase II Rule? o The Phase II Final Rule was published in the Federal Register on December 8, 1999 (64 FR 68722). For Additional Information Contacts IlW U.S. EPA Office of Wastewater Management hUp:/lwww .cpa.gov Inodes/stormwatcr Phone: 202-564-9545 IlW Your NPDES Permitting Authority. Most States and Territories are authorized to administer the NPDES. Program, except the following, for which EP A is the permitting authority: Alaska District of Columbia Idaho Massachusetts New Hampshire New Mexico American Samoa Guam Johnston Atoll Midway and Wake Islands Northern Mariana Islands Puerto Rico Trust Territories o The Conditional No Exposure Exclusion option is available in States where EP A is the permitting authority (see http://www.epa.l.wv/npdcs/authorization). IlW A list of names and telephone numbers for each EP A Region and State is located at htlp:l/www.epa.gov/ npdcs/stormwatcr (click on "Contacts"). Reference Documents IlW EPA's Stormwater Web Site http:// www.cpa.gov/npdes/stnrmwaler . Stormwater Phase II Final Rule Fact Sheet Series . Stormwater Phase II Final Rule (64 FR 68722) . National Menu of Best Management Practices for Stormwater Phase II . Measurable Goals Guidance for Phase II Small MS4s . Stormwater Case Studies . And many others o The NPDES permitting authorities were required to issue general permits for Phase II-designated small MS4s and small construction activity by December 9, 2002. o Operators of Phase II "automatically" designated regulated small MS4s and small construction activity were required to obtain permit coverage within 90 days of permit issuance. o The NPDES permitting authority may phase-in coverage for small MS4s serving jurisdictions with a population under 10,000 on a schedule consistent with a State watershed permitting approach. o Operators of regulated small MS4s must fully implement their storm water management programs by the end of the first permit term, typically a 5-year period.