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HomeMy WebLinkAbout03-05-09 Special Called Meeting of the La Porte Planning and Zoning Commission Planning and Zoning Commission Minutes of March 5, 2009 Members Present: Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., Paul Berner, David Janda (Alt 1), and Lou Ann Martin (Alt 2) Members Absent: Doretta Finch City Staff Present: Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; Planning Assistant, Shannon Green; Councilman Tommy Moser, and Councilman Mike Clausen Others Present: 1. Call to Order. Meeting called to order by Chairman Lawler at 6:01 p.m. 2. Consider approval of a subdivision plat for the La Porte Independent School District's Agricultural Science and Operations Facility to be located at 2015 Sens Road. Masood Malik, City Planner, gave staffs report. The applicant, La Porte Independent School District (LPISD) is platting 35.461 acres of land into one reserve and one block for future development of an Agricultural Science building, school bus operations, and a maintenance facility. The property is located approximately 4500' north of the intersection of Sens Road and Spencer Hwy. Staff finds the plat meets applicable provisions of the State Laws and the City Ordinances. Motion by Paul Berner to approve the subdivision plat for the Agricultural Science and Operations Facility to be located at 2015 Sens Road. Second by Les Bird. The motion carried. Nays: Abstain: Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., Paul Berner, and David Janda (Alt 1). None None Ayes: 3. Consider approval of a Major Development Site Plan for the La Porte Independent School District's Agricultural Science and Operations Facility to be located at 2015 Sens Road. Masood Malik, City Planner gave staffs report. The applicant, LPISD is proposing an agricultural science, maintenance, and operations center along Sens Road, south of North L Street. Staff has reviewed the Development Plan and found it complies with the Development Ordinance. Section 5.02 of the Development Ordinance empowers the Commission to require pedestrian sidewalks when it feels their inclusion will serve the public interest. Staff recommended the installation of sidewalks along Sens Road after completion of Sens Road construction. The applicant is providing detention for the site, although not required. Motion by Lou Ann Martin to approve a Major Development Site Plan for the La Porte Independent School District's Agricultural Science and Operations Facility to be located at 2015 Sens Road with staff to ensure the following items are completed: . Furnish the City an approval or Express Review Sheet by Harris County. . Provide the City a copy of driveway permits issued by Harris County prior to City issuance of any building permits. . Installation of sidewalks along Sens Road after completion of Sens Road construction. Second by Nick Barrera. The motion carried. Nays: Abstain: Hal Lawler, Dottie Kaminski, Nick Barrera, Les Bird, Kirby Linscomb, Jr., Paul Berner, and David Janda (Alt 1). None None Ayes: Planning and Zoning Commission Minutes of March 5, 2009 Page 2 of3 4. Consider approval of a Major Development Site Plan for the La Porte Independent School District's proposed Bayshore Elementary School to be located at 800 McCabe Road. Masood Malik, City Planner gave staffs report. The applicant, LPISD, is requesting approval of a Major Development Site Plan for proposed Bayshore Elementary. This property is located on the northeast corner of McCabe Road and State Highway 146. This Major Development Site Plan meets the requirements found in Section 106-659 of the Code of Ordinances. Regional detention is available for this site. On-site detention is not required. Staff has reviewed the development plan for Bayshore Elementary School and found it to be in substantial compliance with applicable ordinance requirements. The Plan is recommended for approval with the following. . Furnish the City an approval or Express Review Sheet by Harris County. . Provide the City a copy of driveway permits by Harris County prior to the issuance of any building permit. . Applicant files appropriate changes to General Plan and Special Conditional Use Permit to reflect the conditions of this re-approval. Chairman Lawler allowed Mike Clausen to answer a question about a risk assessment being performed for the site. Mr. Clausen stated that the School District has employed ABS Consulting to perform a risk analysis study of the property. Phase 1 is complete. Phase 2 will be complete within 60 days. Motion by Nick Barrera to deny Bayshore Elementary School Major Development Site Plan. Second by Dottie Kaminski. The motion Failed. Ayes: Nays: Abstain: Dottie Kaminski and Nick Barrera Les Bird, Paul Berner, Hal Lawler, and David Janda Kirby Linscomb Motion by Les Bird to approve Bayshore Elementary School Major Development Site Plan with the following: . Furnish the City an approval or Express Review Sheet by Harris County. . Provide the City of a copy of driveway permits by Harris County prior to the issuance of any building permit. . Applicant files appropriate changes to General Plan and Special Conditional Use Permit to reflect the conditions of this re-approval. Second by Hal Lawler. The motion Failed. Ayes: Nays: . Abstain: Hal Lawler and Les Bird Paul Berner, Dottie Kaminski, David Janda, and Nick Barrera. Kirby Linscomb Commissioner Lou Ann Martin left the meeting at 7:45pm. Motion by Nick Barrera to deny Bayshore Elementary School Major Development Site Plan, due to lack of a suitable detention pond on the site. Second by Dottie Kaminski. The motion Failed. Ayes: Nays: Abstain: Dottie Kaminski and Nick Barrera Les Bird, Paul Berner, Hal Lawler, and David Janda Kirby Linscomb Motion by Les Bird to approve a Major Development Site Plan for the La Porte Independent School District's proposed Bayshore Elementary School to be located at 800 McCabe Road as presented with the following: . Furnish the City an approval or Express Review Sheet by Harris County. Planning and Zoning Commission Minutes of March 5, 2009 Page 3 of 3 . Provide the City a copy of driveway permits by Harris County prior to the issuance of any building permit. . Applicant files appropriate changes to General Plan and Special Conditional Use Permit to reflect the conditions of this re-approval. Second by Paul Berner. The motion Failed. Ayes: Nays: Abstain: Hal Lawler, Paul Berner, and Les Bird Dottie Kaminski and Nick Barrera Kirby Linscomb and David Janda Commissioner Lawler called for a 10 min. break. Discussion resumed at 8:05 p.m. Motion by David Janda to adjourn. Second by Kirby Linscomb. David Janda withdrew his motion and Kirby Linscomb withdrew his second. Motion by Les Bird to approve a Major Development Site Plan for the La Porte Independent School District's proposed Bayshore Elementary School to be located at 800 McCabe Road as presented with staff to ensure the following items are completed: . Furnish the City an approval or Express Review Sheet by Harris County. . Provide the City a copy of driveway permits by Harris County prior to the issuance of any building permit. . Applicant files appropriate changes to General Plan and Special Conditional Use Permit to reflect the conditions of this re-approval. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Hal Lawler, Paul Berner, Les Bird, David Janda, and Kirby Linscomb. Dottie Kaminski and Nick Barrera 5. Administrative Reports There were no reports. 6. Commission Comments David Janda - requested a workshop to review Section 106-64 of the Code of Ordinances and its relationship with Development Ordinance #1444. Hal Lawler - requested a review of "Robert's Rules of Order." Dottie Kaminski/Paul Berner - requested staff ensure all Commission Members receive updated reference material. Les Bird - Commented that decisions of the Commission are based on guidelines and ordinances not emotions and the heart. Nick Barrera - Commented the Commission should not have been put in this position. 7. Adjourn Motion by Dottie Kaminski to adjourn. Second by Paul Berner. Chairman Lawler adjourned the meeting at 8:20pm. SU'6rrftted by,' /1 '~ '~~nnon Green. Planning Assistant ,<.1 Motion Carried unanimously. day of --111."'d-- , 2009. Hal Lawler Chairman, Planning and Zoning Commission Rezone Request #R08-003 Exhibits A. Staff Report B. Area Map C. Application D. Survey Map E. Public Notice Response Staff Report March 19, 2009 Zone Change Request #R08-003 Requested by: Troulon Realty Ltd., and Oak Park, LLC. Requested for: Approx. 14 acres being TR 27 of Block 27, TR 28 of Block 28, Nebraska Syndicate and TR 3, being situated in the Enoch Brinson Survey, Abstract 5 Volume 65, Page 175, H.C.D.R., La Porte, Harris County, Texas. Location: 1400 North 10th Street Land Use Map: Commercial Industrial Uses Present Zoning: Business Industrial (HI) Requested Zoning: Planned Unit Development (PUD) Surrounding Zoning: North - LI South - BI East - LI West - PUD across State Highway 146 The subject property is located to the east of State Highway 146 frontage road (formerly 10th Street), west of 8th Street (unimproved right-of-way) north of'L' Street (now Harris County Flood Control drainage channel), and south of Union Pacific Railroad (formerly Southern Pacific). The site is located closely to the Barbour's Cut Terminal and few miles from the Bayport Terminal, two primary container terminals for the Port of Houston Authority (PORA). Harris County Appraisal District records show the property in question as a Mobile Home Park since 1950. The subject property is within the vicinity of commercial and industrial facilities in the area near upper Galveston Bay. Background: While reviewing this request, staff discussed the following issues: . Pre-existing and non-conforming use . Non motor freight transportation & warehousing in the present zoning district . Rezoning The subject property has a pre-existing and non-conforming issue associated with this site; e.g. Mobile Home Park, a residential activity is prohibited in an industrial district. Under current provisions, it is allowed to continue until it is abandoned. A warehouse facility is being proposed for the subject site. Currently, the property is zoned Business Industrial. As per Section 106-541 of the Code of Ordinances, ''the purpose of business industrial park district is to provide for the establishment of industrial development that is compatible with surrounding or abutting residential districts and to encourage high level performance standards. In addition, the development in the business industrial park #R 08-003 P&Z 3/19/09 Page 2 of3 district is limited to administrative, wholesaling, manufacturing, and related compatible uses, with suitable open spaces, landscaping, and parking areas". The option of rezoning relates to the applicant's desire to provide future rail service to a proposed motor freight warehouse. As per Section 106-521, Table A, industrial uses, "Railroad Transportation is permitted in Heavy Industrial (HI) zoning district". However, the applicant has pursued this option of rezoning to Planned Unit Development (PUD). Multiple zoning designations for a parcel ofland are not suggested. Analvsis : In considering this request, Staff reviewed the following elements of the Comprehensive Plan: Land Use - One of the objectives of the land use element of the City's Comprehensive Plan is to achieve orderly, contiguous development that is compatible with adjacent land parcels and consistent with zoning. The City's Land Use Plan indicates this area developing with commercial industrial uses. 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. Transportation - The property in question has approximately 1000 feet of frontage along the State Highway 146 North feeder road, which should accommodate traffic generated by future development. In addition, railroad transportation could be available to this tract to the north. Highway Corridor Standards - One of the goals of the Comprehensive Plan is to include consideration of landscaping, additional setbacks, visual attractiveness and the preservation of green spaces along the major highway corridors. Special performance standards for development in the Business Industrial zoning district stipulate compatible uses with open spaces, landscaping, and parking. The subject property is located near the entrance gateway to La Porte. Future development in this area should enhance the entrance corridor to the City. Special Use Performance Standards - Section 106-522, table B, industrial area requirements of the Code of Ordinances show building setbacks for Business Industrial (BI) zoning districts as Front 50', Rear 40', and Sides 30'. Maximum lot coverage (roofed over improvements) is 50%. If approved to PUD, similar district setbacks of Front 50', Rear 40', and Sides 30' should be retained with maximum lot coverage up to 50%. Currently, exterior building design standards of 100% masonry/glass products are applicable to GC & BI zoned properties along major thoroughfares. The specific requirement shall be applicable for the requested rezoning as well. With a requested Planned Unit_Development district, stringent building setbacks, lot coverage, and facade requirements will have positive aesthetic impacts at the entrance corridor to La Porte. Having said parameters in place, future development will not negatively impact the corridor enhancement plans for State Highway 225 and State Highway 146. #R 08-003 P&Z 3/19/09 Page 3 of3 Conclusion! Recommendation: Utilities - Currently, the site has sufficient water and sewer facilities to serve this development. It will be the applicant's responsibility to provide any structures or improvements necessary to accommodate increased demand of water and sanitary sewer for future development. Fire protection and storm water management are potential issues, which should be carefully reviewed with a site development plan. Additional fire hydrants would be required. In addition, on-site detention may be required depending on the design criteria for the FIOI system and proposed development site plan. Based on the above analysis, staff fmds the requested change is compatible with the zoning and uses of nearby properties. The tract in question is suitable for the requested change to PUD with an underlying land use of commercial/industrial. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It would not have a significant impact on traffic conditions in the area and utilities would not be affected. In reviewing this request the Commission should consider the following points: . There was no apparent error in assigning the present zoning designation to the tract in question. . The applicant's requested zoning provides some flexibility for the developer while at the same time allowing the City to review specific uses subject to Special Conditional Use Permit and site layouts at the various stages of the development. Staff recommends approval of the rezone request with an understanding that any further development shall require SCUP to be approved by the City. Options available to the Commission are: . Recommend to Council approval of this rezoning request from BI to PUD. . Recommend to Council denial of this rezoning request from BI to PUD. . Table this item for further consideration by the Commission. REZONE REQUEST #R08-003 N w.E S z [f) :I: Z ...... [f) ~ '" :I: ...... ~ en . . FAjRLAN&-------~ i!) ~ Iao1J ;:: ~ z z iT B OFFICE USE ONLY: Fee: $300.00 CITY OF LA PORTE APPLICATION FOR ZONE CHANGE REQUEST Application No.: Date Received: Receipt No.: 08 - 003 /1-3-{)8" /:2 t flit Note: This Fee is Non-Refundable Regardless of the CommissionlCC's Decision Certified Plans Submitted: ( ) General Plan ( ) Minor Development Site Plan () () Major Development Site Plan Preliminary Plat Applicant: _Glenn L Roberts (Troulon Realty Ltd), Hal H Lawler (Oak Park LLC) Name _2260 W. Holcombe Blvd., Houston, TX 77030_ PH: Address _713-817-9491___ Owner's Name: same Address: _1306 North Tenth Street, La Porte, TX 77571 Legal Description: ___TR 27 BLK27 & TR 28 BLK28 & TR 3 ABST 5 E BRINSON NEBRASKA SYNDICATE_ I am the owner of the herein described property and N/A is authorized to file this application on my behalf: _Feb 2, 2009 Date -!s/ Glenn L Roberts Owner or Authorized Agent Present Zone: Business-Industrial Requested Zone: _P.U.D. SIC# Proposed Usage: _truck-serviced warehouse Office Use Only Date of P&Z Public Hearing: Recommendation: YorN Applicant & adjoining property owners notified: City Council Meeting Date: Approved: YorN This application is: Approved () Denied ( ) Adopted by Amendment Ord.#: Comments: EXHIBIT C "TROULON INDUSTRIAL PARK" DEVELOPMENT PLAN PHYSICAL ADDRESS: LEGAL DESCRIPTION: 1306 North 10th Street, La Porte, TX 77571 TR 27 BLK 27 & TR 28 BLK 28 & TR 3 ABST 5 E BRINSON NEBRASKA SYNDICATE SITE: 14.998 acres by recent survey, bordered on the west by Highway 146; on the north by UP rail line; on the east and south by Harris County Flood Control District concrete culvert. All neighboring properties are currently used either for heaw industry, container storage, or as truck/chassis parks. No residential subdivision is adjacent to the site. Aside from two billboards, the site is not visible from Highway 146 due to the elevated nature of the overpass. CURRENT ZONING: REQUESTED ZONING: Business-Industrial Planned Unit Development (P.U.D.) CURRENT USE: DESIRED USE: Mobile Home park Truck-serviced Warehouse as the site's highest and best use. BACKGROUND: The site currently rents space to trailers. Potential corporate lessees have requested re-zoning and stabilization of the property as a prerequisite to discussing a lease or entering into a ioint venture. We believe no development is likely in the near future without the requested zoning change. INITIAL PHASE: Stabilize the ground. WAREHOUSE PHASE: Currently in discussion with lenders and potential joint venture partners and lessees. TRANSPORTATION: Access is from Highway 146 feeder-street and a two-way truck-high underpass. Approval of the requested change will help divert truck traffic away from Barbours Cut Blvd and relieve traffic congestion in La Porte's residential areas. APPLICANTS: Glenn L Roberts (Troulon Realty Ltd) 2260 W. Holcombe Blvd., Suite 176 Houston, TX 77030 713-817-9491 troulonr@aol.com Hal H Lawler (Oak Park LLC) 1400 North 10th St La Porte, TX 77571 832-860-5411 SURVEYOR: Matt Sigmon (Tetra Surveys) 5909 West Loop South, Ste 600 Houston, TX 77401 (713) 462-6100 SUBMITTED: February 2, 2009 No Responses Received EXHIBIt t Preserve at Taylor Bayou General Plan Exhibits A. Staff Report B. Area Map C. Application D. General Plan Staff Report March 19,2009 Preserve at Taylor Bayou General Plan ReQuest: ReQuested Bv: ReQuested For: Present Zonine:: ReQuested Use: Backl!round: Analvsis : Approval of General Plan for Preserve at Taylor Bayou Eddie Dutko, General Partner A 107.19-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. lbis property is further described as being located in the 700 Block of McCabe Road. Planned Unit Development (PUD) Single-Family, Multi-Family Residential, Townhomes, & Commercial. lbis property is located at the southeast comer of State Highway 146 and McCabe Road. It is bounded on the east by Shady River Subdivision and on the south by Shoreacres. Several years ago, the Commission and Council approved a General Plan and Special Conditional Use Permit (SCUP) for this location. Previously, the Commission granted two I-year extensions for this project. Lately, another one year extension request was denied, as no construction occurred at site. The current application submits a General Plan for: . 180 Multi-Family units (9 apartment buildings and 1 Clubhouse) . 26 lots Single-Family detached . 35 lots Single-Family special or zero lot line . 8 Townhomes . 1 lot, Neighborhood Commercial on 1.35 acres . 1 lot, Nature Preserve . 1 lot, open area/park . Proposed Bayou Forest Drive (60'ROW) . Mitigation Pond Development in a PUD zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (SCUP) be submitted and processed simultaneously. Upon approval of the General Plan and SCUP by City Council, the applicant would be authorized to proceed with the platting and development plans for the site. Section 4.01 and Appendix C of the City's Development Ordinance establish review criteria for major subdivisions. Staff also used criteria in the City's Zoning Ordinance and Comprehensive Plan to review this project. EXHIBIT A Preserve at Taylor Bayou March 19,2009 Page 2 of5 Land Use - Review of the City's Land Use Plan indicates this 107- acre area was envisioned as developing as low density residential with a small comer for commercial uses. However, this proposed development is considered to be a mixed use development. The property is zoned Planned Unit Development (PUD) where single- family, multi-family residential (apartment complex), and commercial are allowed subject to General Plan approval and Special Conditional Use Permit by the City. Residential Development - Single-family lots are shown along east, southwest, and south boundary line of the proposed development. Minimum lot area is 6,000 sq.ft., however, building line shown is 10' (min. 25' is required per ordinance). Single-family special or zero lot line requires a minimum of 4500 sq.ft. but the note on the plan shows that patio homes do not meet this ordinance requirement. In addition, it does not meet the minimum yard setbacks. Multi-Family Regulations - As required by multi-family regulations adopted by the City on October 14, 2002, the multi-family development is located at least 1,000 ft. from other multi-family residential developments of 20 or more units. The proposed development does not exceed 180 dwelling units, the limit established by City Ordinance. However, the overall density equals 20 dwelling units per acre (DU/A) which exceeds 14 du/a allowed by the ordinances. TransportationlInterior Circulation - The developer is proposing two points of entrance/exit off McCabe Road. These common access drives will serve the entire development and Nature Preserve. The complex will have primary access on McCabe Road (IOO'ROW), which may accommodate the traffic generated by this development. A traffic analysis study was submitted for this development, including the nature preserve and commercial tract. This is summarized as follow: The study mentions the future TxDOT Highway 146 improvements, but concludes no impact on the study or development. The study gives a cursory mention of other developments but generalizes a 5% annual growth and takes that factor into the estimates for the survey. That rate is average for the HGAC region although local estimates can be much higher. The growth, according to the study, will not have a significant impact on the development or the traffic flow in relation to level-of-service ratings because of the limited access between McCabe Road and SH 146 now and in the future. With Level-Of-Service (LOS) A being the best, LOS D being acceptable and LOS F being severely congested service, the study cites that the development, given the parameters stated above, will rate no Preserve at Taylor Bayou March 19, 2009 Page 3 of5 worse than LOS B and concludes no adverse impact for this development. Sidewalks - As per Section 5.02 of the Development Ordinance, the Commission required pedestrian sidewalks for the development. The developer shall be responsible for construction and installation of sidewalks within the complex. In addition, the developer shall construct sidewalks along McCabe Road up to the end of the subdivision line near SH 146. Parks and Recreation - Section 12.0 of the City's Development Ordinance requires the developer to provide on-site open space and recreational space or to remit fees in lieu of parkland dedication to the City. The developer may submit to the City for approval a park plan showing the playground equipment that will be installed in the proposed park and Nature Preserve areas. Staff suggests pedestrian/bicycle trails to be incorporated into the development. This would connect the developments private areas with the public pedestrian, hike & bike trail system. Utilities - There are sufficient water distribution facilities along McCabe Road to supply potable water and fire protection to the proposed project. Provisions need to be made to ensure that sufficient utility extensions are constructed to serve this development. Sanitary sewer service is near to this site, and must be connected with the development to the north, "Lakes at Fairmont Greens." The design and construction of all water and sewer systems shall be in conformance with the City's approved Public Improvement Criteria Manual (pICM). Subdivision storm water is shown under street paving. General Plan shows portions of proposed parking and paving is placed over public utilities. Infrastructure should be placed in a separate easement or in a right-of-way outside pavement. In addition, storm water line size varies from 18" to 42". Proposed trash compactor issue needs to be resolved. Drainage - The General Plan shows that all storm drainage sheet flows directly on to the undevelopable portion of the development. This analysis requires Harris County Flood Control District and City of La Porte approval. Drainage easements and mitigation pond are proposed for anticipated outfall to the adj acent Harris County Flood Control District (Taylor Bayou) facility. Outfalls have to be determined and coordinated with the Army Corps of Engineers, Harris County Flood Control District, and easements from Shady River Subdivision. Permits by Army Corps of Engineers and Harris County Flood Control District must be presented to the City prior to issuance of any building permits. Preserve at Taylor Bayou March 19, 2009 Page 4 of5 Conclusion! Recommendation: Nature Presenre -The applicant is working towards the dedication of (approx. 76-78 acres) nature preserve to the City. While the issues are being worked towards resolution, several questions remain. While the City maintains an interest, a concept of dedicating "Nature Preserve" to the City of La Porte must be considered in light of the City's Parks Master Plan 2002. The concept needs to be presented in more detail, including the layout, clearing of tallow trees and other brush, trail materials used, other structures being built (e.g. decks, benches etc., if any), estimated yearly maintenance costs and possible control of hours of operation to see if the acquisition is in line with the City's projected budget. The City would also require a detailed, formal dedication instrument including all Army Corps mandates to review before considering fInal acceptance of the concept. Based on the above analysis, staff believes that the current submittal requires further refInement and coordination in the areas of overall site planning, utilities and Preserve dedication. Staff will continue to work with the developer to address issues with this development. We solicit the Commission's input while considering the following conditions: 1. Lot numbers 22 and 23 are missing in block 1, phase II, as total lots equal 26 not 28. 2. Front building line/setback shall be 25' not 10' as shown on the plan. 3. Note #2 shows that patio homes do not meet the minimum lot area of 4,500 sq. ft. In addition, it does not meet the minimum yard setbacks of front 20'and min. lot width of 40'. 4. Issues of 20' wide alleys, circulation/maneuvering, maintenance, and franchise utility easements. Staff suggests redesign Sections II & IV to meet the minimum standards as per Code of Ordinances. 5. Provide public access to Nature Preserve via phase II, block 1. 6. An overall density of the multi-family (Section V- apartments) has exceeded 14 dwelling units/acre allowed by the ordinance. General Plan shows 9 buildings with 180 units & 1 clubhouse on 9.074 acres, which equals 20 dwelling units per acre. 7. Delete "lift station" shown on the plan as 40'x50' easement/area is for existing SBC facility. 8. Explain note #4 (flex buildings) shown on the general plan. Indicate use of northern half of Section 1. 9. Verify use of Section VI (commercial tract), Phases, Section III and Section VII is inconsistent. 10. Build minimum 10 parking spaces for the Nature Preserve. 11. Section VIII (Nature Preserve) acreage ranges from 76 to 78. The current General Plan shows 74.793 acres. Section VII should be a part of Nature Preserve or labellandscapelbuffer to be maintained by the developer. Preserve at Taylor Bayou March 19,2009 Page 5 of5 12. Section III (proposed mitigation pond) must be developed simultaneously with the development of Section V (proposed multi- family development). 13. Is proposed Bayou Forest Drive (Section IX) a public or private street? Provide a copy of recorded document. Indicate if the street shall be constructed per City's standard specs. and the owner/developer shall be responsible for its maintenance. Please state the purpose, extent of development, dead end to SH 146, and timeline for its construction. 14. What is the purpose of proposed berm along State Highway 146 - submit plans, indicate timeline of construction, and identify the developer on the plan. 15. Storm sewer is proposed under pavement. Explain 30' drainage easement to the southwest along State Highway 146. 16. Furnish wetland delineation permit & extension from Army Corps of Engineers. Approval of overflow structure by Harris County Flood Control District and the City shall be required. 17. Show sidewalks along McCabe Road commencing from Taylor Bayou to SH 146. 18. Submit a proposed schedule of construction. The development schedule shall indicate the approximate starting date of each phase of the development. Options available to the Commission are: . Approve the General Plan as filed; . Conditionally approve the General Plan as fIled, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the Chairman of the Planning and Zoning Commission. . Disapprove the General Plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning and zoning Commission. N A PRESERVE @ TAYLOR BAYOU Legend =Proposed Development =Nature Preserve EXHIBIT B CITY OF LA PORTE PLAT /MAJOR DEVELOPMENT SUBMITTAL APPLICATION (All plat submittals to be reviewed and considered for presentation to the Planning and Zoning Commission must be accompanied by this application and necessary documentation listed berin. Submittals will not be reviewed by staff without this application.) Office Use Only Date Received: ;< -;(;; - ()Cf Submittal #: 0 9 - () / Receipt #: 6;< 7L; 4 Planning & Zoning Meeting Date: 3- / Cj- oCj TYPE OF SUBMITTAL General Plan~ Preliminary PlatLJ Final PlatLJ Major Development Site PlanL) ReplatLj Date: Feb 26, 2009 Contact Person(s): Deborah D. Mason, PE Mailing Address: Winc Engineers 1147 Brittmoore, Suite 1 Houston. Texas 77043 Email Address:Debbie@WincEngineers.com Phone: 713/461-8350 Name of Proposed Development: Preserve at Taylor Bayou Name of Developer: Eddie Dutko Land Holdinq Corporation Number of Sections: 9 Number of Lots: 71 Legal Description of Property: Filing Fee: 107.16 acre tract of land out of the WP Harris Survey, Abstract No. 30. Harris County, Texas Deborah D. Mason, PE President Winc Engineers Signature of Authorized Re resentative Amount: $100 Receipt #: (Checks should be made payable to the City of La Porte.) List all Other Contact Persons: Name Name Name Address Address Address Phone Phone Phone Fax Fax Fax EXHIBIT C Preserve at Taylor Bayou Special Conditional Use Permit #SCU09-002 Exhibits A. Staff Report B. Area Map C. Application D. Draft SCUP E. General Plan F. Public Notice Response Staff Report March 19,2009 Preserve at Taylor Bayou Special Conditional Use Permit #SCU09-002 ReQuest: ReQuested Bv: ReQuested For: Present Zonine:: Land Use Map: ReQuested Use: Baclmround: Consider approval of Special Conditional Use Permit Eddie Dutko, General Partner A 107.16-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located in the 700 Block of McCabe Road. Planned Unit Development (PUD) Low-Density Residential Single-Family, Multi-Family, Townhomes, and CommerciallRetail. . This property is located at the southeast comer of State Highway 146 and McCabe Road. It is bounded on the east by Shady River Subdivision and on the south by the City of Shoreacres. . This is an on-going project for which the Planning and Zoning Commission and City Council have previously approved various General Plans and Special Conditional Use Permits. . Lately, City Council approved an Amended General Plan and a Special Conditional Use Permit at their December 12,2005, meeting. . Since the last approval, the applicant received two I-year extensions as per provisions of Section 1 06-659 (c) of the Code of Ordinances. . Concurrently, a third I-year extension request was denied by the City. Now, the developer has submitted a new General Plan for the said project. The features of the plan are as follows: . Single-Family Residential- 26 lots, (4.8 du/a allowed) . Single-Family (patio Homes) - 35 lots, (6 lots/acre allowed) . Townhomes - 8 units, (10 units/acre allowed) . Multi-Family - 180 units, (14 units/acre allowed) . CommerciallRetail Development in a PUD zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (SCUP) be submitted and processed simultaneously. Upon approval of the General Plan and SCUP by City Council, the applicant would be authorized to proceed with the platting and development site plans for the phase development. EXHIBIT A Preserve at Taylor Bayou March 19,2009 Page 2 of5 Analvsis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: . Uses - Review of the City's Land Use Plan indicates this 107-acre area was envisioned as developing as low density residential with a southeast comer for commercial use. However, this proposed development is not considered to be an overall low-density residential but a mixed use development within the spirits of the Planned Unit development. In addition, the Nature Preserve or Conservation Easement would serve as a buffer between their proposed development and surrounding properties. . Streets - The proposed development is located at the comer of State Highway 146 and McCabe Road The developer is proposing two points of entrance/exit off McCabe Road. These common access drives serve an entire development and Nature Preserve. Further coordination with TXDOT for future plans for SH 146 is required. The possible addition of turn lane on McCabe road should also be considered. Monetary contribution shall also be applicable. Traffic Analvsis: The applicant has submitted a traffic analysis study report. The report previously had taken into account an entire development for a build-out in 2007. It also included the Commercial Strip Center and Nature Preserve as an estimate with no other detail of their nature. The study mentions the future TxDOT Highway 146 improvements, but concludes no impact on the study or development. The study gives a cursory mention of other developments but generalizes a 5% annual growth and takes that factor into the estimates for the survey. That rate is average for the HGAC region although local estimates can be much higher. The growth, according to the study, will not have a significant impact on the development or the traffic flow in relation to level-of-service ratings because of the limited access between McCabe Road and SH 146 now and in the future. With Level-Of-Service (LOS) A being the best, LOS D being acceptable and LOS F being severely congested service, the study cites that the development, given the parameters stated above, will rate no worse than LOS B and concludes no adverse impact for this development. . Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. The site for this development does, however, split Flood Zone X to the west and a Flood Zone AE to the East. A flood plain development permit shall be required by the City. Preserve at Taylor Bayou March 19, 2009 Page 3 of5 . Density - Staff utilized the Land Use Plan as a guide with the designated land use as Low Density Residential. There are 26 single-family detached lots proposed for 4.17 acres with a development ratio of 4.8 units per acre. Single-family Patio Homes with 35 do not meet the minimum lot area, width, and setbacks requirement. Eight townhomes on 1.768 acre tract comply with minimum site area per unit requirement. 180-unit multi-family residential development shows 9.074 acres with a density of 20 dwelling units per acre. Whereas, ordinances allow 14 units per acre (Section 106-333, Table B, residential area requirements). . Utilities - There are sufficient water distribution facilities along McCabe Road to supply potable water and :fire protection to this proposed project. Provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. Sanitary sewer service is near to this site, and must be connected to the north development along McCabe Road. The said project will be transporting the sanitary sewer flow north through the Lakes at Fairmont Greens, a subdivision off State Highway 146 and Wharton Weems Boulevard. Based on the current conditions, the Preserve at Taylor Bayou, when hooked up to the new 24" trunk main going north for sanitary sewer represents 31.2% of the total cost of construction. Monetary contribution shall be required for the system upgrade to handle both north and south developments. . Drainage - This property lies within the Taylor Bayou Watershed. The City has a master drainage plan for the Taylor Bayou Watershed that was performed by the Civil Tech. The plan calls for regional detention for this area. Efforts should be made to work with the developer north of McCabe Road towards the implementation of this master drainage plan. The channel improvements to Taylor Bayou are not designed to directly receive storm water runoff from this project. The General Plan shows that all storm drainage sheet flows directly on to the undevelopable portion of the development. This analysis requires Harris County Flood Control District and City of La Porte approval. Drainage easements and mitigation pond are proposed for anticipated outfall to the adjacent Harris County Flood Control District (Taylor Bayou) facility. Outfalls have to be determined and coordinated with the Army Corps of Engineers, Harris County Flood Control District, and easements from Shady River Subdivision. Permits by Army Corps of Engineers and Harris County Flood Control District must be presented to the City prior to issuance of any building permits. Preserve at Taylor Bayou March 19,2009 Page 4 of5 . Nature Presenre -The applicant is willing to dedicate approximately 76-78 acres nature preserve to the City. The issues are being worked towards resolution. These issues may be coordinated and approved in a separate dedication instrument. The nature Preserve ownership and responsibility for its maintenance must be established prior to building permit issuance. At least 10 public parking spaces on-site and resident access to the nature preserve must be provided. Sidewalks - Section 5.02 of the Development Ordinance empowers the Commission to require pedestrian sidewalks when it feels their inclusion will serve the public interest. Staff would recommend the installation of sidewalks along McCabe Road. Owner/developer shall be responsible for the installation of sidewalks. Responsibility for construction of the sidewalks should be stated on the plan. ConclusionIRecommendation: Based on the above analysis, staff believes that the current submittal requires further refmement and coordination in the areas of overall site planning, utilities and Preserve dedication. Staff will continue to work with the developer to address issues with this development. If the Commission wishes to consider approval of this Special Conditional Use Permit request, staff recommends the following conditions as a minimum. be considered: 1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must be established. The City must approve the conservancy dedication instrument prior to issuance of any building permit. 3. The owner/developer shall be responsible for the maintenance of the 78.652 acre Nature Preserve/ Conservation Easement until transfer of ownership and/or responsibility to public/private entity. 4. Provide public parking (at least 10 spaces) for the Nature Preserve. 5. Show public access to the Nature Preserve near southeast of proposed Taylor Bayou Lane in the subdivision. 6. The design of the detention will be reviewed by the City and HCFCD to ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and Harris County Flood Control District must be presented to the City. 7. The developer shall build traffic calming devices/tools (e.g. right turn lane, signals etc.) to ensure that traffic congestion does not occur as a result of this project. 8. Construct sidewalks along McCabe Road or in easement. A note that owner/developer is responsible for the installation of sidewalks shall be stated on the plan. Preserve at Taylor Bayou March 19,2009 Page 5 of5 9. A copy of driveways permit by Harris County and Express Review Sheet must be submitted to the City. 10. The owner/developer must secure a maintenance bond according to the City's multi-family provisions, seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance to the project for the lifetime of the project. 11. This development must connect to the sanitary sewer along north of McCabe Road. 12. The owner/developer shall contribute 31.2% (approx. 50K) as proportionate cost for the construction of the south La Porte trunk sewer main, the portion of the lift station built north of the site and the portion of the off-site lift station at 8th and Little Cedar Bayou to handle both north and south developments. 13. The applicant must provide proof of funding allocation for overall project including off-site improvements. 14. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. Need a reference in the deed that if sold to non-profit, owner agrees not to claim tax exempt status runs with land or any other entity. 15. Proposed apartment complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 16. All utilities should be underground. Irrigation system is recommended for ensuring proper maintenance of landscaping/screening at site. 17. Purpose for the development and who is to be responsible for maintenance of landscape buffer and berm shall be specified on the plan. 18. There is no purpose of Proposed Bayou Forest Drive at the south City limits. 19. The applicant must provide covenants and restrictions for common areas in single-family and townhomes. 20. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP#09-002. · Recommend to Council approval of this SCUP with additional conditions. · Recommend to Council denial of this SCUP. OR Continue discussion at the Commission's next meeting to allow further study of item. This results in tabling any action on this item. N A PRESERVE @ TAYLOR BAYOU Leaend =Proposed Development =Nature Preserve EXHIBIT B OFFICE USE ONLY: ;:i:'rt (5t)1 ..' f:;OOC5 -t{ o~- ~ CITY OF LA PORTE APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT Application No.: ~~ IJ q.... () 02- Date Received: 2.. -u (2!i. Receipt No.: 'le^1~c:..1 ~ [E@[EDW~r~ Non-Refundable Fee - $3 J~O FEB 2 6 2009 W C~fied Plans Submitted: -() General Plan By ( ) Minor Development Site Plan () () Major Development Site Plan Preliminary Plat Applicant: Eddie Dutko Name PO Box 293 Address PH: 281/286-3400 ext 12 Business Name: Land Holding Corporation 107.16 acre tract of land out of the WP Harris Survey, Abstract No. 30, Harris County, Texas Legal Description: Zone: PUD SIC# Type of Business: Integrated Community of Single, Multi-Family, and Commercial Development Deborah D. Mason, PE President Winc Engineers Owner or Authorized Agent A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The grounds upon which I am making this request. * If applicant is NOT the owner, he must provide Authorization to act Office Use Only Feb 26, 2009 Date Date ofP&Z Public Hearing: Recommendation: YorN City Council Meeting Date: Approved: YorN This application is: Approved ( ) Denied ( ) Permit No. CLP Job# (if assigned): Conditions: EXHIBIT C" 'Draft' City of La Porte Special Conditional Use Permit #SCU 09-002 This permit is issued to: Eddie Dutko c/o Land Holdinq Corporation Owner or Agent P. O. Box 293. Leaque City. TX 77574 Address For Development of: Preserve at Taylor Bayou Development Name 700 Block of McCabe Rd. @ SH 146. La Porte. TX Address Legal Description: 28.508 acre tract out of 107 acre tract of land. W.P. Harris Survey Abstract-30. La Porte. Harris County. Texas Zoning: Planned Unit Development (PUD) Use: Sinqle-family. multi-family (apartmentsUownhomes. and commercial/retail. Permit Conditions: 1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must be established. The City must approve the conservancy dedication instrument prior to issuance of any building permit. 3. The owner/developer shall be responsible for the maintenance of the 78.652 acre Nature Preserve/ Conservation Easement until transfer of ownership and/or responsibility to public/private entity. 4. Provide public parking (at least 10 spaces) for the Nature Preserve. 5. Show public access to the Nature Preserve near southeast of proposed Taylor Bayou Lane in the subdivision. 6. The design of the detention will be reviewed by the City and HCFCD to ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permit with Army Corps of Engineers and Harris County Flood Control District must be presented to the City. 7. The developer shall build traffic calming devices/tools (e.g. right turn lane, signals, etc.) to ensure that traffic congestion does not occur as a result of this project. 8. Construct sidewalks along McCabe Road or in easement. A note that owner/developer is responsible for the installation of sidewalks shall be stated on the plan. 9. A copy of driveways permit by Harris County and Express Review Sheet must be submitted to the City. 10. The owner/developer must secure a maintenance bond according to the City's multi-family provisions, seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance to the project for the lifetime of the project. 11. This development must connect to the sanitary sewer along north of McCabe Road. 12. The owner/developer shall contribute 31.2% (approx. 50K) as proportionate cost for the construction of the south La Porte trunk sewer main, the portion of the lift station built north of the site and the portion of the off-site lift station at 8th and Little Cedar Bayou to handle both north and south developments. 13. The applicant must provide proof of funding allocation for an overall project. 14. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. Need a reference in the deed that if sold to non-profit, owner agrees not to claim tax exempt status runs with land or any other entity. 15. Proposed apartment complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. EXHIBIT D 16. All utilities should be underground. Irrigation system is recommended for ensuring proper maintenance of landscaping/screening at site. 17. Purpose for the development and who is to be responsible for maintenance of landscape buffer and berm shall be specified on the plan. 18. There seems to be no purpose of proposed Bayou Forest Drive at the south City limits. 19. The applicant must provide covenants and restrictions for common areas in single-family and townhomes. 20. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary No Responses Received EXHIBIT f Workshop Exhibits 1. Site Plan 2. SOBs Staff Report March 19, 2009 Workshop Purpose & Requirement: Any person desiring to improve property or any physical changes to the land shall submit to the City's Planning Department a certified site plan of the said premises showing to scale the size and location of new construction and existing structure on the site, distances from lot lines, the established street grades and proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. Other information, pertaining to the location, parking areas, location of easements crossing the property, may be necessary to ensure compliance with the current ordinances. However, a certified site plan is not applicable in the case of residential construction. Pre-requisite for issuance of Building Permit: A certified site plan for a proposed development is reviewed and approved by the City. Once the development site plan and building plans are approved, a building permit is issued accordingly. Every building permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance. Site Plan expiry date: Staff has noticed that several site plans have been approved but applications for permits have not been filed with the City. With persistent changes to the codes and other pertinent laws or ordinances of the City, the development conditions and circumstances may not be the same as at the time of the site plan approval. Staff suggests time limitation or validity of site plan approval period of I-year. After expiration, the site plan approval shall be deemed void and the developer has to submit a new certified site plan for the proposed development. Action by the Commission The Commission may elect to: ~ Direct Staff to develop a recommendation ~ Arrange a public hearing for next meeting Staff Report March 19, 2009 Workshop Sexually Oriented Businesses (SOB): During the February 19, 2009, meeting, the Commission directed staff to conduct a review of existing provisions of Chapter 106 (Zoning) regarding the sexually oriented businesses within the City limits of La Porte. The issue is raised as a follow up to a session attended by the Commissioners and staff during the 2009 Texas AP A Conference at EI Paso. Existine: Requirements: Code of Ordinances Zoning (Chapter 106) - Per Section 106-521, Table A, industrial uses, Adult Oriented Business, as defined in Section 90-31, shall only be located in areas designated as Heavy Industrial (HI) zoning district, as currently depicted on the City of La Porte Zoning Map. Uses (SIC Code#) BI LI HI Adult Oriented Business * * P (G) * - Not allowed P - Permitted Use (G) - Footnote "Noise" Entertainment (Chapter 90) - Article II, Sexually Oriented Businesses, Division 1. Generally, Sections 90-31 thru 90-34, definitions, purpose and intent, classifications, and amendments. Division 2. Administration and Enforcement. Division 3. Regulations. Article III. Taxi Dancing. Analvsis: Staff analyzed the provisions of sexually oriented businesses in Chapter 106 and noticed that footnote (G) is incorrect as it guides to provision "Noise" which is irrelevant in this case. Whereas, footnote G should be corrected to show as "g", which determines the location of adult oriented businesses. In addition, regulations such as General Provisions, Administration and Enforcement, and other information are delineated in the Entertainment Ordinance (Chapter 90) of the Code of Ordinances. A copy of the chapter was provided to the Commission at the February 19,2009, meeting. At the Commission's review is staff presentation to establish a coordination clause to correlate the provision of Zoning (Chapter 106) with Chapter 90 and correct a footnote.