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HomeMy WebLinkAboutO-2016-3619 Amending Chapter 106. SCUP NO. 15-910000072016-3619 • ORDINANCE NO_ & -�31� 14 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA FORTE, CHAPTER 106, MORE COMMONLY REFERRi<.D TO AS THE ZON�G ORDINANCE OF TI3I; CITY OF LA FORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO_ 15-91000007 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING A ENTERTAINMENT, COMMERCIAL AND MixT::D-USE DEVELOPMENT CENTER ON STATE HIGFIWAY 146 NORTH OF WHARTON VVEEMS BOULEVARD, IN A PLANNED UNIT DEVELOPMENT kPUD) DISTRICT; FINDIPLGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVER wRILITY CLAUSE; FINDING COMPLIANCE WITH TAE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY TILE CITY COUNCIL OF TI3E CITY OF LA FORTE, TEXAS_ Section 1_ Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #15-91000007, attached hereto as Exhibit A and incorporated by reference £or all purposes, to allow for the construction of an entertainment, commercial and residential mixed-use development center on property located on State Highway 146 north of Wharton Weems Boulevard, said facility to be located on a 20 acre tract legally described as Tract 1L, Tohnson Hunter Survey, Abstract 35, City of La Porte, 111arris County, Texas, within a ,• Planned Unit Development (PUD) zoning district_ Seetiou 2_ All ordinances or parts of ordinances inconsistent with the terms o£ this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinauecs regulating and goverr it o the subject matter covered by this ordinance. Section 3. Should any section or part o£ this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially Ends, determines, recites and declares that a sufficient written notice of the date, boor, place and subject of this meeting c f the City Council is posted at a place convenient to the public at the City Hall o£ the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during wbicb this ordinance and the subject matter thereof bas been discussed, considered and formally acted upon_ The City Council further rwtifics, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly �W mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of JANUARY, 2016. 4 A EST: atrice Fogarty, City S retary APPROVED: l�Askins, Assistant City Attorney #40 Utz • City of La Porte Special Conditional Use Permit #15-91000007 This permit is issued to: Turfway FEC LLC Owner or Agent 907 S. Friendswood Drive Suite 303; Friendswood, TX 77546 Address For Development of. La Porte Town Center Mixed Use Development Development Name Vacant 20 acre parcel,• located on State Highway 146 north of Wharton Weems Boulevard Address Legal Description: Tracts 1L Abstract 35 Johnson Hunter Survey Zoning: PUD Planned Unit Development Use: Entertainment Hotel and Conference Center. Commercial and Medium - Density Residential • Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. All buildings shall meet or exceed the Design Standards outlined in Article IX, Chapter 106 of the Code of Ordinances. 3. Land uses permitted in accordance with the La Porte Town Center General Plan, as may be amended from time -to -time. Any modifications to the approved General Plan require approval by the Planning and Zoning Commission in accordance with the city's Development Ordinance. 4. Land uses permitted in the commercial area (all areas excluding residential land uses) shall be in accordance with the uses permitted in Chapter 106, Zoning, of the city's Code of Ordinances Use Chart under GC (General Commercial) at the effective date of this SCUP, excluding the following uses: a. Automobile repair and maintenance (811111-811198); b. Construction, Mining and Forestry Machinery and Equipment Rental and Leasing (532412); C. Office Machinery and Equipment Rental and Leasing (532420); d. Other Commercial and Industrial Machinery and Equipment Rental and Leasing (532490); e. Transit and Ground Passenger Transportation (485111-485999); f. Motor Vehicle Parts and Dealers (441110-441228); g. Furniture and Related Product Manufacturing (337110-337122); h. Construction of Buildings (236115-236118); • i. Contractors (238110-238390). 5. The commercial area shall be developed in accordance with the requirements for the General Commercial zone district. However, if the developer desires to subdivide the commercial area, then setbacks shall be as follows: external property line adjacent to Highway 146 — 25 feet; external property line adjacent to north and south public right-of-way — 10 feet; internal property lines — 0 feet. 6. The residential land uses identified in the General Plan as "Townhouse" shall be constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only — not multifamily apartments or condominiums. Front setbacks for the townhouse development shall be permitted at a minimum of 5 feet from the front property line if the units contain rear -loaded parking and/or garages. 7. Additionally, the "Live -Work" units are permitted and shall comply with applicable setbacks that would be required for buildings in the Main Street Overlay District. If an attached garage is provided, then the rear setback for the building shall be 5 feet. 8. The perimeter boundaries of the property along the north and south property lines shall include the installation of an 8 -foot high solid masonry fence intended to mitigate the impact of development on future residential development, as identified in the city's Future Land Use Plan. Additionally, shade trees shall be planted at 20' on center along the fence line. If land uses on the adjacent properties are modified in the future allowing for similar uses, then such fence and landscaping shall not be required. Such fence shall be constructed prior to the completion of the final phase of development. 9. The applicant shall install the segment of the city's Hike and Bike Trail through the development area as identified in the city's Comprehensive Plan. The construction of the trail shall be in accordance with all applicable requirements and specifications required by the City Engineer. Additionally, following construction of the Hike and Bike Trail, the developer shall dedicate to the City of La Porte a permanent public trail easement 20' on center for the Hike and Bike Trail. 10. • The developer shall provide internal connection between the city's Hike and Bike Trail to the development. 11. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage. This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible, the developer may install planter islands at I per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally, hedges shall be planted at 3 -foot on center in two rows of plantings. Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 12. For the commercial portion of the development, parking shall be calculated based on the aggregate amount of parking required and proposed; joint parking is allowed. Additionally the applicant may include on -street parking, only where permitted by the city, toward the amount of parking provided for the development. 13. Parking is not permitted within any alley right-of-way. 14. The developer will be required to replat the subject property in accordance with the requirements of the city's code requirements. 15. All public streets internal to the development site shall be constructed in accordance with the city's Public Improvement Criteria Manual and shall be dedicated to the city. Regardless of phasing of the development, any dedication of public improvements identified as part of the plat must be accepted by the city prior to the recordation of the Final Plat. Should the developer desire to construct such public streets at a later time, then a development agreement shall be required between the city and developer that provides a financial guarantee, as approved by the city, that will ensure that said public roads will be installed and a date for which those improvements must be made. 16. Parking on any public street shall only be permitted on one side of the street and shall be signed by the developer in accordance with applicable sign requirements. 17. Access to any public right-of-way is subject to the requirements of Section 106-835, Figure 10-3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits shall be • • 1�1 presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. 18. The developer will be required to submit for approval by the City Engineer, a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with the city's Public Improvement Criteria Manual, or if discharging in a TXDOT or Harris County system, approval by such authority. 19. Because Highway 146 has been identified as a significant corridor in the community, the developer shall work with the Planning and Zoning Commission at the time of site plan review on a landscape theme along the Highway 146 frontage. Such theme shall be above and beyond the requirements outlined in Section 106-800 of the city's Code of Ordinances. 20. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 21. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant, shall be required. If any mitigation is required by the study, the applicant will be responsible for their proportion of the impact. All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 22. If extension of any public water or sanitary sewer line is required as part of this development, the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 23. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. 24. The hours of operation for the family entertainment center shall be 10:00 a.m. to 12:00 a.m. Sunday through Thursday and 10:00 a.m. to 2:00 a.m. on Friday and Saturday. There may be up to two days in a calendar month where the family entertainment center may remain open from 10:00 a.m. to 2:00 a.m. to accommodate special performances. The operator of the family entertainment center will be responsible for informing the city in writing at least two (2) weeks before such event. 25. The residential townhouses are required to be platted as part of the first phase of the development. A minimum of seven (7) townhouse units are required to be available for development as part of the initial phase of development. 26. A photometric plan will be required at the time of site plan submittal that will identify site lighting and the lumens proposed across the site. Lighting will need to be in compliance with the requirements of Section 106-310, Footnote A, of the city's Code of Ordinances. Failure to start construction of the building within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. VM ate: 1 Director o Plannin and Development ajz� Akzjb City Secretary C Development Memorandum Mayor and City Council of La Porte May it be known that Turfway FEC, LLC respectfully will submit through the planning department of City of La Porte, a request for approval of the La Porte Town Center on 20 acres off Hwy. 146. The 20 acre parcel is buffered to North by a 20 acre parcel and an approximate 50 acre tract to the South. To address any and all concerns we have respectfully agreed to certain conditions for the Special Conditional Use Permit of which has been approved by the Planning and Zoning Commission. As to reduce the redundancy in repeating those initial conditions and expanded conditions, the purpose of this memorandum is to clarify the use of alcohol, in specifically a Family Entertainment Center. According to a study conducted by White -Hutchinson their findings concluded that between 70% of adults in America drink alcohol, and rather regularly. In our most recent points of interest that was submitted to Planning and Zoning Commission that are closest competition is a cross between Main Event, Dave and Busters, and Stampede. Adding to the list, the largest operators of children's entertainment centers ( FEC's) is Chuck E. Cheese with 550 units across the United States. "This company learned a long time ago the importance of selling beer and wine. Family Entertainment Centers, the ones that target families together, such as Bullwinkles, Peter Piper Pizza, and John's Incredible Pizza, offer alcohol. The point is when it comes to socializing together, whether at a ballgame, out to dinner, at someone's house watching football or at a large gathering, such as a corporate group or a wedding, there is almost always alcohol available. According to White -Hutchinson, generating group business is essential to the success of any community-based family entertainment center. Accordingly it is of the belief of the Gilley's Family Entertainment Team that proper signage promoting responsible drinking and proper oversight by parents and staff, and security will lend favorably to a family experience in La Porte Town Center. Please know we are cognizant of the improvement of the "quality of life" as envisioned by the citizenry of La Porte and presented in the updated version of the 2012 Chapter of the Comprehensive Plan 6.1. ost Sinc ely C7 BAYFOREST RANCH, LTD. November 3, 2015 City of La Porte Planning & Development Department 604 W. Fairmont Parkway LaPorte, Texas 77571 To Whom It May Concern: We would like to notify you that Bayforest Ranch, Ltd has entered into an earnest money contract with Garden District Shopping Village PH II, Ltd and gives the Buyer's principal, David Miles, the necessary approval to apply for Special Conditional Use Permit and General Plan. Very truly yours, W. B• ry Kahn Managing Agent WBK/ad 6326 Katy Freeway, Suite One ■ Houston, Texas 77007 ■ (713) 871-0063 ■ Facsimile (713) 871-1916 • U La Porte Town � Center low La Porte Town Center La Porte Town Center is a Sports and Entertainment District proposed with a mix of uses including Family Multi -Event Venues, Hospitality, Conference, Theatre, Museums, Restaurants, Retail, Live -work units and Townhomes. This upscale, family friendly and social environment will be located off Hwy 146, (the future frontage as part of the Grand Parkway) on a 20 acre tract with high visibility and easy access for enhanced traffic circulation. The proposed pedestrian friendly town center is also located adjacent to the Bay Forest Golf Club and of a strategic location to downtown La Porte, Sylvan Beach, and Houston Yacht Club. To promote the "quality of life" for the citizens of La Porte, this unique offering will celebrate the heritage and culture of the area with Music, Golf, and Water amenities. As the anchor for the Town Center, a 50,000 square foot Entertainment Center will promote Branson -Type stage performances, a dance floor at night that duals as a roller rink during the day, boutique bowling, arcades, laser tag, pool tables, bumper cars, a Western clothing store and gift shops with coffee bar. A full service hotel with 114 rooms and a proposed 20,000 square foot conference, theatre, and museum will compliment and anchor the Center. Numerous restaurants will provide culinary experiences as a part of the 90,000 square foot retail cluster. A heritage park infills the Town Center with restaurant terraces that overlook this new social center for La Porte citizens and visitors alike. A professional 18 -hole miniature golf, bumper boats and water feature entertainment venue rounds out the components with theme restaurants and retail that supports these interactions between people and place. Pedestrian friendly sidewalks and a hike and bike trail will facilitate the experience and involve the community with pocket parks and scenic green views. Seven live -work units are offered as a part of the lifestyle and fourteen townhomes are planned along the Bay Forest Golf Course for those seeking livability investments. La Porte Town Center has it all; sports, entertainment, hospitality, shopping and dining to enhance the quality of life for La Porte citizenry, visitors and the business community. With the introduction of green technology and infrastructure, a center of corporate business and leisure could further permeate the social and economic benefits of tomorrows vision of the area. Supporting a special conditional use permit will further expedite the entitlement process. LET'S DO THISI 0 �W A Preliminary Report of the Projected Economic Impact of La Porte Town Center This report presents a preliminary economic analysis for the La Porte Town Center; a mixed-use sports and entertainment development in La Porte, Texas. DESCRIPTION OF THE 20 ACRE FACILITY The development includes the following concepts. • 50,000 square foot entertainment complex • 20,000 square foot conference, theatre, and museum • 8 restaurants • 50,000 square foot retail space • 5,000 square foot office space • 14 brownstone townhomes • 7 live/work spaces • �Mw• 114 2 room hotel acre park and water features OPPORTUNITY • $49,287,000 Estimated Annual Taxable Sales • $57,360,212 Estimated increase Property Value • 840 Estimated Direct/Indirect/Induced/ Jobs • 289 Estimated Construction Jobs CHARACTERISTICS OF DEVELOPMENT • $2,613,000 Development Cost • $40,936,000 Building & Improvements • $9,042,000 Furniture Fixture Equipment • $2,300,000 Inventories • $54,891,000 TOTAL The Development Team An investment to the "quality of life" requires a concerted team of Public and Private Participation. The lead developer, David Miles, principal of Turfway FEC, LLC has teamed up with Crystal Creek Developers, Everest Design Group, a Friendswood based design -build company and with Worley Commercial, a tenant acquisition and management company in the Houston Area, to bring the concept to reality. Heritage Land Partners, a national consulting company, has also teamed up with the Developer to navigate the complex financial structures intrinsic with this type of Sports and Entertainment Venue. As part of the team assemblage, Southwest Museum Services of Houston has been engaged for the heritage and cultural vision. Manfred lachmich leads the restaurant and culinary experience for founding of restaurants, such as Post Oak Grill, Ruggles, Chianti, and Cafe Mustache French Cuisine. IT Dimensions enhances the team with Sound and Vision Technological Experience coupled with Green Infrastructure Technology. As the ultimate anchor and draw, Mickey Gilley's Family Entertainment is committed to the citizenry of La Porte and fans alike to offer an experience unlike any other in the Greater Houston Area for Family and Friends. With the family participating in their father's dream, this opportunity comes around rarely and truly "place -makes" for a part of Texas and its Culture. Turfway FEC, LLC 907 Friendswood Dr. Ste 303 Friendswood, TX 77546 LA PORTI_ TOWN CENTER CONCEPT PLAN F- TOWNHOMES F LIVE WORK UNITS �] GRAPHIC SCALE FAMILY ENTERTAINMENT RETAIL -MIXED USE 200 0 100 200 F__ PROFESSIONAL OFFICES HOTEL -CONFERENCE ( IN FEET ) 1 inch = 200 ft. STATE: HWY 146 NNW 0-9 IRI a1.81 RB eB � �es�easaee ED ea to to fm ea movmo® ■ a ®mmmo® ®M@fB®® MAKW" ■ IB(B6303ED® �l 40 ,00z 1-4 uj V O O R D aw LL � D e Li 0 13 ❑ F ❑ w o� ❑w ❑"s ❑ ❑ O Ju� oc g Z 02 W m J U ♦ ■■i i■� ♦♦♦j ■ 1 ♦�♦♦♦op ■■cr SRO 0 0 m� �Z w � a Ln 08 IN c 09 I OA18 SY433M NOAVHM 3 x w F -- Q ti V) 4 4 ff § ki §� \ /kk -» }})%� § /r re C) - 2\2\. • Ix §§ LU / V) , \: , Li 4 C) / )| . 2 7§\2! a_ \ \ / §o . . _ § #4dW . \ � . , ul / . ;. � § § � �� ■ \ d _� . . YjHARTOf4 «wsBLVD. (SPUR #at __ _ § m.! ... §@� ±...� — v m&|� 2q� /kk}�k 2§|&§a! 2£ , ek 'AW 2R k§& §e 2yg2|■ k\k H Ensey, Eric From: David Miles [dcmiles@heritagelp.com] Sent: Wednesday, November 11, 2015 11:07 AM To: Ensey, Eric; Cramer, Ryan Cc: Clydene Miles Subject: FW: Storm Detention Storage Volume Estimations Eric and Ryan Please attach to La Porte Town Center preface. Thank you so much. David STORM WATER RETENTION/DETENTION The estimated storm detention storage volume required: 435,600 cf Storm detention storage provided: Font Pond: 67,500 cf Rear Pond: 342,000 cf Storage Provided within Parking Lot/miniature golf course: 65,340 cf Total storm detention storage volume provided = 474,840 cf >435,600 cf required. PARKING REQUIREMENTS The estimated parking requirements are 976 Parking spaces provided Retail : 200 spaces Restaurant : 320 spaces Family entertainment Center : 220 spaces Hotel and Conference : 194 spaces Townhomes and Live/Work : 42 spaces Spaces Required: 976 spaces Spaces Provided: 979 spaces Approx. "on street parking" 103 spaces Total Space spaces provided: 1082 spaces * > 979 spaces required. LANSDSCAPE REQUIREMENTS The estimated landscape requirements will meet or exceed the 10% minimal requirement for each lot. With " green " commons area objectives the entire 20 Acre tract will yield upwards to 15%. Connectivity to the hike and bike trail and sidewalks with an assortment of Indigenous Trees. Native Plant Vegetation with appointed Higher Maintenance Gardens . Abundant Water Features and Patios and Plazas. Tree lined frontage along HWY 146 (TBD). suggestion Palm Trees. L Total Landscape area: Approximately 15%. Provided . > 10% required. 1 Ci uj F d PW F c�zu= a� O Ell III Ovoa on8nd a o ww w CO K U V) m W a OV08 Onend o j 0 oa => > O N 0 0� W ao N JO O O O O 06 O� �Ob avoa onend N U �$ a� 46 z s U J E M 0- 0O in xW ¢ 0 x W W W 4 tu k lag =o awn wurw .zi maa awn —1.. ,z �mwa w3xa wmis �mwd � immin 111111110 wns wrs ,a .mua ews wvs A 1= I I� � I g I I � I a I I �x lI? ri1 NIS A'dWtl 00 o 0 W I N cr- � � I ti I r S — I I 00 I =o �rys�s ,� I N� I y3 omaa �w � x OZap i3 e F U 9t ZoN 3DJ a (] m r V <s y2��� X00 gm 4 LANDSEX'IN, Wi�a7w--,m w.. 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