06-20-13 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning Commission

Browse Search

Staff ReportWorkshop20, 2013 June Change of Zoning Classification (from BI to LI) Background: Mr. A J Smith III, a resident and an entrepreneur of La Porte, owns a 3 ½ acre tract at the northwest corner of Fairmont Parkway and Bay Area Boulevard. The property is within the City limits and currently zoned Business Industrial (BI). The property is subject to the Restrictive Covenants filed under Clerk’s File No.G-816532 of the Real Property Records of Harris County, Texas. In addition, the property is also subject to the Environmental Standards filed of record and referenced in the deed, which are applicable to lands within the Bayport Industrial District. Over the years, he has approached the City of La Porte and the Association of Bayport Companies, Inc. (ABC),predecessorto the Friendswood Development Company,in an attempt to develop the subject property. Earlier, the City received a proposed site plan for the Bayport Chevron and fast food restaurant to be located at the intersection ofFairmont Parkway and Bay Area Boulevard. But, the development was denied by the Association. The association will not allow any retail or commercial development at this intersection due to reasons thatzoning classification is not appropriate application of industrial use for lands in the Bayport Industrial Area and subject to the restrictive covenants & environmental standardsfor the subject site. Association’s stance is that Bayport Industrial Area was primarily developed with chemical and manufacturing plants and refineries, and is not prudently best suited for uses that increase the population or attract the public. Their terminology for “industrial use only” means heavy industrial but not all of uses listed in the City’s industrial use table and shown to be permitted as Heavy Industrial (HI) would qualify as an appropriate use in the Bayport Industrial Area. Staff and the owner held meetings with the president of the association on different occasion. Based on the discussions, the association has agreed to allow for Light Industrial use rather than heavy industrial if rezoned by the City. Analysis: Staff’s researchshows several individual tracts and owners of this long strip along Fairmont Parkway (between Bay Area Blvd. & pipeline easement east of Quality Inn). Single rezone of the subject tract will constitute a spot zoning, which is prohibited by the State Law. In order to rezone the whole strip, we need to contact all property owners and get their consent for rezoning from Business Industrial to Light Industrial.