02-19-2004 Regular Meeing and Public Hearing of the La Porte Planning and Zoning Commission

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Planning and Zoning Commission • Minutes of February 19, 2004 Page 2 Staff recommended denial of the request based on the following reasons: ^ There is no reason to change the PUD zoning designation. The justification of PUD zoning assigned appears to be still valid today. ^ Integrity of Planned Unit Development will be in jeopardy. ^ A portion of the area is earmarked for tum lanes off SH 146 along frontage road at Wharton Weems Blvd. ^ There is no need to create another commercial reserve at this location. If commercial, it should be in concert with PUD. ^ The subject property has been divided by metes and bound description in violation of the Development Ordinance. ^ Driveway layouts conflict with SH 146 & need to limit access at Wharton Weems from safety standpoint. ^ A similar use is shown at the northeast corner of McCabe Road at SH 146 in the recently approved plan and Special Conditional Use Permit. B. PROPONENTS The owner's representative, James Elmore, 308 W. Polk, Houston, TX addressed the Commission. Mr. Elmore is a design builder specializing in convenience stores. Mr. Elmore's client would like to develop the site with a convenience store. He noted the developer of the golf course community does not own the subject property. Mr. Elmore has preliminary approval from TXDoT for driveways along SH146 in conjunction with turn lanes. Attempts were made, but unsuccessful, to work out an agreement with Mr. Fogarty for his golf course community project. C. OPPONENTS Fran Strong, 2711 Crescent View Dr., representing the Old Hwy. 146 Committee, read from a prepared statement she provided titled, °Comments on Rezone Request #04-001." In summary, the Committee opposes the rezoning, citing the facility is not needed and downgrades the character of the neighborhood. Alton Porter, 10442 Catlett Lane, provided a written statement to the Commission. He does not oppose the applicant's project, but does oppose the rezoning. Mr. Porter concurs with Mr. Fogarty's letter, which encourages a land trade to switch the location of the convenience store to McCabe Rd. Chairperson Waters asked the Commission to read the letter submitted by Joe Fogarty, of ARETE Real Estate 8 Development Co., dated February 18, 2004. In the letter, Mr. Fogarty states he has met with the current owners of the property and has offered to make a trade with them to give them in exchange for their three-acre site, a site at the comer of McCabe and Highway 146. IV. CLOSE PUBLIC HEARING. Chairperson Waters closed the public hearing at 6:15 P.M.