02-17-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Planning and Zoning Commis3'fon • Minutes of February 17, 2005 Page 4 Chairperson Muston opened the public hearing at 6:25 p.m. Mr. Malik presented staffs report. The applicant, Richard Detwiler, for Chem Coast, has requested a zone change from low-density residential (R-1) to General Commercial (GC) for property located at 11820 North "Hn Street. The requested change would allow for additional office space and a parking facility for the present use. Mr. Malik reviewed some background information on the property with the Commission, including the zoning history, which describes how the current zoning classification came to be. Staff's recommendation was to approve the rezone citing the requested change is compatible with zoning and uses of nearby properties. Notices of public hearing were mailed to property owners within 200' of the subject area. Of the 11 mailed, the City received one response in favor of the rezone. Fred Hanzelka, of 11801 N. "H" bought his property in 1973. He spoke about previous zoning in the area. Mr. Hanzelka feels that Chem Coast has been a terrible neighbor and referred to a "chemical release" that occurred. He does not feel they should be allowed to expand. James Cummings, of 11806 N. "H" stated that he came home from work 9'/s years ago to find his family had been taken to the hospital due to a chemical release by Chem Coast. Mr. Cummings does not feel Chem Coast has taken the necessary precautions to prevent a similar incident. Charles Jones, of 11804 North °H" for about 3'/i years, has experienced foul odors but cannot identify the source. Mr. Jones does not feel this type of business should be located in a residential area. Phil Murray, owner of Chem Coast, said the Company relocated to La Porte in 1986. Mr. Murray apologized to the neighbors for their unpleasant experience and said it was not their intent to be a terrible neighbor. Mr. Murray described a release they had in the late 90's. He said that steps have been taken to insure it won't happen again. He invited neighbors to drop by anytime if they had any questions or just wanted to took around. James Gardner, of 11801 N. °H", was unclear as to the business use. Mr. Gardner feels that granting the request would allow for expansion, which he opposes. He said it would also create a negative financial impact on neighboring properties. Mr. Murray and staff responded to questions from the Commission and the residents. Motion by Doretta Finch to recommend to City Council, denial of #R05-003 to rezone property located at 11820 N. "H" Street from Law-Density Residential (R-1) to General Commercial (GC). Second by Nick Barrera. The motion carried. Ayes: Finch, Barrera, Bird, and Lawler Nays: Kaminski, Berner and Muston Abstain: None