10-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • PLANNING AND ZONING COMMISSION MINUTES OF OCTOBER 20, 2005 Members Present: Pat Muston, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Claude Meharg, Paul Berner Members Absent: Hal Lawler (Alt. 1), Les Bird (Alt. 2) City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Traci Koenig NOTE: Items on the Agenda were addressed at the meeting in the following order: Item 1, Item 2, Item 4, Item 5, Item 3. 1. CALL TO ORDER Meeting called to order by Chairperson Muston at 6:00 p.m. 2. APPROVE MINUTES OF THE SEPTEMBER 15, 2005 PUBLIC HEARING AND REGULAR MEETING Motion by Dottie Kaminski to approve the Minutes of September 15, 2005. Second by Kirby Linscomb, Jr. The motion carried. Ayes: Muston, Kaminski, Barerra, Finch, Linscomb, Meharg, Berner. Nays: None Abstain: None 3. CONSIDER PRELIMINARY PLAT FOR PROPOSED GULFPORT DISTRIBUTION CENTER TO BE LOCATED IN THE TEXAS IMPORT/EXPORT PARK SITE ALONG SOUTH 16T" STREET (POWELL ROAD). Staff report was given by Wayne Sabo, Director of Planning. The subject tract is located within the boundaries of a PUD known as Texas Import Export Park. The Staff holds the position that the Preliminary Plat cannot be deemed administratively correct due to the fact that the Plat does not address the full and complete terms of the applicable Special Conditional Use Permit, General Plan, and Developer's Agreement. Mr. Jim Nelson, of National Realty Group, took the opportunity to speak on behalf of the applicant, Mr. Larry Frith. The opinion of the applicant is that while the submittal may not satisfy all of the demands of the umbrella documents, the design of the Plat is such that the subject tract could be self-sufficient if required to be, and regardless of if and/or how the surrounding property develops, the subject tract will be able to accommodate the surrounding development. The applicant, Mr. Larry Frith, addressed the Commission from the audience to express his lack of direct involvement with the Developer's Agreement, but stated that this plat does meet all of the requirements of the applicable General Plan and Special Conditional Use Permit. Mr. Frith feels that he is being inhibited by the Developer's Agreement, which he claims never to have knowingly subscribed to. Mr. Jason Christian, of JKC Associates, is the Engineer responsible for the design of the plat. He supported Mr. Nelson's contention that the drainage and traffic set-up of the plat is self-sufficient, regardless of surrounding development. Motion by Nick Barerra to conditionally approve the Preliminary Plat, with the following conditions: