07-18-13 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning Commission

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Planning and Zoning Commission Minutes of July 18, 2013 Page 3 of 6 A. Prospect of a potential Zone Change from Business Industrial (BI) to Light Industrial (LI) for a property located along Fairmont Parkway at Bay Area Boulevard. Planning Director Tim Tietjens presented the staff report and a map of deed restricted areas. In attempt to develop his property, applicant and owner, A.J. Smith III, has requested a 3%2 acre tract at the northwest corner of Fairmont Parkway and Bay Area Boulevard be discussed for the possibility of rezoning from Business Industrial to Light Industrial. To prevent spot zoning, the rezone request also would include a strip between Bay Area Boulevard and the pipeline easement east of Quality Inn. The Association of Bayport Companies (ABC) will not allow any retail or commercial development of the applicant's property due to it being an inappropriate application of use for lands around the Bayport Industrial District. Some individual properties around the District were sold with deeds containing language limiting the use to industrial only and with no reference to the more restrictive covenants of the ABC. The Association has indicated to the applicant it would agree to allow a light industrial use if the City were to rezone the property to Light Industrial. The situation is further complicated for the applicant by the City's classification of the property as Business Industrial, which does not include more intensive Light or Heavy Industrial uses. The Commission and staff discussed the item and then Chairman Lawler allowed input from the audience. A.J. Smith, owner of the subject property addressed the Commission. Mr. Smith wants the ability to utilize his property in the same manner as neighboring properties. Mr. Smith noted he is being taxed a great deal by the appraisal district for land he is unable to develop. Cheryl Westmoreland, 10908 Sycamore North, and President of the Fairmont Park East Homeowners' Association, addressed the Commission in opposition to the proposed rezoning. Chris Corin, longtime resident of La Porte, addressed the Commission. He inquired about the existing vs. pre-existing status of the current developed properties within the strip being proposed for rezoning and expressed his view regarding selective enforcement of zoning. David Janda, 3601 E. Desert Dr., addressed the Commission. Mr. Janda expressed disappointment he did not hear the Commission first and foremost take into account what the citizens of the area may want. Mike Prasek, 10925 Dogwood Dr., addressed the Commission in opposition to the proposed rezoning. The Commission, by consensus, directed staff to meet again with the ABC to request their written definition of "industrial" and to have them refer to the North American