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Home My WebLink AboutAPPEAL SE CORNER SPENCER AND FLEETWOOD_14-95000001WCG ECEIVE NOV 21 2014 Wilson, Cribbs & Goren,. P. A t t o r n e y s a It L a vey; November 19, 2014 Certified Mail No. 7013 0600 0000 5557 6250 Return Receipt Requested Mr. Tim Tietjens Director of Planning and Development City of La Porte, Texas 604 W. Fairmont Parkway La Porte, Texas 77571-6215 Re: Appeal by Kobelco Compressors America Inc. ("Kobelco") to the Board of Adjustment of the City of La Porte (the "Board") from the denial of an application for a Zoning Permit (the "Permit") for the property located at 10902 Spencer Highway, La Porte, Texas 77571 (the "Property")(Our File No. 8239-002). Dear Mr. Tietjens: This firm represents Kobelco in connection with the above referenced matter. Kobelco appeals the denial of the Permit as requested under the application received by the City's Planning and Development Department on October 10, 2014. Copies of Kobelco's application and the letter of denial are enclosed with this letter. The Property is located in the GC - General Commercial Zoning District (the "GC District"). The Permit was rejected under Section 106-441 of the City's Zoning Ordinance based upon the City's interpretation of SIC Code #7699. As you know, uses included under SIC Code #7699 were expressly permitted in the GC District at the time the application for the Permit was made. The intended use of the Property is substantially similar to the uses allo::,ed in SIC 47699 and therefore the Permit should be issued. As stated in the application, Kobelco intends to use the Property for inspection, repair and overhaul of compressors used in oil, gas and petrochemical plants. Such use is substantially similar to many of the uses described in SIC Code #7699, such as engine repair, except automotive, farm machinery repair, industrial truck repair, machinery cleaning, precision instrument repair, repair of service station equipment, or ship boiler and tank cleaning and repair -contractors. Kobelco, therefore, appeals the City's interpretation of SIC Code #7699. The Board has jurisdiction to hear and decide appeals under Section 106-88 et seq., of the City's Zoning Ordinance, when it is "alleged there is error in any order, requirement, decision or determination made by the enforcement officer in the enforcement of this chapter." 2500 FANNIN STREET • HOUSTON, TEXAS 77002 9 MAIN: (713) 222-9000 9 FAX: (713) 229-8824 Mr. Tim Tietjens Director of Planning and Development City of La Porte, Texas November 19, 2014 We respectfully request that the Board overrule the decision of the enforcement officer and direct the issuance of the Permit. We reserve the right to supplement this notice of appeal with additional pleadings and to make a complete presentation to the Board with written evidence and witness testimony. Very tru yours, i Anthony L. Marrd Enclosures: Zoning Permit Application Denial of Zoning Permit Application dated October 29, 2014 cc: Mr. Stanley S. Kawahara Kobelco Compressors America, Inc. October 29, 2014 Stanley S. Kawahara General Manager of Operations Kobelco Compressors America, Inc. 1450 W. Rincon Street Corona, CA 92880 RE: Zoning Permit Application for the Proposed Kobelco Site (10902 Spencer Highway) Dear Mr. Kawahara: The Planning and Development Department received your application for a zoning permit for the proposed Kobelco Site located at 10902 Spencer Highway. Staff has had an opportunity to review additional information provided by you with regard to the proposed use of the site in La Porte. Your email to me dated October 14, 2014 indicates that the proposed facility will be used to "inspect, repair and overhaul compressors." Additionally, you provided two numbers: SIC #7699 (Repair Shops and Related Services, Not Elsewhere Classified) and NAICS #81 1310 (Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance) for the appropriate codes for the site. As you are aware, the city's land uses are based on SIC classifications. You assert SIC #7699 for the proposed use of the site here in La Porte. However, staff has reviewed the information submitted in the zoning permit as well as the additional information provided and are unable to classify the proposed use in SIC #7699. Based on this additional information, the uses proposed for this site are not listed and are not similar to the description and example uses outlined in the SIC manual for category #7699. The vast majority of uses listed for SIC #7699 in the manual relate to commercial repair. The uses described as part of what Kobelco intends to do on this site, repair and overhauling of compressors, are industrial in nature and service industrial clientele. Furthermore, the size of the proposed building and need for cranes and other heavy duty equipment also signify a use more aligned with industrial. As a result, staff cannot administratively approve the proposed use for this site as currently described. Section 106-441 of the city's Zoning Ordinance allows the opportunity to seek approval of a Special Conditional Use Permit on unlisted uses that are similar to those listed in the table. The SCUP process requires a public hearing and review by the Planning and Zoning Commission and City Council. The requirements for a SCUP are outlined in Sections 106-216 through 106-218 of the city's Zoning Ordinance. Please contact me if you have any questions at 281-470-5063 or via email at en seveOc laoortetx. gov. City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Mr. Stanley S. Kawahara October 28, 2014 Page 2 Sincerely, ypA�'I Eric J. Ensey City Planner cc: Corby Alexander, City Manager Tim Tietjens, Director of Planning and Development Mark Huber, Chief Building Official City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov City of La Porte Established 1892 ZONING PERMIT APPLICATION DATE APPLIED:-- Fee: JSO BUSINESS�NAi,ffi:Kobelco Compressors America Inc. PROPERTY m LEGAL DESC.: LOT(S): BLOCK— SUB. - BusrNEssPROPRMTOR-KOBELCO COMPRESSORS AMERICA INC. PHONE: (951) 739-3030 ADDRESS; 1450 W. Rincon St. CITY: Corona STATE: CA Zip 92880 CONTACTPERSON:Stanley kawahara BUILDING IS:(X) NEW( )EXISTING PHONL:(951) 739-3057 EMAIL: stanley.kawaha.ta@kobelco-kca.com LAST USE OF BUILDING: N/A DATE USE cEAsrD: N/A PROPaSFDUSE: Inspect, Repair and Overhaul compressors. �LQ—T�- �Xoor tqVpith TABC and)?fty Secrelmy's OfflceforAlcohol 11censelpennft regulations. DATE ******FOR CITY USE ONLY****** PROPERTY ZONE: FLOOD ZONE: wa PROPOSED SIC USE CATEGORY OF BUILDING: THIS APPLICATION IS: APPROVED DENIED COMMENTS: TAYES:----_CL-': HCAD: 0 C)o SIGNATURE: DATE, PERMIT 4: S:XCPShara%IN,SFECTI0N DIVISIONVnspectionsliONING PERMIT APP.doc Rev 3/2012 604.West Fairmont Parkway 9 La Porte, Texas 77571 * (281) 470-5073, * Fax (281) 470-5005 r ZONING QUESTIONNAIRE �- ADDRESS: ' 1. DESCRIBE IN DETAIL OPERATION/S TO BE PERFORMED AT THIS FACILITY. Inspection, Repair and overhaul compressors used in Oil, Gas and Petrochemical plants. 2. # OF EMPLOYEES (PER BUILDING) IF APPLICABLE. 6 Max 3. WILL TRACTOR TRAILERS BE INVOLVED IN ANYWAY FOR YOUR PROPOSED OPERATIONS? IF YES, WILLTHERE,BE ANY HAZARDOUS CARGO TRANSPORTED? YES' OR NO X 4. MATERIALS TO BE USED AS PART OF YOUR OPERATION?? (DESCRIBE PROCESSES) MFG7??? Spare parts'such as O-Rings,rotors, gaskets, bearings, carbon rings and thrust pads. 5. EQUIPMENT TO BE UTILIZED AS PART OF YOUR OPERATION. Overhead bridge cranes, forklift, cleaning agents and tools. 6. WILL THERE BE ANY OUTSIDE STORAGE If yes, describe, provide photos. Yes, very minor stored in 20, cargo container. 7. DESCRIBE PRODUCT -MANUFACTURING, DISTRIBUTING, OR RETAIL Manufacturing - Service and repair 8. WHO ARE YOUR CUSTOMERS??? Local Oil Refineries, petrochemical, natural'gas power generation and gas separation. 9. PROVIDE TYPES.AND QUANTITIES OF MATERIALS TO BE STORED INSIDE AND OUTSIDE OF BUILDING. Special tools and Casings in aforementioned 201 cargo container. 10. PROVIDE LIST OF CHEMICALS_ AND QUANTITIES TO BE STORED INSIDE AND OUTSIDE OF BUILDING. Nitrogen Six.,Pack (1,824 CF), WD'40 (1 Gallon) BioCircle L (20 Gallons), Acetone .(1 Gallon), F&L'Petroleum Product for Rust prevention (5 Gallons), Chevron GST Oil ISO46 (55 Gallons) 11. IS YOUR BUSINESS CURRENTLY LOCATED WITHIN THE CITY OF LA PORTE CITY LIMITS? YES R NO 12. PROVIDE YOUR COMPANY'S SIC CODE ft'&58* 49 (IF KNOWN) OR NAIC CODE# '33-33 2 ) 10 (IF KNOWN) 13. HAVE YOU RECENTLY PURCHASED THE PROPERTY? YES R N0 IF PURCHASED, PROVIDE COPY OF DEED AND SURVEY OF LAND. Please see the attached 14. ARE YOU LEASING THE PROPERTY? YES O(E) Sr\City Planning Share\04-INSPECTIONS DIVISION\lnspectlont\SlC cheatsheal mh.d"x ` ■ Complete items 1, 2, and 3. Also complete A signature Rem 4 R Restricted Delivery is desired. 0 Agent IIIPrint your nameX and address on the reverse ❑ Addressee so that we can fetum the card to you. B. Received by ( Pointed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 17 ❑ Ya If YES, enter delivery address below: ❑ No Mr. Tim Tietjens I City of La Porte, Texas 3. Service Type �Certlfled Meg ❑ Express Mail 0 Registered 0 ReWm Receipt for Merchandise 604 W. Fairmont Parkway 1 La Porte, Texas 77571. 6215 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Fxea Fee) ❑ Yes L177- &?35-00a— 2. Article Number (Fnwsfer from s&vka (seen 7013 0600 0000 5557 6250 PS Form 3811, February 2004 Domestic Realm Receipt 1025955-02-M-1540 UNITED STATES POSTAL SERVICE I I I 1 LISPS No. G -1 D Paid • Sender: Please print your name, address, and ZIP+4 in this box WILSON, CRIBBS & GOREN, P.C. Real Estate Law Since 1985 2500 FANNIN STREET HOUSTON, TEXAS 77002 /4u�1 d'�39-tea CERTIFIED MAIL. WCG WRea II nEs Cr1 a (Labbs w Goren, Si. rc 1985 2500 FANNIN STREET 7013 0600 0000 5557 6250 HOUSTONJEXAS 77002 Mr. Tim Tietjens Director of Planning and Development City of La Porte, Texas 604 W. Fairmont Parkway LaPorte, Texas 77571-6215 �?s?z�s=gig'`°`ccv-i<; 14�IIIrIIIIIh�InIIIInI�I,h�I�IIII�hUldilirl�nnl�IP�l1 u�xu �a oa 3aon� e0 eoa ar 0 ofL'a Forte Planning and 1892 December 4, 2014 Re: Appeal Request #14-95000001 Kobelco Compressors America, Inc. Dear Resident: Since you are an affected property owner within 200 feet of the Kobelco facility proposed at the southeast corner of Spencer and Fleetwood, further described as Reserve 7, Spencer Highway Subdivision Addition No. 3 Reserve 7, you are being notified of some recent changes in application status for the facility. The City of La Porte on November 19, 2014, received a request seeking an appeal of a decision by the city's enforcement officer to deny a zoning permit for the property. This request was scheduled for review at the December 11, 2014 Zoning Board of Adjustment meeting. However, the city received a subsequent request on the behalf of the property owner, Kobelco Compressors America, Inc., on December 3, 2014 to postpone their Appeal Request until after the public hearing for a Special Conditional Use Permit (SCUP) (please see attached request). As a result, there will be no public hearing for the Appeal Request on December 11, 2014 as previously scheduled. As is allowed under the La Porte Zoning Ordinance, the applicant is first proceeding with its request for a Special Conditional Use Permit to allow development of the site as a facility to inspect, repair and overhaul compressors prior to its appeal to the Zoning Board of Adjustment. The subject site is zoned GC, General Commercial. Per Section 106-441 of the Code of Ordinances, a SCUP is required in order to allow development of uses not listed in the Table of Commercial Uses. The SCUP request is scheduled for public hearing before the Planning and Zoning Commission on Thursday, December 18, 2014 at 6:00 p.m., and then it will be subsequently scheduled for City Council review on January 26, 2015 at 6:00 p.m. You are invited to attend both meetings to offer comment on the proposal or submit the comment response form sent to you with the official public hearing notice. In regards to the Appeal being rescheduled to the Zoning Board of Adjustment, you will be provided separate notice of the rescheduled meeting which will occur February 23, 2015. Please contact me directly if you have any questions or would like more information at 281-470- 5063 or via email at ense a c,laoortetx.gov. City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov December 4, 2014 Page 2 Sincerely, Eric J. Ensey City Planner cc: Tim Tietjens, Director of Planning and Development Attached: December 3, 2014 Letter from WCG Attorneys at Law City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportea.gov WCG Wilson, Cribbs & Goren, P.0 A t t o r n e y s a t L a w December 3, 2014 Via Email: ense a @Iaaortetx.aov Mr. Eric J. Ensey, City Planner City of La Porte, Texas 604 W. Fairmont Parkway LaPorte, Texas 77571-6215 Re: Appeal by Kobelco Compressors America Inc. ("Kobelco") to the Board of Adjustment of the City of La Porte from the denial of an application for a Zoning Permit for the property located at 10902 Spencer Highway, La Porte, Texas 77571(Cur File No. 8239-002). Dear Mr. Ensey: This firm represents Kobelco in connection with Appeal Request 14-95000001. As discussed with Clark Askins yesterday, Kobelco respectfully requests that the public hearing for this appeal be postponed until after Kobelco's public hearing for its Special Conditional Use Permit application (which relates to the same subject matter). Please let me know if you have any questions regarding this letter. Very truly yours, nthony L. Marre cc: Mr. Stanley S. Kawahara Via Email: stanlev.kawahara(@,kobelco-kca.com Kobelco Compressors America, Inc. Mr. Tim Tietjens Director of Planning and Development City of La Porte, Texas Mr. Clark Askins, Assistant City Attorney City of La Porte, Texas Reid C. Wilson [Firml Via Email: tietienst(a,laoortetx.eov Via Email: ctaskins(@,swbell.net 2500 FANNIN STREET • HOUSTON, TEXAS 77002 • MAIN: (713) 222-9000 • FAX: (713) 229-8824 w i� FREEMAN GLEN M WILKERSON GREG L 10911 SYCAMORE DR N 10850 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 HARLICK MICHAEL J & SHERYL T BUSTOS HECTOR & YOLANDA 10913 SYCAMORE DR N 10907 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 JACKSON ROBERT W & GINA TANGARIFE ANDREW 10900 SYCAMORE DR N 10903 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 HOANG TUAN M WATSON KENDALL RAY & CHERYL D 10910 SPENCER HWY 10906 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 SCHAEFER ROBERT M BACA RICHARD J & BEATRICE 10909 SYCAMORE DR N 10901 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 D J HOLDING CO INC 10906 W MAIN ST LA PORTE, TX 77571 MARROUF DAN LAPORTE FLIGHTLINE 10615 SPENCER HWY 202 N FARRINGTON ST LA PORTE, TX 77571 LA PORTE, TX 77571 UNITED STATES OF AMERICA SARD ENTERPRISES INC 10937 SPENCER HWY 10736 W MAIN ST LA PORTE, TX 77571 LA PORTE, TX 77571 RIHN HARVEY DEBBY DIAZ PATRICIA A 101 AIRPORT BLVD 10904 N SYCAMORE DR LA PORTE, TX 77571 LA PORTE, TX 77571 DILLARD KEITH & SHANNON WESTMORELAND GORDON C & CHERYL A 10910 SYCAMORE DR N 10908 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 TANGARIFE GLORIA GARZA ARON F & KIMBERLY Y 10902 SYCAMORE DR N 10847 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 DIAZ FIDENCIO R & MARIA I OLIVAREZ YSABEL 10849 SYCAMORE DR N 10845 SYCAMORE DR N LA PORTE, TX 77571 LA PORTE, TX 77571 NOTICE OF PUBLIC HEARING ON APPEAL REOUEST 14-95000001 Notice is hereby given that the La Porte Zoning Board of Adjustment will conduct a public hearing at 6:00 p.m. on the 11'h day of December, 2014, in the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the provisions of Section 106- 194 of the City of La Porte Code of Ordinances, and the provisions of the Texas Local Government Code. The purpose of the hearing is to receive public input on Appeal Request 14-95000001, requested by Kobelco Compressors America Inc., owner of the property located at the southeast corner of Spencer and Fleetwood, further described as Reserve 7, Spencer Highway Subdivision Addition No. 3 Reserve 7. The applicant is appealing a determination of a decision by the city's enforcement officer to deny a zoning permit. The applicant asserts SIC Code #7699 (Repair shops and related services, not elsewhere classified) is the use proposed for the site. The applicant has stated that the site will be used to "inspect, repair and overhaul compressors." The permit was denied because the enforcement officer determined that the use of the site as described by the applicant should not be categorized within SIC Code #7699. The appeal is being sought under the terms of Section 106-88 of the City of La Porte Code of Ordinances. Following the public hearing, the Zoning Board of Adjustment will act upon the public hearing item and conduct other matters pertaining to the Board. Citizens wishing to address the Board pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE -Y61b& f1 Patrice Fogarty, City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however; no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of this public hearing notice was posted on the City Hall bulletin board on the 2,6_Lb day of November , 2014. � I Title: City Planner Notice is hereby given that the La Porte Zoning Board of Adjustment II du public hearing at 6:00 p.m. on the 11'h day of December, 2014, in the City al unci ambers, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the pro sio ection 106- 194 of the City of La Porte Code of Ordinances, and the provisions al Government Code. <� The purpose of the hearing is to receive public input on Requ t 14-95000001, requested by Kobelco Compressors America Inc., owner of the op at the southeast corner of Spencer and Fleetwood, further described as Rese 7, cer Highway Subdivision Addition No. 3 Reserve 7. The applicant is appealin eter Con of a decision by the city's enforcement officer to deny a zoning permi . he lica asserts SIC Code #7699 (Repair shops and related services, not elsewher, c sifie the use proposed for the site. The applicant has stated that the site will be us ec , repair and overhaul compressors." The permit was denied because the en t offi r determined that the use of the site as described by the applicant should no be cat ri d within SIC Code #7699. The appeal is being sought under the terms of Sectiga*Q 8 of t City of La Porte Code of Ordinances. Following the public heari g, the mg Board of Adjustment will act upon the public hearing item and conduct other matte trtaining 06e Board. Citizens wishing es th�bard pro or con during the public hearing are required to sign in before the meelAh is n d. CITY Secretary A quorurr>76f City Council members may be present and participate in discussions during this meeting; however; no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of this public hearing notice was posted on the City Hall bulletin board on the day of 12014. Title: NOTICE OF PUBLIC HEARING ON APPEAL REQUEST 14-95000001 Notice is hereby given that the La Porte Zoning Board of Adjustment will conduct a public hearing at 6:00 p.m. on the 11'h day of December, 2014, in the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the provisions of Section 106- 194 of the City of La Porte Code of Ordinances, and the provisions of the Texas Local Government Code. The purpose of the hearing is to receive public input on Appeal Request 14-95000001, requested by Kobelco Compressors America Inc., owner of the property located at the southeast corner of Spencer and Fleetwood, further described as Reserve 7, Spencer Highway Subdivision Addition No. 3 Reserve 7. The applicant is appealing a determination of a decision by the city's enforcement officer to deny a zoning permit. The applicant asserts SIC Code 47699 (Repair shops and related services, not elsewhere classified) is the use proposed for the site. The applicant has stated that the site will be used to "inspect, repair and overhaul compressors." The permit was denied because the enforcement officer determined that the use of the site as described by the applicant should not be categorized within SIC Code #7699. The appeal is being sought under the terms of Section 106-88 of the City of La Porte Code of Ordinances. Following the public hearing, the Zoning Board of Adjustment will act upon the public hearing item and conduct other matters pertaining to the Board. Citizens wishing to address the Board pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE 49WW& JVAty Patrice Fogarty, City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however; no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of this public hearing notice was posted on the City Hall bulletin board on the 2,(b day of November 2014. Title: City Planner ._i of La Porte Planning and Develo December 4, 2014 Re: Appeal Request #14-95000001 Kobelco Compressors America, Inc. Dear Resident: Tim ent Since you are an affected property owner within 200 feet of the Kobelco facility proposed at the southeast corner of Spencer and Fleetwood, further described as Reserve 7, Spencer Highway Subdivision Addition No. 3 Reserve 7, you are being notified of some recent changes in application status for the facility. The City of La Porte on November 19, 2014, received a request seeking an appeal of a decision by the city's enforcement officer to deny a zoning permit for the property. This request was scheduled for review at the December 11, 2014 Zoning Board of Adjustment meeting. However, the city received a subsequent request on the behalf of the property owner, Kobelco Compressors America, Inc., on December 3, 2014 to postpone their Appeal Request until after the public hearing for a Special Conditional Use Permit (SCUP) (please see attached request). As a result, there will be no public hearing for the Appeal Request on December 11, 2014 as previously scheduled. As is allowed under the La Porte Zoning Ordinance, the applicant is first proceeding with its request for a Special Conditional Use Permit to allow development of the site as a facility to inspect, repair and overhaul compressors prior to its appeal to the Zoning Board of Adjustment. The subject site is zoned GC, General Commercial. Per Section 106-441 of the Code of Ordinances, a SCUP is required in order to allow development of uses not listed in the Table of Commercial Uses. The SCUP request is scheduled for public hearing before the Planning and Zoning Commission on Thursday, December 18, 2014 at 6:00 p.m., and then it will be subsequently scheduled for City Council review on January 26, 2015 at 6:00 p.m. You are invited to attend both meetings to offer comment on the proposal or submit the comment response form sent to you with the official public hearing notice. In regards to the Appeal being rescheduled to the Zoning Board of Adjustment, you will be provided separate notice of the rescheduled meeting which will occur February 23, 2015. Please contact me directly if you have any questions or would like more information at 281-470- 5063 or via email at enseve allaportetx.gov. City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov December 4, 2014 Page 2 Siin�c^eAr1ely, U k. Eric J. Ensey City Planner cc: Tim Tietjens, Director of Planning and Development Attached: December 3, 2014 Letter from WCG Attorneys at Law City of La Porte 604 N. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Wilson, Cribbs & Goren, P.0 A t t o r n e y s a t L a w December 3, 2014 Via Email: enseyeQlaportetx.gov Mr. Eric J. Ensey, City Planner City of La Porte, Texas 604 W. Fairmont Parkway La Porte, Texas 77571-6215 Re: Appeal by Kobelco Compressors America Inc. ("Kobelco") to the Board of Adjustment of the City of La Porte from the denial of an application for a Zoning Permit for the property located at 10902 Spencer Highway, La Porte, Texas 77571(Our File No, 8239-002). Dear Mr. Ensey: This firm represents Kobelco in connection with Appeal Request 14-95000001. As discussed with Clark Askins yesterday, Kobelco respectfully requests that the public hearing for this appeal be postponed until after Kobelco's public hearing for its Special Conditional Use Permit application (which relates to the same subject matter). Please let me know if you have any questions regarding this letter. Very truly yours, wherry L. MarrB cc: Mr. Stanley S. Kawahara Via Email: staniey kawalrara0kobelco-kca.com Kobelco Compressors America, Inc. Mr. "rim Tietjens Director of Planning and Development City of La Porte, Texas Mr. Clark Askins, Assistant City Attorney City of La Porte, Texas Reid C. Wilson [Flrntl Via Email: tletienstQQ Iaportetx.ROV Via Email: ctaskinsla'�.swbell.net 2500 FANNIN STREET • HOUSTON, TEXAS 77002 a MAIN: (713) 222.9000 9 FAX: (713) 229.8824 City of La Porte Planniniz and Development Department Established 1892 Tim Tieqens, Director t1Y� November 26, 2014 Re: Appeal Request#14-95000001 Dear Sir or Madam: This is to notify you that the City of La Porte has received a request seeking approval of an appeal to a determination of a decision by the city's enforcement officer to deny a zoning permit for the property located at the southeast corner of Spencer and Fleetwood, further described as Reserve 7, Spencer Highway Subdivision Addition No. 3 Reserve 7. The applicant asserts SIC Code #7699 (Repair shops and related services, not elsewhere classified) is the use proposed for the site. The applicant has stated that the site will be used to "inspect, repair and overhaul compressors." The permit was denied because the enforcement officer determined that the use of the site as described by the applicant should not be categorized within SIC Code 47699. The appeal is being sought under the terms of Section 106-88 of the City of La Porte Code of Ordinances. On December 11, 2014, public testimony for or against the request is allowed at the hearing before the Zoning Board of Adjustment. Per Section 211.006 of the Texas Open Meetings Act, a notice of the public hearing must be delivered to all property owners within 200 feet of the subject site. If you would like to comment on the proposed request, you may either appear in person or return your written comments on the enclosed response form. Please contact me directly if you have any questions or would like more information at 281-470- 5063 or via email at enseve(@,lauortetx.gov. Sincerely, It Eric J. Ensey City Planner City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 w .laportetx.gov A Meeting of the La Porte Board of Adjustment Cfypc of Meeting) Scheduled for December 11, 2014 (Date of Meeting) to Consider I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: C) (please print) tgnature ECOVE D 0 9 2014 BY: uq�y �%-c.�rrm" N Ad ress 1--rJ- eo&w �E -11 S� I City, State, Zip A Meeting of the La Porte Board of Adjustment E C E I V E (r3q)e of Meeting) Scheduled for A DEC 0 3 2014 December 11, 2014 BY. - (Date of Meeting) to Consider I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Pel (oca ( /tes,I eay. k aft hoUsp`ualues MWKE :M Wa'*f,%')CyC-Q epggr hfi0G/)S �I I ( CAu V I ./Nc mc,nd►4c C;/)&-" ( ' ji +�o /\-QpNi;lnl00( �' a�c>c tQob�rr ��k� !v°►cr�S � cGrh�re Ur. ll��}-�, Name (plea a mt) dress Sign e City, State, Zip IfAI �C441P'R �� lac�i Caw reSS�� rc a�C yvttint,� �' SSG o S.rce>n5 2 Lnr4,Q -i'l\.,P CC'a o� Ln1�� c�vhe cCs rY,Ao__�1S�II --ds� r c,\ owl t1� �-�; S b L4 s l t e sS conk Oc,- GLA, l r`Q j�1 WC 1�e.>a� . Ensey Eric From: Reid Wilson [rwilson@wcglaw.net] Sent: Tuesday, December 23, 2014 4:28 PM To: Ensey, Eric; Stanley Kawahara Cc: Tietjens, Tim; Alexander, Corby Subject: RE: Kobelco Compressors America Inc. Withdraw. From: Ensey, Eric rmailto:EnsevE(alaoortetx.goVI Sent: Tuesday, December 23, 2014 4:24 PM To: Reid Wilson; Stanley Kawahara Cc: Tietjens, Tim; Alexander, Corby Subject: RE: Kobelco Compressors America Inc. Thanks for your letter. I just want to confirm that you are withdrawing the application for SCUP only with this letter. There is also an open application for the appeal that is pending before the Zoning Board of Adjustment. Is it your intent to continue with this application or withdraw this application as well. Please let me know when you have a chance. Thank you. Eric J. Ensey, City Planner City of La Porte Planning & Development 604 W. Fairmont Parkway La Porte, Texas 77571 Phone: 281-470-5063 P_ nseyerialgportemeov -1� u � r� w From: Denise Short rmailto:dshort(a)wcglaw.net] Sent: Tuesday, December 23, 2014 4:20 PM To: Ensey, Eric Cc: stanlev kawahara(&kobelco-kca com; Tietjens, Tim; Reid Wilson Subject: Kobelco Compressors America Inc Mr. Ensey— Please see attached letter. Please contact Reid Wilson with any questions or comments. Thank you. Our offices will be closed December 24tb, 25`" & 26 ° for the Christmas Holidays. r� 1 WCG Wilson, Cribbs R Goren, P.C. Reel Estate Lew Since 1985 Denise M. Short Legal Assistant Main (713) 222-90DO I Direct (713) 547-8531 2500 Fannin Street I Houston, Texas 77002 Aw Please consider the environment before printing this email. Confidentiality Notice: The information in this email maybe confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. 1 WCG Wilson, Cribbs & Goren, P.C. A t t o r n e v s a t L a w December 23, 2014 Certified Mail No. 7012 3460 0003 3191 8913 Return Receipt Requested And Email. • ense}•ctdaportel..gov Mr. Eric J. Ensey City Planner City of La Porte, Texas 604 W. Fairmont Parkway La Porte, Texas 77571-6215 Re: Appeal by Kobelco Compressors America Inc. ("Kobelco") to the City Council of the City of La Porte (the " and") from the denial of a Special Conditional Use Permit (thc " ermit") for the property located at 10902 Spencer Highway, La Porte, Texas 77571 (the "Property ")(Our File No. 8239-002). Dear Mr. Ensey: As you are aware, our firm represents Kobelco Compressors America, Inc. We have received a copy of your December 23, 2014 letter to Mr. Kawahara of Kobelco. Kobelco has decided to withdraw their SCUP and no longer wishes to pursue the appeal to the City Council. RC W/dms G:10i=ts\92391002vZoningEnsey Ltr (12.23.14).do cc: Mr. Stanley S. Kawahara Kobelco Compressors America, Inc. Mr. Tim Tietjens Director of Planning and Development City of La Porte, Texas Via Email. stantey.kawahara(a)kobeico-kca.com Via Email. tiedenst(Waaortetxpov 2500 FANNIN STREET 0 HOUSTON, TEXAS 77002 9 MAIN: (713) 222-9000 0 FAX: (713) 229-8824