HomeMy WebLinkAbout03-20-12 Special Called Meeting of the Planning and Zoning Commission
City of La Porte Planning and Zoning Commission Agenda
Special CalledMeeting
Notice is hereby given of a of the La Porte Planning and Zoning Commission
March 20, 20126:00
to be held on , at P.M. at City Hall Council Chambers, 604 West Fairmont
Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below:
1.Call to order
2.Roll Call of Members
3.Consider approval of January 19, 2012, meeting and February 16, 2012, meeting minutes.
4.La Porte Comprehensive Plan Update
A.Comprehensive Planning–Purpose & Methodology of Update
B.Discussion of Proposed Project Schedule
C.Determination of next steps in reviewing and commenting on Draft Plan
5.Administrative Reports
6.Commission Commentson matters appearing on agendaor inquiry of staff regardingspecific
factual information orexisting policy
7.Adjourn
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 Americanswith 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 the March20, 2012, agenda of items to be considered by the Planning and
ZoningCommission was posted on the City Hall bulletin board on the ____ day of __________,2012.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and
pagers, or place on inaudible signal. Thank you for your consideration.
Planning and Zoning Commission
Minutes of January 19,2012
Members Present:
Hal Lawler,Richard Warren, Mark Follis,Helen LaCour,Phillip Hoot, and Lou
Ann Martin.
Members Absent:
Danny Earp, Doretta Finch, and Les Bird.
City Staff Present:
Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City
Planner, Masood Malik; City Attorney, ClarkAskins;Planning Assistant,Shannon
Green;Chief Building Official, Debbie Wilmore.
1.Call to order
Meeting called to order by ChairmanHal Lawlerat 6:06p.m.
Chairman Hal Lawler asked for a roll call of members.
Danny Earp, Doretta Finch, and Les Bird were not present.
2.Consider approval of November 17, 2011, meeting minutes.
Motion by Richard Warren to approve the minutes of November 17, 2011.Second by Helen
LaCour. Motion carried.
Ayes:Hal Lawler, Richard Warren, Mark Follis, Helen LaCour.
Nays:None.
Abstain:Phillip Hoot, and Lou Ann Martin
3.Open a Public Hearing to receive public input on Special Conditional Use Permit #11-
91000007,which has been requested by Billy Coleman of ACT Independent Turbo
Services, Inc., on behalf of PPG Inc., property owner for the property described as Pt. TRS
1, 2A, 2, 4, 4A, and 23D, Bayport U/R, Section 1, Richard Pearsall Survey, Abstract No. 625,
LaPorte, Harris County, Texas. The applicant seeks approval of a permit for establishing a
turbo machinery repair services facility to be located along Bay Area Boulevard near Spencer
Highway within Planned Unit Development (PUD) district
Commission Member Follis excusedhimself from discussionduring item #3. Mr. Follis filed an
Affidavit providing notice of potential Conflict of Interest with the City Secretary’s Office prior to
the meeting.
Chairman Hal Lawler opened the Public Hearing at 6:11pm.
A.Staff Presentation
Masood Malik, City Planner,gave staff’s report.
The subject property (±40acres) is owned by PPG Industries, Inc. The tract in question is
located near theintersection of Spencer Highway and Bay Area Boulevard. The property
is surrounded by General Commercial (GC) use district to the north along Spencer Highway,
Bay Area Boulevard to the east, undeveloped tracts to west and south along Bay Area
Boulevard.
The applicant seeks to develop an industrial complex with three turbo service warehouses,
shops, offices, and an administration building. Either sideacross a pipeline easement
running through the property will be incorporated into landscaping and drainage/detention
facilities along Bay Area Boulevard. An entrance to the proposed complex is shown along
southbound Bay Area Boulevard.
Prior to the meeting, Commission members received a handout from David Janda regarding
the development of ACT Independent Turbo Services.
Planning and Zoning Commission
Minutes ofJanuary 19, 2012
Page 2of 4
Although staff provided four (4) options, staff recommends disapproval of the Special
Conditional Use Permit #11-91000007.
Commission Member Hoot, asked staff how the property is currently taxed and how many
people will be potentially employed.
Commission MemberHoot voiced concern with turningdown manufacturing jobs. Mr. Hoot
stated he would like to see the facility move closer to Fairmont rather than Spencer. Mr.
Hoot did not want to see the City loose the potential tax dollars by denying the Special
Conditional Use Permit 11-91000007.
Commission Members discussed possible truck route and the completion of Sens Road by
Harris County. Staff informed the Commission, Harris County has pulled the construction of
Sens Road fromtheir budget indefinitely.
Tim Tietjens, Planning Director, assured the Commission andapplicant;the City would love
to have their business within the City of La Porte butwould rather see ACT in the Industrial
District.
Commission MemberWarren likedthe possibility of jobs but noted the Comprehensive Plan
and the Land Use Planshouldbe considered.
B.Proponents
Willis (Billy) Coleman of ACT Independent Turbo Services, Inc, spoke in favor of the
Special Conditional Use Permit. Mr. Coleman informed the Commission their plan is to
expand the company and double their now80 employees,within five years. Mr. Coleman
stated they were not building a truck terminal business.
Thomas Norbit, PPG representative, spoke in favor of the Special Conditional Use
Permit. Mr. Norbit stated as long as PPG was operating, they would not sellit for
residentialdevelopment. The property in question currently has an Agriculture
Exemption. Mr. Coleman stated the City stands to gain revenue in taxes and higher
paying jobs.
Chuck Rosaof 812 S.Virginia,spoke in favor of all property owners being allowed to do
what they want with their property. Mr. Rosa informed the Commission he wanted the
Chairman replaced.
C.Opponents
There were none.
D.Proponents Rebuttal
There were none.
4.Close Public Hearing.
Chairman Hal Lawler closed the public hearing at 7:15pm.
Chairman Hal Lawler called for 5 min break at 7:17pm.
Chairman Hal Lawler called the meeting back in session at 7:22pm.
5.Consider ecommendation to City Council regarding Special Conditional Use Permit
r
Request #11-91000007.
Motion by Phillip Hoot torecommend to City Councilapproval of Special Conditional Use Permit
#11-91000007, for establishing a turbo machinery repair services facility to be located along Bay
Area Boulevard near Spencer Highway within a Planned Unit Development (PUD) District. Second
by Richard Warren. The motion carried.
Planning and Zoning Commission
Minutes ofJanuary 19, 2012
Page 3of 4
Ayes:Richard Warren, Helen LaCour. Phillip Hoot, and Lou Ann Martin.
Nays:Hal Lawler
Abstain:None
Masood Malik, City Planner suggested staff return with a draft SCUP at the February 16, 2012,
Planning &Zoning Meeting.
Commission Member Hoot asked the applicant what their timeline wasto move forward.
The applicant, Billy Coleman informed Commission he submittedthe application 6 days before
the November 17, 2011, Planning & Zoning meeting, and due to the holiday there was no
December meeting.
It was also suggested that in additionto the item being placed on the February City Council
meeting , it be place on the February Planning & Zoning Meeting incase Council referred it to
Planning & Zoning Commission again.
After furtherdiscussion, Commission membersby consensus,directed staff to forward Special
Conditional Use Permit11-91000007to City Councilfor approvalwith conditions generated by
staff.
ChairmanHal Lawler requestedstaff to call a mandatory workshop to further educate
Commission Members onthe importance of ethics and the basis for decision making.
Commission Member Follis responded by saying he was not required to excuse himself from
voting on the matter, but rather he choseto refrain from discussion because he personally knows
the applicant.
Due to the fact staff recommended denial of the SCUP, a draft SCUP was not prepared by staff.
Commission Member Hoot requested that in the future, staff be prepared with options in the event
the Commission does not vote in accordance with staff’s recommendations.
6.Open Workshop to discuss proposed regulations on group care facilities (a/k/a group
homes, community homes, residential personal care homes, living centers and assisted
living centers) housing three (3) persons or less.
Chairman Hal Lawler opened the public hearing at 6:08 pm.
B.Staff Presentation
Debbie Wilmore, Chief Building Official, provided the Commission with staff’s reportby
recapping the October 20, 2011, and November 17, 2011workshop information and
discussions
Ms. Wilmore also reminded the Commission that currently under State and Federal laws,
group homes are considered “protected” and cannot be excluded in residential zones.
Existing city regulations prohibit “group homes” so these regulations need to be updated
to prevent conflict with State and Federal laws. The Commission has the opportunity to
recommend conditions or criteria as part of the ordinance update.
Commission members had no changes and asked staff to bring back as a Public Hearing
to the February 16, 2012 Planning & Zoning Meeting.
7.La Porte Comprehensive Plan Update
A.Overview of Chapter 4, Community Mobility & Draft Thoroughfare Plan
Planning and Zoning Commission
Minutes ofJanuary 19, 2012
Page 4of 4
Chapter 3, Infrastructure & Growth Capacity including Public Safety was reviewed at the November
17, 2011, meeting. Chapter 4, Community Mobility and Draft thoroughfare Plan received earlier this
month was distributed to other City Department heads for review.
Matt Bucchin, of Kendig Keast,gave a power point presentation of Chapter 4outlining focus area,
goals, actions, and initiatives. Chapter 4(Community Mobility) is a consolidation of transportation
and Thoroughfare System of theprevious plan chapters.Comments and suggestions will be
incorporated to the plan.
Next step is submission of Chapter 5 (Economic Development) and Chapter 6 (Implementation)
for joint P&Z and City Council meeting on February 16, 2012.
8.Administrative Reports
Masood Malik invited Commission Members to the Northside Neighborhood Update Plan Meeting
at the JennieRiley Center January 24, 2012 at 6:00pm.
9.Commission Comments on matters appearing on agenda or inquiry of staff regarding
specific factual information of existing policy.
Commission MemberHootinformed the Commissionhe attended the previous Northside Update
Meeting and thought it was very good.
Commission MemberWarren thanked everyone for attending. Mr. Warren felt there was a lot of
confusion and in the future asked the Chairman to call for a short recess.
10.Adjourn
Motionto adjourn byMark Follis. Second byPhillip Hoot.The motion carried.The meeting
adjourned at 9:06p.m.
Ayes:Hal Lawler, Richard Warren, Mark Follis, Helen LaCour. Phillip Hoot, and Lou
Ann Martin.
Nays:None
Abstain:None
Submitted by,
Shannon Green
Planning Assistant
Approved on this day of , 2012.
Hal Lawler
ChairmanPlanning and Zoning Commission
Planning and Zoning Commission
Minutes of February 16,2012
Members Present:
Hal Lawler,Richard Warren, Mark Follis,Helen LaCour,Phillip Hoot, Lou Ann
Martin, Danny Earp, andDoretta Finch.
Members Absent:
Les Bird.
City Staff Present:
Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City
Planner, Masood Malik; City Attorney, ClarkAskins;Planning Assistant,Shannon
Green;Chief Building Official, Debbie Wilmore;
1.Call to order
Meeting called to order by ChairmanHal Lawler at6:01p.m.
Tim Tietjens announced items 3, 4, & 5, were placed on the agenda as a contingency that
Council would forward the item back to Planning and Zoning Commission. No public hearing was
necessary as City Council took action at the February 13, 2012,City Council meeting.
Chairman Hal Lawler asked for a roll call of members.
Les Bird wasnot present.
2.Consider approval of January 19, 2012, meeting minutes.
Motion byPhillip Hoot to tablethe January 19, 2011, meetingminutes.Second by Richard
Warren. Motion carried.
Ayes:Hal Lawler, Richard Warren, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann
Martin, Danny Earp, and Doretta Finch.
Nays:None
Abstain:None
3.Open a Public Hearing to receive public input on Special Conditional Use Permit #11-
91000007,which has been requested by Billy Coleman of ACT Independent Turbo
Services, Inc., on behalf of PPG Inc., property owner for the property described as Pt. TRS
1, 2A, 2, 4, 4A, and 23D, Bayport U/R, Section 1, Richard Pearsall Survey, Abstract No. 625,
La Porte, Harris County, Texas. The applicant seeks approval of a permit for establishing a
turbo machinery repair services facility to be located along Bay Area Boulevard near Spencer
Highway within Planned Unit Development (PUD) district.
This item was removed from the agenda.
4.Close Public Hearing.
No public hearing was held.
5.Consider ecommendation to City Council regarding Special Conditional Use Permit
r
Request #11-91000007.
The item was withdrawn.
6.Open Public Hearing to receive public inputregarding proposed regulations governing
operation of Group Care Facilities (a/k/a group homes, community homes, residential
personal care homes, living centers and assisted living centers).
Chairman Hal Lawler opened the public hearing at6:24pm.
A.Staff Presentation
Debbie Wilmore, Chief Building Official, provided a recap of staff’s report which included
Commission comments from discussions at two workshops (October 20, 2011 & January
19, 2012) as well as the previous public hearing (November 17, 2011).
Planning and Zoning Commission
Minutes ofFebruary 16, 2012
Page 2of 3
The Commission was reminded that currently under State and Federal laws, group care
facilities are considered “protected” and cannot be excluded in residential zones.
Existing city regulations prohibit “group care facilities” so these regulations should be
updated to prevent conflict with State and Federal laws. The Commission has the
opportunity to amend, add or delete regulations or criteria as part of the ordinance
update.
B.Proponents
There were none.
C.Opponents
Chuck Rosa of 812 S. Virginia, spoke against passing the ordinance.
D.Proponents Rebuttal
There were none.
7.Close Public Hearing.
Chairman Hal Lawler closed the public hearing at 7:14pm.
8.Consider recommendation to City Council regarding amendments to Chapter 106 “Zoning”
of the Code of Ordinances, for the purpose of enacting regulations governing operation of
Group Care Facilities.
Motion by Danny Earpto approve with the following amendments;
1.Amend the existing “family” definition to distinguish between individuals taking care of family
members and individuals operating a group care facility with residents who are “unrelated” to
them.
2.Amend the proposed “group care facilities” definition to include ….unrelated to the proprietor
dwelling and/orestablishment andrecoveringsubstanceusers.
of the
3.Amend proposed Section 106-334 (j) (5) [Special use performance standards; residential]
language to include….unrelated to the proprietor of the dwelling and/orestablishment….
4.Amend the Application for Group Care Facility Registration Certificate:
5.Change proposed annual fee to $25.00.
6.Change Registration Requirement (#5) language shown on the Application for Group
Care Facility Registration Certificate to read ….unrelated to the proprietor of the dwelling
and/orestablishment.
Second by Doretta Finch.
Ayes:Hal Lawler, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann Martin, Danny Earp,
andDoretta Finch.
Nays:Richard Warren
Abstain:None
Chairman Hal Lawler called for 10min break at 7:58pm.
Chairman Hal Lawler called the meeting back in session at8:14pm.
Planning and Zoning Commission
Minutes ofFebruary 16, 2012
Page 3of 3
9.La Porte Comprehensive Plan Update
Tim Tietjens, Planning Director, informed Commission mid to late Aprilis the target date to review
and discuss the draft plan.
Commission Members voiced concern with moving forward with the Comprehensive Plan Update
without more information. Commission requested a workshop to review the update more thoroughly,
and discuss editsin the language.
Staff will schedule a Special Called Workshop in March, 2012.
A.Overview of Chapter 5 & 6,Economic Development & Implementation
Matt Bucchin, of Kendig Keast, gave a presentation on Chapter 5& 6of the Comprehensive Plan
Update.
10.Administrative Reports
There were none.
11.Commission Comments on matters appearing on agenda or inquiry of staff regarding
specific factual information of existing policy.
Commission Member Warren thanked everyone for attending.
Commission Member Hoot requested unanswered questions and unchallenged directives to be
included as part of the minutes.
Commission Member Follis requested the Planning & Zoning Commission adopt bylaws.
Commission Member Earp requested staff copy Commission Members with a copy of the “Heavy
Hall Corridor”.
Commission Member Martin requested a link via email to the original Comprehensive Plan.
12.Adjourn
Motion to adjourn byRichard Warren. Second byHelen LaCour.The motion carried.The
meeting adjourned at9:54p.m.
Ayes:Hal Lawler, Richard Warren, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann
Martin, Danny Earp, and Doretta Finch.
Nays:None
Abstain:None
Submitted by,
Shannon Green
Planning Assistant
Approved on this day of , 2012.
Hal Lawler
ChairmanPlanning and Zoning Commission