HomeMy WebLinkAbout08-18-11 Planning and ZoningCity of La Porte Planning and Zoning Commission Meeting Agenda
Notice is hereby given of a Regular Meeting and Public Hearings of the La Porte Planning and
Zoning Commission to be held on August 18, 2011, at 6:00 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. Consider approval of August 02, 2011, meeting minutes.
3. Open Public Hearing to receive citizen input for Special Conditional Use Permit Request #11-
91000004, which has been requested for the property described as TR 21, Nebraska Syndicate,
Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Dave Beck on behalf of
B&G Crane Service, LLC., is seeking approval of a Special Conditional Use Permit for
establishing a facility to be located at 910 State Highway 146 North. Heavy construction
equipment rental and leasing is classified as a conditional use per City's Code of Ordinances.
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
4. Close Public Hearing.
5. Consider recommendation to City Council regarding Special Conditional Use Permit Request
#11-91000004 for proposed establishment to be located at 910 State Highway 146 North.
6. Open Public Hearing to receive citizen input regarding a grant proposed for Harris County project
year 2012 Home Investment Partnership (HOME) Program for construction of eight (8) affordable
single-family homes in the City's Northside.
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
7. Close Public Hearing.
8. Discuss proposed policy regarding street construction standards for truck terminals off
authorized truck routes.
9. Administrative Reports
10. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy
11. Adjourn
A quorum of Cite 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 sen-e 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 August 18, 2011, agenda of items to be considered by the City of La Porte
Planning and Zoning Commission was posted on the City Hall bulletin board on the 11t" day of
August, 2011.
Shannon Green, Planning Assistant
I certify that the attached agenda of items to be considered by the Planning and Zoning Commission
was removed by me from the City Hall bulletin board on the day of 12011.
Title:
Planning and Zoning Commission
Minutes of August 2, 2011
Members Present: Doretta Finch, Richard Warren, Helen LaCour, Phillip Hoot, Hal Lawler, Lou Ann
Martin, Mark Follis, and Danny Earp.
Members Absent: Les Bird
City Staff Present: Assistant City Manager, Traci Leach; City Planner, Masood Malik; Planning
Assistant, Shannon Green and Assistant City Attorney, Clark Askins.
1. Call to order
Meeting called to order by Chairman Hal Lawler at 6:09p.m.
2. Administer Oath of Office to newly appointed members: Mark Follis (District 4), Helen
LaCour (District 3), Phillip Hoot (At -Large B)
Clark Askins, City Attorney administered the Oath of Office to newly appointed Commission
Members Mark Follis (District 4), Helen LaCour (District 3), Phillip Hoot (At -Large B).
3. Consider approval of June 21, 2011, meeting minutes.
Motion by Lou Ann Martin to approve the regular meeting minutes of June 21, 2011. Second by
Helen LaCour. Motion carried.
Ayes: Doretta Finch, Richard Warren, Helen LaCour, Phillip Hoot, Hal Lawler, Lou Ann
Martin, and Danny Earp.
Nays: None
Abstain: Mark Follis
4. La Porte Comprehensive Plan Update
Chairman Hal Lawler opened the discussion at 6:20pm.
Masood Malik, City Planner provided a brief progress report of the Comprehensive Plan update.
The kick-off meeting was on June 21, 2011. Several group discussions and stakeholders'
interviews were held at City Hall followed by, the Planning and Zoning Commission meeting in the
evening. The input received through discussion and data gathered in the process is a basis for of
the Chapter 1 Plan context.
Staff received Chapter 1 followed by three exhibits; area map, demographics and economic
snapshots showing comparison with other surrounding cities. For further details, it was turned
over to the consultants (Bret Keast and Matt Bucchin).
Mr. Keast explained the delivery of Chapter 1 and other exhibits, review by staff and few changes
to the draft Chapter 1. The Commission asked the consultant to adhere to the project timeline
and ensure deliverables are sent to them in a timely manner with staff's strike outs and other
notable changes to the draft. The Commission focused on the importance of more public input
and involvement, i.e. to publicize on the City's website, create a link to the Comprehensive Plan
Update, Channel 16, Chamber of Commerce, Bayshore Observer, etc.
A. Overview of Chapter 1, Plan Context
Mr. Bucchin presented a power point presentation on Chapter 1 and provided an
overview of the visioning process to assess where the community is today and has been
in the past and the projected road map for the future.
B. Land Use Planning Exercise
The Commission held a round table discussion on the Land Use Planning exercise,
indicated remaining development areas, infill areas, and identified redevelopment areas
for discussion purposes.
Planning and Zoning Commission
Minutes of August 02, 2011
Page 2 of 2
C. Next Steps
The Next Chapter Land Use and Character will be delivered late August and will be
discussed during the Planning and Zoning Commission meeting on September 15, 2011.
5. Administrative Reports
• Staff is currently working with a perspective consultant for the Northside Neighborhood
Plan.
• Staff was informed by the owner of Lakes of Fairmont Greens, they have an agreement
with a prospective builder. They are doing their due diligence and will soon meet with
staff.
• Masood reminded the Commission the regular scheduled Planning and Zoning meeting
is August 18, 2011.
6. Commission Comments
There were none.
A. Matters appearing on agenda
B. Inquiry of staff regarding specific factual information or existing policy
7. Adjourn
Motion by Helen LaCour to adjourn the meeting, Second by Richard Warren. Motion Carried.
Chairman Hal Lawler adjourned the meeting at 8:55pm.
Ayes: Doretta Finch, Richard Warren, Helen LaCour, Phillip Hoot, Hal Lawler, Lou Ann
Martin, Mark Follis, and Danny Earp.
Nays: None
Abstain: None
Submitted by,
Shannon Green
Planning Assistant
Approved on this day of
Hal Lawler
Chairman Planning and Zoning Commission
, 2011.
(Construction Equipment Rental/Leasing Facility)
Exhibits
A.
Staff Report
B.
Draft SCUP
C.
Aerial Map
.............
Staff Report August 18, 2011
B&G Crane Service
Special Conditional Use Permit 911-91000004
Requested by: Dave Beck, B&G Crane Service, LLC.
Requested for: TR 21, Blk. 21, Nebraska Syndicate, Johnson Hunter Survey, Abstract 35,
La Porte, Harris County, Texas.
Location: 910 State Highway 146 North
Zoning: Business Industrial (Bl)
Proposed Use: Heavy Construction Equipment Rental & Leasing
Background: The applicant is engaged in leasing this facility for the purpose of rental and
leasing of heavy construction equipment. It is an eight acre tract located
along feeder road of State Highway 146 just north of Barbour's Cut
Boulevard. Previous use of the subject property was Specialized Tank
Services. Currently, the property is lying vacant and has an office/warehouse
space with a huge outside storage yard.
The property is zoned Business Industrial (Bl). Heavy Construction
Equipment rental and leasing (SIC #7353) is unlisted use, which is
considered as a `Conditional Use' in commercial/industrial zoning districts.
The reason some uses are conditional is that in certain instances the
Commission may feel that a use may be appropriate if fiirther conditions are
considered on a case -by -case basis.
Analysis: Staff reviewed this request using the Code of Ordinances Sections 106-216,
106-217 (pertains to SCUT'), all applicable elements of the La Porte
Comprehensive Plan, Development Ordinance, and Code of Ordinances
(Chapter 106) as a guide. Considerations were given to the following issues:
• Character of the surrounding and adjacent properties;
• Existing use of nearby properties, and the extent to which a land use
classification would be in hatmony with such existing uses or the
anticipated use of the properties;
• Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
• Extent to which the designated use of the property would hairn the value
of adjacent land uses;
• Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of road network influenced by the use;
• Extent to which the proposed use designation would permit excessive
air, water or noise pollution, or other environmental harm on adjacent
land use designations; and,
13&G Crane Service
Page 2 of 3
® The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
Land Use — The City's Land Use Plan shows this area developing with
commercial industrial uses. The existing land uses in the vicinity are
primarily commercial & industrial in nature.
Transportation - Staff notes that the subject tract abuts feeder of State
Highway 146 North, a major freeway in the Bayport area and southeast
Harris County. The transportation/traffic system may accommodate the
traffic and existing properties should not be impacted by the proposed use.
The existing roads are adequate to support the project and the proposed
development should not conflict with the Thoroughfare Plan.
Utilities and Drainage - Staff reviewed the existing facilities and services
for each of the components of the utility system for the proposed use. A 10"
water line dins north -south along North 8" Street (unimproved right -of --way,
east of the property in question. Existing water is adequate for potable and
fire protection needs of the proposed use. A 15" sanitary sewer runs north to
south along the west right -of way of North 8"' Street, east of the property.
Being located to the east of State Highway 146 and in the F101 Watershed,
the property will drain as is into an existing system.
Landscaping --- Current state of the property is mostly impervious surface,
however, vacant spots or some portion of the facility's landscaping should be
placed adjacent to the major freeway.
Conclusion: Based on the facts and considerations presented above, if the Planning and
Zoning Commission wishes to consider approval of this Special Conditional
Use Permit, staff suggests the following conditions as a minimum be added:
1. SCUM 1-91000004 is specifically limited to the proposed use of
Heavy Equipment rental and leasing as described by SIC Code#7353.
2. All new or proposed paving/parking material shall be either asphalt or
concrete in accordance with the Public Improvement Criteria Manual
(PICM) of the City of LaPorte.
3. Ensure that existing tree line or vegetation will be preserved off the rear
property line and along frontage road of State Highway 146.
4. All new or proposed landscaping shall be provided with an approved
irrigation system to ensure that all landscaping and screening is
properly maintained by the owner/developer or tenant.
5. A fence shall not be erected within the front yard setback (20') of any
commercial establishment per Section 106-797(2) of the Code of
Ordinances.
6. All new fencing and signage shall require a separate permit from the
City's Inspection Division.
B&G Crane Service
Page 3 of 3
7. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
• Recommend to Council approval of this SCUP with additional
conditions.
• Recommend to Council denial of this SCUP.
• Table this item for Rifther consideration by the Commission.
Draft
City of La Porte
Special Conditional Use Permit # 11-91000004
This permit is issued to: Dave Beck c/o B&G Crane Service, LLC _.
Owner or Agent
317 South Hi-ghway 146, Baytown TX 77520
Address
For Development of: B&G Crane Service
Development Name
910 State Highway 146 North, La Porte, TX 77571
Address
Legal Description: TR 21, Block 21, Nebraska Syndicate, Johnson Hunter Survey
La Porte Harris County, Texas.
Zoning: Business Industrial Bl
Use: Heavy Equipment Rental and Leasing
Permit Conditions:
1. SCUP#11-91000004 is specifically limited to the proposed use of Heavy Equipment rental and
[easing as described by SIC Code#7353.
2. All new or proposed paving/parking material shall be either asphalt or concrete in accordance
with the Public Improvement Criteria Manual (PICM) of the City of La Porte.
3. Ensure that existing tree line or vegetation will be preserved off the rear property line and along
frontage road of State Highway 146.
4. All new or proposed landscaping shall be provided with an approved irrigation system to ensure
that all landscaping and screening is properly maintained by the owner/developer or tenant.
5. A fence shall not be erected within the front yard setback (20) of any commercial establishment per
Section 106-797(2) of the Code of Ordinances.
b. All new fencing and signage shall require a separate permit from the City's Inspection Division.
7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
Staff Report
Home Investment Partnership
(HOME) Program
Background
August 18, 2011
The City is committed to offering quality affordable housing for low-income families.
The City intends to build eight new homes over the next two years in the Northside
Neighborhood.
The City has submitted an application to Harris County in order to secure funds to
continue the Northside Project and to eventually expand the program throughout areas of
need in LaPorte. The rejuvenating effects of the program have had a profound impact
upon the Northside Neighborhood and the City is committed to expand the opportunities
offered by the Home Investment Partnership Program.
Staff Report August 18, 2011
Construction Standards for Streets
off Authorized Truck Routes
Background:
At the March 17, 2011 meeting, the Commission held a workshop to review the City's
official trick route map and discuss possible additions of new trick routes along South 16th
Street north and south of Fairmont Parkway.
Later, the Commission directed staff to prepare cost estimates and furnish a cost benefit
analysis for the reconstruction of those streets either asphalt or concrete. Staff calculated
projected value of developed and undeveloped properties along these rights -of -way. The
benefits are less than the annual payment towards the costs. The constriction cost is greater
than the value of the project.
Analysis:
Street cost consists of its constriction and maintenance. The responsibility for maintaining
these roads rests with the developer. It is the responsibility of the developer to constrict new
roads servicing any new development. The taxpayers are not obligated to build roads for
new development. Preventive maintenance is key to controlling long-term costs.
It costs less in the long run to have good roads than bad roads —if you keep up with
preventive maintenance continuously.
Typically, roads get built when the adjacent property is subdivided. The City does not
usually build roads. If a developer asks to subdivide property in order to develop it, that
developer is responsible for building the adjacent roads.
Conclusion:
The Commission discussed the item thoroughly and determined that it is not feasible to
designate these additional streets as trick routes per standard specifications. In addition, cost
benefit analysis estimates and totals up the equivalent money value of the benefits and cost
to the community of project establishes that it is not worthwhile.
Finally, Commission directed staff to come up with a policy for owners/developers to build
and use public street right-of-ways in a case when proposed use is allowed in that particular
zoning district but it is off the authorized trick route.
Draft policy is attached for review and comments in this regard.
City of LaPorte, Texas
Planning Department Policy
Effective 08/18/11
Policy to establish requirements for Owners/Developers to build and use public street rights -of -
way for truck terminals within Light or Heavy Industrial zoning districts that do not have direct
frontage on a designated truck route. City of LaPorte. 4P2011-002
Purpose: To establish minimum guidelines for roadway construction standards by property
owners/developers establishing trucking terminals within appropriately zoned property that does
not have direct frontage on a designated truck route.
Background: Current zoning ordinance requirements do not allow a truck terminal to be used or
constructed unless it is located in an authorized zone and it has frontage on a designated truck
route. A developer of a potential truck terminal requested that property off the truck route be
allowed for such use. After a presentation of the costs and benefits associated with the request,
the Planning Commission determined that the costs to the city exceeded the benefits that would
accrue.
Timing: Interim policy until review of ordinances requirement can be implemented.
Policy:
1. The policy is applicable to truck terminal facilities proposing to locate in an otherwise
appropriately zoned district, but do not have the required direct frontage on a designated
truck route.
It is the responsibility of the owner and/or developer of the truck terminal facility to make
necessary improvements to the road surface in accordance with the City's standards and
specifications in accordance to the Public Improvement Criteria Manual for said public
roadways PICM in order to build the truck terminal or to obtain a zoning permit for the
trucking terminal.
3. The term "make necessary improvements" referenced in item 2 above, includes paying for all
costs related to the construction and installation of pavement or its extension including
necessary appurtenance which may include drainage; as well as all engineering fees for
survey, design, bidding, construction inspection and hiring of an approved general contractor
to install improvements to the street right-of-way
4. The street will be maintained by the city thereafter only if the construction standard is in
accordance with the standards and specifications in the Public Improvement Criteria Manual.
Signed by Director:
Date:
S:Citv Planning Share01-Planning Department, street clarification 11-002.doc