HomeMy WebLinkAbout04-19-12 Regular and Public Hearing Meeting of the Planning and Zoning CommissionCity of La Porte Planning and Zoning Commission Agenda
Notice is hereby given of a Regular Meeting and Public Hearing of the La Porte Planning and Zoning
Commission to be held on April 19, 2012, 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. Roll Call of Members
3. Consider approval of March 20, 2012, meeting minutes.
4. Open Public Hearing to receive public input on Special Conditional Use Permit #12-91000001,
which has been requested for the property described as 1.403 acres along Spencer Highway,
further described as Tract D, Lots 1, 2, 3 & TR 4A, Blk. 1 & Lots 1, 2, 3, 4, & TR 5, Blk. 2, W. J.
Payne Subdivision, W. M. Jones Survey, Abstract No.482, La Porte, Harris County, Texas. The
City of La Porte is seeking approval of a Special Conditional Use Permit for building a new Animal
Shelter at 10901 Spencer Highway to be located within La Porte Municipal Airport property, which
is zoned Planned Unit Development (PUD) district.
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
5. Close Public Hearing.
6. Consider recommendation to City Council regarding Special Conditional Use Permit Request
#12-91000001.
7. Administrative Reports
8. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific
factual information or existing policy
9. 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 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 the April 19, 2012, agenda of items to be considered by the Planning and
Zoning Commission was posted on the City Hall bulletin board on the day of 12012.
Title:
Planning and Zoning Commission
Minutes of March 20, 2012
Members Present: Hal Lawler, Richard Warren, Mark Follis, Phillip Hoot, Lou Ann Martin, Danny
Earp, and Doretta Finch.
Members Absent: Les Bird and Helen LaCour.
City Staff Present: Interim City Manager, Steve Gillett; Assistant City Manager, Traci Leach;
Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark
Askins; Planning Assistant, Shannon Green.
1. Call to order
Meeting called to order by Vice Chairman Danny Earp at 6:02p.m.
2. Roll Call of Members
Vice Chairman Danny Earp asked for a roll call of members.
Hal Lawler, Helen LaCour, and Les Bird were not present.
3. Consider approval of January 19, 2012, and February 16, 2012, meeting minutes.
Motion by Lou Ann Martin to approve the January 19, 2012, meeting minutes. Second by
Richard Warren. Motion carried.
Ayes: Richard Warren, Mark Follis, Lou Ann Martin, Danny Earp, and Doretta Finch.
Nays: None
Abstain: Phillip Hoot
Motion by Phillip Hoot to approve the February 16, 2012, meeting minutes. Second by Mark
Follis. Motion carried.
Ayes: Richard Warren, Mark Follis, Phillip Hoot, Lou Ann Martin, Danny Earp, and
Doretta Finch.
Nays: None
Abstain: None
4. La Porte Comprehensive Plan Update
Tim Tietjens, Planning Director, addressed the Commission. Mr. Tietjens stated, per
Commissions recommendation, Staff has called a Special Called Meeting to clarify how the plan
interacts with the regulatory ordinance.
Chairman Hal Lawler arrived at the meeting at 6:13pm. Vice Chairman Earp stepped down as
Chairman.
Matt Bucchin of Kendig Keast, provided an introduction to the comprehensive plan, the basis for
preparing and updating the comprehensive plan, and tools for implementation. The plan update
consists of six chapters. With a revised project schedule, Chapters 1, 3, 4, & 5 will be delivered
March 23rd. The Commission formed subcommittees to review these chapters separately. Written
comments, suggestions, and edits will be incorporated into the draft plan. Chapter 2 (Land Use)
and Chapter 6 (Implementation) will be reviewed by the whole Commission.
The Commission voiced concern with moving forward with the Comprehensive Plan Update without
more information and asked about legality and authority for implementation.
The Consultant informed the Commission that Chapter 213 of the Texas Local Government Code
provides for a governing body of a municipality to adopt a comprehensive plan for the long range
development of the municipality.
Planning and Zoning Commission
Minutes of March 20, 2012
Page 2 of 3
The Consultant noted the Comprehensive Plan is a legal document setting forth goals, objectives
and policies for guiding future development — standards and proposed locations for land use,
infrastructure, special elements, or short term action programs. The Planning and Zoning
Commission is the guardian of this document. The City Planner and Planning Director are a liaison
and advisor respectively to the Commission on behalf of the City to coordinate all matters pertaining
to the Commission towards planning and development of the City.
It also provides the relationship between a comprehensive plan and development regulations and
may provide standards for determining the consistency required between a plan and development
regulations.
On the Commission's concern of rewrite, not just an update, staff and consultant informed that by law
the Planning Commission is a reviewing authority and may chose to review at five-year intervals. The
current Comprehensive Plan was first reviewed in 2005-06; this is now a ten-year review, which is
substantial. Additional meetings have been arranged to accommodate concerns and feedback to
ensure Commissioners are comfortable making their recommendation to City Council.
On the question of zoning, by law, a Comprehensive Plan shall not constitute zoning regulations or
establish zoning district boundaries. The Commission was informed that City Council has approved a
contract amendment with the consultant to conduct a land use study for the purpose of analyzing
and refining the proposed future land use plan. This will provide an existing pattern of land use and
zoning, the nature and extent of conformity or nonconformity of existing uses, and consistency with
the classification of future land use. Staff will provide a list of all zoning permits with SIC codes to
evaluate the land use inventory.
The Commission requested all members have a current Comprehensive Plan and the revised one
put on the City's website and if any changes to PUDs, owners of the property must be informed
accordingly.
Staff revised the future meetings chart. The deliverable will be available to Commission Members
April 9th. The Commission will review and redline their changes or concerns.
Commission agreed to form sub -committees to meet and review the following chapters:
Chapter 5, Phillip Hoot, Lou Ann Martin, and Hal Lawler
Chapter 4, Danny Earp, Phillip Hoot and Lou Ann Martin
Chapter 3, Mark Follis, Doretta Finch, and Richard Warren
Chapter 1, Mark Follis and Doretta Finch.
Chapter 6 and 2 will be reviewed at a Special Called Planning & Zoning Meeting.
Staff will provide the dates and attend the sub -committee meetings.
Staff will email the absent Commission Members and see if they would like to sign up for a sub-
committee.
Staff will post the updated Comprehensive Plan update Schedule on the City's Webpage.
5. Administrative Reports
Masood Malik —Northside Neighborhood Plan Update meeting will be conducted March 29, 2012,
at 6:OOpm at the Jenny Riley Center.
6. Commission Comments on matters appearing on agenda or inquiry of staff regarding
specific factual information of existing policy.
Commission Member Doretta Finch is looking forward to working on the Comprehensive Plan.
Commission Member Warren asked how the meetings will be arranged.
Commission Member Hoot is happy with the way things are going.
Commission Member Martin is excited about the sub -committee meetings.
Commission Member Follis requested staff provide a color copy of the '84 Comprehensive Plan.
Planning and Zoning Commission
Minutes of March 20, 2012
Page 3 of 3
Vice Chairman Earp thanked staff for their response to questions asked at the last meeting. Vice
Chairman Earp added, he has lived in La Porte most of his life and would like to see the Commission
do what's in the best interest of La Porte.
7. Adjourn
Motion to adjourn by Richard Warren. Second by Phillip Hoot. The motion carried. The meeting
adjourned at 8:24p.m.
Ayes: Hal Lawler, Richard Warren,
Earp, and Doretta Finch.
Nays: None
Abstain: None
Mark Follis, Phillip Hoot, Lou Ann Martin, Danny
Submitted by,
Shannon Green
Planning Assistant
Approved on this day of , 2012.
Hal Lawler
Chairman Planning and Zoning Commission
Staff Report April 19, 2012
CLP. Animal Shelter
Special Conditional Use Permit #12-91000001
Request: Special Conditional Use Permit Request #12-91000001
Requested By: City of La Porte c/o Reagan McPhail (Public Improvements Coordinator)
Requested For: 1.403 acres (61,102 sq. ft.) TR D in the W. J. Payne Subdivision, W. M.
Jones Survey, Abstract No.482, La Porte, Harris County, Texas. The
property is located at 10901 Spencer Highway.
Present Zoning: Planned Unit Development (PUD)
Requested Use: Proposed City of La Porte Animal Shelter and Adoption Center site is to be
located within La Porte Municipal Airport property. Per Section 106-637 of
the Code of Ordinances, a Special Conditional Use Permit is required for the
proposed development to be located within a Planned Unit Development
(PUD) zone.
Background: City Council approved a Capital Improvement Project for the current Fiscal
Year for the construction of a new Animal Shelter and Adoption Center. At
their March 12, 2012, meeting, staff presented options and received
directions on the location of the new Animal Shelter. The Airport Site is
selected for proposed animal shelter. In addition, the site scored higher on
the architect's recommendation due to a central location, higher elevation
and requires minimal site preparation.
The City of La Porte is in the process of securing an architectural firm to
design a new Animal Shelter and Adoption Center at 10901 Spencer
Highway. Proposed building will be approximately 5,000 square feet.
Currently, Animal Control Division is located at 1201 South e Street. The
City's growth trends and animal care/control approach require advanced
equipment and better accommodation at the facility, which is an old building
with limited space for housing animals.
Analysis: Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
• That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
Animal Shelter
#12-91000001
Page 2 of 3
• That the conditions placed on such use, as specified in each
district, have been met by the applicant.
• That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
The subject site is within the La Porte Municipal Airport property. There are
residential subdivisions and commercial retail developments across the street
along Spencer Highway. The proposed use should have minimal impact on
the surrounding properties. The transportation system should adequately
accommodate through traffic and continue to provide for free flow of people,
goods and services. There will be no new driveway added to this facility
along Spencer Highway; instead access will be from an existing roadway.
The traffic flow within and between neighborhoods and throughout the
community should not be affected by the proposed development. Existing
roads are adequate to support the said project.
Staff has reviewed existing facilities and services for each of the components
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection needs. Sanitary sewer is readily
available to the property. As a developed property, storm drainage sheet
flows to the existing storm sewer system along Spencer Highway.
If approved, the building and parking lot would comply with all applicable
zoning regulations. Stripping of the parking lot shall be required. The City's
design standard per Section 106-835 of the Code of Ordinances shall be
applicable for standard and accessible parking space size, and maneuvering
aisle width. The location of handicap parking spaces should be appropriate.
Parking lot will be designed by the City staff engineer to ensure that no
outside lighting in the parking lot conflicts with the airport operations. Staff
also suggests that exterior building design standards shall be consistent with
materials used for existing buildings on the Airport property.
Conclusion: Staff recommends the approval of Special Conditional Use Permit#12-
91000001 with the following conditions:
1. This Special Conditional Use Permit is specifically limited for the City's
new Animal Shelter & Adoption Center within the Airport property.
2. The facility shall be designed to minimize impacts to adjoining and/or
adjacent property owners and uses, including number of animals, noise,
and odor and are in compliance with these regulations.
3. Animal waste and wastewater are properly disposed of, potential disease
vectors are controlled, and requirements of state or federal licensure, if
any, are met.
Animal Shelter
#12-91000001
Page 3 of 3
4. All records will be kept in accordance with local, state, and federal
ordinances, law, rules and regulations.
5. Proper attention shall be paid to animal welfare, including isolation as
necessary, veterinary services, escape prevention, emergency evacuation,
and state or federal animal protection licensing requirements, if any.
6. Stripping of the parking lot shall be required and layout plan be designed
by the City to determine adequate parking.
7. No outside lights, or any equipment shall be allowed that interferes with
the Airport operations.
8. Any new signage requires a separate sign permit from the City.
9. The roofed -over structures on the property shall not accumulatively
exceed the lot coverage or maximum (40%).
10. Height of the building shall not exceed 20'.
11. All required development fencing shall comply with setbacks and shall
be consistent with an existing fence material on the Airport property.
12. Exterior building design standards shall be consistent with materials
used for existing buildings on the Airport property.
13. The Owner/Developer shall comply with all applicable laws and
ordinances of the City and the State of Texas.
Options available to the Commission:
• Recommend to Council approval of this SCUP.
• Recommend to Council denial of this SCUP.
• Table the item for further consideration by the Commission.
`Draft'
City of La Porte
Special Conditional Use Permit #12-9100001
This permit is issued to: City of La Porte c/o Reagan McPhail
Owner or Agent
604 W. Fairmont Parkway, La Porte TX 77571
Address
For Development of: Animal Shelter & Adoption Center
Development Name
10901 Spencer Highway, La Porte, TX 77571
Address
Legal Description: TR D, 1.403 acres in the W.J.PUne Subdivision, W. M. Jones -
Survey, Abstract No. 482,La Porte, Harris County, Texas.
Zoning: Planned Unit Development (PUD)
Use: Animal Shelter & Adoption Center
Permit Conditions:
1. This Special Conditional Use Permit is specifically limited for the City's New Animal Shelter and Adoption Center
within the airport property.
2. The facility shall be designed to minimize impacts to adjoining and/or adjacent property owners and uses, including
number of animals, noise, and odor and are in compliance with these regulations.
3. Animal waste and wastewater are properly disposed of; potential disease vectors are controlled, and requirements of
state or federal licensure, if any, are met.
4. All records will be kept in accordance with local, state, and federal ordinances, law, rules and regulations.
5. Proper attention shall be paid to animal welfare, including isolation as necessary, veterinary services, escape
prevention, emergency evacuation, and state or federal animal protection licensing requirements, if any.
6. Stripping of the parking lot shall be required and layout plan be designed by the City to determine adequate parking.
7. No outside lights, or any equipment shall be allowed that interferes with the Airport operations.
8. Any new signage requires a separate sign permit from the City.
9. The roofed -over structures on the property shall not accumulatively exceed the lot coverage or maximum (40%).
10. Height of the building shall not exceed 20'.
11. All required development fencing shall comply with setbacks and shall be consistent with an existing fence
material on the Airport property.
12. Exterior building design standards shall be consistent with materials used for existing buildings on the Airport
property.
13. The Owner/Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to occupy the building 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 contract or agreement 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
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