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HomeMy WebLinkAbout05-17-12 Regular Meeting and Public Hearing 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 May 17, 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 April 19, 2012, meeting minutes. 4. Continue 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 May 17, 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 April 19, 2012 Members Present: Hal Lawler, Richard Warren, Mark Follis, Phillip Hoot, and Les Bird. Members Absent: Danny Earp, Doretta Finch, Lou Ann Martin, and Helen LaCour. City Staff Present: Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark Askins; Planning Assistant, Shannon Green; Chief of Police, Ken Adcox; and Animal Control Supervisor, Clarence Anderson. 1. Call to order Meeting called to order by Chairman Hal Lawler at 6:03p.m. 2. Roll Call of Members Chairman Hal Lawler asked for a roll call of members. Doretta Finch, Helen LaCour, Lou Ann Martin and Danny Earp were not present. 3. Consider approval of March 20, 2012, meeting minutes. Motion by Phillip Hoot to approve the March 20, 2012, meeting minutes. Second by Mark Follis. Motion carried. Ayes: Hal Lawler, Richard Warren, Mark Follis, Phillip Hoot, and Les Bird. Nays: None Abstain: None 4. Open Public Hearing to receive public input of 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. Chairman Hal Lawler opened the public hearing at 6:05pm. A. Staff Presentation Masood Malik, City Planner, gave staff's report. The City is requesting a Special Conditional Use Permit #12-91000001 for the construction of a new Animal Control & Adoption Facility to be located at 10901 Spencer Highway. Seven public hearing notices were mailed to property owners within 200' of the subject property; Staff received one response in favor and one opposed. B. Proponents There were none C. Opponents Mr. Gideon Jones, of 10403 Quiet Hill spoke against Special Conditional Use Permit #12- 91000001. Mr. Jones spoke strongly against the City of La Porte building a "Dog Pound" on the parcel of land requested. Mr. Jones offered the Commission an alternative to use the Air National Guard building and the adjacent property for a Model Terminal with a restaurant and hotel. D. Proponents Rebuttal There were none Planning and Zoning Commission Minutes of April 19, 2012 Page 2 of 3 Planning Director, Tim Tietjens, addressed the Commission with a letter from the Texas Department of Transportation, Aviation Division. The letter dated February 1, 2012, states the Texas Department of Transportation, Aviation Division concurs with the proposed use. Chief of Police, Ken Adcox, informed the Commission the Animal Control Advisory Board and the architecture firm considered several possible locations. The Animal Control Advisory Board and City Council wanted a city owned piece of property to house the facility. This parcel of land was presented to City Council and Council agreed. The goal is to have a new facility in a centralized location to increase animal adoptions. The city currently euthanizes 1000 animals a year. The new facility will be primarily used during the day. All the kennels will be in -door. The facility will have a sally port for loading and unloading animals securely with a double fence around the property. Commission Member Hoot asked staff to contact the Effected Home Owners Associations and the Airport Advisory Board to notify them of the Public Hearing. Staff will contact Dave Mick, Director of Public Works, to inquire about the Airport Advisory Board. Staff did not agree to go outside the confines of the city ordinance to contact citizens outside the required 200'. Commission Member Warren asked staff if the public hearing sign was posted at the site. Staff confirmed the sign was posted. After discussion, Commission Members asked staff to bring Special Conditional Use Permit #12- 910000001 back to the May 17, 2012 Planning & Zoning Meeting with an approved site plan. Commission members also asked staff to review the items on the Special Conditional Use Permit. Motion by Phillip Hoot to continue the Public Hearing for Special Conditional Use Permit #12- 91000001 at the May 17, 2012, Planning and Zoning Meeting. Second by Mark Follis. Motion Carried Ayes: Hal Lawler, Richard Warren, Mark Follis, Phillip Hoot, and Les Bird. Nays: None Abstain: None 5. Close Public Hearing The Public Hearing was not closed. 6. Consider recommendation to City Council regarding Special Conditional Use Permit Request # 12-91000001. The Public Hearing was tabled for the May 17, 2012, Planning & Zoning meeting. 7. Administrative Reports Masood Malik —Northside Neighborhood Plan Update meeting was held March 29, 2012, at the Jennie Riley Center to discuss final recommendations. 8. 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. Mr. Warren added, he would drive by the site and confirm the sign had not fallen. Mr. Warren also added he would like to see the city clean up the Air National Guard building. Commission Member Hoot stated he would like to effected people involved in the decision making process. He stated staff and Commission Members are her to help the citizens. Commission Member Bird agreed to not go outside the confines of the Ordinance to contact property owners. Chairman Hal Lawler thanked everyone for coming. Chairman Lawler stated the concept of a "Dog Pound" has changed though the years. They are now "Humane Centers" and it's more about saving the lives of animals. Planning and Zoning Commission Minutes of April 19, 2012 Page 3 of 3 9. Adjourn Motion to adjourn by Richard Warren. Second by Mark Follis. The motion carried. The meeting adjourned at 7:24p.m. Ayes: Hal Lawler, Richard Warren, Mark Follis, Phillip Hoot, and Les Bird. Nays: None Abstain: None Submitted by, Shannon Green Planning Assistant Approved on this day of , 2012. Hal Lawler Chairman Planning and Zoning Commission Staff Report May 17, 2012 CLP. Animal Shelter Special Conditional Use Permit #12-91000001 Public Hearing: Planning & Zoning Commission held a public hearing on April 19, 2012, and continued until next meeting. 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 out of a 12.473 acre tract 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 a 12.473 acre tract excepted from the 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 site adjacent to the airport 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 secured the services of an architectural firm to design a new Animal Shelter and Adoption Center at 10901 Spencer Highway. The proposed building is approximately 5,000 square feet. An existing Animal Control Division is located at 1201 South 4m 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: Section 106-637 of the Code of Ordinances establishes the following review criteria and conditions for approval of Planned Unit development: Animal Shelter #12-91000001 Page 2 of 4 a) Application for a conditional use permit is filed and processed based upon procedures established by Sections 106-216 thru 106-218 of the Code of Ordinances. (Filed) b) Application for a minor development site plan is filed and processed simultaneously with the conditional use permit. (Filed & Processed) c) Submittal and filing of a development site plan shall be in accordance with the requirements of the Development Ordinance 1444 with the following information or checklist on the site plan: (Submitted) 1- Entire outline, overall dimensions, and area of the tract in question (Shown). 2- Use, zoning, and ownership of all adjacent properties including location of all structures and right-of-way widths of the adjacent public roadways (Noted). 3- Existing and proposed topography (shown). 4- Location, dimensions, and floor area of proposed building (Shown). 5- Type of each use proposed to occupy each building with approx. floor area (N/A). 6- Location and layout of parking (Shown). 7- Location and layout of truck loading facilities, if appropriate. 8- Location and dimensions of all vehicular entrances, exits and driveways (Shown). 9- Location and dimensions of all fences and plantings designed for screening purposes (Shown). 10- Detention/drainage system (U/G with catch basins). 11- Exterior signs, architectural style, and landscape concepts (Included). 12- Proposed exterior architectural elevations describing design elements and material appearances (Shown). d) Proposed schedule of construction. Estimated start date: November, 2012 and completion date August 2013. e) Proposed deed restrictions, assessments, and covenants (N/A) f) Review by the Planning and Zoning Commission. (Action Requested) g) Final Planned Unit Development Plan h) Approval by City Council The subject site is adjacent to the La Porte Municipal Airport. 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 internal 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. Animal Shelter #12-91000001 Page 3 of 4 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. The 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. TxDOT — A 12.473 acre tract is designated for non -aviation related development on the approved airport layout plan. In addition, TxDOT concurs with this proposed use at the 1.403 acre site along Spencer Highway. TxDOT will also review building height and other elements as the plans are further along to ensure no airspace issues. A double fence is required around the site as well. Airport Advisory Board/FBOs - The board has not met in several years and therefore, it is considered to be a defunct. However, the chairman of the board had informed FBOs (Fixed Based Operators) of the potential for an animal shelter. Only, Mr. Gideon Jones of La Porte Flightline, LLC., expressed concern about animal shelter located near an area for future airport terminal building at that time. It is staff s opinion that a terminal building would not be considered until there would be considerably more development and increase in air traffic at this facility. It does not seem likely to occur in the foreseeable future considering existing developments around the airport and without extending the runways. Furthermore, it would take a change in aircraft technology along with a sharp increase in the demand for general aviation. Conclusion/ Recommendations: Sections 106-216 & 106-217 establish criteria and following 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. • That the conditions placed on such use, as specified in each district, have been met by the applicant. Animal Shelter #12-91000001 Page 4 of 4 • 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. 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. 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. 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. 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 c�,x �00*06Z cn w w U- U= CO Z O `.a a. U) LL OU LL Zo 4` � sLJJ o --- o O� o O ° o LLI U � � W O ©� W Y CO Z O d Z O= � � U �fl a zo C� �x ° �a t 10 � L'r •� 0 u ua a. 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