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HomeMy WebLinkAbout06-20-13 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning Commission City of La Porte Planning and Zoning Commission Agenda RegularMeeting,Public Hearing, and Workshop Notice is hereby given of a of the La Porte June20, 20136:00 P.M Planning and Zoning Commission to be held on , at . at City Hall Council Chambers, 604WestFairmont 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 April18, 2013, meeting minutes. 4.Open Public Hearing to receive public input on RezoneRequest#12-92000001, which has been requested for 0.5280acre tract of land locatedalong South Broadway, further described as Lots 17 through 24, Block 1437, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Joe Farella c/o Monroe Properties, LLC.,seeks to have this property rezoned from Low Density Residential (R-1) toHigh Density Residential (R-3) for proposed multi- family development. A.StaffPresentation B.Proponents C.Opponents D.Proponents Rebuttal 5.Close Public Hearing 6.Consider recommendation to City Council regarding Rezone Request #12-92000001for change from Low Density Residential (R-1)to HighDensity Residential (R-3) for 0.5280acre tract of landlocated along South Broadway. 7.Open Workshop to discuss: A.Prospect of a potential Zone Change from Business Industrial (BI)to Light Industrial (LI)for a property located along Fairmont Parkway at Bay Area Boulevard. th Street. B.Additional Truck Routes along S. 16 8.Administrative Reports A.Status of Dust Free Surface regulation criteria B.Update of La Porte Code of Ordinances Chapter 106 (Zoning) Review 9.Commission Commentson matters appearing on agendaor inquiry of staff regardingspecific factual information orexisting policy 10.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 June20, 2013, agenda of items to be considered by the Planning and Zoning Commission was posted on the City Hall bulletin board on the ____ day of __________,2013. 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. Minutes of the Meeting Planning and Zoning Commission Minutes of April 18, 2013 Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Les Bird, Danny Earp, Lou Ann Martin, Mark Follis, and Hal Lawler Commissioners Absent: Doretta Finch City Staff Present: Assistant City Manager Traci Leach, Planning Director Tim Tietjens, City Engineer Julian Garza, City Planner Masood Malik, Assistant City Attorney Clark Askins, and Shannon Green Call to order. 1. Meeting called to order by Chairman Hal Lawler at 6:02 p.m. Roll Call of Members. 2. Commissioners Warren, Lacour, Bird, Earp, Martin, Follis, and Lawler were present for roll call. Commissioner Hoot was present at 6:06 p.m. Consider approval of March 21, 2013, meeting minutes. 3. Motion by Commissioner Earp to approve the March 21, 2013, meeting minutes. Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, Martin, and Hal Lawler Nays: None Abstain: Commissioner Follis Discussion or other action regarding recommended options for ame 4. regulations. City Planner Masood Malik presented the staff report. Upon receiving the Planning and Zoning Commissions recommendation to approve amendments to dust-free surface regulations, City Council conducted a public hearing on April 8, 2013. Upon conclusion of action to remand the item to the Commission for further review on exemptions for pre-existing and non-conforming parking lots. In speaking with several Council Members, Commissioner Hoot belito Council if the Commission were to postpone further review on the subject until the overall Zoning Ordinance is reviewed. Commissioner Follis spoke about the main issue being the need to define what asphalt is. Planning Director Tim Tietjens asked for input on how the Commission wanted to proceed with Councils request. The Commission agreed to postpone further review until members have had an Planning and Zoning Commission Minutes of April 18, 2013 Page 2 of 3 opportunity for discussions with their respective Council Members. The Commission, by consensus, directed staff to allow chip seal as an acceptable paving surface, until such time it can be further reviewed with the update of the Zoning Ordinance. Motion by Commissioner Martin to table action on recommending options for dust free surface regulations until the next regular meeting. Second by Commissio Ayes: Commissioners Follis, Warren, LaCour, Hoot, Bird, Earp, Martin, and Hal Lawler Nays: None Receive an update on the Planning and Zoning Commission Subcommi 5. Zoning of the Citys Code of Ordinances. Mr. Malik provided an update on the subcommittees progress in r Commissioner Follis, Subcommittee Chairman, suggested allowing a few local business owners to attend subcommittee meetings to share their expertise on the subject matter at hand. There was discussion on a possible perception the subcommittee would be soliciting input from a few local professionals without other local professionals being afforded tme opportunity to offer input. The Commission generally agreed it would be okay for the subcommittee to do so when needed. Administrative Reports 6. Mr. Tietjens reported that with the retirement of Chief Building Off has been appointed Interim Building Official . Commission Comments on matters appearing on agenda or inquiry of staff rega 7. information or existing policy. Commissioner Warren offered thanks and support to the subcommittee for their work. o Commissioner LaCour thanked the subcommittee for their time and effort. o Commissioner Hoot congratulated Mr. Garza on his interim appointment. o Commissioner Martin thanked the subcommittee for their work. To o from $195,000-$250,000 have been sold in the Lakes at Fairmont Greens Subdivision and there may be a possible buyer for the Retreat at Bay Forest. Commissioner Follis stated he was impressed with the D.R. Horton homes in the o Fairmont Greens Subdivision. Chairman Lawler thanked staff and the subcommittee for their wor o Adjourn 8. Motion by Commissioner Warren to adjourn. Second by Commissione Ayes: Commissioners Follis, Warren, LaCour, Hoot, Bird, Earp, Martin, and Hal Lawler Nays: None Chairman Lawler adjourned the meeting at 7:38 p.m. Planning and Zoning Commission Minutes of April 18, 2013 Page 3 of 3 Respectfully submitted, Peggy Lee Secretary, Planning and Zoning Commission Passed and Approved on __________________ ______, 2013. Hal Lawler Chairman, Planning and Zoning Commission Zone Change Request #12-92000001 Exhibits A.Staff Report B.Area Map C.Survey Map D.Site Layout/Elevation E.Ordinance F.Mailout Response StaffReport June20, 2013 Zone Change Request #12-92000001 Requested by :Joseph Farella,Managing Member, On behalf of Monroe Properties, USA,the property owner Requested for :Rezoning of the property for proposed construction of eight one bedroom apartment units Legal Description: West 115’ of Lots 17-24, Block 1437, Town of La Porte,Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Location :South Broadway@ West P Street (unimproved ROW) nearthe Little Cedar Bayou Present Zoning: Low-Density Residential(R-1) Requested Zoning: High Density Residential (R-3) Land Use Plan: Parks and Open Spaces Background :The property in question is a0.5280-acre tract of undeveloped land, being west115 ft. of lots 17-24 of block 1437located near the Little Cedar Bayou along South Broadway. The subjecttract is heavily wooded and adjoinsthe Little Cedar BayouPark. Development proposal is about eight 1-bedroom apartments just south of the City’s Little Cedar Bayou park and trail,close to the south end of the recently constructed bridge. The property is strategically located in the near vicinity of the golf course, park and trail, and the Little Cedar Bayou Park, all parks and recreationdevelopments. As noted above, the applicant is requesting approval of a zone change from R-1 Low Density Residential to R-3 High Density Residential for the eastern two third of the subject site. The overall property is approximately 1.07 acres in area and currently vacant. The property to the west side of the subject site is zoned R-1. To the north of the site, the zoning is R-1 along the Bayou and R-3 High Density Residential across the street along South Broadway. For additional details of the requested zonechange and site characteristics, please refer to the applicant’s provided sketches/elevations, and other supporting application materials as well as the following staff’s analysis and other attachments. #12-92000001 P&Z 6/20/13 Page 2of 3 Analysis :In considering this request, Staff has reviewedthe Development Ordinance as well as elements ofthe Comprehensive Plan, including: Land Use, Thoroughfare Plan, Infrastructure, and Development Strategy. Land Use –The Land Use Plan indicates this area is envisioned as developing for parks and open space. It is located adjacent to the Little Cedar Bayou and close to the south end of the bridge along South Broadway.The property to the north of the subject site is natural resources featured with the Little Cedar Bayou, park and natural trail. The tract in question is within the vicinity of the City’s Bay Forest Golf Course and Little Cedar Bayou Park. Conformance of a zoning request with the Land Use plan is one among several criteria to be considered in approvalor denial ofan application. Other criteria may include: Character of the surrounding and adjacent areas; Existing use of nearby properties, and extent to which a land use classification would be in harmony 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 harm the value of adjacent land use classifications; Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation –The property is located approximately 850’ south of Fairmont Parkway along South Broadway (Old Highway 146). South Broadway with 100’ROW,provides more than adequate accessibility for circulation of traffic for residents and visitors to the golf course. The subject property is in the close proximity to the newly constructed bridge over Little Cedar Bayou.Therewill bea potential traffic conflict for in and outbound vehicles to this development, if approved. In addition, TxDOT will not allow a driveway close to the bridge. In anticipation of not allowing a driveway along South Broadway, a revised layout plan shows an access along West ‘P’ Street (80’ wide unimproved right-of-way). The roadway will be constructed per City’s standard specs., #12-92000001 P&Z 6/20/13 Page 3of 3 concrete, curb, and gutters and will need to be extended to and through of the subject property. Utilities –Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. Provisions will have to be made to ensure that all on-site infrastructure or improvements canaccommodate the water and sanitary sewer needs of this development. Drainage -The storm water drainage issue will be reviewed with the site development plans.The property lies in Flood Zone “AE” with base flood elevation 13’. Re-development/Compatibility –Staff finds land use designation of Parks and Open Spaces and close proximity to the Little Cedar Bayou, park, hike and bike trailto the subject property that could be construed to present conflict with the applicant’s request for rezoning. A rezone of this tract will compromise the compatibility and will be critical for maintainingparks and open space, nature trail features of the surrounding properties. Redevelopment of the subject tract will cause removal of trees from heavily wooded area, which prompts toaddress tree protection both natural features preservationand protection of the adjacent natural area. Multi-Family (Density) -City’s Code of Ordinances allow 14 units per acre (Section 106-333, Table B, residential area requirements). Proposed eight 1- bedroom apartments on 0.52 acre tract do not comply with minimum site area per unit requirements. The applicant has to apply for a variance request for implementation of the layout plan. Conclusion/ Recommendations :Based on the above analysis, staff finds the requested change does not conform to the present zoning and uses of nearby properties. The tract in question is not suitable for the requested change to R-3. Development within the subject tract will impact the surrounding properties and may harm the value of nearby properties. Additionally, it will have a significant impact on traffic conditions, natural vegetation, and compromise natural park features. Staff recommends denial of the zone change request. Actions available to the Commission are listed below: Recommend to Council approval of this rezoning request from R-1 to R-3. Recommend to Council denial of this rezoning request from R-1to R-3. Table this item for further consideration by the Commission. AREA MAP BLOCK 1437, LOTS 17-24, LP 1 inch = 200 feet LOCATION OF R-3 PROPERTY R-1 PUD R-1 ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL(R-1) TO HIGHDENSITY RESIDENTIAL (R-3)FOR A0.5280ACRE TRACTOF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACTRELATED TOTHE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; ANDPROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 :Chapter 106 “Zoning” of the Code of Ordinances ishereby amended by changing the zoning classification of the following described property, to wit: 0.5280acre of land being Lots 17 through 24, Block 1437, Town of La Porte,Johnson HunterSurvey, Abstract 35, La Porte, Harris County, Texas,from Low Density Residential(R-1) to HighDensity Residential(R-3). Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3 .Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall inno way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov’t Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200’) of the properties under consideration. Section 6 .The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied andhereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte’s Comprehensive Plan. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the______ day of _________________, 2013. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney 2 Fairmont Parkway Properties (Change of Zoning Classification) Workshop Exhibits: A.Staff Report B.Request Letter C.Area Map Staff ReportWorkshop20, 2013 June Change of Zoning Classification (from BI to LI) Background: Mr. A J Smith III, a resident and an entrepreneur of La Porte, owns a 3 ½ acre tract at the northwest corner of Fairmont Parkway and Bay Area Boulevard. The property is within the City limits and currently zoned Business Industrial (BI). The property is subject to the Restrictive Covenants filed under Clerk’s File No.G-816532 of the Real Property Records of Harris County, Texas. In addition, the property is also subject to the Environmental Standards filed of record and referenced in the deed, which are applicable to lands within the Bayport Industrial District. Over the years, he has approached the City of La Porte and the Association of Bayport Companies, Inc. (ABC),predecessorto the Friendswood Development Company,in an attempt to develop the subject property. Earlier, the City received a proposed site plan for the Bayport Chevron and fast food restaurant to be located at the intersection ofFairmont Parkway and Bay Area Boulevard. But, the development was denied by the Association. The association will not allow any retail or commercial development at this intersection due to reasons thatzoning classification is not appropriate application of industrial use for lands in the Bayport Industrial Area and subject to the restrictive covenants & environmental standardsfor the subject site. Association’s stance is that Bayport Industrial Area was primarily developed with chemical and manufacturing plants and refineries, and is not prudently best suited for uses that increase the population or attract the public. Their terminology for “industrial use only” means heavy industrial but not all of uses listed in the City’s industrial use table and shown to be permitted as Heavy Industrial (HI) would qualify as an appropriate use in the Bayport Industrial Area. Staff and the owner held meetings with the president of the association on different occasion. Based on the discussions, the association has agreed to allow for Light Industrial use rather than heavy industrial if rezoned by the City. Analysis: Staff’s researchshows several individual tracts and owners of this long strip along Fairmont Parkway (between Bay Area Blvd. & pipeline easement east of Quality Inn). Single rezone of the subject tract will constitute a spot zoning, which is prohibited by the State Law. In order to rezone the whole strip, we need to contact all property owners and get their consent for rezoning from Business Industrial to Light Industrial. Planning & Zoning Commission June 20, 2013 Page 2of 2 Proposed changeto Light Industrial (LI) will open avenues for potential trucking terminal sites along Fairmont Parkway and future buildings will not be subject to the City’s Building Design Standards of 100% masonry/glass products. Action by the Commission: 1.Discuss the Issue 2.The Commission may elect to: Direct staff to developrecommendations based on inputduring the workshop Arrange a public hearing for the nextmeeting Make a Recommendation to City Councilat the conclusion of a public hearing AREA MAP FAIRMONT PKWY. PROPERTIES 1 inch = 667 feet LOCATION OF PROPERTIES FAIRMONT PKWY Additional Truck Routes th (West F Street & S. 14Street) Workshop Exhibits A.Staff Report B.Applicant’s Request C. Official Truck Rotes Map Staff Report20, 2013 June Truck Routes Workshop Background : th After request by an industrial property owner near 16Street, the City Managerdirected staff to conduct a review of the existing truck routes and Official Truck Routes Map of the City foradditional truck routes. In January of 2009, staff worked with the Planning and Zoning Commission and amended the ordinances governing the trucking facilities, terminals/yards, and specifically truck routes within the City limits of La Porte. Analysis: Truck routes are defined as those routes which are designated for the use of truck traffic. Thetruck route map was first adopted per Ordinance No. 1364 dated May 04, 1983. Subsequent revisions were made to add new truck routes and hazardous cargo routes in April 1997. Latest revision to the truck route map was made in February 2010. The streets and thoroughfares designated as truck routes within the City limits are listed in Sections 70- 231 and 70-235 of the Code ofOrdinances. Since the recent developments in the La Porte area particularly business/industrial parks, e.g. Port Crossing, Underwood Business Park, and influence of the Bayport Expansion & possible Cruise Terminal, trucking activities are projected to increase. A list of recently designated truck routes is as follow: th 1.Export Drive –from South 16Street to State Highway 146 th 2.South 16Street –from south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. 3.NorthBroadway –fromnorth of Barbour’s Cut Blvd.to North ‘L’ Street. th 4.North ‘L’ Street –from west of North Broadway to North 8Street. th 5.North 8Street–from North ‘L’ Street to North ‘J’ Street connecting with State Highway 146. th 6.North 8Street -fromBarbour’s Cut Boulevard to North ‘H’ Street with future extension to North ‘J’ Street. th 7.North ‘E’ Street –from North 16Street to UPRR right-of-way line. th 8.North 8Street –Barbour’s Cut Boulevard to a point 300 feet north of the north right-of-way line of Barbour’s Cut Boulevard. Origin/Destination Clause In cases where any truck traffic, originating within the City limits, shall have as its point of origin a point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. If such truck traffic shall originate outside the limits of the City and enter the City at a point which is not on a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. Trucks are already using these roads in similar fashion. However, truck terminals are permitted whenabutting designated truck routes. th Possible addition of truck routes couldbe sidestreets along South 16Street betweenFairmont Parkwayand Spencer Highway (West Main Street). This area is mixed use development i.e. PPG, Highway Transport Inc. Terminal, Core Trucking Terminal, STS Industrial employment andCat-Spec.training centers, single-family residential, church, and other commercial uses. In addition, it is adjacent to amajor commercial corridor such as Kroger shopping center along Fairmont Parkway. Fairmont Parkway Improvementsbetween State Highway 146 and UPRRand signalization havealreadybeen completed. Intent of this project wasto improve flow of truck traffic and provide much needed relief to motorists entering shopping centers at this major intersection. th South 16Street with 60’wide right-of-way is a Harris County maintained roadway and a designated truck route (see truck route map). Streets under consideration are local with 60’ right-of-way and maynot handleheavy loads.If approved, these streets would be improved to the City’s standard specifications as mentioned in the PICM. At the Commission’sreview the above analysisand provide staff with further directions. Commission may elect to direct staff to develop recommendation in this regard. Action by the Commission 1.Discuss the issues 2.The Commission may elect to: Direct Staff to develop a recommendation Arrange a public hearing by next meeting Make a Recommendation to City Councilat conclusion of a public hearing. 641HS TSHT61N TSHT61S DRDOOWREDNU