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.
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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.
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Commissioner LaCour thanked the subcommittee for their time and effort.
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Commissioner Hoot congratulated Mr. Garza on his interim appointment.
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Commissioner Martin thanked the subcommittee for their work. To
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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
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Fairmont Greens Subdivision.
Chairman Lawler thanked staff and the subcommittee for their wor
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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
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(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
:
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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:
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1.Export Drive –from South 16Street to State Highway 146
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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.
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4.North ‘L’ Street –from west of North Broadway to North 8Street.
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5.North 8Street–from North ‘L’ Street to North ‘J’ Street connecting with State
Highway 146.
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6.North 8Street -fromBarbour’s Cut Boulevard to North ‘H’ Street with future
extension to North ‘J’ Street.
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7.North ‘E’ Street –from North 16Street to UPRR right-of-way line.
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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.
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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.
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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.
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