HomeMy WebLinkAbout09-19-19 Regular Meeting of the Planning and Zoning Commission
PLANNING AND ZONING COMMISSION MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte Planning and Zoning Commission to
be held on Thursday, September 19, 2019 at 6:00 p.m. at City Hall Council Chambers, 604 W.
Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed
below:
CALL TO ORDER
ROLL CALL OF MEMBERS
CONSIDER APPROVAL OF THE MEETING MINUTES:
August 15, 2019, Meeting
PUBLIC HEARING: Open Public Hearing to receive input on an application for Zone Change
#19-92000005, a request by Francisco and Ileana Saucedo, applicant and owner; for approval
of a zone change from General Commercial (GC) to Low Density Residential (R-1), on a 0.29
st
acre tract of land located at the northeast corner of N 1 St. and W Tyler St., and legally
described as Lots 13-16, Block 85, Town of La Porte.
Staff Presentation
Applicant Presentation
Public Comments (for, against, or question)
Question and Answer
ADJOURN PUBLIC HEARING
CONSIDERATION: Consider recommendation to City Council on Zone Change #19-9200000
FUTURE LAND USE MAP AMENDMENT: Consider a recommendation to City Council on a
proposed amendment to the Future Land Use Map component of the La Porte
Comprehensive Plan by amending the land use designation for a 0.29 acre tract of land
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located at the northeast corner of N 1 St. and W Tyler St., and legally described as Lots
13-16, Block 85, Town of La PorteLow Density Residential
DISCUSSION:
ADMINISTRATIVE REPORTS:
Update on City Council Actions
COMMISSION COMMENTS on matters appearing on the agenda or inquiry of staffregarding
specific factual information or existing policy.
11.ADJOURN
A quorum of City Council members may be present and participate in discussions during this
meeting; however, no action will be taken by the 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 Lee Woodward, City
Secretary, at 281-470-5019.
CERTIFICATION
I certify that a copy of the Thursday, September 19, 2019, agenda of items to be considered by
the Planning and Zoning Commission was posted on the City Hall bulletin board on the ____ day
of ____________________, 2019.
Title:
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Planning and Zoning Commission
Minutes of August 15, 2019
Commissioners Present: Chairman Hal Lawler, Nick Barrera, Karen Wheeler-Hall, Christina
Tschappat, Mark Follis, Lo Ann Martin, Richard Warren, Jo Ann
Pitzer
Commissioners Absent: Commissioner Trey Kendrick
City Staff Present: Assistant City Attorney Clark Askins, Planning and Development
Director Teresa Evans, City Planner Ian Clowes, Planning Technician
Chase Stewart, City Engineer Lorenzo Wingate
1.CALL TO ORDER:
Chairman Lawler called the meeting to order at 5:59 p.m.
2.ROLL CALL OF MEMBERS:
Commissioner Trey Kendrick was absent for the meeting.
3.Consider Approval of Meeting Minutes:
a)June 20, 2019 Minutes
Motion by Commissioner Barrera to approve the proposed meeting minutes
Second by Commissioner Warren Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, Pitzer and
Chairman Lawler
Nays: None Motion to approve passes, 8-0
4.Public Hearing (6:00 pm): Open public hearing to receive input on an application for Zone
Change #19-92000003, a request by Jason W. Bailey, applicant; on behalf of Bayshore
Baptist Church, owner; for approval of a zone change from Low Density Residential (R-1)
and High Density Residential (R-3) to General Commercial (GC), on a 10 acre tract of land
located at 11311 Spencer Hwy., and legally described as a portion of Tracts 71, 71A-1, &
71A-4, La Porte Outlots.
a)Staff Presentation: Ian Clowes, City Planner, presents the zone change request to
the Planning and Zoning Commission. It is disclosed that staff determined that the
request would not be considered spot zoning.
b)Applicant Presentation: Jason Bailey 11022 Rosewood Court, La Porte TX Jason
Bailey informed the Planning and Zoning Commission what the proposed
development would encompass. Utilized primarily as an office with a minor
section of storage of tools/electrical materials.
c) Public Comments:
For:
Nicole Halbert - 341 Josh Way: Voiced support
Rick Helton 345 Josh Way: Voiced support
Ben Rosenberger (Bayshore Baptist Church Pastor): Voiced Support
Bill McDonald - 10323 Shell Rock Rd: Voiced Support
Against:
Edward Stewart 1106 Glenbay Court: Voiced opposition
Taylor Savington 349 Josh Way: Voiced opposition
Shane Patterson Buildin
opposition
Jennifer Hammock 205 Cullen Court: Voiced opposition
d) Question and Answer: Commissioner Follis questioned whether the proposed
use, be permitted in the General
Commercial (GC) zoning district. Commissioner Pitzer asked about residential
density for the 10 acre property with respect to other development requirements.
Motion by Commissioner Barrera to deny the proposed zone change #19-92000003
Second by Commissioner Warren Motion to deny carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and Pitzer
Nays: Chairman Lawler Motion to deny passes, 7-1
5. Future Land Use Map Amendment (7:03 pm): Consider a recommendation to City Council
on a proposed amendment to the Future Land Use Map component of the La Porte
Comprehensive Plan by amending the land use designation for a 10 acre tract of land
located at 11311 Spencer Hwy., and legally described as a portion of Tracts 71, 71A-1, &
71A-.
a) Staff Presentation: N/A
b) Applicant Presentation: N/A
c) Public Comments: N/A
d) Question and Answer: N/A
Motion by Commissioner Follis to deny the proposed Future Land Use Map amendment.
Second by Commissioner Barrera Motion to deny carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, and Pitzer
Nays: Chairman Lawler Motion to deny passes, 7-1
6. Public Hearing (7:04 pm): Open public hearing to receive input on an application for Zone
Change #19-92000004, a request by Doak Brown of Brownstone Ventures, LLC, applicant;
on behalf of Jack Howard, Floyd Howard, and Larry Allen, owner; for approval of a zone
change from General Commercial (GC) to Planned Unit Development (PUD), on a 12.608
acre tract of land located at the northwest corner of Fairmont Pkwy., and Canada Rd., and
legally described as Tracts 710A and 711, La Porte Outlots.
a) Staff Presentation: Ian Clowes, City Planner, presents the zone change request to
allow for a multi-family development to be built on the site. Staff has determined
that the request is not considered spot zoning.
b) Applicant Presentation: Doak Brown 6212 Berkline, Houston TX: Presented the
c) Public Comments:
For:
Nolan Allen - 110370 N L St: Voiced support
Against:
Edward Stewart - 1106 Glenbay Court: Voiced opposition
Kyle Wilbrook - 3102 Ashton Ln: Voiced opposition
Neutral:
th
Thomas Garza 623 S 6 St
d) Question and Answer: Commissioner Follis voiced support for the apartment
development on the site.
Motion by Commissioner Warren to approve the proposed Zone Change #19-92000004
Second by Commissioner Martin Motion to approve carried
Ayes: Commissioners Barrera, Wheeler-Hall, Tschappat, Follis, Martin, Warren, Pitzer and
Chairman Lawler
Nays: None Motion to approve passes, 8-0
7. Future Land Use Map Amendment (7:52 pm): Consider a recommendation to City Council
on a proposed amendment to Future Land Use Map component of the La Porte
Comprehensive Plan by amending the land use designation for a 12.608 acre tract of land
located at the northwest corner of Fairmont Pkwy., and Canada Rd., and legally described
as Tracts 710-High Density
.
a) Staff Presentation: N/A
b) Applicant Presentation: N/A
c) Public Comments: N/A
d) Question and Answer: N/A
Motion by Commissioner Warren to approve the proposed Future Land Use Map
amendment
Second by Commissioner Barrera Motion to approve carried
Ayes: Commissioners Tschappat, Follis, Martin, Barrera, Wheeler-Hall, Warren, Pitzer,
and Chairman Lawler
Nays: None
Motion to approve passes, 8-0
8. Public Hearing (7:54 pm): Open public hearing to receive input on an application for
Special Conditional Use Permit (SCUP) #19-91000006, a request by Doak Brown of
Brownstone Ventures, LLC, applicant; on behalf of Jack Howard, Floyd Howard, and Larry
Allen, owners; to allow for a multi-family development to locate on a 12.608 acre tract of
land located at the northwest corner of Fairmont Pkwy., and Canada Rd., and legally
described as Tracts 710A and 711, La Porte Outlots.
a) Staff Presentation: Ian Clowes, City Planner, presents the Special
Conditional Use for the multi-family development to the commission.
b) Applicant Presentation: Doak Brown 6212 Berkline, Houston TX:
c) Public Comments: N/A
d) Question and Answer: Commissioner Follis confirms the reasoning behind
seeking a PUD zoning with a SCUP attachment is because of unique
characteristics of the development that would not meet code otherwise
(density, proximity to existing multi-family, etc.)
Motion by Commissioner Warren to approve the proposed SCUP #19-91000006
Second by Commissioner Follis Motion to approve carried
Ayes: Commissioners Tschappat, Follis, Martin, Barrera, Wheeler-Hall, Warren, Pitzer,
and Chairman Lawler
Nays: None
Motion to approve passes, 8-0
9. Consideration (8:18 pm): Consider recommendation to City Council on changes to
of previously denied applications for property zoning classification amendments.
a) Staff Presentation: Ian Clowes, City Planner, asks the Commission for their
input regarding alterations to Chapter 106. The proposed changes were
received positively from the Commission.
Motion
iously denied applications for property zoning classification
amendments.
Second by Commissioner Warren Motion to approve carried
Ayes: Commissioners Tschappat, Follis, Martin, Barrera, Wheeler-Hall, Warren, Pitzer,
and Chairman Lawler
Nays: None
Motion to approve passes, 8-0
10. Discussion (8:19 pm):
a)
Commissioners Tschappat and Pitzer are considered as new members of
the Chapter 106 subcommittee. Commissioner Kendrick is removed from
the subcommittee.
Motion by Commissioner Wheeler-Hall to approve the appointment of Commissioners
Tschappat and Pitzer to the Chapter 106 Subcommittee
Second by Commissioner Martin Motion to approve carried
Ayes: Commissioners Tschappat, Follis, Martin, Barrera, Wheeler-Hall, Warren, Pitzer,
and Chairman Lawler
Nays: None
Motion to approve passes, 8-0
Administrative Reports (8:19 pm): N/A
Commission Comments (8:20 pm): Commissioner Martin shares the progress of
Adjourn (8:30 pm):
Motion by Commissioner Warren to adjourn the meeting
Second by Commissioner Martin Motion to adjourn carried
Ayes: Commissioners Tschappat, Follis, Martin, Barrera, Wheeler-Hall, Warren, Pitzer,
and Chairman Lawler
Nays: None
Motion to adjourn passes, 8-0
Respectfully submitted,
Chase Stewart
Planning Technician
Passed and Approved on , 2019.
Hal Lawler
Chairman, Planning and Zoning Commission
Trey Kendrick
Secretary, Planning and Zoning Commission
Zone Change Request #19-92000005
A request by Francisco and Ileana Saucedo, applicant and owner; for
approval of a zone change from General Commercial (GC) to Low
Density Residential (R-1), on a 0.29 acre tract of land located at the
st
northeast corner of N 1 St. and Tyler St., and legally described as
Lots 13-16, Block 85, Town of La Porte.
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Planning and Zoning Commission Regular Meeting
September 19, 2019
Zone Change #19-92000005
Planning and Development Department
Staff Report
ISSUE
Should the Planning and Zoning Commission recommend approval of a change in zoning
from General Commercial (GC) to the Low Density Residential (R-1) zoning district; on
approximately 0.29 acre tract of land, legally described as Lots 13-16, Block 85, Town of
La Porte?
DISCUSSION
Location:
st
The subject site is located at the northeast corner of N 1 St. and W Tyler St.
Background Information:
The property is currently undeveloped. The applicant would like to change the zoning of
the property to R-1 to allow for the construction of a single family home on the site. A
similar zone change for the property immediately to the north was approved by the City
Council on June 25, 2018.
The attached Exhibit B shows the zoning of the subject property and surrounding
properties. The following table summarizes the surrounding zoning and land uses:
Zoning Land Use
bƚƩƷŷ R-1, Low Density ResidentialSingle Family Home
{ƚǒƷŷ GC, General Commercial Undeveloped
ĻƭƷ R-1, Low Density ResidentialSingle Family Home
9ğƭƷ GC, General Commercial Commercial Building/Undeveloped
The site is currently identified as General Commercial in the Future Land Use Map. As a
amended to identify this site as Density Residential.
Notification Requirements:
Staff finds that the public hearing notification requirements outlined in Section 106-171
were performed in accordance with code provisions, including the following: notice in a
newspaper of general circulation at least 15 days prior to the hearing; written notice
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Planning and Zoning Commission Regular Meeting
September 19, 2019
Zone Change #19-92000005
mailed to owners of real property within 200 feet of the site within 10 days of the
hearing and in this case notice was sent to all property owners and residents within the
rezoning area; signs were posted in the area of the rezoning within 15 days of the
hearing. In accordance with state law, notice of the public hearing was also posted at
Analysis:
There are a number of different considerations staff evaluated during the review of this
of those considerations:
1. Land Use. Staff finds that low density residential is an ideal fit for the existing
site. The current size and configuration would not lend itself to new commercial
projects.
st
2. Access. There is sufficient existing right-of-way access from N. 1 St. and Tyler St.
st
3. Utilities. Water and sewer services are available along N. 1 St. and the alley
adjacent to the property on the east.
considered prior to making land use decisions. The following table breaks down each
Criterion: Staff Findings:
Ability of infrastructure to support the Existing infrastructure in the area is sufficient to support the
permitted use. proposed use.
Impact on the value and practicality of Proposed development would be consistent with other
the surrounding land uses. properties in the immediate area.
Conformance of a zoning request with The proposed zone change will be in conformance with the
the land use plan. future land use plan once amended to reflect the change to
low density residential.
Character of the surrounding and The proposed zone change would be consistent with recent
st
adjacent areas. development patterns along N. 1 St.
Suitability of the property for the uses The proposed use will be consistent with other low density
which would be permissible, single family in the area.
considering density, access and
circulation, and adequacy of public
facilities and services.
The extent to which the proposed use The proposed zone change will have minimal impact on the
designation would adversely affect the traffic in the vicinity. The R-1 zone should in the end, decrease
capacity or safety of that portion of the traffic when compared to commercial projects permitted in
road. the GC zone.
The extent to which the proposed use The proposed zone change will not create excessive air
designation would create excessive air pollution or other negative environmental issues.
pollution, water pollution, noise
pollution, or other environmental harm
to adjacent properties.
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Planning and Zoning Commission Regular Meeting
September 19, 2019
Zone Change #19-92000005
The gain, if any, to the public health, The proposed zone change will allow a vacant parcel to
safety, and welfare of the City. develop in a manner consistent with other properties in the
area.
RECOMENDATION
Based on the above analysis, staff recommends the Planning and Zoning Commission
consider the proposed zone change from General Commercial (GC) to Low Density
Residential (R-1)
ATTACHMENTS
Exhibit A: Aerial Map
Exhibit B: Zoning Map
Exhibit C: Future Land Use (FLUP) Map
Exhibit D: Application
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City of La Porte, Texas
Planning and Zoning Commission
September 19, 2019
AGENDA ITEM 7
Future Land Use Map Amendment #19-92000005
A request for a proposed amendment to the Future Land Use Map component
of the La Porte Comprehensive Plan by amending the land use designation for a
st
0.29 acre tract of land located at the northeast corner of N 1 St. and Tyler
St., and legally described as Lots 13-16, Block 85, Town of La Porte, from
.
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Planning and Zoning Commission Regular Meeting
September 19, 2019
Future Land Use Plan Amendment
Planning and Development Department
Staff Report
ISSUE
Consider a recommendation of approval to the City Council for an amendment to the
Plan as demonstrated in the attached Exhibits A and B.
DISCUSSION
Staff is presenting for consideration in
conjunction with a zone change request on a 0.29 acre tract of land from GC to R-1. The
st
site is currently undeveloped and is located at the northeast corner of N 1 St. and Tyler
St.
Commercial
In order to accommodate the proposed development, the FLUP would need to be
amended Low Density Residential. The FLUP may be amended from
time to time if approved by the City Council, upon recommendation by the Planning and
Zoning Commission. The attached Exhibit A demonstrates the existing land use while
Exhibit B shows the proposed future land use plan.
Section 213.003 of the Texas Local Government Code (LGC) specifies requirements for
Plan, which was adopted as a component of the
Comprehensive Plan. The LGC requires review of the proposed amendment by the
Planning and Zoning Commission and consideration by the City Council. A public hearing
will be scheduled at the time of City Council review.
The Future Land Use Plan identifies the following surrounding land uses (see the
attached Exhibit A):
Land Use Development
bƚƩƷŷ Low Density Residential Single Family Home
{ƚǒƷŷ Commercial Undeveloped
ĻƭƷ Low Density Residential Single Family Homes
9ğƭƷ Commercial Office/Warehouse/Undeveloped
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Planning and Zoning Commission Regular Meeting
September 19. 2019
Future Land Use Plan Amendment
RECOMMENDATION
Should the Planning and Zoning Commission desire to recommend approval for zone
change #19-92000005, Future Land Use Plan should be amended as
described in this item.
ATTACHMENTS
Exhibit A: Current Future Land Use Plan
Exhibit B: Proposed Future Land Use Plan
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CC Action APPROVE 6-3APPROVE 6-3APPROVE 6-3WithdrawnWithdrawn
CC Meeting 08.26.1908.26.1908.26.1909.23.1909.23.1909.23.19N/AN/A
P&Z Action APPROVE 4-3APPROVE 4-3APPROVE 4-3APPROVE 8-0APPROVE 8-0APPROVE 8-0DENY 7-1DENY 7-1
P&Z Meeting 06.20.1906.20.1906.20.1908.15.1908.15.1908.15.1908.15.1908.15.19
Location S.16th & MS.16th & MS.16th & MCanada/FairmontCanada/FairmontCanada/Fairmont11311 Spencer11311 Spencer
Request Com-LIGC-PUDWarehouseCOM-MHDRGC-PUDMulti-familyR3-GCMHDR - COM
Application #FLUP 19-92000002ZC 19-92000002SCUP 19-91000002FLUP 19-92000004ZC 19-92000004SCUP 19-91000006ZC 19-92000003FLUP 19-92000003