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HomeMy WebLinkAbout03-29-1978 Called Meeting • MINUTES - CALLED MEETING OF THE PLANNING & ZONING COMMISSION LA PORTE, TEXAS - MARCH 29, 1978 7:00 P.M. MEMBERS OF THE PLANNING & ZONING COMMISSION PRESENT: Charles Christensen, Chairman; W. R. Shedelbower, J. C. Hebert. MEMBERS ABSENT: Eugene Ybarra, Joe Ligi. OTHERS PRESENT: See list attached. PRESIDING: Charles Christensen, Chairman. • + + + 1. CALL TO ORDER - Meeting was called to order at 7:15 P.M. + + + 2. APPROVAL OF MINUTES - See attachment for changes in the minutes for the meeting on March 1, 1978. J. C. Hebert made the motion to approve the minutes of the last meeting with the changes on the attached copy. Seconded by Russ Shedelbower. Motion passed. + + + 3. CONSIDER REQUEST OF WALTER R. SPRINGALL TO REZONE LOTS 13 AND 14, BLOCK 1373, LA PORTE, FROM RESIDENTIAL TO "C" APARTMENT AND COMMERCIAL - No action was taken on the Walter R. Springall request. • + + + • • • Called Meeting 3/29/78 Page 2 4. CONSIDER REQUEST OF THE MONTROSE COMPANY TO REZONING 23.046 ACRES IN LOT 10, BLOCK 2, OF W. J. PAYNE SUBDIVISION OF THE W. M. JONES LEAGUE, ABSTRACT 482, FROM RESIDENTIAL TO "C" APARTMENT AND COMMERCIAL - Mr. Eugene Pitman and R. L. Cowling spoke to the Commission in regard to rezoning 23.046 acres in Lot 10, Block 2, of W. J. Payne Subdivision of the W. M. Jones League, Abstract 482. Mr. Hayes Hamilton was not present to tell what the property would be used for. No action was taken, the request will be resubmitted to the Commission. Rezoning the property was discussed at length to let everyone know how the Commission felt about this issue. Mr. and Mrs. Hamilton came to the meeting a little late. They went to the City Council Workshop, not knowing the Planning & Zoning meeting was upstairs. They told us what the land would be used for specifically and requested the 4.110 acres fronting on Spencer Highway be rezoned Commercial. See the attached diagram of the property. J. C. Hebert made the motion to rezone 4.110 acres in Lot 10, Block 2, of W. J. Payne Subdivision of the W. M. Jones League, Abstract 482, from Residential to Commercial for nursery use • only. Seconded by W. R. Shedelbower. Motion passed. + + + 5. REVIEW AND CONSIDER REVISING THE PROPOSED PORTABLE BUILDING ORDINANCE - No action was taken on revising the portable building ordinance. Mr. Steckman was not present for any discussion. + + + 6. ADJOURNMENT - The meeting adjourned at 9:15 P.M. Secretary, Planning & Zoning Commission • • Called Meeting 3/29/78 GUESTS PRESENT AT MEETING - Juanita Meador Eugene J. Pitman R. L. Cowling Richard L. Cowling, Jr. W. O. D. Meador Mr. and Mrs. Hayes Hamilton • Page 3 • ~ ~ • • January 30, 1978 La Porte Zoning Commission City of La Porte . La Porte, Tx 77571 Gentlemen: I own lots 13 and 14 Block 1373 in the La Porte. They are located in a predominately commercial area facing Spur 501 but are zoned R 1. I am negotiating with a proposed tenant to build a small office ar9d storage area on this property to be leased to him as a base for his business. However our negotiations are at a standstill due to the zoning of the property. Therefore, I respectfully request that the zoning classification of • these lots be changed to commercial so that we may continue our planning. _ Sincerely, ~,~~ .~~~ ~~~ ~ ~~~ G ,~~. ~ `~ Walter R. Springall ; 2715 Crescent Dr. La Porte, Texas ~-.~~ y ~ ~ ~ s~ ~ ~ ~ v ~ ,o (~®sd'a' i y .~ 4 ~J I ~ ~~ ~ a ~ ~ 0 i ~- an m ~'~ d N ~ ;3~ p `~ c n ~. ~- . ~ -~- sO y~ s ~~ ©cn _~ v I m o /WOOLY AM7CT. a ~ .. ~. u lBArOI/ ON A sN o RfE~V LfA O< 3?~63 000 aES."B" I N /~ I.O 4 ` PV l 11 0 • r N ' .~ . ~ I y ~- I I ~ N / . I ° I N ~ N na ~' s ao~ °~t a n ~:" ~o O O,N M ~ Q A p, ` y V n ~ _; a ~~ ~ ~'e 4 a p a i _ I iLL 1 ~ , Z N Sq 7° P J ~ w m Z A '~ n ~ u ~, 6 POM'ER EASM NT PlPEl.lNE ._ r-'i r . ~°rr..rri++ .~-~ -ter ~.-ti..-~l~''~' ~ ~ - ~----~ ~~- -_ - - ;- L -1 ~~-~~. 1 .~ ~ D w =~ ° ° D . _ Tom' N ~ ~ '' ^^ ~ ~ VI !C a 0 °a M N i~ o/ Lq Parle 51/ Sfri s~/~ LA PORT~EABRODK 0/O ~, ~ ~ ~~. ~ ~ ~ ~~. 0 7e ~- Cl aQ l ~~ ;~~~ ~~ 3 - Z ., o~ 1 1 a~ . Z ~ . ca r ti0 ~ ~ ~. . .. N_' ww0 m ~ Z ~~ .'d D < ^ ~ ~, .N ~: o rnNt m v ~ ° Z1 I "~ A 3 ~~ ~i n „_~ c >J ~' 32~ A - -/' x-~D~ 1 ~f, ~ v °~ z m ~° x ( . C7 . . Oyu L - - - - - - - ~• i . , 0 0 ~ ~ ~ o ~ n O~p~NAGE A ~°c N o ~u3 y ~ ~~~ ~o~ 04= ,o q _~ Oj~. ... n a y o O '~ 4 .~ V s ~, ~,~ti .a v ~~ n S ~ `~ ~'1. ~ - D~t~ q _ ,~,,~~ a ~ a S - ~ r o / E Sa ~_ ~ 'soo. SS ~ ~~ . ^ ~ ~ .30 ~r .` ~ti ~~ .',• ~ ~ p° s 1 . - - o-e~^~0~: o-• - -... ~.._ ~~ t . ~ -~ . _ . ~ ~ - ~~ _ .moo. _-_-1 . - 1 .- ~ - • ! ~ ~~ ~ ~ _....- - - n..o~uc. ~ '~ s o ate' Ga' •o' 6e" l ~ ] ~ ~ o r- 8 , ~ `+ "' _- T ` - ~ ~ J ~ ~' - r = -~ ~ ~ .o _ ~! _ a ~ C 4 O v ,~ ~ - -- ° Law ~ a ~ o a L ., L-~•~ '• NUJ L + J L p ~ = ~ -) h e 4 + ~ ~ .y O _~1 - wt.G _ 1 i b~ N ~ N ~ , ~ + ` ` ~ ` o i r -- -- N rN ~r N-~r ~ ~ ~ ~ : I1 a° l ~p~rp-trN ~, w ~ ~ ~ ~ r _ ~_ _ _ i X N \ ~ - ~ b w ~4 q ~~ q o i° m~ ~ ~ W a~~o ~~ '~~ o U1 ~1 0 ~! . L- cy Q. ,; FRs . L V~ ~' • MONTROSE COMPANY P. o. eox ssze~ HOUSTON,'TEXAS 77006 March 7, 1978 Planning and Zoning Committee City of LaPorte - P. 0. Box 1115 La Porte, Texas 77571 • Re: Re-zoning 23.046 acres in Lot 10, Block 2, of W. J. Payne Subdivision ' of the W. M. Jones League, Abst. 482 As owners of. the above referred to tract of land, we are making application to your committee to re-zone this tract of land. This property being on a main thoroughfare, we feel should be zoned commercial in order fo get the highest price and best use of the property. ' . We~have a proposed sale to Hayes Hamilton and wife, Loretta T. Hamilton, for "The Greenhouse" on the 4.110 acres fronting on Spencer Highway, per the enclosed survey: The Hamiltons are interested in buying the remaining acres, if the re-zoning ordinance is passed. We enclose our check in the amount of $546.00, payable to City of LaPorte, and would like for the tract of land to be re-zoned from Residential to "C" Apartment and Commercial. We enclose a copy of the survey and field note description for your information. , Please advise us. Thank you. Sincerely, _ xJ~ii J unita Meador, for ontrose Company, Trustee, owner ' Carol Cowling Coulter, owner • E. J. Pitman, Trustee, owner JM:m Enclosures cc: Mr. Knox W. Asking P. 0. Box 1218 T •n ~ ..~ m., r.•c iTS71 .i~ • -~ .. ~o f } I 1)' 0 ~~ IY+ ~~ ;a f~~ 1~ ~~ . V - tN I rN .N I- I~ 'm O i I I. .~ L N / ~ o/y m .~ ~ N N 3 ui ~ ~N ~ ~ O ~ o ' 0 . L'~ T` g 2 .~ •.!- •. ..;-~- •. Z '-~ z ~- ! ~ ~ I ~ e. i' • e` f . I ESti • a- • • . I ~ P~ ~ Q ~~ 9~' p°° 4 `• v~° `Mai L~ r- 300.0' ~~ 200.0' ~ 277.0' ~.o~ ~~. _ ~ .. -- -- --- -- •- -- wEST 7 7 7.0• - - -- - S PENCER HIGHWAY ° ° ~Z ' f .1257/210 D.R. O ~ i , ~O N ~ N 3 ~ n' W ° ~ •---• o° . ~: IOYMD 1. X00 y 'r EAST 796.8' 4~~ ROAD ~N01 Op~n~ • ` -, ,. Holl of Rood Intludsa in 23.046 A,F~: ' C 23.0/vc~ ACRES LOT ~10 - ° . • N . 1..J ~ ~ K. I . p°° wEST 1 ~~ wEST o°~ ~ 277.0' J! I 3 00.0' , ~c'` ~ P `,~.°° ~N 3 ~~, o (Q- o ~ o N I~ ° ___ _ • IA.IOZANO, PUBLIC SURVEYOR, HEREBY CERTIFY THAT M A P ru~c ..;p CORRECTLYREPRESENT$ THE FO"CTS ON 7HE GROUND ~ ' :~ FOJNO 9Y ACTUAL SURVEY MADE SEPT. I~, 1964 OF 23.046 ACRES IN lOT •10, iBLOCK N0. 2 I ~~J~ OF W, J, PAYNE SAD RECORDED IN VOL. 384 PG.161 ~ • -~c'_~.C'_ _ OF THE DEED RECORDS OF H4RR15 COUNTY,TEXAS :' . M. LOZANO, PUB SURVEYOR ~ r •~`~~: ~r TC , Rsp. No. 80 S C 4 L E : I "= 200' :' .... .... :,- Madtfor`i a R PROPERTIES, INC. ~~~. LOZANO.... ~i` ~t 80 ~ co.{~~ 1 ~ ill . L O Z `A 0 .. -- • ~C~SUR`IE%-~ PUBLIC S~RVE OR ~.. '' ; . ~ • 'Houston, T~:os ' ~~ _ SURVEYEYED SEAT. 11 1954 ~ MAP NO. A-20 ~ • .~ • FIELD NOTES° of 23.046-acres of land out of Lot ~10, liloc:k 2 of W. J. Payne Subdivision of the. W. M. Jones League, Abstract No.• 482, according to the Map of Record in Volume 384, Page 161 of the Deed Records of Ilarris County, •Texas . OOM~NCING at the intersection of the North right-of-way line of Spencer Highway 100 feet wide with the East right-of-way line of Underwood Road 60 feet wide; THENCE along the East right-of-way line of Underwood Road same being the East line of a strip of land described in right-of-way deed recorded in Volume 1166, Page 645 of the Deed Records of Harris County, Texas, North 00 degrees 39 minutes West 726.0 feet to an iron rod, the most '.Northerly Southwest corner and PLACE OF • BEGINNING of the tract herein described; THENCE continuing along the East right-of-way .line of Underwood Road North 00 degrees 39 minutes West 1101.12 feet to an iron pipe for corner; THENCE along the center line of a 40-foot road between Blocks No. 1 and No. 2 of W. J. Payne Subdivision, East 798.80 feet to an iron rod for corner; THENCE along the East line of Lot 10, Block 2 of said W. J. Payne Subdivision, South 00 degrees 02 minutes West 1040.72 feet to an iron rod for corner; THENCE West 277.0 feet to an iron rod for corner; 1f~W(~ South 00 degrees 02 minutes West 786.28 feet to an iron rod for ,corner; • Ti-iENCE along the North right-of-way line of Spencer Highway 200.0 feet to an iron rod for corner; - ~.:`• '~ `1I~AfCE along the East line of a tract described in Voltme 1257,. Page 210 of the ' • -" 'Page 2 ,. • Deed Records'of Harris County, Texas, North 00 degrees 39 minutes West 726.0_-.feet : - ~ ~~ i ~to an iron rod marking its Northeast corner; THENCE along the North line of said tract described in Volwne 1257, Page 210 of the Deed Records of Harris County, Texas, West 300.0 feet to the PLACE OF BEGINNING containing 23.046 acres... SAVE AND EXCEPT the areas described in (see below) ~ / .. !~" Tt. Lozano, Public Surveyor Reg. No. 80 Surveyed September 11, 1964 Map No. A-20 the Right of Way of the Humble Pipe Line Company as described in deed of record, in Volume 705, Page 83, of the Harris County Deed Records and the right of way of Humble Oil & Refining Company described in deed of record in Volume 1188, Page 12, Harris County Deed Records, as said rights of way were limited and modified by agreement dated September 20, 1951, of record in Volume 2344, Page 12, Harris County Deed Records, leaving a net acreage of 21.84 acres. ~ ~ ORDINANCE NO. AN ORDINANCE DEFINING PORTABLE BUILDINGS, EXEMPTING CURRENT STRUCTURES THEREFROM; REQUIRING PERMITS FOR THE PLACEMENT OF LARGE PORTABLE BUILDINGS WITHIN THE CITY, GIVING REQUIRE- MENTS THEREFOR, AND PROVIDING FOR APPEAL FROM REFUSAL: PRO- VIDING RESTRICTIONS ON THE PLACEMENT AND USE OF PORTABLE BUILDINGS; ESTABLISHING A FEE FOR THE MOVING OF PORTABLE BUILDINGS IN THE CITY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Section 8-60 of the Code of Ordinances of the City of La Porte is hereby amended, to-wit: ARTICLE VI Housing Code DIVISION A Generally Section 8-60. Adopted. The Southern Standard Housing Code, 1969 Edition, as adopted by the Southern Building Code Congress, a copy of which is on file in the office of the city clerk of the City of La Porte, Texas, is hereby adopted and designated as the Housing Code of the City of La Porte, incorporated b y reference in this article, and made a part hereof, as f ally as if copied at length herein. Section 2. The Code of Ordinances of the City of La Porte is hereby amended to adopt Chapter 8, Article VI, Division B, to-wit: DIVISION B Portable Buildings Section 8-61 Definitions. Portable building. A prefabricated enclosed structure which may be moved as a~unit or units, and the area of the floor of which structure is greater than twelve (12) square feet. Provided, however, that the follow- ing are specifically excluded: (a) Mobile homes, which for the purposes of this • Division means any vehicle designed and constructed to travel on the public thoroughfares and to provide dwelling or sleeping places for one or.more persons. (b) Campers, which for the purposes of this Division means any enclosed structure, intended for human habitation, mounted on any manufactured pickup truck or flat bed vehicle. (c) Recreational vehicles, which for the purposes of this Division means any vehicle designed and constructed to travel the public thoroughfares and to provide dwelling or sleeping places for one or more persons but the use of which is not as a permanent residence. • (d) All stru~:tures in existence at the time of the passage of this Division are exempted from the provisions hereof. ! • Ordinance No. Page 2. • Small portable building. A portable building, as defined above, the area of the floor of which is not greater than eighty (80) square feet and is greater than twelve (12) square feet. Large portable building. A portable building, as defined above, the area of the floor of which is greater than eighty (80) square feet. Section 8-62. Permit. (a) Permit required. No person, as defined in this Code, shall place a large portable building on land within the City or assemble pre-fabricated component parts to form a large portable building for placement within the City, without having obtained a permit under this Article. (b) Application. Each applicant for a permit shall submit an application to the Building Inspector, which application shall contain: (1) The size of the portable building. (2) A plot plan for the proposed site, showing existing improvements and the proposed location of the portable building. • (3) The proposed uses of the portable building. (4) The type of foundation, if any, upon which the portable building is to be placed. (5) An itemized showing of compliance with the terms of this Chapter. (6) A permit fee, which shall be~the same as is provided for a similarly sized building under this Chapter. (c) Issuance. Permits under this Division shall be issued by the Building Inspector upon his determination that the requirements of this Division have been fulfilled. (d) Appeal. Upon refusal of the Building Inspector to issue a permit, an applicant may, within five (5) days of such refusal, file a written appeal with the City Clerk, addressed to the Planning and Zoning Commission. Upon filing of such, the Building Inspector shall, within ten (10) days, file with the City. Clerk a written list of the reasons for which the permit was refused. The Commission shall review the matter and promptly uphold or overrule the determination of the Building Inspector. Section 8-63. Restrictions on placement and use. • (a) No small portable building shall be used for dwelling or sleeping by humans. (b) No large portable buildings shall be placed on the premises of a private residence. Provided, how- ever, that such may be so placed when the provisions of this Code dealing with zoning would not be violated if a home of similar size were placed thereon. (c) No more than two (2) small portable buildings shall be placed on the premises of a private residence. • • Ordinance No. , Page 3. Section 8-64 Moving fee. A moving fee shall be assessed for the moving of any large portable building into the City, out of the City or to a different location within the City. For portable buildings whose width is not more than twelve feet'' (12') , such fee shall be• five dollars ($5.00) . For portable buildings whose width is more than twelve feet (12'), such fee shall be twenty five dollars ($25.00). Section 8-65 Effect on prior law. Nothing in this Division shall be deemed to repeal any provision of Chapter 8 or 14 of this Code. • Sect•i•ori ~3. If any section, sentence, phrase, clause, • or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be th e intention of this City Commission to have passed each section, sentence, phrase, clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. Any person as defined in Texas Penal Code Section 1.07 (27) who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this Ordinance shall continue shall constitute a separate offense. section 5. This Ordinance shall be effective fourteen • (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. Section 6. All ordinances or parts of ordinances in • conflict herewith are hereby repealed. PASSED AND APPROVED, this the day of 1978. CITY OF LA PORTE By J. J. Meza, Mayor Ordinance No. Page 4. • ATTEST. City Clerk APPROVED: City Attorney • • •