HomeMy WebLinkAbout04-04-1985 Public Hearing and Regular Meeting.,
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AGENDA
PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTS PLANNING AND
ZONING COMMISSION TO BE HELD ON APRIL 4, 1985, IN THE COUNCIL
CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS,
TEXAS, BEGINNING AT 7:00 P.M.
• 1. CALL TO ORDER
~_'~ 2. ,PUBLIC HEARING CALLED TO ORDER
REQUEST OF GLEN TOLAR TO CONSIDER REZONING BLOCK 10, LOTS
165 AND 166, SPENWICK PLACE, FROM RESIDENTIAL TO COMMERCIAL
TO ACCOMMODATE THE DEVELOPMENT OF A DAYCARE FACILITY.
A. THOSE WISHING TO SPEAK IN FAVOR OF THE REZONING
REQUEST
B. THOSE WISHING TO SPEAK IN OPPOSITION OF THE REZONING
REQUEST
PUBLIC HEARING CLOSED
PLANNING AND ZONING WILL SUBMIT A RECOMMENDATION IN WRITING
TO CITY COUNCIL
~j~- ~ 3. CONSIDER THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING
HELD ON MARCH 21, 1985
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~ 4. CONSIDER REQUEST OF MRS. MARGARET CONNER TO PLACE A DUPLEX
IN AN '~R-2" RESIDENTIAL ZONE - M. Conner/D. Paulissen
~~_ ~~ 5. CONSIDER REQUEST OF MR. AND MRS. ARLIE W. BR ANTLEY TO
REZONE LOTS 161 AND 162, BLOCK 10, SECTION 2 OF SPENWICK
PLACE FROM RESIDENTIAL TO COMMERCIAL - A. Br antley/D.
Paulissen/B. Speak
6. REVIEW FINAL DRAFT OF SUBDIVISION ORDINANCE - B. Speake
7. ADJOURNMENT
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NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 780, the Zoning
• Ordinance of the City of La Porte, a public hearing will be held at
7:00 P.M. on April 4, 1985, by the La Porte Planning and Zoning
Commission to consider rezoning Block 10, Lots 165 and 166, Spenwick
Place, from residential to commercial to accommodate the development
of a daycare facility.
This hearing will be conducted in the Council Chambers of the
La Porte City Hall, 604 West Fairmont Parkway. Letters concerning
this matter should be addressed to the City Secretary, P. 0.
Box 1115, La Porte, Texas 77571. Those wishing to address this
matter pro or con during the meeting will be required to sign in
before the meeting is convened.
CITY OF LA PORTE
G
Cherie Black
City Secretary
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February 12, 1985
• • 713 / 41y-y1y1
Ms. Black
City Secretary
La Porte, Texas
Dear Ms. Black:
I am requesting rezoning of Lots 165 and 166, Block 10
of SPENWICK PLACE, SECTION TWO (2) from residential to
commercial.
The purpose of this rezoning is to allow a day care
center to be constructed on this site. The lots are
located two hundred (200) feet west of Underwood Road
on Spencer Highway.
Thank you for your cooperation.
Sincerely yours,
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Glenn Tolar
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Enclosures
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BOX 426 JEER PARK, TEXAS 77536
~ ~ ~ 005-71-0586-
. ~~5~~;3~ Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82.
• ~
WARRANTY DEED WITH VENDORS LIEN
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS ~'
That I, DELBERT BROD,
of tl~c County of Harris and State of Texas for and in
• 10. 00)----------------------------
consrderation of the sum of TEN AND NO/100 ($
---------------------------------------------------------------DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which
is hereby acknowledged, and the further consideration of the execution and delivery by
Grantee of his promissory note of even date herewith in the principal
sum of $60,000.00, payable to the order of ALLIED DEER PARK BANK, at the
• off ice in Deer Park, Harris County, Texas, as therein specified, and bearing
interest at the rates therein specified and providing for acceleration of
maturity in event of default and for attorney's fees,
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the payment of ~~•l~ich note is sccurcd by the vendor's lien herein retained, and is additionally sccurcd b}~ a decd
of trust of even date herewith to H . E . DUDLEY, Trustcc,
have GRAI~'TL-D, SOLD AND CONVEYED, and by these pmscnts do GRANT. SELL AND COi~'VE~' unto
I~" ~~
GLENN TOLAR
cif the County of Harris and State of Texas ,all ~f the following descrihcd real
prr,perty in Harris County, 1 cKas, tc~-wit:
,----
Lots 165 and 166, Block 10, of SPENWICK PLACE, SECTION TWO (2), an
ad i in arris County, Texas, according to the map cr plat thereof ..
recorded in Volume 48, Page 11, of the Map Records of Harris County,
Texas. •
~-~ -
. ~ 3~V Prepared by the State Bar of Texas for use by lawyers only. Reviewed oU5-t I -0586
~~~ I t-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82.
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF HARRIS ~°
KNOW ALL MEN BY THESE PRESENTS:
That I, DELBERT BROD,
of the County of Harris and State of Texas for and in
consideration of the sum of TEN AND NO/10 0 ($10.0 0) ----------------------------
---------------------------------------------------------------DOLLARS
and other valuable consideration to the undersigned paid by the grantee I~erein named, the receipt of which
is hereby acknowledged, and the further consideration of the execution and deliverX, by
Grantee of his promissory note of even date herewith in the principal
sum of $60,000.00, payable to the order of ALLIED DEER PARK BANK, at the
• off ice in Deer Park, Harris County, Texas, as therein specified, and bearing
interest at the rates therein specified and providing for acceleration of
maturity in event of default and for attorney's fees,
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the payment of which note is sccurcd by the vendor's lien herein retained, and is additionally sccurcd by a deed
of trust of even daft herewith to H . E . DUDLEY, Trustee,
L
ftavc GRANTED, SOLD AND CONVEYED, and by these presents du GRANT, SELL AND CONVEY unto ~
~, ,
GLENN TOLAR
of the County of Harris and State of Texas .all of the following described real
prc~p~rty in Harris County, Tcxas, to-wit:
Lots 165 and 166, Block 10, of SPENWICK PLACE, SECTION TWO (2), an
addition in arras County, Texas, according to the map or plat thereof :.
recorded in Volume 48, Page 11, of the Map Records of Harris County,
Texas.
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CITY OF LA PORTS
INTER-OFFICE MEMO
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T0: BOB SPEAY.E
FROM: D LISSEN
DATE: 2/25/85
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SUBJECT: RE-ZOPIING BLOCK 10, LOTS 165 & 166, SPENWICK PLACE
The City has received and reviewed a request dated 2/12/85 for
are-zoning from Mr. Glen Tolar on the above described property
REQUEST
Mr. Glen Tolar of the Glen Tolar Company has requested a re-zoning of
Block 10, Lots 165 & 166, Spenwick Place. The request is to re-zone
the tract from its temporary "R-1" residential zoning classification
to "C" commercial to allow the construction of a day care center.
This use is allowable in a "C" zone under the terms of the. Zoning
Ordinance.
ANALYSIS
As you know, this property is in the newly annexed area of Spenwick.
It still maintains its temporary "R-1" zoning classification due to
the annexation and is recommended to be "R-1" single family in the
proposed master plan. The property lies along the North side of West
Main (Spencer Hwy.) about 200 feet West of Underwood Road. It is
adjoined on the West side by an existing retail strip center that was
built by Mr. Tolar just prior to annexation. It is adjoined on the
East side by a small restaurant. This site is directly across West
Main from the large Safeway shopping center and is surrounded on both
sides by existing commercial uses. The use is compatible with
existing uses in the area.
RECOMMENDATION
This request is in keeping with the Planning and Zoning Commissions
policy for the annexed area in that there is a specific use indicated
on the request. The described use is compatible with the area and
would not have a negative impact on the community. Based on these
facts the staff would recommend the granting of is this request to
re-zone the above described property from temporary "R-1" to "C"
commercial to allow the construction of a day care.
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• MINUTES
• OF THE
PUBLIC HEARING AND REGULAR MEETING OF THE
LA PORTE PLANNING AND ZONING COMMISSION ~~
APRIL 4, 1985
1. The meeting was called to order by Chairman Doug Latimer at
7:00 P.M.
Members of the Commission Present: Chairman Doug Latimer,
Members Charlie Doug Boyle, Loia Phillips, Karl Johnston,
Janet Graves, Bobby Blackwell
Members of the Commission Absent: Member Bruce Hammack
City Staff Present: Assistant City Attorney John Armstrong,
City Engineer Bob Speake, Director of Community Development
John Joerns, Assistant City Secretary Laura Hall
Others Present: Barbara Neal, Bayshore Sun; Mr. and Mrs.
William Bower; Mr. and Mrs. Russell French; Mr. and Mrs.
Arlie Brantley; Mrs. Blackwell; Mr. Jerry Murl, Happy Tots
• Daycare, Inc.; Mrs. D. Sullivan
2. Chairman Latimer called the Public Hearing to order at 7:03
P.M.
A Public Hearing was held to consider the request of Mr.
Glen Tolar to rezone Block 10, Lots 165 and 166, Spenwick
Place, from residential to commercial to accommodate the
development of a daycare facility.
A. Those wishing to speak in favor of the rezoning request
Mr. Glen Tolar spoke in favor of his request and stated that
he would prefer that Mr. Jerry Murl representing Happy Tots
Daycare facilities speak. Mr. Murl spoke in favor of the
rezoning request stating that the facility would accommodate
110-115 children, would be a 4,200 square foot facility with
approximately 2000 square foot playground facility. He
stated that the structure would be a one story brick with
drive through type parking, and would blend in nicely with
the surrounding business facilities in the area. He stated
that all the required set-backs would be met for
establishing the facility.
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Minutes, Public Hearing and Regular Meeting
La Porte Planning & Zoning Commission
• April ~1, 1985, Page 2
Mr. William Bower spoke in favor of the request stating that
he felt the entire strip along Spencer Highway should be
zoned commercial.
B. Those wishing to speak in opposition to the rezoning
request.
Chairman Latimer asked if anyone wished to speak against the
rezoning of this property for the facility in question.
Mr. Russell French stated that he was neither for nor
against the rezoning request but had several questions
concerning the structure itself and how it would affect his
business establishment (strip shopping center) next door to
the property. Chairman Latimer stated that the questions
Mr. French had of the Commission should be handled on the
staff level at the City of La Porte.
Mr. Blackwell stated that he was concerned about the traffic
problem and had Mr. Murl considered it. Mr. Murl stated
that he felt the mothers would be bringing and picking up
their children at staggered hours during the day and that he
felt the traffic would not cause a major problem, any more
• so than the strip shopping center next door or the other
businesses on Spencer.
Chairman Latimer asked if anyone else had anything to say
either for or against the rezoning. There were no other
comments.
Chairman Latimer then called the public hearing closed at
7:20 P.M. and stated that the Planning & Zoning Commission
would submit a recommendation in writing to the City
Council.
3. The Commission considered the approval of the minutes of the
Regular Meeting held on March 21, 1985.
Motion was made by Charlie Doug Boy e to approve the minutes
as presented. Second by Lola Phillips. The motion carried,
6 ayes and 0 nays.
Ayes: Latimer, Boyle, Johnston, Graves, Phillips, Blackwell
Nays: None
4. The Commission considered the request of Mrs. Margaret
Conner to place a duplex in an "R-2" residential zone.
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Minutes, Public Hearing and
La Porte Planning & Zoning
• April 4, 1985, Page 3
Regular Meeting
Commission
Chairman Latimer called on Mrs. Conner to speak on behalf of
her request for the rezoning. '~-
Mrs. Conner was not present, therefore the Commission went
to the next item on the agenda.
5. The Commission considered the request of Mr. and Mrs. Arlie
Brantley to rezone Lots 161 and 162, Block 10, Section 2 of
Spenwick Place from residential to commercial to accommodate
future development.
Mrs. Brantley stated that they had decided to go ahead with
their request for rezoning this property because at some
point in the near future they would like to cement the
parking lot and make other needed improvements to the
property. Mrs. Brantley was concerned about the property
tax rate and the fact that she and her husband had spent
many years and a large dollar amount improving this property
on Spencer Highway commercially.
The Commission requested Mrs. Brantley name the businesses
in the shopping center. Mrs. Brantley stated that the
center included Loys Carpet, Puttin on the Ritz, and Boot
and Shoe Repair.
• They are requesting that the Commission approve their
request as submitted.
Chairman Latimer asked the Commission to consider the
Brantley's request and consider setting the matter for
public hearing on May 2.
Motion was made by Karl Johnston to set this item for public
hearing on Mav 2.~ 1Q8~. Second by Charlie Doug Boyle. The
motion carried, 6 ayes and 0 nays.
Ayes: Latimer, Boyle, Johnston, Graves, Phillips, Blackwell
Nays: None
6. The Commission considered the final draft of the Subdivision
Ordinance.
Director of Community Development John Joerns was called
upon to go over the main points of the Subdivision
Ordinance. He did this verbally showing the process on a
schematic and passed out a letter and information concerning
same. (A copy of the letter and information is attached to
these minutes as part of permanent record.)
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Minutes, Public Hearing and Regular Meeting
La Porte Planning & Zoning Commission
. April 4, 1985, Page 4
The letter stated that the Ordinance as presented conforms
to the preliminary version received by the Commission
several weeks ago. The only major changes were in format in
the interest of simplification. These changes provide
simplicity and clarification. He stated that the Appendix
should be noted with great importance as it will greatly
enhance the understanding of the Ordinance itself.
He stated that the Ordinance will also be transmitted to the.
City Manager, Mayor and Council, several professional
developers in the community and Randy Walters of Vernon
Henry and Associates for their comments. In addition, he
stated the Commission had directed Assistant City Attorney
Armstrong careful consideration should be given to inclusion
of a section in the Ordinance on mandatory park dedication
in residential areas by developers.
Chairman Latimer stated that he would like this Ordinance to
be placed on the April 18th agenda for the Commission's
final consideration so that they could go on to the
Thoroughfare and Safety Plans as soon as possible.
Member Charlie Doug Boyle stated that he did not feel
• comfortable at this point with trying to approve the
Ordinance at that meeting until such time as several of the
developers in the area and other prominent citizens and
business leaders in the area had had a chance to discuss the
Ordinance in depth with Mr. Speake and Mr. Joerns.
It was decided by the Commission that this item would be
placed on the April 18th agenda.
7. There being no further business to come before the
Commission, the meeting was duly adjourned at 8:15 P.M.
Respectf lly subm"tied:
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Laura Hall
Assistant City Secretary
Passed & Approved this the
day of 1985.
Doug Latimer, Chairman
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