HomeMy WebLinkAbout11-07-1985 Public Hearing•
•
AGENDA
PUBLIC HEARING AfdD REGULAR MEETING OF THE LA PORTE PLANNING
AND ZONING COMMISSION TO BE HELD ON NOVEMBER 7, 1985, IN THE
COUNCIL CHAMBERS OF CITY HALL, 604 WEST FAIRMONT PARKWAY, LA
PORTE, TEXAS BEGINNING AT 7:00 P.M.
1. CALL TO ORDER
2. CONSIDER APPROVING MINUTES OF REGULAR MEETING AND PUBLIC
HEARING HELD ON OCTOBER 3, 1985.
3. PUBLIC HEARING CALLED TO ORDER
ITEM 1
CONSIDER REQUEST OF H. WAYNE TAYLOR TO REZONE LOT 716 LA
PORTE OUTLOTS 9.8071 ACRES IN FAIRMONT PARKWAY FROM
RESIDENTIAL TO COMMERCIAL, OR TO BE USED AS AN EQUIPMENT
RENTAL BUSINESS.
A THOSE WISHING TO SPEAK IN FAVOR OF THE REZONING
REQUEST. ,~
•
B. THOSE WISHING TO SPEAK IN OPPOSITION TO THE
REZONING REQUEST.
ITEM 2.
CONSIDER REQUEST OF BILL HARTMAN TO REZONE 3.82 ACRES OF
THE ENOCH BRINSON SURVEY FROM COMMERCIAL TO INDUSTRIAL
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.
4. CONSIDER VARIANCE REQUEST FOR H.B. ZACHARY FOR REAR YARD
SETBACK REQUIREMENT SET FORTH IN THE DEVELOPMENT
ORDINANCE.
5. CONSIDER APPROVAL OF FINAL PLAT - PLANE VIEW SUBDIVISION
6. ADJOURNMENT
' r ~ ~ • H. Wayne Tay~o~ •
P. O. dox 1252
• pasac~ena, Texas 7751
September 24, 1985
City of LaPorte
Planning & Zoning Commissior.
P.O. Box 1115
LaPorte, Texas 77571
Attn: Ms. Cherie Black.
City Secretary
Reference: Lot 716, LaPorte O~.:tlots,
9.8071 Acres, Fairmont
ParY.way, LaPorte, Texas.
Bear ;GIs . B 1 ack
Please accept this letter as my request for a zoning change
on the above referenced property. The property is pres`ntl.y
zoned Sir~gle Family Residential anti I am requesting a change
in the zonin~x to commercial.
• Attached is a sate plan sho~~iny the proposed imprcvements
planned for the property. They include a single story metal
building ~Aitri ap?~roximately 5,000 square feet of floor space,
approximately 14,500 square feet of concrete drives and
parking, and an 8` chain link fence enclosing the perimeter
of the site. Treat portion of the site not covered by the
building and paving is to be utilized for the storage and
display of equipment. The facility ~~;ill be occupied by
Pasadena Rentals, Inc.
Thank you for your cooperation in this matter. Please call if
I ;gay be of further assistance to you.
~/~ ~
r'U ~j~ ' ~ ~ %~`~~
r/layn Tayl r,%" President
f
• •
'~ - CITY OF LA PORTE
INTER OFFICE MEMO
T0: Planning and Zoning Commission
FROM: D aulissen
DATE: 10/24/85
SUBJECT: Re-zonining LP Outlot 716-8.8071 Ac,
The City has received a request from Mr. Wayne Taylor of Pasadena
Rentals, Inc, to re-zone lot 716, La Porte Outlots from its temporary
"R-1" zoning status to zone "C" commercial..
HISTORY
The property under consideration is located approximately 1500' West
of Underwood Rd. on Fairmont Parkway. The proposed use is that of an
equipment storage and rental yard. This site is in the annexed area
of Spenwick and continues to exist as "R-1" residential until the
proposed Zoning Ordinance and map may be adopted.
~N~_~-
This request has been compared to the comprehensive plan for analysis
purposes. The Planning and Zoning Commission has directed staff to
use the comprehensive plan as a data based for re-zoning comparisons.
This site is recommended to become "R-1" and "R-2" or low and medium
density residential. A significant impact on the comprehensive plan
would result with the re-zoning of this property.
The site in question does not have either water or sewer service
available to it. An extension of both utilities including design and
installation would be required. The use of the property as an
equipment rental business and yard is an allowable use under the
current ordinance with the stipulation that "there shall be no rental
of heavy trucks or heavy construction equipment in connection
therewith." There are no businesses of this type West of Underwood
Rd. fronting Fairmont Parkway. There is, however, an existing
container yard and truck terminal Northwest of the property in
question. This business was established just prior to annexation.
~COMM~1`JDATIOH
This request is for the re-zoning of a tract of land in the "heart" of
and area that is proposed to become residential under the proposed
land use and zoning maps. The re-zoning of this tract will set the
stage for more requests of this type. It is anticipated that the
Planning and Zoning Commission will have started the review of the
land use and zoning maps by the end of the year.
page 2 • •
~.' Re-zoning Outlot 716 cont.
.~
. Based on the above analysis and the comparison to the Comprehensive
Plan, staff hereby recommends that this request be denied. Air. Taylor
sl~~ould be given a copy of the zoning map review schedule as soon as it
is developed in order that he may give input at a public hearing on
his behalf.
•
•
. • ~_~
•
•
~ .I ,I 024-7Z-0335
EXHIBIT A
Being 9.8071 acres of land out of Lot Seven Hundred Sixteen (716), LA PORTS
OUTLOTS, per map or plat thereof, recorded in Volume 83, Page 344 of [he Deed
Records of Harris County, Texae, said 9.A071 acres of land is more particularly
described by metes and bounds as follows:
Beginning at a very old 5/8 inch iron rod found marking the Northwest corner of
said Lot 716, same being the Northeast corner of Lot 715 in the South right-of-
way line of an 80 foot wide road as depicted on said map or plat;
- Thence North 89 deg. 44 min. 42 sec. East, along the South right-of-way line of
said road, a distance of 483.93 feet to a S/8 inch iron rod found marking the
Northeast corner of said Lot 716 same being the Northwest corner of said Lot
717;
Thence South 00 deg. 20 min. 58 sec. East along the common line between said
Lots 716 and 717, a distance of 882.28 feet to a 1/2 inch iron rod found for the
- Southeast corner of the herein described tract in the North right-of-way line of
Fairmont Parkway, same being the Northeast corner of. that certain tract of land
conveyed to HArris County by Deed recorded in Volume 872, Page 208 of the Deed
Records of Harris County, Texas; _
C Thence South 89 deg. 33 min. 04 sec. West along the North right-of-way line of
said Fairmont Parkway, a distance of 483.58 feet to a 5/8 inch iron rod found
marking the Southwest corner of the herein described tract same being the
Northwest corner of said Harris County tract;
Thence North 00 deg. 22 min. 18 sec. West along the common line between said
Lots 715 and 716, a distance of 883.91 feet to the PLACE OF BEGINNING and
containing 9.8071 acres of land.
STATE Oi TEXAS
COUNTY DE HARRIS
I ilere~Y cenlly filet fflif rnstrummt was l1LED m
TMe Numoner~
e on fI„ Oah 1no Af tM
neon
flme Sfamne0
lnA
SHIN: Racoras of Real q OWY RECORDED. m pK ORKI~1
OAer1Y 01 H
arn, ~.~,_ tC.ai On
AUG 2 g 19E5
(NlN9j
~-, y g
m
~^
S
Q
x
Y w
~~~'"
'~
-
/j/J
~
a ~ ~.
t
f a
COUNTY CLERK
w o a
7 ~ ~- ,
HARRIS COUNTY, TEXAS
-,
N
4 J C
°''~
- I-- o
2 U
Q7 ~ N
IV ~
, ~-
U K
C:J I-
l
\
Q \
V~
1"
•
• 1,
RCCORDFR'S MEMDIt4flDUM
-, AT TnE TIME U! REC(lltOAlWN. TIAS • ~-~
IN5TRUMFNI WAS fpUNU 10 HE II/ADEOIIA TE
`I
!OR fHk HEST I'HOT(N;RAP/IIC RFI•ROOUCTION
Of CAUSE Uf ILIEDIHIII lY (:ARHUN OH
RIO TO COPY, UISCOLONEO PAPER, ETC.
'~~
•
•
• • ~~
1~1~: rte"` ~ ~, ., ~_, ,c o--
,~ ~t J;.~:,, ~
~ ~ ~
r ~ ter' ` 11'TT'1
,~
- ~x ~~ ~. ~
~~~ ~ ~ ~~~ I ~Y~ ~ ~~~
N
~'~.. ~ ~ \
_ ~ 1 \
`~ 'JL°7~.~ ~ aql t 't .. ~ t .
~~.
---- _._~
~; ., o -- - - - ~ - -
-," ~( ~
1 -~
I ~~`'~~a n ~ ~ i
- ~ - ~ I~
- ,~
~~
ut A
1i i z;:
a o ~ II
1~ ~ m __ ~ <,~.
J ~ - _ n n 1
b ^ A
~7 ~ y~ 1
.' ' 0131/!''3! Oltl y1~ ~~~
^rl If~~ :0 h ~ I , .
Alf YIA~N
-Lf OY~tltl 3t
ON VOVNtl~
•
• ~
c
:..:~.
1
1
1
1 MOLY~IOt
~~
1\
^il~ ~
~{artmaru l~ewspapers
BILL HARTMAN
President
~Jnc,
P.O. Box 1390
Rosenberg, Texas 77471
(713) 342-8691
September 19, 1985
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Dear Sirs:
I am the owner of the property known as 47,079
square feet of land out of the Enoch Brinson Survey
(metes and bounds attached).
Enclosed is a check for $100.00. I hereby request
that the above property be rezoned from commercial to
light industrial with a special. use permit.
• The proposed use of the ro ert is for stora e
P P Y g
of imported automobiles and parts.
Enclosed is a plat of the property.
I would appreciate your consideration in putting
this on the agenda of the Planning and Zoning Commission
immediately. Thank you very much.
Very truly yours,
J. William Hartman
jwh/bt
.Attachments (3)
•
.r~ •
•
CITY OF LA PORTS
INTER-OFFICE MEMO
T0: Plan 'ng and Zoning Commission
FROM: D 1~'. ulissen
DATE: 10/24/85
`~
SUBJECT: Rezoning-J. William Hartman, 1.08 Ac. at225 & hwy. 146
The City has received a request from Mr. J. William Hartman to rezone
a tract of land (legal description attached) at Hwy. 225 and Hwy. 146
from zone "C" Commercial to zone "I" Industrial to allow a new car
marshalling yard.
HISTORY
The site in question is North of the old Westinghouse tract at the
Hwy. 146, Hwy. 225 interchange. The site will be utilized for the
marshalling of imported automobiles and parts. This property is not
served by City utilities and has no on-site well or septic tank.
Initial interpretations indicate that utility extensions will be
required. The cost of the extensions will be born by the applicant.
ANALYSIS
The location has been compared to both the proposed land use map and
the proposed zoning map for reference. This area is proposed to
become "LI" Light Industrial on both maps. The proposed use lends
itself well to an "I" Industrial zoning classification as it is the
closest zoning classification to the "LI" proposed. This property is
within 1/2 mile of several marshalling and storage yards including the
Barbours Import Service, BMW of North America, and Central Freight
....Line on the west side of 146.
RECOMMENDATION
The proposed use of this property as a new car marshalling yard is in
line with the comprehensive plan and the proposed new zoning map. A
special use permit must also be granted by the Planning and Zoning
Board of Adjustments prior to the development of the site.
Based on above review and the comparison to the comprehensive plan
staff would recommend that the rezoning from "C" to "I" be granted.
•
~ ~
~,
_ ~ ~~
` . ,A
•~`•iNti~1N /T ,
C i t f I • ,•A t .e\:~ ~~ ~~ ~ J , ~,\~ 11 `: ..
• • it
I.r
I~
~ ~.
`'~ I•
~• ~`
~ Y ~`
r ~`
r.
•~
r ~
/. 4`~`
.............................,.A' ~ ,~
r_. i;
- __ ~ ' ,.
~ i j
,~
_~ ~ v ~ ~I
~ y -=--1 ~ ~ r'/ ~ r
~ ~ L ~
,` ~
'v .,
.,~• x
___... _.
Tram.CO.~
_~IA. 528 A., -~_~_ \ 1'~.
___ -`
)09 903 90e 907 ~ / ~ ~
t
~~
Y
911 910 909 90B $ 'i -
~ _ _ _ .. _ ~ - ~I,~ _J ~.SA.~ V ~ ~ ~ ~
I, ~`
' 32 , r31 ~ 30 ~~ 29 ,I`~ PI ~ 27 26 -_; ~~~~--~---'
i 7
318 919 920 921 I~ PEACH \_ ~
1' I 2S \ \
ti
•
a
3
c~
•
~J
~Ci~# 12389
~~~
C
6bx
REID, STRICKLAND, GILLETTE & RAMSEY
ATTORNEYS AT LAW
•, p, BOj~yJi
BAVTOW N. TE%AB 77020
DECLARATION OF TRUST CAPACITY
•
THE STATE OF TEXAS Q
' ~ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS p
C
beside their names as follows:
•
•`
C.
That I, FRED HARTMAN, Trustee, of Harris County, Texas, do hereby
affirm and declare that I hold legal title to all that certain tract or
parcel of land described as follows, to-wit:
All that certain tract or parcel of land being 3.822 acres of land
out of the F. H. Staashen Subdivision, Enoch Brinson League, Harris County,
Texas, and being more particularly described as follows:
BEGINNING at a concrete monument set in the West line of State Highway
No. 146 at its intersection with the South line of the W. B. Black tract of
land;
THENCE North 34 deg. 44 min. East, along the West line of_State Highway
No. 146, a distance of 321.24 feet to a 5/8 inch iron rod set for the North-
east corner of this tract; -•
THENCE due West a distance of 749.42 feet to a 5/8 inch iron rod set in
the East line of a county road (Thirteenth Street extended), for the North-
west corner of this tract;
7fiENCE South, along the East line of the above mentioned county road, a
,. ,,, ~.,Y.,, ~~Ci, to a 5j8 inch iron rod set for the Southwest corner
of~this tract;
THENCE due East, a distance of 531.73 feet, to the PLACE OF BEGINNING,
containing 3.822 acres of land.
for the following named individuals who are the true beneficial owners of
such land in the undivided interest as indicated by the percentages stated
NAME PERCENTAGE OF OWNERSHIP
John W. Hartman & wife, Suzanne Hartman 50%
B. Leon Brown & wife, Mary E. Brown 50~
EXECUTED this the 11th day of January, A. D. 1972.
Fre Hartman, Trustee
_ ~~FHE=STATE OF-TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared
FRED HARTMAN, Trustee, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the //~~day of
,r' ,,~..~ h A. D. 1972.
/~~
N-~ ARR S 0 A
• f
•
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
DATE: OCTOBER 31, 1985 ~~
T0: PLANNING & ZONING COMMISSION
FROM: D. A. PAULISSEI~I~~~~'U
SUBJECT: VARIANCE TO SECTION 5.04 OF THE LA PORTE DEVEL0PMEAIT ORDINANCE
The city has received a request from Mr. L. R. Swarthout, Jr. with H.
B. Zachry Co. for variance to Section 5.04 of the La Porte Development
Ordinance, concerning rear building set back lines.
HISTORY
The site in question was developed before the inactment of the
• Development Ordinance and at that time met all requirements of the City
of La Porte.
ANALYSIS
The property in question does join a residential' tract of land,
however, the residential tract is being used as a horse pasture. All
site improvements have been placed, (ie. roads, fire hydrants,
underground utilities) and would be impossible, financially, to
relocate.
RECOMMENDATION
The proposed placement of the building would be in conformity with the
other buildings previously built.
Based on the above review, staff would recommend the variance be
allowed.
•
r
~,/~~~Y
H. B. ZACHRY COMPANY
General Contractors
October 7, 1985
City of LaPorte
Post Off ice Box 1115
LaPorte, Texas 77571
Attn: Ms. Cherie Black
City Secretary
Dear Ms. Black:
Please accept this request for exception to LaPorte Development Ordinance
Number 1444, Section 5.04 regarding the minimum allowable separation
between the rear property line and the building line.
As shown on the attached site plan, the facilities on Outlot 371 were pre-
planned prior to the approval of Ordinance Number 1444. Had we known that
. this ordinance would be approved, our planning would have incorporated
these ordinances.
Installation of the 63' x 85'-6" warehouse extension would provide a
maximum separation of fourteen feet, six feet below the twenty foot minimum
required by Section 5.04. By relocating the structure to achieve the
required separation, the structure would be approximately six feet into the
existing road. Please note that the mechanic's shop, which was installed
in February of 1985, is only ten feet from the property line.
During your review of this request, please keep in mind that the structure
is existing and being relocated from another site. Any attempt to modify
the structure or reroute the road would be cost prohibitive.
Your assistance in this matter is greatly appreciated.
Regards,
LRS:pb
s
pFflrE
. ~,~~ .. ,
v
1 IiLG i
L. R. Swarthout, Jr.
Project Engineer
H. B. ZACHRY C ANY
.. MAILING ADDRESS
_q! ~ -.
K l~ '
r ~ k
v.c a~ y a ,,. .,,,
t~ ~ .~
d. r~
~. ~`~ ~ i y
,.~.
ti._ ,,
L .. ~ Y
y
ri.; ..may y~
un ~ , l at.,. t 'L
b~? µ ''~`~'1
...~
c,...~ ~_:.....,...
~'
~ ~ ~~
.~;
y' 4
r` { ~..~Y
a
,-~. ~,,
r`: ~~~~
i;.: .: _'.. ~ _'. ~ `: ~ s}.'.. ~... ...- ..:4. .yw.-=e.s .... ~~.{"_...rY"V^'-':. -,.y. ryi4 ,'i: .:rt . -
~SV 4 '~~°:~ ,~w~~.--,r~~d.,i. ~' {ry-+lr. ~~h+^ ~r~~ -.Ca~'~'~ ~,~f~~~ ,~ r ~ {.' ~"~' rr +~ ~:s,° ~~ {„`, .:
_ ~y 'tom ~Y ti .wl~ +laf~ _.~ .l k i• M`-^.'l;~'~S F•P~ .~' ai
*^ ~
n .. "
f ~ ~ X t `~
` ' J fi.
ggh " ...
r, •. ~~rr
{ ~ C.,..1 .k . ~ /A..
Y ~ -'
,~ ~ •,
. `~ - ' ~.'
3 C+
4
i
1 r a
t
.+ri
.}`. ,..
s
$ '
} }..aa~}~,.... ,~a ~r,F+~~ ~ ~~y~ L ~ ~t.~~ (~ ~. Y ~r'b<•a!+.F ,.TT e , P ~.
/ ~• iy i ~L 4„ T.
,~,*` ~: ~~\ \ ~~ ' ,~~~'~r": w •ta..~jy y~~~~.. ~~~s~ way } .. zr ~ > ~~ ,
• ~ , ~; -+ \ -SEE QW~ ~~-`~V3 - Z•C}4- ~~. - ~ - "e , ~~ - i ~ : t .
- ,. x
,_ ..: a,.
_,__ s
W _ _
• {,,
." .. t s ,~ .. a~ ~r.~, #..an ~ it a fYF • ~ t~ +'
~_• ~. . "~W ~~ y
~, ~ ti
'
\`+ r
.. ¢ \ •''° y ~ ~~ , f •.~" ~ #, 4. ~ ,~" war
u-~ S
/~ y
_ .~ ,~ °~,
O
Z
r'=
POST TRQ/[ ER P/I~Pky
L OMAX
D!1/V£
C
Z
N
Z
ac vy oR _
fbST TRAILER P,gRK
e
a
y
~ ~ ~ ~ ~
~ ~ o y
T
~ ~ ~ R
a
Z
°~
t
m
1/ALLEY V/EW RD.
EcMWOOD
°N/,PL EY cN.
L EMDIV OR.
s
TRq v
a
z
BAY AREA BLVD. (SEA/S RD. - 2!, T!! sr.
•
m
n ~
3n~~nA
M/SS/ON
,-
' ~_ -~~. ,
•
•
•
MINUTES OF THE
PLANNING AND ZONING COMMISSION
NOVEMBER 7,1985 ~~
1. The meeting was called to order by Chairman Andy Wilson at
7:00 p.m.
Members of the_Commission_present: Chairman Andy Wilson,
Commissioners Bobby Blackwell, Ed Murphree, Charlie Doug
Boyle, and Janet Graves
Mem_bers_of__the__Commission_ absent: Commissioners Karl
Johnston and Lola Phillips
Cit~__Staff _~resent: Chief Building Official David
Paulissen, Sr. Engineering Technician Steve Veltkamp,
Assistant City Attorney John Armstrong and Executive
Secretary Gwen Vann
Others_Present: Mrs. Adair Sullivan, John ~~~elch, Wayne
Taylor and other interested citizens
2. Chairman Wilson asked that we entertain a motion to
• approve the minutes from the October 3, 1985 meeting.
There was mction made by Mr. Boyle and seconded by Mr.
Blackwell. The motion carried with no opposition
approving the minutes.
3. The Public Hearing was called to order.
Item 1 was to consider the request of H. Wayne Taylor to
rezone lot 716 La Porte Outlots 9.8071 acres in Fairmont
Parkway from residential to commercial, or to be used as
an equipment rental business.
Chairman Wilson asked that Mr. Paulissen come forth and
give the staff recommendation on the above request.
Mr. Paulissen came forth and indicated that the staff
recommendation was that this rezoning request be denied as
it was not in conformance with the Comprehensive Plan.
Mr. John D. Welch of John D. Welch and Associates in Deer
Park, Texas came forth to represent Mr. Taylor. He
indicated that the land was vacant and unimproved at this
time. He indicated that Mr. Taylor proposed to improve
the site with an equipment rental facility.
After hearing Mr. Welch's proposal, Chairman Wilson
•
•
Minutes - Planing and Zoning Commission
November 7, 1985
Page 2
asked if anyone had any other questions.
Chairman Wilson asked if there was anyone else th~ishing to
speak in favor of this rezoning. No one did. He then
asked if there was any public input in opposition to the
rezoning. After no one had any input, Chairman Wilson
asked N1r. Paulissen, Chief Building Official, to summarize
their thoughts one more time. Mr. Paulissen only had a
couple of points to bring out; the fact that this would
have a significant impact on the Comprehensive Plan and on
the ability of surrounding property to develop as
residential if a commercial use were allowed. Heavy
equipment under the current ordinance, anything treater
than a small backhoe is prohibited in a commercial zone at
this point and time. Heavy equipment is not a use that is
allowed within the parameters of a commercial zone. Mr.
Paulissen indicated that much work has gone into the
Comprehensive Plan and the board has indicated to staff
that we should base our analysis on that plan.
Considering all the facts, staff recommendation was to
. deny this request.
There were several comments made by Mr. Boyle and Mr. Ed
Murphree. Mr. Bobby Blackwell was concerned about Spot
Zoning.
Chairman Wilson entertained a motion to deny the request
of H. Wayne Taylor. Motion passed with no opposition.
Assistant City Attorney John Armstrong explained the process
from this point for the petitioners.
He indicated that there would be a public hearing before the
City Council.
Item 2 was to Consider the request of Bill Hartman to
rezone 3.82 acres of the Enoch Brinson Survey from
commercial to industrial.
Chairman Wilson recognized Staff to make their
recommendation. Mr. Paulissen came forth and explained
the request. Indicated that under the new ordinance this
area is proposed to be light industrial. Under the
current ordinance it must be zoned industrial to allow
this use. ~dhen compared with the Comprehensive Plan,
•
• Minutes of Planning & Zoning Commission
Page 3
•
Staff finds that this use is favorable. It fits with what
the consultants have recommended. Based on this, staff
has no problem with this proposed rezoning. It dces fall
within the parameters of the Comprehensive Plan for a
light industrial/industrial classification and keeping in
mind, a special use permit for this will have to be
granted by the Planning and Zoning Board of Adjustment.
Staff's recommendation is that this request be granted
based on its favorable comparison to the Comprehensive
Plan Use clan.
After i~1r. Paulissen finished his presentation, Chairman
~lilson asked if there was anyone present to represent this
rezoning.- Mr. John Hesch with Barbours Cut Import Service
in La Porte came forth and spoke on behalf of Mr. Bill
Hartman.
Commissioner Janet Graves was concerned about screening
for public view. Assistant City Attorney John Armstrong
• elaborated on this point.
There was no one else to speak in favor or against this
rezoning. Chairman Wilson asked that Mr. Paulissen come
back and summarize this rezoning. He recommended this
request be granted with a note that a special use permit
still needs to be granted by the Planning and Zoning Board
of Adjustments.
Motion was made by Mr. Boyle that we accept Staff's
recommendation. Seconded by Mrs. Graves. Carried with no
opposition.
Public Hearing was Closed.
4. Consideration of variance request for H. B. Zachary for
rear yard setback requirement.
Staff recommendation from Mr. Paulissen, Chief Building
Official, was to grant this variance request.
Mr. Armstrong discussed the variance procedure.
Bobby Blackwell made a motion to accept the staff
recommendation. Seconded by Mr. Murphree. Motion carried
•
•
• Minutes of Planning and Zoning Commission
November 7, 1985
Page y~
with no opposition.
•
5. Consider approval of final plat - Plane View Subdivision
Steve Veltkamp, Senior Engineering Technician made a
presentation on the final plat. He indicated that there
were no minutes from the City of Lomax Planning and Zoning
showing approval. However, Mrs. Betty Waters who was the
City Secretary for Lornax at that time was contacted and
she substantiated that Lomax did approve this subdivision.
.This was also backed up by a letter from H. Carlos Smith,
Engineering Surveryors. Conversation with Pers. Waters
further determined that Lomax's ordinance at that time did
provide for street lighting, concrete streets with
curbland gutter and a stabilized subgrade for those
streets but it did not cover sidewalks or deed
restrictions. This subdivision was partially built by
r4cKee Construction Co, who has returned to the commission
giving notice that he would like to complete this
• project. We have received plans and specifications from
H. Carlos Smith which we are in the process of reviewing.
After reviewing this project, Mr. Veltkamp made a
recommendation that the commission grant conditional
approval for this subdivision
plat once the conditions on second page are met.
After discussion between Mr. Veltkamp and the Commission,
it was decided that because there was no preliminary plat,
to move this to the December meeting.
Chairman Wilson entertained a motion to move this item of
business to the December 5th meeting. Motion made by Mr.
Boyle, Seconded by Mr. Murphree. Motion carried with no
opposition.
Mr. Boyle and Mr. Blackwell told about their trip to Dallas
and what they learned at a seminar there.
6. There being no business, the meeting was adjourned at
8:15 p.m.
Respectfully submitted,
Gwen Vann, Executive Secretary
(~
MINUTES OF THE
PLANNING AND ZONING COMMISSION
.:. 'NOVEMBER ~.7; ' 1985. .
1. The meeting was called to order by Chairman Andy Wilson at
7.00 p.m.
Members of the Commission present: Chairman Andy Wilson,
Commissioners Bobby Blackwell, Ed Murphree, Charlie Doug
Boyle, and Janet Graves
Members of the Commission absent: Commissioners Karl
Johnston and Lola Phillips
City Staff p
Paulissen, Sr.
Assistant City
Secretary Gwen V
Qthers Present•
• Taylor and other
e e Chief Building Official David
Engineering Technician Steve Veltkamp,
Attorney John Armstrong and Executive
ann
Mrs. Adair Sullivan, John Welch, Wayne
interested citizens
2. Chairman Wilson asked that we entertain a motion to
approve the minutes from the October 3, 1985 meeting.
There was motion made by Mr. Boyle and seconded by Mr.
Blackwell. The motion carried with no opposition
approving the minutes.
3. The Public Hearing was called to order.
Item 1 was to consider the request of H. Wayne Taylor to
rezone lot 716 La Porte Outlots 9.8071 acres in Fairmont
Parkway from residential to commercial, or to be used as
an equipment rental business.
Chairman Wilson asked that Mr. Paulissen come forth and
give the staff recommendation on the above request.
Mr. Paulissen came forth and indicated that the staff
recommendation was that this rezoning request be denied as
it was not in conformance with the Comprehensive Plan.
Mr. John D. Welch of John D. Welch and Associates in Deer
Park, Texas came forth to represent Mr. Taylor. He
indicated that the land was vacant and unimproved at this
time. He indicated that Mr. Taylor proposed to improve
• the site with an equipment rental facility.
After hearing Mr. Welch~s proposal, Chairman Wilson
•
Minutes - Planing and Zoning Commission
November 7, 1985
Page 2
asked if anyone had any other questions.
Chairman Wilson asked if there was anyone else wishing to
speak in favor of this rezoning. No one did. He then
asked if there was any public input in opposition to the
rezoning. After no one had any input, Chairman Wilson
asked Mr. Paulissen, Chief Building Official, to summarize
their thoughts one more time. Mr. Paulissen only had a
couple of points to bring out; the fact that this would
have a significant impact on the Comprehensive Plan and on
the ability of surrounding property to develop as
residential if a commercial use were allowed. Heavy
equipment under the current ordinance, anything greater
than a small backhoe is prohibited in a commercial zone at
this point and time. Heavy equipment is not a use that is
allowed within the parameters of a commercial zone. Mr.
Paulissen indicated that much work has gone into the
Comprehensive Plan and the board has indicated to staff
that we should base our analysis on that plan.
Considering all the facts, staff recommendation was to
deny this request.
There were several comments made by Mr. Boyle and Mr. Ed
Murphree. Mr. Bobby Blackwell was concerned about. Spot
Zoning.
Chairman Wilson entertained a motion to deny the request
of H. Wayne Taylor. Motion passed with no opposition.
Assistant City Attorney John Armstrong explained the process
from this point for the petitioners.
He indicated that there would be a public hearing before the
City Council.
Item 2 was to Consider the request of Bill Hartman to
rezone 3.82 acres of the Enoch Brinson Survey from
commercial to industrial.
Chairman Wilson recognized Staff to make their
recommendation. Mr. Paulissen ,came forth and explained
the request. Indicated that under the new ordinance this
• area is proposed to be light industrial. Under the
current ordinance it must be zoned industrial to allow
this use. When compared with the Comprehensive Plan,
•
•
Minutes of Planning & Zoning Commission
Page 3
Staff finds that this use is favorable. It fits with what
the consultants have recommended. Based on this, staff
has no problem with this proposed rezoning. It does fall
within the parameters of the Comprehensive Plan for a
light industrial/industrial classification and keeping in
mind, a special use permit for this will have to be
granted by the Planning and Zoning Board of Adjustment.
Staff's recommendation is that this request be granted
based on its favorable comparison to the Comprehensive
Plan Use Plan.
After Mr. Paulissen finished his presentation, Chairman
Wilson asked if there was anyone present to represent this
rezoning. Mr. John Hesch with Barbours Cut Import Service
in La Porte, came forth and spoke on behalf _of Mr. Bill
Hartman.
• Commissioner Janet Graves was concerned about screening
for public view. Assistant City Attorney John Armstrong
elaborated on this point.
There was no one else to speak in favor or against this
rezoning. Chairman Wilson asked that Mr. Paulissen come
back and summarize this rezoning. He recommended this
request be granted with a note that a special use permit
still needs to be granted by the Planning and Zoning Board
of Adjustments.
Motion was made by Mr. Boyle that we accept Staffs
recommendation. Seconded by Mrs. Graves. Carried with no
opposition.
Public Hearing was Closed.
~4. Consideration of variance request for H. B. Zachary for
rear yard setback requirement.
Staff recommendation from Mr. Paulissen, Chief Building
Official, was to grant this variance request.
Mr. Armstrong discussed the variance procedure.
• Bobby Blackwell made a motion to accept the staff
recommendation. Seconded by Mr. Murphree. Motion carried
•
Minutes of Planning and Zoning Commission
November 7, 19$5
Page ~-
with no opposition.
5. Consider approval of final plat - Plane View Subdivision
Steve Veltkamp, Senior Engineering Technician made a
presentation on the final plat. He indicated that there
were no minutes from the City of Lomax Planning and Zoning
showing approval. However, Mrs. Betty Waters who was the
City Secretary for Lomax at that time was contacted and
she substantiated that Lomax did approve this subdivision.
This was also backed up by a letter from H. Carlos Smith,
Engineering Surveryors. Conversation with, Mrs. Waters
further determined that Lomax's ordinance at that time did
provide for street lighting, concrete streets with
curbland gutter and a stabilized subgrade for those
streets but it did not cover Sidewalks or deed
restrictions. This subdivision was partially built by
McKee Construction Co. who has returned to the commission
giving ,notice that, he would like to complete this
project. We have received plans and specifications from
rH. Carlos Smith which we are in the process of reviewing.
After reviewing this project, Mr. Veltkamp made a
recommendation that the commission grant conditional
approval for this subdivision
plat once the conditions on second page are met.
After discussion between Mr. Veltkamp and the Commission,
it was decided that because there was no preliminary plat,
to move this to the December meeting.
Chairman Wilson entertained a motion to move this item of
business to the December 5th meeting. Motion made by Mr.
Boyle, Seconded. by Mr. Murphree. Motion carried with, no
opposition.
Mr. Boyle and Mr. Blackwell told about their trip to Dallas
and what they learned at a seminar there.
6. There being no business, the meeting was adjourned at
Respectfully submitted,
Gwen, Vann, Executive Secretary
~i ~
•
AGENDA
PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTS PLANNING
AND ZONING COMMISSION TO BE HELD ON NOVEMBER 7, 1985, IN THE
COUNCIL CHAMBERS OF CITY HALL, 604 WEST FAIRMONT PARKWAY, LA
PORTS, TEXAS BEGINNING AT 7:.00 P.M.
1. CALL TO ORDER
2. CONSIDER APPROVING MINUTES OF REGULAR MEETING AND PUBLIC _
HEARING HELD ON OCTOBER 3, 1985.
3. PUBLIC HEARING CALLED TO ORDER
ITEM 1
CONSIDER REQUEST OF H. WAYNE TAYLOR TO REZONE LOT 716 LA
PORTS OUTLOTS 9.8071 ACRES IN FAIRMONT PARKWAY FROM
RESIDENTIAL TO COMMERCIAL, OR TO BE USED AS AN EQUIPMENT
RENTAL BUSINESS.
A THOSE FIISHING TO SPEAK IN FAVOR OF THE REZONING
• REQUEST.
B. THOSE WISHING TO SPEAK IN OPPOSITION TO THE
REZONING REQUEST.
r,~
ITEM 2.
CONSIDER REQUEST OF BILL HARTMAN TO REZONE 3.82 ACRES OF
THE ENOCH BRINSON SURVEY FROM COMMERCIAL TO INDUSTRIAL
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 SUBPIIT A RECOMMENDATION IN
WRITING TO CITY COUNCIL.
4. CONSIDER VARIANCE REQUEST FOR H.B. ZACHARY FOR REAR YARD
SETBACK REQUIREMENT SET FORTH IN THE DEVELOPMENT
ORDINANCE.
S. CONSIDER APPROVAL OF FINAL PLAT - PLANE VIEW SUBDIVISION
6. ADJOURNMENT