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HomeMy WebLinkAbout07-16-1987 Public Hearings and Regular Meeting<- AGENDA PUBLIC HEARINGS AND REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION TO BE HELD JULY 16, 1987, IN THE COUtdCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING~AT 7:00 P.M. 1. CALL TO ORDER 2. ADMINISTER OATH OF OFFICE TO NEW MEh1BER 3. CONSIDER APPROVING MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING HELD APRIL 2, 1987 4. CALL PUBLIC HEARINGS TO ORDER A. RECEIVE INPUT ON ZONE CHANGE REQUEST FROM EDDIE GRAY/ J. P. JACKSON FOR 140' BY 165' TRACT OUT OF W. M. JONES SURVEY A-482, CHANGE FROM R-3 TO GC B. RECEIVE INPUT ON SPECIAL CONDITIONAL USE PERMIT FROM NEW JERUSALEM CHURCH OF GOD IN CHRIST TO ALLOW EXPANSION OF A RELIGIOUS INSTITUTION IN AN R-1 ZONE 5. CLOSE PUBLIC HEARINGS • 6. DISCUSS IMPACT OF THIS ZONE CHANGE ON THE COMPREHENSIVE PLAN 7. DISCUSS AMENDING THE COMPREHENSIVE PLAN 8. CONSIDER RECOMMENDATION FOR ZONE CHANGE FOR EDDIE GRAY J. P. JACKSON 9. CONSIDER RECOMMENDATION FOR SPECIAL CONDITIONAL USE PERMIT FOR NEW JERUSALEM CHURCH OF GOD IN CHRIST 10. DISCUSS 6-MONTH REVIEW PROCEDURES FOR DEVELOPMENT ORDINANCE AND ZONING ORDINANCE 11. ADMINISTRATIVE REPORTS 12. ADJOURNMENT r ~: u ~ • STATE ~OF' TEXAS COUNTY OF HARRIS CITY OF LA PORTE MEETING NOTICE • Notice is hereby given that the La Porte Planning and Zoning Commission will conduct two public hearings at 7:00 P.M. on the 16th day of July, 1987, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the City of La Porte Zoning Ordinance, Ordinance 1501. A regular meeting will be held following the public hearings for the purpose of acting upon the public hearing items and conduct other matters pertaining to the Planning and Zoning Commission. A copy of the agenda is attached to this notice. I hereby certify that I posted this notice on the bulletin board located at a place convenient to the public in the City Hall of the City of La Porte at 5:00 P;M. on the 9th day of July, 1987, that said notice was posted for at least the three days preceding the day of the meeting, that such notice was posted before the meeting was convened, or called to order, and that said meeting was called because of an emergency of urgent public necessity. Witness my hand and the Seal of the City of La Porte, this the 9th day of July, 1987. ' .., ,~. ` ~. ~ ~. '. ., ' ~ ~' , ~ ~ CITY OF LA PORTE ~~- Cherie Black City Secretary r - r ~~ THE STATE OF TEXAS X •• COUNTY OF HARRIS X CITY OF LA PORTE X NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the Zoning Ordinance of the City of La Porte, a public hearing will be held by the La Porte Planning and Zoning Commission at 7:00 P.M. on the 16th day of July, 1987, to consider a zone request from R-3 High Density Residential zoning to GC General Commercial zoning for a 165 x 140 tract out of W. M. Jones Survey, A-482. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas. Letters concerning this matter should be addressed to the City Secretary, P.O. 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 i Cherie Black ~~, City Secretary '~ .. ;'~ . •'' ~ , ~ , C~s~ • THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA PORTE X NOTICE OF PUBLIC HEARING .. s• In accordance with the provisions of Ordinance 1501, the Zoning Ordinance of the City of La Porte, a public hearing will be held by the La Porte Planning and Zoning Commission at 7:00 P.M. on the 16th day of July, 1987, to consider a Special Conditional Use Permit for a Church expansion on Block 62, Lots 17, 18, 19 and 20, Town of La Porte, Harris County, Texas. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas. Letters concerning this matter should be~addressed to the City Secretary, P.O. 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 ~~~~ . ~ Cherie Black City Secretary r r LA PORTS PLANNING & ZONING COMMISSION PUBLIC HEARING MINUTES MEETING OF JULY 16, 1987 Chairman Doug Latimer called the meeting to order at 7:00 PM Members Present: Chairman Doug Latimer, Commissioners Bobby Blackwell, Lola Phillips, Janet Graves, Inge Browder, Charles Boyle, Jack Gresham. City Staff Present: Mark Lewis, City Inspector, Tim O'Conner, Parks & Recreation, John Armstrong, Asst. City Attorney. Others Present: J.P. Jackson, Rev. Arthur Haggerty, Carl Ferguson, President, FPW-CIA. The first order of business was to administer the oath of office to Mr. Jack Gresham, the newest member. This was done by John Armstrong, Asst. City Attorney. Next order of business was to approve the minutes of the Public • Hearing and meeting held on April 2, 1987. A motion was made by Bobby Blackwell to accept the minutes as read, seconded by Inge Browder. Minutes were approved as read. At this time, Chairman Latimer called to order a Public Hearing to receive input on a zone change request from Eddie Gray and J. P. Jackson for 140' x 165' tract out of W.M. Jones Survey A-482. They wish to change it from an "R-3" to G.C. At this point the floor was open to the public for anyone to speak in support of this change. J. P. Jackson, owner of JP's Service Center, he explained what he was asking .for - the north backside of the property adjoining his property (140' x 165') to be changed in zone from an "R-3" to G.C. in order for him to build a building for the game wardens to store their boats. The building erected will meet all City codes and the cyclone fence with shrubbery will enhance the value of the property and cause a more secure feeling around the neighborhood. He stated he felt it was to everyone's interest in the area to approve this zone change. Next to speak was Carl Ferguson, President of the Fairmont Park West Community Improvement Association - He stated that Mr. Jackson had explained to the association what his intentions were in regards to the property. After a board meeting they discussed the plans and came to the conclusion that this would be in the best interest for the community and they are also requesting the re-zoning of the property. • See attached copy of resolution adopted by the association. • o • Planning & Zoning Meeting Minutes of July 16, 1987 Page 2 On the agenda next - Consider recommendation for Special Conditional Use Permit for New Jerusalem Church of God In Christ. Speaking for the Church was Rev. Haggerty, Pastor. They are wanting to get permission to build a multi-purpose building at the present location of the Church. This will be a recreational/education building and they also are proposing a parking lot adjacent to their existing facility. At this point, Chairman Latimer closed the public hearing. The next item on the agenda was to discuss the impact of the zone change on the comprehensive plan. Chairman Latimer called on Mark Lewis, Inspector, to go over the zone change that Mr. Jackson has requested in reference to the comprehensive plan. Mark explained that the use for the tract would be for boat and recreational vehicle storage; review of the City Ordinance use table and the SIC Manual has not yielded a specific use number for this type of facility. There are some use numbers that could be applied to this type of establishment, they are ~~4222/~~4226 which is listed as Public Warehousing, these uses • are permitted in B.I., L.I. H.I. zones. Another use number that might be applied is 44469, which is Water Transpertation Services, this use number specifically includes storage and repair of boats, but is not listed anywhere in the zoning ordinance. We have not found any use listing for R.V. storage. Table 6-400 of the ordinance does list open and outdoor storage as a G.C. use, subject to the requirements of 6-600(b), which are the screening from public view requirements. Because this proposal does fall into a gray area of the ordinance, we are first going to ask you, as the P & Z Commission, to determine the suitability of this use for a G.C. zone. In making this determination you might wish to refer to Section 301 of the Zoning ordinance; this is the G.C. purpose section of the ordinance. Section 4-200 addresses the non-conforming uses, which you may also want to refer to. Another section applying is Section 4-202 on non-conforming uses. Mark informed the committee that with the new zoning request, the property would be bordered on four (4) sides by "R-3" property, this situation is usually termed as "Spot Zoning" and is normally considered to be a poor zoning practice. In conclusion, the request is not in conformance with the land use plan, this land would become an island of "GC" with an "R-3" zone. This zone change request does appear to be contrary to the intent stated for non-conforming uses. Based on the information there is no technical support for this proposal zone change request. Chairman Latimer asked John Armstrong, Asst. City Attorney to bring up a few points on "Spot Zoning". Mr. Armstrong quoted from a legal • book "once a zoning ordinance has been adopted, problems arise with regard to changing it or granting relief from it's provisions. Such relief for changes often give rise to allegations of "Spot Zoning". "Spot Zoning" by definition is invalid, because it amounts to an arbitrary copious and unreasonable treatment of a limited area within a particular zoning district, as such it departs from the comprehensive plan. It singles out a parcel of land for special treatment or • • Planning and Zoning Meeting hiinutes of July 16, 1987 Page 3 privileges, not in harmony with the other use classifications in the area and without any apparent circumstances which call for different treatment. "Spot Zoning" almost always involves a single parcel or at least a limited or small area. An allegation of "Spot Zoning" may arise from situations involving amendments to the ordinance, variances, special use permits or special exceptions or similar devices discussed in a later section". "Allegations of "Spot Zoning" are defended against with contentions that the change is in accord with the Master Plan, that conditions in the area have changed drastically since the Comprehensive rezoning, thereby justifying the change to the parcel or parcels involved, that the original zoning was clearly erroneous because the parcel, which they are seeking rezoning, is afflicted by some condition unique to that parcel which justified the change and that the change meets the criteria of the zoning ordinance, allowing a conditional use permit or special exception and that the zoning as present would be an unreasonable hardship to the land owner unless the change was granted, in case of a variance. Mr. Armstrong stated that this is basically what they are dealing with. One requirement for making a determination on any zoning change is that a look be taken at the comprehensive plan and the land use plan and that those be amended or considered to be amended before making the actual suggestion for amendment on the zoning map. Discussion on the above matter took place at this time. The board took a vote and unanimously determined that indoor and outdoor storage of boats and R.ll.'s with proper screening was an appropriate G.C. use for this location. This use was not keyed to a SIC number. Rezone to G.C. - Request was denied 5 to 2. Passed on to City Council for final decision. Next on the agenda was the Special Conditional Use Permit for the New Jerusalem Church of God - 210 W. Pollc St, zoned as "R-1". They are proposing to build a new recreational/education building and parking lot located adjacent to their existing facility. Section 5-600, Table A lists religious institutions as a conditionally permitted use in "R-1" zones. This use must meet the requirements of Section 5-800(a). They also requested a Special Exception to setback requirements for their new building. This request will be decided by the City's Zoning Board of Adjustments. Subject to the church's special exception request being granted and their compliance with Section 5-800(a) of the Zoning ordinance, staff recommends that this special conditional use permit be granted. A motion was made and seconded for the recommendation of the special conditional use permit to be approved. ® • • Planning and Zoning Meeting Minutes of July 16, 1987 Page ~4 Next was the discussion of the 6-month review procedures for Development ordinance and Zoning ordinance. The review is to begin on August 1st and be done by November 1st, including the public hearings. Meetings will be held on the 1st and 3rd Thursday of each month. The scope and procedures of the review were discussed in general terms. Administrative reports - Tim O'Connor made a presentation to the Commission and updated them on the progress of phase I and II of Central Park, at Little Cedar Bayou and Northwest Park. Motion was made and seconded to adjourn the meeting. There being no further business, the meeting adjourned at 8:55 PM. Respectfully submitted: Nina ergeron, spection Secretary • Passed and Approved th's he ~ day of ~, 1987• ~~ oug L imer, Chairman /nb 8-10-87 •