HomeMy WebLinkAbout08-25-1988 Public Hearing and Regular Meetingf•
a • • ~• •
AGENDA
P(LBT~,TSz HFQR•I,. EGULAR MEETING OF THE ~ L;l~ PORTS PLARIIJIIdG &
~ZO~TIJG COfTI`tISSI0A1 ~ 0 BE HELD ON AUGUST 25, 1988,rTI1-T~-7E COUfJCIL,
C•AA~~BF•R~OF-T•H :>~L-A P 0 R T E CITY H A L ;--6.6~--b~1-)~S-3'-`FAR P10 IJ T PARK 47 A Y, L A
PORTS, TEKAS, BEGIfJNING AT 7:00 P.M.
1. CALL TO ORDER
2. ADMINISTER OATH OF OFFICE TO NE[d PLANNING ARID ZOIdIIJG
COMhiISSIOfd Iv1EhIBER (J. ArmstronE)
3. CONSIDER, APPROVIfJG MIAIUTES OF THE JUNE 23, 1988 AfJD THE JULY
21, 1988 PLANNING AND ZONING CO1viMISST.ORI PUBLIC I-IEARINGS AND
REGULAR MEETINGS
4. CALL PUBLIC HEART_NG TO ORDER
A. CONSIDER REQUEST BY MC DONALDS CORPORATION TO AI`fEfJD
SECTION 10-1000, COMR7ERCIAL USE TABLE "B'~ OF ORDINANCE
1501 TO ALLOkr A MAvIf~IUM HEIGHT OF SEVERITY FIVE FEET
(75') FOR FREESTANDING OIv PREMISE ADVERTISIIJG SIGNS (J.
Albrecht/E. Griffith)
1. PROPONERITS
2. OPPONENTS
B. COA?BIDER REZONIIJG REC~UEST 88-003, EY FAIRI~tORJT PARK_ JOIIJT
VERJTURE AND J. P. JACKSON TO REZORIE A 6.5279 ACRE TRACT
OF THE W. 1~~. JONES SURVEY ABSTRACT 482 FROtf R-3, HIGH
DERJSITY RESIDENTIAL TO N. C . , RIEIGHBORHOOD CORIMERCIA.L .
(J. Albrecht/E. Griffith) •
1.. PROPOi1Et~?TS
2.. OPPOIJEIdTS
C. CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST 88-011,
-~BY J. P. JACKSON AI,ID FAIRI~IONT PART: JOINT VE11tTURE TO
ALLO[d COidSTRUCTIOi•~I OF A BOAT/R.V. STORAGE FACILITY TO BE
DEVELOPED IN THREE PHASES. PROPOSED DEVELOPf~EfdT TO BE
LOCATED 01d A 2.0279 ACRE TRACT OF TEIE [~J. f4. DORIES SURVEY
ABSTRACT 482. (J. Albrecht/E. Griffith)
1. PROPOR1EiJTS
2. OPPONER?TS
5. CLOSE PUBLIC HEARING
• ~•
8/21 /88 AGEP!DA P . 2
.~
6. CONSIDEP, RECOMI~IENDATIOfJ TO CITY COUA!CIL REGARDIf,IG Ai~•1Ef•-DII~G
SECTIOIJ 10-1000, COMMERCIAL USE TABLE "B" OF ORDIf?AIdCE 1501 ,
REGARDIIJG PIAXII~IUPf SIGf~I HEIGHT.
7. CONSIDER RECOf•1tiEIdDATIOfd TO CITY COUfdCIL REGARDITIG REZOfdII1G
REQUEST 88-003
8. CONSIDER RECOMA~ENDATION TO CITY COUAICIL REGARDI`]G SPECIAL
CONDITIONAL USE PERMIT APPLICATION 88-011
9. DISCUSS THE IIVSERTIOAi OF THE USE CLASSIFICATION OF
RECREATIONAL VEHICLES AfdD BOAT STOtiAGE IN THE ZONING
ORDINAIdCE USE TABLES.
10. REVIEI~7 II~!FORPIATIOid REGARDIAIG THE 198 TEXAS CHAPTER AMERICAN
PLAI~!IdII~iG ASSOCIATIOfI CONFERENCE AA!D SHORT COURSE (J.
Albrecht).
11. ADJOURNi~tEIVT
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STATE OF TEXAS
COUA]TY OF HARRIS
CITY OF LA PORTE
NOTICE OF MEETING
i
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning 0.°dinance, notice is hereby given that the
Porte Planning and Zoning Commi~ssionlwill conduct a public hearing
at 7:00 P.t9. on the 25Th day of~August, 1988, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of the Public Hearing is to consider a,p,ending
Section 10-1000 Commercial Use Table B of the City of La Porte
Zoning O!rdnanc~e~ Ordinance 1501, to allow free-standing on-premise
signs with a maximum height of 75 feet above adjacent grade in G.C.
General Commercial zones.
A regular meeting will be held following the public hearing
for the purpose of acting upon the public hearing item and conduct
other matters pertaining to the Planning and Zoning Commission.
Citizens wishing to address the Commission pro or con during
the°Public Hearing will be required to sign in before the meeting
is convened.
.` ,~
~._---:
;.: '
CITY-OF LA PORTE
Z~
Cherie Black
. - -~ City Secretary
•
LA PTE PLANNING & ZONING COMM~SION
:,
~; MINUTES OF
AUGUST 25, 1988
Members Present: Janet Graves, Chairperson, Bobby Blackwell, Inge
Browder, Charlie Boyle, Eugene Edrnonds, Lola Phillips
Members Absent: Jack Gresham
City Staff Present: Joel Albrecht, Director of Community Development,
Ervin Griffith, Building Official, Nina Browning, Community
Development/Engineering Secretary, John Joerns, Assistant City
Manager, John Armstrong, Assistant City Attorney
Others Present: J.P. Jackson, Eddie Gray, Janet Gray Warlich, Mike
Cooper, Councilman; Mike "Shipp, Councilman; Pepper .Massingill,
Representative for McDonald's; Carl Ferguson, President of the
Fairmont Park Homeowners Assoication; other interested citizens.
1. Chairperson Janet Graves called the meeting to order at 7:00 P.M.
2. The Oath of Office was administed to Eugene Edmonds, Commissioner
for District 3 by John Armstrong, Assistant City Attorney.
3. There was a motion by Inge Browder and a second by Lola Phillips
• to approve the minutes of the June 23, 1988 meeting. The vote was
unanimous.
There was a motion by Inge Browder and a second by Bobby Blackwell
that the minutes of the July 21, 1988 meeting be approved with the
following correction. The ~~ote was unanimous.
*CORRECTION: Inge Browder, District 2 Commissioner, was not sworn
in as stated on the July 21, 1988 minutes.
4. - Public Hearin:g.,aaas called to order at 7: 10PM
r .
(A) Consider request by McDonald's Corporation to amend Section
10-1000. Commercial Use Table "B" of Ordinance 1501, to allow
- a maximum height of seventy five feet (75') for freestanding
on premise advertising signs.
Those addressing the Board were as follows:
1. Pepper Massingill, Representative for t9eDonald's Corporation:
The Corporation feels they need the 75' sign allowance for
the. visibility of their sign. They will be located a block
off the main highway and will need the height to bring in
business from Highway 146.
. ® •
P & Z COMMISSIOfJ MEETING
MINUTES OF AUGUST 25, 1988
• PAGE 2
(B) Consider Rezoning Request 88-0003, by Fairmont Park Joint
~- --• Venture and J.P. 'Jackson to rezone a 6.5279 acre tract of the
• W:M•. Jones• Survey Abstract 482 from R-3, High Density
Residential to NC, Neighborhood Commercial.
Those addressing the Commission in favor of the request are as
•follows:
(1) Eddie Gray, Fairmont Park •Joint Venture: This rezoning
request is to allow Pir. Jackson to expand his
boat/recreational storage facility. Mr. Gray said he felt
there was a great need for this type of storage and it would
certainly benefit the area residents. They are reducing
their request to NC, Neighborhood Commercial from General
• = ' ' ~ Commerc~ial~, ~which• ismore restrictive;
(2) J•. •• P: Jackso~n~,•••~J:P.''s Service Center: The building he is
proposing would be the same as the one that is now on the
••• _ property: ••There •woul•d be no change-s ~in .height, etc.
- (3) Jody Seager, Fairmont Park: She wanted the Commission to
•• know •that ~ •t here ~ is, definitely _ a •ne•ed for the storage
• ~ ~ ~~facilities. ~ In~ he r+• area alone there are •many families that
need this type of storage.
(4) Gary Collins, Fairmont Park resident: In favor of the
• request.~~ He stressed the need for this type of storage
••- facility, saying there are none in the La Porte area.
At this•t•ime Mrs.-Gr-aves reminded•~the citizens that we were discussing
the request for the rezoning from R-3 to NC, Neighborhood Commercial;
we are not discussing the Special Conditional Use Permit at this
time. If anyone•'~el~se wanted to speak on the boat storage, please save
it until we get to the next item on the agenda.
Those who spoke in opposition of this rezoning were as follows:
(1) Carl Ferguson, Fairmont Park West Homeowners Association:
Mr. Ferguson said that the people that live in the immediate
area do not want to see anymore buildings of this type placed
there. He said they also complained of the loud speaker that
is used to page Mr. Jackson.
(C) Consider Special~Conditional Use Permit request 88-011, by
J.P. Jackson and Fairmont Park Joint Venture to allow
construction of a boat/recreational storage facility to be
developed in three phases. Proposed development to be
located on a 2.0279 acre tract of he W.P4. Jones Survey
Abstract 482.
~~ ~ • ~. o
P & Z COMMISSION h1EETING -.
MINUTES OF AUGUST 25, 19$8
• PAGE 3
Those.who.spoke in. .favor o.f.the request are as follows:
(1 ) Eddie Gray,, Fairmont .Park, ,Joint Venture: Asking •for, a..permit
for Phases II, III and IV. This will allow Mr. Jackson to
expand the facilities that already exist at the present site.
(2)_ J. P. Jackson, JP's Service Center: Mr. Jackson told the
Commission that he already had a list of people wanting to
use the storage facility as~ soon as they were built. He
would like to be able to expand as the needs arise.
(3) John Zemanek, Jr.,~~Fairmont Park resident, Board member of
the Homeowners Association: Speaking in favor of the requests
made by Mr. Jackson. There is a .big. need for this type of
storage~•in.our area: ~ ~ ~.
(4) Janet G. 4lar•l:i.ch, Fairmont ~ Park ..Joint .Venture:. In favor of
the expansion .of Mr..Jackson's storage .facility. Feels as if
this •is . an :e.xpans:ion. of ,~a successful bu.s.iness here in La
Porte and this is the type of growth we would like to have.
(5) Gary Collins,-Fairmont Park resident: .He wanted to restate
• that. there, is. a need for this --facility. and it would' help the
La Porte area. .. -...
Those.;speaking. in: opposition of~ this .Special Conditional Use
permit:
(1) Carl Ferguson, Fairmont Park West Homeowners Association: As
..• .. ~:,state.d:~ ear•l:i•e:r~, ;the,r..e.~:a•re several- •residents. in ,the Fairmont
.. . ~.• ~.....Park~ ~ area, that~~ are ,not pleased : with..the facility at all,
-•• ~ They- hav~e~ a-. problem with the way it looks, the .screening, the
• • burglar •~a~l•arm going off at different times, the PA system and
the taork that is done there from time to time. He feels it
is more a warehouse type facility instead of storage for
boat/recreational vehicles.
5.) The Public Hearing was closed at 7:32 PM
6.) Stafffs recommendation:
(A) Staff recommends an amendment to the interim sign regulations
to include a "Controlled Access Highway Zone" for signs.
Staff recommends further that a maximum height of sixty-five
(65') feet be considered and a width of five hundred (500')
feet be considered for each side of the controlled access
highcaay, as shown on the City of La Porte Thoroughfare Plan,
• as the limits of the Controlled Access Highway Zone. .
. P & Z COMMISSION MEE~NG ~ •
MI?dUTES OF AUGUST 25, 1988 ',
PAGE ~ ~~~
There was a motion made by Inge Browder and a second .by Eugene
Edmonds .to,recommend to City Council to amend. the interim sign
regulations as recommended by staff. The vote was 5 ayes and 1
absta:in....:...The. motion carried. •. ~ _ .
7. ) Staff~!s~.r.ecommendat.ion:.• :. ~ ... • . .
(B) 88-003 Zone change request - Approval of the request for
Neighborhood Commercial (N:C.) zoning on the 6.5279'ac're
tract by J.P. Jackson and Fairmont Joint Venture.
A motion was made by Charlie. Boyle and seconded by Inge Browder to
recommend to City Council the approval of the request on staff's
recommendation. The vote was 6 ayes. The motion carried. •`
8.) Staff~s.recommendati'on:
(C) 88-011 Special..Conditional U=se Permit = Grantthis permit
subject to the following conditions.
1 . ~_ The fa.cili~ty.~:::be screened in accordance with the
requirements of Section 6-600 A.
. 2...~ • The. landscape buffer 'de:vel`ope.d~ `to separate'ths facility
.from:~adjacent homesites shall consist of shrubbery a
• minimum of four feet (4') tall after planting and be
..... :.....:,spaced so: to~ create~~ a solid wall- of landscape.
3. Limit the Special Conditional Use permit to the parking
'• .. ~ .. of recreati:on~al :vehicles and boa"ts only.
4°.~.:. T.~he.: landscape ~bu~ffer ' shall' 'not be placed on any
. -. ,• easement . ~ • • ~ ~ ~ ~ ...
. ~, ~^ ..
A motion was made key Charlie Boyle and seconded by Inge Browder to
recommend to City Council approval of the Special Conditional Use
Permit with staff's recommendation and including the condition of the
use of loud speaker. Vote was 6 ayes. The motion carried.
9.) DISCUSS 'THE INSERTION OF THE USE CLASSIFICATION OF RECREATIONAL
VEHICLES AND BOAT STORAGE IN THE ZONING ORDINANCE USE TABLES.
Joel Albrecht told the Commission that the Zoning Ordinance does
not have a line item listing for recreation vehicles/boat storage
facilities. This is an item we can only discuss .tonight, but no
action can be taken, this would require a public hearing. The
staff would like to get direction from the P & Z Commission as to
placing a notice in the newspaper calling for a public hearing to
• consider placing this line item within the zoning ordinance.
.~
P & Z COMMISSIOtd MEE~NG •
MINUTES OF AUGUST 25, 1988 ~~.
PAGE 5 ~`s
A motion was made by Inge 'Browder and seconded by Charlie.. Boyle to
call. for a .public hearing , for. ,the insertion of .recreational
vehicles/boat storage~•into the Zoning Ordinance Use Table. Vote
was 6~ayes. The.motion.carried.
10) -1988 Texas Chapter American Planning Association Conference and
Short Course:.
Staff recommends that the Commissioners plan to attend this
conference if at all possible. This year it will be held in
Houston from October 5th-8th. Most of the commissioners said they
would like to attend. Eugene Edmonds said he would have to let us
know at a later date.
11) A motion was made by Charlie Boyle and seconded by Bobby Blackwell
to-adjou~rn. The meeting adjourned at 8:20 PM.
Respectfully submitted, ..
. .
Ni a Browning, Secr tary
Minutes approved th'e ~~"day~ o~f~ ~ ~ .~, 1988. .
Jan Graves,:' .Chairperson ~ '.: .. .. ..
..T. •~r
r
8/26/88/neb
~,X:: e
•
Oath of Office
City of La Porte
Planning & Zoning Commission
"I. ~'-~~ ~-~ do solemnly swear (or affirm),
that I will faithfully execute the duties of the office. of ~~ a ~u
~1~~~~~w-~~ct.~~~ of the City of La Porte, State of Texas, and
will to the best of my ability preserve, protect, and defend the
constitution and laws of the United States and of this state and the
Charter and ordinances of this city; and I furthermore solemnly swear
(or affirm) that I have not directly or indirectly paid, offered, or
promised to contribute any money, or valuable thing, or promised any
public office of employment, as a reward to secure my appointment or
the confirmation thereof. So help me God."
STATE OF TEXAS §
5
COUNTY OF HARRIS §
SWORN TO AND SUBSCRIBED BEFORE ME on thi
1988, to certify which witness my hand an
~^* JOHN ~. ARMSTRON~3
+~ ~" Notary Public 6n and for the
State of Texas
~+ ~ :>~ My Commission Explres~ OB-08-90
he ~ day of August,
•
August 25, 1988
#88-011
• PLANNING & ZONING COMMISSION
PUBLIC HEARING
SPEAKERS SIGN-IN SHEET
All speakers will be limited to five minutes.
Consider JP Jackson/FP Joint Ventures Special Conditional Permit
Application for the construction of
a,6oat/R.V. Storage facility to be developed in three phases. Located on a 2.0279
acre tract of the W.M. Jones survey, abstract 482.
1.
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2. ~ ~~
• 3.
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5.
6.
7.
8.
9.
10.
11.
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13.
14.
15.
0
C~
AUGUST 25, 1988
• #88-003
PLANNING & ZONING COMMISSION
PUBLIC HEARING
SPEAKERS SIGN-IN SHEET
All speakers will be limited to five minutes.
Consider JP Jackson/FP Joint Venture request to rezone 6.5279 Acre
tract of the W_M. ,]ones $I1rVPV Ahstract 4R~ from B_3 to N-C-
:~
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15.
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August 15, 1988
,
Tvpe of Request:
Amendment to Ordinance 1501, Section 10-1000,
Commercial Use Table "B"
Requested By:
Mr. Pepper Massingill
Corporation
representing McDonald's
Background:
Commercial Use Table "B" of Section 10-1000, Ordinance 1501
restricts the height Df on premise freestanding advertising signs (in
both N.C. and G.C. zones) to forty five feet (45') as measured from.
adjacent grade (See Exhibit A). This corresponds with the maximum
allowable height for all other types of structures located in
Neighborhood Commercial (N.C.) a'nd General Commercial (G.C.) zones.
McDonald's Corporation is requesting that the City's Zoning
Ordinance be amended to change the allowable height of freestanding,
on premise advertising signs, located in G.C. zones from forty five
(45') to seventy five (75') feet (See Exhibit B).
Analvsis:
McDonald's is proposing to locate a new restaurant at the corner
of West Fairmont Parkway and South 8th street. This site is located
one block east of Hwy. 146. They contend that a forty five foot (45')
sign is not tall enough to be seen by motorists traveling along Hwy.
146. McDonald's concern is that a driver be able to see their sign in
time to exit the freeway (See Exhibit C).
To suppo rt the i r con ten tion , McDonald's set a crane on the i r
restaurant site and suspended a sheet of plywood at various
elevations. The plywood was then observed and photographed from Hwy.
146 (See exhibits lIDlI through "I"). Exhibits liD" (height 45'), "E"
(height 65') and "F" (height -75') were photographed from the
southbound side of the freeway at a distance of approximately four
thousand, seven hundred feet (4,700') north of Fairmont Parkway (See
exhibit C). Exhibits "G" (height 45'), "H" (height 65') and "I"
(height 75') were photographed from the northbound side of the freeway
at distances between two thousand (2,000') and three thousand (3,000')
feet south of Fairmont Parkway (See Exhibit C).
Sign Amendment Report 2
From the northern approach, a fifty five foot (55') sign is
clearly visible in time to exit the controlled access highway. From
the southern approach however, a sign height of sixty five feet. (65')
appears to be warranted in order to be seen above existing visual
obstructions.
The interim sign regulations limit all signs to a height of forty
five feet (45') regardless of the zoning classification.
As we consider the request of McDonald's, we need to think of the
options available for consideration. They are as follows:
1. Increase the height limits of all signs in all zoning
classifications.
2. Increase the height limits of signs for only the General
Commercial zones.
3. Establish a "Controlled Access Highway Zone" where signs
might be higher.
4. Maintain status quo and do nothing.
Staff would prefer to consider option number three (3) since it
would. be able to be incorporated into a future comprehensive sign
ordinance. The basic reason for a business to be located on or near a
freeway is two fold - accessibility and visibility. Limitations must
be placed for the width and height of the corridor or else there will
be additional requests in both areas.
The sign survey conducted by McDonald's and members of the
Planning and Zoning Commission reflect the Visibility of a sixty five
foot (65') sign. This height would be compatible with other signs in
the area such as Burger King's sixty five feet (65'), La Quinta's
fifty feet (50'), Texaco's sixty seven feet (67'), and Shell's eighty
feet (80'). A height of seventy five feet (75') as requested would
alter the skyline along the controlled access highway frontage.
As we consider option number three (3) further, a maximum width
should be considered. The staff would recommend a five hund red foot
(500') width measured from each right-of-way line of the controlled
access highway. This would allow development of lots located one (1)
block off the freeway wich uses like McDonald's only if the sign was
located at the rear of their lot.
This offers an approach to solving the sign problem along the
controlled access highways without raising the heights of signs in all
the comme rc ial and indust ri al zoned areas. Fu rthe r, the Cont rolled
Access Highway Zone may provide the Planning and Zoning Commission
with a tool they are comfortable with until work on the sign ordinance
is resumed.
Sign Amendment Report 3
Staff would not recommend the increasing of the sign heights in
the other zoning classifications (as suggested in options one through
two (1-2) since there could be a negative impact on the residential
areas adjacent to many of the Neighborhood and General Commercial
zones.
The proposed Controlled Access Highway Zone for signs would apply
only to the commercial and industrial zones and not to the P.U.D. zone
or to any residential zone. In the P.U.D. zone the height of signs
would be established by the Planning and Zoning Commission and the
City Council. In the residential zones the height of signs would be
controlled by the zoning ordinance.
Conclusion:
Staff agrees with McDonald's that a visibility problem exists
with our sign limits and would recommend that the Planning and Zoning
Commission consider an amendment.
Recommendation:
Staff recommends an amendment to the interim sign regulations to
include a "Controlled Access Highway Zone" for signs. Staff
recommends further that a maximum height of sixty five feet (65') be
considered and a width of five hundred feet (500') be considered for
each side of the controlled access highway, as shown on the City of La
Porte Thoroughfare Plan, as the limits of the Controlled Access
Highway Zone.
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USES (SIC CODE #)
-91-
COMMERCIAL USE TABLE A
CR
Freestanding On Premise Signs
Uses
(5)
Min.
Land-
scaping
Rea.
Freestanding
On Premise
Signs
N/A
Footnote:
COMMERCIAL USE TABLE B
Max.
Lot
Cov.
( 1 , 3 , 4 ,6)
Min.
Yard
Setbacks
F. R. S.
ZONES
NC
P
(2,6)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
0-5-5
GC
P
Max.
Height
45 Ft.
6. No sign shall be located in sight triangle so as to obstruct
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
J=VI-HBIT A
N/A
0-0-0
AECEIVEOn A
f}" 4- I Be ~'LfO
COMM. OEV.
\~cDon<lid's Coroorat:on
3707 FiJ1 1960 'NF:st
Suite 300
Houston, Texas 77C68-3S50
713/580-3322
L1cDonaBd's
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August 3, 1988
Mr. Joel Albrecht
city of La porte
604 W. Fairmont parkway
La porte, TX 77571
Dear Mr. Albrecht:
Thank you again for the time you and the members of the
Planning and Zoning Committee spent with me Tuesday. It
appears that we are in agreement concerning the need to
amend the sign ordinance in La Porte.
By this letter I would like to formally request an amendment to
the sign ordinance to allow McDonald's to construct a sign at a
height of 75 feet. After reviewing the sign survey it was
determined that 75 feet is the height that would supply us with
the visibility necessary to attract customers from the freeway.
Your cooperation and assistance in this amendment will be
appreciated. If there are any further questions concerning
this matter, please do~'t hesitate to call me.
Best regards,
~;xu~~~
Pepper Mas ingill
Real Estat Representative
ml:8649A
EXHIBIT B
\ l: I 615 If ~~ rF ' jj9 i 1:51 I "'"
T. .. [~
~ roo j
. -,:,: 97 911 R.2
\ .
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CO ~~~
C I 9 96 !I!I
i
. ~ .. ITTI...
C 1 -
II: R-I
674 675 676 677 ~ :ii 682 , 73 74 ~ LA POR
~
~ .. All&ft!l
- L~'
1\ 690 .j )72
692. .j
6!l5 694 693 6891 688 687 686 ' 685 71
!; ~ P-- u - ~
710 711
712
~~14
715
716
717
718 71
7\0
49
50
--
~'GC
.. \
755 :4 '. 756 1,\5
~~ \
759 758 _ ~ 24
ST. 0 po, ':-,
.,. ~ ,
790 791 792 1
~~
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724
731
no
729
:; ST.
Z
..
....
752
-
: LI
l~
I r-o- "T.
/ 797
~ Sl.
761
788
796 795 794 793
~_:
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-,
I
II
828
823 824
825
.
r -......h
83\ e~3
I
LI
829 44
832
HI
:
60 lI6l
864 1'1
.
H ST.
869
868
867
866
865 '68
4C.
5AC.
r
5AC.\
896
897
898
899
900 169
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GC
1140 1139 1138
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3
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Photo Sites
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'i
Propsed Restaurant Site
.
EXHIBIT C
I 111202 1201 1200
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\194
1193 1192 119\
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1203 1204
1205
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Apvlication: No. 88-003
Tyve of Request: Rezoning from R-3, High Density Residential to
N.C., Neighborhood Commercial
Requested For: A 6.5279 acre tract of the W. M. Jones Survey,
Abstract 482 (Meets and Bounds description
attached, see Exhibit A). Located at 9800/
9900 Block of West Fairmont Parkway (See
Exhibit B).
Requested By: Fairmont Park Joint Venture & Mr. J. P. Jackson
Backp:round:
This rezoning request i~ in an area where several changes in the
zoning on property have taken place in the past twenty (20) months, or
since the adoption of Ordinance No. 1501.
The initial change in the zoning took place on August 10, 1987
ltJhen the C it Y Cou nc il re zoned a sma 11 tract of I and to Ne ighborhood
Commerc ia I and issued a Spec ia 1 Cond it iona 1 Use perm it for
Recreational Vehicle and Boat Storage. The action of the City Council
left an "island" of Neighborhood Commercial (N.C.) zoning with a tract
of land occupied by a Gulf service station and a car wash, zoned High
Density Residential (R-3), lying between the approved Recreational
Vehicle and Boat Storage facility and Fairmont Parkway.
The tract of land, with its lezal non-conforming use, was rezoned
from High Density Residential (R-3) to Neighborhood Commercial (N.C.)
du ring the fir st rev ievl of the zon ing ord ina nee and _zon ing map . At
the same time the zon ing on another small tract of land located
immediately west of the Gulf service station and car wash was rezoned
from High Den s i ty Res ident ia I (R- 3) to Ne ighborhood Commerc ia 1
(N.C.). This was done to eliminate an island of Neighborhood
Commercial (N.C.) surrounded by High Der.~ity Residential (R-3) and to
connect the Neighborhood Commercial (N.C.) zoned property to the
remaining N.C. zoned property that extended to Underwood Road.
The next activity included a request to change a 13.52 acre tract
to General Commercial (G.C.). The tract of land included land
starting at the east side of the Gulf service station and extending
west to Underwood Road and north to the Fairmont Park subdivision.
This request was amended to include an additional 4.5 acre tract of
land located east of the Gulf service station and extending east to
Reid Elementary school.
The request for the entire 18.02 acres was reviewed by the City
Council at their meeting dated August 8, 1988. At that time the City
Council denied the request for General Commercial (G.C.) zoning.
,
~.P.J.V. & Jackson Rezoning Con't....
Page 2
The tract being considered for rezoning includes 2.0279 acr'es
intended for an expansion of Hr. Jackson' s Recl~eat ional Vehicle and
Boat Storage facility. A Special Conditional Use (S.C.U.) Per'mit
applicatj_on to permit this expansion has been filed. This S.C.U.
Permit application cannot be considered unless the requested rezoning
is granted. The applicants propose a professional office use for the
remaining 4.50 acres (See Exhibit A).
Analysis:
In considering a rezoning request, the Commission is charged to
consider the following questions:
1. Is this request in conformance with the intent of
the City's Comprehensive Plan?
2. If the request is not in conformance with the Compre-
hensive Plan's intent, have there been sufficient
changes in the circumstances surrounding the tract
in question to warrant a change in the Plan?
In consldering the first question, the City's Land Use Map
indicates a mixed use for this area (see Exhibit C).
The application, if approved, eliminates the R-3 zoning adjacent
to the elementary school but retains the R-3 zoning extending westward
to Underwood Road.
In considering Mr. Jackson's initial rezoning request (D1501-A),
the City Council expressed concern that the integrity of the remaining
R - 3 tJ~ act be pre s e r v e d and the r e z 0 n in g not b e use d a sa" s t e p pin g ,.
stone" to future rezonings that would further reduce the remaining R-3
tract (Minutes of City Council Public Hearing, August 10, 1987,
Exhibit D).
The integrity of the remaining R-3 tract would be preserved
although the applicant has expressed a desire to consider rezoning the
remaining R-3 land to some form of commercial zoning in the future.
In considering the second question, as to whether a change to the
Comprehensive Plan is vrarranted, a revie1.v of the applicants'
development sketch plan is in order.
The development sketch plan submitted with the application
proposes to continue the expansion of the Recreational Vehicle and
Boat Storage facility in phases and doesn't speak to the development.
of the 4.50 acre tract to the east except that the best and proposed
use is that of professional offices. Currently there are no plans for
development of the site.
The recent zoning changes in the general area of this request and
the resulting development does change the Land Use conditions that
existed at the time the Comprehensive Plan was developed.
t.P.J.V. & Jackson Rezoning Con't....
Page 3
Conclus:ton:
The changes in zoning on property in the area of the request and
the resul t ing development of the property with Recreat ional Vehicle
and Boat Stol~age facilities along with the service station and car
wash have realistically cut the two (2) tracts under consideration off
from the rema in ing R-3 zoned land. Prev ious rezon ings and sales by
the landowner have created a boundary condition of R-3 against N.C. on
three (3) sides. This situation may make it more difficult to attract
a quality R-3 project.
Staff does feel there is sufficient information to warrant
consideration for a change in zoning classification.
Recommendation:
Approval of the request for Neighborhood Commercial (N.C.) zoning
on the 6.5279 acre tract.
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