HomeMy WebLinkAbout03-16-1989 Public Hearing and Regular MeetingMembers Present:
MINUTES OF
Members Absent•
MARCH 16, 1989
City Staff:
Others Present•
CALL TO ORDER
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PLANNINNG & ZONING COMMISSION MEETING
PUBLIC HEARING & REGULAR MEETING
Chairperson Janet Graves, Commissioners Charles
Boyle, Jack Gresham, Eugene Edmonds, Inge Browder,
Bobby Powell.
Commissioner Lola Phillips
Director of Community Development Joel H. Albrecht,
Building Official Ervin J. Griffith, Assistant City
Attorney John Armstrong, Secretary Martha Sanders.
Jan Stevenson, and one other citizen.
Chairperson Janet Graves called the meeting to order at 7:02 P.M.
APPROVE MINUTES OF FEBRUARY 23, 1989
A motion was made by Eugene Edmonds and seconded by Charles Boyle to
approve the minutes of the February 23, 1989 meeting as presented.
The motion carried with a unanimous vote.
Mrs. Graves announced to the Commission that the Sign Ordinance was
approved by Council on March 13, 1989.
OPEN PUBLIC HEARING
Chairperson Janet Graves called the Public Hearing to order at 7:05
P.M., regarding Rezoning Request R89-001. The floor was then opened
for comments.
CONSIDER REZONING REQUEST R89-001
Joel Albrecht, Director of Community Development, opened the
discussion with a review of the request. This request is from Pecan
Plantation Mobile Home Park to change 4.049 acres of their property
from MH (Mobile Home) to GC (General Commercial) zoning. Location of
the property is located in the 8900 block of Spencer Hwy. In
reviewing the Master Plan, it was determined that this area was left
as MH. At the time of the Zoning Ordinance there was a mobile home
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sales lot located in this area. This request would not be
inconsistant with the overall master plan. It is recommended by staff
S that the request be granted.
Mr. Bob Murano, General Manager of Pecan Plantation, spoke on this
matter. He stated that the request of GC was so that they could lease
out the area to the east for rental of recreational vehicles. There
is an area of about 4 acres that is not being profitable. This change
will allow them to increase their profitability as a corporation.
There is no plan for new mobile home sales. Mr. Murano stated that he
did not understand the landscaping requirements, but that they will
abide by whatever is required.
No one spoke in opposition of the request.
CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST SCU89-001
Mrs. Graves then opened the floor for discussion of the Special
Conditional Use Permit Request SCU89-001.
Mr. Albrecht pointed out to the Commission that the area for this
request is located in the southwest corner of the property. This area
is to be used for storage of boats, campers, and recreational vehicles
(Exhibit B). The surface is asphalt, screening will be required, and
lighting should comply with current zoning laws. No repair or
maintenance can be done on any boat, automobile, or recreational
• vehicle. If these conditions are met, staff recommends approval of
the request. The proposed area is approximately 125' X 50'.
Mr. Murano added that the proposed area is for tenants in the mobile
home park to park their boats, campers and recreational vehicles in a
secured area. He also emphasized that no mechanical work will be
allowed. This wi].1 allow tenants to park these type vehicles in a
secured area and get them out of the park itself. This will help in
public relations inside the park between tenants and management,
No one spoke against the request.
COSE PUBLIC HEARING
Chairperson Graves declared the public hearing closed at 7:20 P.M.
CONSIDER APPROVING REZONING REQUEST R89-001
Charles Boyle made a motion to grant the rezoning request by Pecan
Plantation Mobile Home Park. There was a second by Jack Gresham. The
motion carried by a unanimous vote.
CONSIDER APPROVING SPECIAL CONDITIONAL USE PERMIT SCU89-001
In reference to request SCU89-001, Eugene Edmonds made a motion to
deny this request, a second by Inge Browder. Bobby Blackwell opened
the floor for discussion before a vote was taken. Mr. Blackwell
stated that the area in question is only a small area and that with
proper screening he could see no problem. Joel Albrecht took the
floor and informed the board that under staff's recommendation with
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proper screening on the front and sides this request would be in
compliance with the current zoning laws. Mr. Charles Boyle stated
that with proper screening it would be okay. Mr. Albrecht also
clarified that 696 of the GC Zone would be landscaping, the screening
would not be counted in the 6~ requirement.
Chairperson Janet Graves then asked for a vote. Inge Browder and
Eugene Edmonds voted for. Charles Boyle, Jack Gresham, Bobby
Blackwell Voted against. The motion failed.
Bobby Blackwell made a motion to approve the request under specific
guidelines. Those guidelines being: (1) This request is granted for
the southwest corner as indicated in Exhibit B and (2) the landscaping
requirements include 6~ of the GC area and 6% of the SCU area (approx.
125' X 50'). Mr. Eugene Edmonds seconded the motion. Janet Graves
then requested a vote. Charles Boyle, Jack Gresham, Eugene Edmonds
and Bobby Blackwell voted for the motion; Inge Browder opposed. The
motion carried.
It was then determined that the General Commercial request (R89-001)
and the Special Conditional Use request (SCU89-001) would go before
City Council of the City of La Porte on April 24, 1989.
DISCUSSION OF COMPREHENSIVE PLAN REGARDING BAYMUD AREA
Mr. Albrecht noted the State Law governing zoning requirements of a
newly annexed area. The law gives 180 days for rezoning of these type
® areas. There was a temporary zoning of R1 until the zoning could be
determined. The 180 day period ends on June 28., 1989. The latest
possible date for City Council to hold a public hearing would be June
5, 1989.
The tentative timetable for such meetings will be as follows:
April Meetings of Planning & Zoning Commission
April 6, 1989 - Workshop
April 20, 1989 - Public Hearing
May 4, 1989 - Recommendation to City Council
May Meetings of City Council
May 15, 1989 - Workshop
June 5, 1989 - Public Hearing & Adoption
Mr. Albrecht also pointed out that in considering the rezoning of the
BayMUD area the Commission should consider Utilities, Highways, and
Parks to tie in with the Comprehensive Plan of the City of La Porte.
During the workshop portion of the meeting the Board looked over maps
of the BayMUD area. It was determined that a tour of the area would
be extremely helpful for all board members. A tour date was set for
Wednesday, March 22, 189 at 3:00 P.M.
• DISCUSSION OF ISSUES TO BE CONSIDERED ON THE ZONING ORDINANCE REVIEW
Mr. Albrecht reminded the Board of the annual Zoning Ordinance review.
He urged the board members to review the ordinance for grammatical
errors and to look at different parking lots in the area; the
screening of parking lots needs to be reviewed. He also asked the
board to consider the rezoning of Main Street.
ADJOURAI
There being no further business a motion was made by Charles Boyle and
seconded by Jack Gresham to adjourn. The meeting was adjourned at
8:45 P.M.
Respectfully submitted,
CLt.2`~
Martha Sanders, Secretary
Code Enforcement
Minutes approved on the ~ day of _,_, ~ , 1989.
Janet raves, Chairperson
Plann' g & Zoning Commission
® /mjs 3/17/89
R89-001
Rezopi~g Request: R89-001
]~~uested For: 8902 Spencer Hwy.
Legal Description: 4.049 acres out of Outlot 709 and the west 471.8
inches out of Outlot 708; La Porte Outlots (See
Exhibit A)
.Jre_q u est ecLQy :
Pecan Plantation Mobile Home Park. Countrywide
pa rne rship Inves tmen ts, owne r; Rep resented by
Robert R. Murano, Vice President.
ReQuested Rezoning:
From:
To:
Manufactured Housing (M.H.)
General Commercial (G.C.)
Backgound:
The property in question fronts on the 8900 block of Spencer Hwy.
It is located immediately west of Canada Street and is part of the
Pecan Plantation Mobile Home Park.
This park was developed prior to being annexed into the City of La
Porte. The tract in question was originally a mobile home sales lot.
After being annexed the entire tract was assigned a temporary zoning
classification of R-1, Residential. This rendered the entire park
complex a non-conforming use.
With the adoption of Zoning Ordinance 111501 in January, 1987, a
zoning classification of M.H. was assigned to the entire park
complex. This brought the park into conformance with the City's
zoning requirements but left the sales lot as a non-conforming use.
The sales lot was discontinued sometime after January 1987. As a
resul t, the non-conforming status of this tract has been lost. The
parks rental office and maintenance building are presently located on
this property. The entire 4.049 acre site to be considerd is fenced
and paved with asphalt.
The applicants are seeking a rezoning of only the 4.049 acre tract
which fronts on Spencer Highway and not of the entire park complex.
This rezoning, from N.H. to G.C. is to allow them to establish a
multi-use facility on their site. The proposed uses are as follows.
Please refer to Exhibit B.
A l~e a 1:
R.V. rental (SIC 7519).
use.
This is a permitted G.C.
Area 2:.
Boat and auto storage. It is staff's understanding
that this storage facility would be for the use of
the park's tenants and not for rental to the
general public. This is an unlisted use which has
been treated as Conditional in other instances.
A re a 3:
Mobile home sales lot (SIC 5272) and park rental
office. The office shown in Area 3 is ex isting.
It is presently used as the park's rental office.
Mobile home sales is a permitted G.C. use.
As indicated by the City's zoning map (See Exhibit A), the present
zon ing des ign at ion isH. H. (manufactu red hou sing) . The unde rlying
p rope rty use ind icated by the Land Use Map is Mid to High Dens i ty
Residential (See Exhibit C). A rezoning to G.C. would therefore
necessitate a change to the Comprehensive Plan. The proposed change
however, appears to be minor and warranted for the following reasons.
As indicated by the zoning map (See Exhibit A), this property is
flanked on both the east and west by G. C. zones. The rezoning
would serve to extend the eastern G.C. zone to the park entrance.
The City's Thoroughfare Plan (See Exhibit D) classifies Spencer
Highway/West Main Street as a Primary Arterial road. There is a
well established pattern of commercial development along this road
running from five points to the western City limits, at San
Jac in to College. Based on the amount of p rope rty zoned as G. C.
existing along this road, the intent of the Comprehensive Plan to
encourage commercial development in this area can be seen (See
Exhibit E).
The property in question has a history of commercial use. As
noted earlier, it was initially developed and used as a mobile
home sal es lot. The p rope rty is su rfaced wi th asphal t, I igh ted
and fenced. Although some modification of the facilities would be
necessary to meet current zoning requirements (notably
landscaping), this tract is basically well suited to the proposed
uses.
Exhibit F indicates zoning lines as they vlOuld appear if this
request is granted.
Conclusion:
The proposed rezon ing would involve only amino r change to the
Comprehensive Plan. It does not appear to be contrary to the general
intent of the Plan for this area. The property is question is well
suited to commercial usage.
Recommendation:
Recommended City Council approval of Rezoning Request R89-001.
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EXHIB\T F
SCU89-001
Request: Special Conditional Use Permit Application SCU89-001
Requested For: 8902 Spencer Highway (See Exhibit A)
Lep.:al Description: 4.049 acres out of Outlot 709 and the wes t 471.8
inches out of Outlot 708; La Porte Outlots
Requested B'y:
Pecan Plantation Mobile Home Park, Countrywide
Partnership Investments, Owner; Represented by Mr.
Robert R. Murano, Vice President
Proposed Use:
Boat, R.V. and Automobile Storage
Background:
This
R89-00 1 .
request,
denied.
request has been filed in conjunction with rezoning request
Regardless of the Commission's findings regarding this
favorable consideration can not be given if the rezoning is
Three uses are proposed for this property. Two, R.V. rental (SIC
7519) and mobile home sales (SIC 5272) are permitted G.C. uses. The
third activity boat, R.V. and auto storage is not a listed use in the
City's Zoning Ordinance. This activity, in previous requests
cons idered by the Commiss ion has been treated as a Cond i t iona 1 Use.
Exhibit B indicates the location of the proposed storage facility in
relation to the other proposed activities. It is staff's
understanding that the storage facility will be used by Pecan
Plantation r'esidents and will not be available for rental to the
general public. Countrywide's intention is to make this facility
available to park residents so the park's streets and parking areas
may be left clear of obstructions caused by parked boats and R.V. 'so
The proposed location for this facility is surfaced with asphalt
and is part of a larger fenced enclosure (See Exhibit B).
The cond i t ions, which in staff's op in ion, shoul d be attached to
this type of use are as follows.
1. Facility should be screened on all four sides in accordance
with the provisions of Zoning Ordinance Section 6-600A (See
Exhibit B).
2. Lighting for the facility should be arranged in accordance
with the provisions of Section 6-600B.4 (See Exhibit B).
3. A fina 1 cond i tion which, a1 though not 1 isted in the Zon ing
Ordinance, would be necessary.
No repair or maintenance work shall be performed on any boat or
vehicle while it is on the storage facility premises.
Conclusion:
If operated in accordance with the above listed condit~ons, this
facility conforms to ordinance guidelines for G.C. activities.
Recommendations:
Contingent on approval of the accompanying rezoning request, staff
finds no objection to approval of Special Conditional Use Permit
SCU89-001, subject to the conditions listed in the analysis section of
this report.
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EXHIBIT A
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EXHIBIT B
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2. Screening is required in conformance with Section 6-600(A) of
this Ordinance...
3. All yards adjacent to public right-of-way must be a minimum of
ten feet (10').
4. The minimum setback adjacent to any util i ty eas.ement shall be
three feet (3').
5. See Section 10-500 through Section 10-508, for additional
requirements.
!6. No sign shall be located in a sight triangle so as to obstruct
traffic visibility at a level between three feet (3') ~nd six
feet (6') as measured above adjacent road grade.
Section 6 - 600 Special Use Performance Standards
A. Reouired Screening
1. A planting strip shall consist of evergreen groundcover, and
shall be of sufficient width and density to provide an effective
screen. The planting strip shall contain no structures or other
use. Such planting strip shall not be less than six feet (6')
in height. Earth mounding or berms may be used, but shall not
be used to achieve more than two feet (2') of the required screen.
2. Standards
a. Width of planting strip - four feet (4').
b. Type of planting - evergreen.
c. Size of plants - Minimal height of four feet (4') at time
of planting. Must reach a height of six
feet (6') within two (2) years.
-d. Planting density - Such that within two (2) years of normal
growth, a solid screen will be formed to
a height of at least six feet (6') above
adjacent grade.
3. Screening will be required in the following situations:
a. Parking areas for recreational buildings, community centers,
religious, and private and public educational institutions.
b. Manufactured housing parks and subdivisions screened from
abutting uses.
4. Required screening will count toward the required percentage
(%) of landscaping.
EXHIBIT C
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B. Outdoor storage
Open and outdoor storage as an accessory or principal use
provided that:
1. The area is screened from view of neighboring residential
uses or an abutting residential district in compliance with
Section 6-600(A).
2. Storage is screened from view from the public right-of-way
in compliance with Section 6-600(A).
73. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light
source shall not be visible from the public right-of-way or
from neighboring residences and shall be in compliance with
Section 7-501(1)a.
C. Outdoor Sales/Service
Open or outdoor service, sale and rental as a principal or
an accessory use and including sales in or from motorized
vehicles, trailers, or wagons provided that:
1. Accessory outside service, sales and equipment rental connected
with a principal use is limited to thirty percent (30%) of the
gross floor area of the principal use.
2.
Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential
district in compliance with Section 6-600(A).
All lighting shall be hooded and so directed that the light
source shall not be visible from the public righ-of-way
for from neighboring residences and shall be in compliance
with Section 7-501(1)A.
3.
D.
Traffic CQDtrol
The traffic generated by a use shall be channelized and controlled
in a manner that will avoid congestion on public streets, safety
hazards or excessive traffic through residential areas. The
traffic generated will not raise traffic volumes beyond the
capacity of the surrounding streets. Vehicular access points
shall be limited, shall create a minimum of conflict with
through traffic movements, and shall be subject to the approval
of Director of Community Development. Vehicular ingress lanes
shall be large enough to accommodate peak use on the same lot
without requiring the stopping or waiting of vehicles on public
right-of-ways. Ingress lanes shall be from the least heavily
travelled street wherever possible.
EXHIBIT C