HomeMy WebLinkAbout05-18-1989 Public Hearing and Regular Meeting® •
MINUTES OF
PLANNING & ZONING COMMISSION MEETING
I~[AY 18, 1989
Members Present: Chairman Janet Graves, Commissioners Inge Browder,
Lola Phillips, Eugene Edmonds, Charles D. Boyle.
Members Absent: Commissioners Jack Gresham, Bobby Blackwell
City Staff: Director of Community Development Joel Albrecht,
City Inspector/Code Enforcement Mark Lewis,
Community Development/Engineering Secretary Nina
Browning, Assistant City Attorney John Armstrong.
Others Present: Mr. Michael Fisco, Mr. Mark Fitzgerald, Mr. Ed
Noonan, Mr. Tom Forman, Mr. & Mrs. Bill Crowder,
Mr. & Mrs. Herron, Mr. & Mrs. Karl Johnston, Mr. &
Mrs. Fred Westergren.
1) CALL TO ORDER
Chairman Janet Graves called the Public Hearing and Meeting to
• order at 7:00 PM.
2) APPROVAL OF MINUTES OF THE APRIL 27, 1989 MEETIAIG
A motion was made by Inge Browder and seconded by Charlie Boyle to
approve the minutes of the April 27, 1989 meeting as submitted.
All were in favor and vote was unanimous.
3) CONSIDER REZONING REQUEST R89-003
Mrs. Graves turned the meeting over to Mr. Joel Albrecht, Director
of Community Development. Mr. Albrecht summarized the overall
proposal for the rezoning request. The request is to change an
"R-1", Low Density Residential to L.I., Light Industrial at 3900
Underwood. This is a x+.8738 acre tract out of the south 300 ft.
of Outlots No. 698 ~ No. 699 and vacated roadway lying between
said outlots. This tract is presently occupied by AAA Flexible
Pipe Cleaning Corporation. The company has been at this location
since the early 1970's and has been classified as a legal,
pre-existing non-conforming use since the City's annexation of the
Spenwick/Collegeview area in 198.
It is surrounded on all four sides by residentially zoned tracts.
.S Additionally, the underlying land use in this area is designated
as Low and (to the north) Mid to High Density Residential. A
rezoning to Light Industrial would therefore require an amendment
to the City's Comprehensive Plan.
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PLANidING/ZONING MINUTES
MEETING OF 5/18/89
PAGE 2 OF 4
The close proximity of developed residential neighborhoods makes
this property unsuitable for industrial zoning. The reasoning
used in assigning the present zoning and land use designations was
sound. There have been no changes to this area which warrant a
rezoning and amendment to the Comprehensive Plan. The staff's
recommendation is to deny the rezoning request.
A. PROPONENTS:
1) Mike Fisco (Grandmother owns property/facility). He is
speaking in her behalf. His grandparents bought
the property to have a light industrial facility
and at the time there were no houses in the area,
nor was there zoning. Nir. Fisco stated he was
tryir_g to find out how the Commission felt about
rezoning these acres and basically that was alI he
was wanting.
2) Mark Fitzgerald - employee of AAA Flexible Pipe Cleaning Corp.
Mr. Fitzgerald stated that he had found about six
• different classification in the SIC Manual that
could apply to this business. He was in favor of
the rezoning to L.I., Light Industrial.
B. OPPONENTS:
Mrs. Graves read into the minutes three (3) letters that were
received in opposition to the rezoning (see attached). The
letters are from:
1) Irene Hooper, 5326 Spencer Highway
2) Chris Thrope, 3622 Maplewood
3) Dianna Knowlton, 3610 Maplewood
~1) CLOSE PUBLIC HEARING - 7:25 PM
5) CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONING REQUEST
R89-003.
At this time Htr. Albrecht stated that the staff has no problem
caith the business. The City is aware that at some time in the
future Underwood Road will be widened into a major carrier, to
which there will be additional traffic, this was considered in the
• development of the Comprehensive Plan. The one concern that staff
has foremost in mind is not so much the business as it is today,
but all the uses which are allowed within the Light Industrial
zoning classification.
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PLANNING & ZONING P~fINUTES
MEETING OF 5/18/89 ~'
• PAGE 3~OF 4
A motion was made by Inge Browder and seconded by Charlie Boyle to
deny the rezoning request and make a recommendation as such to
City Council. All were in favor and the motion passed. Mrs.
Graves informed Mr. Fisco that the Commission had deny his
request, but he would get a hearing before City Council.
6) PRESENTATION BY MR. ED NOONAN REGARDING POSSIBLE ALTERNATIVE
DEVELOPly[ENT-OPTIONS T~IITHIN "R-1", L01~ DENSITY RESIDENTIAL ZONES
Mr. Albrecht introduced Mr. Ed Noonan of Chicago Associates
Planners and Architects, who is representing some land owners who
own a tract of land that fronts between Hwy. 146 and Galveston
Bay. Mr. Noonan is here tonight to show the Commission some
alternative concepts enabling development within the confines of
the "R-1" zoning classification.
Mr. Noonan, who is a real estate developer, was asked by the
owners of the property that extends from Hwy. 146 to the Bay,
with a entry to the south on Oakhurst and go north on Crescent, to
develop the area. Mr. Noonan said he had asked to speak to the
• Commission to explain to them how they had approached the
development and specifically to show them two ways of developing
it. At this point Mr. Noonan introduced Mr. Tom Forman, Chief
Planner, Chicago Associates Planners and Architects, to go over
the plans for the development of the tract. He said this is
simply a preliminary presentation to inform the Commission and let
them see how a development of a subdivision is created. A formal
presentation would be made at a later date.
7) DISCUSSION
Mrs. Grave reminded the Commission of the Public Hearing of the
BayMUD annexation before City Council on PRonday night, May 22,
1989, if any of the Commissioners wanted to attend. Also a
reminded that the six (6) month review of the. Zoning Ordinance was
approaching.
8) ADJOURNMENT
There being no further business a motion was made by Charlie Boyle
and seconded by Eugene Edmonds to adjourn. All were in favor.
Meeting adjourned at 7:55 PM.
PLANNIIdG & ZONING MINUTES
MEETING OF 5/18/89
PAGE 4~OF ~
Respectfully submitted,
Nina Browning, Secrets
Community Development/Engineering
Pfiinutes approved on the ~~ day of
J t Graves, Chairperson
P nning & Zoning Commission
5/22/89
~i.
1989.
• •
RECEI.V~.D_.
Planning & Zoning Public Hearing
Zone Change Request 89-003 MAY 15 1999
TYPE OF MEETING CODE ENFORCEMENT.
May 18, 1989
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AA'I IN'
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOk'ING REASONS.
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HOME ADDRESS
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• Planning & Zoning Public Hearing
Zone Change Request 89-003 ~~~~8~~®
TYPE OF MEETING ~~ ..
MAY 18 1989
May 18 , 19 s 9 CODE ENfORCEM~fyI
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
0
AND I AM IN FAVOR OF OR I AA4 G~QQ!/l,s'~ IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE-FOLLOh'ING REASONS.
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SIGNATURE ~ //~~j
HOME ADDR SS
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® •
Planning & Zoning Public Hearing
Zone Change Request 89=003
TYPE OF MEETING
May 18, 1989
MEETING SCHEDULED FOR
RECEIVED
MAY 16 1989
CODE ENFORCEMENT
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM ~Q~ IN FAVOR OF 4"
C~
IN
SIGNATURE
HOME ADDR SS
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOk'ING REASONS.
STAFF'S REPORT
R89-DD3
REZONING REQUEST: R89-003
Requested Zone Change: From: R-1, LO\v Density Residential
To: Light Industrial
Requested for: 3900 Underwood Road (See Exhibit A)
Legal Description: 4.8738 acres out of the south 300 ft of
outlots 698 & 699 <Hld vacated roadway lying
between said outlots (Heets & Bounds
description attached. See Exhibit B)
Requested by: Michael A. Fisco, AAA Flexible Pipe Cleaning
Corporation, representing Nary D. Fisco,
Owner.
Background:
The tract in question is presently occupied by AAA Flexible Pipe
Cleaning Corporation. The company has operated in this location since
the early 1970's. The company has been classified as a legally
pre-existing non-conforming use since the City's annexation of the
Spenwick/Callegview area in 1984. The zon5ng of both this tract and
surrounding property has been residential in nature since the time of
annexation.
AAA Flexible Pipe Cleaning primarily operates this facility as an
office and truck terminal. The Standard Industrial Classificat.ion
number for this activity is 4212 01otor Freight Transportat.i.on and
Warehousing). Zoning Ordinance #1501 lists this type of business as a
permitted use only in Light Industrial and Heavy Industrial zones.
The applicants purpose in reqve~ting this rezoning is to establish
zonjfig which would be compatible with t.he existing business thereby
freeing it from the constraints of the Zoning Ordinance's
non-conforming use regulations.
Analysis:
As noted, the present zarling of this t.ract is R-1, Low Density
Residential. It is also surrounded on all four sides by residentially
zoned tracts. (See Exhibit A) Additionally, the underlying land use
in thi s area is deslgnated as Low and (to the north) f'Hd to High
Density Residential. (See Exhibit C) A rezoning to Light Industrial
would therefore require an amendment to t.he City's Comprehensive PJan.
There are several issues to be considered when making a decislon
as to whether or not to amend the Comprehensive Plan.
The first consideration is the location of the tract in question,
the character of surrounding property and the impact of a ZOfie change
on the adjacent neighborhoods. Consideration of this issue cannot be
limited to AAA's present operation but, must rather take into account
all activities which could take place within a Light Indust.rial zone.
The intent of the Comprehensive Plan is to whel'ever possible,
buffer residential developments from industrial uses by means of
Commercial or Business Industrial zones. The West Fairmont Park
subdivision is located immediately across Underwood Road from this
R89-003
Page 2
tract (See Exhibit A). It is impossible to estabJ.ish a buffer zone
between this property and the subdivision. Creation of buffer zones
to the north, west, and south would require rezoning of a substantial
amount of surrounding property. This would constitute a major change
to the development pattern which the Comprehensive Plan envisions for
this area. Rezoning this tract either with or without buffering zones
(which would provide incomplete buffering at best) is therefore
clearly contrary to the guidelines of The Comprehensive Plan.
Since it is clear that the requested rezoning is incompatible with
pr~s~nt plan guidelines, it must be determined whether or not amending
the Plan i.s Harranted. There are two basic criteria, either one of
which will justify modifying the Comprehensive Plan. These are as
follows:
1. It can he demonstrated that the judgement and logic used in
determining the present zoning and land use designations was
flawed or in error.
2. There has been, subsequent to the adoption of the
Comprehensive Plan, some type of change to an area which so
changes tt~ character that an amendment to the plan is
warranted.
The designation of this area for the mixed development of single
family and mid density residential subdivisions was based on the
following factors,
1. The proximity of existing residential neighborhoods in
Fairmont Park and Spenwick as well as the presence of the
Baker, Reid and Rizzuto Elementary Schools which were located
in the anticipation of additional residential development.
2. The need to segregate industria] development from residential
neighborhoods is necessary due to the hazards, truck traffic
and noise commonly generated by industrial operations.
3. Al though not directly related to this area, it should be
noted that industrial zone placement tends to be clustered in
the Highway 146 and Highway 225 areas. This placement
reflects both existing patterns of development and the intent
of the Comprehen~.i_ve Plan to, as much as possible li.mit
industrial traffic to certain corridors and keep heavy truck
traffic out of the rest of the City.
Thig reasoning appears to be as sound today as it was at the time
of the Plan's implementation.
Regarding the issue of changes to the area, the widening of
Underwood Road is the major change anticipated for this ;:n'88 in the
forseeable future. This project has been planned for several years
and Has considered in the development of the Comprehensive Plan.
Therefore, by itself, the road project should not be considered
justification for amending the Plan.
R89-003
Page 3
Conclusion:
1. The close proximity of developed residential neighborhoods
makes this property unsuitable for industrial zoning.
2. The reasoning used in assigning the present zoning and land
use designat.ions was sound. There have been no changes to
this area which warrant a rezoning and amendment to the
Comprehensjv~ Plan.
Recommendation:
Deny rezoning request R89-003.
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THENCE Soutta o. 361 33" East'wlth 'the West line of .ald Underwood ~Olld. a ..~.-"f:.",;':.:~..'
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LEGAL DESCRIPTION
A tract of land contaIning 4.8738 aeres and being the South 300 ft., ~re or .
less, of LA PORTE OUTLOTS Six Hundred Nlnety-elght (69B) and $Ix HundredHlnefy
nIne (699) and the vacated road lyIng between saId outlots. (as set forth In
certified copy of order cancellIng and vacating saId roed recorded In,Vol~
;SI60. Page ~ 9f.,~e Deed Records of Harris County, Texas) In Harris Co~ty..
:Tex.al. accordl09 to the ..p the reof, recorded 1 n Vol ume 83.:- Page 3lt4 of the
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Deed Records ~f Klrrls Cpunty. Texas, being out of the WIIIJa. Jone, S~r~y
A.482, in HarrIs County, Te~s. said 4.8738 acres being more fully
by Ntes and bounds " follows:
IlEGlNHING at 8 1/2" Iron pipe set In the West line of Underwood Road, hid
poInt beIng In the South line of La Porte Outlot 699. end the North line of
La Porte Outlot 700, and being South 00 361 33" East a distance of 899.24 ft.
,...:.frQlll a 3/4" Ji'9nf'Od...rklng the North. line of said La
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,', Jhe$OIiltheatt cc...Mi, of Block 18 of Spenwlck Pla(:8, Section.....; a sUbdht.sIOn.
',~:'~--"~!~;. ',,~y,,'., -"~'- ..:'. -, . . " - , ' - "
;':}::;tn' .........,. ~ty. Te..s, tIIIIp of which Is recorded In Volume 48.
...(rl. Cou,:,ty HIIp..Records;
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,<~/;T~E West at -165.10 ft. t~ East Bu of ..Id vacated rOlt~,..t 2ZS.1o"'t't7.: ,',,'
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theW.st 11ne -of said vacate4 roa'd,and Southeut corner of IAporte .Outloi' , ',' ",
"__".: .,~. , ' "'~,:,'~~':"; .' _ .~);'-":":'i',-".",,.':,;';,-::'~<.<:};:,;
698.. an{A CO"tln'lJln~ W,.st for.. tQtal dl,taAC41 of 709.63 ft;bt...3I4~lt~,.,:~,;:;;;'.',.~,-,~;
C '::.- :-:,_ . _'. ::'~ >~'.:: ' . "'. . :., . :'~~:,", '.y:_'", <~;; .';"~,..~" ,:~:A:~~',:';~ )';".;:~:;,i~
"\,pl~and f~.pO.~..r.kiftg .~ '$oUtbwtstcorn.r 0.' s.ld ~Ni't.J"'Oq~l.t698i{~:';t1'.~;".
'~~,,:,:';~J.:f;~:::. ";t~~.,,>~.:,,~ > >,..;.t~ ,~:~"',f'~_ _,.,,". .::..... './ ,'-:"; . _:';,_". " ,';-;",' :" .:'~,' ;,~:-. ...":':' : ,,~,;" ""~~;J.~ ~~:~_;7:;'~P"~,~>~:~~~<
. .THEtlCE fCor~. ~ O~' )8" E,vt along 'the Welt lIne of u Port. ~~lot;'9~;.f ~,~..t,.;.;z~~;ii~~
tan,. of 299;.93 ft. toa ;/411 I ronpipe for corner; '''' . ~...;~.~t~'C'!':
THENCE South 89- 591 29" East II dl stance of 706 .)0 ft. to ;' 3/4"1 ron pl,. ~f';'~',:~~\?'
, '~'~;.f~:";--
In the West line of said Underwood Road;
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PUBLIC USES
LOW DENSITY RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAL USES
COMMERCIAL USES
COMMERCIAL INDUSTRIAL .uSES
INDUSTRIAL USES
PROPOSED
EXISTING
COMMUNITY CENTER
FIRE STATION
FIRE TRAINING CENTER
LIBRARY
PA RKS
POLICE DEPT.
POST OFFICE
PUBLIC WORKS
SCHOOLS
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