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Home My WebLink About07-20-1989 Public Hearing and Regular Meeting r: MINUTES OF PLANNING & ZONING COMMISSION MEETING JULY 20,1989 Members Present: Chairman Janet Graves, Commissioners Inge Browder, Lola Phillips, Eugene Edmonds, Jack Gresham, Bobby Blackwell. Members Absent: Commissioner Charlie Boyle. City Staff: Director of Community Development Joel Albrecht, Code Enforcement Secretary Martha Sanders, Assistant City Attorney John Armstrong. (NOTE: John Armstrong did not attend the first Public Hearing.) 1) CALL TO ORDER Chairman Janet Graves called the Public Hearing and Meeting to order at 7:04 PM. 2) APPROVAL OF MINUTES OF THE MAY 18, 1989 MEETING. A motion was made by Inge Browder and seconded by Lola Phillips to approve the minutes of the May 18, 1989 meeting as submitted. All were in favor and vote was unanimous. 3) SPECIAL CONDITIONAL USE PERMIT NO. 89-002. Mrs. Graves turned the meeting over to Mr. Albrecht, Director of Community Development. Mr. Albrecht summarized the request of Ms. Judy Berry, Executrix, Jennie Reid Estate. The purpose of this request is for the development of a recycling center/salvage yard. The tract in question is located at the southeastern corner of Sens Road and Highway 225. The recycling center would handle aluminum, copper, and paper. The applicants are proposing to handle glass recycling in the future. The center would serve as a collection point with materials being stored in large dumpster like containers. No actual recycling or reprocessing would take place on the premises. The proposed salvage operation would involve the dismantling of junk vehicles with parts to be salvaged for resale. • Planning & Meeting of Page 2 Zoning Minutes 7-20-89 • Mr. Albrecht stated the application needed to meet all the criteria set forth by Section 10-202 of the Zoning Ordinance for a Special Conditional Use Permit which are as follows: 1) The specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2) The conditions placed on such use as specified in each district have been met by the applicant. 3) The applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. In order to insure that the proposed establishment operates in a manner which would not be detrimental to the surrounding area, staff feels the following conditions should be imposed. • 1) Operator must obtain a salvage yard license as required by Ordinance No. 1125, as well as complying with all applicable provisions of La Porte Code of ordinances and State Law. 2) The site should be completely enclosed with a landscape screen with the planting plan to be approved by the City. 3) All materials brought in for recycling must be stored in appropriate bins at all times. No materials shall be left or stored outside of these bins at any time. No bins shall be placed outside of the required landscape screen. 4) The entire site shall be surfaced in a manner which will inhibit the generation and spread of dust. 5) All weather driveways of at least twenty-five (25) feet in width shall surround all bins and auto storage areas. 6) The yard shall be lighted with all lights directed away from right-of-ways, homes, and other places of business. 7) Any cutting, burning, or welding associated with the disassembly of vehicles must take place only during ® daylight hours and within the screened area. ® Planning & Zoning Minutes Meeting of 7-20-89 Page 3 8) All waste oil from vehicles and other contaminants shall be contained and disposed of in a manner which conforms with all applicable requirements of the City of La Porte. Mr. Albrecht .stated that should this permit be approved, strict adherence to all of the above listed conditions is of the utmost importance. Mr. Albrecht told the Commission that 14 letters had been sent to property owners in the surrounding area and staff received 7 replies back, 2 were in favor and 5 in opposition. Mrs. Graves asked how far the western boundary was from Sens Road, Mr. Albrecht said it was approximately 75 feet. How far is the southern boundary from the residential area; approximately several 100 feet. Mr. Edmonds asked what type of screening would be required? Mr. Albrecht stated the type required in our zoning ordinance was a 6 foot, solid screen Mrs. Graves stated at this time that Mr. Armstrong, Assistant City Attorney, had excused himself from the Special Use Permit action, due to conflict of interest. Mrs. Graves read into the records the letters of opposition to the request. (See attached). (1) Ronald W. Barton (2) Donna Cole (3) Tommy Gardner (4) Shirley A. Phillips Speaking in favor of the request - Mr. Jerry Reynolds, 1207 South Oregon, Co-owner of Bay Area Reclaiming. In the type of recycling that they will do they store the product in closed containers, not dumpster type containers. People would tend to steal the product they recycle, if stored in open containers, therefore the product is stored in locked containers. He stated they are required by law to add materials to the product to kill bugs, rats, odors, etc. Mr. Reynolds stated that there would not be auto storage there, the only time a vehicle would be there would be for dismantle (approximately 72 hours). • Planning & Zoning Minutes Meeting of 7-20-89 Page 4 L~ A container is set on the property, filled and then picked-up by Alcoa. When this trailer is picked up an empty container is put in its place to be filled. This will be a collection point only. Janet Graves declared the Public Hearing closed. NOTE: John Armstrong returned to the meeting. 3) REZONING REQUEST 89-004 The property in the request is located at 1241 Underwood Road, and is presently zoned General Commercial, R-2 and R-1. The tract in question is comprised of a large fenced yard which contains an office/shop building and several large metal warehouse/shop buildings. The total tract encompasses approximately 21.5 acres. The complex was formerly occupied by Fish Engineering. Fish is presently attempting to sell this property, but prospective buyers have decided against purchasing the property due to the present zoning restrictions. Fish is requesting a rezoning to Light Industrial in order to facilitate the sale of the property. They feel the rezoning of General Commercial is inappropriate in this area due to the predominately industrial nature of this portion of the Underwood corridor. Fish's contention that existing zoning in this area is inappropriate, but does contain a good deal of merit. However, the Comprehensive Plan's intent to preserve and enhance residential integrity is still of paramount importance and in the absence of alternative residential protection, should be upheld. Staff's recommendation is to deny the rezoning request. Mr. Albrecht informed the Commission that 8 letters were sent out to adjacent property owners and we received 1 reply in favor and 1 reply i:n opposition. (See attached). Mrs. Graves asked i:f there was anyone who wished to speak in favor of the rezoning request. Mr. Tom Randolph, employee of Fish Engineeringdesired to speak. Mr. Randolph stated that they would like to change their request to rezone the General Commercial to Light Industrial, but leave a buffer strip. • ® Planning & Zoning Minutes Meeting of 7-20-89 Page 5 OPPONENTS TO REZONING 89-004. • Sharon McFatiedge - 9903 North "P" Ave. What is Light Industrial? Her concern was what would happen if the company that buys the property later resales it to another company and what the end results could be. Responses read into record by Mrs. Graves from (1) Betty Slovocek (against) and Michael Angelo (favor). 4) PUBLIC HEARING CLOSED AT 7:47. 5) CONSIDER RECOMMENDATION REGARDING REZONING 89-004. Eugene Edmonds made a motion in view of the change in the request to accept the proposal,(moving Outlot 370 and western half of Outlot 369) to Light Industrial, Bobby Blackwell seconded the motion.' Motion carried with 4 in favor and 1 abstain. Bobby Blackwell made a motion to move Item No. 5 to Item No. 7, seconded by Jack Gresham. 6) PRESENTATION BY CHICAGO ASSOCIATES PLANNERS AND ARCHITECTS REGARDING THE PROPOSED BAYGREEN COLONY SUBDIVISION. Mr. Albrecht brought the Commission up to date on the proposed subdivision and what had transpired in the past weeks. Staff has been working with Mr. Noonan and his associates in getting the development in accordance with the zoning ordinance and the guidelines of the City. Mr. Albrecht told the Commission that a site plan was not required for approval, but since the proposed development was not the normal type of subdivision, he thought the Commission should be part of the planning process. Mr. Albrecht stated the there were still other opportunities to be resolved before filing a preliminary and final plat. These involve the size of the private road, the easement location and the sewer serving the proposed development. Mr. Noonan spoke to the Commission at this time, explaining what had been going on and the status of the proposed development. • Planning & Zoning Minutes Meeting of 7-20-89 Page 6 C~ Mrs. Graves told the Commission that the Chicago Associates would like to have tentative approval from the Commission so they can go to the bank. Bobby Blackwell made a motion that the Commission accept the proposal, seconded by Jack Gresham. All were in favor. NOTE: John Armstrong excused himself from the remainder of the discussion, due to a conflict of interest. 7) CONSIDER RECOMMENDATION REGARDING SPECIAL CONDITIONAL USE PERMIT 89-002. Jack Gresham made a motion to approve permit, seconded by Eugene Edmonds. Vote was 2 in favor, 3 against. Motion failed. An amended motion was made by Jack Gresham to approve permit with the existing fencing being slatted until the greenery has have time to grow to the required height and to include the 8 recommendations submitted by the staff, a second was made by Bobby Blackwall. All were in favor. Motion carried. 8) ADJOIIRNMENT Mrs. Graves brought to the attention of the Commission that the six month review of the zoning ordinance was getting close and she had several things to bring up concerning this. She said there was growing concern for the Hike/Bike trails in the City, some discussion about Bed/Breakfast Inns (nothing in the ordinance relating to this), and possibly some need for camping facilities in the future. C` Planning & Zoning Minutes Meeting of 7-20-89 Page 7 There being no further business a motion was made by Bobby Blackwell and seconded by Jack Gresham to adjourn. All were in favor. Meeting adjourned at 8:35 PM. Respectfully submitted, cJ /~ /'w'LcJ y' Nina Browning, Secreta Community Development Minutes approved on the day of 1989. Jan Graves, Chairman Pla ing & Zoning Commission neb 7/25/89 • Planning & Zoning Public Hearing & Regular Meeting TYPE OF MEETING •• .. July 20, 1989 Fish Engineering MEETING SCHEDULED FOR I HAVE RECEIVED..NOTI.CE...OF .THE. •A$OVE ~P.EFERENCED PUBLI HEARIivG AND I AM .` IN FAVOR OF OR I AM' IN ~ • OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS. HOME ADDRESS .~ .! JUL1~19~9 COpE E~FORCEME~T Planning & Zoning Public Hearing & Regular Meeting TYPE OF MEETING ~~ July 20, 1989 Fish Engineering MEETING SCHEDULED FOR - - -- - ~ I HF.VE •~RECEIVED-NOTICE OF THE ABO~~E ~~REFERENCED PLTBLIC HEART_NG AND I AM IN FAVOR OF OR I AA4 IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOtiTING REASONS. . .X.yf ~ P,'~,e. ~/~ ier~ ~ Xs ob;~~T:~, t y.~zbse~ ~~if/:.1i9 C7 SIGNATURE',""'~~~'"'b'~'" %~'~ J~YL9 G~•T r~t[ICa+~Y : S`fG G0~7 S ~- y~zf~o- 260' ADDRESS • I kAVE RECEIVE/D AND I AM / ABOVE REFERENCED PUBLIC HEARING July 20, 1989 Bay Area Reclaiming, ' MEETING SCHEDULED FOR ~~~ 1 ~ 199 .. R~~ R EME~T. Planning & Zoning Public:: Hearing and (~~~~~~ Meeting TYPE OF MEETING ~~ ,. S NATURE U / `_'~/ HOME ADDRESS • • Planning & Zoning Public: Hearing and Regular Meeting TYPE OF MEETING ~~ July 20, 1989 Bay Area Recl aimi na ~~~~~~~® MEETING SCHEDULED FOR ~u~ ~ L~ 1Q${~. CODE E~~E~~C~~J~C~~ U I HAVE..RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM ~ IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS. ,~ SIGNATURE ~..r"" __.- ~.~ a ~~~~ ADDRESS • • • • Planning & Zoning Public:. Hearing TYPE OF MEETING July 20, 1989 Bay Ar a R laim~nq ' MEETING SCHEDULED FOR and Regular Meeting ,1 U ~ 1 ~:~ ~9~9 CODE E~FORCENiE~T I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM ~ ~' IN FAVOR OF OR I AD4 IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOA'ING REASONS. i S GNATURE HOME ADDRESS • ® • Planning & Zoning Public:~Hearing and Regular Meeting TYPE OF MEETING ~~ July 20, 1989 Bay Area Reclaiming, ~E~i~O~~.® MEETING SCHEDULED FOR JUL• 11 199 CODE ENFORCEMEN.T_ I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM /V'~. ~ IN FAVOR OF OR I AM IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOti'ING REASONS. V1 ...JGL~fl.,~..1._ --,..0.~ ~V.~.~rl. .~~.L ~C..o VTlil.erf/i. .J"1~.~ ~C..fli .A.~Iq:A ~/ w.~I~,1_.. ~/1 .a...,. D n a.c,.A~.w 4JL ~-J'...,~ '~_.1.a C'( r LiJ .~~~ .I n ~i,~ IO r ~4 ~r ~Q~ Jif.,`~ATI( C9.,~1._ 9.U,L. ~.~~5~...w~y.~,-w...~_ (~JI ~ ~ J:.I~A.. . ,:,, ., ~9s ~~/P.f~ ~3-.. !I ~dI'~5~/~ ~.Ar» Illvl l~ ~e7 T .111 .i'.n J l~ili~-/,~-s~ SIGNATURE /C _ e y. 77~'~ HOME ADDRESS • Planning & Zoning Public; Hearing TYPE OF MEETING July 20, 1989 Bey Area Rec1_a?mina ' MEETING SCHEDULED FOR and Regular Meeting ~u~ 1 ~ 199 (R~c~f~B~IfE® CODE Ei~FORCEMENT I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM /~/~-~' IN FAVOR OF OR I AM IN ~/V ~ A-~~~~'~~ d' ~~fl~e'r ~Nd O7~~1t°i' 7 u N ~ I,v F~a~ 7L D f o'G.~ e~aus ~ ..Z~3 f~C~ k ~`a 6~ 'c /.t/oarler/ ~~~ +ei e/~~v~~y~~ / ~ dr/Okl~tie~~ .~oa~ 5 n ~S'r9 ~•' /7l5~Q BGOD~~ ~6 acs . cein~'~/ocv,v Aiv f~a~cv ~i2,A•s~i vc~ ber, w~ie. `fir, a('w~r~ss~dl ~ ~' • • ~~' SIGNATURE jai D 0'd /Y. /~a e . 7~" ~iefG /G~„~~`' 'lZS7! HOME• ADDRESS OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS. • ® Planning & Zoning Public~•Hearing and Regular Meeting TYPE OF MEETING •• .• July 20, 1989 ~~~~~~~p Bey Area Reclaiming __ ' ~ ~ MEETING SCHEDULED FOR JUL 1 a 199 • CODE ENFORCEME~IY I HAVE RECEIVED•NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AD4 XXX IN OPPOSITION OF GRANTING THIS REQUEST FOR THE•FOLLO4~'ING REASONS. EXCESSIVE TRAFFIC ON SE1VS ROAD - ONLY ACCESS CREATES ODORS AND PESTS SALVAGE YARD NOT CONDUCIVE TO ATTRACTING RESPECTABLE BUSINESSES SIGNATURE RONALD W. BARYON 1110 Sens Rd. La POrte, TX HOME ADDRESS ~~ SPECIAL CONDITIONAL USE PE~1IT SCU 89-002 CITY OF LA PORTE APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------------------------------------- OFFICE USE ONLY: Fee: $100.00 Application No.: Date Received: Rece ipt No.: <i:9 - /2) ~ .5-.3/-y}' /.; ~ r ,?J"7l.:0 Certified Plans Submitted: ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan () Preliminary Plat ---------------------------------------------------------------------- Person Making Request: WTLMA DEAN RORTN!=;ON Mailing Address: P. O. Box 66 City/State: La Porte, Tex. Phone: 470-0619 BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: Bay Area Rec1aiminq 1211 Sens Road, La Porte, Texas 1.32 acres out of 18.7766 acres, as per survey furnished ZONE: L. 1. SIC USE CATEGORY: C~~.~l./' " ~~6 I ' -------------------------------------------~- TYPE OF BUSINESS: May 30, 1989 Date OFFICE USE ONLY Date of P & Z Public Hearing: Recommendation: Y or N Date of City Council Meeting: Approved: Y or N Zone: This application is: Approved ( ) Permit fI Denied ( ) CLP JOB I (If Assigned Yet) Conditions: Date Zoning Administrator CED/1-'87 RECEIVED MAY 31 1989 CODE ENFORCEMENT SPECIAL CONDITIONAL USE PERMIT Application: SCU f189-002 Requested for: 1.32 acres out of an 18.7766 acre tract of the Enoch Brinson Survey, Abstract 5 (See Exhibit A) Street Address: Not Assigned Zoning: Light Industrial (LI) Requested By: Judy Berry, represented by Reclaiming Executrix, Wilma Dean Jennie Reid Robinson of Estate, Bay Area Purpose of Request:Development of a recycling center/salvage yard Background: The tract in question is located at the southeastern corner of the Sens Road, Highway 225 intersection (See Exhibit A). It is presently enclosed by a chainlink fence. The applicants, who are leasing the property from the Jennie Reid Estate, are proposing to establish a recycling center and auto salvage yard on the site. The recycling center would handle aluminum, copper, and paper. The applicants are proposing to handle glass recycling in the future. The center would serve as a collection point with materials being stored in large dumpster like containers. No actual recycl ing or reprocessing would take place on the premises. The proposed salvage operation would involve the tearing down of junk vehicles with parts to be salvaged for resale. Analysis: As noted, this tract is zoned LI, Light Industrial. Both recycling centers and salvage yards are listed conditional uses within LI Zones. Section 10-202 of the zoning ordinance sets the following criteria for granting a Special Conditional Use Permit: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Special Conditional Use Permit #89-002 Page 2 2. That the conditions placed on such use as specified in each district have been met by the applicant. 3. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. . Of these three cri teria, the first is the most important during appl ication rev iew. This property, while surrounded by industr ial development, is promin~ntly located along one of the major "gateways" to La Porte. Its appearance and use to which it is put will therefore have major impact on the use and value of surrounding tracts. A large auto salvage yard operated in this location for several years. This operation was a major eyesore and blighting influence on the surrounding area. Further, the yard became a serious safety hazard as ev idenced by a large brush fire that took place approximately two (2) years ago. This fire fed on a very large accumulation of tires and debris left over from the earlier salvage operation. The tires in addition to causing the fire to be very difficul t to extinguish, generated a large volume of tox ie, nox ious smoke. Additionally, this fire endangered several homes and a business located on 26th and "P" Streets. Preventing these types of conditions from arising again is of the utmost importance. In order to insure that the proposed establishment operates in a manner which would not be detrimental to the surrounding area, staff feels the following conditions should be imposed. 1 . Operator mu s t obta in a salvage yard 1 icense as required by Ordinance #1125 as well as complying with all other provisions of this ordinance and State Law. 2. The site should be completely enclosed with a landscape screen with the planting plan to be approved by the Director of Community Development. 3. All materials brought in for recycling must be stored inappropriate bins at all times. No materials shall be left or stored outside of these bins at any time. No bins shall be placed outside of the required landscape screen. Special Conditional Use Permit 89-002 Page 3 4. The entire site shall be surfaced in a manner which will inhibit the generation and spread of dust. 5. All weather dr i veways of at least twenty-five (25) feet in width shall surround all bins and auto storage areas. 6. The yard sqall be lighted with all lights directed away from rights of way, homes, and other places of business. 7 . Any cutting, burning, or wel ding assoc i ated with the disassembly of vehicles must take place only during daylight hours and within the screened area. 8. All waste oil from vehicles shall be contained and disposed of in a manner which conforms with all applicable requirements of the City of La Porte. Conclusion: While this application appears to qualify for a Special Conditional Use Permit, the prominent location of this site calls for careful consideration. Should this permit be approved, strict adherence to all of the above listed conditions is of the utmost importance. "'" . ---~--// ~O fz :;:::;:::::-- ====t / I I I I I ..-..-- -- 0_ -~.II> ~_ .11>. j.~ t& : l"\ ------ . -' , \ "~"'H~ (,Au.. \~........ 01' 1~W7 ..... ~ '. '... 17'il>.'i'<' $. -.J...(J~ ~1~N\t>,>J c 'lAv. \1!1#'0,ll.vtlt'. ~ '.... lv.-l'" 10) V'JW ~O\- ) '" "" f <PJ.-. 7'>t'~' ) .. 606.20' :;:. - ;. ., ~ ~ ~O~ "";'.11> C'S ;_" :~.. -e " \ ...." /"__ I"...Z' I - t, -:;:::"',.:; jl.f l1 /, i ..'O\,d'v/ i ~ ! ( .....I:fly.. ~ -.,. f do;. f? .:- 't}~" ;/ .$ ,.,.. . ~ d' ~. / . ~ ~ /1' /]tf:/.... :'. \ '." / &.~", i -....,,:......, 'J s;:. __~ i e . '\ _ v - ., c .. : ifr>. i ..J )I~ .... . L'~---- --..:.:.::, ~4'04 ,J-1?'1;' ~,-;-,.- . I f.1... I {..-. " I { ". .' / I t I I ~ I I // / I / I { I / ...... j I I { I I I I ~ .,,~ N 3038'55" E . I '. ~Al 0....'... . \ - "'''7'- r/ ___ --- ---'" ~ C> (' ~ 1-.J \rs ~t t ~ 2.~ ~ ~ a ~~ ~ p- - . ~ 1~ l!t ~~ -;s:... t:- o;:- ~ 'f$. ~. --~ <5_ ~~ ~o;:-~ f ~:'i: ~~(O .!' .....:t. ~"'\\'> ti~ -;s:..-'l- t ~~~. / . 1- ': ". ..".0 / <;: "......, --t / ~ ...."f! ~ / \ ~ ~ !! % s: ~ 1> i f I i f ! i I I / I I i I I I I I I ~- t 0;\ ~ ;;: / ~t e. !:- '8' ~ -'" ;-~ ;' -I" ~ i ...- --.J 2 m= F ~ S' ~ if ~ ro' ~ '- (1':2-10 ,jQ'l.-w. --~~ ~ ~ :I: ~ 7 ~ Ii ~ ~ '" ..._~ REZONE REQUEST #89-004 CrTY OF LA PORTE APPLICATION FOR ZONE CHANGE REQUEST :~~:::-:::-:::~~-----~::~--~~::~::-----~~~~i~:~~~~:~~~~-~~q----- / Receipt No.: 01_(__' (~Site Plan () Minor Development Site Plan ( ) Major Development Site Plan ) General Plan ( ) Site Plans Submitted on --------------------------------------------------------------------"-- Proposed Usage: AJ.,4 · ---------------------------------------------------------------------- ---------------------------------------------------------------------- OFFICE USE ONLY Recommendation: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - .A//4 7/:2.. 0/(.(1 1) Planning & Zoning: Applicant Notified of Date(s): ( ) 1st Mtg. ( ) 2nd Htg. Adjoining Property Owners Notified: 2) City Council: (a) Regular Meeting (b) Public Hearing/Mtg. - Approved ( ) Denied () Adopted by Amendment Ord. #1501 - _ CONTINUED ON NEXT PAGE REZONING REQUEST Request: IIR89-004 Requested for: 1241 Underwood Road Legal Description: Outlot 370 & the west 161.33 ft. of Outlot 369; La Porte Outlots (See Exhibit A) Requested by: T. M. Randolph of Fish Engineering & Construction Inc., Owner Present Zoning: G.C.; General Commercial R-2; Mid Density Residential R-1; Low Density Residential Requested Zoning: L.I.; Light Industrial Background: The tract contains an warehouse/shop 21.5 acres. incorporation. in question is comprised of a large fenced yard which office/shop building and several large metal buildings. The total tract encompasses approximately It was developed prior to the La Porte Lomax The complex was formerly occupied by Fish Engineering . At that time, the facil i ty was set up as an industrial fabr ication shop and storage yard. Fish has not occupied this complex for several years. In the intervening period the facility has been under lease to Refurbco. This company is in the business of repairing and rebuilding mobile homes. At the time Refurbco moved into the facility, their occupation complied with applicable zoning regulations. However, the passage of Ordinance #1501 and its accompanying zoning map has rendered this use nonconforming. Fish is presently attempting to sell this property. Several prospective buyers have decided against purchasing the property due to the present zoning restrictions. The property crosses through three different use zones: G.C.; General Commercial, R-2; Mid Density Residential and R-1; Low Density Residential (See Exhibit B). The facility is designed to act as an industrial fabrication shop. This has, in general, been the type of businesses looking into purchasing the property. Rezoning Request #R89-004 Page 2 Fish is requesting a rezoning to Light Industrial in order to facilitate the sale of the property. They feel the rezoning of General Commercial is inappropriate in this area due to the predominately industrial nature of this portion of the Underwood corridor. To support this contention, the applicants have supplied a list of industrial establishments presently located on both the Deer Park and La porte sides of Underwood. (See Exhibit C). The applicants also point to the decrease value of the property if the present zoning is allowed to stand. Analysis: In developing the Comprehensive Plan, one of the City's primary concerns was to protect the integrity and value of residential zones. One of the primary means used to accomplish this goal was the concept of buffering residential districts from nearby industrial development. Implementation of buffering can clearly be seen along the northern end of Underwood Road (See Exhibit D). As indicated by the applicant's letter (Exhibit C), there is a good deal of industrial development along the northern portion of Underwood Road. This development is however primarily located on the western (Deer Park) side of Underwood. The predominately residential Lomax area is located to the east. To the north, industrial zoning has been applied in the form of a P.U.D., classification with an underlying Industrial land use designation. Here the P. U. D. oversight control s prov ide protection for the nearby single family areas with Public Use and Mid to High density land use designations prov iding further buffer ing. The existing Dow Chemical facility lies north of the P.U.D. zone in a well insulated L.I. zone. Farther south on Underwood (The area in which Fish and H.B. Zachry are located), the G.C. zoning which is in place is designed to buffer the western end of Lomax from the Deer Park industrial developments. The R-1 portions of Lomax are further buffered by R-2 zoning as seen on Exhibit D. In considering this request, the Commissions primary task is to weigh the Comprehensive Plan's intent to protect residential integrity against the applicant's contention that the amount of existing industrial development in the area has rendered the Plans intent for this area inappropriate. Rezoning Request #R89-004 Page 3 Conclusion: Fish's contention that existing zoning in this area is inappropriate does contain a good deal of merit. However, the Comprehensive Plan's intent to preserve and enhance residential integrity is still of paramount importance and in the absence of alternative residential protections, should be upheld. Recommendation: Deny rezoning request R89-004. ~ :I: - ~ ~ . ~. . 1 a; $@~. i~! ~~ !~ ~ : i~ ;l':~' Ii: '. t~ c= , : ;: .,;, .;, iE :. I: · " i' ~'~'; .~. 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I ,'-" -( RECEIVED JUL 1 2 1989 CODE ENFORCEMENT July 11, 1989 City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attention: Mr. Mark Lewis Inspector - Code Enforcement Re: 1241 Underwood Road Fish Engineering & Construction, Inc. Question of Re-Zoning Dear Mr. Lewis: ~...., I .I.~UI J.. r.w':: The following information is presented in respect of the scbeduled meeting of the Zoning Commission on July 20, 1989 where the question of zoning of tbe referenced property is being discussed. l Fish feels that the property should be re-zoned as "light industrial" for many reasons, not the least of which is the activity for which the property has been used in the past and the type of businesses and use to which the properties in similar situs along the same route are being used today. The following businesses are functioning as "light industrial" in the immediate area on the Deer Park side of Underwood Road: N.U.C.O. Office and Storage Yard Amber Fabrication and Construction Dashiell Construction Company Comex Construction Company Holt Construction Equipment Yard Heckel's Automotive and Industrial Repair Deer Park Transfer Station Fluor Equipment Storage Colt Industries Fabrication EXHtSW C r ~ , ~ ~ City of La Porte Page 2 The following businesses are functioning as "light industrial" on the La Porte side of Underwood Road: H. B. Zachry Construction Dow Chemical (large storage tank and office building) Fish Engineering & Construction, Inc. The financial impact of zoning the property frontage "commercial" and the bulk of the property "residential"~ to Fish, is devastating. The property is listed on the La Porte tax roles at $750,000 (just increased). The property is for sale and five (5) potential buyers have offered varying amounts of approximately $750~Ooo for the property. All potential buyers would require that the property be zoned "light industrial". It appears that the property is worth something less than $300,000 if used for residential or commercial purposes. The lost of value to Fish is very significant. There is also an overall loss of tax value to the City of La Porte resulting from this zoning. Fish has discussed this problem with other property owners in the area who have similar concerns about this potentially dramatic drop in their property value. Fish appreciates you and the Zoning Commission taking a further look at this situation. If there is any additional information needed, please advise. . cc: Mr. Robert T. Herrera, City Manager EXH'B1T C ~IS~ [ I 1.1 . . . . . . , . . . . , , . . , . , '1 ................... . ................... . ................... . (.:.:.:.:.:.1 I , I w0~J~'vUUuvU ~ O.O~.-OOOO.OOOOOC>O. ~~ ~,-,--. (\(",--''-'0 rV"v',- .... ~:::::::::::..::.T.:.....:..:..r-I ........ mmmmmmmmmmmmm .\ \ \ \ \ \ \ \' \ - . LOW DENSITY RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL U, COMMERCIAL USES COMMERCIAL INDUSTRIAL USES INDUSTRIAL USES ~ EXH'B\T D ,", ".."'..,'~.""""~,~.~""',~"'..-~""""'-""<............"'--,...---_....-'--~--- ~-.,.~.,,~-~"-----,..---"--~"".