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HomeMy WebLinkAbout08-17-1989 Public Hearing and Regular Meeting® • ' MINUTES OF PLANNING AND ZONING COMMISSION MEETING AUGUST 17, 1989 Members Present: Chairman Janet Graves, Commissioners Inge Browder, Lola Phillips, Eugene Edmonds, Jack Gresham, Charles D. Boyle, Bobby Blackwell. Members Absent: None City Staff: Director of Community Development Joel Albrecht, Community Development Secretary Nina Browning, Assistant City Attorney John Armstrong. Others Present: Edwin Mills, Gary Davis, David Couch, Debbie Couch, Janet Wahrlich, S. E. Hootman, Don Holloway, Randy Woodard, Betty Wright, Juanita Bello, Lydia Reid, approximately 20 citizens. 1) CALL TO ORDER • Chairman Janet Graves called the meeting to order at 7:04 PM. 2) APPROVAL OF MINUTES OF THE JULY 20, 1989 MEETING. A motion was made by Bobby Blackwell and seconded by Inge ~__ _ Browder to approve the minutes of the July 20, 1989 meeting as submitted. All were in favor and vote was unanimous. 3) OPEN PIIBLIC HEARING Chairman Janet Graves called the Public Hearing to order at 7:05 PM. CONSIDER SPECIAL CONDITIONAL USE PERMIT APPLICATION SCU89-004 Mrs. Graves turned the meeting over to Mr. Albrecht, Director of Community Development. Mr. Albrecht summarized the request of Mr. David Couch, 9910 Avenue "H". The purpose of this request is to allow the construction of a 6,000 square foot storage building for the storing of hay and livestock feed as well as equipment. They are seeking this permit with the pasturing of livestock being declared the primary property - ~ use, the proposed 6,000 square foot building will be the ® primary structure in conjunction with this use. • s • Planning & Zoning Minutes Meeting of 8/17/89 Page 2 of 5 The conditions attached to this type of use are as follows: 1. Pasture area must be setback 25' from property not also used as pasture; 2. Buildings used for hay storage must be setback at least 30' from all property lines and all other buildings; 3. Animals presently pastured on this property may remain, but shall by attrition ultimately be reduced to a maximum of no more than 5 (based on the 2 animals per acre allowed by Ord. 1501); 4. No commercial boarding or exhibition of animals may take place on this site. The property in question is properly zoned and of adequate size, it therefore meets zoning ordinance pre-requisites. The recommendation from staff is to grant the Special Conditional Use Permit subject to the above listed conditions. At this point Mrs. Graves asked if anyone wished to speak in favor or opposition of the request. Those speaking were as follows: • 1) Edwin Mills, 9930 North Ave. "H" - was in opposition of granting this request. 2) Gary W. Davis, 9930 North Ave. "H" - supported what Mr. Mills said and is also in opposition of the request. 3) David Couch, 9910 North Ave. "H" - citizen making the request. He needs the building to store hay and feed for animals and equipment. 4) Debbie Couch, 9910 North Ave. "H" - same as her husband. 5) Richard McClelland, 9802 Robin - is in opposition of the request. Mr. Albrecht told the Commission that staff received 6 replies to the notices that were sent out: i) Edwin Mills - against 2) David Couch - in favor 3) .Mrs. A. W. Davis - against 4) Gaylen Ramm - against 5) Richard P Godfrey - in favor 6) Debbie Couch - in favor ® • Planning and Zoning Minutes Meeting of 8/17/89 Page 3 of 5 CONBIDER REZONING REQOEST R89-005. Mrs. Graves excused Mr. Charlie Boyle from the Public Hearing and discussion on the request due to conflict of interest. Mr. Boyle was dismissed at 7:30 PM. Mr. Albrecht gave the background of the request to the Commission. The property in the request consist of Blks. 416- 419; La Porte tract; bounded by North Broadway on the west, Madison on the north, Adams on the south and an abandoned Southern Pacific rail spur on the east. Granting this rezoning would constitute an amendment to the City's Comprehensive Plan and will also have implications for the City at large. Having acknowledged this however, the applicant's reasoning and request appears to be sound and reasonable. Staff recommends granting the rezoning request of the subject tract to P.U.D. with an underlying Commercial Industrial land use for the requested zone change area and the remaining land included in the I.C.N. site plan. ® At this time anyone wishing to speak in favor/not in favor of the rezoning spoke. They were as follows: 1) Don Holloway, President of International Cargo Network 2) Janet Wahrlich 3) S. E. Hootman All the above were in favor of the rezoning, no one was in opposition. Mr. Albrecht told the Commission that staff received 9 replies to the notices that were sent out: 1) Dorothy Esppinger - in favor 2) C. Nicolini - in favor 3) Decker McKim - in favor 4) E. Figari - in favor 5) Isabel Reinhart - in favor 6) Ann Monk - in favor 7) Michael Sutton - in favor 8) Josephine Tviola - in favor 9) J. Green - in favor Mr. Boyle rejoined the Commission meeting at 7:53 PM. U • • Planning and Zoning Minutes Meeting of 8/17/89 Page 4 of 5 CONSIDER REZONING REQIIEST R89-006. The request for Light Industrial zoning is for property located at 423 South 8th Street having present zoning as General Commercial. Mr. Albrecht informed the Commission of the purpose of the request for rezoning and also noted a rezoning to Light Industrial would increase the degree of setback non-conformity already existing in this building. Due to the small size of this tract and the lack of any nearby industrially zoned property, granting this request would have the effect of creating "Spot Zoning". In conclusion this request would be contrary to the intent of the Comprehensive Plan, increase the degree of non-conformity in al already non-conforming structure, potentially place a wide range of industrial activities in close proximity to a developed residential neighborhood and constitute spot zoning. Staff's recommendation is to deny this request. Mrs. Graves open the floor to anyone wishing to speak in favor or against the rezoning request. Those addressing the ® Commission were: 1) Randy Woodard, La Porte State Bank - in favor 2) Betty Wright, 401 S. 7th - in opposition 3) Juanita Bello, 502 S. 7th - in opposition 4) Lydia Reed, 430 S. 7th - in opposition There were 2 replies received concerning the rezoning: 1) Romeo Bello, 502 S. 7th - in opposition 2) H. Carlos Smith, 1003 East "D" - in favor 4) CLOSE PIIBLIC HEARING The Public Hearing was closed at 8:15 PM. A short break was taken at this time and the meeting reassembled at 8:25 PM. 5) CONSIDER RECOMMENDATION REGARDING 8CO89-004 Charlie Boyle made a motion to grant the Special Conditional Use Permit 89-004, there was no second and the motion died. Inge Browder made a motion to deny the request and Lola Phillips seconded. After discussion the vote was call with 4 in favor and 2 opposed, motion passed and request was denied. • Planning and Zoning Minutes Meeting of 8/17/89 Page 5 of 5 6) CONSIDER RECOMMENDATION REGARDING REZONING REQIIEST R89-005 Mr. Charlie Boyle was excused from the vote and discussion due to a conflict of interest - 8:30 PM. A motion was made by Bobby Blackwell and seconded by Eugene Edmonds to approve the rezoning request to International Cargo Network as recommended by staff. All were in favor and the motion passed. Mr. Boyle returned to the meeting at 8:33 PM. 7) CONSIDER REGARDING REZONING REQUEST R89-006 A motion was made by Bobby Blackwell and seconded by Lola Phillips to deny the rezoning request. All were in favor and the motion passed. 8) PRESENTATION BY MR. ED NOONAN REGARDING PRELIMINARY PLAT OF THE BAYGREEN COLONY SUBDIVISION. This item was withdrawn from the agenda by staff due to insufficient information and will be presented at the September meeting. OTHER BUSINESS - Next meeting will be September 14, 1989. Bobby Blackwell requested some type of workshop with the City Council; all members of the Commission agreed this was needed and asked staff to set up the workshop. 9) ADJOIIRNMENT There being no further business a motion was made by Bobby Blackwell and seconded by Eugene Edmonds to adjourn. All were in favor. Meeting adjourned at 8:40 PM. Respectfully submitted, . ~/7~ ~ /~.~1Z1 Nina Browning, Secreta y Community Development Minutes approved on the day of , 1989. Ja t Graves, Chairman P1 ning and Zoning Commission neb-8/21/89 HOM~.. HOMESITES ACREAGE INDUSTRIAL PROPERTIES 0 BUSINESS AND COMMERCIAL PROPERTIES s ~ v~v-v • MOTEL AND APARTMENT FRANK R. BOYLE, SR.- FRANK R. BOYLE, JR. - CHARLES D. BOYLE SITES "20 Years'Experiencein the Bay Area" PHONE 471-2122 202 SOUTH 2ND STREET P. O. BOX 24 LA PO RTE, TEXAS 77571 To The Honorable Chairman and Commissioners of the Planning and Zoning Commission of The City of La Porte Re: Rezoning Request R89-005 Dear Chairman and Commissioners: August 17, 1989 I am writing to inform you that I will not.be able to take part in the delibera- tions, public hearings, or recommendations of the Planning and Zoning Commission on the above referenced rezoning, in that I am and have been acting actively as the Broker representing Frank R. Boyle, Jr., who is selling Lots No. Eleven • to Fifteen, inclusive, in Block No. 419, Town of La Porte, Harris County, Texas, to Decker McKim, Trustee. I feel that, under State law, I am not in a position to give unbiased deter- mination to the proceedings, and therefore wish to advise you that I shall not be in attendance at any of the meetings on which this matter is discussed. If other matters that I might be further advised Commission while zoning. come up on the agenda for consideration, please advise me so able to attend the meeting on such other matters, but also be that I will not be able to attend or be in proximity to the it is making its determination on the above referenced re- Yours ve ruly, ~~ !G~~v G arles D. Boyle Boyle Realty Compa~ Member, Planning an Commission, the City of La Porte CDB/lc APPRAISALS- LEASES- PROPERTY MANAGEMENT Zoning ~ -• „1 ® PLANNING & ZONING COMMISSI0IJ PUBLIC HEARING SPEAKERS SIGN-IN SHEET Da1,v,~CrJ~/GVl ~~/Vjre~~gl-/vtr~ Sr~ fGr~ ~~N ~r ~tv Qv f Ga~ ~~7 All speakers will be limited to five minutes. Consider _ from ~ to tic~~. 5. b ..> 7. 8. 9• 10. 11. 12. 13. 14 : °'~ ~ ~J i • ~ r • J ~ j ~ ~ ~ECwE1V~E~ ~~~ ~ ~~ 1989 ® Planning & Zoning Public Hearing CODE ENFORCEMENT TYPE OF MEETING David Couch SCU 89-0 04 August 17, 1989 MEETING SCHEDULED FOR I HAVE RECEIV ED NOTICE OF~THE ABOVE~REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AA4 ~ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOA'ING REASONS. ~. ~ ~C c1 Q/J ~1 Cc1-1l ~L16 ~~Yi'~ro'7~7~'~ t~ GJ al Sj'e c~r ~ o~ G~L/51~-~5 G or~-n~nce.~ ~du~ `t S~dTt~e~S Ihe,e VtoN Ilcns tnc 14-~e Pu.~ c~Ye. • ~ rd~ 1~~,~e~ 1 ~ ~er~G~n~ V~n~~Tlonh r 11uc5~~5 n 1 /C royJSJong sla> -~ 1~'"~s ~ip~•rn~n ~ 5ewd4 e ~ nu.rne,rou.5 0l he-r5 , . u ?• Ap~jr~a.n~ h~5 d~~r~prlr~~e-~ ~ cli7req~r~ ~ ter ~~ Y'i~h~S _ y7~Gd , C~ .lrJ. 1~ D.».tf_d~ .__ _..._.____ _.._.-94 3~ I~ ~tJe . /-~ SIGNATURE LA O~T~ ~, l e~~75 HOME ADDRESS . l ~ S • • ;' ~n ~. rl1'1 I t~ ~ t~ ~ Y1 ~ 1~-~ t - G ~ ~ >r l rt a r ~i _ t .2 ® ~ e : ~~T ~~~ ~ Coic.cr ~ SE U 89 - ooh o-t tti5 Ylei~~~r~. ~e a ore de5~r~ ~ed Ut~~~~on 5 0~ ~oc~~ ~raTc ~' ~ec~ EYE ~ 1~1 w5 ire. ~ ~-•h e d e.~r ~ me.~1~ ~ ~ }~~e. ~ I;LY rD w vt, d ~. v'.c ~Y~Pe.r n2~g T ~ shear ~e~``~`~l, ~ ~ ~Ite ~alu~~ P~~c~ ~ wpvh ~e.~r t7Yo~p•e~~ie~ ~wr~P...r •~~d~hi~~.. ow~e.~ ~.~ Tree.. ~J~Prrtc a>1~~ ~5 ~~rti c'>t nUl~~nce ~~In~ ~ ~~» el- !v ~e ~re,~ Su,rYDecn o~~n ~e.ir~ r'~r-'te~ Uy ~.3Gd~7 ~r~~ fi"r'ow~ ~~ Oovr ~v Wt,~inTc~ t ne~d ~~+ce tn~erid~~ 1'25~'ra ~ h ~" ~f,e wt.. ?'~e_ Drvb le w. ~,~ Corn. oun ~e~~ ~~e ~~rG e Ylu~m~7e/' o~ c~nrm~f5 m~n >~e 3m~1// ~r~ t ~ cuh,cl~ ~~ t~ ~ U~ i '~ ~+1,c~ ~,y 11` t. YY~c'~ V~yln. P..,-..~ b ~F- l t 'p !~v ~ t~c.~ ~ t v~ ~ _ } dw~ u W Y14~ ~ h~ Ov~• ~ 11`1 L~ r~. ,.. e n .- ti P1 s', , ~ ~ ' ~~ _ iJ LL J)J L - 3,--_ 7'/l e. _ ~ju,` f d ~ r- y lh ~OC~Tc d 9n t~2 n T QOr~a+'1 B ~ ~l t? ~o v 1, fray, ~ , in ~ ~o~~~on r~h;~ `~o~a/ly end rc~~o.tah/„ r,~,l~ t~ . ~2 ~^rt ~ ~w5 ~~ t• ~Q- C.On'Sr ~¢lC.d t ~r Ye ~AhS~u.t'~e.L~ G~ ~S~t!J~1y~N »1..'I~~i i~ ~ ~=..~.rlnB~r- c~e 7.r~?c~l+~ iYo~.... ~'~+t `3~11-pro cZ o~re.c~ ' , p ~- . ~e c~ n'!~ ~ ~ p~c~ ~e c~ 1' ~ ~ u-1 l ~ t n Cria v~ ~•e. ~ t5 5 15 1Q~ ~ ~~Grc~ ~uyi'nChS - V'e.~,~e- ~~~ tsi Vld ~c~'iha,~ o~ L~ da~Tt ~ ~Y ~JF~. ~ /~jd~, p n . 5, ~-e r~5~ a-~ -~i rc, t~ no j~ ~~ce~fa~l~ far ~~5 ~~~ . rrr~,~r; ~L. - da. e ~ ' 1 r~ l o c~~]'~~c.r.. ~ ~' ~.(-~~Qx~a. l ~ '~ ~ c~ r--+ rh ~ b ~ ~ Yv~ ~~e r I a ~ ti 1 ~1 5ue~~ C ~ lti5E. 1/ Ybl!_ t tm i ~~ ~ ~¢. o~ ~ 1 c~ L2,L'S Y47rr`P P6~ aPt ~ r~ I ~~~ °~lY~ Le. ~~- ~.~ t~. o~ L~ ~012~ ~~ h Y~ w d~ ~+~- 1°p ~~r 1 hh - ~ r 1 U a • • Planning & Zoning Public Hearing TYPE OF MEETING David Couch SCU 89-004 August 17, 1989 MEETING SCHEDULED FOR AUG 1'7 199 CODE ENFORCEMENT I HAVE'RECEIVED"NOTICE-OF'~THE'ABOVE.REFERENCED PUBLIC HEARING AND I AM /f~/T IN FAVOR OF OR I AM' IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOH'ING REASONS. :~ ~ ~ ~ os ~ ~ SIGN URE /~' ,7~- HOME A DRESS • Planning & Zoning Public Hearing TYPE OF MEETING David Couch SCU 89-004 - August 17, 1989 • MEETING SCHEDULED FOR ~~uu :~;~ 19~J I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AD4 ~' ~/ I N OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. At this time, approximately•0,.,75 acres is occupied by a large residential dwelling, a two car detached garage (joined by a breezeway), and an in-ground swimming pool. There is approximately 1..25 acres under fence; that includes a barn approximately 24 ft. x 30 ft. in size. The fenced area is not maintained and animals escape from ~,Ti..s ~,~.. €et~e~ea~-ar-e }. ~ ~ ~ ,.a,., ~ ~.~r „ ~ five (5) cows,.two (2).pigs,rand an unknown number of chickens. .. ' s home and property owned by Mr., Rameriz, therefore it would not be availble to be included •in the area required to construct the 6,000 s.,f. building in question. The only remaining property available for such a building is an area approximately 121 ft. x 100 ft. (not an actual measurement due to fence layout) on the front ilable for the b ding would be directly next to my home. I already fell threatend by a f'. eat in li t of t fa t approximately twenty-five (25 +) bails of ~., ,'` 9924 North Avenue H SIG A RE La Porte, Texas 77571 HOME ADDRESS round hay lie directly next to my home, also, two tractors, two hay bilers, one mower, trailers, and miscellaneous other pieces of equipment, etc. are included. Also, there are several mounds of dirt that have been hauled in directly next to my home that have not been spread and have grown up with grass, etc. Also, raw sewage r~s in various open ditches across the described property. In an effort to remain a good neighbor, I have tolerated the above without a word, but in light of the facts described above, my objection lies with the possibility of the building being built directly next to my home, causing an even larger eye- sore, an even greater fire hazard, and a drastic decrese in the value of not only my property, but that of our surrounding neighbors. Yours respectfully. 1 \ ® • Planning & Zoning Public Hearing TYPE OF MEETING •' David Couch SCU 89-004 August 17, 1989 MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF 4&-I~AI+s --°~-~~ ~------ IN--° O~@S-I~I-0N-OF GRANTING THIS REQUEST .F-A•F~ G--R~ASO•N•&. v. ~1F31U ~2o8~a SIGNAT ~`' / ~CC.G L~.,¢. oej ~ •~' ~'~' .,:"F. HOME ADDRES S R~C~~V~~ • CODAfNfpRCfiyfKT ,. n u r~ Planning & Zoning Public Hearing TYPE OF MEETING David Couch -SCU 89-004 August 17, 1989 MEETING SCHEDULED FOR ~~~~e~~~ ~~G U y 19~g CODE F~yfCRCE~~IT I HAVE RECEIVED NOT CE 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 HOME ADDRESS ~ ~~ ~/ • .._ ._t _ • • • Planning & Zoning Public Hearing TYPE OF MEETING ~~ ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR . I HAVE RECEIVED--NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR - Q p D!1 T ~-- TLd.-Trc~~~ir5`~ ~' 0 - f • SIGN TURF G~ HOME ADDRESS RECE9V~®. AUG U ~ 1989 CODE E(dFORCEMENT. 1 1. ® • ® Planning & Zoning Public Hearing TYPE OF MEETING ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR ~~~CB~~® AUG ~ 0 19~~ CODE ENFORCEM~{~ ~~ I HAVE RECEIVED~IVOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF Off' .~ GRANTING THIS REQUEST FOR THE FOLLO4-'ING REASONS. t ~~ ~a r. d ~. I . i ` GNATU~E ..- ~'' _ ~ ~~ ~~~ ~ /?w~ ~-~ ~. { ~ ~ ~ • ~ ~ ;,` `~• ' r~5 ,.,~. ..i • ;,' ~: ' v HOME ADDRE 7~so ' ~ ® • L eG~,J l ~ ~~ ~( Planning & Zoning Public Hearing TYPE OF MEETING ~~ ,. ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR 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 FOLLOWING REASONS. i~ J _ _ ,..._~_.~ ~_.._._ __ ..- __ C SIGNATURE ~j ,~^ HOME ADDRESS ~~~~,e i ~' ~~ ~ ~~~~ ~~a _ ~a sr fir` • ~ s ~~~~ rG~~ ~ ~~ f ~~ ® Planning & Zoning Public Hearing TYPE OF MEETING ~~ .. ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR _ .... -_ I---HAVE .RECEIVED-NOTICE- OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM ~ ~c.°S' IN FAVOR OF OR I AA4 IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS. ~r ~ " c~z~ --_ _- -- SIGNA RE HOME ADDRESS • Planning & Zoning Public Hearing TYPE OF MEETING ICN Investment Corp. R89-005 August 17, 1989 AUG 1 b 1~~9 BODE ENFO.~C~ME,~ MEETING SCHEDULED FOR 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 FOLLOti'.ING REASONS. SIGNATURE ~~~~ .r ~C"~~ ~ 7 a~ 6 HOME ADDRESS ~~ ® Planning & Zoning Public Hearing TYPE OF MEETING ~~ .. ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR 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 FOLLOti'ING REASONS. SIGNATURE ~ Q HO ADDRESS ~~~~1~ ~~ p~G 1 ~.1~~9 ~ ~~~R~E~ ~pD • ~~~~~~~® Planning & Zoning Public Hearing TYPE OF MEETING ICN Investment Corp. R89-005 August 17, 1989 Auc s ~ 199 CODE E~IFORCEMEIdT MEETING SCHEDULED FOR I HAVE .RECEIVED NOTICE OF~THE ABOVE REFERENCED PUBLIC HEARING AND I AM ~ IN FAVOR OF 9~R -did" GRANTING THIS REQUEST FOR THE FOLLOH'ING REASONS. I feel that the project being proposed for this site will be an asset to the City.. I cannot imagine that there would be any opposition to it. SIGN, RE Michael J. Sutton. P. 0. Box 130507 Houston, Texas 77219 HOME ADDRESS ® • ~~~~a~~~ • Planning & Zoning Public Hearing TYPE OF MEETING ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR BUG 1 b 19~~ ~OD~ E~l_FO~C~M I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF Chi--~^ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS. SIGNATURE ~q~ ~ c~ o /' , HOME ADDRESS ,. ~ • a I I I .~ 4® ,, Planning & Zoning Public Hearing TYPE OF MEETING ~~ ICN Investment Corp. R89-005 August 17, 1989 MEETING SCHEDULED FOR I HAVE RECEIVED N CE 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 ~ ~` HOME ADDRESS ~ ~ v) ` Q • RECEIIIE~ AUG 15 199 CODE ENFORCEMEi~T r~ PLANNING & ZONING COMMISSION PUBLIC HEARING SPEAKERS SIGN-IN SHEET All speakers will be limited to five minutes. . Conside -~ ~ ~ request to rezone 61~~ ~~6 - ~~9 [..4 /~a ~~~. ~'~~ i from G, G t o ~~ . J3' Jcn I-~Ilawu- 4. • 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. W~~i~--L; ~ry ~ _ ` ~ PLANNING & ZONING COMMISSION PUBLIC HEARING SPEAKERS SIGN-IN SHEET All speakers will be limited to five minutes. Co ider La %a~ ~e ~f«- e /~a~. ~~ request to rezone Lis l1 ~ ~~' ~ I ~< S ; La o ~ fe. ~-r~:~t from ~~ to L~ . t~' 3. ® ~• 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. r~ LJ ~ '' ~ • ® Planning & Zoning Public Hearing TYPE OF MEETING La Porte State Bank R89-006 August 17, 1989 MEETING SCHEDULED FOR I HAVE P.ECEIV-E-D~ NOTICE- OF THE ~ ABOVE REFERENCED •PUBLIC HEP_RING AND I AM ~ IN FAVOR OF 'THIS REQUEST FOR THE FOLLO4~TING REASONS. ~~ l~ Gu rra~~Jj/ .~~ ~gL aS ~~q ~ ~" JX~s ~y' ~ ~- t '~ ~/ !' ff~~ L ~// / l j ~ ,/ • J ~'7 ~/YC.c•~ /~ ~ .OEIrtG'r1 D G/r/~rp~C d.~~ 5'J~2~/G° ~ / SIGNATURE /~ ~~ ~' G ~?_ ~~. HOME ` ADDRESS ~, ._ AUG v 8 1988 CODE E1yf0 ® ~ RCEM~T T Planning & Zoning Public Hearing TYPE OF MEETING La Porte State Bank R89-006 August 17, 1989 ~~~~~ tl I~a.~ AUG ~ 9 X989 COIF i~~~~T A ~ -f~ .~ ~ 1g~~.. ~OD~ rf~FC~j$C~EN~J MEETING SCHEDULED FOR I HAVE""RECEIVED'NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM ~ IN FAVOR OF OR I AM ~~ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS. ~~-=~.- SIGNATURE ~ ~~-~ %. ,7 757 HOME ADDRESS • Planning & Zoning Public Hearing TYPE OF MEETING La Porte State Bank R89-006 August 17, 1989 AUG ~ pJ ~g~~ CODE E~~pRCEME~~' MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AA4 IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOA'ING REASONS. f SIGNATURE ~o s~~ ~ ~ - t7 ~~D a S HOME ADDRESS ;: . ~., J ~i ~'r. '_ a: •- .t; .~ y ~, I;r~ ~.4K 1 III •1. f`~I . r''F: .1~ ~~P:1.'~ ,. .. ...r .,~ ".',. ~ , crt} v •.~ 1 . wi^... ' .Jr'~ Div ;"~.in~;;.:•.J 7tf.~ .. _ :.ic.._.Ir~ k ~:~ ~'t _ 1 :• ..,bra.., yy .. - .~ i~ k.:l :y. 1.., ,.$..., '`a ~fr-11. .~ . ..~ , 7..R.+' ~. _. t• . i t . ..1 ~c .lifi^ a.~"~~ ..... ~1 .A .T: ~-' A~ps~ f. • ;I~k".-~.~ r .; t .. a~ l.~. ~,~, ''y - ..1 _.;~ } ;1 _~ ~,.1~1 N •.f'3 , .. ~~''1. - ~~ - ''~. ~, ~ . .. r.~ _ . ~',i Y: .. k~ V ~''.i' _~.'7r.. *~ ~•r'y °.., ~ _ L a ~~ ~ -`r I ~~. ~ . • i I .~ 1 .~ ~~YtL ~ZAI~ I,;A~p}~ d I iyr= f iwNt J~rL r'4rNt ~YM; I •wNt I~~~; I ~N+ Mys ~wr+ I Z I I I 6I I I I i • u a 41 p p 0 0 o p p o I ~~ o p o0 0,11 o ~ 0 u` I ~ I ~ ~ ~. ~ ~, ~ i ~ ~ I I I i ~' ~ ~ , ~ INTERNATIONAL CARGO NETWORK ~ n~ asnsuin~ rw,vr I ~ ` I r ~ .. m~ ruw -~ 1 ~ ~ww aoutn tC I -_ ~' SPECIAL CONDITIONAL USE PERMIT SCU89-004 CITY OF LA PORTE APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------A~~li~~ti~~-N~~~--:f~:-~-~-- OFFICE USE ONLY: Fee: $100.00 Date Received: }'-c:Re1-.?9 Receipt No.: CJ?/~~ Cj Certified Plans Submitted: 5u~ue.,/ ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan ( ) Preliminary Plat p~;~~~-M~~i~~-R~~~~~t~-----ts~~~~d---C~-t=;-Ul~~-------------------- Ma i 1 ing Address: C\ C\ \ \:) ~ '\) <?-- \\- l~ot~e..i~.lI5l\ . City/State: BUSINESS NAME:. PROPERTY ADDRESS: LEGAL DESCRIPTION: ZONE: J{ -I TYPE OF BUSINESS: ~~ .&~-~~ Date Phone: 4) \ - 6" a L..\~ 4~3- ~l06 qq \~ ~ V-L -t\ ' ~~ ::-\ ~. SIC USE CATEGORY: ~D...o,J( ,-~- ~ \ \~~~. -Owner or Authorized Agent ---------------------------------------------------------------------- - OFFICE USE ONLY ~ /11/ tier I I Date of P & Z Public Hearing: Recommendation: Y or N Date of City Council Meeting: Zone: g ~ I This application is: CLP JOB f: Conditions: Approved: Y or N Approved ( ) Permit If Denied ( ) (If Assigned Yet) Date CED/1-'87 Zoning Administrator SPECIAL CONDITIONAL USE PERMIT REQUEST SCU89-004 Requested For: 2.2490 acres of land being 2.0027 acres out of the west 1/2 of Outlot 487, La Porte outlots and 0.4263 acres acquired by writ of possession dated January 18, 1974 (See Exhibit A) Address: 9910 Avenue "H" Zoninq: R-l, Low Density Residential Requested By: Mr. & Mrs. David L. Couch, owners Background & Analysis: The property in question is located on the western end of North "H" street. The Meadowcrest Subdivision is located on the opposite side of "H" Street to the north. To the south, the property abuts a public park located in the Creekmont Subdivision. Large lot residential homesites flank the property to the east and west (See Exhibit B). The applicants, whose home is located adjacent to this tract, are requesting a Conditional Use Permit to allow the construction of a 6,000 square foot storage building. The purpose of the building is for storage of hay and livestock feed as well as "equipment." The applicants presently pasture horses on this tract. This is a listed accessory use on "Large Lot" residential tracts. Accessory buildings of up to 2,000 square feet are allowed on "Large Lot" tracts. Pasturing of livestock as a primary use is permitted on "Large Lot" tracts on a Conditional basis (Section 5-600, Table A). As noted, the applicants' homesite has been excluded from the described 2.4290 acres. They are seeking this Conditional Use Permit so that pasturing of livestock will be declared the primary property use. The proposed 6,000 square foot building will be primary structure in conjunction with this use. The conditions attached to this type of use are as follows: 1. Pasture area must be setback twenty-five (25) feet from property not also used as pasture. 2. Buildings used for hay storage must be setback at least thirty (30) feet from all property lines and all other buildings. (Southern Building Code) 3. The animals presently pastured on this property may remain but, shall by attrition ultimately be reduced to a maximum of no more than five. (Based on the two animals per acre allowed by Ord. 1501.) 4. No commercial boarding or exhibition of animals may take place on this site. As livestock is presently being pastured at this location, denial of this permit will not affect the applicant's right to continue to do so as an accessory use. If However, the permit is granted, the pasture area must be brought into conformance with all the above listed conditions. Conclusion: The property is question is properly zoned and of adequate size. It therefore meets zoning ordinance prerequisites. Recommendations: Grant SCU89-004 subject to the above listed conditions. -"--.. < < fT:d % "I.R./" t 4' B/W Fence J I . 0. 42103 ~CRES ACCQUlRED 05'-1 I ~ 0 BY WRIT OF POSSE.SSION 1-18-74 '-:1 <" Vol 1023 Pg. 331 H.C.D.R. $i -1 0.5.' SOUTH It OUTLOT 231 ro490lnd. '-3') I 4...5 (as per recorded pia' ) ., "\ gl R<coni;ed Soufh It of oui W,487j l l( ~ <is r;;:;, ,:',',1, _ 1 ~ L SI~ J~ ~ 8'0237. 61.S,r: - ~, 0) '2.0027 ACReS ~I ~ ~I ""1 ~i ~I ~ OUTLOT 487 I '" I 'I o ~ i ... ~ () () C) U) " " ~ J:j 'i ,'\ \ ~.. I: , d~) . '" ~ i .....;., r~i...t ( ... ,) - l--", .r--'" - - :. ),.:...J CHARLES E. BATES & ASSOCIATES REOISTI!ER.O PUBLIC SURVEYORS & CITY PLANNING CONSULTANTS "1".,0 &. LAMBUTH . DEER PARK, TEXAS 77330 . 479-!5B23 WEsT 242.36' /"".tnd,Si8""R. -- I { ltJ ~ ~ ... "- a I) a () < OUT LOT 488 4' B/W rellCe '7 \ l( (---1 trd~" . ~., Woad fepce .~ ~g:t $8.40 _______ ... S8900r24"E ~I' ~ 4.1!----j ': ~ ~ ~ -r - - - - - ~ ~. <Sv , I ~ K f-' ~ ~ r ---1 !: I ~......." '~I( I I \ 1 . 1'1', . ~---I I 0-1 1 4J / .2, - -, ~-., I~ ",' I -... L I'l" ." I ~ I ---' I . \ \, I I :\9 , I I.:". I 99/0 I i':: j! : ~ ~- --fl---: I' I . 1 S) I------J C;S r-6,t>'~.<lI~ I rsef94"RT.P. \ ICO.60' ~ /-Fnd. ~'twcod fbsf Ro.e. tJ.wCor OJfLof Fnd.I'I4"'.P. 487 {rd. jY4"I.P --..... \ " " I N89()Sa'O/" E /4/.4/' I?O.B. SURVEY MAP \\H// STREET (80' Ro.W) OF 2.4290 ACRES OF LANO BEING 2.0027 ACRES OUrOF THE WEST f/2 OF OUTLOT 48~ LAPORTE OUTLOTS AS PER VOL. 61 FG. 374 H.C.D.R. AND 0, 426:3 ACRES ACCtyUlRED BY WR.IT OF POSSESS/ON DATE.[) JAN. /81 /974 AND RECORDED IN VOL. /023 AS. 33/J H.C.DR. CITY OF LA PORn:) HARK/S COUNTY; TeXAS. SCALE: /11=((,0' SURVEYt::.O: JUL Y 3,1989 Nole'This lurvet has not been abstrQC'te~ by 1ha surveyor. I hereby CIHo' i fy 'hat th 1:1 'Ul"Ylty "as rIllde on the VI"ound. 'ru' this plat co,.r-eetly ".p"jn~nts the fset, found .t 'tn.. II"'. of 'uryo, and that this prof..si"n,' '."'1lc. confor_. to ttu cu,.,.ent T..a, $ur"eyor, "'stoel.tion t.nd...d and Specifications for. C.t.g COl'lcfltl II$u"'" . EXH'B'T A. 13 28.6 o AtO~ x ~x l.9 J x ~" '-', I. D~ x DI ~x x ~D-+_J ~ ,~\ \ ..[p x x x 1137 1141 1145 1138 1142 eXHIBIT B REZONING REQUEST R89-005 CITY OF LA PORTE APPLICATION FOR ZONE CHANGE REQUEST Application No.: OFFICE USE ONLY: Fee: $100.00 Date Received: Receipt No.: (v( Site Plan () Minor Development Site Plan ( ) Major Development Site Plan / ( ) General Plan ( ) Site Plans Submitted on 7 ?--;/<;;q . , 2'1- 005 7~- ~7 01/ J' APPLICANT1S NAME: ICN M~n~gprnpnt A~~nr;~t~~ Address: Date: 7/28/89 Signature: PH: 711-Q,)1-n055 600 Jefferson II')')') H(m~tnn I 'T'Y ICN Investment Co Managing Partne 0'\tH1ER 1 S NJlJ.1E: Land under contract to G. Decker McKim. Trll~tpp fm- TC'N M"'THl86'ment Associates Address: P. O. Box 1711 hPn.,..te>, TX 77571 PH: 471-3611 Property Legal Description: Blocks 416.417.418, 41q (x) See Attached I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF. Date: Signature: Zone: GC Requested Zone Change: BI SIC No. b??? -Proposed Usage: Refrigerated Warehouse OFFICE USE ONLY 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - AI/) 9//1/y1 Recommendation: Applicant Notified of Date(s): (v) 1st t-1tg. V ,1 ( -t.ir 2 n d ~1 t g . Adjoining Property Owners Notified: 2) City Council: (a) Regular Jl:eeting (b) Public Hearing/Mtg. - Approved Denied ) ) Adopted by Amendment. Ord. if 150 1 - CONTINUED ON NEXT PAGE <=A:.:A:A:.:A:A~ 436 435 >- <3: 3= o <3: o ~ m :I: t- ~ o :z #0 A #0, A A #0 #0 A A #0, A A #0 A A "., A.... A A A. A A A A A A A A A It. A. A ^ A A A A A A A A.... ^ A A ,.. A. ^' ^ A ,.. A A A A ^ A A A .. A #0 A A .J. A A A. A A ^ A. A .. A A. ^ :,.:^: 417 "'",.:".,: A A ^ A A. A A A. ... .... A. .... ^ ^ ^ ... ^ ^ "" ^ ^ ^ ... ^ A A ^ ^ ^ A 4 A. A. ^ ^ ^ ^ ^ ^ A A A ^ ,. #0 .... A ^ '" .... .... ^ ,. ,. ,.. ^ A A ,. '. h- . ,. ^ ^ ^ ^ ^ ^ ^ ^ A ,.. ^ ^ I nterneti onel Cergo Net work Zonl ng Chonge Request 610cks 416, 417, 416, 419 Loporte, Texos Barbours Cut Boulevard (:A:^:A:A:A:A:A~ ~:A:.:A:A:.:A:~ ~:A:A:A:A:.:A:A:> cE:A:A:A:.:A:A:A~ 437 438 439 979 NORT H F 434 980 433 432 MADISON A A A #0 .. A ... A A . .. II. .. .. A A . .. ... ... A A A . ". ... A It. A A A A II. .. .. .. A A .. A .. :...:.A 419 "'"..:...: .. .. ... .. .. A A A . A .. A ... "'" #Ie .... .. .... A .. ... A .. A A ... A "'" 4 .. .. .. It. A A A #0,'" A A .. .... A A #Ie A ^ A A A A A ^ A .. '" It. .. A A It. A A A .. "'" A A .. .. A. ... ... ... ^ A A A It. A ^ A 422 420 TYLER . ^ ^ ^ A #to A ^ ^ ^ ^ #0 ^ A ^. ^ I A A .... A. . ^ ^ ^ A ^ ^ ^ ^ ^ A A A ^ ^ "., ^ ... ~:~:~^; 1 ~^~:~:~ ^ ,. ^ ^ ^ ,. ^ ^ A ^ ^ ^ ^ A ~'.h ".h4 ^ ^ A ^ A ^ ^ ^ ,. ^ ^ ^ .... ^ ^ ^ A A A. ^ A ^ A. '^ ^ A ,. A ^ A. ^ A A A A A REZONING REQUEST R89-005 Requested For: Requested Zoninq: Present Zoninq: .Requested By: Blk 416-419; La Porte Tract (See Exibit A) Business Industrial (B.I.) General Commercial (G.C.) (See Exhibit B) Mr. Don Holloway, President, LC.N. Investment Corporation, owner Background: The tract in question is comprised of four, standard thirty- two lot blocks which are bounded by North Broadway on the west, Madison Street on the north, Adams Street on the south and an abandoned Southern Pacific rail spur on the east (See Exhibit A). These blocks are presently undeveloped. Madison, Tyler and Adams Streets are all open but undeveloped. A street and alley closing for this tract is currently pending. The four blocks are part of a General Commercial Zone which extends to the south across East Main and to the west across North Broadway. The property to the north is zoned Business Industrial. The property to the east is zoned R-2, Mid Density Residential (See Exhibit B). As indicated by the City's Land Use Plan there is a public park proposed for the property located south of the tract in question (See Exhibit C). Rezone Request R89-005 Page 2 Analysis: In reviewing the Comprehensive Plan and Zoning Appendix, the intention. to contain industrial development within "corridors" is "Northside" residential intention to buffer and protect the neighborhood from industrial clear. Also evident is the encroachments (See Exhibit B). This rezoning, if granted, will represent a major expansion to the Barbour's Cut corridor and bring industrial development much closer to the main body of the Northslde neighborhood. Also to be considered in reviewing this request is the issue of property ingress and egress and increased traffic. North Broadway is designated as a "local Collector" street by the City's thoroughfare plan and is developed as such: i.e. two lanes of paved surface with unpaved parking shoulder (parking shoulders are not fully developed for the length of the road). Development which will make use of North Broadway for truck traffic will necessitate the upgrading of Broadway. The type of traffic generated will also make it necessary to amend the City's Truck Route ordinance to designate North Broadway as a truck route or allow a truck route to extend two blocks south of Barbour's Cut Blvd. It is staff's understanding that the rail spur located along the east side of the tract being considered here is to be reactivated into the subject tract. The applicants propose to develop a landscape buffer west of the tracks. This buffer, Request R89-005 Page 3 which is not included in the rezoning request is to occupy the eastern one half of Blks 415 & 420. This area is to be developed as a private landscaped park facility which will be for use by the applicants' employees. The final consideration is one of need. The Comprehensive Plan has endeavored to establish ratios of commercial and industrial to residential property. There are currently large tracts of undeveloped B.I. and L.I. property located within the City. It is therefore incumbent upon the applicants to demonstrate the need for a rezoning of this tract. In demonstrating the need for a rezoning, it is necessary for an applicant to demonstrate that one of the two following criteria have been satisfied. 1. There has been an error made in assigning a zoning designation to a tract or area. 2. Development patterns unforseen by the Comprehensive Plan have emerged and are sufficient in scope to warrant an amendment to the plan. It is clear that the present zoning does not constitute an error but, rather reflects the goals held by the City and it's citizens at the time of the Plan's adoption. It must therefore be demonstrated to the Commission's satisfaction that there has been a change in development patterns which are sufficient to justify this rezoning. It is the applicant's contention that there has indeed been Rezone Request R89-005 Page 4 an emergence of development patterns unforseen by the Comprehensive Plan. These changes have come in the form of the increased activity and the current $80 million expansion of the Port of Houston's Barbour's Cut Terminal. The increased Port activity has had the effect of increasing demand for property on which to develop port related business. It has also decreased the likelihood of viable residential neighborhoods or General Commercial centers developing in the area under consideration. Ready access to Barbour's Cut Blvd. and the presence of an existing railroad R.O.W. both serve to make the tract in question attractive and suitable for Business Industrial type development. The applicant's reasoning regarding this tract appears to be sound and worthy of careful consideration by the Commission. If this rezoning is granted, North Broadway will become the line of demarcation between Industrial and (to the west) non industrial uses. The General Commercial zone which runs along East Main will act as a buffer for the residential neighborhoods located to the south. It appears, that with proper property controls in place, B.I. type development may well be the highest and best use of land in this area. Due however, to the potential scope of development in this area and the close proximity of residential neighborhoods, B.I. zoning may not be the most appropriate zoning designation for this tract. A zoning designation of P.U.D. with Rezone Reque5t Ra9-005 page 5 an underlying land use designation of Commercial Industrial appears to be a more suitable alternative. The Conditional use procedure which insures Planning & Zoning Commission and City Council oversight of development standards, will give the City the means with which to protect the integrity of neighborhood development. PUD controls should ulltimately be extended to the entire ICN development. Given adequate control on the City's part, it appears that B.I. type development on this tract could comfortably coexist with existing development in the area and ultimately benefit the City as a whole. The major issue which is raised has to do with the primarily undeveloped R-2 zone located to the east. In the short term, the park proposed by the applicants will provide an adequate buffer for this zone. However, accepting the applicant's reasoning regarding their- tract calls into question the Comprehensive t:1l::m IE; inte:nt for tIle: e:ntire: #-1 ~on~; Approval of the request will almost certainly mandate a review of the Comprehensive Plan's intent for the northeastern quadrant of the city. Conclusion: Granting this rezoning will constitute an amendment to the City's Comprehensive Plan and will also have implications for the City at large. Having acknowledged this however, the applicant's reasoning and request appears to be sound and reasonable. Rezone Request R89-00S Page 6 Recommendation: Grant a rezoning of the subject tract to P.U.D. with an underlying Commercial Industrial land use. IH ~ .'V/~ \~~~~ \: ~'r LI ~ ! -'TM_ ~ c ~ ': ..- :z: w ) ~ Bl ~~ G:)I\ cr . C5;J J - ~' -l"~l '" .r:.: ....;~.~ ~~~~ I - too. -Il~ __ [%1. BI 7j /I/; r; l!I) ^ ^ x. x. l.(j '(\f.), ~ ~ " ~~~{ /. '\ ~N.Y\ ~ 'J bll'it)( ..Y -- 98 -- '7, . !l6 1I6 \ 73 74", - -;~:- 15 72 71. "'- ~ 50 '" o \ 4' ~ .- : .... r. " R-I ."ue " I u ""III lL .- - ~ ~ "', I ~ ~ 9 I ~~ ~ 756 1\5 \ I 1\ ~~24 ~_ - 792 l' I ili'-r\ ~l II. . liT. I "I .J - ,,- ..... C ,T. II. ,.; ,.; .. .. :z: :z: 0 ,T. LA >- >- .lR. HIGH .. . II. SCHOOL , ,..: >- ~ .. .. 0 'i - LA~ ,T. l 'or. ~ ., iCttool + /' '" ) u - ~ /~ - 1// / 111 TOTAL TRACT 1 - ~!TP.ACT LINDER CONSIDEAATIOII .T ~i _ , I I r, : EXH'Brr-A ~" -----. - ~ BARBI I ~\ , ' . - --. ----- "-" - - ~ C'JT ..'10. ! ~ , 'I , \\ ~', R-2 ~~ , ..... t>:." <t- ....... ~ ~ ~ ~ ~ ~ 1:, ~ ~~ () "0 ~ 9 'fr..... ~,.~ I ~ ~ 7(' -;.. Q LEGEND I MH MANUFACTURED HOUSING R-I lOW DENSITY RESIDENTIA R-2 MEDIUM DENSITY RESIDEN R-3 HIGH DENSITY RESIDENTIAl i NC NEIGHBORHOOD COMMERCI I GC GENERAL COMMERCIAL I, BI BUSINESS INDUSTRIAL PAR I 1I LIGHT INDUSTRIAL HI HEAVY INOUSTRIAl PtJl) PLANNED UNIT DEVEI.-OPME L r-- )~ ", ~J\~:\. .c) ,- ~&-f)' -- \ ~ . . I I ~ ~~ I ~~;.~1'1 ,,::~..':;? . ~~ " JJ... 2 II ~~ . PUCH ...: L 1 I .;-_ -....- . % Of PUD .. z <: (f) a:: w 3 o ....J ----- - ;:'.. N, I . SCALE:I":IOOO I , 2000 .....J. 0 500 100~ . ~, _ - \[ 4~__~_~ ....- ~~~~~ : D..: .. =... i.. ~ .~.~ ~i',i.' ~;I" . . GC _ . ~ _ ~I . ~~... ~.... . . . - - 2 -- L .7 ... - R IN ~ /// _ t _97 - I' ..---. <"G~ I' fl,a""f,~" Ji,(A.. ( - 9 96 95 M- · R~ I\. /:~ I IL_ _ l~ ~ ~ l J73 74 ~ ~ ~ 1- ' 685 \' 72 71 I~- Ir I 81 j ~ .1. ..... I. , - OT "WI. UMDUflS . I . ; ~ I i II ; ~ I I R-2 - ...- I ""'III .. 'T - ST. II. I ~ ~ <' . :\ ~ ~ \ ~~ "0 ...... \... 'fot ..~..'" 7 0 "9 50 I J G<1 r- 1-6, ~ 25 75 \ " \~ 2"\ I l-'\:f\ L "l. '1\.\ -1-= l1lL "0 r ~ I ~ ~ ... <:. L ..... t1" /( I ~ ... \. II. J t ST. ~ I. a JIt'!!!~. ~,,~_.. EXHIBIT B ... -- ---- - ;1 ,.; : ; I I D I ST. I 1 ;L..~ II. ~_.._LLI _ .. :, SCALE:\": 1000' o l 1000 200 :::: --- :'. .: :~::::. ::-::::::.':::~':-:: ~,CITY' OF ..LA PORTE LAND- USE PLAN + ), 1 ~~":.~~~'-.~~'-.~~ I I I l I J k'.................. '.1 N .................... .. ....... e. ....... '0' ~ .................... . t.:.:.:.:.:.1 LEG EN 0 - . -- ----. CONTROLLED ACCESS HWY. ZONE 500' AL{)~ PARALLEL TO HIGHWAY-RIGHT -OF- WAY . _ )NG ) . i I I PUBLIC USES LOW DENSITY RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL USES COMMERCIAL USES .,,"" COMMERCIAL INDUSTRIAL USES EXHIBIT C ,.... ......... .. I ......................................... ....................................... ......................................... ........................................ ..........................--............. ...... -- -............................ INDUSTRIAL USES REZONING REQUEST R89-006 ~ CITY OF LA PORTE APPLICATION FOR ZONE CHANGE REQUEST ---------------------------------------A~~li~~ti~~-N~~~--~~=-~~--- OFFICE USE ONLY: Fee: $100.00 Date Rece i ved : ? - -S/-$? Receipt No.: ~ ?/JI9-- (J) Site Plan () Minor Development Site Plan ( ) Major Development Site Plan /.... 1(.) General Plan ( ) Site Plans Submitted on 1:":'1 ?it/] --------------------------------------------------------------------'-- Address: 4/Lre ..- ,5 / IrTe I!J 19/1/ J:: APPLICANT'S NAME: Address: Date: OWNER'S PH: <;1/-29/1 r/~ () See Attached Date: ~l Signature: Zone: Requested Zone Change: L. JC !!J IT fU u ~ A-e rU)[1 /lJt SIC No. 3StS- Proposed Usage: -~. ---------------------------------------------------------------------- ---------------------------------------------------------------------- OFFICE USE ONLY Ft: /fv1 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - Recommendation: Applicant Notified of Date(s): (~1st t~tg. Adjoining Property Owners Notified: ~ (f~ 2nd Mtg. 2) City Council: (a) Regular Meeting (b) Public Hearing/Mtg. - Approved ( ) Denied () Adopted by Amendment Ord. #1501 - ____ CONTINUED ON NEXT PAGE I.Jt\LA PORTE WSTATE BANK W. Randolph Woodard Chairman of the Board and Chief Executive Officer July 3, 1989 Mr. Joel Albrecht Director of Camnuni ty Developnent City of La Porte La Porte, Texas 77571 Dear Mr. Albrecht: It has recently cane to my attention that a real estate property recently fore- closed on by La Porte State Bank is no longer in confonni ty with current City of La Porte zoning ordinances. I am writing Y9U to give a short history of this facility and ask you for your advice. In 1980 a company called Diesel Power Systems constructed a 12,000 sq. ft. office and warehouse facility on land located at 423 South 8th Street. The company engaged in the manufacturing and repair of diesel systems. In 1985 the lender Allied Se.<3brook Bank, foreclosed an t..'1e property due to the bankruptcy of the CCITq?any. In 1988 La Porte State Bank was approached by one of its custaners to prrchase the builC',in:J and use the bailding for inventory of equipnent parts and fabricating of same. In accordance with the zoning cedes they requested a permit and received same. SUbsequently the borrower, Charles Black/Black Construction Services, experienced financial difficulty and La Porte State Bank foreclosed in early 1989. Upon foreclosure we were inforrred by a real tor that the use of the building by both the original owner and Mr. Black were not currently in confonni ty with existing zoning ordinances as passed by the City of La Porte in January 1987. The building was originally constructed for manufacturing and warehousing. It v.uuld cause us an enonrous hardship if the building is no longer able to be used for that purpose. 815 Highway 146 South 1-: 0 Box 1457 La Pune, TcxQ.\ 77571 713/471-2911 Page 2 Mr. Joel AThrecht July 3, 1989 I appreciate your indulgence in reading this short history and would appreciate any help your office can give us in detennining why this property was not Grand- fathered and hCM its original P-lrPQse can be reinstated and used for the benefit of the City of La Porte. d Board and .ve Officer WFW/zer Requested For: Address: Requested Zoninq: Present Zoninq: Requested By: REZONE REQUEST R89-006 Lots 11-16; Blk 5; La Porte Tract (See Exhibit A) 423 South 8th Street Light Industrial (L.I.) General Commercial (G.C.) La Porte State Bank, represented by Mr. Randolph Woodard. Backqround: The property in question is located at the corner of South 8th and West "0" Streets. It is occupied by an approximately 12,000 square foot metal building. The building contains office and warehouse/shop facilities. Although ,the building complied with all applicable zoning requirements at the time of its construction, it has been rendered non-conforming by Ordinance 1501. The non-conforming status is due to failure to meet front and rear setback requirements. A rezoning to Light Industrial would increase the degree of setback non-conformity. The last business to occupy the building was Black Construction Services. On their Zoning Permit Application, Black listed their business as Paving Contractor (SIC 1611). This type of business is permitted in General Commercial Zones. Issuance of Black's Zoning Permit (#88-004, issued 1/14/88) effectively eliminated any right of pre-existing non-conforming use which may have been attached to the building as a result of previous tenants (See Exhibit B). Analysis: As noted, the current zoning of this property is General Commercial. The tract is located well away from any of the City's industrial corridors. It is further situated immediately adjacent to a developed single family neighborhood located in the abutting R-1, Low Density Residential Zone. The intent of the Comprehensive Plan, as evidenced by the City's Land Use Plan, is for the development and redevelopment of South 8th Street as part of the Highway 146 Commercial corridor (See Exhibit C). Granting this request would be clearly contrary to the Plans intent. As also noted in the background section of this report, a rezoning to Light Industrial would increase the degree of setback non-conformity already existing in this building. As indicated on Exhibit 0, the buildable area on this site would be very limited under Light Industrial zoning. Finally due to the small size of this tract and the lack of any nearby industrially zoned property, granting this request would have the effect of creating a "spot zone." Conclusion: Granting this request would: 1. Be contrary to the intent of the Comprehensive Plan; 2. Increase the degree of non-conformity in an already non-conforming structure; 3. Potentially place a wide range of industrial activities in close proximity to a developed residential neighborhood; 4. Constitute spot zoning. Recommendation: Deny Rezoning Request R89-006. NOTE: PLAT RECORDED IN VOLUME 57, PAGE 320, HARRIS COUNTY M^P RecorD:>. LOT DOES NOT LIE WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING 70 TIlE FEDERAL INSURANCE ADMINISTRATION FLOOD }~P. LOTS SHOWN ARE 25' X'125'. ~{{ \,/>0' '" ~ .;.~~-< ~,,~ .. " ~ I- l.J.J l.J.J = l- V") 0" a! ~ l- e:) ::I: l- => o V") "'" N .0- ~ t' t 't U./JC "..., 'l ~ 1 () .. " ..- 1'1' ", ",,0 ,,,," ,.10 ,,0 IZ~.OO --,.--,- ~ ~ , :r 1\ ~o RECEIVED JUL J 1 1989 CODE. tNfORCEMENI 1>J d,..~'/~() :il-otl r'" ...~ -,.-~ f~ 1 O~ -- ; tO~j , ....'''.1! ~ j g .J rj 1;1 >- ~ --J c:::: .( \.o11z' , lD rl .,; fl I - STORY M~TAL I3LOC" SURVEY OF LOTS 11 THRU 16~ BLOCK 5~ TOHN OF LA POP.TL SCALE: 1"=30' DATE: 1-1'2-88 SURVEY BY: T.B. DRAWN BY: J.E.B. FOR: STEWART TITLE CO. C.L.C.,87119(P31 ALLIED SEABROOK BANK PURCHASER:CHARLES A . BLACK &: JOYCE' F '. 'BLACK JOB NO. 84-11555 ~01'I~ \.0114 /I Z ,/ \..01' IS a1' III \.. IZ~.OO '}IEST "D'''' STREET HARRIS COUNTY1 TEXAS I HEREBY CERTIFY THAT THIS SURVEY CONFORMS TO THE CURRENT TEXAS SURVEYORS ASSOCIAT' "''l STANDARDS AND SPECIFICATIONS JR A CATEGORY I B, CONDITION 3 .. HVEY. J ' . /' l. ',' ,,7 / ') A. fLd . /.:1 ~,--."L Bill:'!' L. SHANKS REGISII RATION NO. SHANKS,SURVEYORS 940 GEl EXHIBIT A ~, CITY OF LA PORTE '/ ,~ PERMIT NO. 5~t1t!.if ZONING PERMIT DATE ISSUED 01-14-88 THIS PERMIT IS ISSUED TO Black Construction Services BUSINESS NAME 421-423 South 8th Street, La. Porte STREET ADDRESS Lots 11-16~ Block 5~ La. Porte LEGAL DESCRIPTION TYPE OF BUSINESS: PROPERTY ZONE ~)J ~ pavinq Contractor SIC USE CATEGORY 1611 This permit becomes invalid with or ownership of this building or (??t-d6~ Owner or Proprietor any change of use, occupancy, tenancy lease spa~~ Jd6l:f- Zoning a ni ~tor POST IN A CONSPICIOUS PLACE EXHIBIT B CITY OF LA PORTE ZONING PERtHT APPL TCATI'ON BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: g~4cK GlU5 rrUCT7C>tJ S;-I/;{d?~ L/2/-.L(23 c-~ 8/"1I Sfr~r ~ Il-/(P/ 7kx.K. ~ ~P/cd1b ~ <-\y OWNER () PROPRIETOR NAME: Ch/iYLe~ /I. ;6UJC-K MAILING ADDRESS :- 4'2/ S. BrffSr. PHONE NO: C;~'I SlL( 7 This is a < ) NEW <X) EXISTING Building Rt//~7 UylJ/r4C--rcJ~ The use proposed for this building is: / /;r!? / D te -----------------------------~----------------------------~ OFFICE USE ONLY ~- a Application No. ~g/- /6 /I , This application is: in conjunction with building Approved ~ Denied Permi t No. 00 fL permit H l!/f{ This application is filed ( ) COMMENTS: tj/y/~~ D e d.~ 4:-r?AA . - Zoning tl .st or CED/1-'87 EXHIBIT B ... SCALE: I": 1000' ~..~r". ...... ,. ..., =::2 ~ . . . . 0 \.1 1000 II - - I j / ~ CITY OF LA PORTE\ 'J i~ LAND USE PLAN ~~ · · ~ ~~~~~~'..~~~~~ LEGEND -_______. n. CONTROLLED ACCESS HWY. ZONE 500' ALONC PARALLEL TO HIGHWAY RIGHT -OF- WAY !..!!- .. '----' -.. PUBLIC USES -- LOW DENSITY RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL USES JP08 MIMICI COMMERCIAL USES COMMERCIAL INDUSTRIAL USES 'R- .).1 .. : : :: I . .. . ... I .., ...... .......... I I...........r ........ " ~ ....................................... ....................................... ....................................... ....................................... ......................................... ....................................... INDUSTRIAL USES , 1f' " r=XHIBIT C . t....,' . I ..._.---~-_.. NOTE: PLAT RECORDED IN VOLUME 57, PAGE. 320, HARRIS COUNTY MJ\P RCCOr.D:J. .... '~.." LOT DOES NOT LIE WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING 70 THE FEDERAL INSURANCE ADMINISTRATION FLOOD }~P. LOTS SHOWN ARE 25' X'12S'. -< ~r-'" .,1 po I- W W OC l- V) I- ~ ::c I- =:J o V) t"'"\ N ..:::r' 0'" o ~ o \') J, tV ,f t"- "'-- '/J . st1 ..,0 ItP,.l RECElVED JUL J 1 1989 CODE. t.NFORCEMENI .,.10 \..0 .' ./ .~ ~ ~o IZS-.OO ., :"..1 I /JO/;/L.Z.S06~a~'r"'~ ".-.- r '\ (--'- ~I I ao -- , ;:.... ., I ,~ f~~e./~.L~~~ ","'" rv-~..:z: _ '" '. '. I - S TOR Y ~ ~ I ,,,,,MH~..r~ 12b~ i ' I '.,[0 6:>-7.-'2--1 ~ " \" ~ ... 70 ,e-:1 ~~ 70 e,,8 >- W -,. -1 ~ .. lD .-{ ., I' 11..0 t I ,. :r.0 Q' I.~ I \0,' \ ti ~.o ;, 1.__C~/U3~~ ~..tOh ~ - ". or (, IZ :5".00 __'_"'_ t "...i ,.~r'\ '\ ______ II, ,c.{"voO ,IV '}lESr 1)'''' STREET SURVEY OF LOTS 11 THRU 1.6" BLOCK 5" TOYlN OF LA PORTE" HARR 1 S Cot!~ITY. TEXAS EXHIBIT n ........ I I I III I I I I I I ; ....,..t. \....'f If'''t. I....,.., .,.""1. ~..p'"t I It"''''", 1'11"'''' I ......... \.....i' 1..-.. ~ . r..... ~.,..1. \....." j 9 ~ I I I 'I I I . I I I I I I J I I I I I I L_ -_ _ _ _ _ _ __.._- _ ____ _ _ _-1 a a C , I I I , "j' ;gIIlJ: I J I f I i ..l INTERNATIONAL CARGO NETWORK PIIIDIIl _ rlCUf -...... _COlIll't ---- ~.~~ I I I I h I I I I I I I I -II I I I --- -.- THE Sl[ LA CRQ~ ,.,...