HomeMy WebLinkAbout10-19-1989 Public Hearing and Regular Meeting• •
MINUTES OF
PLANNING AND ZONING COMMISSION MEETING
October 19, 1989
Members Present: Chairman Janet Graves, Commissioners Inge
Browder, Eugene Edmonds, Jack Gresham.
Members Absent: Commissioners Lola Phillips, Bobby Blackwell,
Charlie D. Boyle.
City Staff: Director of Community Development Joel H.
Albrecht, City Inspection Mark Lewis, Community
Development Secretary Nina Browning.
Others Present: Larry Erwin, representing Excell Material Co.
and 2 citizens.
1. CALL TO ORDER
Chairman Janet Graves called the meeting to order at 7:03 PM.
® 2) APPROVAL OF MINUTES OF SEPTEMBER 14, 1989
A motion was made by Inge Browder and seconded by Jack Gresham
to approve the minutes of the September 14, 1989 meeting as
submitted. All were in favor and motion passed.
3) CALL PUBLIC HEARING TO ORDER
Chairman Janet Graves called the Public Hearing to order at
7:05 PM.
CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU 89-007
REQUESTED BY E%CELL MATERIALS, .INC.
Mrs. Graves turned the meeting over to Mr. Albrecht to bring
the Commission up to date on the request and the
recommendation of the staff.
The request is on a ~ 2.711 acre tract located south of Hwy. 225
on Strang Road for the development of a concrete batch plant.
The property in question is zoned Light Industrial (LI).
Section 7-500, Table A of the Zoning Ordinance designates SIC
#3273 as a Conditional Use within "LI" zones. The standards
which are most likely to be applicable to this request are (A)
,~~'~ Lighting & Glare, (D) Dust or other particulate matter and (G)
Noise.
® •
Planning & Zoning Meeting
Minutes of 10-19-89
Page 2 of 4
Section 7-700 sets forth "Special Use Performance Standards"
which must be considered in reviewing a Conditional Use Permit
application. These standards regulate the following:
traffic control, drainage, compatibility with surrounding
area, required licenses obtained, availability and
adequacy of public services and loading berths.
All of these standards appear to be applicable, in some
degree, to this request.
Section 10-202 sets forth the conditions for approval of a SCU
permit and states that a "permit shall be issued only if all
of the following conditions have been found."
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.
2. That the conditions placed on such use as specified in
each district have been met by the applicant.
3. That the applicant has agree to meet any additional
conditions imposed, based on specific site constraints
and necessary to protect the public interest and welfare
of the community.
In regards to conditions which are applicable within Light
Industrial Zones, the applicants appear to meet or have the
ability to meet all conditions with the possible exception of
adequate water service, which does not impair the granting of
the permit. There is no water or sewer provided by the City
to this site and prior to the development of the site,
adequate fire protection will need to be provided for the
protection of the structures on the property. This matter has
been discussed at great length with the Fire Chief/Fire
Marshall and they have stated that prior to the issuance of
the building permit, adequate fire protection be provided.
This application, subject to compliance with the following
conditions, appears to be eligible for consideration for a
Special Conditional Use Permit:
1) An operating permit, issued by the Texas Air Control
Board, shall be obtained by the applicants, prior to the
facility beginning operation.
2) Adequate water and fire protection shall be provided for
the site prior to the facility beginning operation.
3) A landscape screen, approved by the Director of Community
Development, shall be in place prior to the facility
beginning operation.
® •
Planning & Zoning Meeting
Minutes of 10-19-89
Page 3 of 4
Staff would suggest a landscape screen in the area indicated
on Exhibit D, which is 225 ft. along Hwy. 146 and 551.445 ft.
along Hwy. 225.
PROPONENTS:
1) Larry Erwin, representing Excell Materials Company
Stated that the company wants to meet all the
requirements of the City and do a good job. He said that
the company has no problems with any of the special
conditions requested by the City.
OPPONENTS:
None present
Mr. Albrecht stated that the staff had sent out six (6)
notices to the property owners within the required area and
received one (1) reply in favor from Mr. Bruce Angel.
4) CLOSE PUBLIC HEARING
Mrs. Graves closed the Public Hearing at 7:20 PM.
5) CONSIDER RECOMMENDATION REGARDING SPECIAL CONDITIONAL USE
PERMIT SCU89-007.
After a brief discussion among the Commission a motion was
made by Eugene Edmonds to recommend the Special Conditional
Use Permit provided the conditions are met and the minimum
landscaping be as shown on Exhibit D, a second was made by
Inge Browder. All were in favor and the motion passed. The
recommendation will go to City Council on the second Monday
in November, which will be the 13th.
6) DISCUSS ITEMS TO BE CONSIDERED DIIRING THE 1989 ANNUAL REVIEW
OF ZONING ORDINANCE NO. 1501.
Mr. Albrecht gave the Commission a packet for their review
that covers the items that have been brought to the attention
of the staff. He stated that if the Commission had any other
items to add to this for review to let his office know.
Included in the packet was a timeline for the review process.
® •
Planning & Zoning Meeting
Minutes of 10-19-89
Page 4 of 4
7) ADMINISTRATIVE REPORT.
Staff report on Fairmont Park, East, Section 4, Phase A. This
is an information item only, no action was needed by the P &
Z Commission at this time.
8) ADJOIIRNMENT
There being no further business a motion was made by Jack
Gresham and seconded by Eugene Edmonds to adjourn. All were
in favor. Meeting adjourned at 7:35 PM.
Respectfully submitted,
~ /~~
Nina Browning, Secr ary
Community Development
Minutes approved on the ~ day of November, 1989
Jane Graves, Chairman
Plan 'ng & Zoning Commission
neb/10-20-89
..
SPECIAL CONDITIONAL USE PERMIT
SCU 89-007
SPECIAL CONDITIONAL USE PERMIT REQUEST SCU89-007
Requested For:
A 2.711 acre tract located south of Hwy 225
on Strang Road. A street address has not yet
been assigned. (See Exhibit A)
Leqal Description: Ritz Tract out of Tract 2 of the Enoch
Brinson Survey
Zoninq:
Light Industrial (LI) (See Exhibit A)
Purpose of Request: To allow development of a concrete batch
plant (SIC #3273)
Requested By:
Mr. Larry D. Erwin, representing Excell
Material, Inc.
Backqround:
As noted, the tract in question has a zoning classification
of Light Industrial (LI). Section 7-500, Table A of the Zoning
Ordinance designates SIC #3273 as a Conditional Use within LI
Zones.
Section 7-501 establishes minimum performance standards for
industrial activities. These standards include regulations for
the following:
A. Lighting & Glare
B. Radiation & Electrical Emissions
C. Smoke
D. Dust or Other Particulate Matter
E. Odors
F. Explosives
G. Noise
The standards which are most likely to be applicable to this
request are A) Lighting & Glare, D) Dust or Other Particulate
Matter and G) Noise. These standards will be discussed in the
analysis section of this report.
Sect ion 7 -7 0 0 sets of orth "Spec ia 1 Use Per formance Standards"
which must be considered in reviewing a Conditional Use Permit
application. These standards regulate the following:
A. Traffic control
B. Drainage
C. Compatibility with surrounding area
D. Required Licenses Obtained
E. Availability and Adequacy of Public Services
F. Loading Berths
~
SCU89-007, Report Page 2
All of these standards appear to be applicable, in some
degree, to this request.
Section 10-202 sets forth the conditions for approval of a
S.C.U. permit and states that a "permit shall be issued only if
all of the following conditions have been found."
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.
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.
Analysis:
As indicated on Exhibit B, this facility is to consist of
the actual batching machinery (See Exhibit C), an above ground
water storage tank, a fifty-nine foot tall silo, a control
building and an outdoor raw material storage area. The raw
material will primarily consist of various types of aggregate
stored in piles.
The standards of Section 7-501 which are applicable to this
type of facility are:
1. Liqhtinq & Glare:
2. Dust or Other
Particulate Matter:
In order to comply with this
standard it will be necessary to
direct all yard lighting towards
the interior of the property and
away from rights-of-way and
adjacent property.
This paragraph requires compliance
with all federal, state and local
regulations. Federal regulations
regarding emissions of dust and
particulate matter are enforced by
the Texas Air Control Board. The
applicants will be required to
obtain an operating from the
Control Board prior to starting
operation. By securing an
operating permit, the applicants
will have satisfied this
requirement.
~
.
SCU89-007, Report
Page 3
The applicants' tract is surrounded
by industrially zoned property and
well separated from any commercial
or residential zones (See Exhibit
A). The relative isolation of the
site should prevent noise from
posing a serious problem.
3. Noise:
Regarding the "Special Use Performance Standards" of section
7-700, the following factors will apply.
1. Traffic Control: The southern portion of strang Road is a
dead end street which primarily serves
trucking and railroad related industrial
traffic (See Exhibit A). The existing
roadway intersects Highway 225 and
appears to be adequate and suitable for
the type and quantity of traffic likely
to be generated by this facility.
2. Drainaqe:
The property in question is not located
in a flood hazard area. Drainage is an
issue routinely addressed in the City's
Certified Site Plan review process.
Should this project be approved,
drainage issues will be addressed in
site plan review.
3. Compatibility With
Surroundinq
Area: As already noted, the site for the
proposed facility is located in an area
of industrially zoned property. The
closest neighbors to the tract in
question are a trucking firm located
immediately to the north and the
Southern Pacific switch yard facility
located to the southwest. Further,
Southern Pacific's proposed railyard
expansion should eventually take up a
great deal of the property located to
the south. Compatibility with the
surrounding area does not appear to be
an issue.
~
SCU89-007, Report
Page 4
4. Required Licenses
Obtained: As already discussed by securing
operating permit from the Texas
Control Board, the applicants
satisfy this requirement.
an
Air
will
5. Availability and
Adequacy of
Public Services: At this time neither the tract in
question, nor the immediately
surrounding area are served by City
water and sewer or fire protection (fire
Hydrants) . Sewer does not pose an
overly serious problem. While sewer
service does not appear to be readily
available, the Plumbing Code allows for
the use of on site septic systems. A
small on site septic system should be
adequate to meet the needs of this
facility.
Water is however, a more serious issue.
While there is an existing water well on
site, well water, under the terms of the
City's fire code, is not adequate for
fire protection. Further, the City has
no knowledge of the quantity or quality
of water available from the well.
There are two points from which water
service can possibly be extended to the
tract. Availability of water is an
issue which must be carefully considered
prior to making a decision to approve or
disapprove this request.
6. Loadinq Berths:
The only "loading berth" proposed for
this facility is the "dump" chute under
the batch hopper as indicated on Exhibit
C. The location of the hopper should
pose no setback problem.
Regarding the conditions for approval set forth in Section
10-202, the following factors apply.
Compatibility must be determined by the Commission based on
public comment, information provided by the applicant and the
Commission's knowledge of the City and the Comprehensive Plan.
In regards to conditions which are applicable within Light
Industrial Zones, the applicants appear to meet or have the
..
SCU89-007, Report
Page 5
ability to meet all conditions with the possible exception of
adequate water service.
Regarding special conditions to be applied to this site, as
indicated on Exhibit C, a raw material storage area is proposed
for the east end of the site. A six inch thick concrete slab is
to be poured for the storage area. Aggregate, primarily composed
of various sizes of gravel, is to be piled in this area. This
would appear to be an appropriate area for screening.
staff would suggest a landscape screen in the area indicated
on Exhibit D.
Conclusion:
This application, subject to compliance with the following
conditions, appears to be eligible for consideration for a
Special Conditional Use Permit.
1. An operating permit, issued by the Texas Air Control
Board, shall be obtained by the applicants, prior to
the facility beginning operation.
2. Adequate water and fire protection shall be provided
for the site prior to the facility beginning operation.
3.
A landscape screen, approved by the
Community Development, shall be in place
facility beginning operation.
director of
prior to the
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1989 ZONING ORDINANCE REVIEW
\-
CITY OF LA PORTE
PHONE 1713) 471.5020 . P.O Box 1115 .
LA PORTE. TEXAS 77571
October 13, 1989
Janet Graves, Chairman
Planning & Zoning Commission
RE: 1989 Annual Review of Zoning Ordinance #1501
Dear Janet,
A packet consisting of ordinance review items and backup
material to be considered by the Commission will be provided at
the October 19, 1989 Planning & Zoning meeting.
The information to be covered will consist of items
suggested by staff, Planning & Zoning Commission and City
Council. The review need not, however, be limited to these items
only. Should the Commission wish to consider any additional
matter, staff will be prepared to offer every assistance.
While staff will
questions whenever they
in the review process
thorough manner.
be happy to research proposals and
are put forward, receiving comments early
will enable us to research material in a
Commission members wishing to have items considered in the
review should contact my office.
Sincerely,
~ !2t4_~-__
1 H. Albrecht, Director
ommunity Development
..
..
ADMINISTRATIVE REPORTS - A
~
...
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STAFF REPORT
FAIRMONT PARK - EAST SECTION 4 - PHASE A
Item No. 7 on the agenda is an information only item, no action is
needed by the Planning and Zoning Commission at this time.
Attached is a chronological review of the status of Fairmont Park
East, Section 4.
Nov. 3, 1983
The P & Z Commission approved the final plat
of Fairmont Park - East, Section 3 and 4,
subject to the inclusion of a 12" water line
and the completion of Driftwood Drive.
Sept. 9, 1985
The City of La Porte completed
review of Fairmont Park East,
construction plans.
it's final
Section 4
Jul. 16, 1986
A request was made by Janet Gray Wahrlich
requesting an extension of the final approval
on the construction plans for Fairmont Park
East, section 4.
Jul. 29, 1986
The City of La Porte gave a one year extension
to the construction plans as requested.
Sept. 19, 1989
The City of La Porte received the construction
plans and the plats for Fairmont Park East,
Section 4, Phase A. Please note Section 4 has
been broken into 3 separate parcels. The staff
has reviewed the construction plans to asure
the proper utility flow.
After the review by the P & Z Commission (no
action needed) and the successful completion
of the contract documents, the City will be
issuing a "Notice to Proceed".
Again this Agenda item is not an action item, but for information
purpose only.
JHAjneb
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MINUTES
OF THE
REGULAR MEETING OF THE
LA PORTE PLANNING AND ZONING COMMISSION
NOVEMBER 3, 1983
--"
1. The meeting was called to order by Chairman Doug Latimer
at 7:00 P.M.
Members of the Commission Present: Chairman Doug Latimer,
Members Bobby Blackwell, Bruce Hammack, Lola Phillips,
Charlie Doug Boyle
Members of the Commission Absent: Janet Graves, Karl Johnston
City Staff Present: City Secretary Cherie Black, Assistant
City Attorney John Armstrong, Graduate Engineer John Joerns,
Director of Public Works Jerry Hodge
Others Present: Janet Gray, Gray Enterprises; Don Grisham,
Gulf Southern Engineering
2. The minutes of the October 6, 1983, public hearing and regular
meeting were considered.
Motion was made by Bruce Hammack to approve the minutes as
presented. Second by Lola Phillips. The motion carried, 5
ayes and 0 nays.
Ayes:
Nays:
Blackwell, Hammack, Phillips, Boyle and Latimer
None
. - ---.--.....
3 . The Commiss ion-;;;;idered approval of the f inai'repla t of
Fairrnont Park East-,-S'~ctions' 3'-a'nd"' 4----- ___un___/
Motion was made by Bobby Blackwell to approve the final replat
of Fairmont Park East, Sections 3 and 4, contingent on recom-
mendation of staff to include the 12-inch water line and
completion of Driftwood. Second by Bruce Hammack. The motion
carried, 5 ayes and 0 nays.
Ayes:
Nays:
Blackwell, Hammack, Phillips, Boyle and Latimer
l'\one
4. The Commission considered approval of the replat of a portion
of Meadow Park Subdivision, Section 1.
CiTY OF LP~ PORTE
f
File No. - 8lJ38 -
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CITY OF LA PORTE
..
PHONE (713) 47\.S020 . P.O Box IllS
.
LA PORTE. TEXAS 77571
September 9, 1985
James W. Gartrell, Jr.
"Gulf Coast Engineering & Surveying
P.O. Box 382
La" Marque, Texas 77568
HE: Fairmont Park East - Section 4
Construction Plans
Dear Mr. Gartrell:
.-
The City of La Porte has completed its final review of the above
mentioned project. Approval of the construction plans is hereby
granted on your latest revised set dated 7/1/85.
Upon successful completion of the contract documents, we will
issue a Notice to Proceed.
.Also, please send us a copy of the Harris County Permit when you
acquire it.
Should you have any,guestions, please feel free to call.
;;~~
Steve Veltkamp
Engineering
SV/tla
xc: Bob Spe ake
Jesse Taylor
Mr. E. V. Gray
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"i;'j';'~;~~'ig~~rf.;r';'2~;i;"\f"~JY0;~~~;F3Y2;;:~'}~~~'.~~~'~~;X~;f;;,;".. ;'....:,' .
,'J ,: "&-;-2~;::;~;:~~"Upoi1~Sept€nDer~" g';:, 1985." the" City, of: LaPorte:' isSUed: a~"let ter stat ing,
':':.-P........,....-:.:'h"'.~)f."-'.~ _'.f;":":~i::-'''''_:.-:-'. ~''"''':..;;...:.,--.....-, -....--i_..c.:...._,.."'~.~ 0 -',--:"0_ -.;;, ".:_...'., - _ ~"__-"..... "~"-"_'~ - _~~-. -' .....;.\.-1... ..,......,. - ::;.,~.....~""..", - . ';_"~, - '...:-C-' ,:,. " .;. .;.
7~tha t;t-, theV'construct i on; pranS,:'-f6r~Fai riOOnE:Park~ East::) Sect ion::Four,~ (wi th" '
c _ _
':;"""c'lc;::': ~'~ttliesexcondl hons'ihave::,caused~~ a-: delay,t'ln'. the ',constructlon' of: FalImont
l~lj;~~~~~g!ft:~w}~~!1J~1'~'~:~J~j~1\;~~~~~!~,~jtfi1~;
',' '-:~-approximately:~O day~.., ' __,~
. ~~-
""'-~~'~;\'''_ -." ,.r_"
We therefore request an extension of our Final Approval, on the
construction plans for Fainnont Park East Section Four for a period of
one year to Septanber 9, 1987. Please contact~ me at the above address
if you need additional information. Thank you for your help in this
matter.
Yours truly,
~u~~
~~YW~
FAIR\rnf PARK JOINI' VENlURE
Jm. so
C23FPJV020786
P. O. Box 638
707 Memorial Drive
Bay town, TX 77522
713.422.3677
CITY OF LA PORTE
PHO"E (713) 471.5020 . P.O Box 1115 .
LA PORTE. TEXAS 77571
July 29, 1986
FILE
Mrs. Janet Gray Wahrlich
Fairmont Park Joint Venture
c/o Gray Enterprises
707 Memorial Drive
Bay town, Texas 77522
RE: Fairmont Park East, Section Four
Request for Extension of Construction Plans
Dear Mrs. Wahrlich:
. Our staff has
your request
construction
September 9,
reviewed the necessary ordinances pertaining to
for a one-year extension of your development
plans dated July 1, 1985 to be extended to
1987.
He are pl ea sed to inform you tha t you r requ e st ha s been
approved. However, it is still required that you comply with
our letter of September 9, 1985. Please see attached.
We wish you every success with your project.
know if I can be of further service.
Pl ease let me
Sincerely,
~-J /r~-7
/;{:?..~
(..v:~~ "C,2~)
;/ J ~ h t. ,oJ 0 e ; n s
r Difector of Community Development
PO/tla