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Home My WebLink About05-21-1992 Public Hearing and Regular Meeting of the Planning and Zoning Commission~ ~ • MINUTES • MINUTES PLANNING & ZONING COMMISSION MEETING MAY 21, 1992 Members Present: Chairman Inge Browder, Commissioners, Eugene Edmonds, Wayne Anderson, Doug Martin Members Absent: Commissioners Lola Phillips, Betty Waters, Paul Schaider City Staff Present: City Inspector Mark Lewis, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee Others Present: Randall Navare I. CALL TO ORDER Meeting was called to order by Chairman Browder at 6:05 PM. II. APPROVE MINUTES OF THE APRIL 16, 1992, REGULAR MEETING • A motion was made by Wayne Anderson and seconded by Eugene Edmonds to approve the minutes as submitted. All were in favor and the motion passed. Doug Martin abstained from voting due to his absence from the previous meeting. NON-ACTION ITEM -Citizen Randall Navare who resides at 10610 Deaf Smith addressed the Commission. He expressed his disapproval of a house being built on his street. Mr. Navare feels the lot and the house are too small and would inevitably depreciate the surrounding property. He asked the Commission if there was any action that could be taken to prevent the house from being built. Mr. Armstrong informed the Commission he had suggested Mr. Navare file an appeal to the Board of Adjustment regarding the enforcement officer's decision to grant the building permit. Mr. Lewis felt that the size of the lot in question would be allowable since there is a provision in the current Zoning Ordinance which states in the case of apre-platted lot (which this one is) the lot can be built upon so long as it can be developed in a manner that conforms to all other Zoning Ordinance requirements. • Page 2 of 5 Planning & Zoning Commission Minutes of May 21, 1992 III. CALL PUBLIC HEARING TO ORDER CONSIDER AMENDMENTS TO ZONING ORDINANCE 1501 REGARDING BED AND BREAKFASTS. AMENDMENTS ARE PROPOSED FOR SECTION 3-100, DEFINITIONS; SECTION 5-600, RESIDENTIAL USE TABLE A; SECTION 5-800 SPECIAL USE PERFORMANCE STANDARDS Chairman Browder called the Public Hearing to order at 6:14 PM. Mr. Lewis updated the Commission regarding the status of the proposed amendments pertaining to Bed and Breakfasts. They are as follows: 3-100 DEFINITIONS: Bed and Breakfast ~: A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental subject to the following restrictions. 1. Bed and Breakfast ~ shall be operated by resident homeowners. 2. Bed and Breakfast ~s shall conform to the requirements of Section 5-800. 3. Parking shall be provided in accordance with the requirements of Section 10-609. 4. A Bed and Breakfast shall be allowed one (1) sign, not exceeding three (3) square feet in area and non-illuminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of Section 10-1000, Residential Sign Table B. n U • Page 3 of 5 • Planning & Zoning Commission Minutes of May 21, 1992 5-600 RESIDENTIAL TABLE A: • Uses Zones R-1 R-2 R-3 MH Bed and Breakfast ~s as defined by Section 3-100 * D C C C 5-800 SPECIAL USE PERFORMANCE STANDARDS: H. Bed and Breakfast ~s (as defined in Section 3-100) 1. Bed and Breakfast ~ shall be operated in accordance with the Bed and Breakfast and home occupation requirements of 3-100. 2. Additional required parking shall not be provided in any required front or side yard. 3. Bed and Breakfasts shall comply with the Boarding House requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). 10-609 REQUIRED PARKING: Uses Number of Parking. Spaces Required for Each • 2 Minimum. Plus Bed and Breakfast ~ 1 Each Rental Room • Page 4 of 5 Planning & Zoning Commission Minutes of May 21, 1992 A. PROPONENTS None B. OPPONENTS None IV. CLOSE PUBLIC HEARING • Chairman Browder closed the Public Hearing at 6:15 PM. V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING PROPOSED ZONING ORDINANCE AMENDMENTS • A motion was made by Wayne Anderson to submit the proposed ordinance amendments to City Council. The motion was seconded by Eugene Edmonds. All were in favor and the motion passed. VI. STAFF REPORT Mark Lewis informed the Commission there would be a Public Hearing next month involving a rezoning request. Copies were made of the request and were distributed to Commission members. Mr. Armstrong reported last month the case which involved the Board of Adjustment had been won by the City. A motion for a new trial has been filed. It was heard this past Monday,May 18 and was overruled by the judge. If an appeal is to be requested, the deadline is July 6, 1992. VII. ADJOURN A motion was made by Eugene Edmonds and seconded by Wayne Anderson to adjourn. All were in favor and the motion passed. • The next meeting will be June 18, 1992. • Page 5 of 5 • Planning & Zoning Commission Minutes of May 21, 1992 Respectfully submitted, Peggy e Planning Department Secretary U Approved on this the 18th day of June, 1992 Inge Bro er Planning and Zoning Commission Chairman • • • • • • REZONING REQUEST R92-001 • - CITY GF LA PORTS RECEIVED • APPLICATIOIJ FOR • ~~ ZONE CHA!~1GE REQUEST COMM. DEV. Application No.: z-, OQ/ • OFFICE USE ONLY: Fee: $100.00 Date Received: S Imo. 9 ~-- Receipt No.: ~~~~ ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Pian ( ) Site Plans Submitted on ---------------------------------------------------------------------- APPLICANT'S IdAti!E: lick H (;ra~TTr A1"t'nrnPV fnr (lwnar Address: Date: 5/5/92 OWNER' S IvAME : _ - Signature: Address:P.O. Box 1383, Fort Smith, Arkansas 72902 PH: Property Legal Description: - T e £ o.r ~1rhe , .. . AM T~~~a~i~!~~'(? yDr lr!~ E:~REIN DESCRIBED PROPERTY A!dD Aly1 .`~ AUTHORIZED TO FILE THIS A L ~ T' Date: 5/5/92 Signature: (X) See Attached i~ ` I~I 36~3~ B E H A I~ • ~ ~. Zone: F2 Reouested Zone Change: RI SIC PJo. 4I7 Proposed lJsage: Trucking termina ---------------------------------------------------------------------- ---------------------------------------------------------------------- ~FICE USE ONLY 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - ~~ ~ Y ~ Recor.;mendation: Applicant Notified of Date(s) : ( -~--~-~"~-~• / ( ~ 2nd Mtg. Adjoining Property Owners otified: y~ /9Z- 2) City Council: (a) Regular i~:eeting - (b) Public Hearing/I~!tg. - P.pproved ( ) Adopted by AR;endment Ord . t` 1501 - Denied ( ) • COD!TIPlUE'D Oid NEXT PAGE >• GREGG & MIESZKUC A PROFESSIONAL CORPORATION ATTORNEYS AT LAW D[CK H. GREGG, JR. MARILYN MIESZKUC POLLY P. LEWIS* DAVID R. JUIST JUDITH E. BLANCHARD ELIZABETH E. SCOTT ' Board Certified - Estate Planning and Probate Law Texas Board of Legal Specialization May 4, 1992 La Porte Planning and Zoning Commission City of La Porte P.v. ~vx ij.i-Ci La Porte, Texas 77571 Dear Commissioners: FAX (713) 488-8531 Attached is an application for a zoning change for a thisteen- plus acre tract to the north of Fairmont Parkway. The site was carved out of La Porte Outlots 692 and 693, facing on a private road known as Canada Road. A legal description is attached. This acreage and the buildings on it are owned by Trans-States Lines, Inc. • The site is presently zoned R2. Trans-States, a trucking and warehousing operation, exists now under a non-conforming use permit. The company is requesting a zoning change to BI. This would bring the operation more nearly into compliance, although they would continue to need a special use permit under their non- conforming use status for their warehousing operation. This property is set back quite a distance from Fairmont Parkway and is, in fact, rather isolated. Directly across the stree*, the oroperfit~ is..zone~? Mu. Th__ zc^;^~* char,~a :Vc~.:ld not _, :~.. adversely affect anyone around it. The change would just bring the business more nearly into compliance, enhancing the value of this La Porte business. We appreciate your consideration in this matter. S~ D cc: Trans-States Lines, Inc. c/o Mr. David Vandergriff • RECEIVED .__. .7_!y's3-~ COMM. DEVa 17044 EL CAYvIINO REAL CLEAR LAKE CITY HOUSTON, TEXAS 77058 TELEPHONE (713) 488-8680 • • • • Rezoning Request ~t9Z-001 Requested For: 13.5632 acres being part of and out of a 38.2800 acre tract and also being part of and out of Outlots 692 and 693 of the W.B. Lawrence, La Porte Outlots Subdivision. The tract in question is located north of West Fairmont Parkway adjacent to a private road commonly referred to as Canada Road. (See Exhibit A) Requested Bv: Mr. Dick H. Gregg Jr., Owner's agent Present Zoning: R-2 Mid-Density Residential Requested Zoning: Business Industrial (BI) • Background: The tract in question is occupied by a truck terminal, warehouse facility, which is owned and operated by Trans-States Lines, Inc. This facility was constructed prior to December 23, 1983. This is the date when the tract was taken into the City of La Porte as part of the Spenwick/Collegeview annexation (Ordinance 1393). At the time of annexation, the property in .question was assigned a zoning classification of R-1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at the time. On January 26, 1987, as part of the comprehensive rezoning of La Porte, the property was zoned R-2, Mid-Density residential. The comprehensive rezoning was carried out in conjunction with the adoption of the City's present Zoning Ordinance (1501) and as an element of La Porte's Comprehensive Plan. An excerpt from the Land Use component of the plan is attached as Exhibit B. This excerpt illustrates both the location of the subject tract in relation to already developed subdivisions and the plan's intent for future development. r~ U • Page 2 of 3 • Rezoning Request R92-001 This facility has operated a nonconforming use since annexation. The applicants are seeking this rezoning as a means to alleviate a degree of nonconformity. If granted, this rezoning would render the warehousing activities a conforming use. The truck terminal component of the business could well retain its nonconforming status. Anal,+~sis: When considering a rezoning, the Planning & Zoning Commission is charged to base its determination on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: I. The present zoning designation was assigned as a result of error, or; II. The present zoning designation was inappropriate • at the time it was assigned; or; III. There has been a sufficient degree of change in or around the area in question to render the present zoning designation inappropriate. It should be noted that the burden of proving that one or more of these conditions has been satisfied is on the applicant. It should also be noted that should the Commission choose to recommend a rezoning, impact on the Comprehensive Plan must be assessed. Depending on the degree of impact, it may be necessary to amend the Plan. Staff has researched the Zoning assigned to this tract dating back to the 1983 annexation. No map or other errors were found. The present R-2 zoning of this property reflects the • L I Page 3 of 3 Rezoning Request R92-001 intentions of the Planning & Zoning Commission and City Council at the time. The tract in question comprises less than 14 acres of an approximately 150 acre R-2 zone. If rezoned, the new Business Industrial zone would be surrounded on all sides by residentially zoned property. There is no other industrially zoned property or industrial business in close proximity to this tract. In addition to the mobile home park (Pecan Plantation) referenced in the applicant's letter, the Trans-State facility is also located in the vicinity of a developed residential neighborhood (See Exhibit A). r~ It is, as evidenced by the City's Zoning Map and Land Use Plan the intent of the Comprehensive Plan to see this area preserved and developed as residential neighborhoods (see Exhibits A & B). It is up to the applicant to demonstrate why the plan's intent for this area does not represent a reasonable development approach. Conclusion: From the information provided by the applicant, this request would appear to be based solely on a desire to eliminate the nonconformity of a single, isolated facility. Creating a small, isolated Business Industrial zone at this location would run contrary to the intent of the Comprehensive Plan and could well compromise the viability of the remainingundeveloped R-2 zone. Additionally, it should be noted that the present facility has operated legally as a nonconforming use since the time of annexation. Denying this request will in no way interfere with this facility's right to continue to operate in this manner in the future. Given these circumstances, staff recommends denying this request and retaining the R-2 zoning currently in place. _ ~ R-3 . GC 4 H NC ~- 14...~_.,., . ;~, ~:.. s~ ...~-.. ~ _._ ~~~ ~ - . _ . . .~ ~~ .~ ~7~~ ~,~. ~. - ~ ~ W ~ ~ ;;~ ~~ n . ~~ ~ ~ ~ w s x ~, umn..~" ' ... ~ . ~ ~Wr . A ~..,~ ~' ir` ~ ~ ~~ ~ ~ y~ , a r~ ,,. - R ~ . o _. a t ., ~~ ~_~ , w s .... .... -. ~ V ~ ,. a _ ~.° ,°;;~~ ~ ice ['gr/or./ ~~~ ... ~ ,,.. Y f: iiXawrw y,.,~ ~ ~, ~M H R ,~ N ~,, _ _ ~ia/! q '3 .. ~~ 5 a _ _. ....~..... ,: $ y - ~ .~ ~ ,~- °~ ~ _ _, L _ - „~. ...... ~- ' ~,.~. , ...~.... r ~ R-3 .. - :i 3 i i ~ c , . ~~ ..:., _ ,: € . ,.. ... ..~ (A) ~ ~r R Z __ _..._. ._ C N Fo~rnav.~s _ ... . "~. .,,,. ... _.~_ ~ _ .. :Allies ~ .ul ~fysX2ld° ~b' ~ T'.:.. :..: ~%:~ '. .~ `~ ~ ~~ LEGEND : MH MANUFACTURED HOUSING R-I LOW DENSITY RESIDENTIAL R-2 MEDIUM DENSITY RESIDENTIAL ,,, R- 3 HIGH DENSITY RESIDENTIAL NC NEIGHBORHOOD COMMERCIAL GC GENERAL COMMERCIAL 81 BUSINESS INDUSTRIAL PARK LI LIGHT INDUSTRIAL HI HEAVY INDUSTRIAL • PUD PLANNED UNIT DEVELOPMENT acHiBrr A • ~ ~ ~ • • R ~ I ~ • • ~ ~ " ... _ f_ ~ • • ~ • • ~_~ ~ M SCNOOI. ' ::: ::. = AMTRIII Llt yytL _ .. ....... ..~ .. I MOMTiOI~RT ® CATL: ~LLDYVFJ~ _ .: i r ~ ~ / • .. .. .. w ' • ~/ s ~ ... ~ CARL `s ~~L :::. .... ~ ~ ~,rcAST Lx b ~ a :::: ::.:: e r Yllbi yr ~~ :. ....... v .. :... ........: ~ ~ ~ 4.1 ln, ARLOY b w .. ........ ~ .... (,( A ... ......... .. __ ....E......... .: :t: ~ a :.~ .AKNArtM Ro. ::::rte-y- ............................... ._~ -::i•~:::::::~~: :•• ... .... ::::::.::::::::::::::::::::: :::::::::::: ': ~ ... .. ::~ u ::::::'j:' ::::::::' .. .. ~TSRSn~ g ::~::::::~~: ( .:::.::::::: IRlsrlc ~, ~t.,_..,~ I ~ ::::::::: RDCLT .. .. p~1pIM0 ........ I rrt r. .::::::::::: ... ~~ ............ .. .. .. ELEM. :........ , ~ ............. ~ ...........:.... REIO Y ... .... ~ ..... ........ .......... .. ~ ~ , ........... .... I ............. .............~......~............. J ~ ' '::~:~~ ~ R • i ~ , / JJ J ~ u~ r s i . I ~ ~ LEGEND 0 LOW DENSITY RESIDENTIAL USES 0 0 ~sssasssaa 0oooooaooooo00 MID TO HIGH DENSITY RESIDENTIAL USES COMMERCIAL USES COMMERCIAL INDUSTRIAL USES INDUSTRIAL USES ~xHt61T ~ ~~~~ ~~'~CTI N • PLANNING & ZONING COP~lMISSION TYPE OF MEETING ~ .. JUNE 18, 1992 _ MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABGVE REFEREivCED PUBLIC ~-~EARING AND I AM IN FAVOR OF OR I AM ~ IN OPPOSlTLON OF GRANTING THIS REQUEST FOR THE FOLLOti~ING REASONS. _ d~~-ri-z~,-- ~// ~ L~aR/o ~ _ La h e SIGNATURE HOME ADDRESS ~ ~ 3 z ~ ~~ • ~~~ .~ ~ ~- .~. ~..~ • F-41327 P-002 JUN 17 '92 10:28 • ALANNING & ZONING COP~IMTSSZON TXBE OF MEETING . JUNE 18, 1992 MEETING SCHEDULED FOR AND I AM ZN FAVOR Ok' QR I AAZ I?1 OPP SI^%ON Or GRANT?NG THIS RE(~UEST FOR THE FODLO'h7?vG REASONS . ~~ ~. ~~- ,~~ v~ ~ ~ , s z ~v ~ u~ ~~ ~~~~ ~ ~~~ ~~ ~~~~ ~ , ~~~ HQME ADDR..ESS • • F-413 ~27 P-@02 JUN 17 ' 92 1~: 28 P7,ANNING & ZONING C0F4MTSS~,0N TXPE Ok' MEETING JUNE 18, 1992_ MEETING SCI~EDULED ,FOR .. .. _.. AND I RM ~'~ IN FAVOR Ok' OR S At~4 ~~] OPPOSi~i0N OF GRANTING THIS REQGEST FOR THE FOE~Ok~2?vG R~'ASONS . ~ ~~,SS ~-o ro o~cq n U SIGNAT RE • `~ HQME ,ADDRESS