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HomeMy WebLinkAbout06-18-1992 Public Hearing and Regular Meeting of the Planning and Zoning Commission• • • OATHS OF OFFICE • • OATH OF OFFICE • I, Howard Ebow , do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as a member of the La Porte Planning and Zoning Commission, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment, So help me God. Howard Ebow SWORN TO and subscribed before me, this the day of GGGL , 1992. M ~~~ ~•'~::%~~ PEGQY lEE '' ` ~ ~- Pu6tc ~~:~... }, sme a r "~...r.. won Expires o~ta9s tab~i l~blic for the State of Texas • • u OATH OF OFFICE I, Dottie Kaminski , do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as a member of the La Porte Plarsning and Zoning Commission, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment, So help me God. n Dottie Kaminski ~- SWORN TO and subscribed before me, this the ~~day of 992. ,.~`~ ~"";~ PEGOY LEE - - - - ~ `~ ~~~~~° Nor Pubic N lic for the .•t'~ ~` ~" °~ Te,a~ t t f Texas Saeo f''~~'«"``° Commi~IOn ~plrec 09.1995 • OATH OF OFFICE I, Betty Waters , do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as Chairman of the La Porte Planning and Zoning Commission, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment, So help me God. Betty Waters SWORN TO and subscribed before me, this the ~~~ay of , 1992. ooooa~oo ..,M, ~- Pubtc ~t'J~ ~..I. ®a~e a T~ otary li for the '~''%f °« ~'~°~ coop a o~-~~ss State of Texas ~._~.. 00 • ~ ~ MINUTES • • • • NIINUTES PLANNING & ZONING COMMISSION MEETING JUNE 18, 1992 Members Present: Chairman Inge Browder, Commissioners Wayne Anderson, Doug Martin, Betty Waters Members Absent: Commissioners Lola Phillips, Paul Schaider, Eugene Edmonds City Staff Present: Planning Director Chuck Harrington, Assistant City Attorney _ John Armstrong, Chief Building Official Ervin Griffith, Inspection Secretary Kathi Childs Others Present: I. CALL TO ORDER Dick Gregg, Elizabeth Scott Meeting was called to order by Chairman Browder at 6:00 PM. • II. APPROVE MINUTES OF THE MAY 21,1992, PUBLIC HEARING AND REGULAR MEETING A motion was made by Wayne Anderson and seconded by Doug Martin to approve the minutes as submitted. All were in favor and the motion passed. Betty Waters abstained from voting due to her absence from the previous meeting. III. CALL PUBLIC HEARING TO ORDERREGARDING REZONING REQUEST R92- 001 WHICH SEEKS A REZONING OF A 13.5632 ACRE TRACT FROM R-2, MID DENSITY RESIDENTIAL TO BUSINESS INDUSTRIAL. THE SUBJECT TRACT IS FURTHER DESCRIBED AS BEING PART OF AND OUT OF OUTLOTS 692 AND 693; W.B. LAWRENCE, LA PORTS OUTLOTS SUBDIVISION Chairman Browder called the Public Hearing to order at 6:01 PM. • Mr. Harrington informed the Commission of the request being made by Trans-State Lines, Inc., owner and operator of the facility. The facility was constructed prior to December 23, 1983, and at that time the tract was taken into the City of La Porte as part of the Spenwick-Collegeview annexation. The tract was assigned the zoning classification of R-1 Residential (under the City's old zoning ordinance). In January, 1987, under the current zoning ordinance, the property was zoned R-2 Mid Density Residential. The facility has operated as a nonconforming use since annexation. • • Page 2 of 4 Planning & Zoning Commission Minutes of June 18, 1992 • The tract in question comprises approximately 14 of a 150 acre tract. If the Commission were to recommend that Council grant the request, this particular tract would be surrounded by residential zoning and thus deviate from the City's Comprehensive Plan. Denying this request would not interfere with the facilities current operation. Therefore, staff recommends denial of this request. _ Note: Twelve (12) notices were mailed to adjacent property owners. Two (2) were returned undeliverable and one (1) was returned being in opposition to the request. A. PROPONENTS Dick Gregg of Gregg and Mieszkuc in Clear Lake and also City Attorney for Nassau Bay stated he agrees that this facility has been a nonconforming use for years and the use did predate annexation and ordinance changes. The facility faces a private road, however, Canada Rd. does not run all the way through. One can enter on a public street off Spencer Hwy. and enter the old Spenwick-Place Subdivision but you cannot go all the way through to this property. This property must be entered by private road which the owner maintains themselves. To rezone the property at the end of a cul de sac is not considered spot zoning and is not disruptive to the City's Comprehensive Plan. Wayne Anderson had a question regarding access to the property. Mr. Gregg described the access route. Betty Waters asked if the company owned any surrounding property other than the tract in question. Mr. Gregg stated that the company did not own any surrounding property. Wayne Anderson asked what Trans-State Lines, Inc. could expect to gain from a reclassification, since present operation is not hindered. Mr. Gregg stated that the property owners would like to eliminate any uncertainty and would like to be made "a full class citizen instead of a partial citizen". If the owners chose to sell, they would not be hampered by potential buyers fearing the current zoning. Elizabeth Scott, employed by Gregg & Mieszkuc spoke in favor of the • reclassification. Page 3 of 4 • Planning & Zoning Commission Minutes of June 18, 1992 B. OPPONENTS Ann Taylor of Countrywide Partnerships stated she had just received a faxed notice which their California office just received. She brought two (2) letters of opposition with her. Wayne Anderson asked Ms. Taylor who Countrywide Partnerships was. Ms. Taylor replied that they were the owners of a nearby mobile home park. Mr. Harrington read aloud the letters received in opposition. IV. CLOSE PUBLIC HEARING Chairman Browder closed the Public Hearing at 6:29 PM. • V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONING REQUEST #R92-001 Betty Waters made a motion to deny Rezoning Request #R92-001 and was seconded by Doug Martin. All were in favor and the motion passed. VI. STAFF REPORTS There were no staff reports. Mr. Harrington informed the Commission that development within La Porte was on the rise. Chairman Browder asked John Armstrong to define spot zoning. John Armstrong replied that it was zoning which is not consistent with a comprehensive plan. • • • Page 4 of 4 Planning & Zoning Commission Minutes of June 18, 1992 VII. ADJOURN • A motion was made by Betty Waters to adjourn and was seconded by Wayne Anderson. All were in favor and the motion passed. The meeting adjourned at 6:38 PM. The next meeting will be July 16, 1992. Respectfully submitted, • Peggy Le Planning Department Secretary Approved on this the 16th day of July, 1992 Inge Browd Planning and Zoning Commission Chairman • • • • • SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU92-001 ' CITY OF LA PORTS • a..~-~ • APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------APPlication No. SG ~~ .~ ~ --- • OFFICE USE ONLY: Fee: $100.00 Date Received: ~ y ~z- Receipt No.. ~~y~~ Certified Plans Submitted: ( ) General Plan ( ) Major Development Site Plan ( ) Minor Development Site Plan ( ) Preliminary Plat Person Making Request ~onn~e ~`" rne(oc~c~ ~ll~~~e Mailing Address: ~~~~~ /'~~~-~~n~ City/State: n/"p~f ~ ~ ~e~CQS Phone: ~70-0~7~ BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: ZONE : ~Z ,C.~fS ~l ~'y7 ,C~IvG~{J': ~ct~f~lf~rau~tc~ S~fdfe,S, SeG~-%on SIC USE CATEGORY : Off. ~ TYPE OF BUSINESS: Ij~r~ ~ /~c~ ~ ~yt-L'- ,,~ Da e Owner `or Authorized Agent OFFICE USE ONLY Date of P & Z Public Hearing: Date of(JCity Council Meeting: Zone : /`~ ".~ This application is: CLP JOB ~ Conditions: ~ zo z. Approved ( ) Permit ~~ (If Assigned Yet) Recommendation: Y or N Approved: Y or N Denied ( ) Date Zoning Administrator a CED/1-T87 • • • ,] SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU 92-001 Requested For: Lots 36-47; Block 3; Battleground Estates, further described as being located in th Monument Road. (See Exhibit A) Property Zoning: R-1, Low Density Residential Section I which is e 11000 Block of Requested By: Ronnie and Melody Elledge, Property Owners Purpose of Repuest: A Special Conditional Use (S.C.U.) Permit has been requested to allow the subject tract to be utilized for raising livestock. Proposed improvements are to consist of a barn and fencing. Zoning Ordinance 1501 classifies this activity as Agricultural Production (Animal Specialties, SIC 027). Agricultural Production, as a primary use is listed as "Conditional" in R-1 zones (Ordinance 1501, Section 5-600, Table A.) Background: Ronnie and Melody Elledge, the applicants, reside at 11002 Monument Road in the Battleground Estates Subdivision. They also own twelve (12) lots that are located immediately across the street from their home (see Exhibit A). These lots, which front on both Monument and Houston Streets, comprise a 210 foot by 300 foot (approximately 1.44 acres) tract. This is the tract of property for which the Elledge's are seeking the S.C.U. Permit. The applicants are proposing to fence the property and erect a shed or barn (24 x 26) (See Exhibit B). The area would then be used to house animals being raised by their children for F.F.A. projects. • • • Analysis: As noted, the Zoning Ordinance designates Animal Specialties as a "Conditional Use" in R-1 zones. Section 10-203 of the Ordinance sets the following general conditions for this activity. I. Livestock may only be kept on lots of an acre or more in size. II. Pasture and structures used to house livestock must be setback at least 25 feet from any property line except when the adjoining property is also used to house domestic livestock. III. Livestock may be kept in concentrations not to exceed two (2) animals per acre (these concentration limits are not applicable to fowl). Section 10-502 would allow fencing to extend to the front property lines. Additionally, Ordinance 1401 ("Wild Animals") would regulate the types of animals which could be kept on this • property. Section 10-202 deals specifically with Special Conditional Use Permits and sets conditions which must be satisfied in order for a S.C.U. Permit to be approved. These conditions are as follows: I. 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. II. That the conditions placed on such use as specified in each district have been met by the applicant. III. 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. • • • Regarding the first of these conditions, staff would note that Lomax is largely a rural type of area and that the Zoning Ordinance recognizes this in it's livestock regulations. It should also be noted that one of the reasons for instituting these regulations was to allow children to participate in F.F.A projects. While the livestock regulations were not instituted with subdivisions in mind, Battleground Estates is a somewhat sparsely developed subdivision with many homes occupying relatively large lots. Based on staffs review, it does not appear that the requested development would be "injurious to the use and enjoyment of other properties" nor should it "significantly diminish or impair property values within the immediate vicinity". Conclusion: This request satisfies ordinance prerequisites and is eligible for the requested Special Conditional Use Permit subject to the • following conditions. I. Fencing shall be setback at least 25 feet from side property lines. II. A maximum of two (2) head of livestock shall be housed on this property at any time. III. No animal which could be classified as wild or dangerous under the provisions of Ordinance 1401 shall be housed on this property at any time. Recommendation: Subject to the above conditions, approve Special Conditional Use Permit Request SCU# 92-001. • \ W.S 271 ~` ~~~- -. ~' ~ ~~ ~ ~y \ ~ - 1 row 4" \ ... Q~Q \ . __ .8 ~ 26.3 0v .i ~-.' 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J~SAN JACINTO r '` ~ '.' --r• rv ~ • -- --- p ~/t _ .. _.. _~ !~_ -- - • - - • - -a-- • ,~ • i~ m z 0 z r • ~m o0 'c r- v .z ~J ~ ~ ~ r • CITY OF LA PORTS PLANNING & ZONING COMMISSION PUBLIC HEARING AUGUST 20, 1992 PROPONENT GN-IN SHEET ALL SPEAKERS D TO FIVE (5) MINUTES. PLEASE PRINT NAME r'1 U 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 4~ SUBJECT MATTER ~~~~~ ~SC~C~2-OG • • CITY OF LA PORTE PLANNING & ZONING COMMISSION PUBLIC HEARING AUGUST 20, 1992 OPPONENT IGN-IN SHEET ALL SPEAKERS WII.,L BE LIMITED TO FIVE (5) MINU1~S. PLEASE PRINT NAME SUBJECT MATTER 1. 2. 3. 4. • 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.