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HomeMy WebLinkAbout02-25-1993 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission• • • • OATH OF OFFICE • • OATH OF OFFICE I, Ronald Grag~ : 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 & 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. ~~ ~ SWORN TO and subscribed before me, this the 18th day of March, 1993. g0oooo000000000000000oooa.oooo00000 $ ~:~`'~r~^''' `*: PEGGY LEE •;f •' Notary Pubic s ~ ~;~ ~ Stale of Texas ~',;;,,'~,``, Conwnissia~ Expires 09.19-95 0000 0000000000000000 Not c for the State of Texas • C~ • MINUTES OF FEBRUARY Z5, ~~ ~~ 1993 • • MINUTES • PLANNING & ZONING COMMISSION MEETING FEBRUARY 25, 1993 Members Present• Members Absent: City Staff Present: Others Present: I. CALL TO ORDER Chairman Betty Waters, Commissioners Dottie Kaminski, Inge Browder, Wayne Anderson, Howard Ebow, Eugene Edmonds None Planning Director Chuck Harrington, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee Meeting was called to order by Chairman Waters at 6:05 PM. II. CONSIDER FINAL PLAT APPROVAL FOR THE CORONET ESTATES • SUBDIVISION LOCATED ON ROBINSON ROAD AT NORTH "P" STREET. SUBDIVISION IS TO BE PLATTED FROM A 50.30 ACRE TRACT WHICH IS COMPRISED OF LA PORTE OUTLOTS 354; 355; 356; 385; 386; AND PORTIONS OF LOTS 353; 357; 384 Mr. Harrington updated the Commission regarding Coronet Estates Subdivision. In granting approval of the preliminary Coronet Estates plat, the Commission noted two (2) specific items which would have to be addressed by staff and the applicant. These items are covenants and street lighting. Mr. Harrington reported that staff had conducted a review of the Street Lighting Policy for La Porte focusing on major subdivision proposals. The following is provided to the Planning and Zoning Commission for consideration as a new policy for determining street lighting requirements in rural, semi-rural, and sparsely developed areas: 1. This policy will apply to those major subdivisions where the overall density is greater than one unit per acre and there are no internal streets. 2. As with the current street light requirements the developer will be required to install the lighting and fund the operational costs for the • first year. Page 2 of 3 • Planning & Zoning Commission Minutes of February 25, 1993 • 3. The street lights shall be installed at all abutting intersections where there aze no lights. 4. The spacing requirements shall be as follows: A. Arterials: The spacing shall be 1000 feet between lights located on the same side of the street. The spacing shall be 500 feet between lights on opposite sides of the street. The developer will only be required to install that lighting abutting his property. B. Collectors: The spacing between lights shall be 1000 feet regardless of the side of the street on which they are located. • A motion was made by Wayne Anderson to accept the policy submitted by staff and to adopt the policy as part of the City's Subdivision Ordinance. The motion was seconded by Howazd Ebow. All were in favor and the motion passed. Staff reviewed the covenants and noted the following changes should be made: 1. The document should be cleazly titled as Covenants or Deed Restrictions for the Coronet Estates Subdivision. 2. The wording of pazagraph #4 does not cleazly state the paragraph's intent. This pazagraph should be rewritten. 3. Paragraph #5 states "...nothing contained shall prevent the building and maintenance of servants quarters for domestic servants so long as the same are attached to a part of the main building unit or gazage...:' Garage apartments and other accessory dwellings aze not allowed in R-1, Low Density Residential Zones. This provision is in direct conflict with Zoning Ordinance 1501 and should be stricken from the covenants. A motion was made by Eugene Edmonds to grant Final Plat approval of the Coronet Estates Subdivision subject to submittal of corrected covenants and payment of street • lighting costs. The motion was seconded by Inge Browder. All were in favor and the Page 3 of 3 • Planning & Zoning Commission Minutes of February 25, 1993 u III. CONSIDER FINAL PLAT APPROVAL FOR THE DENIM & DIAMONDS SUBDIVISION WHICH IS TO BE LOCATED ON NORTH "P" STREET. SUBDIVISION IS TO BE PLATTED FROM A 31.92 ACRE TRACT WHICH IS COMPRISED OF LA PORTE OUTLOTS 374; 375; 366 AND PORTIONS OF LOTS 365 AND 376 Required documentation was not received in time for consideration by the Commission. No discussion or action was taken on this item. IV. ADJOURN Wayne Anderson motioned to adjourn and Dottie Kaminski seconded the motion. Chairman Waters declared the meeting duly adjourned at 6:28 PM. • Respectfully submitted, Peggy Planning Department Secretary Approved on this the 18th day of March, 1993 Bet Wa rs Planning and Zoning Commission Chairmanl • • • • SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU93-002 ZION HILL BAPTIST CHURCH • • U Requested Bv: Zion Hill Baptist Church, 430 North 6th Street which is further described as Lots 1-4; Block 90; Town of La Porte Zonin : R-1 Low Density Residential Purpose of Request: Zion Hill Baptist Church, located at 430 North 6th Street, is proposing to demolish their existing sanctuary building and replace it with a new structure. Zoning Ordinance Section 5- 600, Table A, designates religious institutions as a Conditional Use in R-1 zones. A Special Conditional Use Permit is required in order to allow construction of the new sanctuary building. Background: The Zion Hill Baptist Church was established in its present location in 1903. Due to deterioration of the original sanctuary building, the church has decided to replace it with a new structure. The new sanctuary is to be located on the same site, but in a somewhat different position (see Exhibit A). There is an existing "Fellowship Hall" located on the property. This structure is to remain. Pazking, under the terms of a special exception granted by the Board of Adjustment, will be provided off site at the De Walt Alternative School (see Exhibit B). As noted, under the terms of Zoning Ordinance Section 5-600, Table A, religious institutions aze classified as conditional uses in R-1, Low Density Residential zones. A conditional use permit, as well as being necessary for construction of new churches, is also required for substantial expansion, renovation or modification of existing facilities. n LJ Zoning Ordinance Section 5-800 establishes "Special Use Performance Standazds" for Conditional Uses in Residential Zones. As these standazds are somewhat lengthy, they are noted in an abbreviated form in this report. The full standards can be found on pages 38-41 of the Zoning Ordinance. • Page 2 of 4 • Planning & Zoning Commission Zion Hill Baptist Church SCU93-002 LJ Analysis: Residential Performance Standazds, as they apply to this request, are as follows: A. Landscape Buffers: Landscape buffers aze required at the perimeters of parking areas. As there is to be no on site parking, the requirement for landscape buffers is not applicable. The church will, however, be required to develop landscape azeas in accordance with the provisions of Zoning Ordinance Section 5-800, Table B. Compliance with landscape requirements will be verified as a component of certified site plan review. B. 1~aff c Control: As noted, the church has existed at this location since • 1903. The majority of the congregation is drawn from the immediately surrounding neighborhood. There aze presently no significant traffic control problems in the neighborhood as a result of church activities. The present sanctuary seats approximately 130 people. The proposed sanctuary will seat approximately 150 people. Construction of the new sanctuary is not expected to significantly impact present traffic flow or traffic i~olume. C. Compatibility with Surrounding Area: The church is proposing to build a single story metal building. As shown on Exhibit A, there aze to be thirty foot setbacks adjacent to the 6th Street and Madison Street rights-of--way. Under the terms of Zoning Ordinance Section 10-508, these are also the azeas in which landscaping must be primarily located. The proposed site of the sanctuary, in conjunction with the grassed and landscaped azeas, should result in a facility that is compatible with the surrounding residential • neighborhood. • Page 3 of 4 • Planning & Zoning Commission Zion Hill Baptist Church SCU93-002 D. Required Licenses Obtained: This provision is not applicable to this request. E. Compatible Alterations & Adequate Parking: The issue of compatible alterations is not applicable as the church intends to demolish the existing structure and replace it with a completely new building. The issue of parking has already been addressed by means of a Special Exception granted by the City's Zoning Board of Adjustment on February 25, 1993 (see Exhibit B). Under the terms of this exception, required parking for the new sanctuary has been reduced from 48 • to 35 spaces. The exception further waives the requirement of on premise parking and allows the church to utilize the parking lot at the De Walt Alternative School which is located across the street at 601 West Madison. It should also be noted that the Special Exception does not become valid until the church submits to the City, a formal parking agreement with the La Porte Independent School District. Submittal of this agreement, which is to be prepared as specified in paragraph e.3 of Section 6-600F, should be attached as a condition of the requested Special Conditional Use Permit. F. Manufactured Housing Criteria: This provision is not applicable to this request. G. Density Bonus: This provision is not applicable to this request. • • Page 4 of 4 • Planning & Zoning Commission Zion Hill Baptist Church SCU93-002 Conclusion: This request, as presented, satisfies the prerequisite requirements of Zoning Ordinance 1501 and is, therefore, eligible for the requested Special Conditional Use Permit. Staff, based on the facts of this case, recommends approval of Special Conditional Use Permit #SCU93-002 subject to the following condition: 1. No permit for construction of the proposed sanctuary building shall be issued prior to submittal of a joint parking agreement as specified by Special Exception SE92-006, granted by the Zoning Board of Adjustment on February 25, 1993. • • • • • DENIM $e DIAMONDS SUBDIVISION • • • Staff Report Denim & Diamonds Subdivision March 9, 1993 Background: On February 18, 1993, the Planning and Zoning Commission reviewed and granted approval to the preliminary plat of the Denim & Diamonds Subdivision. A final plat of the subdivision was submitted on March 3,1993. Copies of this plat will be available for review at the March 18 Commission meeting. Under the terms of Development Ordinance 1444, Denim & Diamonds at 31.92 acres, is classified as a "major subdivision". Development Ordinance Section 4.03 and 4.04 establishes a two phase approval process for major subdivisions. The first phase is Commission approval of a preliminary plat. This was done at the February 18, Planning and Zoning Commission meeting. The second phase is approval of a final plat. This is the approval now being sought from the Commission by the applicant. Analysis: • In granting approval of the preliminary Denim & Diamonds plat, the Commission noted two specific items which would have to be addressed by staff and the applicant. These items are covenants and street lighting. The City Attorney's office has reviewed and approved the covenants for this subdivision. The second item is street lighting. As per the street lighting policy detailed in staffs February 25 report to the Commission, one (1) additional street light will be required for the Denim & Diamonds Subdivision. This light will be located on North "P" Street. The applicant must pay the City of La Porte $429.40 for street lighting. Of this sum, $190.00 is for installation of the new street light; the remaining $239.40 is to cover the first 12 months of electric bills for the light. Following this initial 12 month period, the City of La. Porte will assume responsibility for utility bills. The developer is aware of the street lighting requirement. Staff anticipates that payment for the new street light will have been received by March 18, the date of the Commission's meeting. Staff, as required by Ordinance 1444, has reviewed the plat for conformance with the requirements specified in the Development Ordinance, Appendix "D" (see Exhibit C). In performing this review staff has found the following: A. Graphic Contents • 1. Name of Owner: Properly noted. • • Page 2 of 3 • Denim & Diamonds Subd. Staff Report 3/9/93 2. Name of Engineer or Surveyor: Properly noted. 3. Legal Boundary Description: Properly noted. 4. Legal and Special Statements: Properly noted. B. Documentation _ 1. Proposed Streets: Not applicable. There are not internal streets proposed for this subdivision. 2. Proposed Utilities: • Not applicable. No internal utility easements are proposed for this subdivision. 3. Coordinate Listing: Properly noted. 4. Utility Company Letters Not applicable. Subdivision will be serviced by existing utilities located on Robinson Road and North "P" Street. No new utility easements are proposed. 5. Private Easements: Not applicable. No new easements are proposed for this subdivision. 6. Private Easement Holders Consent: There is a 25 foot utility easement located on the west face of this property. This easement is to be abandoned. Language has been placed on the plat to "quit claim" this easement. When the subdivision plat is filed, this easement will effectively cease to exist. n U • • Page 3 of 3 . Denim & Diamonds Subd. Staff Report 3/9/93 7. Residential Park Land: The applicant, as specified by Ordinance, has paid $700.00 to the City in lieu of park land. This money has been placed in escrow by the City and utilized as specified in staffs preliminary plat report. 8. Conditional Approval Documents: Not applicable to this plat. Conclusion: Development Ordinance Section 4.04.D requires the Commission, subsequent to their review of the final plat to: 1. Approve the final plat as filed; or • 2. Disapprove the final plat as filed, provided the reasons for disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning and Zoning Commission. Should the plat be disapproved, the applicant will be required to refile a new, amended final plat. Should the plat be approved, the applicant would normally be authorized to begin construction of public improvements within the subdivision. Because, in this subdivision there are to be no public improvements, the applicant will move directly to the recordation process. As per the requirements of Development Ordinance Section 4.04.E, the applicant has submitted a plat drawing, recorded on mylar film. After all required signatures have been placed on the plat, it will be submitted to Hams County for filing. The applicant must also submit a document (in the form specified by Appendix D) which authorizes the County Clerk to return the mylar document to the City where it will become a part of the Commission's permanent files. • • • • • COMPREHENSIVE PLAN/ZONING ISSUES .yam ~~ 1 t ~ ~ , ' . f y,Jr ' -iAMa - .. f ~~ - -.~~ :w-~ - ~.- - • _ February 26, 1993 ~ CITY OF L~ PORTE Pt-TONE (713) 471-5020 • p. O. BOx 1 1 15 • Ln POR7E. TExns 77572 Mr. Mike Stone 3414 Dalmation Lane Deer Park, TX 77536 Re: Special Exception Request #SE93-001 Dear Mr. Stone, CER7~TED MAIL #380 717 951 The La Porte Zoning Board of Adjustment, at its February 25, 1993 meeting, considered . Special Exception Request #SE93-001. The purpose of this request was to allow installation of eleven prefabricated storage units at the existing miniwarehouse facility located at 507 East Main Street. This property is further described as Lots 2-21 of Block 185; Town of La Porte. Given the General Commercial Zoning of the tract in question, installation of additional storage units would constitute expansion of a nonconforming use. This expansion, if approved, would greatly decrease the likelihood that the property would ever revert to a conforming use. The expansion would also, based on conflict with the intent of the City's - Zoning Ordinance and Comprehensive Plan, have an adverse impact on the value and use of adjacent or neighboring properties. Based on these considerations, the LaPorte Zoning Board of Adjustment has denied Special Exception Request SE93-001. The Board has, however, made note of the azgument that the current General Commercial Zoning does not represent the highest and best use for property in this area. The Zoning Board of Adjustment, as part of the motion to deny this request has also requested that the La Porte Planning and Zoning Commission consider this matter. The Board requests the Planning and Zoning Commission to exercise the intent of the Comprehensive Plan as it applies to the area east of "Five Points" which is currently zoned General Commercial. The Board also requests that the Commission, should it find present zoning designations to be inappropriate, consider a rezoning of all or part of the azea in question. • • • • APPEALS FROM THE BOARD OF AD,TUSTMENT Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City of La Porte may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Texas Codes Annotated, Local Government Code, Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court.within ten (10) days after the filing of the decision in the office of the Board of Adjustment. Sincer~y, ~ ~ ~ ~. ~r 9 ~. ~ ,~ Dr. Deborah Bernay Chairman, La Porte Zoning Board of Adjustment >;// ~ _. ,:' ~~~ ~~~. ~~,,~ ~~' ~~ ~,/ •~ ``" / . Charles R. Harrington Director of Planning xc: Zoning Board of Adjustment Members Mayor and City Council Better Waters, Chairman of La Porte Planning & Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, City Attorney Zoning Commission • • • STAFF REPORT u • • Staff Report • Zoning Designations Along East Main Street As noted on the preceding cover letter, the City's Zoning Board of Adjustment has requested that the Commission review Comprehensive Plan intent and zoning designations in the East Main Street area. For purposes of review and discussion, the issues involved can be separated into two general categories; long term planning goals and property uses within given zoning districts. PLANNING GOALS: In the process of long range growth management within any community, there are two components that guide the development patterns. The long range Comprehensive Plan and the Zoning Ordinance. Comprehensive Plan This document is a twenty year guide to the goals of the community. Most typically the Land Use Plan illustrates graphically a pattern of existing and anticipated land development over the life of the Comprehensive Plan. • Zoning„ Ordinance Where the Land Use Plan can be viewed as a long range planning tool, the Zoning Ordinance should be viewed as an implementation tool. The zoning districts established in the Ordinance and on the Zoning Maps govern the types of activities for which various properties may be used. It is through the specific regulations of the Zoning Map and Ordinance that the long term goals of the Comprehensive Plan are implemented. In the case before the Planning and Zoning Commission, both elements of growth management are involved. Back ,ground The proposed development presented to the Commission was originally presented to the Zoning Board of Adjustment as a request to expand a nonconforming land use in a General Commercial Zoning District. The applicant owned property which is partially developed as mini-warehousing. In order to sell the property, the owner was required to obtain permission to expand and increase the number of developed warehousing units. As the proposed expansion would inhibit the return of the property to a conforming use, the Board of Adjustment felt that the issue would be more of a zone change and Comprehensive Plan change issues. They referred the applicant's request to the Planning Commission as stated in the Board's letter to the Commission. • • • Page 2 of 3 • Staff Report Main Street Zoning A11 psis A,s reflected in the Land Use Plan, the Comprehensive Plan addressed the issue of industrial versus residential land use in the areas between Barbours Cut Blvd., Main Street, Broadway, and the eastern corporate limit line. The Comprehensive Plan shows that industrial development, rather than spreading throughout the City, should be confined to major transportation corridors. As illustrated in the Land Use Plan, these corridors are located in a manner that will tend to channel industrial related traffic onto three thoroughfares; SH 225, SH 146, and Barbours Cut Blvd. The land use pattern provides protection for the residential and commercial areas by reducing the need for port and industrial traffic to use the areas of East Main and Morgans Point. In order to accomplish this land use pattern, the zoning along East Main from "Five Points" east to Brownell and Idaho was restricted to General Commercial. Beyond these streets, the zoning is the more restrictive residential. The zoning effectively accomplishes the goals of the Comprehensive Plan. • As now requested by the applicant, the objectives established by the Comprehensive Plan must be changed. In order to amend the plan, two questions must be asked; 1) Have conditions changed that would merit amending the plan, and 2) will this change have a negative impact on the surrounding area? In response to the first question, the staff feels the answer is no. The need still exists to keep the more intense truck traffic generating activities on Barbours Cut Blvd. Granted, not a lot of redevelopment as commercial or residential property has taken place, but the Comprehensive Plan is a long range document. The simple answer to question two is yes. Since both the Comprehensive Plan and zoning must encompass more than just the lots in question, there is no doubt that the area will receive negative impact from any changes. The changes would very likely increase truck traffic along Main Street and affect what has become a fairly stable specialty retail area. Secondly, the change could impact the residential areas to the north and northeast. The Industrial Zoning classification would not only open the area for the non-offensive mini- warehousing, but also for a full range of industrial activities. The activities could very well drive away many of the residents of the area. There is perhaps another option that can be explored for this property. The staff s review of this request showed that the Standard Industrial Classification for this development is #4225, General Warehousing and Storage. The three uses in this group include general • warehousing,mini-warehousing, and self-storage warehousing, all fairly non-intense activities. • Page 3 of 3 Staff Report Main Street Zoning In the Zoning Ordinance, this SIC warehouse uses such as warehouses petroleum and chemical bulk stations, classification was included with the more intense for cold storage, furniture, frozen foods, lumber, and etc.. The staff review has found that it might be more fitting to separate SIC #4225 from the other classifications. By doing so, this classification could be allowed in the General Commercial Zone with a Conditional Use Permit. The Conditional Use Permit would allow the City to control where these are located as well as how they are installed and thereby insure their compatibility with surrounding areas. The SIC group could also be allowed to continue by right in the Industrial Zoning areas. The proposed change to the Zoning Ordinance will allow the intent of the Comprehensive Plan to remain intact and will also allow those compatible, non-intense land uses to be considered in other areas. Recommendation The staff recommends that the Commission not amend the Comprehensive Plan and not consider a possible zone change from General Commercial to Business Industrial. The staff, instead recommends that the Commission consider a Zoning Ordinance amendment that will allow the general warehousing and storage (SIC Code 4225) by Conditional Use Permit in the General Commercial Zoning classification. • • • Staff Report I, Special Conditional Use Permit SCU92-002: Stone Castle Industries: The Planning and Zoning Commission, on December 17, 1992, considered and recommended City Council approval of this Special Conditional Use request. City Council, at their February 22, 1993 meeting, approved this request. Stone Castle Industries is now in the process of preparing their facility (located at 205 North 11th Street} for production. II. Special Conditional Use Permit SCU93-001; Houston Shell & Concrete: The Planning and Zoning Commission, on January 21, 1993, considered and recommended City Council approval of this Special Conditional Use request. City Council, at their February 22, 1993 meeting, approved this request. It was approved with the conditions stipulated by the Commission; dust free surfacing of the paved yard area and installation of an on site septic system. The construction permit for this project has been approved. Houston Shell & Concrete may begin construction of their batch plant at their convenience. III. Sinn Regulation Review: • During the March 1, 1993, City Council Meeting, a workshop was held regarding the La. Porte Sign Ordinance. As a result of that meeting, the Council directed the Planning and Zoning Commission to study the sign ordinance with emphasis on three areas of concern: 1) portable signs, 2) real estate signs, 3) on premise/off premise advertising. _ In order to accomplish this task, the staff has been reviewing several alternatives to achieve the objectives. The proposal that the staff recommends will require some additional meetings during the month but will allow the Planning and Zoning Commission to submit a report and/or amendments to the sign ordinance by the end of April. The following is a proposed schedule for consideration: • Week of March 29 -April 2 A workshop meeting to be provided an overview of the existing ordinance and to consider portable signs. • Week of Apri15 - Apri18 A workshop meeting to discuss real estate signage and on/off premise advertising. • April 15 and Apri122 (if necessary) Public hearings on any proposed amendments. • Apri126 Recommendation to City Council. O ,9Z1 - 1S3AA ~ a ._ ~ 1~~V613S ~QIS ,01 ~ ~ ~ r _ O~ 1 Y I ~ ~ I rn A -~ I I ~ s ~ ~ ~ I I -~ ~ ~ ~ ~~ ~ I ~---- ---- _J ~~-~ )a~V913S HaIS ,01~ ,8a1 - 1SV3 N 'STN d g ('1S .(]. 'N) NOSIadW ~`~ CA s f ~ ~~ ' g • •