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HomeMy WebLinkAbout08-19-1993 Regular Meeting of the La Porte Planning and Zoning Commission^~ • • • MINUTES • ' • • MINUTES • PLANNING & ZONING COMMISSION MEETING AUGUST 19, 1993 Members Present: Chairman Betty Waters, Commissioners Dottie Kaminski, Eugene Edmonds, Howard Ebow, Inge Browder, Wayne Anderson Members Absent: Ronald Gragg City Staff Present: Planning Director Chuck Harrington, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee Others Present: Jan Stevenson, James R. Keeney, Jr. I. CALL TO ORDER Meeting was called to order by Chairman Waters at 7:02 PM. • II. APPROVE MINUTES OF THE JULY 15, 1993, PUBLIC HEARING AND REGULAR MEETING. A motion was made by Inge Browder to approve the minutes of the July 15, 1993, meeting. The motion was seconded by Eugene Edmonds. All were in favor and the motion passed. III. CALL PUBLIC HEARING TO ORDER TO CONSIDER REZONING REQUEST #R93-002. THIS REQUEST SEEKS A REZONING OF LOTS 1-4 AND TRACT 19A (RAILROAD RIGHT-OF-WAY) OUT OF BLOCK 7 OF THE BAY OAKS SUBDIVISION. PRESENT ZONING IS R-1, LOW DENSITY RESIDENTIAL. REQUESTED ZONING IS MANUFACTURED HOUSING (M.H.). Chairman Waters opened the public hearing at 7:03 PM. Mr. Harrington stated that the property in question is located in the Bay Oaks Subdivision and was originally platted in May of 1929. It was taken into the City on December 12, 1988, as part of the Bayshore Municipal Utility District (Bay MUD) annexation. Following annexation, a temporary zoning classification of R-1, Low Density Residential was placed on the entire former Bay MUD area, including this subdivision. • C~ J Page 2 of 4 • Planning & Zoning Commission Minutes of August 19, 1993 • After Ordinance 1501-J was passed in June of 1989, permanent zoning designations were assigned to this area. R-1, Low Density Residential is the permanent designation that has been assigned to the area which includes the Bay Oaks Subdivision. Prior to annexation, Mrs. Stevenson moved a number of manufactured homes onto the property in question. These homes are now classified as pre-existing nonconforming structures and as such are regulated by Zoning Ordinance Section 4- 201. After annexation, Mrs. Stevenson made application to operate the property as a manufactured housing park. The City refused to issue a license. Mrs. Stevenson is requesting this rezoning in order to allow a manufactured housing park to be established and operated on the property. Rezoning the property to MH will not grant or imply a license to operate. It would only be the first step in the process of obtaining a permit. • In order to justify a rezoning of property, it is necessary to show consideration of the recommendations contained in the Comprehensive Plan. This request does not conform with the intent and recommendations of that plan. During April of 1989, following annexation, the Planning and Zoning Commission issued a report which serves as an appendix to the Comprehensive Plan. This report details the plan's recommendations for the Bay Oaks Subdivision and the surrounding area. The plan, as applicable to this request, recommends a "Low Density Residential Land Use". • This request does not conform to the intent or recommendations of the Comprehensive Plan • The Comprehensive Plan did not err in its recommendations regarding land use and zoning designations for the area in question. • There have been no changes within the area in question that warrant an amendment of the Comprehensive Plan. • A need for additional MH zoning within the City has not been demonstrated. r1 ~J • • Page 3 of 4 • Planning & Zoning Commis.~ion Minutes of August 19, 1993 Based on the above listed considerations, Mr. Harrington stated that staff recommends denial of Zoning Request #R93-002. A. PROPONENTS Jan Stevenson distributed a copy of a license to operate a mobile home park which she said was issued to her by the City of Ii.,a Porte. Mrs. Stevenson stated that with the issuance of this license, the City had given her the right to operate a mobile home park. She stated she would like to have the property rezoned to comply with that license. Mr. James R. Keeney, Jr. stated that the applicant came before the Commission to request a mobile home park permit, not to request a rezoning of the property. Mr. Keeney verified that the Commission had received the letter he had written to them on August 17. • B. OPPONENTS Janice Moore. Ms. Moore wanted to make sure that the City had received her public notice reply expressing her opposition. Mr. Harrington reported that 28 notices were mailed. One (1) reply was returned in favor of the request, and nine (9) were returned in opposition. Three (3) were returned undeliverable. John Armstrong stated there was confusion on the part of the applicant. The Court of Appeals Opinion states that the administrative procedure which Mrs. Stevenson should have followed to obtain a license to operate a mobile home park is set forth in the Mobile Home Park Ordinance and the Zoning Ordinance 1501. Under Section 3 of the Mobile Home Ordinance, Mrs. Stevenson was required to obtain a permit to operate a mobile home park. To obtain that permit she first needed a designation from the City of La. Porte Planning and Zoning Commission that her property was zoned for a mobile home park under the City of La Porte Zoning Ordinance. After obtaining that designation she needed to apply for a mobile home park permit with the permit department of the City of Ia Porte and obtain a valid written approval. • • Page 4 of 4 Planning & Zoning Commission Minutes of August 19, 1993 IV. CLOSE PUBLIC HEARING Chairman Waters declared the Public Hearing closed at 7:23 P.M. V. CONSIDER RECONIlVIENDATION TO CITY COUNCIL REGARDING REZONING REQUEST #R93-002. A motion was made by Ronald Gragg to recommend City Council denial of Rezoning Request R93-002. The motion was seconded by Inge Browder. All were in favor and the motion passed. VI. STAFF REPORTS Town Meeting for Bayfiont Master Plan will be held August 31, 1993, 7:00 P.M. • VII. ADJOURN Chairman Waters declared the meeting duly adjourned at 7:30 P.M. Respectfully submitted, e Peggy Planniz epartment Secretary Approved on this the 16th day of September, 1993 Be W ers • Planning and Zoning Commission Chairman • • BAYFRONT MASTER PLAN B DELIVERED PRIOR TO OR AT THE MEETING) CTO E •