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HomeMy WebLinkAbout07-19-01 Regualr Meeting and Public Hearing of the Planning and Zoning Commission OATH OF OFFICE OA TH 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 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. Dottie Kaminski SWORN TO and subscribed before me, this 16th day of August, 2001 Sherry Jennings Notary Public for the State of Texas MINUTES OF THE MEETING PLANNING AND ZONING COMMISSION MINUTES OF JULY 19, 2001 Members Present: Betty Waters, Dottie Kaminski, Hal Lawler, Ross Morris, Ralph Dorsett Members Absent: Melton Wolters, Pamela Baldwin City Staff Present: Director of Planning Doug Kneupper, Assistant City Attorney John Armstrong, Planning Coordinator Masood Malik, Inspection Services Technician Sherry Jennings. I. CALL'+O ORDER. Meeting called to order by Chairperson Waters at 6:04 PM. II. APPROVE MINUTES OF THE APRIL 19,2001, REGULAR MEETING AND PUBLIC HEARl NG. Motion by Dottie Kaminski to approve the Minutes of Aprill9, 2001. Motion seconded by Ralph Dorsett. Motion carried with all in favor. III. OPEN PUBLIC HEARINGS. Chairperson Waters opened the public hearings at 6:05 PM. A. DISCUSS SPECIAL CONDITIONAL USE PERMIT #SCU 01-003, WHICH HAS BEEN REQUESTED FOR PROPERTY LOCATED AT 10401 BELFAST DRIVE. FAIRMONT PARK BAPTIST CHURCH IS SEEKING APPROVAL TO EXPAND THEIR CURRENT ACTIVITIES TO INCLUDE OUTDOOR RECREATION IN THE FORM OF SKATEBOARD RAMPS AND A BICYCLE RACE AREA. Chairperson Waters presented a set of guidelines to the large number of attendees regarding how the commission would like the hearing conducted. Like minded groups were asked to present their ideas through a speaker sothe meeting could be concluded in a timely fashion. 1. PROPONENTS Wayne Spears, Pastor of Fairmont Park Baptist Church, discusses the current and future property layout and the positioning of the skateboard ramps and bicycle park. Mr. Spears presented a slide presentation as well as other visual aides, voicing that the skateboard ramps and bicycle park are used not only as a form of recreation but as a vehicle of ministry; supervised at all times. When the ramps are unattended there would be ramp guards, as well as presenting that no parking is used for this skate park. With the bicycle park being for only pedal bicycles, not motorized. Dirt would be hauled in to mound up, and Mr. Spears stated that drainage will not be affected by this development. Also Planning and Zoning Commission Minutes of July 19, 2001 Page 2 stated that he would be happy to work with neighbors to reduce the negative impact brought on them by the new development on church property. , ,} Dan Chappell, 10439 Catlett Ln., La Porte, Minister at Fairmont Park Baptist Church, speaks of how children's lives are changed dramatically. He himself measured the noise levels of the skateboard park. General noise level without skateboarding (air conditioners, passing vehicles) is 60 decibels, in home measurements are normally below 50, regular conversation raising it to 85/90. Maximum noise level recorded from the skate park inside Garcia home was 56 decibels. Minimum 50 decibels. Eric Masterson, 6565 Spencer Hwy. Pasadena, Adult Leader of Skating and Biking Ministry, does not feel this is simply another playground. He described how children's lives are changed dramatically. Goes over the noise level and concerns of ramps being a fire hazard. He stated the only fire the skate park has experienced was arson. James McCauley, of 10214 Winding Trail, oversees construction of all skateboard ramps. All ramps are engineered by a professional. Dirt bike trails are said to improve the drainage. Attempts have been made to lower the noise and moreover, the facility will continue to do so. He also clarified that there is no admission charge or age limit. Is not limited to La Porte residents only, and as long as children attend the Bible Study they are welcome to skate. Brian Sterling, 314 Una, Deer Park, speaks on behalf of his sons. He described the benefits Skaters of Christ (SaC). Asks the Commission to favorably consider his request. Robert Poye, 10027 Shell Rock, La Porte, speaks of the positive impact on the youth of the community. Shirley Vercher, a member of Fairmont Park Baptist Church for 16 years, youth teacher in the Church, also teaches in public schools. Feels the skate ramps have been effective in passing a positive role for the youth of La Porte. 2. OPPONENTS Alton Porter, of 10442 Catlett Ln., speaks on behalf of himself and his wife. He clarifies that he is not speaking in opposition to the concept, but is opposing to the location. The church already operates with a Special Conditions Use Planning and Zoning Commission Minutes of July 19, 2001 Page 3 , 'I Permit, and He stated that the nuisance of this skate park is different to everyone. States that the ramps have been in use since earlier this year without being permitted. Also states that the off. street parking would be affected, especially with the new buildings that are being proposed. States that New Life Christian Fellowship Church's Pastor Greg Holley offered them the use of their site, which is zoning compatible, and even offered to put up a tent for their Bible studies. States it is not about good and evil, but about right and wrong. Penny Garcia, 3110 Oaken Ln., resident for 22 years, high school teacher. Speaks on behalf of the six homeowners affected on Oaken Lane until she reached the personal issues. She talked about annoying "thumping" noises and that the decibel level is not the issue. Feel they have lost their homes as a place of refuge. She presented a list of 34 items opposing the park. Speaks about a letter sent by both the Pizzitolas and the Garcias to the church regarding a serious drainage problem they were having, as well as a large mosquito and rat problem. So far, she hasn't received any verbal or written response from the church.She described her personal health problems and how the installation of a skate park will simply amplify them. She asked the commission not to approve the permit or current location, but to consider the New Life Christian Fellowship location. Ed Matuszak, of 10443 Catlett, speaking on behalf of the Board of Directors for the Fairmont Park Homes Association. He had problems in the past with skateboarding. States they are not in opposition to the church expanding, but in opposition to the fact that one "family" (the church) is harming several other families. Brings up a situation very similar to the one in question. Also discusses the disregard for the "24-hour community" that exists, shift workers, etc. Also discusses how the park was built without a permit. Asks that the Special Use Permit be denied. IV. ClOSE .pUBLIC HEARINGS. Chairperson Waters closed the Public Hearings at 6:59 PM. V. CONSlDEA RECOMMENDATION TO CITY COUNCIL FOR SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU 01-003. Recommended to delay decision by Betty Waters Motion by Ralph Dorsett. Motion seconded by Ross Morris. Motion carried. Planning and Zoning Commission Minutes of July 19, 2001 Page 4 VI. CONSIDER APPROVAL OF THE PRELIMINARY PLAT FOR FAIRMONT PARK EAST SUBDIVISION, SECTION TEN, TO BE LOCATED IN THE 10,500 BLOCK OF SPENCER HIGHWAY. Director of Planning Doug Kneupper presents the request by Eddie V. Gray for the preliminary plat approval. The tract comprises over fifteen and a half acres and is between the pipeline easement and the Rizzutto Elementary School access drive. In th~. Commission's April 19th meeting there be a rezoning of most of this propefty to Low Density Residential, with about 1.5 acres remaining in General Commercial. After review of the preliminary plat, staff has responded to the developer with some concerns. It is presented that the area is suitable for Low Density Residential Development. Traffic generated by this development should be able to be accommodated, however the one way in and out of this subdivision were an issue, however there were also issues with requiring a second entrance or exit to this neighborhood. The developer has stated that he would have the subdivision annexed into the Fairmont Park East Homeowners Association. That will provide future residents eligibility to be part of the association, and use subdivision park facilities. It was recommended the acceptance of money in lieu of park land dedication for this subdivision. The recently adopted Comprehensive Plan has a chapter specifically discussing Parks & Recreation, as well as a chapter discussing a proposed network of pedestrian and bicycle trails throughout La Porte connecting neighborhoods to parks, schools, shopping areas, and other destinations. The submitted preliminary plat designates a 20.foot pedestrian access through the cul-de-sac to provide accessibility outside the neighborhood. However it was stated that from previous experiences the type of corridors that run the entire length of the neighborhood have negative aspects like graffiti, loitering, etc. Pictures were shown of Glen Meadows, which was felt to be a better way of reducing graffiti and increasing the openness. Worries are brought up about invasion of privacy. Concern brought up by Ralph Dorsett regarding the children's ability to get back and forth to the pool since the subdivision would be part of Fairmont Park East. Concern is brought up of the children walking down Spencer, but no other functional way to get to the pool or recreational areas. It was proposed by Mr. Kneupper that the plat be approved with the following conditions: -Off site drainage improvements, if required, be provided to ensure proper drainage of adjacent property. -That the final plat and construction drawings shall provide a plan showing reasonable space around the perimeter of the detention pond for landscaping and walking trails. -That the plat is amended to show a second street access. -That the plat is amended to provide pedestrian access on Eagle Nest Court similar to what is depicted on attached exhibits. -Consideration of pedestrian accessibility to the Fairmont East park along Driftwood. Options to the Commission were: -Approve the preliminary plat as filed. -Conditionally approve the preliminary plat. -Disapprove the preliminary plat. Planning and Zoning Commission Minutes of July 19, 2001 Page 5 Pedestrian access is a major concern, as well as emergency response. Eddie Gray speaks about his approval of one entrance to the subdivision for the safety of the tenants. If two entrances were installed so close together, there is cause for concern about a high number of accidents. Problem of children having access to the swimming pool is solved by constructing a trail down the pipeline along the back fences of the neighborhood down to Collingswood Street, which is a street that leads to the swimming pool. Concerns are also expressed regarding drai,na.;ge of the neighborhood properties. Plat was to be accepted with the follow(hg stipulations: 'Off-site drainage conditions were to be considered and if necessary making improvements to insure a drainage problem was not created. 'The final plat would show considerable room for landscaping and/or walking trails around the detention pond. 'Putting sidewalks around the neighborhood down Spencer Highway as a way for the children to get to school. .A widened neighborhood entrance to make it easier for emergency vehicles to get in and out. Motion by Ralph Dorsett. Motion seconded by Dottie Kaminski. Motion carried with all in favor. VII. DISCUSS AMENDMENTS TO ZONING ORDINANCE. It was brought to the commission's attention by Chairperson Waters of a situation regarding a citizen in Lomax who was having difficulty building a detached garage in compliance with the regulations set forth by the new amendments. It is felt that this citizen should simply go to the Board of Adjustment, and it was brought up that the Board of Adjustment should be more easily accessible. However Chairperson Waters allowed Assistant City Attorney John Armstrong to report a list of ways the City of La Porte feels they already make the Board of Adjustment easily accessible to the public. It is agreed with that the Board of Adjustment is easily accessible, however it is felt that the public needs to be made aware of their options. Also brought to the commission's attention by Chairperson Waters about the status of the Lomax area losing its rural standing. It is hoped that the Lomax area could be preserved. Planning Director Doug Kneupper announces the final version of the Comprehensive Plan is now available and ready to be issued, as well as a new "Brochure Plan" which is not ready yet. VIII. STAFF REPORTS No staff reports presented. IX. ADJOURN Planning and Zoning Commission Minutes of July 19, 2001 Page 6 Chairperson Waters adjourned the meeting at 8:24 PM. Respectfu Ily subm itted, Approved on this llo day of 2001. .~U~~L Bet W ers Planning and Zoning Commission Chairperson SPECIAL CONDITIONAL USE PERMIT #SCU 01-003 Exhibits 1. Staff Report 2. Vicinity Map