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Home My WebLink About10-16-2003 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission • Oath of Office ~~ O;I° OATH OF OFk'ICE I, Hal Lawler do solemnly swear (or affirm), that I will faithfully execute the duties of the office of P1 anni ng & Zoning Commission (Alternate-A) , of the City of -La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and Ifurthermore- 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 or the confirmation thereof. So help me God. Swo to and subscribed before me this.the day of ~Oit~t, ~. D ~ 3 IIiIIIII111111111111111111111~111111111111i1i111!11111 2~'""~ °~°~~ PEGGY LEE c* NOTARY.PUBLIC' STATE OF TEXAS . Notary ~ ~ for the MY COMMISSION EXPIRES =_ State of Texas ~r~"f OF tEi''~ SEPTEMBER 24, 2007 = 1111111111111111111111{1111111111111111111111111111111 • o~i ° OATH OF OFFICE I, Ross Morris , do solemnly swear (or affuTn), that , I will faithfully execute-the duties of the office of _ P i ann i rig & _ Zoni nq Commission (Alternate-Q )of the Ciry of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; 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 or the confirmation thereof. So help me God. Swo to and subscribed before me this the ~~ day of ~~ ~~ p~ ~ ~ c~ d 3 11111111111111111111111111111111111111f111111111111111 _ ~~""Y °`°~~ PEGGY LEE - rt NOTARY PUBLIC - STATE OF TEXAS =Notary Pub d or the ;,,~ „ MY COMMISSION EXPIRES _State of Texas ''F c' tE+r SEPTEMBER 24, 2007 111111111111111111111111111111111111111111111111111111 • • Minutes of the Meeting • • PLANNING AND ZONING COMMISSION MINUTES OF OCTOBER 16, 2003 Members Present: Betty Waters, Dottie Kaminski, Doretta Finch, Kirby Linscomb, Jr., Nick Barrera, Paul Berner (Mr. Linscomb arrived at 6:05 P.M.) Members Absent: Ralph Dorsett City Staff Present: Interim Planning Director Nick Finan, City Planner Gwen Goodwin, Planning Coordinator Masood Malik, Supervising Engineering Robert Cummings, Planning Secretary Peggy Lee I. CALL TO ORDER. Chairperson Waters called the meeting to order at 6:00 P.M. II. APPROVE MINUTES OF THE SEPTEMBER 18, 2003 REGULAR MEETING Sz PUBLIC HEARING. Motion by Dottie Kaminski to approve the Minutes of September 18, 2003, with the following correction: Page 3, Item X: Change Second by Ralph Dorsett to Second by Nick Barrera Second by Paul Berner. The motion carried. Ayes: Kaminski, Berner, Finch, Barrera, and Waters Nays: None Abstain: None III. OPEN PUBLIC HEARING TO CONSIDER REZONE REQUEST #R03-006 FOR 1.1478 ACRES OF LAND LOCATED ALONG SOUTH 1ST STREET BETWEEN WEST "G" S "H" STREETS, FURTHER DESCRIBED AS LOTS 1 THRU 16 OF BLOCK 156, JOHNSON HUNTER SURVEY, A-35, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO HAVE THE PROPERTY REZONED FROM GENERAL COMMERCIAL (GC) TO LOW-DENSITY RESIDENTIAL (R-1 ), TO PROVIDE FOR SINGLE-FAMILY DWELLINGS. Chairperson Waters opened the public hearing at 6:05 P.M. A. STAFF PRESENTATION City Planner, Gwen.. Goodwin, presented staff's report and answered questions from the Commission. The applicant has requested a zone change for property in the 800 Block of S. 1 Sc between W. "G" & "H". Staff recommended approval of the zone change with conditions. Of the 13 public notices mailed to adjacent property owners, the City received two (3) responses, two in favor of the rezone and one undecided. Planning and Zoning Commis~l6n • Minutes of October 16, 2003 Page 2 B. PROPONENTS Cyresia Oliphant, also representing Lance Oliphant, addressed the Commission. Ms. Oliphant believes residential would be the best use for the property and does not think there would be any negative impacts on the community. She has plans to build attractive affordable homes. Ms. Oliphant resides at 1106 W. Forrest Ave. in Shoreacres. Linda Westergren, 1231 Co. Rd. 214, Weimer, Texas, addressed the Commission. Ms. Westergren will be the homebuilder for 8 homes on 16 lots. Ms. Westergen and the Commission discussed various items, including sidewalks, platting, drainage, and buffers. C. OPPONENTS No opposition was presented. IV. CLOSE PUBLIC HEARING: Chairperson Waters closed the public hearing at 6:30 P.M. V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R03-006. Motion by Paul Berner to recommend to City Council, approval of Rezone Request #R03-006. Second by Nick. Barrera. The motion carried. Ayes: Berner, Barrera, Finch, Kaminski, Linscomb, and Waters Nays: None Abstain: None Interim Planning Director, Nick Finan, asked the Commission for clarification on the motion. The Commission discussed the need for buffering light and noise along the rear property line and recommended there be a fence along with landscaping with trees. Motion by Paul Berner to amend the previous motion to recommend City Council, approval of Rezone Request #R03-006, with the addition of a mutually. agreeable buffered area along the rear .property line. Second by Nick Barrera. The motion carried. Ayes: Berner, Barrera, Finch, Kaminski, Linscomb, and Waters Nays: None Abstain: None VI. OPEN PUBLIC HEARING TO CONSIDER SPECIAL CONDITIONAL USE PERMIT #50003-003 FOR 1.23 ACRES OF LAND LOCATED NORTH OF FAIRMONT PARKWAY BETWEEN SOUTH 1sT AND 2ND STREETS, FURTHER DESCRIBED AS Planning and Zoning Commisslefi • Minutes of October 16, 2003 Page 3 LOTS 1 THRU 11 AND WEST 70' OF LOTS 22 THRU 32 OF BLOCK 179 IN THE JOHNSON HUNTER SURVEY, TOWN OF LA PORTS, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS A SPECIAL CONDITIONAL USE .PERMIT FOR DEVELOPING MINISTORAGE/WAREHOUSING IN GENERAL COMMERCIAL (GC) DISTRICT. Chairperson Waters opened the public hearing at 6:45 P.M. A. STAFF PRESENTATION Mr. Finan presented staff s report and answered questions from the Commission. The applicant plans to develop amini-storage warehouse in the 1000 Block of S. 2nd Street, between S. 1St and 2"d Streets. A special conditional use permit is required. Public notices were mailed to 24 property owners. The City received one response indicating opposition to the request if it will be a 24-hr. business. Staff recommended approval of the special conditional use permit, with conditions. B. PROPONENTS Cyndi McFalls, 603 Williamsport, League City, Texas, addressed the Commission. Ms. McFalls represents the owners, RH No. 12, Ltd.:. Ruede Wheeler, DDS; Harrison McDonald; and Jack Gunn, DDS. The Commission was: provided copies of a handout from RH No. 12, Ltd., which included photos and an updated plat. Ms. McFalls described plans for development of the facility. C. OPPONENTS Carol Castro, resident of .932 S. 1St St. since 1981, expressed concern that the proposed development would generate rodents and pests. VII. CLOSE PUBLIC HEARING. Chairperson Waters closed the public hearing at 7:20 P.M. VIII. CONSIDER RECOMMENDATION' TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #50003-003. Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit #50003-003 with the following conditions: 1. SCUP#03-003 is spec~cally limited to the mini-storage/warehouse as defined in SIC #4225. Planning and Zoning Commissf6n • Minutes of October 16, 2003 Page 4 2. The applicant shall file an application with the City to close alley in Block 179. 3. The property along West "I° Street adjacent to °R-1° district and existing residential across South 2"d Street shall. be screened and- landscaped in compliance with required screening and landscaping provisions per Section 106- 444(a) of the Ordinances. 4. All property owned by the applicant including properties to the east and south shall be replatted. 5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owneNdeveloper. 6. Enhance the building facade so that it blends with the existing residential to be architecturally and aesthetically pleasing. 7. Facility lighting shall be arranged as to reflect the light away from the adjacent properties. . 8. Retain easement for public utilities with understanding that any paved area over utilities will be the responsibility of the developer. 9. On-site detention shall be provided for the proposed development. 10. Maximum lot coverage shall not exceed 40%. 11. Hours of operation shall be from 7:00 A.M. to 9:00 P.M. 12. This permit does not become valid until a formal Minor Development Site Plan is submitted to the City, reviewed and approved in accordance with the requirements of the Development Ordinance. 13. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Kirby Lipscomb. The motion carried. Ayes: Kaminski, Lipscomb, Bemer, Finch, and Waters Nays: Barrera Abstain: None IX. CONSIDER PRELIMINARY PLAT FOR FAIRMONT PARK EAST, SECTION ELEVEN. Planning Coordinator, Masood Malik, presented staff's report and answered questions from the .Commission. The applicant, Eddie Gray, has requested Preliminary Plat approval fora 62-lot subdivision to.be located off Myrtle Creek Drive and Spencer Hwy. Staff recommended approval of the plat with conditions. Eddie Gray, 707 Memorial. Dr., Baytown, Texas, and the Commission discussed rezoning the area shown as Unrestricted Reserve A to General Commercial. Motion by Paul Bemer to approve the Preliminary Plat for Fairmont Park East, .Section Eleven with the following conditions: 1. Ensure positive drainage along north property line. The construction drawings shall indicate off-site drainage improvements to ensure grade elevations do not conflict with the adjacent Creekmont Subdivision. Planning and Zoning Commis Minutes of October 16, 2003 Page 5 2. Show 30' utility and landscaping reserve on both sides of the intersection at King William Drive and Spencer Highway. As a result, the property lines for lots 1-5 of block 3 and lots 1-7 of block 1 shall be reconfigured. 3. The developer is responsible for installation of sidewalks along .both sides of all public streets within the subdivision and along east and west right-of--way line of Myrtle Creek Drive. 4. Sidewalks shall be installed around the detention area along King William Drive and Spencer Highway up to east and west end of the subdivision line. 5. Unrestricted Reserve No. 1 along Spencer Highway must be rezoned prior to the filing of the Final Plat. Second by Doretta Finch. The motion carried. Ayes: Berner, Finch, Kaminski, Linscomb, Barrera, and Waters Nays: Abstain: None X. CONSIDER THE PROPOSED CHAPTER 6: PAVING DESIGN CRITERIA AS AN ADDITION TO THE PUBLIC IMPROVEMENTS CRITERIA MANUAL (PICM). Supervising Engineer, Robert Cummings, presented staffs report. Chapter 6 includes design criteria for street paving and sidewalks. Motion by Dottie Kaminski to recommend to City Council, approval of Chapter 6: Paving and Design Criteria, of the Public Improvement Criteria Manual. Second by Paul Berner. The motion carried: Ayes: Kaminski, Berner, Finch, Linscomb, Barrera, and Waters Nays: Abstain: None Xt. STAFF REPORT Mr. Finan announced the resignation of the City Planner, Gwen Goodwin. Ms. Goodwin addressed the Commission with a few parting words and the Commission expressed their gratitude for her work. Mr. Finan will be out of town at the TML Conference during the Commission's next scheduled meeting. It was the consensus of the Commission not to change the meeting date. The next meeting will be November 20"' and Mr. Malik will represent staff. Mr. Malik recapped events of the APA Conference in San Antonio. The Conference was attended by Mr. Malik, and Commission Members Waters, Kaminski, Barrera, and .Linscomb. Chairperson Waters. thought the conference was very beneficial. Chairperson Waters expressed a need for the Commission to have procedural steps for conducting meetings and public hearings. Ms. Waters offered to draft the procedure; Ms. Lee will assist with typing. No objection was received from the Members. Planning and Zoning Commis Minutes of October 16, 2003 Page 6 Chairperson Waters read aloud a letter to the Commission from Mayor Malone, expressing appreciation for all the time and effort of the Commission trying to make the City a better place to live. Mr. Finan reported that City Council approved an ordinance amendment to appoint two alternate members to the Planning & Zoning Commission. Council will be asked to consider Mr. Lawler and Mr. Morris for these positions. Chairperson Waters noted there would be discussion at the next meeting regarding procedures for alternate members. XII. ADJOURN Chairperson Waters adjourned the meeting at 8:20 P.M. Submitted by, ~I~- Peggy L Planning Secretary Approved on this day of~1~"(/~~-~ , 2003. Wa rs Planning and Zoning Commission Chairperson • • Zone Change Request #R 03-007 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D Staff Report E. App icat~ion F Public Notice Responses • • Zone Change Request #R03-007 Planning and Zoning Commission November 20, 2003 Location of Pro osed Chan a 10000 Block of S encer Hi hwa Le al Descri tion of Pro osed Zonin Pt. TR 8A, W. J. Pa ne Subdivision, A licant Eddie V. Gra Present Zonin Low Densit Residential -1 Requested Zoning General Commercial (GC) Acreage to be Rezoned 0.550 acre Surrounding Zoning North Low Density Residential (R 1) East Low Density Residential (R-1) South Spencer Highway . West General Commercial GC Land Use Commercial Activit Pro osed Commercial Summary: • The applicant is requesting a rezoning of this property from Low- Density Residential (R-1) to General Commercial (GC) for commercial purposes. • The adjacent properties are zoned commercial except low-density residential zoning to the north and east • The area is earmarked for commercial uses in the La Porte Comprehensive Plan. • The effect of the change from R-1 to GC should not have an adverse impact upon the infrastructure. • The overall impact on public services should be minimal. • Streets/roads should have adequate capacity to handle the traffic generated by this proposed site. • The impact upon the public health, safety, and welfare of the city should be minimal. Recommendation• Staff recommends approval of the zone change request subject to the following provision: • Provide buffering measures, i.e. site-bearing fence with landscaping including trees along rear and eastern property line to help reduce possible impact of light and noise to the abutting residential land uses. 4 ~; yak ~ ~~ - ~ ' !a ' ~ ~ J~ / ) ~. ~J .~ +~/ (. .1 y '~' '" ~. ~e4~~'. y.Y tit t ,. ~~*~~{~,`jd t i ~k . spy,. ]¢~ ~ , yy F _ !~ F ur.Tk~ 4 ~+5 '~ ~ ~ aA.~:.~ Xs ~ ,i T'-~ ~t j ~ ~ '~ • ~!'t-' P t d4 .. ! ' ,l s f _+ ,~ ~ ~' ~, } , , fir. -~ .`~ - ~i ~ ~' ~. ~ y c,. ~ ~ ' ~ ~. ,_ ar 'a' 4 i. ~ .. .eS / ~ Q1 a' R .: 4 ~ , ~~~ lE o o2S O •~ 1 .: F. ` '~u '~~ ~ i»~! k t r s ~ w~~ a Q .,o. _ , ~ ~~ ~ C~ w ~ D ~' sit°~t.~ '~ ~~ 1 '~ ,, W z ^. w ~ -. . ~ .r- .! a O 0 y i. - ~ ~ ` d ~ i a ..i' ,'_AV~ i ~.~~ ` tut ~~ .:aG~ }~ ~'! ~lf) . -~~ ,. N.T.S. LEGEND REZONE REQUEST #R 03-007 .550 AC. TRACT OUT OF TR. 8A & 9A W.J. PAYNE R-1 LOW DENSITY RESIDENTIAL ~ R-3 HIGH DENSITY RESIDENTIAL ~ GC GENERAL COMMERCIAL PROPOSED AREA OF REZONE \CITY MAPS\OFFICIAL CITY dwa • Staff Report November 20, 2003 Zone Change Request #R 03-007 Reauested bv: Eddie V. Gray, Trustee Fairmont Park, N. Reauested for: Pt. TR 8A, W. J. Payne Subdivision. Locations: 10000 Block of Spencer Highway Present Zoning: Low-Density Residential (R 1). Reauested Zoning: General Commercial (GC) Background: The subject tracts comprise approximately 0.550 acre of land out of W. J. -Payne Subdivision, La Porte, Harris County, Texas. The tract is a remainder of 17-acres tract, earlier rezoned to low-density residential for the proposed Fairmont Park- East Section Eleven. Proposed Fairmont Park East Section Eleven is bounded on the north by the Creekmont Subdivision, on the south by Spencer Highway, on the east by the Big Island Slough, and on the west by Harbour Bay Apartments. The applicant seeks a rezone from Low-Density Residential (R-1) to General Commercial (GC). Analysis: In considering this request, Staff: reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use =- Review of the City's Land Use Plan shows the subject tracts developing. as ,mid-to-high density residential with some commercial uses. Currently, the adjacent. properties are a mixture of mid-density and single- . family residential and commercial uses. The proposed rezone is appropriate with these uses. Transportation -The tracts in question gain access on Spencer Highway. Spencer Highway, a primary arterial with 100' ROW, can accommodate the additional traffic generated by future development. Sidewalks -'The developer is responsible to provide sidewalks on the tract along Spencer Highway. In .addition, future -development plans should address pedestrian connectivity: The City's pedestrian plan incorporates Big • • Rezone Request #R 03-007 P & Z (11/20/03) Page 2 of 2 Island Slough and Valley Brook Drive as components of the trail system that would connect the subject tracts to the Glen Meadows subdivision. Utilities -The infrastructure is analyzed in detail to ensure that sufficient capacity exists. In addition, the developer must provide any structures or improvements necessary to serve future development. Storm water drainage and detention has been reviewed for the proposed developments. Conclusion: Staff recommends that the Planning and Zoning Commission approve this rezone request, which represents the highest and best use of the property. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. Actions available to the Commission are listed below: • recommend approval of the zone change as requested; • recommend denial of the zone change as requested; or • recommend approval of a modified version of the zone change. .y • . un i.v~ l ~ V`4 • ~.t O ~ ~; . Established t 892 LT 1~~.~; r~~a°g ZOO O~~~E ~ . c $300.00 AgplicaQaon 1Vo • J ~ ' oo~J .. _ OFFICE ZISE OAIi.Y: 1~EE: X Date Received; 10 - ~ ~l - y~ Receipt No, :. /,~~ 7 ()Site Plan ()Minor Development Site Plan Major Develapmen! Site Plan ()Genera! Plan ()Site Puns Submitted on Appliant°s Name; Eddie V. Gray, Trustee Address: P • 0 . Box 638 .Baytown, Tx. 77522 Date: 10-16, 2003 ph; (281) 422-3677 Ext. 10 Signature: •~ Owner's Name- Eddie V. Gray, Trustee Address: dame) ph; (same} Property Legal Description: ~0~' denthage on Spencer & OSee Attached I AM TIDE OWNER OF THE REIN DESCRIBED PROPERTY AND IS AITI'I30RIZED TO FILETHIS APPLICATION OAI M BEHALF, Date• ~ 0 ~ ~ ~ - D 3 Signature: v' / Zone: R-1 Requested Zone Change: GC SIC I~To: Proposed 'Usage: General Commercial OFFIC°~ iUS~ OI`,ILY 1) Pla,ining & Zoning: (a) Preliminary Meeting - N) Public Hearing/Mtg. - Recommendation: Applicant Notified of Date(s): () 1st bitg. () 2nd Mtg. f~djoining Property Owners Notified: 2) City Council: (a) Regtelar Meeting - (b} Public `Hearing/1Litg. •- -~ _ Approved () Adopted by Amendlne»t Ord. #1501 - A DCnled { ) f`~~ (i~~~V11~ o f,.~I'~'t•..Tc•~.~~•"~i'_•II{~ I~f~l=i1•~L?0 ,7 • Zone Change Request #R 03-009 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Application F. Public Notice Responses • Zone Change Request #R03-009 Planning and Zoning Commission November 20, 2003 • Location of Proposed Change 310 N. 1 Street, between West "Adams" & "T ler" Streets Legal Description of Proposed Zoning Lots 11 & 12, Block 84, Town of La Porte Lots 1-10 & 13-16, Block 84 (Added by the City) A licant Ba ou Housin Partners, Inc. Present Zonin General Commercial GC Requested Zoning Low Density Residential (R 1) Acreage to be Rezoned ~ 1.1478 acres Surrounding Zoning North General Commercial (GC) East General Commercial (GC} South General Commercial (GC) West Low Densi Residential -1 Land Use Commercial Activi Pro osed Sin le-famil dwellin s Summary: Recommendation: • The applicant is requesting a rezoning of this property from General Commercial (GC) to Low-Density Residential (R-1) for the purpose of providing single-family dwellings. • The adjacent properties are zoned commercial except low-density residential zoning across North 1~` Street on the west. • The area is earmarked for commercial uses in the La Porte Comprehensive Plan • The effect of the change from GC to R-1 should not have an adverse ..impact upon the infrastructure. • The overall impact on public services should be minimal. • Streets/roads should have adequate capacity to handle the traffic .generated by this proposed site. • The impact upon the public health, safety, and welfare of the city should be minimal. Staff recommends approval of the zone change request subject to the following provisions: • Provide .buffering measures, i.e. site-bearing fence with landscaping including trees along rear and eastern property line to help reduce possible impact of light and noise to the abutting non-residential uses. » ~~ ~~ ` i ~~ ~ ti~ . r FI~ . 'ti'p' :T' ` - -1fy ~r"'~ . ` "'.'~ a• a y. ,rr.. ~ -s E~,tr I.~ ~ J i .X~ ~v! s:l '~~'+ i .h> 1 - + N rte,. .. ~~"'v ,wi. ~ i k ,~~ 1j )~~K _ _ il.~ 'b ~.. hk ~'~ ~LP° ~1~.~A.~. ~~ y ' . I' i t~..L,~ '~ sE,;:: "~t is X69' 4 ~ ~ ~ ~ •' ~ . 1 - ~ •'x.14' a ~~ ~ ~ ntf' t~ °t F . +~ ~~ ~; f R es : . ~ r r ,x. .. _~~~ •~ P J ti ` ~~ 1' Rk ~~ w ~.; ~ ~, a _ `' ~. ~ :~ :~ ~ y •~ l f:#~; a { .P,~,,., Y,. Y F~~t4" i w.`w «r~ ri 6 ~ ~ ~. ! i ~: "'~ 'i .i ,~ , -r~~~7 r, 4 ~ ~~ ems' Y~•' ~ .^. ~1 SC. ~ '.. .` y~f~L s• ~ 1 ', 1~~ e, a:~~s. ~ -'-. I N.T.S. 88 87 86 WEST TYLER STREET v c N 81 82 ~ 83 0 Z ~ WEST ADAMS STREET w '~ ~~. ~_~ ~, ~- m 41 1 ~~ . 64 ~ 63 62 ~ = ~ 1 " _ ~ ~ ~ ;~, F-- '~ -- -- - - r ~!JVEST MAIN STF~EET ~ ~~ ~°~ LEGEND REZONE REQUEST #R 03-009 BLOCK 84 LOT 1-16 TOWN OF LA PORTE R-1 .LOW DENSITY RESIDENTIAL R-2. MEDIUM DENSITY RESIDENTIAL //~ P.U.D. PLANNED UNIT DEVELOPMENT ~ GC .GENERAL COMMERCIAL J?i~ PROPOSED AREA OF REZONE \CITY MAPS\OFFICIAL CTTY MAPS\ZONING\OFFICIAL-ZONING-MAP.dwg • • Staff Report November 20, 2003 Zone Change Request #R 03-009 Requested by: Bayou Housing Partners, Inc. Reauested for: Lots 11 & 12, Block 84, Town of La Porte Location: 310 North 1~` Street Land Use: Commercial Present Zoning:. General Commercial.(GC) Requested Zoning: Low Density Residential (R-1) Surrounding Zoning: North -General Commercial (GC) South -General Commercial (GC) East - General Commercial (GC) West -Low Density Residential (R-1) Background:. In December 2002, the City of La Porte accepted a grant from the Department of Housing and Urban Development's (HCTD's) HOME grant program through Harris County's Office of Housing and Economic Development Department. The City designed a program that will build 11 new homes in the Northside neighborhood. To generate urterest in the program, the City is building two homes. These homes will be located on 7~' and Sa' streets. In addition, the- City is also looking for other suitable sites in the Northside neighborhood. The property located at 310 N. 1~` Street, described as lots 11 and 12; Block 84 is a ;possible location. But, the property in question is zoned General .Commercial. As a part of this request, the City is including lots 1 thru 10 -and 13 thru 16, ;for comprehensive rezoning of the area. A zone change would result in one-half of Block 84 being rezoned to Low- Density Residential (R-1), while the other half block along S. Broadway remains General Commercial (GC). The subject tract comprises approximately 1.1478 acres of land out of Johnson Hunter Survey, A-35, Town of La Porte, Hams County, Texas. The property is located along North 1~` Street between West :`Adams' & `Tyler' • Zone Change Request #R 03-009 P & Z 11-20-03 Page 2 of 3 Streets. The tract in question is vacant and surrounded by few other houses in the area. The- applicarrt seeks a rezone from General Commercial (GC) to Low- Density. Residential (R-1) for single-family dwellings. As shown, this rezoning would consist of half of Block 84 along North 1 ~` Street. Earlier, the Commission at their October 16, 2003 meeting, approved a similaz request (hots 1 thrul6 of Block 156 in the 800 Block of South 1~` Street). The thoughts being that all of the property facing First Street should be residential except at major intersections. Analysis: In considering this request Plan elements: Land Use, Utility Infrastructure, and considered are as follows: Staff reviewed the following Comprehensive Thoroughfare System, Pazks and Recreation, Residential Development. The specific issues Land Use -Review of the Land Use Plan shows this area developing with commercial uses. However, the residential land uses are within the vicinity of the subject tract. There is a house with a business to the south of the property along North 1~` Street. In addition, there aze a few residential across the street to the northwest corner of the property. The proposed change is compatible and the request seems to be consistent with the Land Use Plan. In addition,, rezoning decisions should be based on the following considerations: • Should be close to schools, parks, and other community facilities. • Should have good access to local, collector, and arterial streets. • Residential area should not be adjacent to industrial area. • Residential and commercial areas may be adjacent to one another if they aze separated by a buffer. • Neighborhoods should be buffered from primary streets. • Houses should not be adjacent to Highways or other major transportation corridors. Transportation -The tract gains access using North 1~` Street. West `Adams' & `Tyler' Streets connect to S. Broadway, a toroughfaze with 100' ROW. The traffic generated by this development should not negatively impact the transportation system in the area. -Parks and Recreation -The neazest park facility is the Northside Park along W. Tyler Street between North 4~' & Sa' Streets. The Jennie Riley Community Center and' Children's playground. are the other sources of civic and recreational activities respectively. These facilities serve the whole Northside neighborhood. However, consideration should be given to Zone Change Request #R 03-009 P & Z 11-20-03 Page 3 of 3 installing sidewalks to provide pedestrian connectivity to the pazk and recreational activities. Utilities -The public water and sanitary sewer systems aze available to the azea. However, the infrastructure was not. analyzed in detail to ensure that sufficient capacity exists. In addition, storm water drainage and detention is also an issue that will be cazefully reviewed as the development occurs. Residential Development -The intent of the .Comprehensive Plan is to provide for attractive low-density residential neighborhoods. The attractive appearance -and environmental quality of future low-density residential neighborhood should be protected and improvements made where necessary to maintain the value of the properties and enhance the quality of life. However, there aze potential developers interested in developing single- family residential dwellings similar to this scenario. The Commission may consider flexible zones to meet the future housing needs in La Porte. Conclusion: Staff recommends that the Planning and Zoning Commission consider this rezone request with the provision of buffering measures, i.e. a six-foot site bearing fence with landscaping including trees along the reaz property line to help reduce the possible impact of light and noise from the adjacent non- residential properties. Actions available to the Commission are as follows: • recommend approval of the zone change as requested, • recommend denial of the zone change as requested, and • recommend approval of a modified version of the zone change. ~~r ,.. ua va:4esp oity of la Porte 281-471-7168 p,2 • • • City of La Forte Estab(~:,hed 1892 APpIxCATION FOR ZONE CHANGE REQUEST _~ ~~_ ~ ~ O~ APPlicaticm No.: ~D~ - D D 9 ~: 5100.00 Date Reayved; ~=1~j~ - Receipt No.: ~~ 7 ()Site Flan () A2irtor Development Site Plan . ().Major Development Side Plan () General Plan (}Site Plans Submitted on APpliant's Name: ~2~ ~ h.- . .~~ .ruL .S C u~ /t,v,~ca~ Address.: ~ l 3 ~ Ph: ~/ .~ yes • . Date: % ~• D ~ Signature: ~ ,..1~ G~•~'~~~ Owner's Name: L.' I f o I" ~ /t ni~Yt IZ` ~ (~` ~~_~ ~.~ ~ --.9 ~c'~ ~ ` .~ ~' i Address: ~ Ph: ~.vTS . /I '~"l,2 /d.~Ek ff5/ ~'ol~Y legal Description: ~U r'S ~~ ~ .~,;2 /-~~c.1~CK ' y ~ee Attachod I AM THE OWNER OP THE AEREII~i DFSCRIDID PROPQtTY AND ~ A[T1~iORi2.>:ll TO FIL.F 2HI5 APPLICA'ITON ON MY BEHAI,~, Date: Sign~a~ture:. Zone: RegtteSted Zone Chsutge:`7~-`r°z SIC No: _ -_. Proposed Usage: 1vG L = / L Cam/ ~%i~r %~ ~L or~teE osE orrLY 1) Planning & Zoning: (a) P~liminaly Meeting . (b) Public Hesring/Mtg. - Recommenctatzon Applicant Notified of Date(s): () 1st Mtg. ~ ().2nd Mtg. -- Adjoining Property Owners No4fied: 2) City Council: (a) Regular Meeting - (b) Public HearingJMtg. - APP~'~ () Adopted by Amendment Ord, f~1501 - _ Denied O f .~ i. f~ ~~ i i i s t ~. r.... r.,, - . -, ~ ~ , :. -~~ • A Meeting of the La Porte Planning and Zonllig Commission (Type of l~feeting) D (~ ((~ Scheduled for NpV 11 2003 November 20, 2003 (Date of Meeting) ~ to Consider Rezone Request #R03-009 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVO f granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: e lease Address P Si a re City, State, Zip • • A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for ' ~'~~ ~ .November 20, 2003 NOV 1 4 2003 (Date of Meeting) to Consider ~L,~a'~~°~~~'s~.~ ~s'~:~ ~ . Rezone Request #R03-009 ('!"ype ofRegaest) I have received riotice of the above referenced public hearing. I am ui O of granting this request for the following reasons: ~' c~'~~~v~n of ,~,~an~ r~~~~ 5~~,~ ~"/Z I am OPPOSED to granting this request for the following reasons: • • Zone Change Request #R 03-008 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Application with. Letter F. Public Notice Responses G. Site Plan • Zone Change Request #R03-008 Planning and Zoning Commission November 20, 2003 Location of Pro osed Chan a 1241 Underwood road Legal Description of Proposed Zoning 21.289 acres being out of Lots 367, 368, 369, 369A, and 370, LaPorte Outlots A licant Shaw Maintenance, Inc. Present Zoning General Commercial (GC), Medium Density Residential -2 ; Low Densi Residential -1 Requested Zoning Business Industrial (Bn Acreage to be Rezoned 21.289 acres Surrounding Zoning North GC, R 2, & R-1 East R-1 South GC, R-2, & R-1 Land Use Commercial and Residential Activit Pro osed E ansion of eaistin business Summary: • The applicant is requesting a rezoning of this property from General Commercial (GC), Medium Density Residential (R-2), and Low-Density Residential (R-1) to Business Industrial (BI). • .The property is currency being utilized as office, storage/warehouse,.and miscellaneous shop fabrication activities (non-conforming use). • The purpose of the zone change is to allow expansion of existing activities at the facility. • Fabrication of metal products and outside storage are not permitted uses in General Commercial (GC) zone as per Section 106-441, Table A. • Continuance and expansion of nonconforming uses require approval from the Zoning Board of Adjustment (ZBOA). • Rezoning of the property would create a small industrial zone surrounded by residential zone except a portion is zoned GC along Underwood Road • The effect of the change will have an adverse impact on the surrounding properties and public infrastructure. • The impact upon the public infrastructure issues such as storm water accumulation and runoff to the adjacent properties will be high. Recommendation: Staff recommends denial of the zone change request subject to the following provisions: • The request is not in accordance with the City's Comprehensive Plan. • .There was no apparent error in assigning the present zoning designation to the tract in question • There have been no changes within the area in question that warrant an amendment to the Comprehensive Plan A change to BI zone would be contrary to the goals and intents of the Comprehensive Plan. • N.T.S. LEGEND REZONE REQUEST #R 03-008 OUTLOTS 367 368 369 & 370 LA PORTE OUTLOTS R-1 LOW DENSITY RESIDENTIAL R-2. MEDIUM DENSITY RESIDENTIAL ~ GC GENERAL COMMERCIAL T ~ PROPOSED AREA OF REZONE cm • Staff Report November 20, 2003 Zone Change Request #R 03-008 Requested bv: Shaw Maintenance, Inc. Requested for: 21.289 acres being out of Lots 367, 368, 369, 369A, and 370, LaPorte Outlots Location: 1241 Underwood Road Land Use: Commercial, Low & Mid to High Density Residential Present Zoning:. General Commercial (GC), Medium Density Residential (R-2), and Low-Density Residential (R 1) Requested Zoning: Business Industrial (BI) Surrounding Zoning: North - GC, R-2, R 1 South - GC, R 2, R 1 East - R-1 Background: The property in question consists of 21.289-acres described as being out of lots 367, 368, 369, 369A, and 370 of the La Porte outlots (Volume 61, Page 374 as per H.C.D.R) and being situated- in the Enoch Brinson Survey, abstract No. 5 and The N. Clopper Survey, Abstract No. 198, City of La Porte, Harris .County, Texas. The subject tract has existing buildings used as administrative offices and mechanical shops. The facility has been used for - miscellaneous shop fabrication since the mid 1990's. The subject property is within the vicinity of commercial and light industrial facilities along Underwood Road. The applicarn is primarily engaged to house personnel and equipment associated with the mairnenance and construction operations in and around Harris County and the Gulf Coast Region. The facility is also involves in miscellaneous shop fabrication of metal products (SIC# 3443). However; the process occurs inside the mechanical shop and is not visible to the public. The applicant wants to expand the business by utilizing the property to the fullest extent: The purpose is to lease some of the buildings for the activities like pipe compression, cut pipe to size, distribution of steel pipe & tube, light fabrication, and outside storage of pipes etc. • #R 03-008 PBtZ 11!20/03 Page 2 of 4 According to the applicant, the entire property was covered with miscellaneous construction debris and materials. Some of the buildings were in a bad shape and needed repairs immediately. There were unused concrete foundations and sidewalks throughout the property. Since taking over by a current owner, all of unused material or equipmerns and unnecessary buildings have been removed as a part of clean up of the property. A copy of their letter is attached for your convenience. While reviewing the subject request, staffdiscussed the following options: • Non-conforming use and/or structure • Rezoning • Planned Unit Developmern (PUD) The first option involves non-conforming issues associated with this site; the portion of fence encroaches into the front setback, .site drainage,. and fabrication of metal products. However, fabrication of metal products is a non-conforming use in GC. In order to expand the present business, the applicant must get approval from the Zoning Board of Adjustment. The second option. is to request for the zone change. The tract in question comprises 21 acres, of which, approximately 15 acres are zoned R-2 and R- 1. If rezoned, the new Business Industrial zone would be surrounded on all sides by residentially zoned property except along Underwood Road. There is no other industrially zoned property in close proximity to this tract. In addition, the. facility to the south of the subject property is also non- conforming. The third option is to establish a Planned Unit Development district. The purpose of this district is to provide for the grouping of land parcels for development as an integrated unit as opposed to traditional parcel by parcel and unplanned approach to developmern. It provides flexibility of site design through conditional use provisions. It is further intended that planned unit developments are to be characterized by central management, common use of parking, detention, maintenance of open spaces or other facilities, and efficiern distribution of uses. The applicant looked at the second option of rezone to Business Industrial (BI). ,Using this scenario, the applicant would ask to rezone the property from GC, R 2, and R 1 to BI; where, existing use of the facility is a permitted use as per Section 106-521, Table A, Industrial Uses. The rezone to BI would alleviate only non-conforming use while side building setback on the south will become non-conforming. If the zone change is approved, the applicant's other non-conformities must be resolved. The applicant may still have to go to the Zoning Board of Adjustmern. • • #R 03-008 PBcZ 11/20/03 Page 3 of 4 Anatvsis: The City is composed of numerous types of development, which aze closely interrelated and interdependent with one another. With cazeful consideration and planning, this irnerrelationship may be beneficial to the whole community. The relationship of the applicant's proposal to the Comprehensive Plan needs to be emphasized as much as possible. In considering this request; Staff reviewed the following elements of the Comprehensive Plan. Land Use -The City's Land Use Plan indicates this azea developing with commercial and residential uses. These uses aze typically not as irnense as the industrial land use, which the applicant's request would be categorized. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: • Chazacter of the surrounding and adjacent azeas; • Existing -use of nearby properties, .and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; • Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public .facilities and services, and other considerations; _ • Extent to which the designated use of the property would harm the value of adjacent land use classifications; • Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; • Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, • The gain; if any, to the public health, safety, and welfare due to the existence of the land use designation Transportation -The property in question has approximately 500 feet frontage along .Underwood Road. Any proposed expansion may increase traffic to the azea. But, Underwood Road, which -runs into Battleground Road, a primary arterial with 100-ft. right-of-way, should accommodate the traffic generated by this developmem. However, additional study would be required to determine if additional parking would be needed and to determine the extent of the increase in traffic to the site. • • #R 03-008 . PBcZ 11/20/03 Page 4 of 4 Utilities -Currently, the site has sufficient water and sewer facilities to serve this development. It will be applicant's responsibility. to provide any structures or improvements necessary to accommodate increased demand of water and sanitary sewer for the future development.- Storm water management is also an issue that will be cazefully reviewed with the site development. On-site detention shall be required for the property. Area residents have voiced their concerns about flooding and improper drainage of the facility. Conclusion: Based on the above analysis, staff finds the requested change is not compatible with the present zoning and uses of neazby properties. The change from General Commercial (GC), Medium Density Residential (R 2), and Low-Density Residential (R 1) to Business Industrial (BI) would impact future development within the azea by moving away from the intent of the Comprehensive Plan. From the information provided by the applicant, this request would appear to be based solely on a desire to eliminate the nonconformity and clean up of this 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 remaining undeveloped residential zoned property. Additionally, it should be noted that the present facility has operated legally as a nonconforming use. 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 present zoning currently in place. However, the Commission may select other alternatives to bring this facility and the neighboring facility into compliance with the ordinances. - In reviewing this request the Commission should consider the following: • There was no apparent error in assigning the present zoning designation to the tract in question. • There has been no sufficient degree of change in or azound the area in question to render the present zoning designation inappropriate. Options availableto the Commission aze: • Reconunend to Council approval of this rezoning request. • Recommend to Council denial of this rezoning request. • Recommend approval of a modified version of the zone change. • • City of La ~'or~e Established I S9? APPLICATION FOR ZONE GH.ANGE REQUEST Application No.: OFFICE USE ONLY: FEE: ~ 3 0 ~ ~~ Date Received: Receipt No.: OSite Plan O i~iinor Development Site Plan ()Major Development Site Plan ()General Plan OSite Plans Submitted on Appliant's Name:- 54~a~; (Y1~~~ ~.;~ e...,,. ~~. ~.r. ~ i. Y... ` . Address: ~~-`l~ i-L•~-~,e.r,~%~c,cL r~a. Ph: ~2 ~=1~ ~`~Z-~'~loL Date: 1 e° 2 i- e `3 Signature: Owner's Name: ~ ~c~ ~~ ~~ a ~~ c.. e.. 1 Address: 12'~ ~ L.ln,e~er~cc~c~ ~,a, Ph: (2~l) Sit Z.-(C'`iC~3 ~~~ ~a~~ Gi S-191 ~ Property Legal Description: 2i. ~-~~1 R~r~.s ~3~;,~~, c~~~~- ~~ ~„ ~~s (See Attached ~~,'7~ ~1-8~ R,~..~~ 3i,q of ~~e t-~.~'o.--~z o~.r~~~5 (~~ol~,,.,,e G~1~"t4ye 37y -r~,E.o:~.~ I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND IS AUTHORIZED TO FILE THIS APP ICATION ON l~fY BEHALF. Date: - o - 21- 03 Signature: ~ -~..~~ G C, Zone: i~-1 ~ ~-2. Requested Zone Change:. t3 :L SIC No: t 5y 1 Proposed Usage: 1.3a~,onzs5 - ; ~c~,u.5`~~~,,, OFFICE USE ONLY 1) Planning & Zoning: (a) Preliminar;~ Meeting - (b) Public Hearing/~itg. - Recommendation: Applicant Notified of Date(s): O lst tittg: O 2nd Mtg. Adjoining ,Property Owners Notified: . 2) City Council:. (a) ~) Approved ( ) Regular Meeting - Public Hearing/Mtg. - Adopted by Amendment Ord. 7101 l.. J s ____ , ~1aW The Shaw Group Inc. • Shaver N!ainienance. !nc. 1241 Undennrood Road La Porte. TX 77571 281.842.6400 FAX: 231.842.6409 October 23, 2003 Mr. Masood Malik City of La Porte, Texas 604 W. Fairmont Parkway LaPorte TX. , 77571_ Re: Proposed Zoning Reclassification Mr. Malik: The Shaw Group became the sole owner of approximately 22'/z acres of property located at 1241 Underwood Road in LaPorte, Texas in July 2000 through the acquisition of Stone & Webster, Inc. The property is utilized to house personnel and equipment associated with our maintenance and construction operations in and around Harris County and along the Gulf Coast and miscellaneous shop_,fa~[ication,activities._. Since acquiring the property Shaw has spent much time, effort and money to clean and repair the facility. Some items of note are as follows: 1) The entire property was covered with miscellaneous construction debris and materials. All of this material and old equipment has been disposed of and the property is now mowed regularly. 2) Each building was filled with old-equipment and materials. Most of this has been removed. 3) Three metal buildings in bad repair have been demolished. 4) One eleven unit modular unit and associated utilities have been removed. 5} One doublewide modular unit and all attachments have been removed. 6) One nine-unit modular and associated utilities and attachments were removed. 7) One concrete block building has been demolished and removed. 8) All unused concrete foundations and sidewalks throughout the property have been demolished and removed. 9) State permits for the fuel storage tanks have been obtained and are kept current. 10) A Federal Environmental. Protection agency inspection of the facility has been conducted and the entire property given an excellent .rating. 11) Licensed contractors will abate all asbestos. Scheduled completion is October 31S`, 2003. 12) All drainage ditches on the property have been cleaned and are maintained regularly. 13) One building has been renovated outside to improve the appearance of the property. All work was permitted and inspected by the City of LaPorte. 14) Renovation of another building is currently underway. 15) Landscaping improvements are currently underway and will continue. 16) Painting (with lead-free material) is currently underway on a limited basis. 17) Sheet metal repairs have been made on some buildings and will continue. • • Shaw Maintenance, Inc. October 23, 2003 Page 2 18) Fencing replacement has begun and will continue. 19) Efforts to remove all unnecessary utilities continue and will be replaced on an as- needed basis with city inspection. This list reflects only a small portion of the effort needed to bring this thirty-year-old facility into compliance with regulatory agencies and improve the appearance to the community as a whole. Approximately one year ago it was brought to our attention that the property falls into three zoning. classifications. We have made numerous attempts to sell or lease this property and each time we were unable to close the transaction because of the current zoning restrictioris. After the unsuccessful attempts to sell or lease the facility Shaw made a decision to utilize the property for our own business needs. In order to move forward. and utilize the property to the fullest extent, we respectfully request the current zoning classifications will need to be changed. .Other factors that compels Shaw to make this request are as follows: 1) The cost of curbed streets, water, sewer, electricity, communications, firewater and drainage to be installed from Underwood Road to the rear of the property, approximately 2000 feet away renders it cost prohibitive for "R1" and "R2" development. 2) Use of the Commercial property along Underwood Road would be severely restricted after allowing for roadways and easements to be installed to the residential zones. The property is approximately 468 (+/-) feet wide by 1900 (+/-) feet deep. 3) All development in the residential zones would be located behind the commercial zoned area and have no frontage to Underwood Road or any other existing street. In consideration of the aforementioned facts, we respectfully request that the current zoning classifications be changed to "B1" Business Industrial. Should you need further assistance, please do not hesitate to contact me at 281-842-6461. I look forward to your favorable reply. Si cerely, ~ C > ~ ~'~ w vim,, r Vernon John n Maintenance Manager cc: File Fred McManus