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Home My WebLink About01-18-07 Regular Meeting, Public Hearing and Workshop of the LP Planning and Zoning Commission Minutes of the Meeting PLANNING AND ZONING COMMISSION MINUTES OF JANUARY 18,2007 Members Present: Pat Muston, Nick Barrera, Dottie Kaminski, Doretta Finch, Paul Berner and Hal Lawler (Alt 1) Members Absent: Claude Meharg, Kirby Linscomb Jr., and Les Bird (Alt. 2) City Staff Present: Planning Director, Wayne Sabo; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Shaye Bradley 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. CONSIDER APPROVAL OF DECEMBER 14, 2006, MEETING MINUTES. Motion by Paul Berner to approve the Minutes of December 14, 2006 with one correction, on page two, item number six should read; Nick Barrera advised that he will have to abstain from hearing this item due to a conflict of interest with the property in question. Second by Nick Barrera. The Motion carried. Ayes: Nays: Abstain: Muston, Finch, Barrera, Berner, Lawler and Kaminski. None None 3. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE PERMIT #SCU07-001 REQUESTED FOR PROPERTY LOCATED AT 11006 NORTH AVENUE P, FURTHER DESCRIBED AS TR 394A, LA PORTE OUTLOTS, CITY OF LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, SHELLY AND ALLAN RANKIN, SEEK TO DEVELOP FFA AND 4-H PROJECTS WITHIN THE LARGE LOT DISTRICT (LL). Chairperson Muston opened the public hearing at 6:03 p.m. A. STAFF PRESENTATION The Staff Report was given by Masood Malik. The applicants Shelly and Allan Rankin are requesting a Special Conditional Use Permit for developing a project site for FFA & 4-H programs. The applicants are proposing to house animals at the barn and land for these programs. The projects are agricultural in nature and not for commercial purposes. Wayne Sabo answered various questions from the Commission. Notices of public hearing were mailed to property owners within 200' of the subject area. Of the eight mailed, the City received seven responses opposing and none favoring the request. Three of the seven responses were received from property owners outside of the 200' radius. B. PROPONENTS Delecia Turner, of 10105 North P Street, addressed the Commission in favor of the Special Conditional Use Permit. Mrs. Turner explained that Planning and Zoning Commission Minutes of January 18, 2007 Page 2 of 5 several people moved to the Lomax area for FFA programs and that the barns where these animals are kept are very clean. Chester Pool, of 1710 Alvy Drive, addressed the Commission advising that the Rankins have kept hogs on his property and the pens are kept very tidy. Mr. Pool advised that the Rankins have always addressed any concerns he had with the hogs being on his property. Betty Cacherre, of 1068 North H Street, addressed the Commission advising that the 4-H students are hard working students. The pens for all of the animals have to be kept and cleaned thoroughly on a daily basis. Mrs. Cacherre also advised that the students must have passing grades in order to participate in the FFA and 4-H program. Donna Lott, of 5518 Stone Creek, CreekMont Addition, addressed the Commission advising she is one of the Agricultural Teachers. The scholarship programs these students are offered for FFA and 4-H programs are tremendous. Mrs. Lott advised that Derrick Rankin is currently ranked number one in the District in the FFA Program. She also advised that the animals are very well taken care of in every manner. Sue Gayle Mock Kooken, of 410 S. 10th Street, read aloud and submitted a letter she submitted to the Commission favoring the Special Conditional Use Permit. C. OPPONENTS Alice Ybarra, of 11022 North P Street addressed the Commission in opposition to the request. Mrs. Ybarra advised that she and her husband are neighbors of the Rankins. She stated that the smell of urine and manure is producing a large amount of flies on her property. Mrs. Ybarra advised that she has filed a formal complaint previously and will continue to call as the problem continues. Mrs. Ybarra also stated that it is impossible to have a backyard cookout because of the flies. Staff inquired from Mr. Sabo if it were possible to put a limitation on the number of animals to be housed on the property. Mr. Sabo also advised that a restriction can be placed on the number of animals. Mr. Sabo advised that the code enforcement officers have previously visited the Rankins property and addressed any issues that were of concern. These issues have been resolved. 4. CLOSE OF PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:55 p.m. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU07-001 REQUESTED FOR PROPERTY LOCATED AT 11006 NORTH AVENUE P, FOR ESTABLISHMENT OF FFA AND 4-H PROJECT SITE. Motion by Nick Barrera to recommend to City Council, approval of Special Conditional Use Permit #SCU07-001 for property located at 11006 North Avenue P, for establishment Planning and Zoning Commission Minutes of January 18, 2007 Page 3 of 5 of FF A and 4-H Projects with the following conditions and the exclusion of the last two paragraphs of the draft Permit: . SCU#07-001 is specifically limited to FFA, 4-H projects. . Project will be limited to a maximum of eight (8) animals at one time. . Program is agricultural in nature not for commercial purposes. . Project site including barn is kept clean and sanitized per health and safety standards. . On-site records are kept to help ensure proper treatment and timely dissemination. . Follow preventive health measures and proper vaccine precautions. . Ensure timely manure removal from the facility to control flies and odors, to avoid potentially harmful residue which could pose a health hazard to humans. . Ensure the run-off from the animal wash area stays on the property and should not flow towards adjoining properties. . Annual Certificate of Compliance with safety standards shall be applicable. . This permit will expire June 2010. . The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Muston, Finch, Barrera, Berner, Lawler and Kaminski. None None 6. CONSIDER PRELIMINARY PLAT FOR PROPOSED SA YPORT NORTH INDUSTRIAL PARK II. The Staff report was given by Masood Malik. The applicant is platting 187.6711 acres of land into six restricted reserves for an industrial park to be known as Bayport North Industrial Park II at the southeast corner of Fairmont Parkway and Underwood Road in the Bayport Industrial District. The owner/developer plans to develop the tract for business/industrial uses. Motion by Hal Lawler to approve the Preliminary Plat for proposed Bayport North Industrial Park II with the four conditions listed: . Landscaping/screening shall be provided along Fairmont Parkway. Required screening will count towards the required percentage of landscaping. The planting strip shall be consistent with the one to the west side of Underwood Road. Earth mounding or berms with trees may be used to screen from view from the public rights-of-way in compliance with Section 106-444(a) of the Ordinance. . Traffic Impact Analysis, signalization, and turning lane plans for the intersection of Willmont Drive at Fairmont Parkway shall be submitted to the City upon completion. . Show on the plat that public or private streets shall be developed and maintained as per specifications of Harris County and the City of La Porte is not responsible for their maintenance. . Add note on the plat that detention/drainage system maintenance shall be the responsibility of the Park's Drainage Association. Planning and Zoning Commission Minutes of January 18, 2007 Page 4 of 5 Second by Dottie Kaminski. The motion carried. Ayes: Nays: Abstain: Muston, Finch, Barrera, Berner, Lawler and Kaminski. None None 7. CONSIDER FINAL PLAT FOR PROPOSED BAYPORT NORTH INDUSTRIAL PARK II. The Staff report was given by Masood Malik. The applicant is platting 187.6711 acres of land into six restricted reserves for an industrial park to be known as Bayport North Industrial Park II at the southeast corner of Fairmont Parkway and Underwood Road in the Bayport Industrial District. The owner/developer has plans to develop the tract for business/industrial uses. Motion by Paul Berner to approve the Final Plat for proposed Bayport North Industrial Park II with the four conditions listed: . Landscaping/screening shall be provided along Fairmont Parkway. Required screening will count towards the required percentage of landscaping. The planting strip shall be consistent with the one to the west side of Underwood Road. Earth mounding or berms with trees may be used to screen from view from the public rights-of-way in compliance with Section 106-444(a) of the Code of Ordinances. . Traffic Impact Analysis, signalization, and turning lane plans for the intersection of Willmont Drive at Fairmont Parkway shall be submitted to the City upon completion. . Show on the plat that public or private streets shall be developed and maintained as per specifications of Harris County and the City of La Porte is not responsible for their maintenance. . Add note on the plat that detention/drainage system maintenance shall be the responsibility of the Park's Drainage Association. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Muston, Finch, Barrera, Berner, Lawler and Kaminski. None None 8. OPEN WORKSHOP TO REVIEW NOTICE OF PUBLIC HEARING (200' PERIMETER) Chairperson Muston opened the workshop at 7:30 p.m. The staff report was given by Wayne Sabo, During the January 8, 2007, meeting, City Council directed staff to consider the notice of Public Hearing 200' rule procedure required for notifying property owners for proposed changes of classification or amendments to the Zoning Ordinance. The Commission directed Mr. Sabo to bring back a formal recommendation to Council for next month's Planning and Zoning Commission Meeting. 9. CLOSE WORKSHOP Chairperson Muston closed the workshop at 8:00 p.m. Planning and Zoning Commission Minutes of January 18, 2007 Page 5 of 5 10. ADMINISTRATIVE REPORTS Wayne Sabo . Mr. Sabo met with the owners of 200 Garfield this week. The owners have planned to build 16 or 17 townhomes. A formal plat must be submitted for this property. The owners should pull a demo permit as soon as possible. Possible construction to begin in the fall of 2007. . Reminder that Russell Plank has submitted a formal invitation for the Port Crossing ground breaking ceremony. . The Lakes at Fairmont Greens (Golf Course Community) pre-construction conference was conducted last week. They will receive a notice to proceed and they will start constructing the Southeast La Porte trunk sewer and the infrastructure for section 1. Angel Brothers will be the contractor for this development. . 70% of Fire Station #3 construction is complete. . The New Police Station and the renovation for the EMS building are progressing. . Upcoming meeting with the Parks Department regarding the 33 acre park at Canada Road. . Detention pond at Driftwood and Fairmont Parkway is being converted into a park amenity. Marcon Construction will be the contractor on this development. . Construction of the Value Place Hotel (next door to Taco Bell) is under way. . Plans for hotel at Driftwood and Fairmont Parkway have been discussed. . Concept for possible Hampton Inn to be located between 8th Street and Hwy 146 behind McDonalds. . Possible Hotel to be located in the vicinity of the 1200 Building has been discussed. 11. COMMISSION COMMENTS There were none. 12. ADJOURN The meeting was adjourned at 8:12 p.m. Approved on this /6 p~~ Pat Muston Chairperson, Planning and Zoning Commission day of ,2007. Zoning Ordinance Amendment Notice of Public Hearing to Property Owners Within 200 feet Exhibits A. Staff Report B. Draft Policy C. 200' Radius Map Staff Report February 15,2007 Notice of Public Hearing to Property Owners Within 200 feet Back2round: The issue of the 200-foot mail-out for properties surrounding a proposed rezone was raised by the residents of the adjacent properties during the December 11, 2006, City Council meeting. City Council directed staff to consider a workshop with the Planning and Zoning Commission regarding the notice of public hearing 200' procedure required for notifying property owners of proposed changes of classification or amendments to the Zoning Ordinance. At the January 18, 2007, Planning and Zoning Commission workshop, a presentation was given by Staff to explain the procedures mandated by current State law and City ordinances. Existine: Requirements: In accordance with City Ordinance and State Law 211.007 (c) requirements: Before the 10th day prior to the public hearing date, a written notice of public hearing before the Planning and Zoning Commission or the Zoning Board of Adjustment on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Also included with the notice of public hearing, is a public notice response form, along with a return envelope addressed to the City of La Porte. Analvsis: A general rule is that City Ordinances may be more strict than State Law but not more lenient or in conflict; and all proposed modifications to the procedures as outlined in Chapter 106 (Zoning) must be directed to the Planning and Zoning Commission for a preliminary recommendation before being heard by Council. In the case of a special exception or variance request, the Zoning Board of Adjustment shall have the power to approve or deny any request and their decision may only be challenged in the District Court. Sue:e:ested Requirements: After staffs presentation at the January 18,2007, Planning and Zoning Commission meeting, the Commission considered the requirements for proper Public Hearing notification, keeping the 200' rule intact. Staff suggests the following measures in this regard. Draft policy is attached for review. tiItMf. A Planning & Zoning Commission February 15,2007 Page 2 of2 Conclusion & Recommendation: Several cities in the area have approached this issue by adopting similar measures. Staff recommends approval of the proposed policy (attached). Actions available to the Commission are as follows: . Recommend to Council, approval of the proposed policy pertaining to the posting of public hearing notices on the subject property. . Recommend to Council, approval of a revised version of the above stated. . Recommend to Council, denial of the proposed amendment. . Table this item for further consideration by the Commission. Posting Notice on Property (a) Any person, firm or corporation requesting a zoning change, a special conditional use permit (SCUP), or special exception/variance from the terms of this Chapter (106~ Zoning) shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a change in the classification has been requested. Such sign( s) shall be located as follows: (i) One sign per street frontage shall be located within twenty feet (20') of the abutting street, or as determined by the Planning Director or his/her designee. (ii) So as to be clearly visible and readable from the public right~of~way and not obstructed in any manner. (iii) So as not to create a hazard to traffic on the public rights~of~way abutting the property. (iv) In the case of a variance request, on the subject property at least ten (10) days prior to the hearing of such variance request by the Zoning Board of Adjustment, and to remain continuously on said property until final action by the Board or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a decision by the Zoning Board of Adjustment shall constitute a withdrawal of the request. (v) In the case of a zone change request or a request for a SCUP, on the subject property at least fifteen (15) days prior to the hearing of such zone change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (b) The signs shall be of a size, type, and message content as determined by the City, but shall advise that a special exception or variance, SCUP, or zone change has been requested and shall list the telephone number of the Planning Department for more information. The City is hereby authorized to establish size, type and message requirements for such signs and to distribute such requirements to applicants. (c) Upon making an application for a special exception, variance, SCUP, or zone change, the applicant shall place sign( s) as required by this section. The City shall inspect such sign( s) to ensure compliance as required by this section. (d) In the case of a variance request, after the variance request is approved by the Zoning Board of Adjustment, denied by the Zoning Board of Adjustment, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. (e) In the case of a zone change request or a request for a SCUP, after the zone change request is approved or denied by the City Council or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. (f) In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, the Planning &: Zoning Commission or Zoning Board of Adjustment, shall be notified. '1iI~ ~ (g) The owner or applicant shall promptly notify the Planning Department of any sign required by this section which becomes lost, stolen or vandalized. In the case of a zone change request or a request for a SCUP, the Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. 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"" -~ ...s co N ...0 C> ;104--:> 3702 N ...0 0 If\ = -& If\ N N rn rn C> .,- .,- ~ N N rn N N rn ..> .-> LJ"\ Lf) \fl LJ"\ ...0 ..0 ..0 ..0 ...0 ..0 ...0 ...0 r- r- -8: c:P r- eS r C7' C7' C7' C7' C7' C7' C7' C7' 0' C7' C7' C7' 0:: 9641 C7' 0' C7' 0 3706 % ~ ,..->- 9634 ~ {;:J rn r- .,- ::g 9637 3710 N N rn ~~~ f"J '\,.'\,.'\ r- r- r- 9630 ~ -=--- 0' C7' CJ' P6 'f' f: N DETENTION POND 96<'6 8: 9633 3714 RUSTIC 2'1' DRIVE 230 Vi ~ 3718 N ..0 = ~ ~ !t-\\J 1 ~ N ""' <'<'6 96 ~" 96<'9 N N rn '.9 <'<, r- r- r- 3722 CJ' C7' 0' ~, oh, ~ I ,'_0 .' .... - ..,,~-_.,.~';,.........,.::";, ',': Workshop Treatment Plant Site Land Use Exhibits A. Memo B. Area Map CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.ci.la-oorte.tx.us Phone: (281) 471-5020 / Fax (281) 470-5005 MEMORANDUM FOR RECORD February 9, 2007 TO: Planning and Zoning Commission FROM: Wayne J. Sabo, Director of Planning Re: City's Old Treatment Plant Site along Fairmont Parkway BACKGROUND The City of La Porte is seeking competitive bids on the sale of 4.53 acres of vacant land or 198,300 square feet along Fairmont Parkway, located between Willmont Drive and Big Island Slough. Currently, the property is zoned Medium Density Residential (R-2). In addition, the Land Use Map shows this area to be developing as Mid to High Density Residential uses. The 4.53 acres being legally described as Tract 33, Treatment Plant Site, William M. Jones Survey, Abstract 482, La Porte, Harris County, is appraised at $288,000. Last year, the City did not receive any bid for this property. Potential buyers have plans to develop this property either for commercial use or multi-family ( apartments). FACTS AND CONCLUSIONS >- Surrounding uses are overwhelmingly single-family residential and an Elementary School. >- Utilities are readily available to the property. Drainage/detention system will outfall to adjacent Big Island Slough. >- Another apartment complex (Fairmont Oaks @ Underwood) is approximately 1700 feet away from this site. >- In regards to economic development, commerciallretail remains an important source ofrevenue to the City. ACTION BY THE COMMISSION 1. Discuss the Issue 2. The Commission may elect to: >- Direct Staff to develop a recommendation for rezone >- Direct Staff to allow the current zoning to remain R-2 -' ,..~"",..,.", ..,' '.f;;''''l~'. . !,~..~4J.p c ex: .... z o ::E ..J ..J ~ ~ (/l ~ ~ 'Z ROSEBERRY DR FAIRMONT PKWY I \' i , ! f t i I , '1$ r'" ~, ~ t ,"R" " ~ Legend Q Property Lines Zoning (R-t) Low Density Residential (R-2) Medium Density Residential (R-3) High Density Residential (MH) Manufactured Housing ~ (GC) General Commercial .. (NC) Neighborhood Commercial (PUD) Planned Unit Development (81) Business Industrial (L1) Light Industlial '" (HI) Heavy Industrial ",. (MS) Main Street Distlict (MSO) Main Street District Overlay (LL) Large Lot District [,',1 Battleground (,I Bayport (,I South La Porte --- Drainage Channels TIRZ Raillines C5'CityLimits Disclaimer.- The City oILa POtte makes no representation or.- war.-ranty as to the accuracy of this map and its mfor.-malion nor.-to ds fdness for.- use, Any user.- of this map pr.-oduct accepts the same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use thereof andfuttheragrees to not hold the City of La Patte liable from any damage. loss, or liability arising from any use of the map product Independent verification of all infonnation contained on this map should be obtained by the end user City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 (281) 471-5020 wwwfaportetx.gov La Porte GIS Mapping 1" equals 121 ' e ~B