HomeMy WebLinkAbout03-20-08 Workshop Meeting of the La Porte Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
MINUTES OF MARCH 20, 2008
Members Present:
Pat Muston, Doretta Finch, Dottie Kaminski, Nick Barrera, and Hal Lawler (Alt 1)
Members Absent:
Claude Meharg, Paul Berner, Kirby Linscomb, Jr., and Les Bird (Alt 2)
City Staff Present:
Assistant City Manager, John Joerns; City Planner, Masood Malik; Economic
Development Coordinator, Gretchen Larson; and Planning and Zoning Secretary,
Peggy Lee
1. CALL TO ORDER.
Meeting called to order by Chairperson Muston at 6:00 p.m.
2. CONSIDER VOTE OR OTHER ACTION TO RATIFY EARLIER DECISION OF THE
COMMISSION TO FORWARD LETTER IN SUPPORT FOR HIGHWAY 146 OVERPASS~
Motion by Dottie Kaminski to ratify an earlier decision of the Commission to forward a letter to
Congressman Nick Lampson in support of the Highway 146 Overpass projects. Second by Nick
Barrera. The motion carried.
Ayes:
Nays:
AbstaIn:
Muston, Finch, Kaminski, Barrera, and Lawler
None
None
3. OPEN WORKSHOP
Chairperson Muston opened the workshop at 6:03 p.m.
Chairperson Muston suspended the agenda to allow Mayor Porter an opportunity to share with
the Commission, information contained in a 3-19-08 press release on the City's position regarding
the proposed hotel development at Sylvan Beach. The new hotel would be constructed with
private funds at the same location as the pavilion without interfering with green space.
A. DISCUSS ESTABLISHING A COMMERCIAL RECREATIONAL (CR) ZONING
DISTRICT WITHIN THE CITY OF LA PORTE
Assistant City Manager John Joerns gave a presentation, which provided background
information on past and current plans and concepts that support activities in a
Commercial Recreation (CR) Zoning District. District boundaries, uses and regulations
have not yet been established.
Mr. Joerns reviewed a map showing various waterfront area properties that might be
suitable for inclusion in the CR District.
When asked by Commission Member Nick Barrera about eminent domain, Mr. Joerns
responded there have not been any related discussions on the subject.
Staff will make available all referenced documents and will provide Commission Members
with a copy of the PowerPoint presentation shown at the meeting.
Chairperson Muston allowed citizens to comment during the workshop.
Tom Stringer, 208 E. Main, is concerned about the effects on his Main Street business.
Planning and Zoning Commission
Minutes of March 20, 2008
Page 2 of 3
In response to Mr. Stringer's voiced concern, Commission Member Hal Lawler urged
audience members to be inspired by artist renderings and plans for development in La
Porte and to not be overcome by them.
Ted Powell, 1700 Roscoe, is a member of the National Trust Restoration and
Preservation and is working to restore and preserve his home. Mr. Powell and his wife
are ballroom dancers and are concerned about preservation of historical ballrooms, such
as the Sylvan Beach Pavilion. He has helped to form a group, Partners of the Pavilion,
which has a website. A petition supporting preservation of the pavilion is being
circulated. Mr. Powell suggested a few uses for the pavilion that could possibly be
revenue producers.
Leonard Zlomke, 209 S. Lobit, a long time La Porte resident, has concerns over losing
park space to hotel development.
Pastor Joe with Confrontation Church at 420 W. Main is concerned about zoning effects
on the church.
Ronda Lunsford, with Lunsford Auto Repair, 201 E. Main, is concerned about the Main
Street uses currently under review by the Main Street Advisory Board.
Kathryn Aguilar, 3119 Fondren, has an interest in retaining the historic value of the
Sylvan Beach Pavilion.
Commission Member Kaminski requested there be another workshop held on the
subject.
B. DISCUSS ADDING MAXIMUM HEIGHT LIMITATION FOR COMMERCIAL
DEVELOPMENTS ADJACENT TO RESIDENTIAL ZONING DISTRICTS.
City Planner Masood Malik provided background information on maximum allowable
building heights for commercial developments when located adjacent to residential
zones. Staff recommended that a 45' maximum height rule be reinstated for all future
developments in commercial zoning districts when adjacent to residential zoning districts.
The Commission requested this item be placed on the April agenda for a public hearing.
4. CLOSE WORKSHOP
Chairperson Muston closed the workshop at 7:56 p.m.
5. ADMINISTRATIVE REPORTS
A. MAIN STREET DISTRICT USES & ARCHITECTURAL STANDARDS
Mr. Malik reported the Main Street Advisory Board met to review appropriate uses for the
Main Street District. Architectural Standards are being developed by the Architectural
Review Board to enhance the appearance of the Main Street District.
B. TEXAS AVENUE BEAUTIFICATION PLAN
Mr. Malik provided an update on the Texas Avenue Beautification Plan underway with
services provided by PBK Architects.
Planning and Zoning Commission
Minutes of March 20, 2008
Page 3 of3
Mr. Joerns announced the hiring of the new Planning Director. Tim Tieljens, currently with the
City of Pasadena, will begin work with the City on April 14th.
6. COMMISSION COMMENTS
There was no input from the Commission.
7. ADJOURN
Motion by Doretta Finch to adjourn. Second by Dottie Kaminski. Chairperson Muston adjourned
the meeting at 8:00 p.m.
Submitted by,
Peggy Lee
Secretary, Planning and Zoning Commission
Approved on this
day of
,2008.
Pat Muston
Chairperson, Planning and Zoning Commission
Goodyear Bayport
Partial Replat
Exhibits
A. Staff Report
B. Area Map
C. Plat
Staff Report
April 17, 2008
Goodyear Bayport
Partial Replat
ReQuest:
ReQuested Bv:
ReQuested For:
Location:
Baclmround:
Analvsis :
Approval of a Plat (2 Reserves, 2 Blocks)
Kelley Fairmont, Inc., Owner
c/o Lin Engineering, Inc. (Representative)
19.692 acres ofland located in the Richard Pearsalll/3 League, Abstract No.
625, La Porte, Harris County, Texas.
Bayport Industrial District (La Porte ETJ)
Fairmont Parkway at Bay Area Blvd.
The applicant is replatting a 4.942 acre tract as Restrictive Reserve 'B' and a
Restricted Reserve 'C', a 14.750 acre tract of land out of Goodyear Bayport
2003 as recorded in film code no. 535041 of the Harris County Map
Records, for commercial/industrial use in the Bayport Industrial District.
The property is located within the Extraterritorial Jurisdiction (ETJ) of La
Porte, at the intersection of Bay Area Boulevard and Fairmont Parkway.
The City of La Porte excludes from the terms, conditions and effects of the
La Porte Development Ordinance and all amendments hereto, land
included within the boundaries of any Industrial District or Districts within
the Extraterritorial Jurisdiction of the City of La Porte. Harris County
Public Infrastructure DivisionlEngineering Department, Harris County Flood
Control District (HCFCD), and several other easement holders/agencies will
be reviewing this plat.
In addition, the property will be subject to all the rules and regulations
mentioned in Exhibit 'c' of the Industrial District Agreement, once
approved by City CounciL Special considerations are a dedication to the City
of a 10' wide pedestrian and bicycle easement along company's Fairmont
Parkway boundary, and landscaping easement along Fairmont Parkway.
Once the plat is approved, an Industrial District Agreement (IDA) shall be
presented for consideration of approval by City CounciL
Land Use - The owner/developer plans to develop the tract for commercial/
industrial uses in the Bayport Industrial District.
Building Lines - The plat shows front building setback of 50', recorded in
Volume 5920, Page 165, Harris County Deed Records.
Pipeline Easements - Several pipeline easements within the tracts have
been shown along Fairmont Parkway adjacent to the Pipeline Corridor.
Streets - The facility will have direct access to Fairmont Parkway, a semi-
controlled access highway with 250' wide right-of-way. A driveway is also
proposed along Bay Area Boulevard.
EXHIBIT A
Goodyear
4/17/08 - P & Z Meeting
Page 2 of2
Conclusion!
Recommendation:
Utilities - City policies, with City Council approval on case by case basis,
offer limited water and wastewater service for usual domestic
consumption and other limited uses. This is one of the provisions of the
water/sewer service agreement. A 12" water line and 21" sanitary sewer
main are located along the north side of Fairmont Parkway. If approved by
City Council, service will be provided per City policy on water and sewer
services outside of the City limits in the Industrial Districts.
Storm Water/Drainage System - Company shall provide a storm water
management plan approved by Harris County Flood Control District
(HCFCD) and the City of La Porte. The owner/developer shall construct and
maintain storm water system as a condition of Exhibit 'A' to the water/sewer
service agreement. On-site detention area is proposed for this project.
Landscape/Screening - A 50' wide landscaping easement and screening
setback per City of La Porte Industrial District Agreement, is located
along the south side of Fairmont Parkway adjacent to an existing Pipeline
Easement with natural vegetation. As per Industrial District Agreement,
existing trees together with other vegetation and underbrush will provide a
thorough and effective visual screening of the development. However,
there is no existing vegetation in place for these tracts. Therefore,
additional landscaping and screening mechanisms shall be required.
Exhibit 'C' of the Industrial District Agreement requires City approval of
a landscaping/screening plan.
Pedestrian & Bicycle Trail Easement - Exhibit 'c' to the Industrial
District Agreement requires a 10' wide pedestrian easement, outside of the
pipeline easements, shall be dedicated to the City of La Porte by plat for
the entire length of this area along Fairmont Parkway for the development
of a hike and bike trail. The plat shows 10' wide City of La Porte hike and
bike trail easement south of Pipeline Easements within 50' landscaping
easement. All planting and landscaping will be maintained by the property
owner or developer.
Staff recommends support of this development with the understanding that
water and sewer services may be obtained with City Council approval of
water/sewer service agreement. If the Planning and Zoning Commission
wishes to approve the plat, staff suggests the following provisions as a
minimum be considered:
. Approval of Industrial District Agreement (IDA) and water/sewer
service agreement shall be required by City Council.
. Landscaping/screening shall be required along Fairmont Parkway. The
landscape plan shall include type, size, and number of trees, shrubs, or
other plants.
. Add a note on the plat that detention/drainage system maintenance
shall be responsibility of the owner/developer.
. Development shall conform to Exhibit 'c' of Industrial District
Agreement and Exhibit 'A' of the water/sewer service agreement.
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ESIoIT. EASEMENT
F.C. No. FILIoI CODE NUMBER
H.C.C.F. HARRIS COUNlY CURK'S FILE NI
H.CJIA HARRIS COlJIlTY IIAP RECORDS
R.o.W. RlClHT Of' WAY
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01' llOOD'lENl llA.'!PORT 2OD3, A SUBDIVISION RECORDED IN F1l.M CCOE
01' THE HARRIS COUNTY IIAP RECORDS (H.C.M.R.). LOCA1ED IN THE RlC
A.BS1RACT 825. HARRIS COUNTY. 1ElCAS.
BEGINNING: At 0 found SIB-Inch Iran rod ot 1M In_lion of tho 0
2>>-foot publla rlght-of'-way CIllI the _ Uno of Boy Area Boule-.:
right-of-way. tho nor1llooct a<<n.. of the heroin _ traot;
THENCE: _I the weot IIn. of Boy Area Boul.-.I, South 01 dot 00
of 4BI,oo fool to a oot SIB-inch Iran rod with cop (UN 2414), the a
_y northeoet com.. of Unreotrlotod R...... 'A'. Block 1 of Good
eouthooet corn.. of the _ doecr1bod traat:
THENCE: DeportInI Boy _ Boule-.!, South 88 dOl 51 mln 15 00.
foot to 0 oot SIB-Inch Iron rod with cop (UN ~414). th. common co
::':Un_ R...... 'A' COld th. moot _oriyeouth_ com........
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the mo. weMett)' ....th.eat r:om.. of the herein desc:rlbed tract;
THENCE: North 01 dog 00 mill 4S _ Wool, a _oe of 308.24 fee
with aop (UN 2414) In tho eouth line of Falrmont Park_ th. comm
northwl)' nartheG8t comer of aald Unreltr1cted Reeerw . A- and the n.
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01' THE HARRIS COUNTY IIAP RECORDS (H.C.M.R.), LOCAlED IN THE III
A.BS1RACT 625, HARRIS COUNTY. 'lEXA.S.
COIIIIENGlNG: At a found 5/8-1nch I"", rod ot tho Into_on of th
Porkway. 2SO-foot publlo rltht-of-woy COld the wool lIno of Boy Are<
rltht-of-way. th. n_ _ of _ Reoerw '8". Block 1
200a.
!to preoIdent. th.......to outhorlzod. otteotod
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ton.. RotlJonal Dtrootor of FR/llAL 1N1ERPllRT. LLC, known to me to be tho p...... wh... name 10
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GOOD~ 8A~T 2003
PAR1IAL REPLAT
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MARCH 2Oll8 SCALE: ,. - ,00'
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DIlINIIJt LIl ......... INC.
REASONS FaR REPLAll 10 ADD PEDES1IIAN II lICE EASDENT
INJ LANDl!IeAPE EASDIENT
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Fairmont Parkway Business Park
Subdivision Plat
Exhibits
A. Staff Report
B. Area Map
C. Plat
Staff Report
April!7, 2008
Fairmont Parkway Business Park
ReQuest:
ReQuested Bv:
ReQuested For:
Location:
Back2round:
Analvsis:
Approval of a Plat (2 Reserves, 1 Block)
NDI Fairmont Parkway Partners, Ltd., Owner
c/o Lin Engineering, Inc. (Representative)
49.366 acres of land located in the William M. Jones Survey, Abstract No.
482, La Porte, Harris County, Texas.
Bayport Industrial District (La Porte ETJ)
Fairmont Parkway and Farrington Boulevard
The applicant is platting a 49.366 acres (2,150,401 sq.ft.) of land into two
reserves. Reserve ' A' 45.559 acres, restricted for commercial!industrial
purposes and Reserve 'B' a 3.807 acre tract ofland restricted for a detention
pond to the south of the property in the Bayport Industrial District. The
property is located within the Extraterritorial Jurisdiction (ETJ) of La Porte,
near the intersection of Farrington Boulevard and Fairmont Parkway.
The City of La Porte excludes from the terms, conditions and effects of the
La Porte Development Ordinance and all amendments hereto, land
included within the boundaries of any Industrial District or Districts within
the Extraterritorial Jurisdiction of the City of La Porte. Harris County
Public Infrastructure DivisionlEngineering Department, Harris County Flood
Control District (HCFCD), and several other easement holders/agencies will
be reviewing this plat.
In addition, the property will be subject to all the rules and regulations
mentioned in Exhibit 'c' of the Industrial District Agreement, once
approved by City Council. Special considerations are a dedication to the City
of a 10' wide pedestrian and bicycle easement along company's Fairmont
Parkway boundary, and landscaping easement along Fairmont Parkway.
Once the plat is approved, an Industrial District Agreement (IDA) shall be
presented for consideration of approval by City Council.
Land Use - The owner/developer plans to develop the tract for commercial!
industrial uses in the Bayport Industrial District.
Building Lines - The plat shows front building setback of 50', recorded in
Volume 5920, Page 165, Harris County Deed Records.
Pipeline Easements - Several pipeline easements within the tracts have
been shown along Fairmont Parkway adjacent to the Pipeline Corridor. A
16' wide utility easement is shown along sides and adjacent to detention
reserve to the rear. A 100' wide Exxon Pipeline Corridor is located to the
east and 230' wide Harris County Flood Control right-of-way is to the
west ofthe subject property.
EXHIBIT A,
Fairmont Pkwy. Bus. Park
4/1 7/08 - P & Z Meeting
Page 2 of2
Conclusion/
Recommendation:
Streets - The facility will have direct access to Fairmont Parkway, a semi-
controlled access highway with 250' wide right-of-way.
Utilities - City policies, with City Council approval on case by case basis,
offer limited water and wastewater service for usual domestic
consumption and other limited uses. This is one of the provisions of the
water/sewer service agreement. A 12" water line and 21" sanitary sewer
main are located along the north side of Fairmont Parkway. If approved by
City Council, service will be provided per City policy on water and sewer
services outside of the City limits in the Industrial Districts.
Storm WaterlDrainage System - Company shall provide a storm water
management plan approved by Harris County Flood Control District
(HCFCD) and the City of La Porte. The owner/developer shall construct and
maintain storm water system as a condition of Exhibit' A' to the water/sewer
service agreement. On-site detention area is proposed for this project, which
shall be maintained by the owner/developer.
Landscape/Screening - A 50' wide landscaping easement and screening
setback per City of La Porte Industrial District Agreement is located along
the south side of Fairmont Parkway adjacent to existing Pipeline Easement
with natural vegetation. However, there is minimal existing vegetation in
place for this tract. Therefore, additional landscaping and screening
mechanisms shall be required. Exhibit 'C' of the Industrial District
Agreement requires City approval of a landscaping/screening plan.
Pedestrian & Bicycle Trail Easement - Exhibit 'c' to the industrial
district agreement requires a 10' wide pedestrian easement, outside of the
pipeline easements, shall be dedicated to the City of La Porte by plat for
the entire length of this area along Fairmont Parkway for the development
of a hike and bike trail. The plat shows 10' wide City of La Porte hike and
bike trail easement south of Pipeline Easements within 50' landscaping
easement. All planting and landscaping with irrigation shall be maintained
by the property owner or developer.
Staff recommends support of this development with the understanding that
water and sewer services may be obtained with City Council approval of
water/sewer service agreement. If the Planning and Zoning Commission
wishes to approve the plat, staff suggests the following provisions as a
minimum be considered:
. Approval of Industrial District Agreement (IDA) and water/sewer
service agreement shall be required by City Council.
. Landscaping/screening shall be required along Fairmont Parkway. The
landscape plan shall include type, size, and number of trees, shrubs, or
other plants.
. Add a note on the plat that detention/drainage system maintenance
shall be responsibility of the owner/developer.
. Development shall conform to Exhibit 'C' of Industrial District
Agreement and Exhibit 'A' of the water/sewer service agreement.
_.c"'.-DJ.=._~.~,_"",..~"l!'... w.
FAIRMONT PARKWAY
BUSINESS PARK
f'tlifLr,'
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Special Conditional Use Permit
#SCU08-001
Exhibits
A. Commission's Action Request
B. Area Map
C. Staff Report
D. Draft SCUP
E. Site Plan
F. Public Notice Responses
Special Conditional Use Permit #SCU08-001
Planning and Zoning Commission
April 17 , 2008
Location of Proposed Development 200 Block of West Polk Street
Legal Description Approximately 2.29 acre tract of land described as
lots 1-32, Block 686, Town of La Porte, Johnson
Hunter Survey, Abstract 35, La Porte, Harris
County, Texas.
Applicant Lindsav Pfeiffer C/o Pfeiffer & Son, Ltd.
Present Zoning Light Industrial (LD
Acreage 2.29 acre
Surrounding Zoning North Light Industrial (LI)
East Light Industrial (LI)
South Light Industrial (LI)
West Li!!ht Industrial (LI)
Land Use Map CommerciallIndustrial
Activitv Proposed Off-site Parkin!!
Summary:
. The applicant is requesting a special conditional use permit for a proposed development of off-site parking
for Pfeiffer & Son, Ltd. at 116 North 16th Street.
. Per Section 106-441 of the Code of Ordinances, off-site parking is classified as a Conditional Use.
. The business has grown tremendously over the past years.
. There is not enough space at the primary facility to accommodate on-site parking. In addition, there is no
other reasonable site available nearby this facility.
. Off-site parking will serve as auxiliary parking and will help to alleviate parking problems associated with
this development.
. Parking lot will be constructed with asphalt and 6' chain link fence to be erected at the perimeter
boundary of the subject tract.
. Landscaping shall be maintained by the owner/developer.
. Traffic impact should be minimal with public services unaffected.
Recommendation:
Staff recommends approval of Special Conditional Use Permit #SCU08-001
with following Conditions:
. This Special Conditional Use Permit is specifically for off-site parking.
. Off-site parking shall comply with all parking standards.
. The drainage study for Little Cedar Bayou (F-216) may require additional right-of-way acquisition adjacent to
North 13th Street. Need for future right-of-way for Little Cedar Bayou shall be noted on the plan.
. Provide additional landscaping and show legend with type, number and size of plants/trees proposed at site.
. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-444(a) of the
Code of Ordinances. Screening plan shall be approved by the City.
. Property line fence shall not be erected within the required landscaped portion of any yard or the front
yard setback per Section 106-797 of the Code of Ordinances.
. If proposed in future, all lighting in the parking lot shall be hooded and arranged to deflect light away
from the adjoining properties in compliance with Section 106-52 I (a) of the Code of Ordinances.
. The Developer shall comply with all applicable laws and ordinances ofthe City and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP.
. Recommend to Council denial of this SCUP.
. Table this item for further consideration by the Commission.
EXHIBIT A
EXHIBIT 9
Staff Report
Aprill7, 2008
ReQuest:
ReQuested Bv:
ReQuested For:
Present Zonine::
ReQuested Use:
Baclmround:
Analvsis:
Off-Site Parking
Special Conditional Use Permit #SCU08-00l
Consideration of Special Conditional Use Permit #SCU08-00 1
Pfeiffer & Son, Ltd. c/o H. Carlos Smith, P.E.
Approximately 2.29 acre tract of land described as Lots 1-32, Block 686,
Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris
County, Texas. The primary facility is located at 116 N. 16th Street.
Light Industrial (Ll)
The applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of allowing construction of an off-site parking lot for use by Pfeiffer
& Son, Ltd. Off-site parking is classified as a conditional use in the Code of
Ordinance.
Pfeiffer and Son, Ltd. has been in business in La Porte since 1962. The
nature of business pertains to fiber optics and telecommunications, signal
construction, general construction, electrical and telecommunication
services, and supplying to the area industries. Over the past years, the
number of employees increased with the tremendous growth of business.
There are numerous times when private vehicles are parked in front of the
existing facility along the shoulders ofN. 16th Street and West Polk Street
within the public right-of-way.
Off-site parking will serve as auxiliary parking and will help to alleviate
parking problems associated with this development.
The Code of Ordinance Section 106-217 establishes the following review
criteria and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each district, have
been met by the applicant.
. That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
The tract intended for a parking area is across the street from the primary
facility and adjacent to existing parking lot. In addition, the plan shows the
northern portion of this parking lot to be served as a lay down yard.
txHIBIT ~
Off-site Parking
SCU08-001
Page 2 of3
Section 106-444, Special Use Performance Standards for off-site parking
addresses the following issues:
. Such off-site parking shall comply with all parking standards stated in
the Code of Ordinances and the Public Improvement Criteria Manual of
the City.
. Reasonable access from an off-site parking facility to the use served shall
be provided.
. Parking should have good access to secondary and primary streets.
Land Use - The City's Land Use map shows this area is intended to be
developed as industrial uses.
Drainage - The location of the subject tract on the FEMA Flood Map lies
within zone "AE" and floodway. The property is also within the Little Cedar
Bayou (F2l6) Watershed. Drainage/detention plan shows outfall to the road
side ditch along West Polk Street and outfalling to adjacent Little Cedar
Bayou. The drainage study for Little Cedar Bayou (F-216) may require
additional right-of-way acquisition adjacent to North 13th Street. At this
time, the width is being researched and staff will contact the developer on
the subj ect matter.
Access - The subject tract is along West Polk Street, a 60' wide public
right-of-way. Proposed parking lot will have shared access through
existing driveway along West Polk Street.
Utilities - Public utilities are not proposed at this time. However, the
location of the nearest fire hydrant needs to be shown on the plan.
Landscaping/Screening - Additional landscaping and screening in
compliaricewith Section 106~444(a) of the Code of Ordinances-shall be
required.
Proposed parking lot shall be constructed with hot mix asphalt pavement and
6' high chain link fence around the perimeter boundary of the subject tract.
In addition, the northern area will be used as a lay down yard or equipment
storage, which needs to be screened from the public right-of-way. Required
landscaping must be maintained by the property owner and/or developer. If
the special conditional use permit is approved by the City, the applicant shall
proceed with a certified site plan for development of the parking lot. A
building permit from the City shall be applicable for the proposed
development.
This site and the proposed use meet the criteria to satisfy applicable
ordinance requirements. This facility and the proposed use are compatible
with the surrounding properties and should not be injurious to the use,
enjoyment or value of surrounding properties
Off-site Parking
SCU08-00 1
Page 3 of3
Conclusion!
Recommendations:
Staff recommends approval of Special Conditional Use Permit #SCU08-00l
with the following conditions:
. This Special Conditional Use Permit is specifically for off-site parking.
. Off-site parking shall comply with all parking standards.
. The drainage study for Little Cedar Bayou (F-2l6) may require
additional right-of-way acquisition adjacent to North 13th Street. Need
for future right-of-way for Little Cedar Bayou shall be noted on the
plan.
. Provide additional landscaping and show legend with type, number and
size of plants/trees proposed at site.
. Screening and/or landscaping of parking lot shall be required in
accordance with Section l06-444(a) of the Code of Ordinances.
Screening plan shall be approved by the City.
. Property line fence shall not be erected within the required landscaped
portion of any yard or the front yard setback per Section l06-797 of
the Code of Ordinances.
. If proposed in future, all lighting in the parking lot shall be hooded and
arranged to deflect light away from the adjoining properties in
compliance with Section l06-52l(a) of the Code of Ordinances.
. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP.
. Recommend to Council denial of this SCUP.
-.--'Fable-this item for-further consideration-b~the. Commission.
City of La Porte
Special Conditional Use Permit # SCU 08-001
This permit is issued to:
Lindsav Pfeiffer
Owner or Agent
116 North 16th Street. La Porte TX 77571
Address
For Development of:
Parkinq Lot (Off-site)
Development Name
200 Block of West Polk Street. La Porte
Address
Legal Description:
Lots 1-32. Block 686. Town of La Porte, Johnson Hunter Survey.
Abstract No. 35. La Porte. Harris County. Texas.
Zoning:
Liqht Industrial (LI)
Use:
Parkinq Lot/lavdown yard
Permit Conditions:
1. This Special Conditional Use Permit is specifically for off-site parking.
2. Off-site parking shall comply with all parking standards.
3. The drainage study for Little Cedar Bayou (F-216) may require additional right-of-way
acquisition adjacent to North 13th Street. Need for future right-of-way for Little Cedar Bayou
shall be noted on the plan.
4. Provide additional landscaping and show legend with type, number and size of plants/trees
proposed at site.
5. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-
444(a) of the Code of Ordinances. Screening plan shall be approved by the City.
6. Property line fence shall not be erected within the required landscaped portion of any yard or
the front yard setback per Section 106-797 of the Code of Ordinances
7. If proposed in future, all lighting in the parking lot shall be hooded and arranged to deflect light
away from the adjoining properties in compliance with Section 106-521 (a) of the Code of
Ordinances.
--m-mK-ThemlJevelopershall comply~with- all applicable laws- andorcli nances. of-tl"1e-Cityand.lbe-State.oL
Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
City Secretary
Director of Planning
EXH1P'T 0
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
I[D) fE @ fE D I!l fE rnJ
'!JU APR 082008 JJ
By
==
April 17 , 2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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Address
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City, State, Zip
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A Meeting of the La Porte
Scheduled for
Planning & Zo~ Commission
(Type of Meeting)
Aprill?,2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the rollowing reasons:
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Name (please print) ,
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t:l Signature
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Address
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City, State, Zip
EXHISfl F'
Zoning Ordinance Amendment
Maximum Height
Exhibits
A. Staff Report
B. Draft Ordinance
Staff Report
April!7, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Backe:round:
The Planning and Zoning Commission has asked staff to discuss the possibility of adding
height restrictions for commercial uses of properties which abut residential
neighborhoods. This was precipitated by the recent discussion of rezoning tracts or
parcels of land from General Commercial (GC) to Neighborhood Commercial (NC)
along Fairmont Parkway, at the Commission's workshop meeting on January 17,2008.
The concerns over the location of the hotel under construction along Fairmont Parkway at
Driftwood prompted the Planning and Zoning Commission and Staff to review the
ordinance requirements pertaining to hotels/motels located in General Commercial (GC)
zoning districts when adjacent to residential zones. City Council, at the July 23, 2007,
meeting, approved an ordinance amending the Code of Ordinances of the City of La
Porte, Section 106-441, Table A, Commercial Uses, by making Hotels and Motels
located within General Commercial zoning districts a "Conditional Use" when adjacent
to residential zoned districts.
Several years back, City Council directed the Planning and Zoning Commission to
consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-333;
Table B., Residential Area Requirements, Section 106-443; Table B., Commercial Area
Requirements and Section 106-522; Table B., Industrial Area Requirements to amend,
change or modify the maximum allowable height for structures within those zones. Staff
presented this item to the Planning and Zoning Commission for their discussion and
__ ___n_~-v-@l3.t\lal-r€GQmmendations-to_Cit~Council for the changes to the Code of Ordinances
relating to maximum allowabie heights for structures. - - -----
The Planning and Zoning Commission, at the November 18,2004, meeting, forwarded
their official position that the maximum height of 45' remain intact. City Council, at the
February 28,2005, meeting, with a super majority vote, approved an ordinance to remove
the maximum height of 45' from commercial and industrial development requirements.
Existine: Requirements:
Zoning - Under the Sections listed above, the maximum allowable height
for structures are:
Residential
. Single Family detached---
. Single Family large Lot---
35 feet
45 feet
EXHiBIT A
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 2 of 4
. Single Family Special Lot- 35 feet
. Duplexes--------------------- 45 feet
. Single Family Converted-- 35 feet
. T ownhomes/Quads--------- 45 feet
. rviultifamily------------------ 45 feet
. rvianufactured Housing ---- 25 feet
CommerciallIndustrial
. Neighborhood Commercial-------N/A
. General Commercial---------------N/A
. Business Industrial-----------------NI A
. Light Industrial--------------------- NI A
. Heavy Industrial--------------------NI A
NOTE: Shipping Containers are governed by a separate ordinance
which establishes the maximum stacking to be four (4) containers
regardless of height.
Analvsis:
Definition:
. The vertical distance of a building measured from the average elevation of the
finished grade within twenty feet of the structure to the highest point of the roof.
or
. An average between the peak of the roof and the base of the roof.
Buildin~ghts usually exclude penthouses containing mechanical equipment such as
---~-----aii Coooltlonmg or elevatorequipmenranU=Cl:TIiIcrr-splres,water-t0wer-s,maie--anrenna:s:;=----___
etc. The provision for measuring the finished lot grade within 20 feet of the structure is to
prevent the deliberately building up of a portion of the site on which the building will sit
in order to permit an additional story to be constructed.
The La Porte Fire Department has equipment that can reach up to 100' in elevation. A
rule of thumb used by the fire department when employing this equipment is 7 stories or
70 feet (10 feet per story) given that positioning of the equipment when fighting a fire
will not be ideal. Fire protection regulations for this situation mandated a total sprinkler
system including the attic. All similar buildings attaining this height would require this
protection. Coordination with the fire department shows that as long as the building has a
sprinkler system, this reduces their concern. In addition, Surveys of surrounding cities
shows that a majority do not regulate a maximum height.
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 3 of4
Case Study#l
Holiday Inn Express - in operation
.
Location - 401 West G Street and South 8th Street adjacent to the Best Western along
State Highway 146.
.
Zoning - General Commercial (GC) surrounding zoning general commercial and
adjacent to commercial uses.
.
Room/story - 61 rooms & 4-story
.
Height - the peak of 60' -61/4" and a base of 41 ' -11 " for an average of about 51 feet;
six feet over the allowed height.
Case Study#2
Quality Inn - under construction
. Location - 11003 Fairmont Parkway at Driftwood Drive
. Zoning - General Commercial (GC) adjacent to Fairmont Park East Subdivision
(single-family residential)
. Room/story - 85 rooms & 3-story
. Height - the peak of 46' and a base of 41 'for an average of about 43'-5"; below the
45' maximum height.
The exact reason for establishing the maximum height for buildings within theL:itY-at 4:5--- - -~-----
feet is not known. Discussion of fire protection and the general blocking of view were
offered as possible reasons. Given the economic challenges to development posed by in-
fill lots and the reduced dimensions of available land, commercial developers are
beginning to seek relief from the height requirement to make their project more
economically feasible. Adding additional stories to buildings compensates for the
reduction of footprints at the base of the building to allow room for required parking,
landscaping and maneuvering isles. Viewing economic development as a priority, the
Planning and Zoning Commission is requesting a review of the issue.
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 4 of 4
Recommended Reauirements:
. Since family/residential structures are habitually not sprinklered, Staff, at this
point, recommends residential use requirements as currently presented in the
Code of Ordinances regarding maximum allowable heights remain intact.
. Commercial/Industrial maximum height requirements are not applicable.
. Maximum height restrictions of 45'or whichever appropriate shall be reinstated
for commercial developments when adjacent to residential zoning districts.
Conclusions:
The footprint of remaining land in the commercial and industrial zones of the City, due to
shape and size, is becoming more restrictive to development. Economic development is
one of the highest priorities. The factors promoting economic development, however,
must be balanced with factors of 'safe' development.
Given that the LPFD has no issues with maximum heights of building (with building and
fIre codes remaining current and updates approved); and since the Fire Code and the
International Building Codes are both restrictive on the heights of buildings in light of
other considerations on a case-by-case basis, the City Staff feels that it is in the best
interests of the City of La Porte to retain the stated height restrictions for residential and
no height restrictions for commerciaVindustrial properties. In addition, the maximum
height restriction of 45 feet, for commercial developments, when adjacent to residential
zoning districts, may be reinstated. Staff believes that this measure represents an
equitable balance between economics, safety, and welfare of the community.
_ __Adions--av-ail~ble_to_the_CQmmission are as follows:
· Recommend to Council approval for proposed amendment to the Zoning
Ordinance pertaining to the maximum height restrictions for commercial
developments adjacent to residential zoning districts as stated above.
. Recommend to Council approval of a revised version of the above.
. Recommend to Council denial for the above amendment.
. Table this item for further consideration by the Commission.
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses Minimum Maximum Minimum Adjacent to Maximum Bldg.
Landscaping Lot Yard Residential Height Design
Required 5 Coverage Setbacks Minimum (feet), 9 Standards
F.R.S. 1,3,4 Yard 8
,6,7 Setback
F.R. S. 2,6
R-3 uses (permitted)
except Single-family,
detached and Special 6% Density Intensity Regulations Specified in Table B, residential area
lot, duplexes, requirements, section 106-333
quadruplexes,
townhouses, and
multifumily
CR COImIl. Recreation
Dist.;
All permitted or
conditional
NC Neighborhood 6% 50% 20-1O"{} 20-10-10 N/ A see
Connn.; all Permitted or footnote 9
conditional
GC General COImIl.; all 6% 40% 20-10-0 20-20-10 N/A see lOoolo
pennitted or conditional footnote 9 MasonryS
Outside sales or services N/A N/A 5-5-5 Same As N/A
Principle use
Outside Storage N/A N/A 20-10-5 Same As See Section
Principle use 106-444 (b)
Freestanding on
premises signs See article vn of this chapter
Freestanding on
premises signs See article vn of this chapter
located in controlled
- =access--------~-=-- ----= -~ .. ---------_._._---_.__.~- --..----------...-------- .______u___ -----
---- - _.._---.-..- ----------------- ---------._--. ---- -. __u._._.__
highway corridor
Main Street 6% 60% *-20-5 *..{}..{} TBD
Main Street Overlay N/A 80% 0-20"{} N/A TBD
cm 06:62
EXHIBIT
- B
(b) Footnotes to Table B.
1. A minimum landscape setback of 20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, loading docks, outside
storage, and refuse containers will not be allowed in such setback areas. These
areas are to be landscaped with trees, shrubs, and groundcover, with a planting
plan required to be submitted and approved by the enforcing officer. Required
landscaping must be maintained by the property owner and! or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum often feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
5. See article V, division 4 ofthis chapter for additional requirements.
6. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a
level between three feet and six feet as measured above adjacent road grade.
7. Within the Main Street District the front yard is the average of the existing
structures on that side of the street or the setback of the closest structure on an
adjacent lot. This applies to the primary structure only. Any accessory buildings
must be a minimum of six feet from the main structure, but may be zero feet from
any lot lines. Within the Main Street District and Overlay, maximum height is yet
to be determined.
8.
a)
Minimum exterior wall standards shall be one hundred percent (100%)
masonry or glass. Front and side walls, which may be seen from any
public thoroughfare, excluding doors, windows, and window walls, shall
be constructed of brick, stone, masonry, or pre-cast concrete panels.
b.) Existing buildings shall also conform to this requirement upon expansion
~~===-~===-=--====--====-.. --=ef=ev{!'f~n~hird:f1i-3)=g:f-an=.ar.ea;:of.:::impro:v.ementl.dev.elopment--====-==~===-=-...:::...=~=
c.) In case of structural damage to the front of the building due to fire, flood,
or other reasons, and the cost of redevelopment is in excess of 50% of the
value, the structure shall conform to the above requirements.
The above provisions shall apply to all new developments and buildings
located along the following thoroughfares, roadways, and collector streets:
State Highway 146; State Highway 225; Fairmont Parkway; West Main
Street; Barbour's Cut Boulevard; South and North Broadway Streets (Old
Highway 146); Underwood Road; Bay Area Boulevard; Sens Road;
Canada Road; and East Main Street.
106:62.1
The following are exempt from the above requirements, unless required by the
adopted building codes.
i) Any pre-existing building that contains a single business or
multiple businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses
on a single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise businesses with an established theme.
9. Maximum allowable height for structures within commercial zoning districts
adjacent to residential zoning districts is ---- feet.
(Ord. No. 1501-X, ~ 5, 12-16-96; Ord. No. 1501-H, ~ 7, 10-14-02)
See. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and shall
be of sufficient width and density to provide an effective screen. The planting
strip shall contain no structures or other use. Such planting strip shall not be less
than six feet in height. Earth mounding or berms may be used, but shall not be
used to achieve more than two feet of the required screen.
ZONING
~ 106-444
(2)
Standards.
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Size of plants: Minimal height off our feet at time of planting. Must reach
a height of six feet within two years.
d. Planting density: Such that within two years of normal growth, a solid
screen will be formed to a height of at least six feet above adjacent grade.
e. Required landscaping: Required landscaping must be maintained by the
property owner and/or occupant.
106:62.2
Review of Zoning Ordinance
Off-Premises Signs
Exhibits
A. Staff Report
B. Area Map
C. Application
-
----------------------.--.-..-----
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fairmont Parkway, La Porte, TX 77571
www.cLla-porte.tx.u5
Phone: (281) 471-5020 / Fax (281) 842-1868
MEMORANDUM FOR RECORD
April 08, 2008
TO: Planning and Zoning Commission
FROM: Masood Malik, City Planner
Re: Proposed Amendment to Chapter 106, Section 106-875, Off-Premises Signs
The Zoning Board of Adjustment, at the meeting on February 28, 2008, requested that the
Commission/Council review the Section of the Ordinances pertaining to off-premises signs.
BACKGROUND
Attached is the staff report and supporting documents for Appeal of the Enforcement
Officer's Decision #A08-001 that were presented to the Zoning Board of Adjustment (ZBOA)
on February 28, 2008. This appeal was submitted by SignAd, Ltd. for denial of a permit to
erect an off-premises advertising sign within 1,000 ft. of an existing sign along West Main
Street (Spencer Highway). The proposed site is located at 1911 W. Main Street near overpass
and turn around adjacent to the Union Pacific Railroad (UPRR). Section 106-875 (h) of the
Ordinances states:
~ All off-premises freestanding advertising signs shall be spaced in intervals of not less
than 1,000 feet.
.--.Ih~_~QPlicant stated that th~~gn is locatc~~css of 1,000 feet fro~ f!l~~tl.l"es!__.
sign on the same roadway. While, staff noticed an existing sign is located within 500 feet on
the same roadway to the north of Spencer Highway. The City's decision and interpretation of
the above section is 1,000 feet radius circle, not linear feet or along the same side ofthe road.
Based on the facts and consideration presented at the meeting, the Board with the vote being
4 in favor and 1 opposed upheld the Enforcement Officer's Decision to deny the permit for
proposed advertising sign. Currently, the case is in District Court.
ACTION BY THE COMMISSION
1. Consider Public Hearing by next meeting
2. Discuss the Issue
3. The Commission may elect to:
~ Direct Staff to develop a recommendation by next meeting
~ Make a Recommendation to City Council after public hearing
Staff Report
February 28, 2008
Appeal of Enforcement Officer's Decision #A08-001
Applicant: SignAd, Ltd. on behalf of Gus Brieden, Property Owner
Location: 1911 W. Main Street (Spencer Highway)
Leeal description: Lots 5-9, 11-28, and TRS 4, 10, & 29, Block 727, Town of La Porte, Johnson Hunter
Survey, Abstract No. 35, La Porte, Harris County, Texas.
Present zonine: Business Industrial (BI) & Light Industrial (LI)
Land Use Map: Commercial and Industrial
Back2:round:
The law firm of Rothfelder & Falick, L.L.P. represents the applicant for denial of its
application to erect an off-premises freestanding advertising sign at 1911 West Main
Street (Spencer Highway) near overpass and turn around adjacent to the Union Pacific
Railroad (UPRR). In connection with the September 20, 2007 denial of sign permit by the
City, the applicant's appeal to the Zoning Board of Adjustment (ZBOA) was received on
November 30, 2007. Section 106-89 of the City of La Porte Code of Ordinances
provides that appeals from the adverse decisions of the Enforcement Officer shall be
taken within thirty (30) days, as provided by the rules of procedure of the Zoning Board
of Adjustment. Therefore, the application was not processed as it failed to satisfy the 30
days appeal deadline. The applicant was informed of the decision by December 5, 2007,
(copy attached).
Recently, the applicant applied for a similar permit again. This appeal is in connection
with the current sign permit request denied on January 9,2008. The City denied SignAd's
application based on inadequate plans, information, and not in compliance with the sign
ordinance. In addition, there is another advertising sign located approximately 500 feet
. -----rrom--tl1e proposea-site:-r\s-perSection--W60087-5-{h}-ef-the-G0Ele-of-Gr.ffinan~aJl-l#---
premises freestanding advertising signs shall be spaced at intervals of not less than 1,000
feet " (copy attached).
The issue being considered deals with an off-premises advertising sign (billboard). In the
City's zoning regulations, a sign is defined as "meaning any word, number, figure, device,
design or trademark by which anything is made known, as used to designate an individual,
firm, profession, business or a commodity which is visible from any public street.
In addition, there is inadequate information about the type and design of such sign and the
location of the proposed advertising sign (billboard) conflicts with current City sign
regulations. Under zoning regulations, Section 106-875(h) of the City's Code of Ordinances
read as follows: "all off-premises free standing advertising signs shall be spaced at interval
of not less than 1,000 feet. "
E\l :~I \ ~) 11 3
/\.lttLJI~ ,~
Board of Adjustment
2/28/08 - #A 08-001
Page 2 of 4
Analvsis:
Here, the placement of off-premises sign conflicts with the distance required by the
ordinance. Staff used the procedures mandated by City Ordinances, the sign in question is
located within 1,000 feet from the nearest sign in the vicinity or 1,000 ft. radius. This has
been the City's standard rule of measuring or spacing requirement.
As in the case of mail out for a public hearing before the Board/Commission, current City
Ordinance and State Law 211.007 (c) requires prior to the hearing date, a written notice
of public hearing before the Board/Commission on a proposed change shall be sent to
each owner in the surrounding area, 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 applicant's grounds for request, as the proposed sign is located in excess of 1,000
feet from the nearest sign on the same roadway, is not consistent with the ordinance, or
prior interpretation. There is a sign within 500 feet on the same roadway to the north side
of Spencer Highway. The City's decision and interpretation of the said section is the
1,000 feet radius circle, not linear feet nor along the same side of the road. Several cities
(Baytown, League City, etc.) have a similar approach, measuring and spacing mechanism
and have adopted same procedures for mandating an off-premises signs.
In describing the action of appeal, the Code of Ordinances states: In exercising the powers
set forth in Section 106-88, the Board of Adjustment may, in coriformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or may modifY the order, requirement,
decision, or determination as ought to be made, and to that end shall have all the powers of
the enforcement officer from whom the appeal is taken. The Board must find the following
in order to grant an appeal:
a) That there is a reasonable difference of interpretation as to the specific intent of the zoning
regulations or zoning map, provided the interpretation of the enforcement officer is a
reasonable presumption and the zoning ordinance is unreasonable.
Current regulations are written in a clear manner which allows the enforcement officer to
understand the intent of City Council as it relates to the off-premises signs. This regulation
has been in effect since the January 26, 1987 adoption of the Zoning Ordinance (Chapter
106) and the regulation has not been proven to be "unreasonable".
No reasonable difference exists regarding the interpretation of the Zoning Ordinance.
Alternative remedies exist for the property owner in which the applicant would be compliant
with the Ordinance; therefore the Zoning Ordinance should not be construed as
unreasonable.
b) That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated
Board of Adjustment
2/28/08 - #A 08-001
Page 3 of 4
General Concerns:
Current regulations are written in a clear manner that enables individuals to understand City
Council's intent. This enables Staff to provide the information to others and be consistent in
the enforcement of this regulation. This consistency in the enforcement of the regulation
ensures no "special privilege" to anyone property. Granting this request would give the
appearance of granting a special privilege to the property owner.
c) The decision of the Board must be in the best interest of the community and consistent with
the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City.
Staff believes it would conflict with the intent of the regulation and would not be in the
best interest of the community or be consistent with the spirit of the City's Zoning
Ordinance. The applicant's statement is narrow in interpretation, as it is stated that "the
proposed sign is indeed located in excess of 1,000 feet from the nearest sign on the same
roadway." Same roadway means Spencer Highway and as stated there is a sign along the
same roadway within 500 feet on the north (opposite) side of roadway.
The general intent and purpose behind the Zoning Ordinance is to promote public health,
safety, and welfare. The enforcement officer's decision in this case would be in the best
interest of the community and would be consistent with the spirit and interest of the
City's Zoning Laws and the Comprehensive Plan of the City.
Visual and Environmental - Several groups such as Scenic America have complained
that billboards on highways cause too much clearing of trees and intrude on the
surrounding landscape, with bright colors, lights and large fonts making it hard to focus
on anything else, creating a visual pollution. Other groups believe that billboards and
advertising in general contribute negatively to the mental climate of a culture by
promoting products as providing feelings of completeness, wellness, and popularity to
motivate purchase.
Conclusion:
Road Safety - Many cities tried to put laws into effect to ban billboards and cited trathc
safety and driver distraction as the main reason. All new off-premises signs are prohibited
within the City limits of Baytown, Texas. This prohibition applies to all classification of
signs, types, and special function signs used as off-premises signs.
Based on the facts and considerations noted in this report, Staff feels the enforcement
officer's decision is correct in this case.
. Allowing the proposed advertising sign to be located within 1,000 feet of an existing
advertising sign (appeal upheld).
. Disallowing the proposed advertising sign to be located within 1,000 feet of en existing
advertising sign (appeal dismissed).
Board of Adjustment
2/28/08 - #A 08-001
Page 4 of 4
Appeals:
As per Section 106-196 of the Code of Ordinances of the City of La Porte:
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 may
present to a court of record a petition for a vvrit of certiorari, as provided by V.T.C.A., Local
Government Code Section 211.011, dilly 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 days after the filing of the decision in the office of the Board of
Adjustment.
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CITY OF LAPORTE
ZONING BOARD OF ADJUSTl\fENT
APPEAL OF ENFORCEMENT OFFICER'S DECISIO By
Application No..: -1!/!-.f1ij? -ClO /
Date Received: 1/- 31) - 0'00 i")
~)lE @ ~ D \!I [E~
illiJ JAN 1 82008 W
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OFFICE USE ONLY:
Fee: $150.00
Applicant: SignAd, Ltd.
Name
1919 North Loop,
P.O. Box 8626 Houston, TX 77249
Address
rH: 713-861-6013
I am the owner of the herein described property. I have authorized SignAd, Ltd.
to act on my behalf in this matter.
Owner"': Gus Brieden
Name
285 PR 7615 Devine TX 78016-5176
Address
PH:830-665-9110
I am appealing the decision regardin,g or the interpertation of Sect. 1 0 6 - 8 7 5 of
the City Zoning regulations Chapter 106 of the Code of Ordinances. I am making this
appeal,in regards to the property located at:
1911\' West Main street Lots 5 through 9 and 11 t.hrough
Street Address Legal Description
LaPorte, TX 77571 28 and TRS 4, 10, anq 29; Block 727
Oc) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site PIan ( ) General Plan
A Site Pbm. of the property is attached. Also, I have listed the information requested below
on the following pages of this form. ~J
a) All facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc. ).
c) The grounds upon which I am making this request.
:It IT applicant is NOT the owner, he!!!!!rt provide Authorization to act on the Owner's
. bcl1;.Z-:e~.;:,a; dated. 8. 16Q6.s.hHeQm~bY O""eT__
Date Applicant's Signature
--------------
---------=-----
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached?
Yes() No()
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
EXHIBIT
'"
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ROTHFELDER & FALICK, L.L.P.
ATTORNEYS AT LAW
!U) ~ @ ~ G \IJ ~ \\\II
\~ J{l.i'l 112OG8 ~
r.
BY~
RICHARD L. ROTHFELDER
rrothfelder@swbell.net .
BOARD CERTIFlED - CIVIL TRIAL LAW
1201 LOUISIANA
SUITE 550
HOUSTON, TEXAS 77002
TELEPHONE: 713-220-2288
FACSIMILE: 713-658-8211
WWW.ROTHFELDERFALICK.COM
January 16, 2008
Zoning Board of Adjustment Via Certified Mail, RRR, #7007 0710 0004 9064 1112
c/o Wayne Sabo, Director of Planning
City of La Porte
604 West Fairmont Parkway
La Porte TX 77571
Zoning Board of Adjustment Via Certified Mail, RRR, #7007 0710 0004 9064 1129
c/o Masood Malik, City Planning Dept.
City of La Porte
604 West Fairmont Parkway
La Porte TX 77571
RE: Appeal of Enforcement Officer's Decision by SignAd, Ltd. for denial of
permit for erection of sign at 1911 West Main Street, on the south side of
Spencer Highway approximately ~ mile west of SH 146 in La Porte, Harris
County, Texas; Our File No. 1011-132.
Ladies and Gentlemen:
Introduction
The law firm of Rothfelder & Falick, L.L.P. represents SignAd, Ltd. ("SignAd"), in
HdI,,;Q@~~1iQ!l:~1:Q~J~~!~Qg~~~~al of its application to erect an off-premise sign adjacent
to SH 146 in La Porte, Texas. Please ~ consiaer tliis- SignAd'saPlreal~to-the-Zoning-- Board-of
Adjustment of the permit denial, pursuant to Chapter 106 of the City of La Porte's ("City") Code
ofOrdinances.("Code"). Enclosed is a completed Appeal forin, as well as SignAd's check in the
amount of $150.00 in payment of the fee for this -appeal. Additionally, enclosed please find a
copy of the Lease Agreement ("Lease") which pertains to the proposed site for the sign. The
Lease, a true and correct copy of which is attached hereto as Exhibit 1, authorizes SignAd to act
on the property owner's behalf in this matter.
Facts Relevant to this Matter
On December 21, 2007, SignAd applied for a permit to erect a new off-premise sign
adjacent to Spencer Highway at 1911 West Main Street in La Porte. A copy of the permit
Zoning Board of Adjustment
January 16, 2008
Page 2
application ("Application") is attached as Exhibit 2. The City denied SignAd's Application on
January 9, 2008, stating "Permit denied based on inadequate pl~s and information."
Additionally, the City stated, "As per section 106-875 Chapter 106 (h) all off premise free
standing advertising signs shall be spaced at intervals of not less than 1000 feet."l
The Application conforms in every respect to the City's ordinances and regulations,
including Section 106-875 of the Code. In particular, the site for the proposed sign is not within
1,000 feet of the closest sign located along the same roadway.
Tvpe of Relief Being Sought
SignAd respectfully disagrees with the decision and analysis made by the City, seeks a
reversal of the denial in this appeal, and asks that the City grant its Application.
Grounds for the Request
Section 106-875 (h) of the Code states that "(a)l1 off-premises freestanding advertising
signs shall be spaced in intervals of not less than 1,000 feet." As evidenced by the drawing
provided by SignAd with its Application, copies of which are included in Exhibit 2, the proposed
sign site is indeed located in excess of 1,000 feet from the nearest sign on the same roadway.
Presumably, the City seeks to impose an additional requirement that is not stated in the Code,
i.e., that the spacing requirement apply not only to signs located along the same side of the
roadway, but to any sign within 1,000 feet, measuring in any direction.
The City's decision and interpretation adds requirements that do not currently exist in the
City's ordinances and regulations, i.e., that the spacing requirements apply to a sign in any
direction from the proposed sign. By imposing additional requirements that do not exist under
the Code, the City has violated SignAd's rights under the Due Process Clauses of the Texas and
United States Constitutions. In particular, constitutional due process requires the City and its
n n~_~noJ[~i~l~JQgi~~_f~cln134~q~~P~'2!ic~_!()_p~~t applicants like SignAd as to what laws are
applicable; so that they know when permits are to-oo- grantedor~a.eriied:--Since ilie existmgtaw-in--- ~---- ---
this case compels the grant of SignAd's Application, the interpretation of the City is incorrect
and violates due process.
Additionally, the imposition of this new requirement by the ~ City is arbitrary and
discriminatory, as it imposes an illogical and unreasonable interpretation of the Code that is
contrary to the applicable State statutes. 43 Texas Administrative Code 21.153, a copy of which
is attached for your convenience as Exhibit 3, regarding spacing of signs along interstate and
1 SignAd initially applied for a permit at this site on July 5, 2007. That application was denied on September 20,
2007. SignAd failed to timely file its appeal of the denial, however, the result of which was the filing of this second
permit application.
{ .
Zoning Board of Adjustment
January 16,2008
Page 3
primary highways, consistently sets forth the spacing requirements of two signs in terms of a
specified distance "on th~ same side of the highway". More specifically, the statute states in
pertinent part as follows:
(d) Signs may not be erected closer than 1,500 feet apart on the same side of
a regulated highway.
( e) Signs erected outside of incorporated municipalities along the nonfreeway
primary system may not be closer than 750 apart on the same side of the
highway.
(f) Signs erected in incorporated municipalities along the nonfreeway primary
system may not be closer than 300 feet apart on the same side of the
highway.
See 43 Tex. Admin. Code 21.153(d) through (f) (emphasis added).
Absent specific language in the Code stating the distance requirements are to be
measured across a roadway, in addition to along the same side of the road, it is unreasonable for
the City to impose this additional requirement. A reasonable sign operator applying for a permit
under the City's Code would logically conclude that the City's ordinance should be read the
same way as the applicable State statute.
Finally, SignAd argues that the City's past interpretation and application of the pertinent
Code language serves as a precedent for the interpretation and application as pertains to
SignAd's Application. For example, on July 1, 1999, the City granted a permit for another sign
operator to erect an outdoor advertising structure on the west side of Highway 146 north of W.
Barbours Cut Blvd. A copy of the referenced permit is attached as Exhibit 4. This permit
application was granted two years after the current Code went into effect in 1997. In granting
the permit, the City allowed the sign operator to erect and operate a new sign structure located
approximately 500 feet from an existing sign owned and operated by SignAd, measuring across
the ruuJwux,~p~~ttem--of beha....Ii-er~tY--~erves as an ;:mfhoritative rule or pattern
in future or similar analogous cases, such as this one. Indeed, SIgn owners sucn as SignAd,
should be able to rely on prior acts of the City as a justification or guideline in applying the same
provisions of the Code in future situations.
Conclusion
In conclusion, SignAd respectfully suggests that the January 9, 2008 denial of SignAd's
Permit Application by the City was incorrect for the foregoing reasons. As such, the Zoning
Board of Adjustment should overturn the decision based on this appeal.
Pursuant to Section 106-:-89 of the Code, please contact me at your earliest convenience
~egarding the scheduling of the appeal hearing in this matter. In the meantime, please let me
Zoning Board of Adjustment
January 16,2008
Page 4
know if you have any questions or if I can be of any further assistance.
JLD
Enclosures
OFFICE Ii'BE 01\.TLY: Fee: $150.00
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CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
LUPEAL OF ENFORCEMENT OFFICER'S DECISION
Application No,:
Date Recei,red:
Applicant: gignAd, Ltd.
Name
1919 North Loop,
P.O. ~ox 8626 Houston, TX 77249
Address
I am appealing the decisfrGa regarding (H' the Interpertfttinn of Sect. 1 06- 875
the: City Zouing regulations Chapter 106 of the Code of Ordinances. I!illl mmng thEs
appeal.in reg~rds ta the properly located at:
(911~ West Main street
Street Addre~s
LaPorte, TX 77571
&) Site Plan
( ) Major Development Site Plan
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PH: 713-861-6013
I am the owner of the herein described property. I have autharh;ed SignAd, Ltd.
to act on my behalf in this matter.
Offn~*: Gus Brieden
PR:830-665-9110
Name
285 PR 7615 Devine TX 78016-5176
Address
Lots 5 through 9 ana 11 through
Legal Description
28 and TRS 4, 10, and 29; Block 727
( ) JY.[inor Development Site Plan
( ) Ge..'1.eral Plan
A Site PIan of the property is attached. Also, I have listed the in.formation requested below
on the following pages of this form.
a) All facts concerning the matter that has led Uf> to this reqUest.
b) The type ofreliefI am seeking (setbacks, lot coverage. etc. ).
c) The gro-unds upon. which I am making this request.
* If applicant is NOT the OVi'ner, he must provide Authorization to act on the Owner's
behalf.
--------------------------------------------------------------------
!-1r::-Z2Nf
Date
OFFICE USE ONLY
Site Plan and Authoriz.ation (if applicable) atta.ched?
Yes ( )
No()
-----1-
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Applicant's Signature
Date transmitted to the Board of Adjustments:
l\1eeting Date:
Applicant Notified of Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to ApplicantIOwuer:
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11ATI: ~/ZO06 _ J10 LEASE NlJMBElt:
TlHS AI at EEM EN r, hy ~Ild hclWCOlI ~JLll..L~- (I.e.""r) ~I\ll
SI(jNI\D. INC'. II.C1>scel >CIS lorllt thc rnlIllwillglcrl11s I1ml Cl1l1ditioll> and shall "eCOllle c1rectil'e tlpOn tlie acecplil\lCe llrholh pmlies
I.EASED FIU;"'!!S!:S, l.e1>,,"r is Ihe OWller o!' 111l~rlllIll real pr"perl)' I!lcnled "II Ihe N Q I: W ,ide flf
SDalle,,!: I[c...v. Ilholll ~ N. Soli \..::Vt11 S .il. 14ii heil1~ parlllr LC>>(H'> plOperly
Hnuilwn\. In ilL' Vll'\VI:II hlllUI ffL'E:'r/J'OJUXk t!'ln:cl, hiJ.!!I\l,'ir\' 'If l:U1dlflilrk I
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SKETCH M'I'IWXIMi\TE 1.0C^'!'lON OF SlClN oN LEASED l'ltEM1SES . SEE ATT 1\( 'III'\) Sll1lYE
AN<'ILI..AR Y rU,iIITS: l.c~s(\r Clm'ellls autl grants III Lessee Ihe right llr iIlgress amI egress III alii I 11'0111 Ihe It:ilsed pre-miscs, the
Ii!!.lll \\1 plllvillc \If t:1;lnhli1<il eleclrieal puwef, eOlll1lluniealinIls de"ice1>. I1eeessm)' t:\llllleclions or powcr polc1>, !\lld place i\lt:ldcIIlnl
e1luiprllcnl on lhc leaseu 1" elnises ami any alijaeent "ropelly oWlleu [11' ellnlmllcd hy Lessllr; the rig,hllo ;uhlt:\ lhc lensed plemist:.'
(II' 5i~1I sllnl"lu!'efsJ Ill' 10 11SS/g\lfhis IlgrcclIIclu: ,111d rigl1f 10 relllcale the sil'll slfllelllrc(S)10 lawl'ul "ilels) slllislllelory 10 Lessee nil
[,e,,[\'" I'fl1I'Clt\. il' Ille llUli11lcI1nnee Ilr the sign strueturelstl1l1 Ihe !ellsell premi~es liescrihed helcin L, I'ln,'cl\hetf hI' lederal. ,;llIIe.
Of 101::11 :HitlllIC. (Htlinn[ll.~t:' or rcgulalioll.
'I EI/~l /\ND COMMENCEMENT lJ/\TE, Les,<elr Iwrehy granls ;!IalleilSt'S 1\1 l.es>L'e Ihe herein lie>cJihL'li k:ISL'd Iuelltise> 1m the
exclusive ptll]lIlSeS ,;etlorth in Ihe nl'reelllelll r\lr illerlll "I' I\\'e\ll)'-I/"e 1251 ,\'t:HlS, The ICrJltllml {lilY period of Iii is ~!!-Ie(llllenl shall
C\l1l1lllellCe aileI' leecipl "I all}' and all lIt'cessar)' pt'rmils am! UllIe or eC1tnl'kli\lllllr cons\r\lelion t,!' rellewal .Iall llllle. i r applit:ahle
I Olfiee LJ>c Ooly - ^elllal 811111 Dalel.
IlENTAI. l.e,Sl't' "hall pay 1[1 Le:;sllr a renlill pf $ See E-KltibLt "[I" tlpt aI's pCI' )'car pn.l'i1hle ill ml\'illlce 11Il001I111)'/;lInlllillll'l
till Ihe enl1lll1eoct'lIlelll dnle "I Ihis agleelllel11. Fpr IICW C<llIstr\lclitln, l.e"ce slmlJ P'[Y I" I.e:;slll, IlJlnn i1t'cel'lal1ct' "I' Ilti:; a)!rCCl1lelll.
a do"'"!,") "'""' "<lIl.tlft! nne 1I1011lhsl'lffil.ilJ \\1" I'll) "I II'" '''lIllI'.1 r,,\c With llie hllllloee due ,1\\11 pn\'nhle ojmn It,,: dale td' e[)1nl'lt'tiOlI
"I ellllSlI 1It:linll ill acenrllallce \\'lflflllClclll1S sml~u hcreiTl.
EXHIBIT
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t\IITIl01U rY I.es~"r IYHrrallls Iltal he is Ihc (IWller or Ihc pllIl,erly nlld ha., rull ;rut!lIlrily.lll ellieI' inlll Ihi:; ngJ l'emelll. This lease
>ltall 110\ ohli~;11e l.essee in nny \\'IIY 1I111il;1 is neL'~pled I1ml si[!.IH:l1 hy 1111 e~t'c'llli\'e IIl1iee!' "J' SigllAt!. Jlle,
Ntn ICE tH; lJF,Fr\lIl:r. 11\ Ihe e\'enl cilller pOlIty is inllcl;\uh nmkr the tt'rlll:; Ill' Ihi:; lease. Ihe IIOn,tlcllllrllill~ I'nrl:' slHlII delilT!'
\C'.illellllll11l'C' "ia the lJ S. 1'''5/111 Servit'e hy ecnifieli fI1"il, Iclurn tCl'eil'lllll1il, In Ille dt'luullill!! pHIl)', Sail! dcl:l\lltill~ pntt)' .!Iull
('lI!t' 'lIeh I"ill![ t' \C'ilhillll1iny I.ltH days nr reeeipl "I slrch /I(1li('t'
I.E/\SE 1'1tflVISIONS TillS lellse curl/aills the [l1""ixillllS nil Ihis p"ge 'l\Id \III Ihe le"eL't' herenl'. [ltllh 1'",IIt's h;l\'e lc"d ;\rILI
IllldC:l'\l:ltld all 'ioUdl Icrms i1ntl pnwb;iPlls.
SPEt'!I\1 pfWVISIONS. ---.-S.e... 11~ldhIL~
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Fax:7138612107
Jan 10 2008 16:05
F A.X NO.
P.02
P. 02
~ J.AN-j 0-2008 THU 03: 07 PM
PF..Rl\1IT APrl.JCATION
CitY of La Porte.
281-470-5073
.uildillgL ~~ Mecbanica.l
. /
---:- . . /1 ..----- :7 hI"" Z. 5/"
roject Addr'::ss:_/1 If I: 41.. #t~i""
;ubdivisicm' t 9 t.!'k~---1.~ ft'7
)WI\t1"'sNamo:_' Ut'1S .R/;4~' .__Phone.
~ddress: Z C(';- flit. 7(, r) _--JtJI-!.!2L rx
Streel City
::.oDtra/.:'\DL_S.~~iJ,J {A-~__
~ddrtSS:__..?'O ~ aD k ~L-
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3ui!ding Use: ~ Sq, Footage: # Stones
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\.DDR'Jl:~ ~ER-' M1JSl BE POS' . eXl.i'R'OCnON" & PF.RMANJiN'f[, Y' AT TJMF, OF fINAl.. .
rNSl"ECll0N, . '. ,~,
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ConsinJctlon Type ·
. 'Use Zone ["'I.
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ClaSs W6rk~~.:.r~~ Sq, Ft.
# Stories " 1'1 PI . Parking Req r.:.t A.
u>pLlCANTS PRlNTED NA
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Date use ceased: ('-1 A: -
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Commercial B l&tg!i Plans Only-Fire Marshal Approval~ A
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Taxe..__ __ heAD' ~Lj o~ DO~ODT
. Re!.:idential driveway tic-in fee:
ParkJand(New Res. Only): Zone #
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Checked/^ ['Qved for Issuance By: .p.c.-(' r'l'1 \" U..e.~~" ~'f
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______-----Pee: .
Plan Check F~c:
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City of La Porte
Office of the Mayor
Alton E. Porter
March 19, 2008
To All Citizens and Community Partners:
The City of La Porte released a Hotel RFQ on February 21, 2008, to determine
developer interest for the building of a full-service, branded, 200-room hotel at
the current location of the Sylvan Beach Pavilion. This is a cooperative effort
between the City of La Porte and Commissioner Garcia, Harris County, Precinct
Two.
I would like to take this opportunity to address recent questions that have been
asked of us as a Council and to also address concerns that have been
expressed about this project. This project will not take away any public access
to Sylvan Beach and the surrounding Harris County p'ark. The pavilion sits upon
a 5.8335 acre tract within the Harris County park site and the proposed hotel
must be built upon the existing foot print and will not be allowed to encroach
upon any other portion of the park. Both Commissioner Garcia and I feel very
strongly that the project must protect our public access, enhance our green
space, and maintain the historic integrity of the area as it relates to any plans that
may be submitted by developers.
The current pavilion was built in 1954 and is near and dear to the hearts of many
of us. In 1983, when Hurricane Alicia flooded and damaged the building, the
County .contemplated tearing it down. The City agreed to take. over the
operations and make the necessary renovations, which were in excess of
$250,000 at that time. Since that time another $500,000 has been spent on the
pavilion and another $200,000 needs to be spent on further renovations and
repairs. This project will also go hand in hand with the recent news that the City,
in cooperation with the County and the Texas General Land Office, will undertake
a project for the restoration of the Sylvan Beach Shoreline. The project will break
ground in May and is slated for completion in late summer of 2009. We are
thrilled and excited that once again, there will actually be a beach at Sylvan
Beach.
We hope that each of you will attend upcoming meetings of the City Council and
the Planning and Zoning Commission as we undertake discussions related to the
project and zoning requirements. We feel that if you join us in the discussions
and review the plans in detail, you will find that there is a great opportunity for
everyone to be involved in helping diversify our economy and recreate the
heydays of Sylvan Beach.
City of La Porte
March 21, 2008
Please note all dates are flexible except the first 3 listed.
RFQ Issued February 21.
All questions must be submitted in writing by March 30. We have had one
round of questions thus far and the answers have been provided.
Developer responses due April 30. No tally of submittals has been made at
this time.
Evaluation and selection by the RFQ Review Committee May 1 t016, 2008. The
composition of the Committee has not been determined as yet but please
let the City Manager know your thoughts. The County has yet to determine
their level of involvement in the selection process but they will be getting
back with us on this.
Interviews with finalists May 19 to 30.
Committee selection ~nd authorization to proceed to next chosen phase In
procurement on or after June 2.
Negotiation period: The month of June.
Recommendations of Agreement to the Mayor and City Council, LPEDC, and
LPRAfTIRZ Boards the week of July 07 to July 11
Approval of Agreement by the Mayor and City Council, LPEDC, and LPRAfTIRZ
Boards in late July or early August.
Other Notes:
The County and our staff are working on the Ground Lease and Licensing
Agreement concurrently. However, much of what will happen will be dependant
on what the development community submits. This process is very fluid as of
now.
The P&Z is beginning work on the zoning changes and public hearings that will
be required for any changes. The new Planning Director begins on April 14.
There has been some commentary that the pavilion is being torn down in May,
which is of course false. However, the Mayor wanted to make sure you knew this
was being said if you had not already heard.
The meeting after the Photo Op with Commissioner about the town square and
Main Street maintenance issues went very well. Our park at Sylvan Beach is the
next park she and her team will be working on to renovate in accordance with her
Master Plan, which is exciting for us and will go hand in hand with the beach
restoration.
Nick Berrera
Kirby Linscomb, Jr.
Dottie Kaminski
Paul Berner
Claude Meharg
Hal Lawler
Attendin
/
v
/'
~
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PLANNING & ZONING COMMISSION
Checklist C'/
Date: 3 - ;;;0 - () If
Not Attendin
Left Messa e
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10'. S3
APPENDIX B
SITE USE PLAN
GUIDANCE ONLY
BAYSHORE DRIVE
1**_..-.**
1*
:*
1* PubUc
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: 11 Lawn
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Sylvan Beach Hotel &
Conference Center
La Porte. Texas