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HomeMy WebLinkAbout04-17-08 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission PLANNING AND ZONING COMMISSION MINUTES OF April 17, 2008 Members Present: Pat Muston, Paul Berner, Nick Barrera, Doretta Finch, Kirby Linscomb, Jr., Dottie Kaminski and Hal Lawler (Alt 1) Members Absent: Claude Meharg, and Les Bird (Alt 2) City Staff Present: Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Planning and Zoning Secretary, Peggy Lee 1. CALL TO ORDER. Meeting called to order by Chairperson Muston at 6:00 p.m. 2. ADMINISTER OATH OF OFFICE TO RE-APPOINTED MEMBER, DOTTIE KAMINSKI. Clark Askins, Assistant City Attorney, administered the Oath of Office to reappointed member, Dottie Kaminski. 3. CONSIDER APPROVAL OF THE FEBRUARY 21,2008, MEETING MINUTES. Motion by Paul Berner to approve the Minutes of February 21, 2008, amended to show Doretta Finch absent and Claude Meharg present. Second by Nick Barrera. The motion carried. Ayes: Nays: Abstain: Muston, Barrera, Berner, Finch, Linscomb, Kaminski, and Lawler 4. CONSIDER APPROVAL OF THE MARCH 20, 2008, MEETING MINUTES. Motion by Dottie Kaminski to approve the Minutes of March 20, 2008. Second by Doretta Finch. The motion carried. Ayes: Nays: Abstain: Muston, Barrera, Berner, Finch, Linscomb, Kaminski, and Lawler 5. CONSIDER APPROVAL OF A SUBDIVISION PLAT FOR GOODYEAR BAYPORT, A PARTIAL REPLAT FOR RESERVE 'B' AND CREATING A COMMERCIAL RESERVE 'C' TO BE LOCATED ALONG FAIRMONT PARKWAY AT BAY AREA BOULEVARD IN THE BAYPORT INDUSTRIAL DISTRICT, EXTRA-TERRITORIAL JURISIDICTION OF LA PORTE. Nick Barrera abstained from this agenda item and agenda item 6, due to a conflict of interest. Masood Malik, City Planner, presented staffs report. Robert Lin, of Lin Engineering., on behalf of the owner Kelly Fairmont, has requested plat approval for two commercial reserves located at the intersection of Bay Park Road and Fairmont Parkway in the Bayport Industrial District. Robert Lin, of Lin Engineering, answered questions from the Commission. Although not a requirement for development, City Staff will work with the Developer to place landscaping along Bay Area Boulevard. Staff recommended approval of the plat with the following provisions: . 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. . . Planning and Zoning Commission Minutes of April 17, 2008 Page 2 of 5 . Development shall conform to Exhibit "C" of Industrial District Agreement and Exhibit "A" of the water/sewer service agreement. Motion by Dottie Kaminski to approve the S\1bdivislorr plat for Goodyear Bayport located at the intersection of Bay Park Road and Fairmont Parkway in the Bayport Industrial District with the provisions recommended by City Staff. Second by Paul Berner. The motion carried. Ayes: Nays: Abstain: Muston, Berner, Finch, Linscomb, Kaminski, and Lawler Barrera o. CONSIDER APPROVAL OF A SUBDMS10N PLAT FOR FAIRMONT PARKWAY BUSINESS PARK, CREATING A COMMERCIAL RESERVE 'A' TO BE LOCATED ALONG FAIRMONT PARKWAY NEAR FARRINGTON BOULEVARD IN THE BAYPORT INDUSTRIAL DISTRICT, EXTRA-TERRITORIAL JURISDICTION OF LA PORTE. Mr. Barrera abstained from this agenda item due to a conflict of interest. Mr. Malfk presented staff's report. Un Engfneefiflg, 00 behalf of the owner, Not Fafrmont Parkway Partners, Ltd., has requested approval of a subdivision plat for Fairmont Parkway Business Park, creating a commercial reserve along Fairmont Parkway near Farrington Boulevard in the Bayport Industrial District. Bob. Klassen, of Sunbelt Commercial Builders, answered questions from the Commission and distributed a plat of the subject property. Staff recommended approval of the plat with the following provisions: · Approval of Industrial District Agreement (IDA) and waterfsewer 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. Motion by Hal Lawler to approve the subdivision plat for Fairmont Parkway Business Park located along Fairmont Parkway near Farrington Boulevard in the Bayport Industrial District with the provisions recommended by City Staff. Second by Dottie Kaminski. The motion carried. Ayes: Nayes: Abstain: Muston, Berner, Finch, Linscomb, Kaminski, and Lawler Barrera 7. OPEN PUBUC HEARING TO RECEIVE CITIZEN INPUT ON SPECIAL CONDITIONAL USE" PERMIT REQUST #SCU08-001 FOR 2.29 ACRES OF LAND, LOTS 1 THRU 32, BLOCK 686, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS AS REQUESTED PER MR. LINDSAY PFEIFFER FOR THE DEVELOPMENT OF AN OFF-SITE PARKING LOT FOR BUSINESS LOCATED AT 116 NORTH 16TH STREET. OFF-SITE PARKING IS CLASSIFIED AS A CONDITIONAL USE IN LIGHT INDUSTRIAL (L1) ZONES PER THE CODE OF ORDINAN-ACES. Chairperson Muston opened the public hearing at 6:28 p.m. A. STAFF PRESENTATION Planning and Zoning Commission Minutes of April 17, 2008 Page 3 of 5 Mr. Malik presented staff's report. Carlos Smith, on behalf of the owner, Pfeiffer & Son, Ltd., has requested a special conditional use permit to develop off-site parking in the 200 block of w. Polk St. for the business located at 116 N. 16th St. Eight property owners located within 200' of the subject tract were mailed public hearing notices. The City received two (2) favorable responses from the mail-out. B. PROPONENTS Lindsey Pfeiffer, owner and applicant, stated that his business has grown to 145 employees, causing a need for additional parking. Carlos Smith, owner's representative and engineer, stated that screening will surround the parking lot with additional landscaping every 20'. Detention will be incorporated in the parking lot and drain into Polk St. Bob Schlenk, of 620 S. 4th St. and a Sens Road business owner, understands the challenges for providing parking. He commented that Mr. Pfeiffer keeps his property well maintained. C. OPPONENTS No opponents addressed the Commission. 8. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 6:42 p.m. 9. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU08-001. Motion by Paul Berner to recommend to City Council, approval of Special Conditional Use Permit #SCU08-001 for an off-site parking lot to be located in the 200 block of W. Polk St. 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-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 106-521 (a) of the Code of Ordinances. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. . . . . . . . Ssecond by Dottie Kaminski. The Motion carried. Ayes: Nayes: Abstain: Muston, Barrera Berner, Finch, Linscomb, Kaminski, and Lawler Planning and Zoning Commission Minutes of April 17, 2008 Page 4 of 5 10. OPEN PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING SECTION 106-443, TABLE B, COMMERCIAL AREA REQUIREMENTS, CODE OF ORDINANCES, RELATED TO THE MAXIMUM HEIGHT ALLOWABLE FOR STRUCTURES LOCATED WITHIN COMMERCIAL ZONING DISTRICTS ADJACENT TO RESIDENTIAL ZONING DISTRICTS. Chairperson Muston opened the public hearing at 6:44 p.m. A. STAFF PRESENTATION Mr. Malik presented staff's report. The Commission discussed the possibility of adding height restrictions for commercial uses of properties when abutting residential neighborhoods. B. PROPONENTS No proponents addressed the Commission. C. OPPONENTS Ms. Pat Clark, 3817 Ashwood Circle in Fairmont Park East, spoke of her opposition to the new hotel being built on Fairmont at Driftwood. She and her neighbors knew there would be something built at that site, but never envisioned a hotel of that size. The hotel will have a negative impact on the resale value of their homes. Ms. Clark noted that attitudes of some of the members of the Planning & Zoning Commission and the City Council are unwarranted. She noted that people show up at public meetings to offer their opinion for what they believe in, not to stir up trouble. Phillip Hoot spoke about the proximity of the hotel to the subdivision being more of a line of sight issue rather than a distance issue. Bobby Schlenk commented on how the issue of proximity of the hotel to the subdivision is more of an architectural issue, as well as a line of sight issue. 11. CLOSE PUBLIC HEARING Chairperson Muston closed the public hearing at 7:45 p.m. 12. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMENDMENT TO THE ZONING ORDINANCE BY AMENDING SECTION 106-443, CODE OF ORDINANCES, RELATED TO THE ALLOWABLE MAXIMUM HEIGHT FOR STRUCTURES LOCATED WITHIN COMMERCIAL ZONING DISTRICTS ADJACENT TO RESIDENTIAL ZONING DISTRICTS. Motion by Paul Berner to recommend to City Council, approval of an amendment to the Zoning Ordinance limiting the maximum allowable height to 30' for structures located within commercial zoning districts adjacent to residential zoning districts. The Motion died for lack of a second. The Commission further discussed the issue. Motion by Paul Berner to recommend to City Council, an amendment to the Zoning Ordinance making the maximum allowable height for structures within commercially zoned properties located within 120' of residentially zoned properties is 30'. Second by Nick Barrera. The Motion carried. Ayes: Nayes: Abstain: Muston, Barrera, Berner, Finch, Linscomb, Kaminski, and Lawler Planning and Zoning Commission Minutes of April 17, 2008 Page 5 of 5 13. DISCUSS POSSIBLE CHANGES TO SECTION 106-875, CODE OF ORDINANCES, PERTAINING TO OFF-PREMISES SIGNS. Mr. Malik presented staff's report. Sign Ad Ltd. has appealed the Building Official's decision to deny a sign permit to place an off-premises advertising sign at 1911 W. Main Street (Spencer Highway). Current Ordinance provisions require all off-premises advertising signs to be spaced at intervals of not less than 1,000'. The applicant has stated that the proposed sign would be located in excess of 1,000' from the nearest sign on the same side of the roadway. There is an existing sign located within 500' on the opposite side of the roadway. Staff interprets the Ordinance as 1,000' measured in a radius circle, not linear feet on the same side of the roadway. The applicant has appealed the case to District Court. After discussion, the Commission requested the City Attorney's Office confer with the City's legal representative on the court case, John Hightower, of Olson & Olson, as to whether the City should conduct any further review, given the pending court case. 14 ADMINISTRATIVE REPORTS Mr. Malik reported there will be a public hearing held during the next meeting to receive citizen input on the proposed boundaries and allowable uses for the Commercial Recreation District. 15 COMMISSION COMMENTS Information showing the proposed boundaries and the allowable uses for the Commercial Recreation District was requested to be sent to all the Commission Members prior to the Public Hearing. Hal Lawler spoke about inquiries he has received regarding the metal building constructed on Main Street. Mr. Lawler inquired about the current building standards for Main Street. Staff will check with the City Manager's Office and the Main Street Coordinator on the status of developing building design standards for the Main Street District. Commission Members requested a workshop on the Commercial Recreation District prior to the public hearing being held. 16 ADJOURN Motion by Paul Berner to adjourn. Second by Dottie Kaminski. The meeting adjourned at 9:20 p.m. Peggy Secretary, Planning and Zoning Commission A~rovad on this ~ day of pa~PJ Chairperson, Planning and Zoning Commission /11r, 2008.