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Home My WebLink About11-18-10 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission Oath of Office d b OATH OF OFFICE I, Lou Ann Martin, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Planning and Zoning Commission, of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Sworn to and subscribed before me this _ day of ,2010 Notary Public in and for the State of Texas ~ J=5 PLEASE TYPE OR PRINT LEGIBLY PROVIDE ALL REQUESTED INFORMA nON STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, 81(b), amended 2001) I, Lou Ann Martin, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. Date Affiant's Signature Position to Which Elected/Appointed City and/or County Form No. 2201 Minutes of the Meeting Planning and Zoning Commission Minutes of November 18,2010 Members Present: Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Kirby Linscomb Jr., Richard Warren, and David Janda (Alt 1). Members Absent: Hal Lawler and Lou Ann Martin (Alt 2). Citv Staff Present: City Planner, Masood Malik; City Attorney, Clark Askins; and Planning Assistant, Shannon Green. Others Present: 1. Call to Order. Meeting called to order by Vice Chairperson Dottie Kaminski at 6:02 p.m. 2. Administer Oath of Office to Appointed/Reappointed members; Lou Ann Martin (District 5), Dottie Kaminski (District 4), Danny Earp (Alternate 1). Clark Askins, City Attorney, administered the oath to newly appointed member Danny Earp and reappointed member Dottie Kaminski. Lou Ann Martin was unable to attend. Oath of Office for Lou Ann Martin will be on the next Planning and Zoning Commission meeting agenda. 3. Consider Approval of the September 16, 2010, regular meeting minutes. Motion by Richard Warren to approve the regular meeting minutes of September 16, 2010. Second by Kirby Linscomb. The Motion carried. Ayes: Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Kirby Linscomb Jr., Richard Warren, and David Janda (Alt 1). None None Nays: Abstain: 4. Open public hearing to receive public input on Special Conditional Use Permit Request #SCU10-001 for property located at 2301 Underwood Road, further described as 0.7328 acre commercial reserve A1, Block 14, Creekmont SID Section 2, La Porte, Harris County, Texas. Shane Laurent, property owner, seeks approval of a Special Conditional Use Permit to operate a retail Beverage Mart. As per Section 106-441, Table A, Commercial Uses, Code of Ordinances, a drive through facility is classified as a conditional use in General Commercial (GC) zoning districts. Vice Chairperson Dottie Kaminski opened the public hearing at 6:07 pm. A. Staff Presentation Masood Malik, City Planner, gave staff's report. Notice of public hearing was mailed to sixteen businesses and all property owners within 200' of 2301 Underwood Road. Staff received one response in opposition. B. Proponents 1. Shane Laurent, applicant spoke in favor of SCU1 0-001. C. Opponents 1. Katy Pfeiffer, of 1029 Willow Creek voiced concern of noise and headlight nuisance at her property. Ms. Pfeiffer requested a buffer to protect her property. D. Proponents Rebuttal There was none. 5. Close public hearing Vice Chairperson Dottie Kaminski closed the public hearing at 6:12 pm. Planning and Zoning Commission Minutes of November 18, 2010 Page 2 of 3 6. Consider recommendation to City Council regarding Special Conditional Use Permit Request #SCU10-001 for property located at 2301 Underwood Road. Motion by Kirby Linscomb to approve SCU10-001 for the property located at 2301 Underwood Road, with the 12 conditions listed by staff and the 3 conditions added by the Commission: Commission Conditions: 1. Owner shall plant Oleanders on back fence line of property. This will serve as a buffer for the resident located at 1029 Willow Creek. 2. Car stops will be installed on the property to protect the resident located at 1029 willow Creek from out of control vehicles. 3. Change the entrance to the north of the property and the exit on the south of the Property. Staff's Conditions: 1. SCU#10-001 is specifically limited to the proposed development of Beverage Mart at 2301 Underwood Road. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. Drainage system shall be applied in accordance with the approved site plan. 4. Parking/striping shall be removed from front to accommodate drive through vehicles. Required parking shall be provided to the south side of the property. 5. All lighting in the parking lot shall be hooded and arranged to deflect light away from the adjacent residential properties in compliance with Section 106-521 (a) of the Code of Ordinances. 6. Proper traffic control signage shall be installed at existing driveways denoting south driveway as entrance and north driveway as exit only. 7. Owner shall remove front yard fence installed illegally along the front of the property. 8. Owner shall be responsible to install sidewalk to match with the adjacent property. 9. Front and side landscape areas need to include 'Waxleaf Ligustrum' at 36" spacing. 10. All new signage shall require a separate permit from the City's Inspections Division. 11. A 1 O'utility easement along the north property line and an 8' utility easement along the east property line shall be kept clear of any gravel, asphalt and/or concrete surface. 12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas .Second by Richard Warren. Motion carried. Ayes: Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Kirby Linscomb Jr., Richard Warren, and David Janda (Alt 1). None None Nays: Abstain: 7. Open public hearing to receive public input on proposed amendments to Sections 106-62 and 106-63 of the Code of Ordinances, Chapter 106, more commonly referred to as the Zoning Ordinance of the City of La Porte, to convert the two alternate positions on the Planning and Zoning Commission to regular members. Vice Chairperson Dottie Kaminski opened the public hearing at 6:30pm. Planning and Zoning Commission Minutes of November 18, 2010 Page 3 of 3 A. Staff Presentation Masood Malik, City Planner, gave staff's report. Council discussed converting the two alternate members to regular members to expand the Commission to nine members. B. Proponents There was none. C. Opponents There was none. D. Proponents Rebuttal There was none. 8. Close public hearing Vice Chairperson Dottie Kaminski closed the public hearing at 6:32 9. Consider recommendation to City Council regarding proposed amendments to Chapter 106 "Zoning" of the La Porte Code of Ordinances, to convert the two alternate positions on the Planning and Zoning Commission to regular members. Motion by Les Bird to approve the recommendation to City Council converting the two alternate members to regular members by Les Bird. Second by Doretta Finch. Motion Carried. Nays: Abstain: Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Kirby Linscomb Jr., and Richard Warren. None David Janda (Alt 1). Ayes: 10. Administrative Reports The Gateway project is near completion. 11. Commission Comments There were none. 12. Adjourn Motion by Richard Warren to adjourn. Second by Doretta Finch. Motion Carried. Ayes: Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Kirby Linscomb Jr., Richard Warren, and David Janda (Alt 1). None None Nays: Abstain: Vice Chairperson Dottie Kaminski adjourned the meeting at 7:32 pm. Approved on this 1 &z day of ~ , 2010. WrJ'_~ Dottie Ka~A,.. Vice Chairperson, Planning and Zoning Commission Plat Dow Hydrocarbons & Resources, Inc. Exhibits A. Staff Report B. Area Map C. Plat Staff Report December 16,2010 Dow Hydrocarbons & Resources PLAT Requested by: Requested for: Location: Land Use Map: Present Zonine:: Backe:round: Dow Hydrocarbons & Resources, Inc. c/o Darrel Heidrich 26.8206 acres pt. TRS lA, 2B and 6B, being situated in the Enoch Brinson Survey, Abstract 5 and Nicholas Clopper Survey, Abstract 198, La Porte, Harris County, Texas. 727 Old Underwood Road Commercial and Industrial Planned Unit Development (PUD) The property in question consists of 26.8206-acre tract as recorded in the Clerk's File No. P800502, Film Code No. 094-78-3003 of the Harris County Deed Records, being situated in the Enoch Brinson Survey, Abstract No.5, and Nicholas Clopper Survey, Abstract No. 198, La Porte, Harris County, Texas. The subject tract has existing buildings used as administrative office and mechanical shops. The subject property is within the vicinity of business parks and light industrial facilities along Underwood Road and Independence Parkway (a.k.a. Battleground Road). The existing facility primarily houses personnel and equipment associated with the maintenance and construction operations. Dow Hydrocarbons and Resources, Inc. purchased the property in 1978. The company constructed piping, pump station, storage tank, office, shop, and warehouse buildings in 1979. A radio tower was constructed at the facility in 1988. An additional metal storage building was constructed in 1990. Later on, the tank and pumping station were demolished in 2000. Approximately 20 acres of undeveloped property to the east is fenced and leased for grazing. Currently, some piping and above ground valves exist at site. The applicant is platting 26.8030 acres of land into two lots and one block along Old Underwood Road. Lot 1 with existing buildings occupies 7.6186 acres. An undeveloped lot 2 consists of 19.1844 acres. A few years ago, the subject property was rezoned from General Commercial (GC) and Large Lot (LL) residential to Planned Unit Development (PUD). The abutting zoning designations are: North - PUD, GC & LL to the south, LL to the east, and GC to the west. Analvsis: Land Use - The City's Land Use Plan indicates this area developing with commercial and industrial uses. Transportation - The property in question has approximately 155 feet of frontage along Old Underwood Road. Future development on the subject tract may increase traffic to the area. Access Management: Old Underwood Road, a 60' right-of-way, is a collector street. Since traffic movement is the primary function of this roadway, access management is essential. Owner/developer needs to work in restricting the driveway access of these commercial/industrial reserves. Therefore, a controlled access easement or management techniques are suggested. The owner/developer shall be responsible for management of access easement along Old Underwood Road. Utilities - Currently, there are sufficient water and sewer facilities to serve this property. It will be applicant's responsibility to provide any structures or improvements necessary to accommodate increased demand of water and sanitary sewer for future development. Fire protection and storm water management are potential issues, which will be carefully reviewed with the site development plan. Additional fire hydrants and on-site detention shall be required for the property. ConclusionlRecommendation: Per La Porte Development Ordinance 1444-B, this is classified as a Major Plat and the Planning and Zoning Commission is the approving authority for the subject plat. Staff finds the requested plat satisfies applicable provisions of the State Law and the City Ordinances. Staff recommends approval of a major Plat for Dow Hydrocarbons & Resources, Inc. ~. -,,~ .~'~~"..~'~"",~", 'I'"..",..:".~ "...._ "'1'" ~ ____~. ~.........! N N .' W: ~L . , S I fa ~ .. - DOW HYDROCARBONS SITE (727 UNDERWOOD RD.)