HomeMy WebLinkAbout03-17-11 Planning and Zoning Commission Planning and Zoning Commission
Minutes of March 17, 2011
Members Present: Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Richard Warren, and David
Janda.
Members Absent: Kirby Linscomb Jr., Doretta Finch, and Lou Ann Martin.
City Staff Present: Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City
Planner, Masood Malik; City Attorney, Clark Askins; and Planning Assistant,
Shannon Green.
1. Call to order
Meeting called to order by Chairman Hal Lawler at 6:03p.m.
2. Consider approval of February 17, 2011, meeting minutes.
Motion by David Janda to approve the regular meeting minutes of February 17, 2011, with the
following correction:
• Item #5; correct the address to read 401 North 2 Street.
Second by Dottie Kaminski. Motion carried.
Ayes: Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Richard Warren, and David
Janda.
Nays: None
Abstain: None
3. Open Public Hearing to receive citizen input on Special Conditional Use Permit Request #11-
91000003, for a 47.709 acre tract of land situated in the Johnson Hunter Survey, Abstract
No. 35, Harris County, Texas, containing all of Outlots 10 and 11, and Blocks 373, 374, and
376 all of Blocks 377, 378, 379, and 380 in the subdivision of Outlot 9 of the Nebraska
Syndicate Tract. La Porte Real Property, LLC., seeks this request for proposed development
of chassis /container yard at the Landfill Site #3 located at 901 North Broadway.
Chairman Hal Lawler opened the public hearing at 6:03pm.
A. Staff Presentation
Masood Malik, City Planner, gave staff's report on a request by La Porte Real Property,
LLC, for a special conditional use permit to develop a chassis /container yard at 901 North
Broadway.
Thirteen public hearing notices were mailed to property owners within 200' of the subject
property. No responses were received.
B. Proponents
The applicant, Brian Bommer, informed the Commission of a one million dollar bond in
place with Harris County.
C. Opponents
Phillip Hoot, 925 Seabreeze, was concerned with stacking containers four high at this
location.
D. Proponents Rebuttal
There were none.
4. Close Public Hearing.
Chairman Hal Lawler closed the public hearing at 6:36pm.
Planning and Zoning Commission
Minutes of Marchl7, 2011
Page 2 of 5
5. Consider recommendation to City Council regarding Special Conditional Use Permit
Request #11- 91000003.
Motion by Danny Earp to approve Special Conditional Use Permit #11- 91000003 with changes.
Danny Earp withdrew his motion.
After lengthy discussion regarding stacking containers two high rather than four high, David Janda
asked for a preliminary vote, to put on record, his opposition to amend Item # 4 of Special
Conditional Use Permit #11- 91000003, from four containers high to two containers high.
Motion by David Janda to deny the stacking of shipping containers as stated in item #4, from four
containers to allow stacking of two shipping containers high. City Attorney Clark Askins suggested
that the motion be in the affirmative. David Janda changed the motion to approve the stacking of
shipping containers as stated in item #4, from four containers to allow stacking of two shipping
containers high. Second by Danny Earp. Motion Carried.
Ayes: Hal Lawler, Dottie Kaminski, Danny Earp, and Richard Warren
Nays: David Janda and Les Bird.
Abstain: None
Motion by Danny Earp to approve Special Conditional Use Permit #11- 91000003 with the
following conditions:
1. This SCUP outlines in general terms the proposed Planned Unit Development. The
developer recognizes and understands that any future construction or development
anticipated by this SCUP and the approved plan shall require further submittal and
approval of plats, site plans, construction drawings etc.
2. Plan submittals shall be in accordance with this SCUP, ordinances and policies of the
City of La Porte and specifically Section 106 -216 & 217 of the Zoning Ordinance.
3. Proposed construction shall be in accordance with the TCEQ authorization for re- grading
and paving activities and not for construction of any enclosed structure or underground
utilities.
4. Stacking of shipping containers shall be permitted up to two (2) containers high.
5. Storm water drainage will require on -site detention to mitigate any adverse impact
associated with this development. North 8th Street will be graded from discharge point to
move the flow to the north into F101 Channel.
6. A statement from the owner /developer specifying clear responsibility for maintenance of
detention system shall be noted on the site plan.
7. The owner or developer shall develop a planting plan that includes Benthamii Eucalyptus
trees and creates a continuous visual screen. Trees shall be planted along North 8th
Street and 400 feet along J & H Streets from an intersection with North 8 Street.
Landscaping along North Broadway is also required in accordance with the City
ordinance.
8. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner /developer.
9. An application of geo -tech surfacing shall be applicable per manufacturer's specification.
Owner /developer shall provide proof to the City for on -site applications.
10. Provide the City a letter stating responsibility for the maintenance of the Landfill Site.
11. The owner /developer must secure a maintenance bond according to the City's
Ordinances, seek an approved alternate showing evidence of bonding insurance, or
participate in a "reserve fund mechanism" that establishes an account for the sole
purpose of maintenance of the Landfill Site for the lifetime of the project.
12. Owner /developer shall submit an annual report to the City describing maintenance
activity of landscaping /screening and surfacing occurring through annual period.
13. This permit does not become valid until a Development Site Plan is submitted to the City;
reviewed and approved in accordance with the requirements of the Development
Ordinance and this Special Conditional Use Permit.
Planning and Zoning Commission
Minutes of Marchl7, 2011
Page 3 of 5
14. The developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Second by Dottie Kaminski. Motion Carried.
Ayes: Hal Lawler, Dottie Kaminski, Danny Earp, Richard Warren, and David Janda.
Nays: Les Bird
Abstain: None
6. Open Workshop to discuss the following:
a. Yard Parking
Masood Malik, City Planner, gave staff's report.
The Commission discussed the parking of boats and RV's in the front and side yards of
residential areas. After discussing the current ordinance provisions, the Commission
concurred that no changes to the ordinance are necessary at this time.
b. Truck Routes
Masood Malik, City Planner, gave staff's report.
With recent developments in the La Porte area, particularly business /industrial parks, e.g.
Port Crossing, Underwood Business Park, and influence of the Bayport Expansion and
possible Cruise Terminal, trucking activities are projected to increase.
A list of recently designated truck routes follows:
1. Export Drive — from South 16 Street to State Highway 146
2. South 16 Street — from south of Export Drive to Wharton Weems Blvd. and
McCabe Road connecting with State Highway 146.
3. North Broadway — from north of Barbour's Cut Blvd. to North `L' Street.
4. North `L' Street — from west of North Broadway to North 8 Street.
5. North 8 Street — from North `L' Street to North 'J' Street connecting with State
Highway 146.
6. North 8 Street - from Barbour's Cut Boulevard to North 'H' Street with future
extension to North `J' Street.
7. North `E' Street — from North 16 Street to UPRR right -of -way line.
8. North 8 Street — Barbour's Cut Boulevard to a point 300 feet north of the north right -
of -way line of Barbour's Cut Boulevard.
Alton Ogden, owner of property in Sector 23, and developer, spoke in favor of adding truck
routes within Sector 23. Mr. Ogden provided the Commission with photos of developments in
La Porte similar to what he is proposing to develop. He also showed photos of developments
in La Porte that do not comply with existing requirements.
Linda Westergren, Sector 23 property owner, spoke in favor of a truck route designation for
affected properties in Sector 23, and discussed with staff, different interpretations of a truck
terminal.
John Zemanek, 3805 Oak Wilde Circle, spoke in favor of a truck route designation in Sector
23 as proposed, but would not favor changing the truck terminal definition.
Planning and Zoning Commission
Minutes of Marchl7, 2011
Page 4 of 5
Danny Earp asked staff to report the cost incurred by the city in the maintenance of the
proposed truck routes, research the adequacy of width for trucks, and review the potential tax
base if the truck route was designated.
John Lawler, 911 Oak Leaf, currently a student at the University of Texas, cautioned the
Commission on making decisions about truck routes that could adversely affect the quality of
life for the citizens of La Porte.
Linda Westergren, Sector 23 property owner, thanked John Lawler for his comments and
noted that there are no residential properties located within Sector 23.
c. Comprehensive Plan- Update
Masood Malik, City Planner, gave staff's report.
The La Porte 2020 Comprehensive Plan is an official public document that acts as a general
guide for how the City should grow and operate over a 20 year interval.
The first 5 -year update was performed in- house. The City is now 10 years into the 2020
Comprehensive Plan. During the pastl0 years there have been significant changes and other
major activities have occurred.
As communities face growth- related challenges, a need for professional planning services
arises. The Houston - Galveston Area Council (H -GAC) has introduced PlanSource, a program
designed to assist local governments in reducing costs and streamlining the procurement
process. PlanSource is a cooperative purchasing program for planning services, i.e.
comprehensive plan, land use, transportation, parks and recreations, economic development,
feasibility studies and visioning.
The City utilized H -GAC to locate a consultant or firm to accomplish this important
Comprehensive Plan update. Staff met with the planning consultant, Kendig Keast
Collaborative, and discussed goals and objectives of the Comprehensive Plan Update. The
planning consultant has assembled the scope of study; salient features are as follows:
• Citizen Involvement in the Planning Process
• Existing Information Review
• Structural Plan — Context, Land Use & Character, Downtown Master Plan, Parks &
Recreation Master Plan, Infrastructure & Growth Capacity, Community Mobility,
Economic Development, Implementation
• Deliverables
7. Administrative Reports
There were none.
8. Commission Comments
David Janda asked Masood Malik to report on new business in La Porte.
Mr. Malik reported "Carl's Jr." will be building at the SW corner of Spencer and Canada.
David Janda thanked John Lawler for his input during the meeting.
Richard Warren spoke about the need for Commissioners needing to stand by their decisions.
A. Matters appearing on agenda
B. Inquiry of staff regarding specific factual information or existing policy
9. Adjourn
Motion by Dottie Kaminski to adjourn. Second by Richard Warren. Motion Carried.
Planning and Zoning Commission
Minutes of Marchl7, 2011
Page 5 of 5
Ayes: Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Richard Warren, and David
Janda.
Nays: None
Abstain: None
Chairman Hal Lawler adjourned the meeting at 8:38pm.
ubmitted by,
A JL, Lfab
Shannon Green
Planning Assistant
Approved on this 01_ day of (2.t 04,Lo , 2011.
_640
Hal Lawler
Chairman Planning and Zoning Commission