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HomeMy WebLinkAbout10-20-11 Regular Meeting,Public Hearing and Workshop of the La Porte Planning and Zoning CommissionPlanning and Zoning Commission Minutes of October 20, 2011 Members Present: Hal Lawler, Richard Warren, Phillip Hoot, Mark Follis, and Helen LaCour. Members Absent: Danny Earp, Les Bird, Doretta Finch, and Lou Ann Martin City Staff Present: Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Knox Askins; Planning Assistant, Shannon Green; and Chief Building Official, Debbie Wilmore. 1. Call to order Meeting called to order by Chairman Hal Lawler at 6:01 p.m. 2. Consider approval of September 15, 2011, meeting minutes. Motion by Richard Warren to approve the minutes of September 15, 2011. Second by Phillip Hoot. Motion carried. Ayes: Hal Lawler, Richard Warren, Phillip Hoot, Mark Follis, and Helen LaCour. Nays: None Abstain: None Open Public Hearing to receive public input on Special Conditional Use Permit #11- 91000005, which has been requested by Marcos Luna, property owner for the property described as Lots 7 & 8, Block 41, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant seeks approval of a permit for the development of an off -site parking lot for King's BBQ located at 521 West Main Street. Off -site parking is classified as a conditional use per City's Code of Ordinances. A. Staff Presentation Masood Malik, City Planner, gave staff's report. Sixteen public hearing notices were mailed to property owners within 200' of the subject property. One response in favor was received. B. Proponents 1. Paul Larson of 200 N. 4th Street spoke in favor of the Special Conditional Use Permit. Mr. Larson disseminated a copy of a letter from the adjacent neighbor, Floyd Brown of 113 S 5th Street. Mr. Brown is in favor of the Special Conditional Use Permit and requested a privacy fence not be installed. 2. Tom Hudgens of 3720 Bayou Drive spoke in favor of the Special Conditional Use Permit. Mr. Hudgens owns property adjacent to Kings BBQ and would like to see the parking lot built to prevent parking on his property. C. Opponents There were none. D. Proponents Rebuttal There were none. 4. Close Public Hearing. Chairman Hal Lawler closed the public hearing at 6:47pm. 5. Consider recommendation to City Council regarding Special Conditional Use Permit Request #11-91000005. The Commission asked staff to contact AT&T and request they install bollards to protect the utility boxes on the property. Planning and Zoning Commission Minutes of October 20, 2011 Page 2 of 3 Motion by Mark Follis to omit item # 7 of the Special Conditional Use Permit. Second by Phillip Hoot. Motion failed. Ayes: Mark Follis, and Phillip Hoot. Nays: Hal Lawler, Helen LaCour and Richard Warren. Abstain: None Motion by Phillip Hoot to change item # 4 of the Special Conditional Use Permit to move the 15' buffer to a 5' buffer. Second by Mark Follis. Phillip hoot withdrew his motion. Motion by Phillip Hoot to delete item # 5 of Special Conditional Use Permit. Second by Mark Follis. The motion failed. Ayes: Mark Follis and Phillip Hoot. Nays: Hal Lawler, and Richard Warren Abstain: Helen LaCour Motion by Richard Warren to recommend approval of Special Conditional Use Permit 11-9100005 with the following conditions: Permit Conditions: 1. This Special Conditional Use Permit is specifically limited to off -site parking for King's BBQ. 2. Off -site parking shall comply with all parking standards per Section 106-835 of the Code of Ordinances. 3. Screening and/or landscaping of parking lot with an approved material shall be required in accordance with Section 106-444(a) of the Code of Ordinances. 4. Maintain a 5-foot buffer with the southern property line and the parking stalls. Plant material to be installed in a double row (two-tier) configuration. Plant material installed with lower height vegetation on the most southern edge of the buffer and four foot high material on the northern most edge of the buffer. Plant material shall create a light barrier within four months (120 days) from the time of planting. 5. All lighting in the parking lot shall be hooded and arranged in a manner to deflect light away from the adjoining residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 6. A sign shall be installed at the property to prohibit unauthorized parking during non - business hours. 7. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Second by Phillip Hoot. Motion carried. Ayes: Mark Follis, Phillip Hoot, Hal Lawler, Richard Warren, and Helen LaCour. Nays: None Abstain: None 6. Open Workshop to discuss proposed regulations on group care facilities (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers) housing three (3) persons or less. Chairman Hal Lawler opened the workshop at 7:24pm. Debbie Wilmore, Chief Building Official, gave staff's report. The Commission was advised the Police Department recently received a complaint on a local group home. Following that complaint, staff determined the City had no existing group home regulations. The only reference found was in the City's Zoning Ordinance; however, group homes are currently "prohibited" which directly conflicts with State and Federal Fair Housing Laws. Planning and Zoning Commission Minutes of October 20, 2011 Page 3 of 3 During the staff presentation, Ms. Wilmore reviewed the SIC use description, a survey of surrounding cities and an area city's ordinance. In addition, the City's zoning sections dealing with definitions, home occupation, Table A - Residential Uses, Table B — Residential Area Requirements, free-standing on -premise signs and attached on -premise signs were reviewed. Along with the analysis and recommended requirements, the presentation included a "draft" Application for Group Care Facility Certificate. The Commission asked staff to review all the businesses listed under SIC #8361 (Residential Care), prior to the public hearing date, and identify uses they felt were protected and should be included verses uses that could be excluded. 7. Administrative Reports There were no Administrative Reports. 8. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information of existing policy. There were no Commission Comments. 9. Adjourn Motion to adjourn by Richard Warren. Second by Phillip Hoot. The motion carried. The meeting adjourned at 8:36p.m. S b itted by, / anion Green Planning Assistant Approved on this 1 day of 2011. Hal Lawler Chairman Planning and Zoning Commission