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HomeMy WebLinkAbout02-16-12 Regular Meeting and Public Hearing of the La Porte Planning and Zoning CommissionPlanning and Zoning Commission Minutes of February 16, 2012 Members Present: Hal Lawler, Richard Warren, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann Martin, Danny Earp, and Doretta Finch. Members Absent: Les Bird. City Staff Present: Assistant City Manager, Traci Leach; Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark Askins; Planning Assistant, Shannon Green; Chief Building Official, Debbie Wilmore; 1. Call to order Meeting called to order by Chairman Hal Lawler at 6:01 p.m. Tim Tietjens announced items 3, 4, & 5, were placed on the agenda as a contingency that Council would forward the item back to Planning and Zoning Commission. No public hearing was necessary as City Council took action at the February 13, 2012, City Council meeting. Chairman Hal Lawler asked for a roll call of members. Les Bird was not present. 2. Consider approval of January 19, 2012, meeting minutes. Motion by Phillip Hoot to table the January 19, 2011, meeting minutes. Second by Richard Warren. Motion carried. Ayes: Hal Lawler, Richard Warren, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann Martin, Danny Earp, and Doretta Finch. Nays: None Abstain: None 3. Open a Public Hearing to receive public input on Special Conditional Use Permit #11- 91000007, which has been requested by Billy Coleman of ACT Independent Turbo Services, Inc., on behalf of PPG Inc., property owner for the property described as Pt. TRS 1, 2A, 2, 4, 4A, and 23D, Bayport U/R, Section 1, Richard Pearsall Survey, Abstract No. 625, La Porte, Harris County, Texas. The applicant seeks approval of a permit for establishing a turbo machinery repair services facility to be located along Bay Area Boulevard near Spencer Highway within Planned Unit Development (PUD) district. This item was removed from the agenda. 4. Close Public Hearing. No public hearing was held. 5. Consider recommendation to City Council regarding Special Conditional Use Permit Request #11-91000007. The item was withdrawn. 6. Open Public Hearing to receive public input regarding proposed regulations governing operation of Group Care Facilities (a/k/a group homes, community homes, residential personal care homes, living centers and assisted living centers). Chairman Hal Lawler opened the public hearing at 6:24pm. A. Staff Presentation Debbie Wilmore, Chief Building Official, provided a recap of staff's report which included Commission comments from discussions at two workshops (October 20, 2011 & January 19, 2012) as well as the previous public hearing (November 17, 2011). Planning and Zoning Commission Minutes of February 16, 2012 Page 2 of 3 The Commission was reminded that currently under State and Federal laws, group care facilities are considered "protected" and cannot be excluded in residential zones. Existing city regulations prohibit "group care facilities" so these regulations should be updated to prevent conflict with State and Federal laws. The Commission has the opportunity to amend, add or delete regulations or criteria as part of the ordinance update. B. Proponents There were none. C. Opponents Chuck Rosa of 812 S. Virginia, spoke against passing the ordinance. D. Proponents Rebuttal There were none. 7. Close Public Hearing. Chairman Hal Lawler closed the public hearing at 7:14pm. 8. Consider recommendation to City Council regarding amendments to Chapter 106 "Zoning" of the Code of Ordinances, for the purpose of enacting regulations governing operation of Group Care Facilities. Motion by Danny Earp to approve with the following amendments; 1. Amend the existing "family' definition to distinguish between individuals taking care of family members and individuals operating a group care facility with residents who are "unrelated" to them. 2. Amend the proposed "group care facilities" definition to include ....unrelated to the proprietor of the dwelling and/or establishment and recovering substance users. 3. Amend proposed Section 106-334 0) (5) [Special use performance standards; residential] language to include.... unrelated to the proprietor of the dwelling and/or establishment.... 4. Amend the Application for Group Care Facility Registration Certificate: 5. Change proposed annual fee to $25.00. 6. Change Registration Requirement (#5) language shown on the Application for Group Care Facility Registration Certificate to read ....unrelated to the proprietor of the dwelling and/or establishment. Second by Doretta Finch. Ayes: Hal Lawler, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann Martin, Danny Earp, and Doretta Finch. Nays: Richard Warren Abstain: None Chairman Hal Lawler called for 10 min break at 7:58pm. Chairman Hal Lawler called the meeting back in session at 8:14pm. Planning and Zoning Commission Minutes of February 16, 2012 Page 3 of 3 9. La Porte Comprehensive Plan Update Tim Tietjens, Planning Director, informed Commission mid to late April is the target date to review and discuss the draft plan. Commission Members voiced concern with moving forward with the Comprehensive Plan Update without more information. Commission requested a workshop to review the update more thoroughly, and discuss edits in the language. Staff will schedule a Special Called Workshop in March, 2012. A. Overview of Chapter 5 & 6, Economic Development & Implementation Matt Bucchin, of Kendig Keast, gave a presentation on Chapter 5 & 6 of the Comprehensive Plan Update. 10. Administrative Reports There were none. 11. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information of existing policy. Commission Member Warren thanked everyone for attending. Commission Member Hoot requested unanswered questions and unchallenged directives to be included as part of the minutes. Commission Member Follis requested the Planning & Zoning Commission adopt bylaws. Commission Member Earp requested staff copy Commission Members with a copy of the "Heavy Hall Corridor". Commission Member Martin requested a link via email to the original Comprehensive Plan. 12. Adjourn Motion to adjourn by Richard Warren. Second by Helen LaCour. The motion carried. The meeting adjourned at 9:54p.m. Ayes: Hal Lawler, Richard Warren, Mark Follis, Helen LaCour, Phillip Hoot, Lou Ann Martin, Danny Earp, and Doretta Finch. Nays: None Abstain: None S fitted b annon Green Planning Assistant/► , Approved on this day ofc� , 2012. Hal Lawler Chairman Planning and Zoning Commission