HomeMy WebLinkAbout03-21-13 Regular Meeting and Public Hearing of the La Porte Planning and Zoning CommissionPlanning and Zoning Commission
Minutes of March 21, 2013
Commissioners Present: Richard Warren, Helen LaCour, Phillip Hoot, Les Bird, Danny Earp, and Hal
Lawler
Commissioners Absent: Lou Ann Martin, Mark Follis, and Doretta Finch
City Staff Present: City Manager Corby Alexander, Assistant City Manager Traci Leach, Planning
Director Tim Tietjens, City Planner Masood Malik, Assistant City Attorney Clark
Askins, and Office Coordinator Peggy Lee
1. Call to order.
Meeting called to order by Chairman Hal Lawler at 6:03 p.m.
2. Roll Call of Members.
Commissioners Warren, Lacour, Hoot, Bird, Earp, and Lawler were present for roll call.
3. Consider approval of February 21, 2013, meeting minutes.
Motion by Commissioner Bird to approve the February 21, 2013, meeting minutes. Second by
Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
4. Open Public Hearing to receive citizen input on Special Conditional Use Permit #13-91000001, for
the property located at 1926 South 16th Street, further described as 5 acre tract TR 1 B-1, in the
William P. Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. Reese Brown, on behalf
of Buffalo Horn Investment, LLC. property owner, seeks approval for building approximately
100,000 sq. ft. office/warehouse within Planned Unit Development (PUD) zone.
Chairman Lawler opened the public hearing at 6:05 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff presentation on a request by Buffalo
Horn Investment for a special conditional use permit (SCUP) to construct a 100,000 SF
tilt wall office/warehouse facility on a five -acre tract at the corner of McCabe Rd. and
S. 16th Street. Staff recommended approval of the SCUP with the six conditions listed
in the report.
Public hearing notices were mailed to five property owners located within 200 feet of
the subject property. No responses were received from the mail -out, but staff did
respond to several phone inquiries about the site.
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Minutes of March 21, 2013
Page 2 of 6
B. Proponents
There were no proponents.
C. Opponents
Ryan Lovell, on behalf of Port Crossing Commerce Center, addressed the Commission.
Mr. Lovell stated he was not necessarily opposed to the Commission granting the
special conditional use permit; however, he did request that any approval include a
stipulation that Port Crossing be compensated a proportionate share for the
applicant's use of the regional detention facility, which was constructed and paid for
by Port Crossing. Port Crossing is in a Tax Increment Reinvestment Zone; however the
only reimbursement from the City to date has been interest payments.
During questions from the Commission, it was noted by the Planning Director Tim
Tietjens that the regional detention facility constructed by Port Crossing has been
dedicated and accepted by the City as a public facility. Commissioner Hoot suggested
that future PUD/TIRZ reviews should include consideration of the other properties
located within the TIRZ.
D. Proponents Rebuttal
There were no rebuttals.
s. Close Public Hearing.
Chairman Lawler closed the public hearing at 6:25 p.m.
Consider recommendation to City Council regarding Special Conditional Use Permit #13-91000001
for property located at 1926 South 16th Street.
Motion by Commissioner Earp to recommend to City Council, approval of Special Conditional Use
Permit #13-91000001 for property located at 1926 South 16th Street, with the following conditions:
1. This Special Conditional Use Permit is applicable for the subject property and subsequent plan dated
February 12, 2013, a copy of which shall be maintained in the files of the City's Planning Department.
Project development shall be consistent with such plan, except as otherwise specified in these conditions of
approval.
2. The plan shall comply with all other provisions of Chapter 106, "Zoning" of the City's Code of Ordinances.
3. Furnish the City a letter from Exxon/Mobil pertaining to the approval of pipeline easement and relocation.
4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant
change in the approved concept shall be subject to the Planning and Zoning Commission's review.
5. Exterior modifications, including signage and installation of refuse enclosures shall be reviewed by the
Planning Department.
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Minutes of March 21, 2013
Page 3 of 6
6. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte including
building permits, irrigation, landscaping, sidewalk provisions, fire access & suppression systems, and the
State of Texas.
Second by Commissioner Hoot. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
7. Open Public Hearing to receive citizen input on Special Conditional Use Permit #13-91000002, for
property located at 120 North 7th Street, further described as Lots 1 thru 9 and 34, Block 54, Town of
La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Deborah Giles, on
behalf of St. Mark United Methodist Church, property owner, seeks approval to build a church
within Main Street District (MSD) zone.
Chairman Lawler opened the public hearing at 6:30 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff presentation on a request by St. Mark
United Methodist Church for a special conditional use permit (SCUP) to construct a
church at 120 North 7th Street, located within the Main Street District. Staff
recommended approval of the SCUP with several conditions that included a condition
that the developer acknowledges the existence of an existing alcoholic beverage
business at 700 W. Main Street and waives the right for protection under Section 6-2
of the City's Code of Ordinances for this particular business in regards to church,
school, and daycare operations now and in the future. With regard to this condition,
the Commission and staff had a lengthy discussion about the possible impacts to the
applicant and to the businesses located within 300' that would sell/serve alcohol.
Public hearing notices were mailed to 16 property owners located within 200 feet of
the subject property. Three responses were received in favor of the request, and two
notices were returned undeliverable.
B. Proponents
Deborah Giles, Pastor of St. Mark United Methodist Church, addressed the
Commission. Pastor Giles stated there are no current plans to operate an accredited
school at this location. Current plans include worship, Sunday School, and other
church related activities. Future plans may or may not include a daycare.
Pastor Giles requested approval of the SCUP to allow construction of a new church to
replace the previous one, which was destroyed by a storm.
Nettie Warren, 212 N. 3.d Street, addressed the Commission. Ms. Warren approves of
the plans to rebuild the church and in the future, if the church wants to have an after -
school program they could easily construct another building on the property near Polk
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Minutes of March 21, 2013
Page 4 of 6
St. and N. 61h Street. Ms. Warren spoke of the importance of preserving African -
American churches and one of the first Methodist churches in La Porte.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
8. Close Public Hearing
Chairman Lawler closed the public hearing at 6:47 p.m.
9. Consider recommendation to City Council regarding Special Conditional Use Permit #13-91000002
for property located at 120 N. 7th Street.
Motion by Commissioner Hoot to recommend to City Council, approval of Special Conditional Use
Permit #13-91000002 for property located at 120 N. 71h Street, with the following conditions:
1. This Special Conditional Use Permit is specifically limited for the St. Mark United Methodist Church on
the above referenced property.
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. If applicant desires to operate a school on the site, a separate Special Conditional Use Permit shall
be required.
4. The Developer shall comply with all applicable laws and ordinances of the City including building
permits, irrigation, landscaping/screening, sidewalk provisions, and the State of Texas.
Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
Chairman Lawler called for a ten minute break at 7:12 p.m. Meeting reconvened at 7:24 p.m.
10. Receive Presentation by Mueller Management / Ron Cox Consulting on Planning Department
Organizational Review.
Planning Director Tim Tietjens provided a brief overview of the Council activities to date associated
with the Planning Department Organizational Review. The presentation by Mueller Management /
Ron Cox Consulting was previously presented to City Council; in turn, Council requested the
Commission have the opportunity to hear the presentation and to weigh-in on Planning and Zoning
related items that were included in the report.
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Minutes of March 21, 2013
Page 5 of 6
Alan Mueller and Ron Cox presented the Commission with their findings from the Planning
Department Organizational Review, as presented to Council during their February 18, 2013, meeting.
11. Discussion or other action regarding Planning Department Organizational Review and
Implementation Plan.
Mr. Tietjens described the format of the Implementation Plan and requested Commissioners provide a
yes or no recommendation on whether they believed we need to move forward on the Planning and
Zoning related items that were included in the report.. The items are listed below along with the
Commission's recommendations:
Communication
#9 Revise the Planning and & Zoning Commission public hearing agenda format. Yes
Cumbersome Process
#9 Establish a consistent philosophy to utilize PUD's to simplify, rather than complicate, development
applications. Yes
Organizational Culture Recommendations
#4 Establish and enforce a culture of mutual respect between the City Council, Planning Commission,
staff, and customers. Yes
#6 Establish Planning Commission bylaws and rules of procedure. Yes
Code Recommendations
Zoning Codes
Consider 19 identified amendments to the Zoning Ordinance and processes. Yes, excluding the
recommended amendment that would reduce the membership of the Planning and Zoning
Commission from 9 to 7 members.
Development Codes
Consider 10 identified amendments to the Development Ordinance and processes. Yes
Other Codes
Consider 6 identified changes to codes and processes related to development. Yes
12. Administrative Reports
Mr. Malik reported the following:
A pre -development meeting was held earlier in the week with developers proposing to construct a 3-4
story, 85-room, Hampton Inn, along S. 13th Street, next to Candlewood Suites.
The Zoning Ordinance Review Subcommittee is working on the use table, utilizing the recently
acquired NAICS 2012 manual.
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Minutes of March 21, 2013
Page 6 of 6
13. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
o Commissioner Warren appreciated the dialogue when working through the special conditional
use permit for St. Mark United Methodist Church.
o Commissioner LaCour thanked the consultants for their presentation.
o Commissioner Hoot, being a member of the subcommittee, stated the committee is looking at
policies related to how the codes are being interpreted and described the cumbersome task of
comparing the currently used SIC Codes with the NAICS Codes. Several citizens have
expressed an interest in participating on the subcommittee, so for the next meeting the
Commission agreed there would be an agenda item to discuss the possibility of appointing
citizens to the review committee.
o Commissioner Earp thanked the consultants for their presentation, but did not feel it was a fair
representation of how the Planning Department operates on a daily basis. And although he
understands the consultants were hired to identify shortcomings, he would have liked to see
some of the positive things the Department does highlighted in the report.
o Commissioner Bird thanked the consultants, City Administrators, and City Staff for their work,
and expressed his appreciation for the opportunity to serve on the Commission.
o Chairman Lawler thanked the consultants and reminded the group there is no "dumb"
question when it comes to working out the details needed to make an informed decision.
14. Adjourn
Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. Motion carried.
Ayes: Commissioners Warren, LaCour, Hoot, Bird, Earp, and Hal Lawler
Nays: None
Chairman Lawler adjourned the meeting at 9:12 p.m.
Re ctfully submitted,
Peggy
Secretary, Planning and Zoning Commission
Passed and Approved on 4 c 12013.
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Hal Lawler
Chairman, Planning and Zoning Commission