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HomeMy WebLinkAbout07-18-13 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning CommissionCommissioners Present: Commissioners Absent: City Staff Present: 1. Call to order. Planning and Zoning Commission Minutes of July 18, 2013 Richard Warren, Phillip Hoot, Helen LaCour, Danny Earp, Mark Follis, and Hal Lawler Doretta Finch, Lou Ann Martin, and Les Bird City Planner Masood Malik, City Engineer Julian Garza, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee Meeting called to order by Chairman Hal Lawler at 6:02 p.m. 2. Roll Call of Members. Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler were present for roll call. 3. Consider approval of June 20, 2013, meeting minutes. Motion by Commissioner Hoot to approve the June 20, 2013, meeting minutes. Second by Commissioner Follis. Motion carried. Ayes: Commissioners Warren, Hoot, LaCour, Earp, Follis, and Lawler Nays: None 4. Open Public Hearing to receive public input on Rezone Request #13-92000001, which has been requested for 12.2544 acres of land being a portion of a 17.7717 acre tract of land located along Canada Road, further described as TRS 692C, 693B, 706 and 707, La Porte Outlots as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have the property rezoned from General Commercial (GC) to High Density Residential (R-3) for proposed Mariposa Apartment Homes at Pecan Park. Chairman Lawler opened the public hearing at 6:05 p.m. A. Staff Presentation City Planner Masood Malik presented the staff report. The applicant has requested 12.2544 acres along Canada Rd. be rezoned from General Commercial to High Density Residential for the purpose of developing 180 apartment homes to be known as Mariposa Apartment Homes at Pecan Park. Public hearing notices were mailed to 21 property owners located within 200' of the subject site. The City received two responses in favor of the rezone. Planning and Zoning Commission Minutes of July 18, 2013 Page 2 of 6 Staff recommended approval of the zone change request with a stipulation that the developer provide written confirmation of a tax credit award for the project from the Texas Department of Housing and Community Affairs. B. Proponents Casey Bump, 800 W. 3`d, Austin, Texas, representing Bonner Carrington, addressed the Commission. Mr. Bump briefly described the project and provided Commissioners a handout with photos of properties developed by Bonner Carrington similar to the development being proposed. On July 25, the Texas Department of Housing and Community Affairs is expected to announce official confirmation of a housing tax credit award for the proposed development. A condition of the award requires submittal of proof of zoning. C. Opponents There were no opponents. D. Proponents Rebuttal There were no rebuttals. 5. Close Public Hearing Chairman Lawler closed the public hearing at 6:19 p.m. 6. Consider recommendation to City Council regarding Rezone Request #13-92000001 for change from General Commercial (GC) to High Density Residential (R-3) for 12.2544 acres of land located along Canada Road. Motion by Commissioner Follis to recommend to City Council, approval of Rezone Request #13- 92000001 rezoning 12.2544 acres of land located along Canada Road from General Commercial (GC) to High Density Residential (R-3). Second by Commissioner Hoot. Motion carried. Ayes: Commissioners Warren, Hoot, LaCour, Earp, and Follis Nays: Commissioner Lawler 7. Open Workshop to discuss: Chairman Lawler opened the workshop at 6:19 p.m. Prior to commencement of discussion on Item 7.A., Commissioner Martin left the room recusing herself from discussions and then left the meeting at 6:45 p.m., prior to the conclusion of discussions. Planning and Zoning Commission Minutes of July 18, 2013 Page 3 of 6 A. Prospect of a potential Zone Change from Business Industrial (BI) to Light Industrial (LI) for a property located along Fairmont Parkway at Bay Area Boulevard. Planning Director Tim Tietjens presented the staff report and a map of deed restricted areas. In attempt to develop his property, applicant and owner, A.J. Smith III, has requested a 3%2 acre tract at the northwest corner of Fairmont Parkway and Bay Area Boulevard be discussed for the possibility of rezoning from Business Industrial to Light Industrial. To prevent spot zoning, the rezone request also would include a strip between Bay Area Boulevard and the pipeline easement east of Quality Inn. The Association of Bayport Companies (ABC) will not allow any retail or commercial development of the applicant's property due to it being an inappropriate application of use for lands around the Bayport Industrial District. Some individual properties around the District were sold with deeds containing language limiting the use to industrial only and with no reference to the more restrictive covenants of the ABC. The Association has indicated to the applicant it would agree to allow a light industrial use if the City were to rezone the property to Light Industrial. The situation is further complicated for the applicant by the City's classification of the property as Business Industrial, which does not include more intensive Light or Heavy Industrial uses. The Commission and staff discussed the item and then Chairman Lawler allowed input from the audience. A.J. Smith, owner of the subject property addressed the Commission. Mr. Smith wants the ability to utilize his property in the same manner as neighboring properties. Mr. Smith noted he is being taxed a great deal by the appraisal district for land he is unable to develop. Cheryl Westmoreland, 10908 Sycamore North, and President of the Fairmont Park East Homeowners' Association, addressed the Commission in opposition to the proposed rezoning. Chris Corin, longtime resident of La Porte, addressed the Commission. He inquired about the existing vs. pre-existing status of the current developed properties within the strip being proposed for rezoning and expressed his view regarding selective enforcement of zoning. David Janda, 3601 E. Desert Dr., addressed the Commission. Mr. Janda expressed disappointment he did not hear the Commission first and foremost take into account what the citizens of the area may want. Mike Prasek, 10925 Dogwood Dr., addressed the Commission in opposition to the proposed rezoning. The Commission, by consensus, directed staff to meet again with the ABC to request their written definition of "industrial" and to have them refer to the North American Planning and Zoning Commission Minutes of July 18, 2013 Page 4 of 6 Industry Classification System (NAICS) manual to prepare a list of industrial uses they would deem acceptable. Staff was also asked to provide Mr. Smith with a list of uses allowed in the City's Business Industrial District. B. Additional Truck Routes along S. 16th Street Planning Director Tim Tietjens presented the staff report. The City received a request from Alton Ogden to have a portion of S. 140 St. between W. E St. and the section of W. F St., between S. 16th St. and S. 14th St., designated as a truck route to accommodate additional proposed developments in the Sector 23 area. Any change to the Truck Route Map would require amending Chapter 70 and Chapter 106 of the Code of Ordinances if use -related narrative was amended. Commissioner Follis suggested if the idea is to limit where trucking terminals can be located, then it should be regulated through zoning and not by amending the truck route map. Otherwise, the section of the Zoning Ordinance that regulates where truck terminals can be located should be removed and the requested truck route granted. Commissioner Hoot wanted to ensure any direction the Commission provided did not commit the City financially to any additional truck route roadway maintenance. His main concern is not with the individual routes, but rather the overall plan to route trucks through the City. Commissioner Warren was concerned with roadway maintenance costs, and he wanted to ensure what the citizens want is taken into consideration if routes are suggested for change. Chairman Lawler allowed input from the audience and cautioned about the impacts of additional truck routes in the city. Jeff Burkhalter, 63 Sterling Rd., Natchez, MS, partner in Oakland Land and Development, addressed the Commission. Mr. Burkhalter spoke in favor of the requested additional truck route designations and shared photos with the Commission of other properties they have developed. Alan Ward, 4731 Louise, Seabrook, area realtor, addressed the Commission in favor of the added truck routes. Mr. Ward referred to a business that was denied building occupancy at 1812 W. D because it was deemed a trucking terminal, yet 150-200 concrete trucks and trucks from neighboring businesses are allowed to use the same roads. Mr. Ward spoke of a recent street closing by Mr. Walter Johnson, without Oakland Land and Development having an opportunity to offer input. Bill Campbell, 1404 N. Sam Houston Pkwy, #140, engineer for Oakland Land and Development, addressed the Commission. Mr. Campbell spoke about implications of not allowing the developer truck route access as it limits their ability to develop the property in accordance with its zoning designation. Planning and Zoning commission Minutes of July 18, 2013 Page 5 of 6 Ben Stanford, 10301 N.W. Frwy., #408, spoke in favor of allowing legalized truck ingress/egress for the developer to access his property. Commissioner Earp suggested staff prepare a recommendation to bring to the Commission for consideration. 8. Administrative Reports A. Status of Dust Free Surface regulation criteria Planning Director Tim Tietjens reminded the Commission of Council's recent approval of a Planning Department policy allowing the use of "chip seal" as an acceptable dust free paving material. B. Update of La Porte Code of Ordinances Chapter 106 (Zoning) Review City Planner Masood Malik reported the subcommittee has been working on converting the Zoning Ordinance use tables from SIC to NAICS. Subcommittee Chairman Mark Follis reported there were approximately 500 uses not previously classified that now will be easier to identify. Final edits are underway. Mr. Tietjens acknowledged members of the subcommittee and staff for the incredible amount of work they put into converting the use tables. 9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Hoot noted the health and safety of the residents was a priority during the zone change from BI to LI workshop item earlier in the meeting. Commissioner Warren thanked the subcommittee for their work and cautioned about approving requests for additional truck routes based on financial gains for the City without regard for what the citizens want. Commissioner Follis commented he always takes citizens and property owners rights into consideration and does not make decisions to appease any special interest groups or individuals. Commissioner Bird thanked the audience for providing input and commented the Commission should continue to do what it has been doing, which is taking into consideration what is best for the citizens of La Porte. Chairman Lawler enjoyed the group participation during the workshops and thanked everyone for their input. Planning and Zoning Commission Minutes of July 18, 2013 Page 6 of 6 10. Adjourn Motion by Commissioner Warren to adjourn. Second by Commissio er Hoot. Motion carried. Ayes: Commissioners Warren, Hoot, Follis, Earp,d awler Nays: None Chairman Lawler adjourned the meeting at 9:22 p.m. Respectfully submitted, Peggy Lev V Secretary, Planning and Zoning Commission Passed and Approved on Prn� 0 , 2013. Hal Lawler Chairman, Planning and Zoning Commission