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Home My WebLink About09-19-13 Regular Meeting, Public Hearing and Workshop of the Planning and Zoning CommissionPlanning and Zoning Commission Minutes of September 19, 2013 Commissioners Present: Richard Warren, Phillip Hoot, Helen LaCour, Danny Earp, Doretta Finch, Lou Ann Martin, Mark Follis, and Hal Lawler Commissioners Absent: Les Bird City Staff Present: 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 6:01 p.m. 2. Roll Call of Members. Commissioners Warren, Hoot, LaCour, Earp, Finch, Martin, Follis, and Lawler were present for roll call. 3. Consider approval of July 18, 2013, meeting minutes. Motion by Commissioner Earp to approve the July 18, 2013, meeting minutes. Second by Commissioner Hoot. Motion carried. Ayes: Commissioners Warren, Hoot, LaCour, Earp, Finch, Martin, Follis, and Lawler Nays: None 4. Open Public Hearing to receive public input on Rezone Request #13-92000002, which has been requested for 17.3705 acres of land situated in the Richard Pearsall Survey, Abstract 625, La Porte, Harris County, Texas. Kenneth Schick, authorized agent for the trustee, seeks to have the property rezoned from General Commercial (GC) to Low Density Residential (R-1) for a proposed single-family residential subdivision at Sens Road and Spencer Highway. 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 17.3705 acres at Sens Road and Spencer Highway be rezoned from General Commercial to Low Density Residential for the purpose of developing a single-family residential subdivision. Public hearing notices were mailed to 35 property owners located within 200' of the subject site. Additional notification regarding the public hearing was sent from the District Councilman to the residents of Spencer Landing Subdivision. Staff recommended approval of the requested zone change and suggested an amendment to the future land use plan, which is currently inconsistent with the proposed use. Planning and Zoning Commission Minutes of September 19, 2013 Page 2 of 5 B. Proponents Alan Mueller, 4201 Broadway, Pearland, TX, representing the landowner, addressed the Commission. Mr. Mueller confirmed the area requested for rezoning is under contract to Beazer Homes for a 73-lot residential subdivision. In response to concerns from the Commission, Mr. Mueller stated a traffic impact analysis will be performed and having only one entrance/exit for the subdivision is allowed by ordinance for up to 120 lots. Rick Helton, 345 Josh Way, La Porte, TX, Vice -President of the Spencer Landing Homeowners' Association, addressed the Commission. Mr. Helton stated the Homeowners' Association Board of Directors is in favor of the proposed rezoning provided: • median average home price plan mirrors the Spencer Landing home prices • City notifies the Association of any changes to the plan such as detention, traffic flow, etc. that may have an impact on the Spencer Landing Subdivision, prior to any changes being implemented • traffic light is installed at Sens Road and D Street due to increased traffic Ken Schick, 4105 Crawford Rd., Spicewood, TX, property manager, real estate broker and principle, addressed the Commission. Mr. Schick believes the requested zoning is extremely compatible with neighboring properties. C. Opponents There were no opponents. D. Proponents Rebuttal There were no rebuttals. 5. Close Public Hearing Chairman Lawler closed the public hearing at 6:28 p.m. 6. Consider recommendation to City Council regarding Rezone Request #13-92000002 for change from General Commercial (GC) to Low Density Residential (R-1) for a 17.3705 acre tract of land located along Sens Road and Spencer Highway. Motion by Commissioner Martin to recommend to City Council, approval of Rezone Request #13-9200000 rezoning 17.3705 acres of land located along Sens Road and Spencer Highway from General Commercial (GC) to Low Density Residential (R-1). Second by Commissioner Follis. Motion carried. Ayes: Commissioners Warren, Hoot, LaCour, Earp, Finch, Martin, Follis, and Lawler Nays: None Planning and Zoning Commission Minutes of September 19, 2013 Page 3 of 5 7. Open Workshop to discuss: Chairman Lawler opened the workshop at 6:29 p.m. A. Truck Routes Planning Director Tim Tietjens presented the staff report. The workshop discussion centered around a proposal by the Zoning Ordinance Review Subcommittee involving a separation from the truck route ordinance in Chapter 70 of the Code of Ordinances from the land use component in Chapter 106. Commissioners recommended another workshop be held to discuss: • Definition of truck terminal • History of why N. 23`d Street was included as a truck route • History of how truck routes were determined • One -page bulleted list developed by staff outlining effects of both options • Inclusion of CAC, etc. in public hearing notification Commissioners thanked subcommittee members reviewing the Zoning Ordinance for the excellent progress to date. B. Planning and Zoning Commission Public Hearing Agenda Format City Planner Masood Malik presented the staff report. One of the recommendations of the Planning Department Audit Report was to revise the Planning and Zoning Commission public hearing agenda format as follows: A. Staff Presentation B. Applicant Presentation C. Public Comments (for, against, or simply questions) D. Question and Answer Commissioners found the revised format to be acceptable. Motion by Helen LaCour to revise the public hearing agenda format as proposed. Second by Phillip Hoot. Motion carried. Ayes: Commissioners Warren, Hoot, LaCour, Earp, Finch, Martin, Follis, and Lawler Nays: None C. Process of Nonconforming Development via Zoning Permits Planning Director Tim Tietjens presented the staff report. Mr. Tietjens spoke about a level of discretion the Planning Director has with regard to review and approval of zoning permits for the re -utilization of pre-existing non -conforming developments. The Zoning Ordinance requires nonconformities be avoided or eliminated where existing, wherever and whenever possible, except when necessary to preserve property rights, Planning and Zoning Commission Minutes of September 19, 2013 Page 4 of 5 etc. (Section 106-261— Generally), The Planning Director determines how and to what degree of nonconformity to implement compliance with current codes. Commissioner Hoot did not feel he had enough information on the subject. He has heard complaints that decisions are not being applied fairly, therefore would like to see the ordinance tightened up with more definition and less interpretation. Mr. Tietjens disagreed about fairly applying decisions and gave examples. Commissioner Hoot suggested it would be helpful to develop a summary of like issues over the past several years showing what decisions have been made by various Directors. In response to a question by Commissioner Hoot, Mr. Tietjens warned the Commission about the effects of additional steps in the process as the development community would object to the resulting bureaucracy and time delays. Commissioner Follis stated the subcommittee plans to review the ordinance and bring suggested changes to the Commission for consideration. The consent of the Commission was to have the Zoning Ordinance Review Subcommittee recommend if changes should occur. 8. Administrative Reports Status Update of Zoning Ordinance Review City Planner Masood Malik and Zoning Ordinance Review Subcommittee Chairman Mark Follis reported a preliminary draft of the NAICS table conversion from SIC has been completed for the most part, with the exception of several footnotes that need to be added. Chairman Lawler asked staff to reserve an entire meeting for the Commission to review the NAICS table. Mr. Malik requested Commissioners attending the APA Conference in Galveston to please contact him to finalize transportation plans. 9. Commission Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Commissioners Warren and LaCour thanked subcommittee members for their work on the Zoning Ordinance review. Commissioner Hoot asked for input from the Commission on the proposed NAICS table. Commissioner Martin thanked the subcommittee for their work and reported that D.R. Horton is built -out 60% in Lakes of Fairmont Greens Subdivision; sixteen homes will be built at Retreat at Bayforest North; and Dunkin Donuts is looking at the property at Sens Road at Spencer Highway. Chairman Lawler thanked subcommittee members for their hard work. 10. Adjourn Planning and Zoning Commission Minutes of September 19, 2013 Page 5 of 5 Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. Motion carried. Ayes: Commissioners Warren, Hoot, LaCour, Earp, Finch, Martin, Follis, and Lawler Nays: None Chairman Lawler adjourned the meeting at 8:50 p.m. Respectfully submitted, Peqggyy Secretary, Planning and Zoning Commission Passed and Approved on OC4� /7 ,2013. Hal Lawler Chairman, Planning and Zoning Commission