HomeMy WebLinkAbout09-25-14 Special Called Meeting of the Planning and Zoning Commission • Planning and Zoning Commission
Minutes of September 25, 2014
Commissioners Present: Richard Warren, Helen LaCour, Mark Follis, Lou Ann Martin,Wyatt
.Smith Nick Barrera Trey Kendrick and Hal Lawler
Commissioners Absent: Les Bird
City Council Members Present: Dottie Kaminski,John Zemanek,and Danny Earp
City Staff Present: City Manager Corby Alexander,Assistant City Manager Traci Leach,
Planning Director Tim Tietjens,City Planner Eric Ensey,Assistant City
Attorney Clark Askins,and Planning Coordinator Peggy Lee
1. Call to order.
Chairman Hal Lawler called the meeting to order at 6:02 p.m.
2. Roll Call of Members.
Commissioners Warren, LaCour, Follis, Martin,Smith, Barrera, Kendrick and Lawler were present
for roll call.
• 3. Consider approval of meeting minutes: August 21,2014,and September 4,2014.
Motion by Commissioner Smith to approve the meeting minutes of August 21,2014.
Second by Commissioner Warren. Motion carried.
n LaCour,Follis Martin Smith Barrera Kendrick and Lawler
Ayes: Commissioners Warren, ,
Y
Nays: None
Motion b Commissioner Barrera to approve the meeting minutes of September 4 2014.
Y PP g P
Second by Commissioner Kendrick. Motion carried.
Ayes: Commissioners Warren,LaCour, Follis, Martin,Smith,Barrera, Kendrick and Lawler
Nays: None
4. Open public hearing to receive input on Special Conditional Use Permit#14-91000001,a request
by CST Brands,Inc.on behalf of Port Crossing Land LP/ML Realty Partners for the construction of
a convenience store and gas station on a 3.45 acre tract described as Reserve H,Block 4,Port
Crossing,as recorded in record#20070102667,Harris County,Texas,and located at the
southwest corner of State Highway 146 and Wharton Weems.
Chairman Lawler opened the public hearing at 6:08 p.m.
Planning and Zoning Commission
Minutes of September 25,2014
Page 2 of 10
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a. Staff Presentation
City Planner Eric Ensey presented the staff report. CST Brands, Inc.,on behalf of Port
Crossing Land LP,has requested approval of a Special Conditional Use Permit(SCUP)to
allow construction of a convenience store and gas station on a 3.45 acre tract of land
located at the southwest corner of SH 146 and Wharton Weems.
Notification of the public hearing was mailed to all property owners(6)within 200 feet of
the subject site. No responses to the notification were received by the City; however,the La
Porte Independent School District submitted Resolution No.2014-22,"strongly opposing"
the requested SCUP.
Staff has reviewed the applicant's request and proposed the following conditions be placed
on the SCUP, if recommended for approval by the Commission:
1. A site development plan shall be submitted in accordance with applicable requirements
of the City of La Porte's Development Ordinance.
2. The plan shall comply with all other provisions of Chapter 106,"Zoning" of the City's
Code of Ordinances and all other department reviews and applicable laws and
ordinances of the City of La Porte and the State of Texas.
• 3. All necessary documentation for building permit review must be submitted in
conjunction with the city's building permit application process.
4. Existing landscaping and monument signage at the intersection of Wharton Weems and
SH146 planted as a"gateway"to the Port Crossing Business Park shall be maintained
and incorporated into the landscape plan and irrigation system required otherwise for
the development which shall also be maintained in compliance with the City's Code of
Ordinances.
5. Landscaping, including a combination of trees and shrubs shall be provided between the
west edge of pavement and the west property line in a manner so as to provide
screening to the adjacent property.Additional landscaping shall be provided in the area
between the south edge of pavement and the south property line.This landscaping shall
include a mix of trees and shrubs planted in a manner so as to create an amenity to the
site.At no time shall the landscape area south of the pavement edge show in the
proposal be paved or allowed for vehicle use or circulation.
6. A traffic study performed by a licensed engineer shall be required.The study must
ensure that the proposed development will not adversely impact the SH146-Wharton
Weems intersection as well as the SH 146 frontage road east of the proposed facility.
Any mitigation required by the study will be the responsibility of the applicant.
7. Vehicles may park within designated parking spaces only, except when fueling. No over-
night parking of vehicles is permitted on-site.The applicant shall record a separate legal
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Planning and Zoning Commission
Minutes of September 25,2014
Page 3 of 10
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deed restricting the overnight parking of vehicles on this site prior to the approval of a
site development plan by the city.
8. No more than_diesel truck fueling pumps are permitted.
9. TOOT and Harris County driveway permits shall be presented prior to permit issuance
for all driveways requested. Maximum driveway widths shall be provided in compliance
with city code requirements.
10. The pavement shall remain in good,operable,dust free condition over time, and that
repairs shall be made as necessary upon written notification by the city.
11. No trucks transporting"Hazardous Cargo"are allowed on-site at any time.Appropriate
signage prohibiting vehicles carrying hazardous cargo shall be posted at all driveway
entrances to the site.
12. "No loitering"signs shall be conspicuously posted outside the facility.
13. No shower facilities for customers are permitted on site at any time.
14. 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.
b. Applicant Presentation
The applicant,Cody Cristoph, real estate representative for CST Brands, Inc.,(retail division
formerly known as Valero),addressed the Commission. Mr.Cristoph spoke about the
amenities the development would offer the community.
c. Public Comments(for,against,or questions)
Margaret Anderson,909 Gardenwalk,spoke not as a representative of her newspaper
(Around La Porte), but as a property owner and lifetime resident of the City. Ms.Anderson
opposes the project citing it would not enhance the City nor would it increase property
values. Her reasons for opposition are as follows: 1)safety of students at nearby Bayshore
Elementary School,2) increased truck traffic,3) negative impact on marketability of homes
in Lakes of Fairmont Greens, Baypoint Townhomes,Shady River,and Shoreacres. Ms.
Anderson noted that even if the project did not include diesel fueling pumps,there would
still be no need for another convenience store as she listed a number of convenience stores
already operating in close proximity to the subject site. Information about the project was
posted on"Around La Porte"facebook receiving 41 posts in favor and 72 posts against.
Virginia Pierson-Turner,231 Bayside Drive,spoke in opposition to the project due to its
negative impacts on property values. Having banking experience in the commercial real
• estate market, Ms.Turner has seen how La Porte has become a city where people come to
work, but not to live.
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Brett Stout,523 Fairway Dr.,opposes the project. Mr.Stout,whose son attends nearby
Bayshore Elementary School,has security concerns surrounding the proposed development.
James Dove, 2310 Eagle Lane,spoke against the project. Mr. Dove has spent 30 years in the
trucking industry and believes the development would not create an environment anyone
would want to live around. He noted the high speed fueling pumps being proposed would
not prevent trucks from stacking up,either in the pump area or along the side streets.
Tony DeLeon,606 Fairway Dr.,opposes the proposed development he referred to as a truck
stop. Mr. DeLeon believes a convenience store at that location would contribute to
worsening truck traffic by the trucks stopping instead of moving on through town.
Ryan Lovell, developer of Port Crossing Commerce Center,feels the proposed use is
consistent and compatible with the business park. Mr. Lovell spoke of the ten million dollars
worth of improvements at Port Crossing. He asked the Commission for favorable approval
of the retail development,which would help to diversify the TIRZ.
William (Bill) Morris,engineering and architectural consultant for the project,addressed the
Commission. Mr. Morris noted that most of the real estate is dedicated for the convenience
store and the three high speed diesel fueling lanes were added to move trucks through
• quickly.
Bernard Legrand,3115 Layne Court, believes the project is a truck stop,which would add to
the truck problem. Mr. Legrand does not think it is a good idea to mix trucks with people
and housing.
Matt Gamblin,511 Fairway Dr.,addressed the Commission. Mr. Gamblin purchased his
home because there are nice neighborhoods around the golf course area. He opposes the
project because the facility would attract more trucks.
Phillip Hoot, 927 Seabreeze, representing La Porte Independent School District,spoke in
opposition to the project. Mr. Hoot stated the northbound exit ramp on SH 146 is confusing
and the development would cause trucks to exit near the school causing safety concerns for
the children at Bayshore Elmentary School.
Evelyn Aaron,503 Fairway Dr.,opposes the project due its close proximity to the
elementary school and family-oriented housing.
d. Question and Answer
James Dove, 2310 Eagle Lane, inquired as to whether the applicant has ever lived near one
of his developments.
S. Close public hearing.
• Chairman Lawler closed the public hearing at 6:45 p.m.
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6. Consider recommendation to City Council on Special Conditional Use Permit request#14-
91000001.
Commissioner Barrera asked if the project would still be viable if it were approved without the
diesel fuel pumps. Ryan Lovell responded he believed it could be viable;however,their request,as
submitted,includes the pumps.
Commissioner Barrera inquired as to whether there would be sufficient driveway access from the
frontage road according to TOOT standards. The project engineer,William Morris,stated if the
project is approved they would make application with TOOT for driveway permits for both the
frontage road and Wharton Weems. Ingress/egress maneuvering of trucks within the site was
discussed.
Commissioner Follis inquired about Item 7 of the draft Special Conditional Use Permit regarding
no overnight parking being allowed. Planning Director Tim Tietjens confirmed that the condition
would also apply to trucks.
Commissioner Smith asked if there would be implications for the City if not approved. Assistant
City Attorney Clark Askins said there would not as the City has discretion in making its decision.
• Ryan Lovell stated any rumors that a lawsuit would be filed if the project were not approved,are
simply not true.
Commissioner Martin inquired about the definition of long term parking and how it would be
handled if a vehicle was on the site for an extended period. Ryan Lovell stated it had not been a
problem at their other locations, but if it ever occurred,the police would be called.
Commissioner Smith commented that whether there are designated truck parking spaces or not,
trucks will still have to wait and will be stacked up or parked along the roadway. Commissioner
Warren agreed with Commissioner Smith's comment.
Commissioner Martin inquired about plans for the one-acre to the south of the proposed
development. Ryan Lovell responded there are no plans for the land.
Commissioner Martin inquired about a previous TIRZ comment made by Mr. Lovell. Mr.Lovell
explained the situation Port Crossing finds itself in with regard to the TIRZ.
Marshall Clinkscales, real estate representative for the applicant,stated that it has been difficult to
market the property due to the lack of rooftops in the area.
Commissioner Follis suggested the project would be more palatable if the diesel pumps were not
part of the development.
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Planning and Zoning Commission
Minutes of September 25,2014
Page 6 of 10
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Motion by Commissioner Warren to recommend to City Council,denial of Special Conditional Use
Permit#14-91000001.
Second by Commissioner Martin. Motion carried.
Ayes: Commissioners Warren,LaCour,Follis,Martin,Smith,Barrera,Kendrick and Lawler
Nays: None
Chairman Lawler called for recess at 7:18 p.m. The meeting reconvened at 7:30 p.m.
7. Consider a request for approval of an amendment to the City's Future Land Use Map amending a
1.0833 acre tract of land further described as all of Tracts 319B and 320B,La Porte Outlots(also
known as 11814 N.P Street),and a 0.091 acre portion of Tract 320,La Porte Outlots(also known
as 1502 Sens Road),Harris County,Texas,from"Commercial"to"Large Lot Residential."
Agenda Item#7 is in conjunction with Agenda Item#8;therefore,City Planner Eric Ensey presented
the staff report for both items under Agenda Item#8.
Motion by Commissioner Kendrick to approve an amendment to the City's Future Land Use Map
amending a 1.0833 acre tract of land known as 11814 N.P Street and a 0.091 acre portion of land
known as 1502 Sens Road from Commercial to Large Lot Residential.
• Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Warren,LaCour,Follis, Martin,Smith,Barrera,Kendrick and Lawler
Nays: None
8. Open public hearing to receive input on an application for Zone Change#14-92000002 by Joe
Berry and Judy Berry,owners of a 1.0833 acre tract of land further described as all of Tracts 319B
and 320B,La Porte Outlots(also known as 11814 N.P Street),and 0.091 acre portion of Tract 320,
La Porte Outlots(also known as 1502 Sens Road),Harris County,Texas,a rezoning from GC,
General Commercial,to LL,Large Lot Residential.
Chairman Lawler opened the public hearing at 7:32 p.m.
a. Staff Presentation
City Planner Eric Ensey presented the staff report for Agenda Items 7&8 simultaneously.
Mr. Ensey reported on a zone change request by Joe Berry and Judy Berry to rezone the
property at 11814 N. P St.from General Commercial to Large Lot Residential. The City's
Land Use Map identifies the property as a commercial use,which necessitates the need for
a Land Use Map amendment. Mr.Ensey also presented the staff report for the Land Use
Map amendment.
• Judy Berry, owner of 1502 Sens Road,intends to sell a 36.9'x 100' portion of her lot to her
son Joe Berry,owner of 11814 N. P Street. Mr. Berry is proposing to construct an accessory
Planning and Zoning Commission
Minutes of September 25,2014
Page 7 of 10
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structure to be used as a storage/workshop. If approved,the rezone would remove the
nonconforming status of Mr.Berry's property as it is currently zoned General Commercial.
Notices of public hearing were mailed to eight property owners located within 200'of the
subject property. The City received one response in favor of the request.
b. Applicant Presentation
The applicant,Joe Berry,addressed the Commission. Mr. Berry stated the building will not
have any utilities;it will simply be used as his personal work space.
c. Public Comments(for,against,or questions)
Lisa Berry, 1118 N.Ave. P, requested favorable consideration of the requests.
d. Question and Answer
N/A
9. Close public hearing.
• Chairman Lawler closed the public hearing at 7:45 p.m.
10. Consider recommendation to City Council on Zone Change request#14-92000002.
Motion by Commissioner Kendrick to recommend to City Council,approval of Zone Change
request#14-92000002 rezoning a 1.0833 acre tract of land known as 11814 N.P Street and a
0.091 acre portion known as 1502 Sens Road from General Commercial to Large Lot Residential.
Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour,Follis, Martin,Smith, Barrera, Kendrick and Lawler
Nays: None
11. Open public hearing to receive input on proposed modifications to Chapter 106(Zoning)of the
City of La Porte's Code of Ordinances in connection with the comprehensive review of Chapter
106(Zoning)by the Chapter 106(Zoning)Subcommittee of the La Porte Planning and Zoning
Commission.
Chairman Lawler opened the public hearing at 7:45 p.m.
a. Staff Presentation
City Planner Eric Ensey presented the staff report on proposed modifications to Chapter 106
of the Code of Ordinances. In addition to the standard public notification process,direct
• invitations for this meeting were mailed to various members of the development
community,i.e.design professionals, engineers,etc. Mr. Ensey provided an overview of the
Planning and Zoning Commission
Minutes of September 25,2014
Page 8 of 10
Chapter 106 subcommittee's recommended modifications to the Zoning Ordinance. The
proposed changes,which were described in greater detail, pertain to the following sections:
m General modifications
m Definitions (Section 106-1)
• Board of Adjustment(Article II, Division 2,Subdivision III)
• Permits(Article II, Division 4)
o Nonconforming Lots of Record (Section 106-268)
o Commercial and Industrial Uses Table(Section 106-310)
o Visibility Triangle(Section 106-311)
• Table B, Residential Area Requirements (Section 106-333)
m Special Use Performance Standards for Residential (Section 106-334)
e Commercial Uses Table (Section 106-441)
o Commercial Area Requirements Table(Section 106-443)
s Commercial Performance Standards (Section 106-444)
e Main Street District With Overlay(Article III,Division 3,Subdivision V)
o Mixed Use District(Article III, Division 3,Subdivision VI)
• Industrial Uses (Section 106-521)
m Table A, Industrial Area Requirements(Section 106-522)
Industrial Performance Standards(Section 106-523)
o Location of Heavy Truck Uses(Section 106-746)
• a Dumpster Enclosures(Section 106-752)
• Landscaping(Section 106-800)
• Tree Preservation(Section 106-801)
• Tree Fund (Section 106-803)
Visibility Triangles(Section 106-805)
o Parking Design Standards (Section 106-835)
o Parking Location (Section 106-837)
• Number of Parking Spaces Required (Section 106-839)
• On-Premises Signs(Section 106-874)
• Design Guidelines(Article IX)
Commissioner Follis suggested continuing the public hearing to the following meeting in order
to allow additional review time and to be responsive to Council Members'concerns.
b. Applicant Presentation
N/A
c. Public Comments(for,against,or questions)
Former Commissioner and Chapter 106 Subcommittee member Phillip Hoot spoke briefly
about design standards and the tree fund.
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Planning and Zoning Commission
Minutes of September 25,2014
Page 9 of 10
Alaine Hinds, 11816 Plainbrook,spoke in favor of the proposed ordinance change that
would allow her to park beside the paved driveway at her home in the Lomax area of La
Porte. Currently,she must pull her vehicle into the grassy area alongside her driveway in
order for the school bus toull into the driveway twice a day to pick-up and drop off her
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disabled daughter.
Michael Pate, representing Electric Guard Dog in Columbia,South Carolina,addressed the
Commission. His company installed an electrical security fence at a La Porte business only
to later learn it was not allowed. After describing the system and its benefits, Mr. Pate
asked the Commission to consider allowing its use in commercial and industrial areas of La
Porte during this zoning review process.
d. Question and Answer
Commissioners had additional questions for Mr. Pate about his product and then suggested he
seek remedy from the Zoning Board of Adjustment(ZBOA). Mr.Pate was not interested in
pursuing a decision from the ZBOA since he has been unsuccessful in getting a favorable
decision from various boards in other cities.
Commissioners indicated they would not be interested in beginning a review on Mr.Pate's
request during this zoning review process.
i12. Close public hearing.
The public hearing was not closed.
Motion by Commissioner Warren to postpone the public hearing until October 16,2014,at 6:00
p.m.
Second by Commissioner Follis. The Commission recognized a conflict with the APA Conference
on October 16.
Motion by Commissioner Kendrick to amend the previous motion to postpone the public hearing
until October 30,2014,at 6:00 p.m.
Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Warren, LaCour,Follis,Martin,Smith,Barrera,Kendrick and Lawler
Nays: None
13. Consider recommendation to City Council on proposed modifications to Chapter 106(Zoning)of
the City of La Porte's Code of Ordinances in connection with the comprehensive review of
Chapter 106(Zoning)by the Chapter 106(Zoning)Subcommittee of the Planning and Zoning
Commission.
• See item 12 above.
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Minutes of September 25,2014
Page 10 of 10
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14. Administrative reports.
There were no administrative reports.
15. Commission Comments on matters appearing on the agenda or inquiry of staff regarding specific
factual information or existing policy.
There were no Commission Comments.
16. Adjourn
Motion by Commissioner Warren to adjourn.
Second by Commissioner Barrera. Motion carried.
Ayes: Commissioners Warren, La Cour,Follis, Martin,Smith,Barrera, Kendrick and Lawler
Nays: None
Chairman Lawler adjourned the meeting at 9:00 p.m.
Respectfully submitted,
•
Pegg
Secretary, Planning and Zoning Commission
Passed and Approved on J� ,2014.
Hal Lawler
Chairman, Planning and Zoning Commission