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Home My WebLink About10-30-14 Regular Meeting of the Planning and Zoning Commission minutes Y Planning and Zoning Commission Minutes of October 30,2014 Commissioners Present: Richard Warren, Mark Follis,Wyatt Smith, Nick Barrera Trey Kendrick, Les Bird,and Hal Lawler Commissioners Absent: Lou Ann Martin and Helen LaCour Council Members Present: Dottie Kaminski,John Zemanek,and Danny Earp City Staff Present: 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 6:00 p.m. 2. Roll Call of Members. Commissioners Warren,Follis,Smith, Barrera, Kendrick, Bird, and Lawler were present for roll call. 3. Consider approval of meeting minutes: September 25,2014. Motion by Commissioner Warren to approve the September 25,2014,meeting minutes. Second by Commissioner Kendrick. Motion carried. Ayes: Commissioners Warren,Follis,Smith,Barrera,Kendrick,Bird,and Lawler Nays: None 4. Election of a Vice Chair. Motion by Commissioner Bird to nominate Richard Warren as Vice Chair. Second by Commissioner Barrera. Motion carried. Ayes: Commissioners Warren,Follis,Smith,Barrera,Kendrick,Bird,and Lawler Nays: None 5. Re-open public hearing to receive input on proposed modifications to Chapter 106(Zoning)of the City of La Porte 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 6:03 p.m. r Planning and Zoning Commission Minutes of October 30,2014 Page 2 of 6 a. Staff Presentation City Planner Eric Ensey presented the staff report on the proposed modifications to Chapter 106(Zoning)of the Code of Ordinances resulting from a comprehensive review of the chapter. A public hearing on this item was opened on September 25, 2014,and subsequently continued to the Commission's October 30, 2014, meeting. The subcommittee and staff met after the Commission's September 25,2014, meeting to discuss several remaining issues, prior to the Commission making a recommendation to City Council.The following summarizes changes to the version of Chapter 106 that was presented to the Commission at the September 25,2014, meeting: Sec. 106-680. Exterior building designs: The proposed modifications to this section impact the requirements for exterior building design of properties located within the city's TIRZ No. 1 zone.This was a provision that was over-looked by the Subcommittee. As a result of the new Design Guidelines in Article IX,the reference to 100% masonry is no longer applicable.The proposed language requires any new nonresidential development within the TIRZ zone to comply with the requirements of the Design Guidelines. If a property is not on a thoroughfare identified in Article IX or is located on a thoroughfare identified as a Tier 3,then the Tier 2 requirements apply. Sec. 106-800. Landscaping: The modifications to the landscaping provisions are an attempt to clarify a number of questions that are routinely asked by the public. First of all,the attempt was to move some requirements that were in subsections not appropriate to the regulation. For instance,there were spacing requirements of shrubs within the requirements for type of plants and materials.Secondly,there is an attempt to further clarify the requirements for landscaping within the perimeter planting strip. Shade trees are required within the planting strip along street frontages.There is an allowance for ornamental trees in locations where there are overhead utility lines. Shrubs are required to screen parking areas from the public right-of-way ARTICLE IX.DESIGN GUIDELINES: Changes to Division 1 of Article IX concern design guidelines in the GC and BI zone districts. BI properties along Highway 146 were left out of the original requirements and have been added.The reference to pitched roofs being considered toward the vertical articulation requirement has been removed.A minimum 3 on 12 pitch roof is required for Tier 1 roofs. References in (d)were modified to refer to the correct requirements. b. Applicant Presentation Refer to Staff Presentation above. c. Public Comments(for,against,or questions) There were no comments from the public. x Planning and Zoning Commission Minutes of October 30,2014 Page 3 of 6 d. Question and Answer There were no questions. 6. Close public hearing. Chairman Lawler closed the public hearing at 6:15 p.m. 7. 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 La Porte Planning and Zoning Commission. Motion by Commissioner Barrera to recommend to City Council,approval of the proposed modifications to Chapter 106(Zoning)of the City of La Porte Code of Ordinances as presented to the Commission on September 25,2014,including additional modifications presented to the Commission on October 30,2014,in connection with the comprehensive review of Chapter 106 (Zoning). Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren,Follis,Smith, Barrera,Kendrick,Bird,and Lawler Nays: None 8. Consider a recommendation for approval of an amendment to the City's Future Land Use Map amending a.380 acre tract of land further described as Lots 164,165,and 166,in Block 7,of Battleground Estates,Section 1,a Subdivision in Harris County,Texas according to the Map or Plat thereof recorded in Volume 41,Page 65 of the Map Records of Harris County,Texas,as re- platted to form portion of Lot 1 B,in Re-Plat filed and recorded with Harris County on June 15, 1994,under Harris County Clerk's File#P912525,from"Large Lot Residential"to"Low Density Residential." Agenda Item#8 is in conjunction with Agenda Item#9;therefore,City Planner Eric Ensey presented the staff report for both Items simultaneously. In conjunction with Agenda Item#9,Mr.Ensey reported on a zone change request by Joe Chambers to rezone a 0.380 acre tract described as the former Lots 164, 165,and 166,Block 7, Battleground Estates,Section 1 from Large Lot Residential to Low Density Residential in order to deed them to his daughter so she may construct a house. For this to occur,the City's Land Use Map would need to be amended as it currently identifies Lots 164-166 as Large Lot Residential. Motion by Commissioner Kendrick to approve an,amendment to the City's Future Land Use Map amending a 0.380 acre tract described as the former Lots 164,165,and 166,Block 7,Battleground Estates,Section 1,from Large Lot Residential to Low Density Residential. 1 Planning and Zoning Commission Minutes of October 30,2014 Page 4 of 6 Second by Commissioner Bird. Motion carried. Ayes: Commissioners Warren,Follis,Smith, Barrera,Kendrick,Bird,and Lawler Nays: None 9. Open public hearing to receive input on an application for Zone Change#14-92000003 by Joe Chambers,owner of a.380 acre tract of land,described as all of lots formerly designated as 164, 165,and 166,in Block 7,of Battleground Estates,Section 1,a Subdivision in Harris County,Texas according to the Map or Plat thereof recorded in Volume 41,Page 65 of the Map Records of Harris County,Texas,as re-platted to form portion of Lot 1 B,in Re-Plat filed and recorded with Harris County on June 15,1994,under Harris County Clerk's File#P12525,from Large Lot District (LL)to Low Density Residential District(11-1). Chairman Lawler opened the public hearing at 6:30 p.m. a. Staff Presentation City Planner Eric Ensey presented the staff report for Agenda Items 8&9 simultaneously. Mr.Ensey reported on a zone change request by Joe Chambers to rezone a 0.380 acre tract described as the former Lots 164,165,and 166,Block 7,Battleground Estates,Section 1 from Large Lot Residential to Low Density Residential in order to deed them to his daughter so she may construct a house. pp b. Applicant Presentation The applicant,Joe Chambers,addressed the Commission. Mr. Chambers agreed with staff's presentation and reiterated he is requesting the zone change in orderfor his daughter to build a house. c. Public Comments(for,against,or questions) Danny Earp, 1827 Lomax School Road, requested favorable consideration of the request. Mr. Earp believes it is important to protect land use in the Lomax area and this request makes sense. d. Question and Answer There were no questions. 10. Close public hearing. Chairman Lawler closed the public hearing at 6:35 p.m. Planning and Zoning Commission Minutes of October 30,2014 Page 5 of 6 11. Consider recommendation to City Council on Zone Change request#14-92000002. Motion by Commissioner Bird to recommend to City Council,approval of Zone Change request #14-92000003 rezoning a.380 acre tract of land,described as all of lots formerly designated as 164,165,and 166,in Block 7,of Battleground Estates,Section 1,from Large Lot District(LL)to Low Density Residential District(R-1). Second by Commissioner Warren. Motion carried. Ayes: Commissioners Warren,Follis,Smith,Barrera,Kendrick,Bird,and Lawler Nays: None 12. Consider approval of Vacating Plat#14-97000005 request by Eddie V.Gray,Trustee,for the Vacating Plat of Reserve 1"Only"of Fairmont Park East Business Park Reserves,1,3,4,5,and 6. Eric Ensey presented the staff report. At City Council's July 14,2014,meeting,approval was granted to rezone Reserve 1 of the Fairmont Park East Business Park from General Commercial to Low Density Residential. The approval was contingent upon the applicant,Eddie Gray,submitting a request and receiving approval to vacate that portion of the existing plat designated as Reserve 1, removing the commercial restriction to allow for residential use. Motion by Commissioner Warren to approve the Vacating Plat of Reserve 1 of Fairmont Park East Business Park. Second by Commissioner Kendrick. Motion carried. Ayes: Commissioners Warren,Follis,Smith,Barrera,Kendrick,Bird,and Lawler Nays: None 13. Consider approval of Major Development Site Plan#14-83000002 request by La Porte Independent School District to allow construction of a new elementary school building at the site of the existing Lomax Elementary School located at 10615 N.L Street. Eric Ensey presented the staff report on a request by La Porte Independent School District to allow construction of a new elementary school to replace the existing Lomax Elementary School at 10615 N.L Street. Adam Hutchinson,of Arbor Leaf Engineering,1002 Village Square Dr.,Tomball,Texas,responded to questions from the Commission. The Commission noted several deficiencies in the Site Plan including notation of detention areas and surface material for fire lane,as well as missing parking and detention calculations,and signature/seal of engineer. Motion by Commissioner Kendrick to postpone the item. i Planning and Zoning Commission Minutes of October 30,2014 Page 6 of 6 Second by Commissioner Follis. Motion carried. Ayes: Commissioners Warren,Follis,Smith,Barrera,Kendrick,Bird,and Lawler Nays: None 14. Administrative reports. Mr.Ensey reminded the Commission of the special called meeting scheduled for November 17tH 15. Commission Comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Commissioners thanked staff for their work and the members who attended the APA Conference in Frisco expressed appreciation for the opportunity. 16. Adjourn Motion by Commissioner Warren to adjourn. Second by Commissioner Barrera. Motion carried. Ayes: Commissioners Warren,Follis,Smith,Barrera,Kendrick,Bird,and Lawler Nays: None Chairman Lawler adjourned the meeting at 7:09 p.m. Respe ully submitted, Peggy L Secretary, Planning and Zoning Commission Passed and Approved on 1 2014. Hal Lawler Chairman, Planning and Zoning Commission