HomeMy WebLinkAbout08-06-15 Special Called Meeting of the Planning and Zoning Commission Planning and Zoning Commission
Minutes of August 6, 2015
Commissioners Present: Trey Kendrick, Richard Warren, Helen La Cour, Nick Barrera, Lou Ann
Martin, Mark Follis,Wyatt Smith, Les Bird,and Hal Lawler
Commissioners Absent: None
City Staff Present: Assistant City Manager Traci Leach, Planning and Development Director
Tim Tietjens,City Planner Eric Ensey,Assistant City Attorney Clark
Askins,and Office 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 Kendrick,Warren, La Cour, Barrera, Martin, Follis,Smith, Bird,and Lawler were
present for roll call.
3. Consider approval of meeting minutes: July 16,2015.
Motion by Commissioner Kendrick to approve the meeting minutes of July 16,2015.
Second by Commissioner La Cour. Motion carried.
Ayes: Commissioners Kendrick,Warren, LaCour, Barrera,Martin, Follis,Smith, Bird,and
Lawler
Nays: None
4. Consider recommendation to the La Porte City Council on a proposed amendment to the
Future Land Use Map component of the La Porte Comprehensive Plan by amending the
designation for those tracts of land located between State Highway 146 and S.16th Street,and
between W. M Street and McCabe Road,and identified as 1)Tracts 113-3,Johnson Hunter
Survey,Abstract 35;Reserve D and Reserve G,Block 4; Reserve 1, Block 3;and Reserve K,
Block 2,of the Port Crossing Amending Plat,from"Business Industrial"to"Light Industrial';2)
Reserve E, Block 4 of the Port Crossing Amending Plat,from"Park and Open Space"to
"Business Industrial";and 3) Reserve M,Block 2, of the Port Crossing Amending Plat,from
"Business Industrial"to"Park and Open Space."
City Planner Eric Ensey presented the staff report on an amendment to the City's Future Land
Use Plan. The proposed amendment is intended to clarify the type of development that is
anticipated to take place with the Port Crossing area and to clean-up the land use designation.
This item was included on the July 16,2015, Planning and Zoning Commission agenda; however,
the Commission voted to continue the item to the August 6,2015,Special Called Meeting.
Staff responded to Commissioner's questions.
Planning and Zoning Commission
Minutes of August 6,2015
Page 2 of 6
Motion by Commissioner Martin to recommend to City Council, approval of an amendment to
the Future Land Use Map component of the Comprehensive Plan by amending the designation
for those tracts of land located between State Highway 146 and S. 16th Street,and between W.
M Street and McCabe Road,and identified as 1)Tracts 113-3,Johnson Hunter Survey,Abstract
35; Reserve D and Reserve G, Block 4;Reserve 1, Block 3;and Reserve K, Block 2,of the Port
Crossing Amending Plat,from "Business Industrial"to"Light Industrial'; 2) Reserve E, Block 4 of
the Port Crossing Amending Plat,from "Park and Open Space"to"Business Industrial";and 3)
Reserve M, Block 2, of the Port Crossing Amending Plat,from"Business Industrial"to"Park and
Open Space."
Second by Commissioner Follis. Motion carried.
Ayes: Commissioners Kendrick,Warren, LaCour,Barrera,Martin,Follis,Bird,and
Lawler
Nays: None
Abstain: Commissioner Smith
5. Consider approval or other action regarding a request by Port Crossing LP for approval of the
proposed Port Crossing Amending Plat.
City Planner Eric Ensey presented the staff report on an Amending Plat requested by Port
Crossing LP. The Amending Plat would clean-up the plat by removing all land use references
bringing the reserves into compliance with the underlying land uses identified in the City's
Future Land Use Plan.
Staff responded to Commissioner's questions.
Motion by Commissioner Follis to approve the Port Crossing Amending Plat.
Second by Commissioner Warren. Motion carried.
Ayes: Commissioners Kendrick,Warren, LaCour, Barrera,Martin, Follis,Bird,and Lawler
Nays: Commissioner Smith
6. Continue a public hearing from and opened during the July 16,2015 Regular Meeting of the
Planning and Zoning Commission to receive input on an application for Special Conditional Use
Permit#15-91000004,a request by Port Crossing LP,Port Crossing A3 LP,Port Crossing A4 LP,and
Port Crossing B4 LP to replace the Port Crossing SCUP#06-006(previously approved by the La
Porte City Council in 2006)for the 313 acre Port Crossing Business Park generally located west of
State Highway 146 between W.M Street and McCabe Road.
Chairman Lawler opened the public hearing at 6:40 p.m.
a. Staff Presentation
City Planner Eric Ensey presented the staff report on a request by Port Crossing, L.P.; Port
Crossing A3, L.P.; Port Crossing A4, L.P.;and Port Crossing B4, L.P.for a Special Conditional
Planning and Zoning Commission
Minutes of August 6,2015
Page 3 of 6
Use Permit to replace Port Crossing Special Conditional Use Permit No.06-006(previously
approved by City Council in 2006)for the 313 acre Port Crossing Business Park generally located
west of State Highway 146 between W. M Street and McCabe Road. This item was included
on the July 16,2015, Planning and Zoning Commission agenda; however,the Commission
voted to continue the item to the August 6, 2015,Special Called Meeting.
Mr. Ensey reported the applicant has a contract to sell the Port Crossing Business Park and
during the due diligence phase, it was discovered there are discrepancies between the
various documents that govern the development of the Park. This permit, if approved,will
supersede the previously approved permit and allow the Park to continue to develop as was
intended,with warehousing,distribution,flex industrial uses along with three commercial
tracts.
Mr. Ensey stated all requirements for public hearing notification had been met.
Mr. Ensey spoke about the conditions staff would recommend be placed on the permit
should the Commission recommend approval.
Staff responded to Commissioner's questions.
b. Applicant Presentation
Jim Harris,on behalf of current owners of Port Crossing,summarized Port Crossing's
development history and provided the rationale that lead to the request for a new Special
Conditional Use Permit.
Ryan Lovell,with Port Crossing, responded to a question about the definition of flex
industrial. Mr. Lovell described flex industrial as being multi-tenant,with at-grade
offices/storefronts and truck docks in the rear.
Chairman Lawler suggested the addition of a short wall or landscaping along the north and
south sides of the building to screen the truck/vehicle activity.
c. Public Comments(for,against,or questions)
There were no public comments.
d. Question and Answer
The applicant and staff responded to questions from the Commission.
7. Close public hearing.
Chairman Lawler closed the public hearing.
Planning and Zoning Commission
Minutes of August 6,2015
Page 4 of 6
8. Consider recommendation to the La Porte City Council on Special Conditional Use Permit request
#15-91000004.
Motion by Commissioner Follis to recommend to City Council,approval of Special Conditional Use
Permit request#15-91000004 with the condition that SIC Code Numbers 4222,4225,and 4226 be
excluded from the list of allowable uses for Reserve E.
Second by Commissioner Smith.
Motion by Commissioner Follis to amend his previous motion to include the following conditions:
• SIC Code Numbers 4222,4225,and 4226 shall be excluded from the list of allowable uses
for Reserve E.
• Condition#5 shall read: Submittals for site plan approval shall be in accordance with this
SCUP,General Plan, Development Agreement, Restrictive Covenants,and Land Use
Exceptions approved by the City of La Porte. For uses not authorized by this SCUP,
approval pursuant to Section 106-216& 106-217 of the City of La Porte Code of
Ordinances, as it now exists or may be amended from time to time,shall be required.
• Condition#8 shall read: Truck stops as defined in Chapter 106 of the La Porte Code of
Ordinances shall be prohibited within any part of the 300 acre Port Crossing business park.
Any gas station that provides any two(2)of the following:truck parking,more than one
diesel dispenser for every ten(10)gasoline dispensers,or has a canopy over the dispensers
with a clearance height that is greater than sixteen(16)feet in height shall also be deemed
a truck stop.
• In the event of truck-bay parking on the north or south side any allowed building screening
for the length and height of a truck parked at such bay shall be required to screen one side
of such truck.Screening may consist of a masonry wall or landscaping,or a combination
thereof,at a sufficient height to screen such trucks.Any screening by landscaping shall be
achieved within 24 months of planting.
Second by Commissioner Smith. Motion failed.
Ayes: Commissioners Follis and Smith
Nays: Commissioners Kendrick,Warren,LaCour, Barrera,Martin, Bird,and Lawler
Motion by Commissioner Kendrick to recommend to City Council, approval of Special
Conditional Use Permit request#15-91000004 with the conditions listed in the staff report with
the following additions:
• Condition#5 of the permit shall read: Submittals for site plan approval shall be in
accordance with this SCUP,General Plan,Development Agreement,Restrictive Covenants,
and Land Use Exceptions approved by the City of La Porte.For uses not authorized by this
SCUP,approval pursuant to Section 106-216&106-217 of the City of La Porte Code of
Ordinances,as it now exists or may be amended from time to time,shall be required.
• Condition#8 of the permit shall read: Truck stops as defined in Chapter 106 of the La Porte
Code of Ordinances shall be prohibited within any part of the 300 acre Port Crossing
Planning and Zoning Commission
Minutes of August 6,2015
Page 5 of 6
business park.Any gas station that provides any two(2)of the following:truck parking,
more than one diesel dispenser for every ten(10)gasoline dispensers,or has a canopy over
the dispensers with a clearance height that is greater than sixteen(16)feet in height shall
also be deemed a truck stop.
• In the event of truck-bay parking on the north or south side any allowed building screening
for the length and height of a truck parked at such bay shall be required to screen one side
of such truck.Screening may consist of a masonry wall or landscaping,or a combination
thereof,at a sufficient height to screen such trucks.Any screening by landscaping shall be
achieved within 24 months of planting.
Second by Commissioner Barrera. Motion carried.
Ayes: Commissioners Kendrick,Warren,LaCour,Barrera,Martin,Bird,Follis,Smith,and Lawler
Nays: None
9. Consider approval or other action regarding a request by Port Crossing LP for approval of the
proposed Port Crossing General Plan(previously approved as the Texas.lmport Export General
Plan)for the 313 acre Port Crossing Business Park generally located west of State Highway 146
between W.M Street and McCabe Road.
City Planner Eric Ensey presented the staff report on a General Plan,previously known as Texas
Import/Export Park that was approved in 2005 and was an exhibit to the Development Agreement.
The General Plan being proposed would replace the previous plan,which no longer reflects what
has actually developed over the years.
Commissioners,the applicant,and staff discussed additional discrepancies found on the proposed
Plan.
Commissioner Martin left the meeting at 8:35 p.m.
Motion by Commissioner Kendrick to approve the Port Crossing General Plan(previously approved
as the Texas Import Export General Plan)with the condition that the front section of Reserve C be
shown as"LI"and Reserves P,D,A-4,O,and N be removed from the Plan.
Second by Commissioner Smith. Motion carried.
Ayes: Commissioners Kendrick,Warren,LaCour,Barrera,Bird,Follis,Smith,and Lawler
Nays: None
10. Consider recommendation to the La Porte City Council regarding proposed Amended
Development Agreement between the City of La Porte and Port Crossing LP,for the purpose of
amending the Development Agreement approved by the La Porte City Council in 2006.
City Planner Eric Ensey presented the staff report on a proposed amended Development
Agreement between the City and Port Crossing,which was included in the staff report. The original
Development Agreement was approved in 2006.
Planning and Zoning Commission
Minutes of August 6,2015
Page 6 of 6
Motion by Commissioner Follis to recommend to City Council,approval of the proposed amended
Development Agreement between the City and Port Crossing,LP.
Second by Commissioner La Cour. Motion carried.
Ayes: Commissioners Kendrick,Warren,LaCour,Barrera,Bird,Follis,Smith,and Lawler
Nays: None
11. Administrative reports.
Planning and Development Director Tim Tietjens reminded the Commission of the APA Conference
October 7-9 in Galveston.
12. Commission comments on matters appearing on the agenda or inquiry of staff regarding specific
factual information or existing policy.
There were no Commission comments.
13. Adjourn
Motion by Commissioner Warren to adjourn.
Second by Commissioner Kendrick.
Chairman Lawler adjourned the meeting at 8:45 p.m.
Respectfully submitted,
Peggy
Secretary, Planning and Zoning Commission
Passed and Approved on �Q.P/LJ (5 ,2015.
Hal Lawler
Chairman, Planning and Zoning Commission