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Home My WebLink About01-21-16 Regular Meeting of the Planning and Zoning Commission Planning and Zoning Commission Minutes of January 21, 2016 Commissioners Present: Helen LaCour, Richard Warren, Nick Barrera, Mark Follis, Larry Stockham, and Hal Lawler Commissioners Absent: Trey Kendrick, Wyatt Smith, Lou Ann Martin City Staff Present: Director of Planning and Development Tim Tietjens, City Planner Eric Ensey,Assistant City Attorney Clark Askins,and Planning Technician Ryan Cramer 1. Call to order. Chairman Hal Lawler called the meeting to order at 6:08 p.m. 2. Roll Call of Members. Commissioners LaCour,Warren, Barrera, Follis,Stockham,and Chairman Lawler were present for roll call. City Planner Eric Ensey introduced new Commissioner Larry Stockham. 3. Consider approval of meeting minutes: December 17,2015 Meeting Motion by Commissioner Barrera to approve the meeting minutes of December 17,2015. Second by Commissioner Stockham. Motion carried. Ayes: LaCour,Warren, Barrera, Follis,Stockham,and Lawler Nays: 4. Open a public hearing to receive input on an application for Zone Change Request#15-92000003, a request by Bayway Homes Inc.to rezone a 0.575 acre tract of land located at the southeast corner of N.1st Street and the unimproved E Street right-of-way also known as Lots 1-8, Block 108,Town of La Porte Subdivision from General Commercial(GC)to Medium Density Residential(R-2). *Note: Chairman Lawler suspended the agenda at this time to move to agenda items 8,9,10 and 11.Agenda items 4,5,6,and 7 were considered after agenda item 11. a. Staff Presentation City Planner Eric Ensey presented the staff reports for agenda items 4 through 7 concurrently. Mr.Ensey said that this was brought forward by Bayway Homes in order for them to build houses on the land.The City tried to contact surrounding land owners and they were not interested in participating in the zone change request.There is already some single family detached in the GC zone north of Adams Street. Market conditions have not demanded the depth of an entire block be commercial. Planning and Zoning Commission Minutes of January 21,2016 Page 2 of 6 Commissioner Warren pointed out that there was conversation about changing the whole backside of Broadway back to residential as it used to be. Written notice was mailed to owners of real property within 200 feet of the site within 10 days of the hearing and in this case notice was sent to all property owners and residents within the rezoning area Mr. Ensey noted that the City received four public responses,three in opposition and one in support. Commissioner Warren commented on existing homes on N 1st St. that the City may have participated in construction. b. Applicant Presentation Applicant did not attend the meeting and did not give a presentation. c. Public Comments There were no public comments. d. Question and Answer There were no questions. 5. Close public hearing Chairman Lawler closed the public hearing at 7:45. 6. Consider a recommendation to the La Porte City Council on Zone Change Request#15-92000003. Motion by Commissioner Warren to recommend to City Council approval of the proposed rezone of a 0.57 acre tract of land legally described as Lots 1-8, Block 108,Town of La Porte Subdivision,City of La Porte, Harris County,Texas from GC to R-2. Second by Commissioner Follis. Motion carried. Ayes: LaCour,Warren,Barrera,Follis,Stockham,and Lawler Nays: 7. Consider a recommendation to the La Porte City Council on a proposed amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for a 0.575 acre tract of land located at the southeast corner of N. 1st Street and the unimproved E Street right-of-way also known as Lots 1-8,Block 108,Town of La Porte Subdivision from"Commercial"use to"Low-Density Residential"use. Planning and Zoning Commission Minutes of January 21,2016 Page 3 of 6 Motion by Commissioner Barrera to recommend approval to City Council of an amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for a 0.575 acre tract of land located at the southeast corner of N. 1st Street and the unimproved E Street right-of-way also known as Lots 1-8, Block 108,Town of La Porte Subdivision from "Commercial" use to"Low-Density Residential" use. Second by Commissioner LaCour. Motion carried. Ayes: LaCour,Warren,Barrera, Follis,Stockham,and Lawler Nays: 8. Open a public hearing to receive input on an application for Zone Change Request#15-92000004, a request by Warwick Homes Inc.and the City of La Porte to rezone an approximately 3.9 acre tract of land located on Fairmont Parkway east of Willmont Road further described as Reserve B and C, Willmont Commercial Park Amended Subdivision (owned by Warwick Homes) and Tract 33 Treat Plant Site,Abstract 482,Williams Jones Survey(owned by the City of La Porte)from Neighborhood Commercial (NC)to General Commercial(GC). a. Staff Presentation City Planner Eric Ensey presented the staff report for agenda items 8-11 concurrently. The proposal was a zone change request for a 3.9 acre tract on Fairmont Parkway between Big Island Slough and Willmont Road. This was brought forward by Warwick Homes in an effort to make the land more marketable. The proposed zone change would be in line with other General Commercial zoned tracts along Fairmont Parkway. Written notice mailed to owners of real property within 200 feet of the site within 10 days of the hearing and in this case. The City received six responses from the mail-out,five were opposed and one was in support. b. Applicant Presentation Applicant Tom Cauthen (4620 N Braeswood Houston,TX) purchased the subject property from the City of La Porte. Mr. Cauthen worked with the City to rezone the property to Neighborhood Commercial.There was discussion on drainage,intended use and traffic circulation. Mr.Cauthen claimed that it will not sell as Neighborhood Commercial zoned property. Commissioner Barrera asked what he intends to build on it and Mr.Cauthen did not know, it just depends on who buys it. It won't be a retail center. Commissioner Stockham discussed access to the site. Commissioner Stockham questioned if the City's lift station was landlocked.Staff confirmed that it does have an access point. Commissioner Warren discussed about Mr.Cauthen's inability to sell the property. Director of Planning and Development Tim Tietjens said that the City has been partnering with Harris County to work on the lights and add some turning lanes to make those intersections more like the Willmont intersection. Planning and Zoning Commission Minutes of January 21,2016 Page 4 of 6 C. Public Comments Sherri Andrews(10122 Roseberry Drive)spoke against the zone change.As an adjacent property owner she felt that it put their home at a greater risk to be broken into as well as hurting home values.She further expressed concerns with traffic and drainage. Charles Brightenbach (10110 Roseberry)spoke against the zone change stating concerns with a drainage problem that impacts his property. Discussion occurred over the drainage problem and Chairman Lawler stated that staff has been made aware of the problem. Linda Brightenbach(10110 Roseberry)spoke against the zone change.She discussed grading and drainage issues.Commissioner Follis offered to follow up with Public Works about it. Joseph Droll 3831 Roseberry, was against the zone change because he wants to know the intended use of the property. He also discussed wildlife displacement in the area. Director of Planning and Development Tim Tietjens noted that the applicant could build on it now if a Neighborhood Commercial use came in and wanted to use it. He also discussed the issue of drainage and, though it is a civil matter, he indicated that the City would work with Mr. Cauthen on a solution. Commissioners Barrera and Follis suggested that the City should require as-built drawings for all developments. Sherri Andrews also expressed concern with the height of any development. Commissioner Follis stated that there are a number of undesirable uses that are currently allowed in the NC district. d. Question and Answer There were no questions. 9. Close Public Hearing Chairman Lawler closed the public hearing at 7:21. 10. Consider a recommendation to the La Porte City Council on Zone Change Request#15-92000004 Motion by Commissioner Follis to recommend to City Council, approval of proposed rezoning of Reserve B and C, Block 1,Willmont Commercial Park Amended Subdivision,and Tract 33 Treat Plant Site,Abstract 482, William Jones Survey, City of La Porte, Harris County,Texas, from Neighborhood Commercial (NC)to General Commercial (GC). Second by Commissioner Warren. Motion carried. Planning and Zoning Commission Minutes of January 21,2016 Page 5 of 6 Ayes: LaCour,Warren,Barrera, Follis,Stockham,and Lawler Nays: 11. Consider a recommendation to the La Porte City Council on a proposed amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for an approximately 3.9 acre tract of land located on Fairmont Parkway east of Willmont Road further described as Reserve B and C, Willmont Commercial Park Amended Subdivision(owned by Warwick Homes)and Tract 33 Treat Plant Site,Abstract 482,Williams Jones Survey(owned by the City of La Porte)from"Neighborhood Commercial"use to"Commercial"use. Motion by Commissioner Warren to recommend to Council an amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for an approximately 3.9 acre tract of land located on Fairmont Parkway east of Willmont Road further described as Reserve B and C,Willmont Commercial Park Amended Subdivision (owned by Warwick Homes) and Tract 33 Treat Plant Site, Abstract 482, Williams Jones Survey (owned by the City of La Porte)from "Neighborhood Commercial" use to"Commercial" use. Second by Commissioner Barrera. Motion carried. Ayes: LaCour,Warren,Barrera, Follis,Stockham,and Lawler Nays: 12. Administrative Reports Director of Planning and Development Tim Tietjens said that the vote on the Family Entertainment Center passed City Council unanimously. 13. Commission comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Warren complimented the Commission's ability to look beyond the concerns of the nearby home owners. Commissioner Barrera wants to add an existing topographic map, drainage plan and an as built topographic map to the permit process.Commissioner Follis indicated that the fill dirt permit is being reviewed currently. Commissioner Follis informed the group that revisions to the development ordinance are nearly complete. He also suggested that they consider changing the Future Land Use Plan as it relates to the Northside before it was initially set to be discussed. Commissioner Stockham asked about the buffer between residential and commercial. 14. Adjourn Motion by Commissioner Warren to adjourn. Planning and Zoning Commission Minutes of January 21,2016 Page 6 of 6 Second by Commissioner LaCour. Chairman Lawler adjourned the meeting at 7:59 p.m. Respectfully submitted, Crwf-V‘- Ryarrramer Secretary, Planning and Zoning Commission Passed and Approved on "rGtoiaN3 ' u , 2016. c-/-\K`).A•—f\- Hal Lawler Chairman, Planning and Zoning Commission