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HomeMy WebLinkAbout06-16-16 Regular Meeting of the Planning and Zoning Commission Planning and Zoning Commission Minutes of June 16, 2016 Commissioners Present: Nick Barrera, Richard Warren, Trey Kendrick, Larry Stockham, Wyatt Smith, Mark Follis, Helen LaCour and Chairman Hal Lawler Commissioners Absent: Lou Ann Martin City Staff Present: Assistant City Attorney Clark Askins, Planning and Development Director Tim Tietjens, City Planner Eric Ensey, and Planning Technician Ryan Cramer 1. Call to Order. Chairman Hal Lawler called the meeting to order at 6:04 p.m. 2. Roll call of members. Lou Ann Martin was not present. 3. Consider approval of meeting minutes: May 19, 2016. Motion by Commissioner Kendrick to approve the meeting minutes of the May 19, 2016 meeting. Second by Commissioner Smith. Motion carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham,Wyatt Smith, Mark Follis, Helen LaCour and Chairman Hal Lawler Nays: None 4. Open a public hearing to receive input on an application for Zone Change Request#16- 92000002, a request by Grove Enterprises to rezone a 3.7062 acre tract of land legally described as Tracts 9A&50A of Abstract 30 of the WP Harris Survey,from Neighborhood Commercial (NC)to Medium Density Residential (R-2). Chairman Lawler opened the public hearing at 6:06 p.m. At this time, because the applicant could not be present, Commissioner Stockham moved to continue the public hearing to July 21, 2016. a. Staff Presentation There was no staff presentation. b. Applicant Presentation There was no applicant presentation c. Public Comments There were no public comments. d. Question and Answer There were no questions. 5. Close public hearing The public hearing was not closed. 6. Consider a recommendation the La Porte City Council on Zone Change Request#16-92000002. Motion by Commissioner Stockham to continue the public hearing until July 21, 2016. Second by Commissioner LaCour. Motion carried. Ayes: Commissioners Stockham, Smith, LaCour, Follis, Kendrick, Warren, Barrera and Chairman 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 3.7062 acre tract of land legally described as Tracts 9A&50A of Abstract 30 of the WE Harris Survey, from "Neighborhood Commercial" use to"Low Density Residential" use. Motion by Commissioner Stockham to continue the public hearing until July 21st. Second by Commissioner Smith. Motion carried. Ayes: Commissioners Stockham,Smith, LaCour, Follis, Kendrick, Warren, Barrera and Chairman Lawler. Nays: 8. Open a public hearing to receive input on an application for Zone Change Request#16- 92000003, a request by Mark Follis to rezone a Lots 11-17, Block 1114,Town of La Porte Subdivision,from Neighborhood Commercial (NC)to Low Density Residential (R-1). Additionally,the City of La Porte is initiating the rezoning for the adjacent Lots 18-23, Block 1114,Town of La Porte Subdivision from General Commercial (GC)to Low Density Residential (R-1),and Lot 24, Block 1114,Town of La Porte Subdivision,from split zoned General Commercial (GC)and High Density Residential (R-3)to Low Density Residential (R-1). Chairman Lawler opened the public hearing at 6:08 PM. a. Staff Presentation City Planner Eric Ensey presented staff's report on a zone change application by Mark Follis. City Planner Ensey indicated that the City joined in this rezone application and included a City initiated rezone of Lot 24 as it was split zoned previously.This would allow the block to develop as single family detached housing. 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 City Planner Ensey noted that the City did receive one letter in support of the rezone from Ryan Taylor at 204 Preston Ave. b. Applicant Presentation The applicant did not have anything to add to Staffs presentation. c. Public Comments There were no public comments. d. Question and Answer Commissioner Warren asked if the future houses were all going to be on the typical 50' wide lots or would they vary. City Planner Ensey said that the applicant intends to divide the lots into 50'wide parcels. 9. Close public hearing Chairman Lawler closed the public hearing at 6:17 PM. 10. Consider a recommendation to the La Porte City Council on Zone Change Request#16- 92000003. Motion by Commissioner Warren to recommend approval of Zone Change Request#16- 92000003, a request by Mark Follis to rezone a Lots 11-17, Block 1114,Town of La Porte Subdivision,from Neighborhood Commercial (NC)to Low Density Residential (R-1). and the City of La Porte initiated rezoning for the adjacent Lots 18-23, Block 1114,Town of La Porte Subdivision from General Commercial (GC)to Low Density Residential (R-1), and Lot 24, Block 1114,Town of La Porte Subdivision,from split zoned General Commercial (GC) and High Density Residential (R-3)to Low Density Residential (R-1) with the condition that the sanitary sewer be extended. Second by Commissioner Stockham. Motion Carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham,Wyatt Smith, Helen LaCour and Chairman Hal Lawler Nays: None Abstain: Commissioner Follis abstained because it was his zone change request. 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 the tract of land legally described as Lots 11-24, Block 1114,Town of La Porte Subdivision,from "General Commercial" and "Mid-to High-Density Residential" use to "Low-Density Residential" use. Motion by Commissioner Kendrick to recommend approval to City Council, of a proposed amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for the tract of land legally described as Lots 11-24, Block 1114,Town of La Porte Subdivision, from "General Commercial" and "Mid-to High-Density Residential" use to "Low-Density Residential" use. Second by Commissioner Barrera. Motion Carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham,Wyatt Smith, Helen LaCour and Chairman Hal Lawler Nays: None Commissioner Follis recused himself from the item because it related to his zone change request. 12. Open a public hearing to receive input on an application for Special Conditional Use Permit#16- 91000001, a request by Bayway Homes for development of 9 single family attached duplex homes on Lots 7-17, 20-21, 22-27, Block 32, Beach Park Subdivision, generally located on the west side of Bayshore Drive northeast of Sylvan Beach Park. Chairman Lawler opened the public hearing at 6:22 PM. a. Staff Presentation City Planner Ensey delivered Staff's report on the Special Conditional Use Permit. City Planner Ensey noted the land is zoned Mixed Use (MU) and single family detached housing is a use by right in that zoning district, but the applicant wants to build single family attached housing, which triggered the need for a Special Conditional Use Permit. Staff found the requested use to be in line with the intent of the Mixed Use District. b. Applicant Presentation Charles Anders of Bayway Homes gave the applicant presentation where he explained that Bayway had 15 years of experience building in the City of La Porte and further described some of the projects he has worked on. Commissioner Barrera asked how the applicant intended to drain the property.The applicant noted that there will be an open ditch with a culvert. Commissioner Follis asked how much the homes would cost.The applicant indicated that they would be looking for$180-$200,000 for the homes. c. Public Comments(for,against,or questions) Chairman Lawler read a letter of opposition from Jose and Anna Canizales,731 Circle Dr.They feared that the new construction would create flooding problems in an area where there have been no problems. The resident at 707 Bayshore Drive said the area is already too crowded as is,especially when there are public events held at Sylvan Beach. d. Question and Answer Commissioner Kendrick asked if approving the request would include the seven conditions recommended by staff. City Planner Ensey indicated that they would. 13. Close public hearing Chairman Lawler closed the public hearing at 6:48 PM. 14. Consider approval or other action on Special Conditional Use Permit request 16-91000001. Motion by Commissioner Barrera to recommend to City Council, approval of Special Conditional Use Permit#16-91000001, a request by Bayway Homes for development of 9 single family attached duplex homes on Lots 7-17, 20-21, 22-27, Block 32, Beach Park Subdivision, generally located on the west side of Bayshore Drive northeast of Sylvan Beach Park with the seven conditions recommended by staff. Second by Commissioner Kendrick. Motion Carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham, Wyatt Smith, Helen LaCour, Mark Follis and Chairman Hal Lawler Nays: None 15. Open a public hearing to receive input on an application for Special Conditional Use Permit #15-91000002,a request by Priority Towing to allow development of a towing wrecker yard on approximately 2 acres of the 5.2 acre tract of land, legally described as Tract 6 of the La Porte Outlots,generally located on the south side of Spencer Highway west of Bay Area Boulevard. Chairman Lawler opened the public hearing at 6:50 PM. a. Staff Presentation City Planner Eric Ensey presented staff's report on a Special Conditional Use Permit Application by Priority Towing. City Planner Ensey noted that the tract was zoned General Commercial and in order for a wrecker yard to go into a GC zoned property it must acquire a Special Conditional Use Permit. Staff did have some concerns with the wrecker yard being off of Spencer Highway, this is magnified by the fact that the land zoned Planned Unit Development to the south is zoned residential in the Future Land Use Plan,which would put a wrecker yard directly adjacent to residential. Commissioner Smith asked if there was going to be any fixing of vehicles there and City Planner Ensey indicated that the City believed the lot would only be used for storage. b. Applicant Presentation Joe Davis, 1522 Porter Drive Katy,Texas, gave the applicant's presentation.The applicant noted that the City of La Porte asked if his company could do some commercial vehicle towing but he needed to have a yard in the City in order to get in the rotation. Commissioner LaCour asked if there was going to be a structure on the site and the applicant said no. Commissioner Follis asked if there was going to be hazardous cargo stored there,the applicant said there would be little traffic and 90%of tows go back to the vehicle owner's yard. c. Public Comments Larry Cernosek,4527 Red Bluff, Pasadena,Texas 77503; has owned a tow truck service for 41 years and said that the onus for wrecker yard laws falls on local governments.They have to be mindful of any possible loopholes tow truck companies could exploit. Rick Helton, 345 Josh Way La Porte,Texas; spoke on behalf of the Spencer Landing Homeowners Association. He said that an 8'fence could not hide an 18 wheeler and questioned whether they could stack containers there. Charlie Hinds, 11521 N. L St., La Porte,Texas; owns a tow truck service in various cities around the community. Mr. Hinds noted that he left the 18 wheeler wrecker business because so many of them were stolen and they were difficult to get rid of. He also said that there was not enough work in La Porte to bring in another wrecker yard. Richard Thompson, 1320 W.Tyler, La Porte,Texas; works for Apple Towing and said that they just added another heavy duty wrecker to help meet the City's demands so there is not enough work for another towing service. David Hyde, 324 Spencer Landing, La Porte,Texas; this proposed location is right across the street from his neighborhood and any hazardous cargo will put citizens at risk. Ann Sullivan, 10537 Spencer Landing, La Porte,Texas; she was also worried about possible hazardous materials being brought into that yard. Rita Jordan, 332 Spencer Landing, East La Porte;Texas spoke in opposition against the wrecker service because it would ruin the aesthetic of the area. Rich Dent, 205 Spencer Landing, West La Porte;Texas spoke in opposition of the proposal because many teenagers use Spencer to get to the high school and that an 18 wheeler will not be hidden by an eight foot high fence. Bobby Slocum, 10839 Mulberry, La Porte,Texas; spoke in opposition of the proposal as he owns a towing service and there is not enough work in La Porte to require another company. William Dickerson, 327 Spencer Landing East, La Porte, Texas; spoke in opposition of the wrecker yard because the surrounding area is under developed and if they were to allow that wrecker service then it would set the tone for the rest of the developments in the area. Daniel Large, 201 Jaime Court, La Porte, Texas; spoke in opposition because he thought a wrecker yard would significantly diminish the appearance of the area. Grace McDuffy, 243 Bayside Crossing Drive, La Porte,Texas; spoke in opposition as there are already too many trucks on Spencer Highway and she does not feel safe driving around so many trucks. Kwayne Landin, 10421 N.Ave. H St., La Porte,Texas; spoke in opposition as a representative of the Bayshore Baptist Church. He did not believe a wrecker yard would make sense in that area, especially when further east along Spencer you have available property in a more industrial area. Katie Aginoscio 3106 Eagles Nest Drive, La Porte,Texas; spoke in opposition because it would negatively affect her new home's value. Commissioner Smith thanked the audience for coming out and making their voices heard because it allows the Commission to get a feel for the community's opinion. d. Question and Answer There were no questions. 16. Close public hearing Chairman Lawler closed the public hearing at 7:29 PM. 17. Consider approval or other action on Special Conditional Use Permit request#16-91000002. Motion by Commissioner Kendrick to recommend denial of Special Conditional Use Permit#16- 91000002, a request by Priority Towing to allow development of a towing wrecker yard on approximately 2 acres of the 5.2 acre tract of land, legally described as Tract 6 of the La Porte Outlots,generally located on the south side of Spencer Highway west of Bay Area Boulevard. Second by Warren. Motion Carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham,Wyatt Smith, Helen LaCour, Mark Follis and Chairman Hal Lawler Nays: None 18. Consider approval or other action on a request by The Urban Companies for the Sens Road Business Park General Plan to allow for development of a commercial/industrial business park on a 62 acre tract located on the northeast corner of Sens Road and N. C Street. Chairman Lawler gaveled out for a ten minute break at 7:30 and gaveled back in at 7:42 City Planner Ensey delivered staff's report on a General Plan request by the Urban Companies. City Planner Ensey noted that the land was zoned Business Industrial (BI)as well as Light Industrial (LI) and the developers are planning to create a commercial industrial/business park. The first phase being approximately 17 acres of the site. At the time of the meeting,the City still had not received a traffic impact analysis(TIA) from the developers.Staff recommended as a condition that the TIA be required prior to future phases of development. Commissioner Smith voiced objection to the project because of the possible truck traffic, especially as warehouse uses look to fill in the development. Motion by Commissioner Kendrick to recommend approval of a request by The Urban Companies for the Sens Road Business Park General Plan to allow for development of a commercial/industrial business park on a 62 acre tract located on the northeast corner of Sens Road and N. C Street. Second by Barrera. Motion Carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham, Helen LaCour, Mark Follis and Chairman Hal Lawler Nays: Wyatt Smith 19. Administrative reports. City Planner Ensey told the Commission that their changes to the zoning code were continued so the Council can discuss it more. 20. Commission comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Warren thanked the people for coming out and voicing their opinion. 21. Adjourn Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. Motion Carried. Ayes: Nick Barrera, Richard Warren,Trey Kendrick, Larry Stockham,Wyatt Smith, Helen LaCour and Chairman Hal Lawler Nays: None Chairman Lawler adjourned the meeting at 8:17 p.m. Respectfully submitted, r6:42 Ry Cramer Secretary, Zoning Board of Adjustment Passed and Approved on \ (rl3 I , 2016. C1A-OR N.__\_\ *----Q—N— Hal Lawler Chairman, Planning and Zoning Commission