HomeMy WebLinkAbout04-24-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
MINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF APRIL 24, 2008
Members Absent:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, Charles
Schoppe, and Gilbert Montemayor (Alt. No.2)
Lawrence McNeal (Alt. No.1)
Members Present:
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Peggy
Lee, Secretary
1. CALL TO ORDER.
Chairman Maltsberger called the meeting to order at 6:00 p.m.
2. CONSIDER APPROVAL OF THE FEBRUARY 28,2008, MEETING MINUTES.
With no additions or deletions, the Minutes of February 28, 2008, were unanimously approved as
presented.
Ayes:
Nays:
Abstain:
Rothermel, Pool, Maltsberger, Capen, Schoppe, Montemayer
None
None
3. CONSIDER VARIANCE REQUEST #V08-002 FOR THE PROPERTY LOCATED ALONG
SOUTH 16TH STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL
DISTRICT AS TRS 2 & 3, TR A, TR 4A, SA, AND TR C, JOHNSON HUNTER SURVEY,
ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. MR. ALTON OGDEN C/O OAKLAND
LAND AND DEVELOPMENT, THE PROPERTY OWNER, SEEKS RELIEF FROM THE
APPLICATION OF EXTERIOR BUILDING DESIGN STANDARDS AS ESTABLISHED IN
SECTION 106-680 OF THE CODE OF ORDINANCES. THIS VARIANCE IS BEING SOUGHT
UNDER THE TERMS OF SECTION 106-192 (b) (2) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staff's Report. The applicant, Alton Ogden, has
requested a variance to the exterior building design standards of 100% masonry and/or glass
etc. fa9ade on the sides or back of buildings proposed along S. 16th St. located in Tax
Increment Reinvestment Zone (TIRZ) #1. The applicant is proposing a brick fa9ade be
placed on the front of the buildings below the canopy with no fa9ade on the sides and back of
the buildings. According to the applicant, the requirement to have 100% masonry or glass
causes an unnecessary hardship that will drive rental prices beyond a prospective tenant's
ability to pay, causing them to relocate to another city.
Staff did not find evidence to support a "hardship" as defined by the ordinance and
recommended the variance be denied.
Eight property owners located within 200' of the subject tract were mailed public hearing
notices. The City did not receive any responses from the mail-out.
B. PROPONENTS
Chairman Maltsberger swore in Jeff Bearden, owner of Bayou City Industrial Contractors.
Mr. Bearden's business is located next to the property in question. He stated that this
variance decision may affect any future plans he may have for expansion due to the cost
Zoning Board of Adjustment
Minutes of April 24, 2008
Page 2 of3
involved with the exterior design standards. He also stated that landscaping, if installed
properly, could achieve the same aesthetic result.
Mr. Ogden distributed an informational packet, which included photos of numerous buildings
he currently owns in La Porte with facades similar to what is being proposed.
Chairman Maltsberger swore in Alton Ogden. Mr. Ogden commented that Oakland Land
and Development is a major landowner with 16-18 buildings in the La Porte area, paying in
excess of $50,000 in taxes to the City. He said that they purchased this piece of land in
1998 and signed a contract to build a building on it. According to Mr. Ogden, Ralph
Hampton said the property was grandfathered under the previous requirements. Mr. Ogden
said he was told that he could not apply for a variance, but he chose to pursue one anyway.
Chairman Maltsberger swore in Jeff Burkhoffer from Natchez, MS. Mr. Burkhoffer spoke
about TIRZ and how the new design standards ordinance was contradictory to TIRZ.
Chairman Maltsberger swore in Bill Campbell, Action Engineering of Houston. Mr. Campbell
spoke about the spirit of TIRZ and how the new ordinance is a contradiction. He suggested
a variance compromise by having only the front of the building brick and masonry. He
added that the requirements for masonry and glass inhibit development.
C. OPPONENTS
There was no opposition presented.
Chairman Maltsberger swore in Russell Plank, 3900 Woodchase, Houston, TX. Mr. Plank
addressed the Commission neither in favor nor opposed to the variance request. Mr. Plank
spoke about the Port Crossing development and the effort taken to build a little better product
than what was required. It has been his experience with buildings that a larger investment up
front will produce increased returns in the future.
Motion by Bob Capen to deny Variance #V08-002. Second by Charles Schoppe. The motion
carried.
Ayes:
Nays:
Abstain:
Pool, Maltsberger, Capen, Schoppe, Rothermel, Montemayer
None
None
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
4. ADMINISTRATIVE REPORTS
Masood Malik presented an update on developments in the City.
5. BOARD COMMENTS
Rod Rothermel commented about an experience he had with the City in which he was not offered
proper assistance. He wants to make sure the City treats everyone the same by offering
assistance to all who need it.
Board Members are looking forward to meeting the new Planning Director.
Zoning Board of Adjustment
Minutes of April 24, 2008
Page 3 of3
6. ADJOURN
Chairman Maltsberger adjourned the meeting at 7:06 p.m.
Peggy e
Secretary, Zoning Board of Adjustment
Approved on this ~ay of
di(
George Maltsberger
Chairman, Zoning Board
7Vlcvg-
,2008.
#V08-003
VARIANCE
FOR
FRONT YARD FENCE AT 615 STATE HIGHWAY 146
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - SECTION 106-797, CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report
May 22, 2008
Variance Request #V08-003
Reauested by:
Alvin Oncken & Associates, Building Designer
Owner:
Jon Loring, Utility Trailer Sales Southeast Texas, Inc.
Reauested for:
Lots 1-16, 19-32, Block 337673, and adjoining alley between these lots, Johnson Hunter
Survey, Abstract 35, La Porte, Harris County, Texas.
Location:
615 State Highway 146
ZoniD!!::
General Commercial (GC)
Back2round:
Applicant is requesting a variance to construct a proposed six feet high wrought iron
fence on the front property line within the front yard setback along State Highway 146.
The property in question is located to the southwest of Barbour's Cut Boulevard and
State Highway 146. The property is currently zoned General Commercial (GC). The
Code of Ordinances prohibits a fence from being erected within the required landscape
portion of any yard or the front yard setback (20') in the commercial and industrial
zoning districts.
A development site plan for the proposed project is under review by the City. A 19,000
square feet building is proposed to the southwest of the subject property. The facility is
required to comply with the City's exterior building design standards of 100% masonry
or glass products. There are two driveways proposed for this facility, one along
Barbour's Cut Boulevard and a second along State Highway 146. Landscaping and
screening shall be provided along North 11th Street due to residential zoned properties
across the street. Utility schematics and parking layout except fence are shown on the site
plan. General site note #8 states that the developer will install 1180 linear feet of 6' high
wrought iron fence at property line with motorized sliding gates at each driveway.
As per Section 106-797 (2) of the Code of Ordinances, ''fences in commercial and
industrial zones which are primarily erected as a security measure may have arms
projecting into the applicant's property on which barbed wire can be fastened
commencing at a point at least seven feet above the ground, and such fence shall not be
erected within the required landscaped portion of any yard or the front yard setback of
any commercial or industrial establishment".
The applicant has submitted a variance request that seeks approval to erect a fence at the
front property line within the standard 20' building setback line for commercial zoned
property. According to the applicant, the front yard fence at the property line is desired
for the safe operation of the business in this area. In addition, construction of this
proposed fence will allow the developer to utilize approximately 7,000 square feet of
additional property for parking and other amenities at site.
Zoning Board of Adjustment
May 22, 2008
#V08-003
Page 2 of3
Analvsis:
Section 1 06-192(b )( 1), in the Code of Ordinances, defines a variance as a deviation from
the literal provisions of the chapter, which is granted by the Board when strict
conformity to the chapter would cause an unnecessary hardship because of the
circumstances unique to the property on which the variance is granted.
Section 106-1 defmes fence as ". . . the manmade structural barrier erected on or around a
piece of property."
Except as otherwise prohibited, the board is empowered to authorize a variance from a
requirement when the board finds that all of the following conditions have been met:
.:. That the granting of the variance will not be contrary to the best public interest.
.:. That literal enforcement of the chapter will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape, topography or other extraordinary or
exceptional physical situation unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship relating to the property itself as
distinguished from a hardship relating to convenience, financial considerations or
caprice, and the hardship must not result from the applicant or property owner's own
actions; and
.:. That by granting the variance, the spirit of the chapter will be observed.
Regarding this request, the relief being sought to:
. Allow construction of a fence at the property line within a front yard setback.
In determining if granting the applicant's request would be contrary to the public interest,
Staff recognizes that development of the fence at the property line may not create a
problem with adjoining properties, as most of the public front of this property is along
major public roads.
In viewing the specific grounds for granting a variance, however, staff points out that the
condition, as it exists, "...is the result of the applicant or property owner's own
actions..." contrary to the provisions of Section 1 06-192. However, staff finds no
grounds to justify "... unnecessary hardship because of exceptional narrowness,
shallowness, shape topography, or other extraordinary or exceptional physical situation
unique to the property in question." Security of the property and safe operation of the
facility, however, may be considered in this regard.
The Zoning Board of Adjustment's fmal consideration is whether granting this request
observes the spirit of the ordinance. Based on the facts noted in this report, the
applicant's request may not be contrary with the spirit of the ordinance, and may promote
the health, safety and welfare of the general public.
Zoning Board of Adjustment
May 22, 2008
#V08-003
Page 3 of3
Conclusion:
The application merits review by the Board based upon the parameters set by the
Ordinance.
The Board may consider:
~ Granting the variance and allowing the fence to be constructed on the property
line in the front yard setback.
~ Denying the variance thereby disapproving the construction of the front yard
fence.
Appeals:
As per Section 106-196 ofthe Code of Ordinances of the City of La Porte:
Any person or persons, jointly or severally, aggrieved by any decision of the Board of
Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may
present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A.,
Local Government Code Section 211.011, dilly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall
be presented to the court within ten days after the filing of the decision in the office of the
Board of Adjustment.
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received:
Receipt No.:
Note: This Fee is Non-Refu!ldable Regardless ofthe Board's Decision
VDg'- 003
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Applicant:
tII~1-1/ &/~r ~U$ ?;;uU ;;;~;) .l;Jc.
I Name
'PD lSo)( 2-/'-/02- ~~~J '717Zz,~ 7/~-6?t./-BiX)D
Address Phone
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner": ~D,0 LOr"I'^-'1
Name J
~Po 150-( 2/I.{D2- /-Icu~4>J 'tl2.7-b
Address
/)/tIt'J O;Jr~
7/~-b 'it( -BDOO
Phone
I am requesting a 'variance to Sect. of the City Zoning regulations Chapter 106 of the
Code of Ordinance.
I am requesting tbis variance for property located at 61 S s~&.. lfi.cJlj 14 b
, I "L . U St~eet Addless / L) I
{jt/~/y IJiAle--''fMRA- .1- BI()ck .i ~~V'i/e ') III BlocK 3>3f) i fk 1Jtc,.y.) ~ L ~"'~
Legal Description
/'
~Site Plan
( ) Major Development Site Plan
( ) Minor Development Site Plan
( ) General Plan
A Site Plan ofthe property is attached. Also, I haye listed the information requested below on the
following pages ofthis form.
a) All facts concerning tbe matter that has led up to this request.
b) The type ofreliefI am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
'" If applicant is NOT the owner, he must proyide Authorizatio to act on t
'I1z~ 108
Date
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes () No ()
Date transmitted to the Board of Adj ustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision:
Approved ()
Denied ()
Notice of Boards Decision mailed to Applicant/Owner:
2
A variance is a" deviation from the literal provisions ofthe Zoning Ordinance." The City's
Board of Adjustments may NOT grant a variance that does not meet all ofthe following
conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship
must be unique to the property in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography constitutes the primary example
of hardship. Hardships that are financial in nature or due to the owner's actions cannot
be granted.
3) Granting the variance must not violate the spirit ofthe Zoning Ordinance.
4) No variance that allows a use that is prohibited within the Use zone in question may be
granted. For example, a variance allowing a commercial use in a residential zone is not
allowable.
Please remember it is the Applicant's responsibility to prove that a variance will meet the
above conditions.
If there is not adequate room on the remainder ofthis form to list all pertinent information,
please feel free to attach an additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO TillS MATTER:
The City of La Porte requires a 20' fence set back along the front
property line which is State Highway 146.
We are requesting to
be able to construct the proposed 6 feet gmgh wrought iron fence
on the front property line of State Highway 146.
3
TYPE OF RELIEF BEING SOUGHT:
To be able to construct the proposed fence on the front preoperty
line of State Highway 146, instead of on the 20' fence set back
Line would allow the use of approximately 7,000 s.f. of property.
THE GROUNDS FOR THE REQUESTS:
The proposed fencing around the entire property is be be an
very attract 6 feet ghigh wrought iron fence. The propased
fence will not be the standard chain line fencing which is
normally seen on industrial and commercial sites.
S:\CPShare\INSPECTION DIVISION\Standard FormslZONING BOARD V ARIANCE.doc REVISION 10/21/03 RYC
Alvin Oncken & Assoc.
BUILDING DESIGNER
10500 Northwest Frwy., Ste. 211 . Houston, Tx. 77092
713-682-1060 . 713-682-1090 FAX
May
1 ,
2008
City of La Porte
Masood Malik
City Planning Department
604 W. Fairmont Pkwy.
La Porte, Texas 77571
Re: Utility Trailer/Parts Sales
6.5 State Highway 146
CLP. Projectl07-826l
Hello;
The front of the proposed building faces State Highway 146.
The property owner and I would like to submitt a variance which
would allow the owner to construct a fence along the front
property line on State Highway 146 instead of the front property
twenty foot (20') fence setback.
Enclosed is the $150.00 fee for this variance.
Thanks,
a;L(2I
Alvin Oncken
/0
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Disclaimer: The City of La Porte makes no representation Of warranty as to the accuracy of this map and fts Information nor to fts faness for use. Any user of this map product accepts the same AS IS.
WITH ALL FAULTS, and assumes ali responsibiiity for the use thereof, and further agrees to not hoid the City of La Pone liable from any damage, ioss, or liability arising from any use of the map product
Independent verification of ali infonnation contained on this map should be obtained by the end user
EST
WEST
City of La Porte
604 W Fairmon! Parkway
La Porte, TX 77571
(281) 471-5020
wwwlaportetx.gov
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EXH1B11 A
ZONING
~ 106-797
Sec. 106-797. Property line fences in industrial districts.
Property line fences in any industrial district shall not exceed eight feet in height except
that:
(1) Fences erected along a property line in common with a residential district shall be
subject to the provisions herein described in residential district fences; and
(2) Fences in commercial and industrial zones which are primarily erected as a security
measure may have arms projecting into the applicant's property on which barbed wire
(,
Supp. No.9
CD106:88.1
EXH1B11 C
PUBLIC NOTICE RESPONSE
There were public hearing notices mailed to Seventeen property
owners within 200' for the subject property. There were no responses
received.
EXHIBIT D
ZONING
~ 106-799
can be fastened commencing at a point at least seven feet above the ground, and such fence
shall not be erected within the required landscaped portion of any yard or the front yard
setback of any commercial or industrial establishment.
J
\
Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage
yards, junk dealers, etc.
(a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap
metal processor yard with the city shall be completely surrounded and enclosed by a solid fence
or wall which is at least eight feet in height.
(b) Construction, maintenance of fence or wall. Every fence or wall herein shall be
constructed and maintained as follows:
(1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or
any combination thereof; provided, however, that anyone side of an automotive
wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by
a fence or wall constructed of only one of the above materials.
(2) Chain link fences shall be constructed of galvanized chain link fencing with wood or
metal slats or strips run through all links of the chain link fence.
(3) All fences or walls shall extend downward to within three inches of the ground and
shall test plum and square at all times.
(4) All fences or walls shall be constructed in compliance with all applicable provisions of
the building code of the city.
(c) Use of wall, door or building as part offence or wall. Any part of a fence or wall required
by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls
and doors of any completely enclosed building on the premises, if such wall or door meets all
construction requirements set forth in this section.
(d) Gates at openings in enclosure. Openings in the prescribed enclosure which are
necessary to permit reasonable access to said automotive wrecking and salvage yards/junk
yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed
and maintained in accordance with the requirements for a fence or wall set forth in this
section. Such gates shall be closed and securely locked at all times except during normal
daytime business hours.
(Code 1970, ~ 123/4-14(c)-(f))
Sec. 106-799. Construction, maintenance of electric fences prohibited.
It shall be unlawful for any person owning or controlling any property in the city to
construct, maintain or permit to remain on such property any fence charged with electricity.
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No.4
CD106:89
#NCU 08-001
REQUEST FOR ENLARGEMENT &
IMPROVEMENTS OF A NONCONFORMING USE
AT
3337 CANADA ROAD
EXHIBITS:
APPLICANT'S REQUEST
STAFF REPORT
EXHIBIT A - AREA MAP
EXHIBIT B - NONCONFORMING USE REGULATIONS
ENLARGEMENT TO NONCONFORMING USE,
SECTION 106-263, CODE OF ORDINANCES
Greater Houston
Commercial Properties
1fD) ~ @ ~ 0 ill ~ ml
UlJ MAY 62008 W
May 6, 2008
City of LaPorte
Zoning Board of Adjustments
George Maltsberger
604 West Fairmont Parkway
La Porte, Texas 77571
By
Attention:
Zoning Board of Adjustment ("Board")
Reference:
3337 Canada Road, La Porte, Texas ("Property")
Dear Board:
Introduction. We are writing this letter on behalf of Texas Cargoways, LLC, the owner '
of the Property ("Owner"), to request approval from the Board for certain additions to be
made to the Property. The Property is a 6.3 acre tract ofland with improvements
consisting ofa 63,000 square foot warehouse. Owner is under contract to sell the
property to Cerda Industries, Inc ("Buyer"). The sale is contingent on approval by the
Board of certain improvements to the Property set forth herein.
Improvements. The Buyer is excited to announce that it is currently negotiating a lease
with AGeO Corporation to lease Property. AGeO is a company with a $5 billion market
capitalization that manufactures and distributes agricultural equipment and related
replacement parts worldwide. AGeO will be using the site to assemble and store for
distribution agricultural machinery and equipment such as tractors and other farm
equipment. AGeO requires a first class building that is clean and relatively dust fre~, and
therefore, the current condition of the Property will need to be vastly improved. Some of
the proposed improvements include weed control, repaving of the property for appearance
and dust control, painting of the exterior with a neutral earth tone color, connecting
utilities on the Property to the City sewer system, and eliminating the on-site septic
system. In addition, Buyer would be required to stabilize and asphalt an additional 1.6
acre grassy area on the north and west side of the building on the Property. We have been
discussing these improvements with the City of La Porte, and it is our understanding that
the City would be agreeable to Buyer installing such stabilization on the 1.6 acre tract so
long as it is approved by the Board and it is constructed with a material approved by the
City.
Additional Landscaping. The City has expressed concerns about the negative impact the
Property has had on the surrounding community. The Buyer wants to maintain a good
relationship with the surrounding community and is agreeable to adding landscaping and
3535 Briarpark, Suite 105 · Houston, Texas 77042-5235 · Fax 713-953-9905 · 713-953-9606
fence screening along the north side of the Property.
Request for Approval. Please consider our request for the stabilization of the 1.6 acres as
set forth above. These developments are scheduled to occur within the next 60 to 70 days
so your prompt attention to this matter is much appreciated.
Conclusion. We believe that this project will improve the aesthetics of the facility
benefiting both AGeD and the community and bring another first class company to the
City ofla Porte. Thank you very much for your consideration on this matter. If you have
any questions or comments, please feel free to call me at 713-953-9606. We look forward
to discussing this development with you in person.
osen
ater Houston Commercial Properties
May ~, 2008
City of LaPorte
604 West Fairmont Parkway
La Porte, Texas 77571
Attention: Zoning Board of Adjustment
Reference: 3337 Canada Road, La Porte, Texas (the "Property")
Dear Board:
Texas Cargoways, LLC is the owner ("Owner") of the above referenced Property. As
Owner, we are applying to the Zoning Board of Adjus1ment ("Board") of the City of La
Porte, Texas for the Board's approval of certain improvements ("'Improvements') to be
made to the Property. Please accept this letter as designation of Messrs. Stuart Rosen and
John Deboben III as agents for Owner for the purpose of fully representing Owner in all
capacities relating to Owner's application to the Board for approval of said
Improvements.
If you have any questions or require additional information, please contact me at (713)
672-0515.
Sincerely,
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
TEXAS CARGOW A YS, LLC
By: \ \~~
Gilles Dumont, President
Date: :5\l..Qj DB
u.rcle-r ~e. ().~\1i or
Q:\\\\es 'D~~ KeSldCY\-\ .
This instrument was acknowledged before me on May
Dumont, President of Texas Cargoways, LLC.
..J/,., 2008, by Gilles
ell!
*1t*
, 'It
KARINA ALCORTA
Notary Public
STATE OF TEXAS
My Comm. Exp. Sept. 20, 2010
Scope of Work
(Houston Area)
Company Profile:
· One of the world's largest manufacturers and distributors of Ag equipment
. 6 billion in sales
. 14,000 employees
. Over 3,200 full service dealers in 140 countries
. 4 major brands (Massey Ferguson, Challenger, Fendt, Valtra)
Overview:
· Receive imported tractors, assemble, and ship to dealerships in Southern US and
lower Midwestern markets
· -5000 tractors per year (see attached)
· Truck traffic of 8 to 10 per day
· Operate on 1 shift with 25 to 50 employees
Operational Details:
· Receive basic compact / utility tractor kits in shipping containers
· Receive large rowcrop tractors on flatbeds. Imported as RORO. (Roll on roll oft)
· Reassembly compact / utility tractor kits
· Assembly tractor options to all units including, but not limited to
o Tire and wheels
o Loaders
o Backhoes
o Hitches
o Weight packages
· Minimal mfg equipment to be utilized - limited noise
· Perform "Pre Delivery Inspection / test" on all tractors - (Inside building)
· Rinse all tractors (water only) prior to shipping to dealers.
o System will contain oil / water separator
· Load consolidation and staging of finished tractors for dealer deliveries.
· Storage of tractors around building
o In addition to assembled tractors being stored outside of building, some
large components will also be stored outside including.. .
· Tires / rims
· Weights
· Some hitch options
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Compacts I Utilities
Rowcrop
City of La Porte
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
www./aportetx.gov
La Porte GIS Mapping
1 "equals 127'
9
Staff Report
May 22, 2008
Nonconforming Use Request #NCU08-001
Applicant: Stuart Rosen on behalf of Texas Cargoways, LLC., Property Owner
Location: 3337 Canada Road
Lee:al description: TRS 692, 693, La Porte Outlots, William M. Jones Survey, Abstract No. 482, La Porte,
Harris County, Texas.
Present zonine:: Medium Density Residential (R-2)
Land Use Map: Residential
Backe:round:
The property in question is approximately 6.3 acres in area described as TRS 692 & 693 La
Porte Outlots, W. B. Lawrence Subdivision, out of the William M. Jones Survey, Abstract
482, City of La Porte, Harris County, Texas. The subject tract has an existing 63,000 sq.ft.
dock high, tilt-up warehouse. The facility has been used for trucking, warehousing, and a
packaging/distribution site since the mid 1980's or longer, prior to annexation with the City
of La Porte. The property is adjoined by Carlow Lane to the north, three vacant commercial
tracts to the south consisting of :t35 acres bounded by a RC.F.C.D drainage channel to the
north and east, and Canada Road on the west. The property to the west of Canada Road and
south of the H.C.F.C.D. channel is a 33-acre undeveloped site for the City of La Porte's
proposed Westside Park.
The existing facility is located in an R-2 zoning district. The use of the facility is determined
to be legally pre-existing and nonconforming. Per Section 106-262 of the Code of
Ordinances, a use or structure that is nonconforming may be altered, remodeled or
improved, but not enlarged. The use of the facility is for general warehousing, which is not
an allowed use in R-2. The building and current use are considered pre-existing, non-
conforming and can continue to operate within the existing facilities. However, expansion of
the facilities and use cannot occur.
The subject property has a pending lease and the lessee will be using the site to assemble
and store agricultural machinery and equipment, e.g. tractors and farm machinery for
distribution purposes. The applicant's stated purpose for this request is to allow the
following improvements to the existing facility:
. Expand! enlarge parking area
· Repave parking area to control dust
· Painting of the exterior with a neutral earth tone color
· Connect to the City's sanitary sewer and eliminate on-site septic system
· Landscaping / screening and weed control
Board of Adjustment
5/22/08 - #NCU 08-001
Page 2 of3
Land Use - The City's Land Use Plan indicates this area is envisioned as developing into a
mixture of mid-to-high density and low density residential uses. The surrounding uses are
primarily single-family residential with manufactured housing in the vicinity.
Conformance of a request with the land use plan is one consideration among several criteria
to be considered in approving or denying an application. Other criteria may include:
· Character of the surrounding and adjacent areas;
· Existing use of nearby properties, and extent to which a land use classification would be
in harmony with such existing uses or the anticipated use of the properties;
· Suitability of the property for the uses to which would be permissible, considering
density, access and circulation, adequacy of public facilities and services, and other
considerations;
· Extent to which the designated use of the property would harm the value of adjacent
land use classifications;
· Extent to which the proposed use designation would adversely affect the capacity or
safety of that portion of the road network influenced by the use;
· Extent to which the proposed use designation would permit excessive air pollution,
water pollution, noise pollution, or other environmental harm on adjacent land use
designations; and,
· The gain, if any, to the public health, safety, and welfare due to the existence of the land
use designation.
Transportation - The City's Thoroughfare Plan shows Canada Road as a primary arterial,
a four-lane divided roadway with a right-of-way capacity from Fairmont Parkway to
Spencer Highway. The Canada Road widening project was completed several years ago.
This roadway provides more than adequate accessibility for circulation of traffic and may
accommodate the traffic generated by the future uses of the properties along Canada Road.
Utilities - With the widening of Canada Road project, public sewer system is now available
for the subject tract. Currently, sewer service is provided by an on-site septic system. In
addition, public facilities and services are sufficient to handle the supply of potable water
and fire protection for properties along Canada Road and in the neighboring residential
areas. Storm water drainage will be an issue that will be reviewed carefully with the future
development in the vicinity.
Landscaping - Current development standards require minimum 6% landscaping. There
currently is little to no landscaping for this site. The site plan should show a significant
amount of proposed landscaping and screening of the parking areas from the adjacent street
and screening from the neighboring residential across the channel. In addition, all
landscaped areas should have a sprinkler system to ensure healthy and sustainable plants.
Board of Adjustment
5/22/08 - #NCU 08-001
Page 3 of3
Conclusion:
Of all the improvements discussed above, the most critical is the nonconforming use of the
subject property. Out of approximately 6 acres of land, building area occupies 63,000 sq.ft
(1.45 ac.), existing parking area 2.55 ac., and the remaining 2 acres is undeveloped. The
applicant wants to develop 2 acres of land as an expansion to the parking lot. However, the
Code of Ordinances states that nonconforming use may be continued in operation on the
same land area and on the same floor in a structure, provided that such land area or floor
area shall not be increased.
The Board is charged to avoid and eliminate nonconformities whenever and wherever
possible. The Board must find the following in order to grant a request:
a) That there is a reasonable difference of interpretation as to the specific intent of the zoning
regulations.
b) That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated
c) The decision of the Board must be in the best interest of the community and consistent with
the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City.
Legend
:::/'.'18
'f'
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Raillines
--- Drainage Channels
Q Property Lines
I/; City Limits
Disetaimer: The City oILa Porte makes no representation or warranty as to /he accuracy of this map and ds mformatlon nor to ds fitness for use. Any user of thIs map product accepts the same AS IS,
WITH ALL FAULTS. and assumes a/l responsibility for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product
Independent verification of a/l information contained on this map should be obtained by the end user
City of La POrle
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
www./aportetx.gov
La Porte GIS Mapping
1 "equals 173 '
9
W\B
~ 106-262
LA PORTE CODE
(
structure shall have the burden of proving to the board of adjustment in such appeal
that the structure or use has not been abandoned for a period of 180 consecutive
calendar days, and that the owner or his representative did not intend to abandon the
nonconforming structure or use during said 180-day period.
(Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98)
Sec. 106-263. Nonconforming uses.
(a) C~ntinuance of nonconforming uses subject to this chapter. Subject to the provisions of
this chapter relating to extended useful life of nonconforming uses, any nonconforming use
may be continued in operation on the same land area and on the same floor in a structure or
structures which were occupied by the nonconforming use on the effective date of this
ordinance, provided that such land area or floor area shall not be increased, except that such
limitation shall not apply for farming uses.
(b) Changing a nonconforming use. Any nonconforming use or structure may be changed to
a use conforming to the regulations established in this chapter for the district in which the
nonconforming use or structure is located, or the nonconforming use or structure may be
changed to a use or structure more conforming to the zoning district in which the nonconform-
ing use or structure is located. For purposes of this section, the term "more conforming to the
zonmg district in which the nonconforming use or structure is located" shall mean a less
intense use, (per the Standard Industrial Classification Code). Whether or not a use is more
conforming to the zoning district in which the nonconforming use or structure is located is a
question to be determined by the planning director, subject to appeal as provided in this
division. A nonconforming use or structure so changed shall not thereafter be returned to a
nonc~nforming use or structure.
(Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98)
( (
'. \
Sec. 106-264. Notification of no~co~forming status.
Owners and occupants of property subject to extended useful life and/or termination of
nonconforming status pursuant to this division shall be notified of such status by the planning
director of the city. The planning director shall mail written notice, prior to or concurrently
with the notice of public hearing pursuant to section 106-266, to all persons having an interest
in property (as shown by the tax rolls of the city) where the property is located and to the
occupant of each nonconforming use in the city by regular and by certified mail, return receipt
requested. The notice shall state that the use is subject to a determination of its extended
useful life and termination requirements and shall specify the procedures for obtaining an
exemption from the extended useful life and termination requirements of sections 106-265 and
106-266.
(Ord. No. 1501-Z-1, ~ 5(exh. D), 2-9-98)
Sec. 106-265. Application for exemption from extended useful life requirement.
(a) Application requirements. An owner or qualified occupant of a nonconforming use or
structure may seek an exemption from the extended useful life and termination requirements
of section 106-266. The grounds upon which such an exemption may be sought shall be either:
Supp. No. 1
CD106:40
EXHJBJl B
ZONING
~ 106-262
into compliance with this chapter, or other codes and ?rdinances of the city. The burden of proof
in showing that the structure's repair cost does not exceed 50 percent of the replacement cost
of such structure rests upon the owner of such structure.
(e) Determination of replacement cost. In determining the replacement cost of any noncon-
forming structure, the cost ofland or any factors other than the nonconforming structure itself,
shall not be included.
(f) Repairs and alterations. Repairs and alterations may be made to a nonconforming
building or structure; provided, that no extemal alterations shall be made except those
required by law or ordinance, unless the building is changed to a conforming use. N f! additional
dwelling units shall be added where the nonconforming use results from there being more
dwelling units on the lot than is permissible in the district in which the building is located.
(
(
(g) Enlargement to nonconforming structure. A structure that is nonconforming may be
altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment
determines (pursuant to section 106-191) that such enlargement will not result in an increase
in the degree of nonconformity with the regulations and development standards ofthe district
in which it is located.
(1) Submission of schedule to eliminate nonconformity. The applicant shall present to the
board of adjustment a schedule for elimination or substantial reduction of the
nonconformity over a reasonable period of time not to exceed 20 years, or setting forth
the reasons why such action is not reasonably possible.
(2) Approval of schedule by board of adjustment. The board of adjustment shall review and
make any revisions found necessary to ensure that priority is given to elimination or
reduction of those nonconformities that have significant adverse impacts on surround-
ing properties, and which can reasonably be ameliorated taking into account the effect
of the configuration of the lot and the location of existing structures arid the cost of
eliminating or substantially reducing such nonconformities.
\
(h) Abandonment of nonconforming use or nonconforming structure.
(1) A nonconforming use shall be deemed abandoned when the use ceases to be used for
the nonconformity for a period of 180 consecutive calendar days. The nonconforming
use, when abandoned, shall not resume.
(2) A nonconforming structure shall be deemed abandoned when the structure ceases to be
used for the nonconformity for a period of 180 consecutive calendar days. The use of the
nonconforming structure, when abandoned, shall not resuIrie.
(3) When it has been determined by the enforcement officer that a nonconforming use or
structure has been abandoned, notification shall be made by certified mail to the owner
(as shown on the certified tax rolls) of the abandoned nonconforming use or structure.
The own~r or his representative seeking to maintain such nonconforming use or
structure may appeal the enforcement officer's decision to the board of adjustment. The
property owner or his representative seeking to maintain the existing noncon:f;'orming
Supp. No.1
CD106:39