HomeMy WebLinkAbout1.15.2026 Meeting Minutes of the PZ Commission AMENDEDPage 1 of 11 January 15, 2026 – P & Z Commission Meeting Minutes
VICTOR PERES Chairman STEVE GILLETT Commissioner At Large A JOE MOCK Commissioner At Large B WAYNE LANDIN Commissioner District 1
RICHARD WARREN Commissioner District 2 Vice Chairman
SEAN MCCABE Commissioner District 3 MARK FOLLIS Commissioner District 4 DEWEY WALLS Commissioner District 5 NANCY OJEDA Commissioner District 6
MINUTES OF THE REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION
January 15, 2026
The Planning and Zoning Commission of the City of La Porte met in a regular meeting on Thursday, January 15, 2026, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:15 p.m., with the following in attendance:
Commissioners present: Commissioners Nancy Ojeda, Dewey Walls, Mark Follis, Joe
Mock, Victor Peres, Steve Gillett, Sean McCabe, Richard Warren, Wayne Landin.
City Staff present: Ryan Hvitløk, Director of Planning and Development; Johnna Matthews,
Planning Manager; Yvonne Briscoe, Planner II; Clark Askins, City Attorney; and Netra Nagoor, Planning Technician.
1.CALL TO ORDER
Chairman Victor Peres called to meeting to order at 6:17 p.m.
2.ROLL CALL OF MEMBERS
All members were present.
3.CITIZEN COMMENT
(Generally limited to five minutes per person; in accordance with state law, the time
may be reduced if there is a high number of speakers or other considerations.)
David Francis, 2304 Vanessa Cay Lane, inquired about the minutes of theDecember 18, 2025, meeting regarding the Special Conditional Use Permit
(SCUP) located east of Bay Area Blvd. Mr. Francis expressed concern about thepotential truck traffic adjacent to the existing residential subdivision. Thedevelopment could negatively impact property values for homeowners in Morgan’sLanding.
Chairman Victor Peres requested clarification regarding the property in question.
Yvonne Briscoe, Planner II, clarified the agenda item was Commercial Plat #PLAT-2025-0032 (associated with the Avera SCUP).
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Commissioner Mark Follis further clarified that the Commission’s role is to determine whether the property met the requirements for a plat, and not to evaluate the proposed development.
Clark Askins, City Attorney, added that because the item was not on the current
agenda, an in-depth discussion regarding the prior decision could be held offline with Matt Daeumer, Assistant City Manager.
4. CONSENT AGENDA
4.a Consider Approval of the Meeting Minutes
Approve the minutes of the December 18, 2025, regular meeting of the La
Porte Planning and Zoning Commission.
Commissioner Nancy Ojeda made the motion to approve the meeting minutes; the motion was seconded by Commissioner Dewey Walls. The motion passed 9-0.
5. DISCUSSION AND POSSIBLE ACTION
5.a Chapter 86 (Development Regulations) Amendment
Discussion and possible action for a recommendation to the La Porte City Council to amend Section 86-8 "Subdivision Plats" of the Code of Ordinances of the City of La Porte, Texas, to allow for Planning Director
approval of Final Plats, Vacating Plats, and Replats that do not require a public hearing, as allowed under Texas Local Government Code Chapter 212. [Ryan Hvitløk, Director of Planning and Development]
Ryan Hvitløk, Director of Planning and Development, presented Chapter 86 (Development Regulations) Amendment.
Commissioner Victor Peres inquired about the difference between a plat and subdivision.
Ryan Hvitløk, Director of Planning and Development, explained that a plat is the legal document used to subdivide a parcel of property. The terms plat and subdivision are used interchangeably. He further described other
platting processes: including a preliminary plat, final plat, administrative (minor) plat, and replat.
Commissioner Victor Peres inquired about the proposed updates to Chapter 86, questioning why the amendment would allow Director-level approval of replats when a public hearing is required.
Ryan Hvitløk, Director of Planning and Development, clarified that Director-level approval would apply only to replats that do not require a public hearing, such as commercial or industrial replats. Residential replats require a public hearing.
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Clark Askins, City Attorney, further clarified that Texas Local Government Code outlines when a replat requires a public hearing.
Commissioner Mark Follis made the motion to recommend approval of
Chapter 86 (Development Regulations) Amendment; the motion was
seconded by Commissioner Wayne Landin. The motion passed 8-1, with Commissioner Steve Gillett in opposition.
6. PUBLIC HEARINGS AND ASSOCIATED ITEMS
6.a Special Conditional Use Permit #SCUP-2024-0003
The Commission will hold a Public Hearing to receive input on Special
Conditional Use Permit (SCUP) #SCUP-2024-0003, a request by Mario Lanza, applicant, on behalf of 92 FAIRMONT LAKES INC, property owner, to allow for a residential subdivision including 204 single-family lots, generally located at the northeast corner of Wharton Weems Blvd. and SH
146 and on four tracts of land including a total of 56.75-acre tract of land,
La Porte; Harris County, Texas. [Johnna Matthews, Planning Manager]
The public hearing was opened at 6:35 p.m.
Johnna Matthews, Planning Manager, presented Special Conditional Use Permit (SCUP) #SCUP-2024-0003.
Commissioner Joe Mock expressed concern regarding the driveway on the northwest corner of the property, noting its location could increase traffic congestion along Fairmont Parkway. He inquired whether the driveway could be relocated to the south side of the property to allow traffic to enter
Highway 146.
Ryan Hvitløk, Director of Planning and Development, explained that the driveway cannot be relocated to the south due to TxDOT separation requirements. He stated that the northwest corner of the property remains the most suitable location for access to Highway 146 frontage road.
Commissioner Joe Mock inquired about the results of the traffic study done.
Mario Lanza, applicant, 11603 Spring Cypress Rd., stated that TxDOT approved the original traffic study, including the locations of both driveways. He further noted that the traffic study has since been amended to address the driveway location on Wharton Weems Blvd. He confirmed that the
location of the driveway on Highway 146 frontage road has been approved
and will be enforced by TxDOT.
Chairman Victor Peres clarified that the previous driveway locations were approved by TxDOT; the applicant is currently awaiting TxDOT approval to relocate the Wharton Weems Blvd. driveway further east. TxDOT requires the proposed driveway on Wharton Weems Blvd. align with the driveway
across the street.
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Commissioner Joe Mock stated that the property must have two access points due to the number of residential lots proposed.
Commissioner Dewey Walls inquired about the height of the fence adjacent
to the golf course.
Mario Lanza, applicant, stated that a tree line will be maintained along the property adjacent to the golf course.
Commissioner Dewey Walls expressed concern that individuals could potentially walk across the tree line and access the golf course by foot.
Commissioner Mark Follis stated that an existing wrought iron fence
prevents pedestrian access to the golf course. He requested clarification regarding the hedge line, noting it appeared to consist primarily of trees rather than shrubs. He further commented that, given the adjacency to the golf course, the hedges may not be necessary, while acknowledging that
their maintenance is consistent with standard landscaping practices.
Chairman Victor Peres inquired whether the ditch along Wharton Weems Boulevard would be sufficient to accommodate runoff from the proposed two-foot berm. He also expressed concern that the berm could extend into neighboring backyards and questioned where the collected water would
drain.
Mario Lanza, applicant, stated the proposed berm and six-foot fence have not yet been designed and approved. He added that the design will account for the twenty-five-foot building line along Wharton Weems Blvd. and will avoid impacts to the roadside and existing ditch.
Commissioner Steve Gillette expressed concern regarding the existing sanitary sewer easement running through the property where the driveway was previously proposed. He inquired if sufficient space would remain between the two homes to allow city access for maintenance. Residential
fencing could prevent access.
Mario Lanza, applicant, stated that the twenty-foot easement shown on the site plan provides sufficient space for maintenance.
Commissioner Sean McCabe inquired why a six-foot wall atop a two-foot berm is proposed instead of an eight-foot wall.
Chairman Victor Peres stated that the two-foot berm with a six-foot wall is
an additional option being considered.
Mercy Estrada, 611 Fairway Drive, expressed concerns that echoed the issues previously raised by City Council when Special Conditional Use Permit (SCUP) #SCUP-2024-0003 was referred back to the Planning and Zoning Commission due to key issues not being addressed. She
acknowledged that the Wharton Weems Blvd. entrance is relocated as
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requested. A sound study for a twelve-foot wall was also previously requested and has not been provided; instead, a report indicating an 8-foot sound wall would be effective. Another request was for documentation
demonstrating the potential impacts of runoff. Ms. Estrada further raised
concerns about the lack of drainage analysis, specifically how stormwater will affect areas downstream, emphasizing that these issues have implications for flooding risk, long-term livability, and property protection for residents.
Sophia Filfield, on behalf of the applicant, 9018 Tri-City Beach Road, stated
that an updated drainage study was completed in December and has been provided to the City.
Chairman Victor Peres confirmed that the drainage study presented to the Commission today is the most recent version.
Commissioner Joe Mock stated that the drainage study complies with the
more stringent design standards of Harris County and indicates zero impact to the surrounding community.
Mario Lanza, applicant, stated that a drainage study was provided, and is currently under review by Cobb Fendley. The twelve-foot sound wall was
suggested by citizens. He noted that the noise study for an eight-foot sound wall indicated a six-foot sound wall would be sufficient, making a twelve-foot wall unnecessary.
Chairman Victor Peres inquired whether City Council requested a study to assess the effectiveness of a twelve-foot sound wall at the meeting
December 8th.
Matt Dauemer, Assistant City Manager, stated that City Council did not request a noise study for a twelve-foot sound wall at their last meeting. Council requested a 12-foot sound wall study in January 2025 but took no further action to advise the applicant to complete the study. He further noted
that, prior to this meeting, the applicant met with a subset of City Council
members to discuss sound wall options for the proposed development, who indicated consideration of either a six-foot sound wall atop a two-foot berm or an eight-foot sound wall.
Commissioner Mark Follis inquired whether the primary concern was
related to noise from the neighborhood or adjacent freeway.
Mario Lanza, applicant, stated that the proposed sound wall is intended to mitigate noise from the adjacent freeway.
Commissioner Steve Gillett inquired whether the detention pond on the property is connected to the detention pond located south of Wharton
Weems Blvd. He expressed concern regarding the developer’s plan for a
dry detention pond, noting that the detention pond south of Wharton Weems Blvd. is wet detention.
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Mario Lanza, applicant, confirmed the detention ponds are proposed to be connected and that the detention pond on the property is situated above the
wet detention pond and therefore will remain dry.
Commissioner Steve Gillett inquired whether the dry detention pond will have a concrete channel, which may affect stability, or a grass channel and who will be responsible for maintaining the pond.
Mario Lanza, applicant, stated the dry detention pond is currently proposed
with a grass channel; the current erosion will be remedied during
construction. The Homeowners Association (HOA) will be responsible for all landscaping and maintenance of the detention pond. The public hearing was adjourned 7:09 p.m.
Commissioner Nancy Ojeda stated that the applicant has been appearing
before the Planning and Zoning Commission since 2021 and has
consistently followed through on all recommendations. She noted that the project’s minimum lot width is 33 1/3 feet, while the Commission has recently approved twenty-five-foot lots for another property. Commissioner Ojeda expressed her support for Special Conditional Use Permit (SCUP)
#SCUP-2024-0003.
Johnna Matthews, Planning Manager, clarified all lots on the property meet the minimum 50-foot lot width requirement.
Commissioner Nancy Ojeda made the motion to recommend approval of Special Conditional Use Permit (SCUP) #SCUP-2024-0003; the motion was
seconded by Commissioner Wayne Landin. The motion passed 9-0.
6.b Street and Alley Closure (SAC) #SAC-2025-0013
The Commission will hold a Public Hearing to receive input on Street and Alley Closure (SAC) #SAC-2025-0013, a request submitted by Alvin Artis, applicant, on behalf of Twilight Cemetery, Inc., owner, for the purpose of
vacating, abandoning, and closing 1) an approximately 6,520 square foot portion of the developed 80-foot W. Adams Street right-of-way between N. 13th Street to the west and N. 12th Street to the east, 2) an approximately 24,000 square foot portion of the undeveloped 60-foot N. 12th Street right-of-way between W. Polk Street to the south and W. Adams Street to the
north, and 3) an approximately 6,400 square foot portion of an undeveloped 16-foot alleyway between Lots 1-16 and 17-32, Block 685 of the Town of La Porte subdivision, La Porte, Harris County, Texas. [Yvonne Briscoe, Planner II]
The public hearing was opened at 7:13 p.m.
Yvonne Briscoe, Planner II presented Street and Alley Closure (SAC) #SAC-2025-0013.
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Commissioner Nancy Ojeda inquired why the applicant is pursuing the street and alley closure.
Nettie Warren, adjacent property owner on behalf of the applicant, 321 N.
1st Street, stated that the cemetery is seeking to obtain a historical
designation. She explained that, because graves are located within the right-of-way, a street and alley closure is required to apply for grants.
Public hearing was adjourned at 7:20 p.m.
Commissioner Mark Follis expressed concern about the abandonment of
the southern 20 feet of West Adams Street due to the potential
encroachment of the existing ditch and requested confirmation that Public Works reviewed the survey and recommended approval.
Yvonne Briscoe, Planner II, stated the survey does not show the ditch in question. Public Works reviewed the survey and stated they have no
objection to the abandonment.
Commissioner Nancy Ojeda made the motion to recommend approval of Street and Alley Closure (SAC) #SAC-2025-0013; the motion was seconded by Commissioner Sean McCabe. The motion passed 9-0.
6.c Chapter 106 (Zoning) Amendment
The Commission will hold a Public Hearing to receive input on proposed amendments to Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte, Texas, creating a new Section 106-312 to establish regulations for mobile food vendors. [Ryan Hvitløk, Director of Planning and Development]
The public hearing opened at 7:23 p.m.
Ryan Hvitløk, Director of Planning and Development, presented the proposed amendments to Chapter 106 “Zoning” of the Code of Ordinances.
Commissioner Mark Follis inquired about the implications if the proposed
amendment to Chapter 106, “Zoning,” creating Section 106-312,
establishing regulations for mobile food vendors, is not approved and state law takes effect on July 1.
Ryan Hvitløk, Director of Planning and Development, stated that if City Council does not approve the proposed amendment, the State of Texas would be the sole regulatory authority for mobile food vendors.
Commissioner Mark Follis inquired whether Harris County Health would
also have regulatory authority over mobile food vendors.
Ryan Hvitløk, Director of Planning and Development, stated Texas Department of State Health Services will be responsible for issuing permits
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to mobile food vendors; Harris County Health may assist by conducting inspections due to a lack of state inspectors.
Commissioner Mark Follis inquired why Neighborhood Commercial and
Main Street zoning districts were excluded from the permitted zoning
districts.
Ryan Hvitløk, Director of Planning and Development, stated the Main Street zoning district was excluded due to the presence of existing restaurants downtown, and the Neighborhood Commercial zoning district was excluded
because of its proximity to residential. The 106 subcommittee did not raise any concern with the exclusion of these zoning districts.
Commissioner Mark Follis inquired how many restaurants are currently on Main Street and if any of the existing restaurant owners spoke out against mobile food vendors operating on Main Street.
Ryan Hvitløk, Director of Planning and Development, stated that due to the
limited vacant properties on Main Street, and the limitation that food trucks are not permitted to park in the street staff proposes to prohibit food trucks from operating in the Main Street zoning district. None of the existing restaurant owners spoke out against mobile food vendors operating on Main
Street; however, there has been concerns from Main Street business owners in the past.
Commissioner Mark Follis inquired if mobile food truck parks would be permitted on Main Street and if current food trucks would become pre-existing non-conforming.
Ryan Hvitløk, Director of Planning and Development, replied that
regulations for food truck parks have not been proposed. The proposed regulation could be amended to allow food trucks on Main Street. He explained that the La Porte Code currently requires food trucks operating within 300 feet of a restaurant to obtain permission from that restaurant;
however, under the new state law, the City is no longer permitted to regulate
distance requirements from restaurants. He noted that the proposed amendment was drafted to maintain standards as close as possible to the City’s existing regulations while remaining compliant with state law.
Commissioner Steve Gillett expressed confusion regarding the lack of
regulations for food truck parks. He inquired whether the existing food trucks on Main Street would be grandfathered and whether, once they cease operations, no other mobile food vendors would be permitted on Main Street.
Ryan Hvitløk, Director of Planning and Development, confirmed the existing
food trucks on Main Street would be grandfathered once the proposed amendment is passed. Further discussions with the City Attorney would
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need to take place before a formal answer could be given on how these nonconforming situations would be addressed.
Commissioner Steve Gillett inquired about the difference between the
proposed amendment and all regulations being left to the state.
Ryan Hvitløk, Director of Planning and Development, stated that the state department regulates only health and safety standards, not zoning standards.
Commissioner Steve Gillett inquired how health and safety standards would
be upheld if mobile food vendors are prohibited from connecting to the city’s
water and sewer lines. In addition, food vendors are required to provide hand-washing facilities for customers.
Ryan Hvitløk, Director of Planning and Development, stated onboard water is one method by which mobile food vendors can comply with health and
safety standards. No changes have been made to the health and safety
standards for mobile food vendors.
Chairman Victor Peres noted that while Harris County requires proof of restroom and water access to obtain permits, food trucks sometimes operate in noncompliant locations after approval. Limited county inspectors
make enforcement difficult. He stated that city zoning would restrict mobile food vendors to approved areas and expressed concern about dumping waste in city water and enforcement if the ordinance is approved.
Ryan Hvitløk, Director of Planning and Development, stated that the proposed amendment closely follows the mobile food vendor ordinance
recently approved by City Council. Since no zoning permits would be
required for food trucks, enforcement of the regulations would be primarily complaint-based.
Chairman Victor Peres expressed concern that the proposed two-hour time
limit could be abused by food trucks. He recommended revising the
amendment to only allow the two-hour time limit in residential zoning districts. The time limit was intended to allow mobile food vendors at private residential events who don’t have a valid zoning permit. Currently, the time limit undermines the proposed zoning regulations due to lack of
enforcement officers in the city.
Ryan Hvitløk, Director of Planning and Development, stated mobile food vendors are becoming increasingly popular at apartment complexes. Although food trucks are not a valid use in residential zoning districts, the two-hour time limit allows mobile food vendors at private residential events. As proposed, mobile food vendors would be permitted in any zoning district
if operating for under two hours.
Commissioner Mark Follis inquired if food trucks can park in public right-of-way.
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Ryan Hvitløk, Director of Planning and Development, stated mobile food vendors cannot park in public right-of -ways. The intent of the two-hour provision is to not limit private residential events.
Commissioner Mark Follis inquired if mobile food vendors who will be
operating for longer than two hours are required to operate on private property with a valid zoning permit and if mobile food vendors could be required to have a public restroom for patrons.
Ryan Hvitløk, Director of Planning and Development, confirmed that, as
written, the proposed amendment requires mobile food vendors operating for longer than two hours to locate on private property with a valid zoning permit. Requiring public restrooms for patrons is not permissible under the new state law.
Commissioner Nancy Ojeda noted having mobile food vendors at private
events in apartment complexes greatly boosts residents’ morale.
The Public Hearing was adjourned at 7:58 p.m.
Commissioner Mark Follis made a motion to recommend approval of the proposed change, creating a new Section 106-312 to establish regulations for mobile food vendors with an amendment to permit mobile food vendors
in the Main Street (MS) zoning district; the motion was seconded by Commissioner Steve Gillett. The motion passed 8-0, with Chairman Victor Peres abstaining.
Commissioner Nancy Ojeda made a motion to recommend approval of the revised change with an amendment to remove the two-hour exemption and
allow mobile food vendors in residential districts for no longer than two (2)
hours; the motion was seconded by Commissioner Steve Gillett. The motion passed 8-0, with Chairman Victor Peres abstaining.
7. ADMINISTRATIVE REPORTS
Ryan Hvitløk, Planning and Development Director, provided updates on recent City
Council actions.
• City Council approved a SCUP for off-site parking at 401 S. 16th Street.
• Livable Centers Study (H-GAC grant): a small area plan from Barbers Cut to
Wharton Weems, and HWY146 to the bay is underway. The project has a 12-
month timeline and will begin in February). Halff and Associates was selected as the consultant for the project.
• City received a Texas General Land Office grant to rewrite all development
codes. The project is expected to take 2.5 years to complete and starts in March. Staff is currently reviewing applications to select a consultant.
8. COMMISSIONER COMMENT