MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING April 19, 2016

Transcription

1 CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING April 19, 2016 The Planning and Zoning Commission met at 5:00 p.m. on Tuesday, April 19, 2016, in the Council Chamber at Baytown City Hall located at 2401 Market Street, Baytown, Texas. Members Present: Spencer Carnes Chairman Shawn McDonald Vice-Chair Donna Winfrey-Varner Member Gilbert Chambers Member Benjamin Boul Member Mr. Bo Cox Member Pete Côté Member R.D. Burnside Member Members Not Present: Brandon Benoit Member Staff Present: Tiffany Foster Planning Director Karen Horner Assistant City Attorney Nathan Dietrich Senior Planning Manager Harold Cheek Comprehensive Planner Shelly Shelton Planner II Nai Mongiello Administrative Assistant CALL TO ORDER Chairman Spencer Carnes called the April 19, 2016, Planning and Zoning Commission meeting to order at 5:00 p.m., with a quorum present. 1. MINUTES a. Consider approving the meeting minutes of the March 15, 2016, Planning and Zoning Commission Meeting. Ms. Donna Winfrey-Varner motioned to approve the minutes of the February 16, 2015, Planning and Zoning Commission meeting as written, seconded by Mr. Pete Côté. Motion PASSED unanimously. 2. PLANS a. Consider approving Trinity Oaks General Development Plan, being approximately 90 acres, located north of Evergreen Road and west of Tri City Beach Road, legally described as a part of and out of the William Scott Lower League, Abstract 65, Harris County, Texas. Mr. Harold Cheek summarized the item adding that there will be some minor changes to this plan and it may be amended in the future. Although it is not part of the general plan, there is a desire to have commercial development to the north. Ms. Tiffany Foster stated that the general plan is a first step and an

2 overview. Detailed reports and specifics will be addressed when the Commission reviews the individual sections of the development. Mr. R.D. Burnside motioned to approve the general plan, seconded by Mr. Bo Cox. Mr. Gil Chambers asked where the detention is located. Mr. Jerry Gainer, design engineer for the project, stated that there is no detention for this project as it will not be required. The location is in the watershed of Cedar Bayou and detention at this location would impede drainage. Mr. Chambers asked if the property that is deeded to the City was purchased by the City. Mr. Gainer explained that the developer bought the land and deeded it to the City. Motion PASSED unanimously. 3. PLATS a. Consider approving Trinity Oaks Section One Preliminary Plat, being approximately 24.1 acres at Tri City Beach Road, generally located north of Evergreen Road and west of Tri City Beach Road, legally described as part of and out of the William Scott Lower League Abstract 65, Harris County, Texas. Mr. Harold Cheek summarized the item. Mr. Cox motioned to approve the preliminary plat, seconded by Mr. Côté. Ms. Donna Winfrey-Varner asked what the width of the lots are; Mr. Gainer stated that the lots in Section One are 6o foot wide lots and lots in Section Two are generally 50 foot wide lots. Motion PASSED unanimously. b. Consider approving Trinity Oaks Section Two Preliminary Plat, being approximately 26.5 acres at Tri City Beach Road, generally located north of Evergreen Road and west of Tri City Beach Road, legally described as part of and out of the William Scott Lower League Abstract 65, Harris County, Texas. Mr. Cheek summarized the item. Mr. Burnside motioned to approve the final plat, seconded by Mr. Cox. Ms. Winfrey-Varner asked if the connection between Section One and Section Two is a bridge. Mr. Gainer stated that there would be a bridge-type structure with a culvert as this road will cross Pine Gully. Mr. Cox asked about a road that goes north; Mr. Cheek stated that road is a part of a future commercial development. Mr. Chambers asked if there was going to be ingress and egress to the south; Mr. Cheek stated that there is only one ingress and egress on Tri City Beach Road. Motion PASSED unanimously. c. Consider approving Rollingbrook Estates Section One Preliminary Plat, being approximately 28.2 acres located south of Rollingbrook Drive and east of Emmett Hutto Drive, legally described as part of and out of Harvey Whiting Survey, Abstract 840, and William Scott League, Abstract 66, Harris County, Texas. Mr. Cheek summarized the item. Mr. Chambers asked about drainage, detention and the design standards for the Harris County Floodplain District. Mr. Richard Cansler, with Civil Concepts, stated that a detention pond, with adequate capacity, has been built. There is also a mitigation pond on Goose Creek that is owned by the City; the developer worked with the City to expand the pond. Both the detention and the mitigation have been approved by Harris County. Mr. Burnside motioned to approve the preliminary plat, seconded by Mr. Cox. Motion PASSED unanimously. d. Consider approving Rollingbrook Estates Section Two Preliminary Plat, being approximately 10.6 acres located south of Rollingbrook Drive and east of Emmett Hutto, Minutes of the April 19, 2016, Planning & Zoning Commission Meeting 2

3 legally described as part of and out of Harvey Whiting Survey, Abstract 840, and William Scott League, Abstract 66, Harris County, Texas. Mr. Cheek summarized the item. Mr. Cox motioned to approve the preliminary plat, seconded by Mr. Burnside. Mr. Chambers asked for additional information on the distance of the development from Goose Creek; Mr. Dietrich estimated the distance to be over 300 feet. Motion PASSED unanimously. 4. VARIANCES a. This application is to request a subdivision variance to allow a shared access easement for a lot without right-of-way frontage for future residential development and a variance to exempt the requirement for access and frontage for an adjoining lot, for approximately 2.5 acres part of and out of Lot 12, Block 23, Highland Farms, ETJ, Harris County, Texas. Ms. Foster stated that shortly before this meeting began, the applicant for this item withdrew the application. 5. ZONING Chairman Carnes read the procedures for public hearings. a. Conduct the first public hearing concerning a proposed amendment to the official zoning map to rezone approximately 1.77 acres of land, save and except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388, located at 6822 North State Highway 146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2, Chambers County, Texas, leaving 0.58 acres from Open Space/Recreation (OR) to General Commercial (GC). Ms. Shelley Shelton summarized the item. With no one desiring to speak, Chairman Carnes closed the public hearing. b. Conduct the first public hearing concerning a proposed amendment to the official zoning map to rezone approximately 12.8 acres, located approximately 900 feet east of the intersection of State Highway 146 (SH 146) and Old Needlepoint Road, legally described as part of and out of William Bloodgood Survey, Abstract No. 4 and Restricted Reserve G, Block 1, Chambers Town Center Minor Replat No. 3, Baytown, Chambers County, Texas, from General Commercial (GC) to Mid-rise density mixed residential dwellings units (MF2). Ms. Shelton summarized the item adding that this development meets City Council s guidelines for multifamily developments. Mr. Robert Hall, Chambers County Engineer, is concerned about the drainage as well as the condition of and conditions near Old Needlepoint Road; it is a narrow chip seal road, has sewer lines in the north shoulder, power lines in the south shoulder and will not withstand construction traffic. There are also concerns about drainage and access to SH 146. Mr. Brian Wood, President of the Pine Meadows HOA, stated that many residents in the Pine Meadows subdivision are concerned with increased traffic, crime and home devaluation. He and his constituents believe that the best use of the property would be a commercial development. Mr. Wood presented 12 Minutes of the April 19, 2016, Planning & Zoning Commission Meeting 3

4 letters from homeowners in the Pine Meadows subdivision; all letters expressed opposition to the rezoning application. The letters are attached. Mr. A.R. Senac, Chambers County Commissioner, stated that he was not aware that residents were opposed to the project and that Chambers County is not opposed to the rezoning as demographics show a need for the Class A multi-family development. He added that the County is developing a regional drainage and detention plan. He also referred to an access management plan being conducted on SH 146 by HGAC. He believes that Old Needlepoint will be an important east-west corridor and it is a possible Cedar Bayou crossing point. Mr. Shawn McDonald stated that this development would add a great deal of traffic to an already congested area. Mr. Burnside asked if the development would be subsidized; Mr. Senac stated that the developer has provided information stating that they would be market-rate apartments. Ms. Foster stated that the City, Chambers County and TxDot have requested a TIA and if the analysis demonstrates a need to improve Old Needlepoint Road, the cost would be borne by the developer. Mr. McDonald stated he believes that the best use of the land would be a commercial use. Brandon Guillory, with Kimley-Horn, stated that the TIA will be submitted to the City in approximately two to three weeks. The intent is for the access on SH 146 to be right in/right out access and for Old Needlepoint Road to be used for emergency access. c. Conduct the first public hearing concerning the granting of a special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas. Mr. Cheek summarized the item including the five conditions recommended by staff in the Staff Report. Mr. Chambers is concerned about protecting Cedar Bayou and flooding as the development is in the floodplain of Cedar Bayou. Ms. Foster stated that the applicant has submitted a variance request to the Engineering Department to allow him to build in the Watershed Protection Zone. Mr. Burnside asked if the development was in the floodway; Mr. Shakyaver stated that, per our GIS map, it is in the floodway. Mr. Burnside asked what the requirements for the road would be; Mr. Cheek stated that an asphalt road would be sufficient per the code. Ms. Marilyn Williams declined to speak. Mr. Drew Williams declined to speak. Ms. Victoria Fayle stated that she is opposed to the development; she is concerned about increased traffic. Mr. Keith Coburn stated that is opposed to the development; he is concerned about flooding, sewage overflow and barges hitting the shoreline. Mr. Thomas Logan stated that he is opposed to the development. He is concerned about increased traffic, speeding, flooding, noise, the transient nature of the inhabitants, that the buildings will not be adequately screened and that the development will be adjacent to his property. Ms. Peggy Scrivner is opposed to the development; she is concerned about flooding. Ms. Diana Laxson is concerned about the road, the bridge and the watershed; she is not opposed to the development if it brings improvements to these issues. Minutes of the April 19, 2016, Planning & Zoning Commission Meeting 4

5 Mr. Peter Swales, one of the owners of the subject property, stated that the width of Kilgore Road is the same on the other side of Ward Road, has a school and a lot of residential housing but accommodates the traffic adequately. He asserted that an RV Park will neither encourage nor discourage speeding and that there will be a TIA. Mr. Swales stated that the flotsam line on one of the buildings was approximately 12 inches. He stated that there would be ample time to remove RV s in a rain event. He concluded that he believes this development would be an asset to the community and will comply with all City codes and requirements, some of them very stringent. Ms. Winfrey-Varner asked about a 5 acre area with no infrastructure. Mr. Swales stated that there will be no development in that area; it may be used for walking paths and such. Mr. David Himsel is opposed to the development; he is concerned about protecting Cedar Bayou, litter and debris, broken sewer connections and flooding. Mr. Mike Lester is opposed to the development; he is concerned about increased density, increased traffic, unsafe traffic conditions, the ownership of Jones Road, noise, lighting, the protection of Cedar Bayou, and that an MU zoning district is not the optimum location for an RV Park. Mr. Reggie Brewer is opposed to the development; he agrees with previous speakers and adds that it is not a good project from a business perspective. He is particularly concerned about flooding and the impact of the development on the neighborhood. Mr. Brooke Beiter is opposed to the development. Mr. Mario Sanchez is opposed to the development; he believes that there will be a negative impact to families, neighbors and the community. With no one else desiring to speak, Chairman Carnes closed the public hearing. d. Conduct the first public hearing concerning Unified Land Development Code (ULDC) text amendments to add a definition of "vegetative buffer zone," to allow nursing homes and assisted living facilities in the Neighborhood Serving Commercial (NSC) zoning district with conditions; and to add vegetative buffer zones to the compatibility standards for the NSC zoning district. Ms. Shelton summarized the item. With no one desiring to speak, Chairman Carnes closed the public hearing. e. Conduct the second public hearing concerning Unified Land Development Code (ULDC) text amendments to add a definition of "vegetative buffer zone," to allow nursing homes and assisted living facilities in the Neighborhood Serving Commercial (NSC) zoning district with conditions; and to add vegetative buffer zones to the compatibility standards for the NSC zoning district. Ms. Shelton summarized the item. With no one desiring to speak, Chairman Carnes closed the public hearing. f. Consider making a recommendation and preparing a report concerning Unified Land Development Code (ULDC) text amendments to add a definition of "vegetative buffer zone," to allow nursing homes and assisted living facilities in the Neighborhood Serving Minutes of the April 19, 2016, Planning & Zoning Commission Meeting 5

6 Commercial (NSC) zoning district with conditions; and to add vegetative buffer zones to the compatibility standards for the NSC zoning district. Mr. Côté motioned to make a recommendation and prepare a report, seconded by Mr. Cox. Motion PASSED unanimously. g. Conduct the first public hearing concerning amendments to the Code of Ordinances, including the Unified Land Development Code (ULDC), in order to remove all reference to Neighborhood Conservation (NC), a zoning district no longer used. Mr. Nathan Dietrich summarized the item. With no one desiring to speak, Chairman Carnes closed the public hearing. h. Conduct the second public hearing concerning amendments to the Code of Ordinances, including the Unified Land Development Code (ULDC), in order to remove all reference to Neighborhood Conservation (NC), a zoning district no longer used. With no one desiring to speak, Chairman Carnes closed the public hearing. i. Consider making a recommendation and preparing a report concerning amendments to the Code of Ordinances, including the Unified Land Development Code (ULDC), in order to remove all reference to Neighborhood Conservation (NC), a zoning district no longer used. Mr. Burnside motioned to make a recommendation and prepare a report, seconded by Mr. Cox. Motion PASSED unanimously. j. Conduct the first public hearing concerning proposed amendments to the Unified Land Development Code to allow the use of containers, with conditions, in all residential districts as primary or accessory uses; and to permit barns and stables, with conditions, in the Low Density Single-Family Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. Mr. Dietrich summarized the item. Mr. Cox asked if there was a size limitation; Mr. Dietrich said no. Mr. Israel Perez stated that the masonry and architectural standards will defeat the purpose of having a container house. With no one else desiring to speak, Chairman Carnes closed the public hearing. k. Conduct the second public hearing concerning proposed amendments to the Unified Land Development Code to allow the use of containers, with conditions, in all residential districts as primary or accessory uses; and to permit barns and stables, with conditions, in the Low Density Single-Family Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. Mr. Burnside asked for examples of container houses. Mr. Dietrich showed examples and explained that although container houses would be allowed, they would have to adhere to masonry and architectural standards. Minutes of the April 19, 2016, Planning & Zoning Commission Meeting 6

7 Mr. Chambers would prefer that containers be called shipping containers. Ms. Foster referred to the definitions in the ULDC. With no one else desiring to speak, Chairman Carnes closed the public hearing. l. Consider making a recommendation and preparing a report concerning amendments to the Unified Land Development Code to allow the use of containers, with conditions, in all residential districts as primary or accessory uses; and to permit barns and stables, with conditions, in the Low Density Single-Family Residential Dwellings (SF1) and Mixed Residential at Low to Medium Densities (SF2) Zoning Districts. Mr. Côté motioned to make a recommendation and prepare a report, seconded by Mr. Cox. Mr. Chambers asked about containers being used as accessory dwellings. After some discussion, Mr. Côté amended his motion to specify that all other additional accessory uses that would be able to utilize a container for construction will be added to the table with B25 as a land use condition, seconded by Mr. Cox. Motion PASSED unanimously. 7. DIRECTOR S REPORT a. Present a report regarding action taken by City Council on planning and zoning items. Ms. Foster thanked the Commission for their hard work. 7. ADJOURN Chairman Carnes called for the meeting to adjourn at 7:20 p.m. Minutes of the April 19, 2016, Planning & Zoning Commission Meeting 7

8

9

10

11

12

13

14

15

16

17

18

19