Minutes of the Planning and Zoning Commission Meeting

April 17, 2012

The Planning and Zoning Commission met at 5:30 p.m. on Tuesday, April 17, 2012, in the Council Chamberat BaytownCity Hall located at 2401Market Street, Baytown, Texas.

Member(s) present:Brandon BenoitChairman

Gil ChambersVice-Chair

Joe FloydMember

Tracey WheelerMember

Lisa ClaryMember

Spencer CarnesMember

Shawn McDonald Member

Member(s) not R. D. BurnsideMember

present:

Staff Present:Kelly CarpenterPlanningDirector

Andrew AllemandDevelopment Review Manager

Karen HornerFirst Assistant City Attorney

Harold CheekComprehensive Planner I

Ryan GranataComprehensive Planner II

Raquel MartinezAdministrative Assistant

Chairman Benoitcalled the meetingto order at 5:30p.m. with a quorum present. He then proceededto discuss agenda item 7.a. prior to agenda item 1.a.

  1. MINUTES
  1. Consider Approving the Minutes of the Planning and Zoning Commission Regular Meeting for March 20, 2012.

Mr. Joe Floyd made a motion to approve the minutes as written for the March 20, 2012 and meeting of the Planning and Zoning Commission, seconded by Ms. Tracey Wheeler. Motion PASSED unanimously.

  1. CITIZEN COMMUNICATION

There are no citizens present to speak at this time.

  1. PLATS
  1. Hold a public hearing regarding the application of Samuel Vallagomesa for ESV Properties, LP, owner, for Garth Road Medical Plaza (Condominium Project) Preliminary and Final Plat, being a replat of Lot 2 of Bank of America, Baytown Final Plat, consisting of 4.225 acres located approximately 500 feet east of Garth Road on the north side of Birdsong Drive in Harris County, Texas.

There being no one present to speak, Chairman Benoit closed the public hearing.

  1. Consider the application of Samuel Vallagomesa for ESV Properties, LP, owner, for Garth Road Medical Plaza (Condominium Project) Preliminary and Final Plat, being a replat of Lot 2 of Bank of America, Baytown Final Plat, consisting of 4.225 acres located approximately 500 feet east of Garth Road on the north side of Birdsong Drive in HarrisCounty, Texas.

Ms. Kelly Carpenter presented the staff report. Staff would like to change their recommendation on the staff report from disapproval to approval since they did receive the required declarations for condominium plats from the applicant and the City Attorney’s office has reviewed them and found that they meet the minimum requirements of the code.

A motion was made by Mr. Gil Chambers to approve the GarthRoadMedicalPlaza (Condominium Project) Preliminary and Final Plat, seconded by Mr. Spencer Carnes. Mr. Joe Floyd commented on a discrepancy he found in the staff report, noting that the plat contains nine condo units instead of eight condo units as mentioned in the report. The discrepancy was noted by Mr. Andrew Allemand. Motion PASSED unanimously.

  1. Hold a public hearing regarding the application of Dayne Rice, authorized representative for the Ansari Family Limited Partnership, by Ammar Humza Hasan, LLC its General Partner, owner, for Baytown Medical Emergency Complex (Condominium Project) Final Plat, a replat of Garth Medical Plaza Minor Plat, being a replat of Unrestricted Reserve A of the Amending Plat of Rosemont at Garth Road, consisting of 3.11 acres located approximately 1,000 feet north of Archer Road on the west side of Garth Road in Harris County, Texas.

There being no one present to speak, Chairman Benoit closed the public hearing.

  1. Consider the application of Dayne Rice, authorized representative for the Ansari Family Limited Partnership, by Ammar Humza Hasan, LLC its General Partner, owner, for Baytown Medical Emergency Complex (Condominium Project) Final Plat, a replat of Garth Medical Plaza Minor Plat, being a replat of Unrestricted Reserve A of the Amending Plat of Rosemont at Garth Road, consisting of 3.11 acres located approximately 1,000 feet north of Archer Road on the west side of Garth Road in Harris County, Texas.

Ms. Carpenter presented the staff report. The Development Review Committee has reviewed the application and finds that it meets the minimum requirements of the code. Staff recommends approval.

A motion was made by Mr. Shawn McDonald to approve the Baytown Medical Emergency Complex (Condominium Project) Final Plat, seconded by Mr. Joe Floyd. Vice-Chair Gil Chambers inquired on the detention basin and Ms. Carpenter answered that the Rosemont Apartment Complex has the detention basin on its site and there are easements that go from the subject property to the rear of the apartment complex to where the detention basin is located. Vice-ChairGil Chambers also inquired on the ownership of the land versus the buildings and Mr. Davidson, who prepared the declarations for the association, answered that each individual would own their unit but theoretically the tract of land on which they sit would be common area and the shell of the building would need to be maintained by the condominium owners of the units within the building. Motion PASSED unanimously.

The meeting was then turned over to Vice-Chair Gil Chambers to preside over agenda items 4.a., 4.b., and 5.a.

  1. ZONING
  1. Hold a public hearing regarding the application of Commerce Construction Co. LP, agent for CHFHPP Interests, LLC, to rezone approximately 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) Districts to Light Industrial (LI) District, located south of Interstate 10, north of Needlepoint Road, west of the railroad tracks and approximately 2,600 feet east of Sjolander Road in Harris County, Texas.

Mr. John Semckin, applicant for Baytown Majestic and representative for Majestic Realty, stated they have had the subject property under contract since September 2011 and have done an analysis of the environmental, traffic and land uses elements of the site. Their company is the largest privately held industrial real estate development company in the United States and they build structures that are typically warehouse distribution facilities that store goods and then distribute them throughout the region and across the country. He apologized for not reading the staff’s recommendation prior to the meeting and agrees with everything except for item two, in which they are required to provide a 50-foot vegetative buffer on three sides of the property, which would encumber over 9,000 linear feet of frontage on the freeway and railroad track. They were not aware of this requirement and prefer that a vote not be taken at this time until he has the opportunity to speak with staff on the matter. Ms. Carpenter then explained that the applicant would have the option of requesting a landscape variance through the Zoning Board of Adjustment. Mr. Semckin withdrew his previous request to postpone the rezoning.

Mr. Ron Brooks, representative with Affinity Development and Chesmar Homes, developers of the residential subdivision directly across from site, mentioned that their only concern is the heavy traffic along Old Needlepoint Road, which is currently an asphalt two-lane road. Mr. Semckin stated they would try to limit traffic from their site using Old Needlepoint Road. Mr. Brooks is curious as to what would happen if the rezoning gets approved and the Majestic development does not go;are there other light industrial uses that would be more impactful on a neighboring subdivision? Ms. Carpenter answered that was a fair question and read aloud the allowed uses for a Light Industrial (LI) zoning district as stated in the Baytown Code of Ordinances. Mr. Brooks commented that they had no particular objection as long as buffers are put in place.

Ms. Tracy Blalock, resident at 6834 Hunters Creek, stated that the kids’ playground for their subdivision is on Old Needlepoint Roadand this development may subject her children to heavy truck traffic. There is already a lot of traffic on that road because of the nearby railroad track but it would be increased due to 24-hours a day operations at the warehouse. Her biggest concern is if there are buffers in place, who would be responsible for overseeing them, and they have not been given an analysis on how it would affect their home values. Ms. Carpenter commented that Chesmar Homes has made it clear that they would prefer a wall to be put in place and not just a vegetative buffer or landscaping. Traffic is generally discussed and looked at the platting phase of the project; however, no additional notice would be required to be sent to residents. Ms. Lisa Clary also stated that there is no way of determining the home values until they know for sure what business will be going on the site.

There being no one else present to speak, Vice-Chair Chambers closed the public hearing.

  1. Consider the application of Commerce Construction Co. LP, agent for CHFHPP Interests, LLC, to rezone approximately 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) Districts to Light Industrial (LI) District, located south of Interstate 10, north of Needlepoint Road, west of the railroad tracks and approximately 2,600 feet east of Sjolander Road in Harris County, Texas.

Ms. Carpenter presented the staff report. She stated all six factors were met in considering a rezoning application and staff recommends approval. Vice-Chair Chambers inquired on where the vegetative buffers would be set and Ms. Carpenter informed him that all sides except for the west side would require a buffer since the parcel on the west side is not in the city limits. Mr. Shawn McDonald asked what could be done to fix this issue since the parcel to the west side may be annexed in the future and the result would be no vegetative buffer. Ms. Carpenter stated there is nothing that can be done unless the applicant voluntarily sets a buffer; however, they are not required to do so at this time.

A motion was made by Mr. Joe Floyd to approve the rezoning application of Commerce Construction Co. LP for 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) Districts to Light Industrial (LI) District, seconded by Ms. Tracey Wheeler. Motion PASSED with a vote of 6 ayes. Mr. Brandon Benoit abstained from the vote.

  1. PLANS
  1. Consider amending the Baytown 2025 Comprehensive Plan to update the Thoroughfare Plan concerning property located south of Interstate 10, north of Needlepoint Road, west of the railroad tracks and approximately 2,600 feet east of Sjolander Road.

Ms. Carpenter presented the staff report. Staff recommends approval.

A motion was made by Mr. Spencer Carnes to recommend approval to City Council on updating the Thoroughfare Plan in the Baytown 2025 Comprehensive Plan, seconded by Ms. Tracey Wheeler. Motion PASSEDwith a vote of 6ayes.Mr. Brandon Benoit abstained from the vote.

Vice-Chair Chambers then proceeded to turn over the meeting to Chairman Benoit so he may preside over the remainder of the agenda items.

  1. BUSINESS ITEMS
  1. Discuss and consider a request by the City of Baytown, Texas, to increase the speed limit on Ferry Road between Cedar Bayou Road and Hayes Road, to install one stop sign at the intersection of Ferry Road and Hayes Road, and to install one stop sign at the intersection of Ferry Road and Alexander Drive in accordance with Chapter 94 “Traffic and Vehicles,” Article II “Administration,” Division 2 “Enforcement,” Section 94-63 “Authority and duties of the Planning and Zoning Commission” of the Baytown Code of Ordinances.

Ms. Carpenter presented the staff report. A traffic study was conducted by C J Hensch & Associates in January 2012 and based on the results staff was presenting a recommendation that the speed limit be set at 40 miles per hour, which is an increase from the current 30 miles per hour limit. Also, a recommendation was made to permanently install two stop signs in order to transition the traffic to a slower speed as it approaches State Highway 146.

A motion was made by Vice-ChairGil Chambers to recommend that the City Council approve increasing the speed limit on Ferry Road and to install the two permanent stop signs at intersections of Ferry Road,seconded by Ms. Lisa Clary.

Mr. Joe Floyd inquired on the current speed limit on Cedar Bayou Road and asked at what point does Cedar Bayou Road end and Ferry Road begin? Mr. Kevin Harvill, Assistant Director of Public Works, answered the current speed limit is 30 miles per hour and that Ferry Road begins where the road bends into a Y. Mr. Floyd and Ms. Wheeler inquired on why money was spent for a traffic study on only a portion of the roadway and on a road that has very limited traffic in general. It is a very narrow road. Mr. Harvill mentioned they conduct traffic studies throughout the city. Ms. Karen Horner made a clarification on procedure, noting that if the Planning and Zoning Commission approves then it goes on as a recommendation to Council but if they deny this request then it stops and is subject to appeal to City Council.

Vice-Chair Chambers withdrew his previous motion, seconded by Ms. Lisa Clary. Mr. Shawn McDonald then made a motion to deny both portions of the request, seconded by Mr. Joe Floyd. Motion PASSED unanimously.

  1. Discuss a report on the administration of the mapping program following the adoption of the UnifiedLand Development Code zoning regulations.

Ms. Carpenter mentioned that she was honoring staff’s commitment to Commission to report on the mapping program as they proceed to implement the ULDC zoning regulations. They provided a work program at their last meeting in which staff divided the city into four quadrants and they will be starting with public participation in the Lakewood and Bayway Drive area, which staff believes might be the easiest area to develop zoning recommendations for. They goal is to progress through the city from the easiest to the hardest areas in order to give staff the flexibility to learn during the process and bring the most effective analysis and presentation tools to bear on the most difficult area. Their goal is to conclude with the mapping program within the next six to twelve months. They are in a transition phase at this time since Mr. Allemand will be away for five months to serve in the reserves and the city needs to replace his GIS skills. Staff have taken a first look at all the HCAD and CCAD data and mapped it using the State of Texas land use codes for all 37,000 parcels in City of Baytown.

  1. DIRECTOR’S REPORT
  1. Present community service awards to past Planning and Zoning Commission Members in grateful appreciation of their outstanding dedicated service to the people of Baytown.
  • Mr. Barry Bobbitt served on the Commission from 2003-2011.
  • Mr. Rolando Valdez served on the Commission from 2003-2011.
  • Mr. Jim Hutchison served on the Commission from 2003-2012.

Ms. Kelly Carpenter mentioned that in the last six months, they had three long-term members of the Planning and Zoning Commission resign and they wanted to present them with a Community Service Award plaque for their commitment to the City of Baytown. Mr. Jim Hutchison was the only one present to receive his award.

  1. ADJOURN

With no further business before the Commission, Mr. Spencer Carnes made a motion to adjourn the meeting at 6:30 p.m., seconded by Ms. Tracey Wheeler. Motion PASSED unanimously.

______

Respectfully Submitted

______

Date

Minutes of the April 17, 2012 Planning & Zoning Commission Meeting 1