Minutes of the Planning and Zoning Commission Meeting

November 27, 2012

The Planning and Zoning Commission met at 5:30 p.m. on Tuesday, November 27, 2012, in the Council Chamberat BaytownCity Hall located at 2401Market Street, Baytown, Texas.

Member(s) present:Brandon BenoitChairman

Gil ChambersVice-Chair

Tracey WheelerMember

Spencer CarnesMember

Bo CoxMember

Lisa ClaryMember

Shawn McDonald Member

Member(s) not R. D. BurnsideMember

present:Joe FloydMember

Staff Present:Kelly CarpenterPlanningDirector

Tiffany FosterAssistant Planning Director

Karen HornerFirst Assistant City Attorney

Harold CheekComprehensive Planner I

Ryan GranataComprehensive Planner II

Raquel MartinezAdministrative Assistant

Chairman Benoitcalled the meetingto order at 5:35p.m. with a quorum present.

  1. MINUTES
  1. Consider approving the minutes of the September 18, 2012 Planning and Zoning CommissionMeeting.

Mr. Alan Hudgins, 3047 Ferry Road, referred to the letter provided from Graywood Civic Association that was attached to the minutes. He said that he submitted an email at the June 19, 2012, meeting of the Planning and Zoning Commission to Ms. Kelly Carpenter regarding agenda item 2.a. that he requested to be included with the minutes. They were not included. He also commented on the minutes for the October 16th meeting under agenda item 1.a. regarding Chairman Benoit’s comment and read excerpt from Baytown Code of Ordinance,Chapter 2, Article IV “Boards and Commission”, Section 2-317.

Ms. Tracey Wheelermade a motion to approve the minutes as written for the September 18, 2012, meeting of the Planning and Zoning Commission, seconded byMr. Spencer Carnes. Mr. Gil Chambers commented on page 4 of the minutes in item 3.g. – It is written as “Vote of 6 to 2” but 2 abstained so it should be “vote 6 to 0”. Ms. Tracey amended her motion to include the revision, seconded by Mr. Spencer Carnes. Motion PASSED unanimously

  1. Consider approving the minutes of the September 18, 2012 Planning and Zoning CommissionWork Session.

Ms. Tracey Wheeler made a motion to approve the minutes as written for the September 18, 2012, work session of the Planning and Zoning Commission, seconded byMr. Spencer Carnes.Motion PASSED unanimously.

  1. Consider approving the minutes of the October 16, 2012 Planning and Zoning CommissionMeeting.

Ms. Lisa Clarymade a motion to approve the minutes as written for the October 16, 2012, meeting of the Planning and Zoning Commission, seconded by Mr. Bo Cox.Motion PASSED unanimously.

  1. PLATS
  1. Consider the application of Chambers Town Center, Ltd. For ChambersTownCenter Final Plat, a 68.1960 acre commercial subdivision, located southeast of the intersection of Interstate 10 and State Highway 146 in Chambers County, Texas.

Chairman Benoit stated this item has been removed from the agenda.

  1. Consider the application of LGI Homes – West Meadows, LLC for West Meadows Subdivision Section Three Final Plat, consisting of 14.2116 acres, located approximately 2,800 feet west of Thompson Road on the north side of Interstate 10 East in Harris County, Texas.

Ms. Kelly Carpenter stated that the case manager, Mr. Ryan Granata, would present thisproject to the Commission. Mr. Granata presented aerials of the property and a copy of the plat on the projector screen. The Development Review Committee has reviewed the application and finds that it meets the minimum requirements of the code. Staff has recommended approval.

A motion was made by Ms. Lisa Clary to approve the West Meadows Subdivision Section Three Final Plat, seconded by Mr. Bo Cox. Motion PASSED unanimously.

  1. ZONING
  1. First public hearing regarding the application of First Christian Church of Baytown to rezone approximately 10.4 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District for commercial development, located on the southwest corner of Archer Road and North Main Street in Harris County, Texas.

Mr. James Moore, 1109 E James, stated his request is forthe zoning to be mixed-use with the idea that one day the corner of Archer and N Main Streetcan become a commercial property for a new church that is being donated by a church member. The church is approaching their 100-year celebration and they would like to move into that facility at that time. The property was recently annexed but there are no residential homes near so he does not understand why the area waszoned residential. Chairman Benoit stated that when a property is annexed, it is automatically zoned as Neighborhood Conservation.

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

  1. First public hearing regarding the application of Bob Leiper to amend Chapter 130 and the UnifiedLand Development Code to allow accessory structures to be constructed prior to the primary structure with an approved special use permit.

Mr. Erin Smith signed up but chose not to speak.

Mr. Alan Hudgins, 3047 Ferry Road, mentioned that agenda item 3.b. contains false information. Mr. Bob Leiper, City Manager, did not sign the application but instead it was signed by theDeputy City Manager, Ron Bottoms. The Baytown Code of Ordinance only allows for the city manager, council, or mayor, to make such a request. Is the application in violation of what is stated in the Baytown Code of Ordinances?

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

  1. Second public hearing regarding the application of James David McCartney to amend Section 130-572 of the Baytown Code of Ordinances, “Supplementary use standards” and Article Two, Division 3 of the Baytown Unified Land Development Code, “Land use tables and conditions” to allow residential units on the first floor in the Arts, Cultural, and Entertainment (ACE) District with conditions.

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

  1. Consider a recommendation and prepare a report regarding the application of James David McCartney to amend Section 130-572 of the Baytown Code of Ordinances, “Supplementary use standards” and Article Two, Division 3 of the Baytown Unified Land Development Code, “Land use tables and conditions” to allow residential units on the first floor in the Arts, Cultural, and Entertainment (ACE) District with conditions.

Ms. Kelly Carpenter presented the staff report. This is an application for an amendment to Chapter 130 of the Baytown Code of Ordinances and to Article Two, Division 3 of the Baytown Unified Land Development Code, to permit residential dwelling units on the first floor provided certain conditions are met in the ACE zoning district. Staff took the position of not making a recommendation of approval or disapproval.

Ms. Tracey Wheeler mentioned that the document states you cannot have a doorway facing Texas Avenue but it does not mention anything about residential windows which would still create an issue. Ms. Carpenter suggested amending the document to state no windows are allowed instead of just assuming that the developer will not install residential windows on first floor facing Texas Avenue. Mr. Gil Chambers asked a question regarding design standards.He had trouble understanding the wording in the Use Conditions Table and would like for it to be consistent with what Council approved.

A motion was made to deny the request to amend Section 130-573 of the Baytown Code of Ordinances, seconded by Ms. Lisa Clary. Mr. Shawn McDonald provided some discussion regardinga living unit needing to have escape routes such as windows and doors in exterior walls. Mr. Bo Cox asked that if this item was denied, how long before they can reapply. Ms. Carpenter answered it would go on to City Council with a recommendation for denial and Council will consider it. They would have to wait six months before they can reapply unless there is a change in condition before the six months. Motion FAILED with a vote of 1 to 5. Nays:Ms. Tracey Wheeler, Mr. Spencer Carnes, Mr. Gil Chambers, Mr. Shawn McDonald, Mr. Bo Cox

A second motion was made to approve the text amendment as written by Mr. Shawn McDonald seconded by Mr. Spencer Carnes. Motion FAILED with a vote 2 to 4. Nays: Ms. Lisa Clary, Mr. Bo Cox, Ms. Tracey Wheeler, Mr. Gil Chambers

A third motion was then made by Mr. Bo Cox to table this agenda item until the next meeting, seconded by Ms. Lisa Clary. Motion PASSED unanimously.

  1. PLANS
  1. Public Hearing regarding the draft of the Baytown Mobility Plan.

Mr. Alan Hudgins, 3047 Ferry Road, mentioned that the Baytown Mobility Plan contains large amount of fascinating information. He has only begun to scratch the surface but is fascinated by it. He asked the Planning and Zoning Commission to please host a community workshop similar to the March 8thand October 12thworkshops held in 2011 in order to give the public a full understanding of what is in the Mobility Plan. For example, there is a plan in Chapter 7 to expand the city airport runway to 5,000 feet and that would involve permanent closure of East Cedar Bayou Lynchburg Road plus a large scale buyout of residential properties in that area. Do property owners even know about this? Hehopes the Planning and Zoning Commission will consider his request. Mr. Gil Chambers asked Mr.Hudgins to read the aviation section again in order to gain a better understanding of the details.

Ms. Tina Walker, representative of the consultant, URS Corporation, presented a PowerPoint Presentation. She indicated some of the highlights of the Mobility Plan, which consists of eleven chapters. She included copies of the presentations and meeting notes from the public participation workshops, as well as slides on Land Use, Travel Demand Model, Cedar Bayou Roadway Crossing, Cedar Bayou Port Infrastructure Analysis, Multi-modal Assessment, Access Management, Thoroughfare Plan Update, and their recommendations. Ms. Walker shared some of the citizen input received at the public workshops, which included a need for more bicycle lanes, more sidewalks, more trails, and avoid creating another Garth Road within the city.

Ms. Walker provided the Commissioners a comparison of the existing land use map andthe proposed Future Land Use Map. One of the main differences is to border the High Industrialzoning district with a more commercial district/parkway which would provide a buffer to surrounding residential areas. She also provided a comparison of the existing thoroughfare plan map and the proposed thoroughfare plan map.

Ms. Carpenter gave some high altitude comments on the document and presentation. She stated that the travel demand model is a document with geographic information aboutBaytownthat is presented to the Houston-Galveston Area Council (H-GAC),the agency with the authority to decide how federal dollars are spent. Therefore, they need to have the very best data in the model, which is very expensive. The City of Baytownneeds federal funding so they need to keep a good relation with H-GAC. Ms. Carpenter stated that it has been great working with URS Corporation even though there were some challenges but they were very cooperative.

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

  1. Consider a recommendation to adopt the Baytown Mobility Plan.

A motion was made by Mr. Spencer Carnes to recommend adoption of the Baytown Mobility Plan, seconded by Mr. Shawn McDonald.

Mr. Bo Cox asked what would happen if the Commission adopts the Baytown Mobility Plan. Ms. Carpenter answered that they are recommending to Council to add the Mobility Plan as a chapter in the Baytown 2025 Comprehensive Plan and the City Council may choose to make changes when they consider the adoption.

Motion PASSED unanimously.

  1. DIRECTOR’S REPORT
  1. Upcoming Planning and Zoning Commission Workshop on December 20, 2012 at 4:00 p.m.

Ms. Carpenter informed the Commissioners thatthey chose at their October 16thmeeting to hold a work session and meeting on December 20, 2012. There will be an agenda item regarding the Chambers Town Center Plat (Wal-mart) on their next meeting agenda which makes it very important to the City and to the applicant that the Planning and Zoning Commission hold a meeting. She asked for the Commissioners to confirm attendance or choose a new date. The Planning and Zoning Commission confirmed their attendance.

  1. ADJOURN

With no further business before the Commission, Ms. Tracey Wheelermade a motion to adjourn the meeting at 6:50 p.m., seconded byMs. Lisa Clary. Motion PASSED unanimously.

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Respectfully Submitted

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Date

Minutes of the November 27, 2012 Planning & Zoning Commission Meeting