O-2007-1501-L5 R06-003 - Laserfiche WebLink

Browse Search

REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Ordinance p & Z Staff Report Aerial Map Zoning Map Public Notice Responses Mail-Out Sheet Rezone Opposition Petition Budgeted Item: N/A N/A N/A N/A N/A Source of Funds: Department: Planninl! Account Number: Report: _Resolution: _Ordinance: X Amount Budgeted: Exhibits: Amount Requested: SUMMARY & RECOMMENDATION During the December 11, 2006, Council meeting, the issue ofthe Canada rezone from R-2 to GC matter was heard. State Law states that if a written protest is signed by 20% of the residents within the 200-foot ring from the proposed rezone, a vote of three-fourths of "all the members of the governing body" is required to pass the motion. This is also reflected in Section 106- 171 (7) of Chapter 106 (Zoning) of the City Code of Ordinances. The rezone vote at the December 11th meeting was 4 to approve and 3 against. Staff has since had the opportunity to check the written petition submitted against the rezone. Since the petition was submitted shortly before the meeting, there was insufficient time to verify the names on the list. Of the 18 mail- outs to properties within the 200-foot zone, 7 of the owners are signatories on the petition (or 39%). The names and/or addresses of the citizens who signed the petition and are included within the 200-foot ring are as follows: Gilbert Duran Jr.; 9225 Barton Ct. Frederick Paulus; 9225 San Saba Ct. Brant Morgan; 9214 Caddo Ct. Robert Martinez Jr.; 9222 Desirable Dr. John Harmon; 9222 San Saba Ct. Claudia Rogers; 9221 Barton Ct. Teri Ann McMullen (Phyllis Barnes signed); 9221 San Saba Ct. Since the petition was opposed to the rezone it is, therefore, a protest under the defmition of the ordinance. A positive vote for the rezone would have required 7 votes from "all members of city council" as worded in Section 106-171 (7). As such, the previous motion on this matter failed to achieve the required number of votes for approval and Staff is recommending that the December 11, 2006, motion be rescinded. There is no statutory time limit to reconsider this issue. Should council reconsider the matter, a reprint of the previous Staff report is as follows: The Planning and Zoning Commission, during their November 16, 2006, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R06-003. The request was made by the property owner ofTRS 692C, 693B, 706, and 707, La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The subject tract (17.7717 acres) is located to the east of Canada Road and 1000' north of Fairmont Parkway. Currently, the property is zoned Medium Density Residential (R-2). The property is in the vicinity of an existing warehouse/storage facility, a mobile home park, single-family residential subdivisions across the Harris County Flood Control District ditch, and the City's 33 acres of land for proposed Westside Park. Last year, approximately 35 acres oflandjust south of the subject tract, located at the intersection of Canada Road and Fairmont Parkway, was also rezoned from Medium Density Residential (R-2) to General Commercial (GC). The Buxton Study, a commercial study on La Porte, along with the widening of Canada Road (lOO'ROW) project, has prompted the owner/developer to re-evaluate development options and consider providing commercial/retail at this intersection. Earlier, the City of La Porte selected three sites to be analyzed and ranked for possible retail development, revitalization, in order to attract commercial developments in the area. The Study recommended and the Council selected Canada RoadlFairmont Parkway intersection as the best retail potential site based upon Canada Road eventually being