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HomeMy WebLinkAboutO-1988-1501-D(B) . . ORDINANCE NO. 1501-D(B) AN ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBEDi FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWi AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 19th day of November, 1987, at 7:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parc~ls of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incor- porated by reference herein and made a part hereof for all pur- poses. Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular ses- sion on the 11th day of February, 1988, at 7:00 p.m., to consider the changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated February 19, 1988, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 14th day of March, 1988, at 6:00 p.m., and pursuant to due notice, to consider the recommenda- . e Ordinance No. 150l-D(B), Page 2 tion of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties 10cated within two hundred feet (200') of the properties under consideration. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be "GC-General Commercial". The description of said parcels of land rezoned to General Commercial is as follows, to- wit: All of Block 93, BAYFRONT ADDITION to the Town of La Porte, Harris County, Texas. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amend- ments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments to City of La Porte Zoning Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as ,. . . Ordinance No. 1501-D(B), Page 3 required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotatedi and that this meeting has been open to the public as required by law at all times during which this or- dinance and the subject matter thereof has been discussed, con- sidered and formally acted upon. The City Council further rat i- fies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED THIS THE -LL- DAY OF ~~~ . 1988. CITY OF LA PORTE By: ~~~ ,L'~MA MA ON, ay r ATTEST: "'/f~~/~ . BLACK, 1ty Secretary By: By APPROVED: " f I . . . , . STATE OF TEXAS COUNTY OF HARRIS CITY OF' LA PORTE . NOTICE OF' PUBLIC HE~RING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a pUblic hearing at 7:00 P.M. on the 19th day of November, 1987, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of the six-month review of the City of La Porte Zoning Ordinance, #1501, and the City of La Porte Zoning Map. The review of the Zoning Map will specifically address the following: AI~ of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested change from R-1 to General Commercial. 2.984 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of.the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address definitionsj use table; landscaping requirements; parking requirements; accessory structure requirements; sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Commission during the Public Hearing will ,be required to sign in before ~h~\ meeting is convened. . ;' \\,: I'.:'~':>'I, CITY OF LA PORTE . ~ \ f I I : I I I I I " ,I' , I . . I," . \ " " ! " / (~ I ' . I, I, " I . ~ .." I Jj , ", I, " . II," '.'.,' ',' \\. I;' I V.u~ ttJ.<.-/ ..... Cherie Black City Secretary ~1.;;t(L " '~-v-. .iJ /fJ7 EXHIBIT A ,. .. ... .. . e r-- - . THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA PORTE X NOTICE OF MEETING Notice is hereby given that the La Porte Planning and Zoning Commission will meet on the 19th day of November, 1987, in the Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas, beginning at 7:00 P.M. A Public Hearing on proposed changes t~ the City of La Porte Zoning Ordinance text and the City of La Porte zoning map will also be held at this time. A copy of the agenda for said meeting, showing the subjects of such meeting, is attached hereto. I hereb1 certify that I posted this Notice on the bulletin board located at a' place convenient to the public at the City Hall of the City of La Porte, at 5:00 P.M. on the 16th day of November, 1987, and that (1) said Notice was posted for at least 72 hours preceding the scheduled time of the meeting; or (2) if this Notice was posted less than 72 hours but more than 2 hours before the meeting is convened, I hereby certify that said meeting was called because of an emergency or urgent public necessity limited to imminent threats to public health and safety or reasonable unforseeable situations requiring immediate action by the Planning and Zoning Commission. . Witness my hand and the Seal of the City of La Porte, Texas, this the 16th day of November, 1987. .' .". ". \ \ \ , , \ .' '\ 'I' I : 'J' I, .' \ ''''I! :'1 \ t I""'" " ,. ,..' ..,;,/,/, ..." I . " IJ , ,. t\ . ,'J , It" : " " " ~ : . . ,/... .' I . I ' (' I' ~ . I . , " ,', I. \ " ~ ,...., ~ . , " II' ). . I 'J i J", . " I . I ), I' I I I I . I' I 1",.1' 1,'1/11 \ I \\\,. " " CITY OF LA PORTE (!)~ ~k. Cherie Black City Secretary . -.. " " e ...', '. PUBLIC NOTICE NOTICE OF PUBLIC HEARING In'accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning q;,d Zoning jfommission will conduct a public hearing at 7:00 p.m. on the 19th ~y of November, 1987, in the Council Chamoors of jhe City Hall, 604 West Fairl'Jlont Pll/'kw_y, La Porte, Texas, for the pur/?ose of the'six-month review of the City 0' La Port,. Zoning qrctinance, #1501, anCf the Ci'l;ol L!l Po e Zoning Map. The review 'l1the 1:onin Map will specifically addr~r thl folio, ing: All of Block 93, ~yfro on to the Town of La Porte, Harris CoVnty, Texas. Requested change from R- t to General Commercial. J . . , I 2.984 acre tract out of the 'W.M. Jones Survey, La Porte, Hanis County, Texas, and being out of thai 198.898 acres 01 land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W.M. Jones Survey. La Porte, Harris County, Texas, and t>eing <<;Jut of that 198.898 acres 01 land shown as Tract 3 on the plat 01 the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change Irom R-3 to Neighborhood Commercial. The review of the text of the Zoning ; Ordinance will specifically address delini- , tions; use table; landscaping require- ments; parking requirements; accessory struclure requirements; sign regulations; zoning procedures, including requiring three-Iourths (314) vote 01 City Council to I overrule decisions 01 the Planning and Zoning Commission; and correction 01 typographical errors. Citizens wishing to address this public hearing on the above subjects may do so in writing. addressed to the City Secret- ary, P.O. Box .1115. La Porte, Texas 77571. Citizens wishing to address the Commission during the Public Hearing will be required to sign In before the meet- ing is convened. CITY OF LA PORTE Cherie Black City Secretary . \ I,,\~ .... ..u=c:..l:.l'~ \j~ R.... []Ll"'- , -1. ,.... . - . ,. . t" ,.... I. I 4 Th II l;"":;"';'~Ii~-"":"'- .. S e a~~.c"ore un 'Voice OrXfreJ}ayshore Since 1947' ........:f-. ,-, County of Harris state of Texas ,,:. ~. Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of November 04, 1987 +::::::~~~ Office Manager Sworn and subscribed before me this 17pV day of)?B2Un~&~~ A.D. 19.22.' , . ~ '-I (11-"' C ~ ~e.U7 ,Ill. ..-Jfd~~ Notary Public ................... Harris County, Texas .......\. \~, ~ '. ........ ,""'.......~......... "'Q' . :: "- ... .,'. 6Ji. ... ", "'. : :' ,....*+... ~,.. '.. =-.:,.. ....~.:: -:":a:. k.*:.-: ~ ~... ~ QI4..:~: -:, II' -.. "'0 ,tv ,," ~ I" ... .':, ~ 1..;so. "to .. .:' .. '" ... .... . ,':' ""-. "r ,......... ~ ...~.. .... :J I ' ~ ...... ..' ..' EXHIBIT B .\ l)=Cl-.. ",,\~= R '\J- "- (i~ ,lUll, . --1' J . ~" . .."".,.- ..... ,; . e INTER-OFFICE MEMORANDUM To: Mayor and City Council Doug Latimer, Chairman, ~ Planning & Zoning Commission From: Subject: Six Month Review of Zoning Ordinance and Map Date: February 19, 1988 For the past several months, the Planning & Zoning Comnission, as required by Section 11-504, has been engaged in a review of City Zoning Ordinance No. 1051 and the City of La Porte's Official Zoning Map. The purpose of this review is as follows: "... [The Planning & Zoning COr:1mission shall] reviet... to determine. whether the Ordinance has become deficient, obsolete and inadequate for any reason, including the following: 1. Defects in the original text 2. Defects in the zoning map 3. Deficiencies created by improper or lax ad~inistration and subsequent amendments to the original ordinance which are inconsistent, conflicting or aQbiguous. 4. Inconsistency with State Statutes or judicial decisions." Using these guidelines, the Commission has co~pleted a comprehensive review. of both the zoning map and ordinance. This review was conducted during study sessions, regular meetings and public hearings. Hhile the individually, categories: proposed they can amendments be gro.uped are too numerous to into the following mention general . . - A. Hap issues ~.... 1. A chanBe of zoning cl~ssificaticn is propo~ed for three tracts. EXHIBIT C . . '" It ~,. .{&. Mayor and City Council Six Honth Rev ie~l Page 2 ) B. Text Issues 1. Correction of typographical errors throughout the ordinance 2. Definition changes 3. Administrative changes 4. Use table changes 5. Landscaping requirements 6. Accessory building & use changes 7. Parking requirement changes 8. Sign requirements including Interi~ Sign Regulations The Planning & Zoning Commission Hou1d 1il{e to point out to the City Councj.1 that Section 11-507(8) of the proposed draft for the Zoning Ord5.nance does include a paj~agraph concerning existing permissive legislation on the "3/4 rule". If the City Council kept this pa ragraph in the draft, it would requ ire three- fourths of the members of the City Council voting affirmative in order to overturn a recommendation for denial of a proposed use change by the Planning & Zoning Commission. It would only ta~=e a sirap1e majority to deny a recommendation in favor of a change classification from the Planning' & Zoning Commission. This section is based on a provision of state law. The law is permissive in that Cities aj-e allowed, rather than required, to incorporate this type of provision into their zoning ordinances. The City Staff has discussed the legislation with the legal council for the Te}~as Hun ic ipa1 League. They told the City of La Porte tha t "most c it ies did ut i1 ize the 3/4 rule and that the Tex as Hun ic ipal League favored its usage, but being permiss i ve, the City Counc il must rule on it before adoption". The Commission has no objection to the inclusion or the exclusion of this requirement in the ordinance, we are forwarding it to Council for your consideration. Except as noted above, the Planning & Zoning Commission recommends adoption of all proposed amendlilents to City Zoning Ordinance No. 1501 and to the City of La Porte Zoning Map. DL/nd '- ~ ," STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE ~ ~ NOTICE OF PUBLIC HEARING In accordance with Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of receiving public input on the six-month review of the City of La Porte Zoning Ordinance, #1501, and the City of La Porte Zoning Map. The review of the Zoning Map will specifically address the following: All of Block 93, Bayfront Addition to the Town of La Porte, Harris County, Texas. Requested change from R-1 to Ge,neral Commercial. 2.984 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898 acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, .Hicks & Cher ry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. 1.239 acre tract out of the W. M. Jones Survey, La Porte, Harris County, Texas, and being out of that 198.898, acres of land shown as Tract 3 on the plat of the Fairmont Park area by Shaner, Hicks & Cherry on December 3, 1978. Requested change from R-3 to Neighborhood Commercial. The review of the text of the Zoning Ordinance will specifically address definitions; landscaping requirements; parking requirements; accessory structure requirements; interim sign regulations; zoning procedures, including requiring three-fourths (3/4) vote of City Council to overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Texas 77571. Citizens wishing to address the Council during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE 0- ~.... Cherie Black City Secretary . EXHIBIT D 1200 Hwy. 146 Suite 180 P.O. Box 1414 County of Harris State of Texas . . SUD Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of February 28, 1988 C" ( ,l~~~'I&~~ CJ Sandra E. Bumgarner Office Manager th is d!i!f da y 0 f 'Jd-t-i.....t:..7J c k<A'<E<<> 'h.. -i.a.~,,-, Nota y Public Harris County, Texas . Sworn and subscribed before me A.D. 19.f1L. , EXHIBIT E ~ n La Pone, Texas 77571 (713) 471-1234 """........, ""... ....., t " r. s ..... .._ ,,\" ......... tJ 00. .:" ".... 0 ... 61 o. ~ ".- .~\ 'J. -. tS' .....:. ... .... I. ./to. ..- lot.-: ~~'" ..... ~ ~', =. .::' ... ,. ~ :.. :J::~ ...~: -:: -: ~4&. o~:co:: ~ tIt~.....o . "fv ,,4t .- r" :- "-;, ~.1... 'fr ,1 ~ ... ,~ ...... " -.. ..... ..... -.. "........ q. ..~' ". i 4 ", ..~." '.'. .. ... " ~ PUBLIC NOTICE . NOTICE OF PUBLIC HEARING I In accordance with Ordin~nce 1501,1 the City of La Pone Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 p.m. on the 14th day of March, 1988, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Pone, Texas, for the purpose of receiving public input on the six-month review of the City~\ La poee Zoning Ordinance, #1561, apd the"City of La Pone Zoning Map. Thf re[i .' of the Zoning Map will specm,ly ad' r~~s the following: .r;;.."-" . .' '. ' '.- . . I All of Block~ 3, Bayfront Addition to the : Town of La/Pone, Harris County, Texas./. Requestes(~change jOlO General commzr I.~ . ., . . I : ~_ I' ",".. . . ,. 2.98~ .. cr~ ir~~~' (, :~~ ~. .M.':Jon~s'. Survey: La Pone,. 'arris County, Texas, " and being of!1r al 198.898 acres of land shown s TI 'ct 3 on Ihe pIal of the Fairmonl Pa k1tirea by Shaner, Hicks & Cherry on December 3, 1978. Requesled change from R-3 - to Neighborhood Commercial. " '. . ~.. .~(. " ?l:.': ',"i ,: ;';'''>~',~~.::~ . \ '1 1.239 acre tract out of the W.M. Jones Survey, La Pone, Harris County, Texas"l and being oul of that 198.898 acres of I land shown as Tracl 3 on the pIal of the , Fairmonl Park area by Shaner, Hicks & I Cherry on December 3, 1978. Requesled I change from R-a 10 Neighborhood , Commercial. . . : . I. . , The review of the text of the 'Zoning Ordin~nce will specmcally address defini- tions; landscaping requiremenls; parking requiremenls: accessory slruclure requiremenls; interim sign regulations; zoning 'procedures, including requiring Ihree-fourths (314) vole of City Council 10 overrule decisions of the Planning and Zoning Commission; and correction of typographical errors. .: , Citizens wishing to address this public hearing on the above subjects may do so in writing, addressed to the City Secretary, P.O. Box 1115, La Porte, Tex- as 77571. Citizens wishing to address the Council during the Public Hearing will be required to sign i~ bef~re the m~eting ,is, convened. ..,' I . , . . ...U_....,..h . ~.. ..... CITY OF LA PORTE Cherie Black .' . ' City Secretary "'/." . . . .'r . ... ..0. . .. . \~ EXHIBI r E . , ...