HomeMy WebLinkAboutO-1988-1501-D(A)
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ORDINANCE NO. 150l-D(A)
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 parcels 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 cal1ed 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-
ee
e.
Ordinance No. 1501-D(A), 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 located 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 shal1
hereafter be "NC-Neighborhood Commercial". The description of said
parcels of land rezoned to Neighborhood Commercial is as follows,
to-wit:
Tract 1. 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, and Cherry on
December 3, 1978.
Tract 2. 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, and Cherry on
December 3, 1978.
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
pIan.
.
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Ordinance No. 1501-D(A), Page 3
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 ~he
city for the time required by law preceding this meeting, as
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 rati-
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 ..tl- DAY OF ~ . 1988.
CIT~Y 0: LA PORTE ~ ~
By: '/h?7'~cY-;.I ~
ORMAN MALONE:, Y r
ATTEST:
~~
CHERIE BLACK, City Secretary
By:
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APPROVED:
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STATE OF TEXA'
COUNTY OF HARRIS
CITY OF LA PORTE
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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 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:
AIL 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 definitions; 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 ,.th,~\ meeting is convened.
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CITY OF LA PORTE
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Cherie Black
City Secretar'y
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EXHIBIT A
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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 to the City of La Porte Zoning Ordinance text and the
City of La' Porte zoning map will also ,be neld at this time. A
copy of the agenda for said meeting, showing the subjects of
such meeting, is attached hereto.
I hereby 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.
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CITY OF LA PORTE
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Cherie Black
City Secretary
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'Voice Of-The"8agshiJre,Since 1947'
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County of Harris
State of Texas
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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
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Office Manager
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this /7p.1 day of )Jaunt,!t..t-JV
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Notary Public
Harris County,
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Sworn and subscribed before me
A.D. 19f1.'
EXHIBIT B
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PUBLIC NOTICE
NOTICE OF.
PUBLIC HEARING
In'accordance with Ordinance 1501,
the City 01 La Porte Zoning Ordinance,
notice is hereby given that the La Porte
Planning IIhd Zoning (iommission will
conduct a public hearing at 7:00 p.m. on
the 19th dJy of November, 1987, in the
Council Chambers of .the City Hall, 604
West Fairrnont PlJI'kw_v, La Porte, Texas,
lor the purflose of .the'six-month review of
the City 01 La Port, Zoning qrctinance,
'1501, and the City: of L!l Porte Zoning
Map. The review 91 the 1:.onin Map will
specifically addre; thi'OIlO. ing:
All 01 Block 93, lJaylro . on to the
Town 01 La Porte, Harris Co~nty, Texas.
Requested change from R- 'E to General
Commercial. J
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2.984 acre tract out of tho W.M. Jones
Survey, La Porte, Harris County, Texas,
and being out of that 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 01 the W.M. Jones
Survey, La Porte, Harris County, Texas,
and "eing Qut 01 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 01 the text 01 the Zoning
. Ordinance will specifically address delini-
. tions; use Iable; landscaping require-
ments; parking requirements; accessory
structure requirements: sign regulations;
zoning procedures, including requiring
three-fourths (314) vote 01 City Council to
I overrule decisions 01 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 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 belore the meet-
ing is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
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INTER-OFFICE MEMORANDUM
To:
Mayor and City Council
Doug Latimer, Chail~man, c:;r
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 Com~ission, 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 Commission shall] reviet-l to determine'
~lhether 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 administration
and subsequent amendments to the original ordinance
which are inconsistent, conflicting or ambiguous.
4. Inconsistency with State Statutes or judicial decisions."
Using these guidelines, the
comprehensive review. of both the zoning
was conducted during study sessions,
hearings.
Commission has completed a
map and ordinance. This review
regular meetings and public
Hhile the
individually,
categories:
proposed
they can
a'mendments
be gro.uped
are too numerous to
into the following
L .
menl.10n
general
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A.
Hap lssues
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1. A chanBe of zoning cl~ssificaticn is proposed for three
tracts.
EXHIBIT C
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Mayor and City Council
Six Month Review
Page 2
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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 Interim Sign Regulations
The Planning & Zoning Comli1ission \.lould like to point out to the
City Counci.l that Section 11-507(8) of the proposed dl~aft for the
Zon ing Ord i.nance does inc 1 ude a pa i~agraph concern ing ex ist ing
permissive legislation on the "3/4 rule". If 'the City Council kept
this paragraph in the draft, it would require 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 sirl1ple 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 are allowed, rather than required,
to incorporate this type of provision into their zoning ordinances.
The City Staff has discu3sed the legislation with the legal council
for the Te~:as Hunicipal League. They told the City of La Porte that
"most cities did utilize the 3/4 rule and that the Texas Hunicipal
League favored its usage, but being permissive, the City Council 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
adopt ion of all proposed amendrilents to City Zon ing Ord inanc e No. 1501
and to the City of La Porte Zoning Map.
DL/nd
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STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
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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
wil1 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 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 ou~ 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 typog~aphical 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
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Cherie Black
City Secretary
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EXHIBIT D
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1200 Hwy. 146
Suite 180
P.O. Box 1414
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La pone. Texas 77571
(713) 471-1234
SUR
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra Eo 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
,L,~~j'i&~~
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Sandra E. Bumgarner
Office Manager
o Sworn and subscribed before
A.D. 19..iL.
me thi s :l.2!f day of 1~-<.L-~
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Nota y Public
Harris County, Texas .
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EXHIBIT E
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PUBLIC NOTICE
.
NOTICE OF
PUBLIC HEARING
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In accordance wilh 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 th~ 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./t7t, La POJle Zoning Ordinance,
# 1501, apd the,lCity of La Porte Zoning
Map, ThQ rei' , of the Zoning Map will
speciti~t'y a 'r~~s the following;
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'"itOf'BloCk, 3, ~aYfrOn; Addition 'to the :
Town of La,lJJorte, Harris County, Texas. i
Requeste~'change ~. - to General
commzr I.. ' " , " "
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2.9~ ,: cr~' ~c~' 0 :~;" ~' .M."':Jone'~,,:
Survey; La Porte,~ arris County, Texas, '
and being ofJr at 198.898 acres of '
la~d shown s II ct 3 on the plat of the'!
Falrmont Pa rea by,Shaner, Hicks &
Cherry on December 3, 1978. Requested
change from R-3. to Neighborhood
Commercial. " '",I.~(. " '/
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1.239 acre tract out o"'the W.M. Jones'/
Survey, La Porte, Harris County, Texas"l
and being out of that 198.898 acres of I
land shown as Tract 3 on the plat of the ,
Fairmont Park area by Shaner, Hicks & I
Cherry on December 3, 1978. Requested I
change from R-:3 to Neighborhood j
Commercial.' , ,
'. .. r __ .
The review of the text of the Zoning
Ordinl)nce will specifically address defini-
tions; landscaping requirements; parking
requirements; accessory structure
requirements; interim sign regulations; ,
zoning 'procedures, including requiring
three-fourths (314) 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, 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.
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CITY OF LA PORTE
Cherie Black ' " .' '.
City Secretary ',.: I ..
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EXHIBIT E
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