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HomeMy WebLinkAboutO-2005-1501-PPPP R05-004 . ORDINANCE NO. 1501-:eP P P - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM HIGH DENSITY RESIDENTIAL TO GENERAL COMMERCIAL REQUESTED BY THE SEVILLE PLACE DEVELOPERS, LLC., OF THIS 6.20 ACRES LAND, PT. OF TRACT 22A, LOCATED IN THE W.M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 May 2005, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, 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 "An, 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", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on May 19, 2005, the Planning and Zoning Commission of the City of La Porte met in regular session to consider 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 May 20, 2005, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. e ORDINANCE NO. 1501-W P Page 2 . "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 13th day of June, 2005, at 6:00 p.m., and pursuant to due notice, to consider the recommendation 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 "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "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 from High-Density Residential (R-3) to General Commercial (GC)." The description of said parcels of land is as follows, to-wit: "6.20 acres, Pt. of TR 22A, W. M. Jones Survey, Abstract No. 482, 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 amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. e ORDINANCE NO. 1501-mP 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 the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, 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 131'0- day of June, 2005. CITY K.LA PORTE~ By. ~~, ~ ALTON PORTER, Mayor A~ 8 . 'fIt1~a 4Jtu M flJA GILLEtt, City Secretary e e THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of May, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Zone Change Request #R05-004, requested for property located north of Fairmont Parkway and southeast of Luella Boulevard adjacent to Seville Place, from High Density Residential (R-3) to General Commercial (GC). The property is further described as 6.20 acres, pt. ofTR 22A, being 7.6812 acres of land out of 22.3547 acre tract of land as conveyed by deed, as recorded under Harris County Clerk's File No. U129425, situated in the William H. Jones Survey, Abstract No. 402, La Porte, Harris County, Texas. The applicant, David L. Brown on behalf of Seville Place Developers, LLC., seeks to develop a mixed office, retail, convenience store, and restaurant at this site. A regular meeting of the Planning and Zoning ~ommission will follow the public hearing. The Commission will act upon the public hearing items and conduct other matters. Citizens wishing to address the Commission pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (28/) 471- 5020 or TDD Line (281) 471-5030 for further information.' ~m8111iJ .4\ . . I,. ~ THE ST A,:I:C ,er '1'EXAS ~ CO!}NTYOF HAR~'S ; CITY OF LA PO~ ' I: · NOTICE OF PUBlIC I , HEARING I; , ' \ j In accordance with the ~ II provisions of Section 106- " 171 of the Code of Ordl- rt1 : I nances of the City of La ; Porte and the provisions of \ the Texas Local Govern- I men1 Code, notice is here-, l by given that the La Porte Planning and Zoning Co~', mission will conduct a pub- ' I lie hearing at 6:00 P.M. on the', 19th day of May. '2005, in' the CoullCll I Chambers of City Hall, 604 I West FSinnont Parkway, Porte , La Po ,~~xas. !he,Pur.: arris r po thiS hearmg IS to ; CChange. xas , re-.; or p~ rty ,Iocat- i ed no f Fairmont Park- , way and southeast of Luel- ! the undersigned authority, on this date : la Boulevard adjacent to: peared Karolyn Kellogg a duly authorized Seville Place, from High . '. ',Density Residential (R-3) J. ve of The Bayshore Sun, a semJ.-weekly 'to General Commercial ublished and generally distributed in the I (GC). The property Is fur- Porte Harris County Texas and who after I ther described as 6.20' , . I acres,pt.ofTR22A."'ing" sworn, swears the attached notlce was_ I 7.6812 acres of land out of in The Bayshore Sun dated 05/()'-f/O) , 22.3547 acre tract of land ' ,'as conveyed by deed. as '. ! recorded under' Harris I County Clerk's Fiie No; &3 U129425, situated In' the. j~ William H. Jones Survey" . . Abstract No. 402. La -v . ! Porte. Harris' Cciunty, ! Texas. The applicant, Da~'> l' gg , vld L. Brown on behalf of' Seville PIac& DeveloPers. LLC,. seeks to develop a mixed offlce. retail,' con- venience store, and res- _ .,. taurantatthissite, subscribed before me this 3/ P'" , 2005. reel 77571 281-471-1234 Fax: 281-471-5763 t re SUD day of , A regular meeting of the Planning and Zoning Com- d ~ mission will follow the pub- ~. i;;>..e.~. s:...ev1.,,",~ lie hearing. The Commls- U Sandra E. Bumgarner Notary Public Harris ,County, Texas My Commission Expires April 30, 2006 $.. ~m~1iii ~ . . City of L~ Porrttce Established 1892 May 20, 2005 Honorable Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-004 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its May 19, 2005, meeting, held a public hearing to consider Rezone Request #R05-004, for the property located north of Fairmont Parkway and east of Luella Boulevard adjacent to Seville Place, from High Density Residential (R-3) to General Commercial (GC). The property is further described as 6.20 acres, pt. of TR 22A, being 7.6812 acres ofland out of 22.3547 acre tract ofland as conveyed by deed, as recorded under Harris County Clerk's File No. U129425, situated in the William H. Jones Survey, Abstract No. 402, La Porte, Harris County, Texas. The applicant, David L. Brown on behalf of Seville Place Developers, LLC., seeks to develop a mixed use commercial, office, retail, convenience store, motel, and restaurant at this site. The Planning and Zoning Commission, by unanimous vote, has recommended approval of Rezone Request #R05-004. 7!rr::i:- Pat Muston Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. 0 La Porte, Texas 77571 0 (281) 471-5020 I ~H~8\~'[ \~ . e THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of June, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Zone Change Request #R05-004, requested for property located north of Fairmont Parkway and southeast of Luella Boulevard adjacent to Seville Place, from High Density Residential (R-3) to General Commercial (GC). The property is further described as 6.20 acres, pt. of TR 22A, being 7.6812 acres ofland out of 22.3547 acre tract ofland as conveyed by deed, as recorded under Harris County Clerk's File No. U129425, situated in the William H. Jones Survey, Abstract No. 402, La Porte, Harris County, Texas. The applicant, David L. Brown on behalf of Seville Place Developers, LLC., seeks to develop a mixed use commercial, office, retail, convenience store, motel, and restaurant at this site. A regular meeting of the City Council will follow the public hearing. The Council will act upon the public hearing items and conduct other matters. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (28/) 47/- 5020 or TDD Line (28/) 47/-5030for further information. ":"';'-7-l fo P i(5)'!'Fil>1 Th .' 0"\11 .:i~;.Q)U U 1lJJ THE S~:e-oF"l EXAS . e COUNTY OF HARRIS I , CITY OF LA PORTE !h Street has 77571 2S1-471-1234 Fax: 2S1-471-5763 I ance ' IIh the I , I 06- J 171"of e' rdi- - nances f e 'City of La 0 e Porte a d lhe provisions or 9 the Texas Local Govern- )f menl Code, notice is here. Id , by given that the La Porte is City Council will conduct a is public hearing at 6:00 P.M. o. on. ~~.::~~':" ~y..2!- Ju,!~! '\El 'William H. Jones Survey. Abstract No. 402, \.,a Porte' Harris County. Tex~. The applicant. Da. : vid L, Brown on behalf of ~ Seville Place Developers, 'LLC. seeks to develop a a Porte , mixed use commercial. !'t- H . t'l convenience a r r 1. s lice re al . store, molel, and restau-rexas rant at this site. 'A regular meeting of the the undersigned authority, on this date I City eounci.' will tollOW th~ ,ppeared Karolyn Kellogg a duly authorized I ublic heanng. The Cou~ , '. : P'I will act upon the publIC t1. ve of The Bayshore Sun, a sem1.-weekly '~earing items and conduct published and generally distributed in the other matters., Porte, Harris County, Texas and who after ,. , sworn, swears the attached notice was Citizens wishing to' ad-in The Bayshore Sun dated 05 /;,:1S- /o..s- '\ dress the council pro or . . con during the public .hea!- , Ing are required, to ~Ign ~ before the meeting IS co. - vened. CITY OF IJl, poRTE Martha Gillett, TRMC City Secretary ,~jjg~ .logg This facility has disability accommodations availa- ble Requests for accor:n- Ibscribed before me this mddations or Interpretive 2 0 0 5 services' at meetings , . should be made 4~ hours i~~' tu~~~, /.a:T day of Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 s . ~:;~nH1mt1Il'ii' ~ . e StatTReport May 19, 2005 Zone Change Request #R05-004 Requested by: David L. Brown, on behalfof Seville Place Developers, LLC. Requested for: 6.20 acres, pt. of TR 22A, being 7.6812 acres of land, William M. Jones Survey, La Porte, Harris County, Texas. Location: Luella Boulevard at Fairmont Parkway Present Zonine:: High Density Residential (R-3) Requested Zonine:: General Commercial CGC) Backe:round: The property in question is approximately 6.20-acre tract out of7.6812 acres of undeveloped land, being a pt. of TR 22A, 22.3547 acre tract ofland as conveyed by deed, as recorded under Harris County Clerk's File No. U129425, situated in the William M. Jones Survey, Abstract 402, La Porte, Harris County Texas. The subject tract is just south of proposed Seville Place Apartments to be located at 3701 Luella Boulevard. The property is strategically located in the near vicinity of mixed-use developments, i.e. single-family residential districts, apartment complex, San Jacinto College, Golf Course, and commercial establishments. The above 7.6812 acre tract splits into two zoning classifications. A 1.48 acre parcel at the southeast of Luella and Fairmont Parkway is zoned General Commercial CGC) as per zoning map. The remaining 6.20 acres parcel along Luella Boulevard is zoned High Density Residential (R-3). The purpose of rezoning is to allow mixed-use commercial office building, retail, convenience store, restaurant, and motel etc. The applicant is seeking this rezoning as a means to market the property towards specific businesses that currently operate in the immediate geographic area. Analvsis: The commercial classification is intended to provide for the establishments of town centers convenient, business, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods, area residents/visitors and are intended to draw customers from the other geographic area as well. With careful consideration and planning, this interrelationship may be beneficial to the whole community. In fact, the City has been consistent with providing a conducive environment to the extent and nature of development along major roads within the City limits. . e #R 05-004 P&Z 5/19/05 Page 2 of 4 However, the relationship to the Comprehensive Plan needs to be emphasized as much as possible. In considering this request, Staff has reviewed the applicable chapters of the Comprehensive Plan. These chapters include; land use, transportation, utilities, and development strategy. Land Use - The Land Use Plan indicates this area envisioned as developing as commercial and mid to high density residential with front along Fairmont Parkway as commercial uses. The tract in question is within the vicinity of residential/commercial establishments all along the major roads. Recently, the City adopted new multi-family regulations. As per rule, multi- family development must be located at least 1,000 feet from other multi- family residential development. Given the eventual completion of Seville Place Apartments, in this case another multi-family development here is not allowed. So, the current land use designation will be inappropriate for the subject property. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying an application. Other criteria may include: . Character of the surrounding and adjacent areas; . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - This location at the corner of Fairmont Parkway, a semi- controlled access highway and Luella Boulevard, a major collector street between Fairmont Parkway and Spencer Highway, provides more than adequate accessibility for circulation of traffic and may accommodate the . e #R 05-004 P&Z 5/19/05 Page 3 of4 traffic generated by the proposed uses. There should be no impact on traffic flow to and from the abutting residential neighborhoods. However, the City would approve a properly designed median cut and left turn bay for southbound Luella Boulevard traffic access. Internal roadways shall be designed and constructed in conformance with the City Standards. Since traffic movement is the primary function of these roadways, access management at this intersection would be essential. Driveways connecting directly onto these roadways should be minimized to avoid traffic congestion and other delays caused by turning movements for vehicles entering and existing driveways. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. Provisions will have to be made to ensure that all on-site infrastructure or improvements to accommodate the water and sanitary sewer needs of this development. Storm water drainage issue will be reviewed with the site development plans. Development Strategy - One of the tenets of the Comprehensive Plan is to encourage new construction of vacant properties. It is also necessary that the City should consider action to attract the types of new developments with an effective approach to the development process. Here, it is noted that the property is no longer utilized for apartment complex due to nearby Seville Place and 1,000 ft rule. It is staffs opinion that it is an appropriate location for new commercial development, which can sustain investment in the area as the basis of successful development strategy. Based on the above issues, staff finds the requested change conforms to the present zoning and uses of nearby properties. The tract in question is suitable for the requested change to GC making an environment conducive for business development. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It would not have a significant impact on traffic conditions in the area and utilities would not be affected. Conclusion: . There was no apparent error in assigning the present zoning designation to the tract in question. . By virtue of location and underlying land use designation, it does satisfy the criteria established for commercial developments. The applicant has demonstrated that the requested zoning would represent the highest and best use of the property. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. #R 05-004 P&Z 5/19/05 Page 4 of 4 Recommendations . e Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from R-3 to GC. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from R-3 toGC. . Recommend to Council denial of this rezoning request from R-3 to GC. . Table this item for further consideration by the Commission. . e RECEiVED A Meeting of the La Porte ~r,AY' '" r ~oor I'U-l. 1 t..! '.1 PhnninR & Zo~ Commission (Type of Meeting) Scheduled for PLANNING DEPT, May 19-, 2005 (Date of Meeting) to Consider Rezone Request # ROS-004 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ) ~~~~ ~~. K lclJ) \J-tlL~ 'b' +0 L uJ. t;.l \r VV'OJ\. t- ~llL-- Namy(fleasr1rint) Address D ~LCL~>>~ lL~~\-1C \T~ II S-~ l Signature City, State, Zip L- . 9 8 N.T.S. ....-......:..,.. ~;., . ~.... . LEGEND NORTH EAST CORNER OF LUELLA BLVD. & FAIRMONT PARKWAY R-l. LOW DENSITY RESIDENTIAL R-2. MEDIUM DENSITY RESIDENTIAL o R-3. HIGH. DENSITY RESIDENTIAL gm GC. GENERAL COMMERCIAL PROPERTY. OUTLINE '. .'ft!;~:;:i~;~;~i~~:~t~{;~~i;:~~,i{;5g:;?~::~;;t:~i~:1[t~'~1:~;?~~;,~~4a;!I;;.:'<(:. ...... ~,~, ," ,. '1"" .. ... .... '0'" "",~ ....... ~1.1" .. .. .. .. . ... ':': 'J: " : ", "'t' ~:)~ "~>~:;";~j ;.;,V~ >; ~ e e e . ~ , ...... ~ ., '/, - '( ., ., .. ;,~J?;~' ~_ '~~:;:!~~ . I J "... l..~#~., ...I.J . .J;:"'"1I ~ _' . . .c.. .' .._, . ,t. _ . ~~ }; ;':i}~~~ .. ~. '.~, .' ",/,t:;.;:, ,~.~:;', ~ ,.,..',."., ~ ,.,.,.' ',.. ,,' ~.' , ~ {~:". ';\'::~ .. 'f . '" '0 ','-' .. ..'. i ":,, , ~ ~,:'. ~' . ' , ;'.i~:.'r' .~~. f<: : .... .( - '" ~;:,; ,:- ,;;"' ,~. ~..~~.'~-.'--= "" .~"~~'ff~l,~~:~{; DRAiNAGii: "~!t ,.\ ...: ~a;. '!..I .,.J ". ..;to, tj.1 ". " :~: :1 '~'I """j "G(I ',,1 y; . r -, - ......v~ '(,J' " BOULEVARD 4:~1..?'-:~' :...,~.: ~~ '.' " 'f\!',' ,'i," '?-, ;3"~' ~'-::.. ...~ ~:;~... LUELLA :'r'.{ v' "..::...-:.~~. ~ ~~~~~}~~.~:..:::~..;;~ :.~:. ..~.:'2:,; ~. "~_::':": . . :, ~ ..."....J"...r . ~.~~~l:. -.'-';' l' ~ ", 'y, ....-. , , ,', ".G ''$ nf}~~;~'" ;(.:~ ~~>:~.~;.,.: :_:~;~'~,l~~~~r.::~, ~. -;j :./.r. ". ,<~, ." ..'h' '''lJJf. .t.;" ~.~ .' .... 'r" ~:" -(~~ ~!-; .;-;7:r.:'~~. < '/ ' r- oC, ..... ". .."," ,~-'-T 4'f' if.; MIXED USE DEVELOPMENT Architects " <;.t;." ..; '~~~.J''':: "...-:( ~f,,~', ~ .-, ..; - , . ... :;~/; ~",;) ~.~;, , <' .,,-1", .~:~....~: ,~.~. '51, ";" j :.j ":'~1-l.. .;j~:: ??~f';.r~ -,'~\.":",- H.I,':- . " " :',".1.' '. ...:. ,., ...'f-: LUELLA " ,';"4 ~.. '. Mucasey & Associates, . April 12, 2005 it . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date R~~JUne 13. 2005 Requested By: Wayne Sabo Appropriation Source of Funds: N/A Department: Planninl! Account Number: N/A N/A N/A Report: _Resolution: _Ordinance: ...K..- Amount Budgeted: Exhibits: Amount Requested: Ordinance p & Z Staff Report Aerial wl200'radius Map Zoning Map Public Notice response Site Plan Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their May 19, 2005, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R05-004. This request is for the property located in the 3700 Block of Luella Boulevard adjacent to the Seville Place Apartments, The subject tract comprises approximately 6,20 acre tract out of 7.6812 acres of land, situated in the William M, Jones Survey, Abstract 402, La Porte, Harris County, Texas, The applicant, David L. Brown, on behalf of the Seville Place Developers, LLC" is requesting a rezone from High-Density Residential (R-3) to General Commercial (GC) for proposed mixed use commercial retail, office building, restaurant, motel, and convenience store, Currently, an apartment complex is under construction to the north of this property also zoned high-density residential. As per new multi-family regulations, this property can no longer be utilized for another apartment complex due to the adjacent Seville Place project and 1,000 ft. rule. Under the circumstances, the subject tract is suitable for commercial development, In addition, approximately 1,5 acre parcel of the subject tract, at the northeast corner of Luella Boulevard and Fairmont Parkway, is zoned General Commercial (GC). With this rezone, the zoning district will be extended up to the south property line of Seville Place. As required by Ordinance, fifteen notices of public hearing were mailed to property owners within 200' of the site. One response receive~~ranting this requested change would not be in contrary to the goals and intent of the La Porte Comprehensive Plan. 1 ~ ~ C)ff~e<<.. The Planning and Zoning Commission, by a un . mous vote, recommends to City Council approval of Rezone Request #R05-004, Action Required bv Council: 1, Conduct public hearing. 2, Consider and take action on recommendation for approval by P&Z to rezone 6,20 acres of land located in the 3700 block of Luella Boulevard from R-3 to GC as requested by the applicant, David L. Brown, Aooroved for City Council Ae:enda blr;I{)~ Date