HomeMy WebLinkAboutO-2005-1501-IIII Ord. Tabled at this meeting also.
.
OROINANCE NO. 1501- r I ! I
~l-(A
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 LOW DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL REQUESTED BY THE CHEM COAST, INC.
LOCATED AT 11820 NORTH H STREET, NEAR SENS ROAD, 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 1 ih day of February 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 "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", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3. Immediately following such public hearing on February 17, 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 February 28, 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.
ORDINANCENO.ll~.TLI..l
Page 2
e
"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 28th day of March, 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 "D",
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" J and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6.
By an affirmative vote of at least three-fourths of the City Council
of the City of La Porte hereby rejects 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 reclassified from Low-Density Residential (R-1) to General Commercial (GC).
The description of said parcels of land is as follows, to-wit:
"TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, 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.
ORDINANCE NO. II-II T l
Page 3
e
"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 ~ day of May, 2005.
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
~l{d '
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC ~ARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances,
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 17tb day of
February, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property
located at 11820 North H Street The property is.further described as TR 239A being a 2.08 acre
tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed
Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris
County, Texas. Richard Detwiler c/o Chem Coast, Inc., seeks to have this property rezoned from
Low-Density Residential (R-l) to General Commercial (GC).
A regular meeting of the Planning and Zoning Commission will follow the public hearing to act
upon the public hearing items and to conduct other matters pertaining to the Commission.
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
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 City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for further information
,~Hl~.r(' 1\
e
.e
281-471-1234
Fax: 281-471-5763
B
I re Sun
the undersigned authority, on this date'
peared Karolyn Kellogg, a duly authorized
ive of ~he Bayshore Sun, a s~mi-weekly
ublished and generally distributed in the
Porte, Harris County, Texas and who after
sworn, swears the attached not7F~ ~s
. n The Bayshor~ Sun dated .0 I 0 oS-
;, . ' . '
'.
"
.~
K~llogg
Sworn and subscribed before me this J? 7'.#- day of
/Y1~ ., 2005.
. ~J. ~
Sandra E. Bumgarner
Notary Public
Harris County, Tex~s
My Commission Expires April 30, 2006
J
.., c.J/. D:nr
,::.J\.J d~lI: II B'
e
e
City of La Porte
Established 1892
February 28, 2005
Hon. Mayor Alton Porter and City ,Council
City of La Porte
Re: Rezone Request #R05-003
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting,
held a public hearing to consider Rezone Request #R05-003. The property, a.k.a. Chem
Coast Inc., is located at 11820 North 'H' Street. It is further described as TR 239A being a
2.08 acre tract of land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61,
page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey,
Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property
rezoned from Low-Density Residential (R-l) to General Commercial (GC). The purpose of
rezone request is to provide for additional office space and parking facilities.
The Planning and Zoning Commission, by. a (4-3) vote, has recommended denial of
Rezone Request #R05-003.
~~
Pat Muston
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
~!,...H"'~ L I {1
i5ii6'\.1 li6~"" V .
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances,
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 28th day of March, 2005, in the
Council Chambers of City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose oftbis
hearing is to consider Rezone Request #R05-003, .for the property located at 11820 North H Street
The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the
La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in
the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler clo Chern
Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-l) to General
Commercial (GC).
A regular meeting of the City Council will follow the public hearing to act upon the public hearing
items and to conduct other matters pertaining to the Council.
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
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 City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for jitrther information.
YlU-~t"in:'ir' -:-\
~^ID1il~~S' JJ
In ~rdance with the
provisions in Section 106-
171 of the City of. La ,
Porte's Code of Ordinan-
ces, and the provlslOOs of t
the Texas L..ocaJ Govern- !
menl cOde, notice is here-
by given that \he La Porte
~ity ~ ~ 9Of!~ ~
public hearing at. 6;1;19 ,p,lll.. .
on the 28th day of M8r~
'2005, in \he :.., COUrtcll
Chambers of CItY Hall, 604
. West .falnno~.' . ,
La P ~ T~ ,... .~ ~~-
p~ "p . ,.:.. ~
." .., .'~ . ::. ~,orte
IRD -. ..' '. .
.'.' ,n . '.1 ~rr1S
: $1ieei;,;.' e ....' _~.~ cas
..f!1.!L... .....-' \.' M~ l .
. beir'Ig'8 2.oa . ;,,~~.9t,
land out of ,OUtlot 239 In h d . d th . h .
lhfi La'p.0it8.:tiUiJOiS:~ri- e un ers1gne au or1ty, on t 1S c;1ate
~ <!(~rde(f~'VQ~ufi\$~i,"~" eared Karolyn Kellogg, a duly authorized
374 of the Deed REicOtdS' . .
ofHahiSCOOntY:':r~'~'In' ve of The Bayshore Sun, a sE;!'mJ.-weekly
the j:nqcb Bri~'Su~Y", blished and generally distributed in the
:~.;5~ ~,/~~rje, '~"'.. orte,' Harris County, Texas and who after
:~'~~r~'~! worn, swears tne attached not~ce was
Coisl:'lne:"sE.ek$"ft,'tlav$'., The Bayshore Sun dated 03 lj3/0S-
!his property. rezoned from . .
Low-Denslty ReSIdeniIaI '.
(R-1) to G~raI.CQrruyr~r-. "
~(GC). . . . ....
. . .
( A remk :~~ng Of"the'
City G9u~ will follow 'jhe' ,
ptibBc fle;aring'1o act uPQii 0 g
the public hearing Items
~~~;.~~)
. i
".,';" . ',:. :,.... .~bscribed bef'ore me this I? -rH day of
.Citi~.; wishing to ~ ~ ' 2005_
r1r~ ~ CQIJI,1C!! pro..l?I' I
con d~~ng ~~ P:JbflC h~r- 1 /;)
!n,g ari! fequiTed-f9 sigt( Ir, r
betar; 1M rpeeting is con-. · . <t<?'V O~
~n8(i. .,' '. . ". ':
. If "' -." ....
. . .' '."'. ' . umgarner
CITY.OF LA PORTE ' i c
'~aGmett :': ty, Te~a$
City Secretary . .
. r. ;
pn Expires April 30, 2006
, ]JIi!; facl1ity has rIlSabil1!Y '
: ar;c:omrnoda~ ~ avaDa.;
..'ble.: R~'for.~
" ~~ or. .i!Jte~
. $jwices . at' .meetings
should lie mads '48 haWS
prior to the' mee6iig.
. Please contact City $eCre.
taly's offictI at (?81) 471.; t .
50?/) or T1;JD line (281)
471-5030 for futthIir infor-
mation.' .
THE STATE OF TEXAS
COUNTYbF 11J\AAI~
CITY OF LA PORTE
:cl
NonCE OF PUBUC 7571
HEARING
e
.e
281-471-1234
Fax: 281-471-5763
I re Sun
-\ '
D
e
e
Staff Report
February 17,2005
Zone Change Request #R 05-003
Requested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots,
Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas.
Locations: 11820 North 'H' Street.
Present Zonine:: Low-Density Residential, R-l
Requested Zonine:: General Commercial, GC
Baclmround:
. The property in question is located along North Avenue H near
Sens Road in Lomax area.
. At the time of consolidation of Lomax area into the City, the
property in question was assigned a zoning classification ofR-l
Residential. This was done under the provisions of Ordinance
780, the Zoning Ordinance in effect at that time.
. During the zoning map review of 1981 (hand drawn color map),
staff found the subj~t property was zoned Commercial.
. Chem Coast, Inc. was founded in 1981. The business began in
Galena Park. By 1987, the company moved to a new facility in
La Porte. As per HCAD record, the facility was built in 1986.
. On January 26,1987, as part of the comprehensive rezoning of
La Porte (Ordinance 1501), the subject property shows zoning as
Low-Density Residential (R-I).
. Under Ordinance 780, there were no functional differences
between various types of commercial zoning designations.
Under Ordinance 1501, there are definite differences between
Neighborhood and General Commercial zones.
. In 1992, the City switched to a computer based format for our
zoning map. Zoning map amendments are shown on this
computer generated map.
. The subject property has commercial establishments operating
under the current zoning ordinance 1501 (Chapter 106).
Zone Change #R 05-003
February 17,2005
Page 2 of 4
Analvsis:
e
e
. The purpose of rezone request is to provide for additional office
space and parking facilities.
During 1991 zoning ordinance review, there were two Neighborhood
Commercial (NC) zones located along the west side of 26th Street
(Sens Road). These zones occupy an area located between North 'H'
Street and northern boundary of the Pine Grove Valley Subdivision.
The Pecali Villa Mobile Home Park separates the two NC zones
(Exhibit). The Commission proposed rezoning of this area from NC
to General Commercial (GC). The legal description of the tracts
being considered was La Porte Outlots 241,261,280, TR 260A out
of Outlot 260. This rezoning was proposed in response to the concern
that neighborhood commercial is not the most viable zoning
designation for these tracts.
Chem Coast, Inc. is a full service Inspection Company, independent
analytical testing lab serving the Port of Houston and Gulf Coast
areas since 1981. The company offers variety of services, e.g. field
services, analytical services, and customer service.
Field Services consist of management, dispatch, and the marine
inspectors groups. Analytical Services offer state of the art facilities
and instrumentation to perform a wide variety of chemical analysis.
The company utilizes standard methods and client supplied
methodologies in the testing of sampling. Customer Service provides
the vital support necessary for the coordination of all field and
laboratory operations.. The Chem Coast also provides additional
services, e.g. writing of procedures and participates in consultation
with terminal personnel both domestic and international.
The property described above is located to the south of North H
Street at approx. 300 ft. west of Sens Road. The City has purchased
adjoining 1.835 acre tract out of Outlot 240 for future Fire Station
No.3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.)
is owned by Chem Coast The area in which the subject tract is
located is one that, based on the criteria established by the City's
Comprehensive Plan, is suitable for the requested General
Commercial (GC) zone. The request appears to be compatible with
the surrounding uses.
Conformance of a zoning request with the Land Use Plan is one
consideration among several criteria to be considered for approving
the zone change reque~ Other criteria may include:
. Zoning and uses of nearby properties;
. Character of the surrounding and adjacent areas;
Zone Change #R 05-003
February 17. 2005
Page 3 of4
Conclusion:
e
.>
.
. Suitability of the property for the uses permissible within the
zoning designation;
. Extent to which approval of the application would detrimentally
affect of substantially harm the value of nearby properties;
. Extent to which the proposed use designation would adversely
affect the carrying capacity of existing infrastructure; and,
. The gain, if any, to the public health, safety, and welfare of the
City.
Land Use - Review of the City's Land Use Plan shows the subject
tract is envisioned as" developing for commercial uses. Current
development is considered to be commercial in nature. In addition,
nearby properties along Sens Road are commercial/industrial. The
proposed rezone seems to be compatible in making current
development "more confonning" with the ordinances.
Transportation - The tract in question gains access along North H
Street with 60' public right-of-way will accommodate the additional
traffic generated by the proposed development
Utilities -Utilities are ~ place to support the proposed development.
No additional utilities will be needed for this project Storm water
drainage will be reviewed carefully with the development plan
submittal for the proposed project.
The tract in question is suitable for the requested change. There are
General Commercial zone properties jn. the close proximity to this
tract. The development within the subject tracts should not have any
adverse impact on the surrounding area A change from Low-Density
Residential to General Commercial should not negatively impact the
surrounding properties and should not harm the value of the nearby
properties. The overalJ impact on public services will be minimal.
Moreover, the change would not adversely impact the public health,
safety, and welfare of the City.
When considering a rezoning, the Planning and Zoning Commission
is charged to base its determination on certain criteria and conditions.
A tract of property may be considered for rezoning if it is determined
that:
. The present zoning designation was assigned as a result of error, or;
. The present zoning designation was inappropriate at the time it
was assigned, or; .
Zone Change #R 05-003 .
February 17, 2005
Page 4 of4
.
. There has been a $ufficient degree of change in or around the
area in question to render the present zoning designation
inappropriate.
Based on the siting criteria above, the tract in question is suited for
General Commercial designation. Additionally, the underlying land
use would support coIilmercial designation for the subject tract It,
therefore, appears that the R-l zoning assigned to the property in
1987 is inappropriate and an error was made in assigning zoning
classification. Granting the requested change would not be contrary
to the goals and objectives of the Comprehensive Plan.
Recommendations
Based on the above analysis, stafffinds the requested change is
compatible with the zoning and uses of nearby properties and
recommends changing the zoning designation of this tract from R-l
toGC. .
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request
from R-l to GC.
. Recommend to Council denial of this rezoning request from
R-l to GC.
. Table this item for further consideration by the Commission.
257
244
237
4
258
243
238
3
18
259
242
2
o
(j)
z
w
(j)
'---/
o
l-
(j)
-L
LEGEND
REZONE REQUEST #R 05-003
TR 239A
LA PORTE OUTLOTS
R-1. ..... . LOW DENSITY RESIDENTIAL
S~~i~1 GC . . . . , . . . . . . . .GENERAL COMMERCIAL
BI ............ BUSINESS INDUSTRIAL
7//; PROPOSED AREA OF REZONE
ROS-003
REZONE REI:;.IUEST
11820 NORTH uHu STREET
PROPERTY LINES
e
FROM THE DESK OF
Clark T. Askins, J.D.
,
~. ~
~Itw I
OJ /uae- d /rlr " 6-v/. {.
(
C4]IJ It r
f-o
~e,'1
~ .
/
D~n ( :r :Top,ur- / ~".,k~ I
M't~rr
~ ~"'fl
;!~
;".
~r
I
cA4.I"/(
'.'
'.
:~
;1
'"
.
~:
Reord., lIem IPPIBO. Prinled in U.$.A.
. e
ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
E-MAIL: kwaskins@aol.com
iohn-a@swbell.nel
claskins@swbell.nel
May 9, 2005
Mayor and City Council
City Hall
City of La Porte
RE: Imposition of conditions on rezone of ChemQuest property
Dear Mayor and Council:
You have asked our office to render a legal opinion on whether it would be
permissible for the city to grant a zoning classification change request to ChemQuest,
from R-2 Residential to General Commercial, subject to specified conditions or
covenants relating to the use of the property.
Under the La Porte Zoning Ordinance (Chapter 106 of the City Code), there is no
provision for the attachment of conditiqns or covenants to rezone requests. Rather,
each zoning classification carries with it specifically enumerated uses, including
permitted uses, conditional uses, and accessory uses, all of which relate exclusively to
that particular zoning classification. The sections establishing these uses do not allow
for the placement of extra conditions by the Zoning Commission or City Council, as part
of the zone change request.
The theory behind the Zoning Ordinance is that a decision on establishing or
subsequently changing a zoning classification should relate to general factors
concerning all land of the same zoning type, and that the governing body will be guided
by the permitted and non-permitted us~s. ~Ireadyes~ablished in the ordinance (as well
as the Land Use Map and the Comprehensive Plal1), and not the particular needs of the
applicant. Council is charged with considering .only what is the highest and best use of
the property at issue, based on the existing, allowable uses under the present zoning
classification and the proposed zoning classification.
Of more importance is the fact that Texas law disallows "contract zoning", which
is defined as a bilateral agreement between a governing body and the applicant for a
zone change, with the government pro~ising and becoming contractually bound to
make the rezone change in exchange for the applicant promising and being
contractually bound to do or refrain from certain activities on the property. The rational
for the prohibition of contract zoning is that legislative bodies. are precluded from
bargaining, selling or contracting away their police power, and as such are considered
.
.
to abridge this principle when they alter rules for a particular zoning use to suit an
individual applicant.
Given the Zoning Ordinance's lack of any method for attaching conditions or
covenants to zone changes, and the prohibition against contract zoning found in Texas
law, I would advise City Council to refrain from imposing any set of conditions as part of
a vote to approve the rezone request. Specifically, should Council offer its support for
the requested rezone change based on ChemQuest's promise to refrain from certain
uses otherwise allowable in a General Commercial zone, it is likely the Council's
decision would be construed as being linked to ChemQuest's representations, thus
amounting to contract zoning. This would be the case even in the absence of a written
pledge on the part of the City Council.
I have been advised that the Planning Department is prepared to apprise the
Council of the fact that ChemQuest has submitted a developer's agreement for the
subject property, which if implemented would limit future site plans for proposed
expansion to the office facilities outlined in the developer's agreement. From a legal
perspective nothing precludes ChemQuest from voluntarily agreeing to limit itself to
certain uses via a developer's agreement.
Accordingly, the City and Cher:nq~est. may. I.egally enter into a developer's
agreement that sets out parameters for office space construction, in contemplation of
the property being rezoned to General Commercial.
However, as part of this process the City Council may not 1) contractually
promise to ChemQuest that it will approve the rezone request subject to ChemQuest
conforming to the developer's agreement, 2) vote to link an approval of the rezone
request to ChemQuest's abiding by the developer's agreement, 3) vote to approve the
rezone request with the condition that the rezone will revert back to residential should
ChemQuest not follow through with the terms of. the developer's agreement, or 4) vote
to include terminology in the development agre~ment conditioning the rezone to
ChemQuest's limiting expansion to certain 4ses. It i.s important to understand that the
basis of Council's vote must be independ!3nt from the <;jeveloper's agreement, such that
the rezone can in no way be coupled .with 9hemQuest's performance under the
agreement.
It should also be noted that the proposed developer's agreement, after a rezone
of the property, could not be enforced by the city to ~he extent any actual development
is permissible under the new zoning classification. Also, Council should note that the
developer's agreement (or any other self-imposed limitation by ChemQuest) would not
bind a subsequent purchaser of the property..
Finally, I would like to remind the City Council that it does have the option of
asking the Planning and Zoning Commission to explore amending the Zoning
Ordinance to incorporate certain additional restrictions on uses in General Commercial
districts that abut residential zones. For example, limitations on expansion of certain
! ....
.l .
e
e
uses when within a set number feet of a residence, or additional landscaping and buffer
requirements, could be inserted. . .
Thank you, and should you have any questions please do not hesitate to contact
me at my office.
Sincerely,
~r~
Clark T. Askins
Assist. City Attorney
Cc: City Manager
Debra Feazelle
Cc: Assistant City Manager
John Joerns
Cc: Assistant City Manager
Cynthia Alexander
Cc: Planning Director
Wayne Sabo
.
e
..'11..... .
.. . .-
. . .
-0 '. .-
'.0 ...'
Independent Laboratory - Cargo Surveys
Licensed Public Gaugers - Loss Control Investigations
P.o. BOX 1338 0 LA PORTE, TEXAS 77572-1338
PHONE: (281) 470-8710 (800) 683.8703 FAX: (281) 470-8711
8NCa
May 3, 2005
City Of LaPorte Planning Department
Attn: Mr. Wayne 1. Sabo - Director of Planning
604 West Fairmont Parkway
La Porte, TX 77571
Re: Chern Coast, Inc. - Developer's Agreement
Dear Mr. Sabo,
This developer's agreement is for a proposed development of Chern Coast, Inc. located at 11820
North "H" Street, La Porte, Texas. The owner/developer has proposed development for offices,
training facility, and parking on the west side ofthe current building.
Chern Coast, Inc., further agrees that the submittal of subsequent site plans and related documents
shall conform to the laws and ordinances of the City of La Porte and conforms to the use and
pammeters as stated in this agreement.
If there are any questions, please give us a call. Thank You. . .
SZi1Y0
~ord
President & o-Owner
~
Edward Phillip Murray
Executive Vice President & Co-Owner
REQ.T FOR CITY COUNCIL AGFA ITEM
ADPropriation
Requested By: Wa ne
Source of Funds:
N/A
Department:Planninl!
Account Number:
N/A
N/A
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
Exhibits:
Amount Requested:
N/A
Ordinance
p & Z Staff Report
Aerial Map
Zoning Map
Developer's Agreement
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
Upon conclusion of the public hearing held on March 28, 2005, regarding Rezone Request #R05-003, Council asked for additional
information. StafIprovided the requested information at the April 25, 2005, meeting. Council requested staff and the City Attorney to
determine if 'conditions' may be attached to such commercial rezoning, subject to a specific site and not contrary to the provisions of
the Texas Zoning Laws. Staff observed the following:
. 'Contract zoning' is prohibited by the Texas Local Government Code.
. There is no precedent for attaching conditions to a zone change.
. Zoning Ordinance does not provide Council with provisions for approving rezoning with conditions.
. A condition for approval of a site plan may require strict adherence to a developer's agreement voluntarily submitted by the
applicant.
The applicant voluntarily submitted a developer's agreement (copy attached). Currently, proposed improvement activities are to
construct offices, training facility, and parking on the west side of the existing building. Should a rezone occur that would allow this
expansion, subsequent submittals of site plans must conform to the developer's agreement or may be grounds for disaDDroval by
ti,e City. Proposed improvement plans will be made available at the time ofthe meeting.
In review, the Planning and Zoning Commission, at the February 17, 2005, meeting, be.1d a public hearing to rezone 2.08 acres of land
described as TR 239A out of La Porte Outlots, from Low-Density residential (R-I) to General Commercial (GC) to provide for
additional office space and parking facilities.
The subject property has a commercial establishment previously operating as a General Commercial permitted facility since 1987. The
present zoning designation of R-l appears to be inappropriate as assigned per official zoning map of the City when compared with
previous zoning map showing the tract as commercial. In addition, the underlying land use would support commercial designation for
the subject tract. The proposed rezone seems to be compatible with the zoning and uses of nearby properties. Being in the vicinity of
several commercial and industrial establishments along Sens Road, the property in question is suitable for the requested change to GC.
Since this is an existing business, the effect of the change from R-t to GC should not have an adverse impact on the adjacent
properties. Staff viewed this request as being justified given the company's initial permit and zoning.
As required by Ordinance, notices of public hearing were mailed to property owners within 200' of the site. Of the eleven mailed, the
City received one response in favor of the rezone request. However, several residents of the area voiced opposition to the rezone
request at the P&Z meeting. This opposition centered on the company's nature and use rather than the proposed expansion. The
Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-003.
Action Required bv Council:
I. Consider and take action on ordinance to rezone 2.08 acres ofland located at 11820 North "H" Street from R-I to GC as requested
by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation would require a :y.. vote
or 7 of 9 members.
Approved for City Council Ae:enda
D~i~asie;tlL
S -03-cJ5
Date
OROINANCE NO. 1501-.1ITr. ---df1~l{f~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI-rl ~~ LA P~RTE,
CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL REQUESTED BY THE CHEM COAST, INC.
LOCATED AT 11820 NORTH H STREET, NEAR SENS ROAD, HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT. RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF;
e
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 17th day of February 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 "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 (2PO') 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 February 17, 2005,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which w~re 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 28, 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.
ORDINANCE NO. 15' In!
Page 2
e
"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 28th day of March, 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 "D",
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. By an affirmative vote of at least three-fourths of the City Council
of the City of La Porte hereby rejects 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 reclassified from Low-Density Residential (R-1) to General Commercial (GC).
The description of said parcels of land is as follows, to-wit:
"TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, 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.
ORDINANCE NO. 15' rCrt
Page 3
e
"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
. '\
day of ~, 20Qf
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
1t\(i)\--fd
ATTEST:
By:
MARTHA 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 in Section 106-171 of the City of La Porte's Code of Ordinances,
and the provisions of the Texas Local Goveinment 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 17th day of
February, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property
located at 11820 North H Street. The property is.further described as TR 239A being a 2.08 acre
tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed
Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris
County, Texas. Richard Detwiler c/o Chern Coast, Inc., seeks to have this property rezoned from
Low-Density Residential (R-1) to General Commercial (GC).
A regular meeting of the Planning and Zoning Commission will follow the public hearing to act
upon the public hearing items and to conduct other matters pertaining to the Commission.
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
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.
Thisfacility has disability accommodations available. Requestsfor accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
~U..T!~"!}~i'f'" i\
,~~~-i~~;l\: ~ ,H..
e
.e
281-471-1234
Fax: 281-471-5763
I re Sun
the undersigned authority, on this date
peared Karolyn Kellogg, a duly authorized
ive of ~he Bayshore Sun, a s~mi-weekly
ublished and generally distributed in the
Porte, Harris County, Texas and who after
sworn, swears the attached not~e ~s
n The BayshorE;! Sun dated ,0 I 0 oS-
, . '
"
"
.,
Sworn and subscribed before me this 11~;L day of
7Y1~ " 2005.
~J.~
Sandra E. Bumgarner
Notary Public
Harris County, Tex~s
My Commission Expires April 30, 2006
J
.;:XHUlIT 13'
.
e
City of La Porte
Established 1892
February 28, 2005
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R05-003
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting,
held a public hearing to consider Rezone Request #R05-003. The property, a.k.a. Chern
Coast Inc., is located at 11820 North 'H' Street. It is further described as TR 239A being a
2.08 acre tract of land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61,
page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey,
Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property
rezoned from Low-Density Residential (R-l) to General Commercial (GC). The purpose of
rezone request is to provide for additional office space and parking facilities.
The Planning and Zoning Commission, by. a (4-3) vote, has recommended denial of
Rezone Request #R05-003.
Respectfully submitted,
Por
Pat Muston
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
r~'- ,,~-l' \ J"1
i~\.JrLn.~ 1 V.
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBUC HEAIDNG
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances,
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 28th day of March, 2005, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this
hearing is to consider Rezone Request #R05-003, for the property located at 11820 North H Street.
The property is further described as TR 239A being a 2.08 acre tract of land out of Outlot 239 in the
La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in
the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chem
Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-1) to General
Commercial (GC).
A regular meeting of the City Council will follow the public hearing to act upon the public hearing
items and to conduct other matters pertaining to the Council.
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
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 City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for fUrther information.
- ~ 11. ;'.V, ~~ ft:'if' -:\
~!i";W:1:i G !J
THE STATE OF TEXAS
COUNrYOF NKRRIS
/
e
.e
:ct
281-471-1234
Fax: 281-471-5763
CITY OF LA PORTE
NOTICE OF PUBUC 7571
HEARING
.,
In accordance with the S
provisions In Section 106-
171 of the City of. La \
Porte's Code of Ordinan-
_and#8~d' I re un
the Texas Local Govern- !
men! cOde. notice is here- I
by given Ihat Ihe La Porte
(;?Ity Council ~ .COl!~,!ct; A
public hearing al6,:Q9 ,p~. .'
on the 2~ day of l\'Iar~~
. 2005. in Ihe :"" COuriCil
ChamberS of CitY Hall, 604
. West ,FalnnonL"
LaP .'. ~.... "', .~ p~~-
p<?~;o . ..... .j~ to
cO':lSi .., ,'~ . ..:..~ ...~., orte
'RO r" .
. IoCl!ted '. ill'" . . . I ~rr J. S
: $tiee~.:' e.... Oo'rtY:~"" ,~; kas
;-~~'-'a 2:08' \".tracl~:'l
ng . J'~JO"'.'" .,'t,"
land out of ,OUtlOt '239 'In h d . d h. h .
1f1~ Lii"Porte':'6LiiJOiiH"e.: e un ersJ.gne aut or1 ty, on t 1S qate
: ~rde("fn'VQ!u;pe~f;r~g~" ~ared Karolyn Kellogg, a duly authorized
374 of ' the Deed RecordS' .
ofHafriSCOUntY'~ "'-<In' ve of The Bayshore Sun, a s~m1-weekly
the ~nQCtl Bri~'~Y., blished and generally distributed in the
~ji~ ~~~r;te, .~~.. orte, ,Harris County, Texas and who after
: challi '~~,er~.'~f worn, swears tp,e attached noti,.ce was
Coasl."inc:'.t~kS'to'tIavEl'. The Bayshore Sun dated 03 / /3 /0.5'
this property rezor\ed from '
Low-Denslty ReSidenilal '.
(R-1) to General Commer- "
ciaI (GC). . : .' .. ,
. . .
( " . ...:
A r~1ar meeting oqhe
CityGpu~ will follow I~~' .
pUblic t'!earing'to act upon og
the pubrlC hearing Items !
and to conduct other, rriat~ J
1ers ~~ning to'!f;le.
Council." ',\ .., : :. ,
;
'. '. :.' .lbscribed bef'ore me this
.... ~. . ~:. 'r " ;
. Citizell~.: wishing to ~ V ' 2 0 0 5 .
dr~ ~ CQu':'C!f pro ..Qr I
~ d~~ng ~':l~~:nc.h~jilr-, 7
!I!{I a~ feqw,r P SIQl1.1rt r II... ~ ill L _ ._
befOr~ Ih~ meeting is con-, '. I tJ ~ 0 -.......--
~ne~t.. ' ' .'
'II, 'i. '0:',:" , . umgarner
CITY, OF LA PORTE .' i c
'~aGDlett ': ty, Texas
Cily SecretaI)' . .
r.
I ? -no' day of
pn Expires April 30, 2006
, Thi$ facility has disabilJry ,
: accommodations ~ aveHs-
.- 'bJe.: ilecfueSiS' for. ~~
: modalions Of int~e
!. siwicfis': ai;' ,meeUngs
should tie made'48 hOurS
prior to the. meetirlg.
. Please contact City $ecre-
laly's offlC9 at (?81) 471" J
50?O or T1;JD Une (281)
471-5030 for further infor-
mation. ' '
.
h
e
e
Staff Report
February 17,2005
Zone Change Request #R 05-003
Requested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots,
Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas.
Locations: 11820 North 'H' Street.
Present Zonine:: Low-Density Residential, R-l
Requested Zonine:: General Commercial, GC
Backe:round:
. The property in question is located along North Avenue H near
Sens Road in Lomax area.
. At the time of consolidation of Lomax area into the City, the
property in question was assigned a zoning classification of R-l
Residential. This was done under the provisions of Ordinance
780, the Zoning Ordinance in effect at that time.
. During the zoning map review of 1981 (hand drawn color map),
staff found the subj~t property was zoned Commercial.
. Chem Coast, Inc. was founded in 1981. The business began in
Galena Park. By 1987, the company moved to a new facility in
La Porte. As per HCAD record, the facility was built in 1986.
. On January 26, 1987, as part of the comprehensive rezoning of
La Porte (Ordinance 1501), the subject property shows zoning as
Low-Density Residential (R-1).
. Under Ordinance 780, there were no functional differences
between various types of commercial zoning designations.
Under Ordinance 1501, there are definite differences between
Neighborhood and General Commercial zones.
. In 1992, the City switched to a computer based format for our
zoning map. Zoning map amendments are shown on this
computer generated map.
. The subject property has commercial establishments operating
under the current zoning ordinance 1501 (Chapter 106).
Zone Change #R 05-003
February 17,2005
Page 2 of 4
Analvsis:
e
-
. The purpose of rezone request is to provide for additional office
space and parking facilities.
During 1991 zoning ordinance review, there were two Neighborhood
Commercial (NC) zones located along the west side of 26th Street
(Sens Road). These zones occupy an area located between North 'H'
Street and northern boundary of the Pine Grove Valley Subdivision.
The Pecart Villa Mobile Home Park separates the two NC zones
(Exhibit). The Commission proposed rezoning of this area from NC
to General Commercial (GC). The legal description of the tracts
being considered was La Porte Outlots 241, 261, 280, TR 260A out
of Outlot 260. TJ:ris rezoning was proposed in response to the concern
that neighborhood commercial is not the most viable zoning
designation for these tracts.
Chern Coast, Inc. is a full service Inspection Company, independent
analytical testing lab serving the Port of Houston and Gulf Coast
areas since 1981. The company offers variety of services, e.g. field
services, analytical services, and customer service.
Field Services consist of management, dispatch, and the marine
inspectors groups. Antilytical Services offer state of the art facilities
and instrumentation to perform a wide variety of chemical analysis.
The company utilizes standard methods and client supplied
methodologies in the testing of sampling. Customer Service provides
the vital support necessary for the coordination of all field and
laboratory operations.. The Chern Coast also provides additional
services, e.g. writing of procedures and participates in consultation
with terminal personnel both domestic and international.
The property described above is located to the south of North H
Street at approx. 300 ft. west of Sens Road. The City has purchased
adjoining 1.835 acre tract out of Outlot 240 for future Fire Station
No.3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.)
is owned by Chern Coast. The area in which the subject tract is
located is one that, based on the criteria established by the City's
Comprehensive Plan, is suitable for the requested General
Commercial (GC) zone. The request appears to be compatible with
the surrounding uses.
Conformance of a zoning request with the Land Use Plan is one
consideration among several criteria to be considered for approving
the zone change reque~. Other criteria may include:
. Zoning and uses of nearby properties;
. Character of the surrounding and adjacent areas;
Zone Change #R 05-003
February 17, 2005
Page 3 of4
Conclusion:
e
e
. Suitability of the property for the uses permissible within the
zoning designation;
. Extent to which approval of the application would detrimentally
affect of substantially hann the value of nearby properties;
. Extent to which the proposed use designation would adversely
affect the carrying capacity of existing infrastructure; and,
. The gain, if any, to the public health, safety, and welfare of the
City.
Land Use -- Review of the City's Land Use Plan shows the subject
tract is envisioned as" developing for commercial uses. Current
development is considered to be commercial in nature. In addition,
nearby properties along Sens Road are commercial/industrial. The
proposed rezone seems to be compatible in making current
development "more conforming" with the ordinances.
Transportation - The tract in question gains access along North H
Street with 60' public right-of-way will accommodate the additional
traffic generated by the proposed development.
Utilities -Utilities are ~ place to support the proposed development.
No additional utilities will be needed for this project. Storm water
drainage will be reviewed carefully with the development plan
submittal for the proposed project.
The tract in question is suitable for the requested change. There are
General Commercial zone properties in the close proximity to this
tract. The development within the subject tracts should not have any
adverse impact on the surrounding area A change from Low-Density
Residential to General Commercial should not negatively impact the
surrounding properties and should not hann the value of the nearby
properties. The overaij. impact on public services will be minimal.
Moreover, the change would not adversely impact the public health,
safety, and welfare of the City.
When considering a rezoning, the Planning and Zoning Commission
is charged to base its determination on certain criteria and conditions.
A tract of property may be considered for rezoning if it is determined
that:
. The present zoning designation was assigned as a result of error, or;
. The present zoning designation was inappropriate at the time it
was assigned, or; "
Zone Change #R 05-003
February 17. 2005
Page 4 of 4
Recommendations
.
e
. There has been a ~ufficient degree of change in or around the
area in question to render the present zoning designation
inappropriate.
Based on the siting criteria above, the tract in question is suited for
General Commercial designation. Additionally, the underlying land
use would support commercial designation for the subject tract. It,
therefore, appears that the R-1 zoning assigned to the property in
1987 is inappropriate and an error was made in assigning zoning
classification. Granting the requested change would not be contrary
to the goals and objectives of the Comprehensive Plan.
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-1
toGe. .
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request
from R-1 to Ge.
. Recommend to Council denial of this rezoning request from
R-l to Ge.
. Table this item for further consideration by the Commission.
N.T.S.
lYIdJ
:" ,~.
Ii ...,
" i.' . ,..
. . .D
. l I~;::"
t 'f" ' I'
. '- ) .
, ~
. -.-.:~ ~~ . t....,
'"
RC 5-CC3
REZONE REQUEST
11 BZC NORTH OHIO STREET
PROPERTY LINES
257
e
258
o
259
244 243 242 (j)
Z
W
(j)
:W~ "---/
j~;'i~;
237 238 i~0:
!~//! 0
"%//~
" '/'
;;%(1' ~
!; all>
L ._-=_.....". '. (j)
4
3
18
2
~
LEGEND
REZONE REQUEST #R 05-003
TR 239A
LA PORTE OUTLOTS
R-1. ..... . LOW DENSITY RESIDENTIAL
&:;,+~'J GC . . . . . . . . . . . . ,GENERAL COMMERCIAL
BI ............ BUSINESS INDUSTRIAL
~//X PROPOSED AREA OF REZONE
'~n~_
REQ.ST FOR CITY COUNCIL ATDA ITEM
Agenda Date Requested: April 25. 2005
Appropriation
Requested By: Wayne J. Sabo
Source of Funds:
N/A
Department: Planninl!
Account Number:
N/A
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
p & Z Staff Report
Aerial Map
Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
City Council, at the March 28, 2005, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R05-003
and tabled it. Council asked the staff to provide additional information. The requested information is as follows:
. There was just one chemical release in the company's history since relocated to La Porte in 1987.
. Release resulted when a particular chemical and water mixed in error. Since, this product is no longer handled.
. Some nearby residents were decontaminated at the hospital as precautionary measures but no contamination or runoff was found.
. No records found for shelter in place activities. In fact, the Local Emergency Planning Committee through a Community Warning
System Alarms administers Shelter in Place.
. The company has a regular BFI pick up dumpster on premises which contains only domestic waste.
. A Marine Cargo Inspector collects the samples. Testing of I quart/pint petrochemical and environmental samples are performed
in Laboratory.
. Test samples are stored at site up to 6 months. Non-hazardous samples are kept in storage for five years.
. There are no placard trucks involved in the operation since the transport of samples involves quantities less than DOT
requirements for signage on the trucks.
. US Customs certified the facility. No OSHA, EPA, or other ag~ncies reported on safety records.
. The City's Fire Marshal Office has inspected the facility for proper MSDS on file.
Earlier, the Planning and Zoning Commission, at the February 17, 2005, meeting, held a public hearing to rezone the subject tract
comprises 2.08 acres of land described as TR 239A out of La Porte Outlots, from Low-Density residential to General Commercial
(GC) to provide for additional office space and parking facilities.
The subject property has a commercial establishment previously operating as a General Commercial permitted facility in 1987. The
present zoning designation of R-I appears to be inappropriate as assigned per official zoning map of the City when compared with
previous zoning map showing the tract as commercial. In addition, the underlying land use would support commercial designation for
the subject tract. The proposed rezone seems to be compatible with the zoning and uses of nearby properties. Being in the vicinity of
several commercial and industrial establishments along Sens Road, the property in question is suitable for the requested change to GC.
Since this is an existing business, the effect of the change from R-I to GC should not have an adverse impact on the adjacent
properties. Staff viewed this request being justified given the company's initial permit and zoning.
As required by Ordinance, eleven notices of public hearing were mailed to property owners within 200' of the site. The City received
one response in favor of the rezone request. However, several residents of the area voiced opposition to the rezone request at the P&Z
meeting. This opposition centered on the company's nature and use rather than the proposed expansion.
The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-003.
Action Reauired bv Council:
1. Consider and take action on ordinance to rezone 2.08 acres of land located at 11820 North "H" Street from R-I to GC as requested
by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a %
vote or 7 of9 members.
f- ;2{)- tJc;
Date