HomeMy WebLinkAboutO-2005-1501-GGGG R05-001
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ORDINANCE NO. 1501-.G::GGG-
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 GENERAL
COMMERCIAL TO LOW DENSITY RESIDENTIAL REQUESTED BY THE FAIRMONT PARK
JOINT VENTURE, THE TRUSTEE OF THIS 15.6064 ACRE TRACT 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;
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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 (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 21, 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.
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ORDINANCE NO. 1501-~G--G
Page 2
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"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 14th day of March, 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. 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 General Commercial
(GC) to Low-Density Residential (R-1)." Th,e description of said parcels of land is as
follows, to-wit:
"TR 31 & pt. TR 32, 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 pf 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.
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ORDINANCENO.1501-~
Page 3
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"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 J L{JI- day of March, 2005.
ATTEST: I..
By~4~
MAR A GILLETT,. ity Secretary
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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 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 #R05-001,
submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., for property located along
Farrington Boulevard. The property is further described as TR 31 & Pt. TR 32; approximately
15.6064 acres situated in the W. M. Jones Survey, Abstract-482, La Porte, Harris County,
Texas. The applicant seeks to have this property rezoned from General Commercial (GC) to
Low-Density Residential (R-1), to provide for single-family dwellings (Fairmont Park East
Section 12).
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 (28/) 47/-5020 or TDD Line
(28/) 47/-5030for further information.
~IBrr' A .
'THE STATEOf..JEXAS
, . COUNTY OF HARRIS
.
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CITY OF LA PORTE
SlrccL
;<IS 77571
NOTICE OF PUBLIC
HEARING
281-471-1234
Fax: 2~1-471-5763
. In accordance
, with the provisions In Sec- e
; UCln 106-171 of the City of
, La Porte's Code of Ordi-
nances, and the provisions
: of the Texas Local Gov-
, emment Code, nol/ce Is
her given that'the La
Porte nnlng and Zoning
'90i Ion will conduct a
I pub arlng . .M.
.on y, fF. ru-
: ary, , r ' ncil
, Chambe I II, 604 .
, West ,F on Parkway,
La Porte, ' . The pur-
pose of this hearing Is to 3. Po r t e
consider rezone request H .
'RO!HI01, submitted by arrl.S
Mr. Eddie Gray, 'Trustee' rexas
for Fairmant Park, JV., for
, property located along
Farrington Boulevard. The
, property is further, deseri.
; bed as TR 31 & PI. TR 32;
I' approximately 14.945
acres situated in the W. M.
: Jones Survey, Abstract-
o 482, La Porte, Harris
: County,' Texas. The appli-
cant seeks to have this
o property . rezoned from
: General Commercial (GC)
: to L.ow~Oenslty Residential
! (R-l), to provide for single-
family dwellings (Fairmanl
Park East Section 12).
r the undersigned authority, on this date
lppeared Karolyn Kellogg, a duly authorized
~tive of The Bayshore Sun, a semi-weekly
published and generally distributed in the
a Porte, Harris County, Texas and who after
y sworn, swears the attached notice was
in The Bayshore Sun dated ol/3olos-
"
Sworn and subscribed before me this 3 ({J.,. day of
'n1~ , 2005.
~). ~(j~'
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
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City of La Porte
Established 1892
February 21,2005
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R05-001
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting,
held a public hearing to consider Rezone Request #R05-001. The applicant, Eddie V.
Gray, Trustee, Fairmont Park, JV. seeks to rezone approx. 15 acres ofland located along
both sides of Farrington Boulevard at Fairmont Parkway. The property is described as TR
31 & Pt. TR 32, W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas.
The applicant seeks to have the property r~zoned from General Commercial (GC) to
Low-Density Residential (R-1).
The Planning and Zoning Commission, by unanimous vote, has recommended approval
of Rezone Request #R05-001.
R~;llY submitted,
Pat Mus on
Chairperson, Planning and Zoning Commission
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, A~sistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. 0 La Porte, Texas 77571 0 (281) 471-5020
. It'HBBlnr- C
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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 Cityof 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 14th 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 #R05-001, submitted by Mr.
Eddie Gray, Trustee for Fairmont Park, lV., for property located along Farrington Boulevard.
The property is further described as TR 31 & Pt. TR 32; approximately 15.6064 acres situated in
the W. M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The applicant seeks to
have this property rezoned from General Commercial (GC) to Low-Density Residential (R-l),
to provide for single-family dwellings (Fairmont Park East Section 12).
A regular meeting of the City Council wil~ 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
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 (28/) 47/-5020 or TDD Line
(28/) 47/-5030 for further information.
fOOilBri D
fTHESTA~~.~
!COUNTV OF HARRIS
I .'
; CITY OF LA PORTE
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lrccl
s 77571
2S1-471~1234
Fax: 2~1-471~S763
NOTICE OF PUBLIC
HEARING
'\,.,
i In accordance
" with the provisions in Sec-....
lion 106-171 of the City of ,
: La Porte's Code of Ordi- ~
\ nances, and the provisions
1 of the Texas Local Gov-
, ' .
g. - _u tea III
t . .' urvey.
t Porte,
. ; Texas. The
applicant 'seeks to have
this property rezoned from
General Commercial (GC)
to Low-Density Residential
(R-1), to provide for single-
family dweRlngs (Falrmant
Park East SectIon 12).
Porte
Harris
'exas
. A l8QuIar meet-
ing of ttl& City Council will .
follow the publjchearing to the undersigned authority on this date
. act upon the public hear- ,
I,ng Items and to conduct lppeared Karolyn Kellogg, a duly authorized
other matt~rs pertaining to lti ve of The Bayshore Sun, a semi-weekly
i lheCouncll.' published and generally distributed in the
:, 1 Porte, Harris County, Texas and who after
I'-'add ' 'C:~ ~r,ng, sworn, swears the attached notice was
:. conre:uring the ~u~:. in The Bayshore Sun dated {);;2- /:J. '1 /0 S-
hearing 'Bre required to
sign rn before the meeting
I. oed
i IS conve .'
"
CITY OF LA PORTE
Martha Gillett
City Secretary
~1P inW
!llogg
This facility has disability
accommodations avai/a.
I hie. Requests for accom-
~~ m m.~e~ subscribed before me this
seMces at meetings
. should be made 48 hours , 2 0 0 5 .
prfor to ihs meeting.'
Please contact City Seere-
tal)"s oiHce at (281) 471- L ~
5020 m TDD Une (281) ~. _
471-5030 for tutther Infor- .
mdM. ' Bumgarner
..-___.. __.Jlic
Harris County, Texas
3 /l...E.
day of
My Commission Expires April 30, 2006
J
BHIBIIY' E
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Staff Report
February 17, 2005
Zone Change Request #R 05-001
Requested by: Eddie V. Gray, Trustee
Fairmont Park, N.
Requested for: TR 31 and pt. TR 32, W. M. Jones Survey, A-482
Locations: Farrington Boulevard @ Fairmont Parkway
Present Zonine: General Commercial (GC)
Requested Zonine: Low-Density Residential (R-1)
Backeround:
The subject tracts are approximately 15 acres of land out of W. M. Jones
Survey, A-482, La Porte,' Harris County, Texas. The property is located
along both sides of Farrington Boulevard just south of Fairmont Park,
Section 2. The 9.786 acre tract is bounded by single-family residential
subdivision (Fairmont Park Central Section 2) on the north, commercial uses
to the south along Fairmont Parkway, east with Farrington Boulevard, and
adjacent to the Big Islan<;t Slough on the west. The 5.159 acre tract is
bounded by Fairmont Park Central Section 2 to the north, adjacent to
existing commercial uses and commerciallbusiness park along Fairmont
Parkway on the south, and west on Farrington Boulevard.
The applicant seeks a rezone from General Commercial (GC) to Low-
Density Residential (R-I) Jor single-family dwellings (Proposed Fairmont
Park East, Section 12).
Analvsis:
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Parks and Recreation,
Utility Infrastructure, and Residential Development. The specific issues
considered are as follows:
Land Use - Review of the Land Use Plan shows this area developing with
residential and commercial uses. The existing land uses are single-family
residential (Fairmont Park) just north of the property, and commercial uses,
Le. retail stores, gas station, and childcare etc. along Fairmont Parkway. The
rezone request is compatible with the existing land uses.
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Rezone Request #R 05-001
P&Z Feb 17, 2005
Page 2 of2
Transportation - Both tracts gain access using Farrington Boulevard, a
minor arterial with 100' ROW, which provides access to Fainnont Parkway
and Spencer Highway. However, Farrington Boulevard median cut and its
alignment with the access points of the proposed development will be
reviewed carefully at the time of plat submittal. Fainnont Parkway, a semi-
controlled access highway with 250' ROW, may accommodate the traffic
generated by this develop~ent.
Parks and Recreation - The nearest park facility is in Fainnont Park
Central Section 2 along Farrington Boulevard at Collingswood. This facility
serves the parks and recreation needs of several neighborhoods within a 1 to
2 mile radius. At the time of platting, attention should be given to pedestrian
connectivity. The subject tracts would provide the needed access to connect
Big Island Slough to the Exxon-Mobil Pipeline as mentioned in the City's
Bicycle and Pedestrian Implementation Plan.
Utilities - Sufficient water and sanitary sewer facilities exist in the area.
The detailed analysis will, occur when subdivision plats are submitted. In
addition, the developer must provide any structures or improvements
necessary to serve future development. Storm water drainage and detention
is also an issue that will be carefully reviewed as the project develops. Staff
recommends on-site detention for the proposed development.
Residential Development - The intent of the Comprehensive Plan is to
provide for attractive low-density residential neighborhoods. The
neighborhood protection standards applicable to this project may include
physical screening, increased setbacks, and use of open space buffers. When
reviewing the subdivision plat, the Commission may consider additional
buffering between land us~s, e.g. adjoining commercial uses along Fairmont
Parkway.
Conclusion:
At this time, Staff recommends that the Planning and Zoning Commission
approve this rezone request, as it represents the highest and best use of the
property. Furthermore, the request supports the goals and objectives of the
Comprehensive Plan.
Actions available to the Commission are as follows:
. Recommend approval of the zone change from GC to R-1, as
requested, ,
. Recommend denial of the zone change from GC to R -1, and
. Continue the public hearing until next meeting.
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N.T.S.
LEGEND
RCS.CC 1
PROPOSED
F'AIRMONT PARK SECTION 1 2
PROPERTY LINES
20
LEGEN
REZONE REQUEST #R 05-001
R-l. . . . . LOW DENSITY RESIDENTIAL
R-2. . MEDIUM DENSITY RESIDENTIAL
GC . . . . . . . . . . . . GENERAL COMMERCIAL
PROPOSED AREA OF REZONE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 14.2005
Requested By: wa~
Department: Planninl!
Appropriation
Source of Funds:
N/A
N/A
N/A
Account Number:
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
Exhibits:
Amount Requested:
N/A
Ordinance
p & Z Staff Report
Aerial Map
Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their February 17, 2005, meeting, held a public hearing to
receive citizen comments regarding Rezone Request #R05-001. This request is for the property located on both
sides of Farrington Boulevard just north of Fairmont Parkway. The subject tract comprises approximately
15.6064 acres ofland in the W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The tract is
located just south of Fairmont Park, Section 2, a single-family subdivision along Farrington Blvd. The adjacent
properties are zoned Low-Density Residential except commercial along Fairmont Parkway. The applicant,
Fairmont Park Joint Venture, is requesting a rezone from General Commercial (GC) to Low Density Residential
(R-1) for proposed single-family dwellings at the site.
As required by Ordinance, fifty-five (55) notices of public hearing were mailed to property owners within 200'
of the site. One response received. Granting this requested change would be in agreement with the Land Use
component of the La Porte Comprehensive Plan.
The Planning and Zoning Commission, by a unanimous vote (7-0) recommends to City Council approval of
Rezone Request #R05-001.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for 15.6064 acres ofland located in the
W.M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The applicant, Fairmont Park Joint
Venture, seeks to rezone the property from GC to R-1 for single-family dwellings.
Approved for City Council Ae:enda
Deb~cf~~
3--J-o 5
Date