HomeMy WebLinkAboutO-2004-1501-ZZZ R04-008
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ORDINANCE NO. 1501- 2 Z U
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 AS REQUESTED FOR THE PROPERTY LOCATED AT 9702 & 9710
SPENCER HIGHWAY 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 August 2004, 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 August 19, 2004, 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 August 30, 2004, a
ORDINANCE NO. 150fz 2'b-
Page 2
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true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 13th day of September, 2004, 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 Low-Density Residential
(R-1) to General Commercial (GC)." The description of said parcels of land rezoned to
General Commercial (GC) is as follows, to-wit.
"1.75 acres of land described as TRS 11A and 11B, Block 3, W. J. Payne Subdivision,
Abstract 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
ORDINANCE NO. 150~z..2-
Page 3
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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.
"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.1f1-' day of September, 2004.
CITY OF LA PORTE
(1., t.'P~
ALTON PORTER, Mayor
By:
tit
tit
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 wilI conduct a public hearing at 6:00 P.M. on the 19th
day of August, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider rezone request #R04-008, for 1.75 acres of
land described as TRS 11A and liB, Block 3, W. 1. Payne Subdivision, W. M. Jones Survey, A-
482, La Porte, Harris County, Texas. The City of La Porte is seeking this request based on the new
Fire Station NO.2 to be located on TR lIB. The subject property is located at 9710 Spencer
Highway. The property in question is being considered for rezoning from Low-Density Residential
(R-l) to General Commercial (GC).
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting 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 will be
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 the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for further information.
DHlsrr A
:. IN AccoRDANCE WITH
: THE PROVISIONS OF
. SECTION 171 OF
: TH CO OF ORDI-
.. THE CITY
'10 AND THE
PR NS OF THE
L OOVERN-
. NOTICE IS
IYEN .THAT
OATE Pf...AN..
D ZONING
ION WILL
CONDU A PUBLIC
. HEARING AT 6:00 P.M.
ON THE'19TH DAY OF
AUGUST, 2004, IN THE
Cit COUNCIL . CHAMBERS
. . OF THE CITY HALl, 604
Cl.! WEST FAIRMONT PARK-
StJ WAY. LA PORTE. TEXAS.
, THE PURPOSE OF THIS
r -- ._--. -_..:..._- ---
B~ ~~LL~~~~: ~igned authority, on this 'date
c~ UC HEARING FOR THE karolyn Kellogg a duly authorized
I PURPOSE OF ACTING I . I .
rj UPON THE PUBUC!. Bayshore Sun, a semi-weekly
n HEARING ITEMS AND TO I and generally distributed in the
. CONDUCT OTHER MAT- ,
a lCRS PERTAINING TO Is CouC1ty, Texas an.d who
1 THE COMMISSION. h, swears the allached notice was
. Lhore Sun dated O'3/CJI/;J.oo cf-
. . CITIZENS WISHING TO , f
ADDRESS THE COMMIS-
SION PRO OR CON DUR-
ING THE PUBLIC HEAR-
ING WILL BE REQUIRED
TO SIGN IN BEFORE
THE MEETING IS CON-
VENED.
t THE STATE OF TEXAS
COUNTY OF HARRIS
CITY Or"*APOME
NOTICE OF PUBLIC
HEARING
CITY OF LA PORTE
MARTHA GILLETT
j' CITY SECRETARY'
S: A QUORUM. OF CITY
'COUNCIL MEMBERS
MAY BE PRESENT AND ,
'PARTIClPATE IN DIS.:
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'Sen:ing The Bayslzore Area Since 1947'
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Karolyn Kellogg
Authorized Representative
c: before me this 3 I ;o:t day of ~
~.&~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
281-471-1234
Fax: 281-471-5763
,200lf
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City of La Porte
Established 1892
August 30, 2004
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R04-008
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its August 19, 2004,
meeting, held a public hearing to consider Rezone Request #R04-008. The
City of La Porte seeks to rezone approximately 1.75 acres of land located at
9702 and 9710 Spencer Highway from Low-Density Residential (R-1) to
General Commercial (GC). The property is further described as TRS 11 A and
11 B, Block 3, W. J. Payne Subdivision, Abstract No. 482, La Porte, Harris
County, Texas. The purpose of rezoning is to bring the existing non-
conforming use into a more conforming use and to allow development of a
new Fire Station No.2 near the Baker Junior High School.
The Planning and Zoning Commission, by unanimous vote (8-0), has
recommended approval of Rezone Request #R04-008.
Respectfully submitted,
{l~~
Betty T. Waters
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
.DaiIBIT 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 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 September,
2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider rezone request #R04-008, for 1.75 acres of land described as
TRS IlA and liB, Block 3, W. 1. Payne Subdivision, W. M. Jones Survey, A-482, La Porte, Harris
County, Texas. The City of La Porte is seeking this request based on non-conforming commercial
use presently at 9702 Spencer Highway along with the new Fire Station NO.2 to be located at 9710
Spencer Highway. The property in question is being considered for rezoning from Low-Density
Residential (R-l) to General Commercial (GC).
A regular meeting of the City Council will follow the public hearing for the purpose of
acting 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 will be 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 the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for further information.
~~HUBrr D
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11'fE STATE OF TEXAS
, COUNTY OF HARRIS
, CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance
wittllhe provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
: of La Pc , and the provi-
sion Texas local
Gov e. notice
is here at the La
Porte C eil will con-
duct a pub hearing at
6:00 P.M. on. 13th
C day of . fl. 004.
, in the bers
CoftheC . est
Fairmont y. La
S Porte Te . The pur-
, pose 'of this hearing is to
. consider rezone request
8, #R04-OO8, for ~ .75 acres
, of land described as TRS
Cc. _. __ _ ,
hearing will be required to
re; sign In before the meeting
n d Is convened.
cii
aft
pu
CITY OF LA PORTE
Martha Gillett
Cily Secretary
This facility has disability
accommodations availa-
ble. Requests for accom.
modations or interpretive
setvices at meetings
should be made 48 hours
prior to the meeting.
Please contact the City
Secretary's office at (281)
471-5020 or TDD Line
(281) 471-5030 for further
Information.
~ trcct
; 77571
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ue
'Sen'i/lg The Bayshore Area Since 1947'
,0
'signed authority, on this date
/(arolyn Kellogg. a duly authorized
: 8ayshore Sun, a semi-weekly
i and generally distributed in the
o s COUl!ty, Texas an.d who
n. swears the allached notice was
shore Sun dated 0(/ J;L 9 1,;2.()o(~
. .
......
~/)&//..,~ /O?~_
,. u.J":"d' (..r'? F .(Jdd'
aralyn Kellogg .
Authorized Representative
SIt'lorn and subscribec.' before me this 3/.4 day of ~
~~.J.~~_
Sandra E. Bumgarner
Notary Public
Harris County, Texas
i
281-471-1234
Fax: 281-471-5763
, 200 If
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LEGEND.
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PROPOSED FIRE STATION #2
LOW DENSITY RESIDENTIAL
c:::J GENERAL COMMERCIAL
PROPERTY OUTLINE
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REQlsT FOR CITY COUNCIL A(lmA ITEM
Agenda Date Requested: September 13.2004
Requested By: Wayne J. Sabo lIf
Exhibits:
Ordinance
Aerial Map
Zoning Map
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: N/A
Department: Plan nine
Report: _Resolution: _Ordinance: X
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their August 19, 2004 meeting, held a public hearing to receive
citizen comments regarding Rezone Request #R04-008. This request involves 1.75 acres of land located at 9702
& 9710 Spencer Highway, further described as TRS l1A and 11 B, Block 3, W. J. Payne Subdivision, in the W.
M. Jones Survey, Abstract 482, La Porte, Harris County, Texas.
During the zoning map review, staff found the subject property is zoned Low-Density Residential (R-l). In
addition, the property has commercial establishments operating as pre-existing and non-confonning for several
years. So, the purpose of this rezone request is to bring the non-conformity into a more conforming use with the
current ordinances. The City has a plan to build a new Fire Station No. 2 adjacent to this property at 97 I 0
Spencer Highway near the Baker Junior School. The City staff is using this opportunity to extend the General
Commercial (GC) zone to include the proposed fire station site and existing commercial strip along Spencer
Highway at Underwood Road.
As required by ordinance, seven notices of public hearing were mailed to property owners within 200' of the
site. Staff did not receive any response. By a unanimous vote, the Commission recommends to Council
approval of Rezone Request #R 04-008.
Action Required by Council:
1. Conduct public hearing.
2. Consider taking action on an Ordinance for 1.75 acres of land located along Spencer Highway to rezone the
property from R-l to GC for proposed Fire Station No.2 to be located at 9710 Spencer Highway.
Approved for City Council Ae:enda
frPi
Date