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HomeMy WebLinkAboutO-2004-1501-OOO R04-004 Failed . ORDINANCE NO. 1501-000 e De.D: {\OI\ClZ fu', 1-( d 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 NEIGHBORHOOD COMMERCIAL REQUESTED BY MR. F. CARRINGTON WEEMS, OWNER OF LOTS 2 THRU 31 OF BLOCK 1254 LOCATED ALONG SOUTH BROADWAY, ADJOINING THE BAY FOREST GOLF COURSE 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 20th day of May 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 May 20, 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 May 21,2004, 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. 150'..000 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 14th day of June, 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. 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 Neighborhood Commercial (NC). The description of said parcels of land is as follows, to-wit: "Lots 2 thru 31 (2.0 ac), Block 1254, W. P. Harris Survey, A-30, 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. 150b 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 June, 2004. CITY OF LA PORTE By: Mayor Pro- Tem ATTEST: e e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Nick Finan Source of Funds: N/A N/A N/A N/A N/A Department: Planninl! Account Number: Report: _Resolution: _Ordinance: l- Amount Budgeted: Exhibits: Amount Requested: Ordinance P & Z Staff Report Aerial wl200'radius Map Zoning Map Site Plan Budgeted Item: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their May 20, 2004, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R04-004. This request is for the property located in the 2100 Block of South Broadway adjacent to the Bay Forest Golf Course. The subject tract comprises approximately 2.0 acres of land, described as lots 2 thru 31 of Block 1254, W. P. Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. Currently, the adjacent properties are a mixture of mid-density and single-family residential. The applicant, F. Carrington Weems, is requesting a rezone from Low-Density Residential (R-l) to Neighborhood Commercial (NC) for proposed development of a professional office building. The City's Comprehensive Plan and the TIRZ Board envisioned this area developing as residential. It is also anticipated that the area around the Bay Forest Golf Course be developed as upscale residential. In addition, zone change may constitute the appearance of a spot zoning. Furthermore, the property in question is not suitable for the requested change to NC. As required by Ordinance, seven (7) notices of public hearing were mailed to property owners within 200' of the site. Two responses received. Granting this requested change would be in contrary to the goals and intents of the La Porte Comprehensive Plan. The Planning and Zoning Commission, by a unanimous vote (6-0) recommends to City Council denial of Rezone Request #R04-004. Action Required bv Council: 1. Conduct public hearing. 2. Consider and take action on ordinance to rezone 2.0 acres ofland located in the 2100 block ofS. Broadway from R-l to NC as requested by the applicant, F. Carrington Weems. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members. ADDroved for City Council Aeenda Ie -S?-()~ Date De 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 20th day of May, 2004, 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 #R04-004, requested for a property located along South Broadway (Old Highway 146) adjoining the Bay Forest Golf Course from Low-Density Residential (R-l) to Neighborhood Commercial (NC). The property is further described as Lots 2 thru 31 of Block 1254, W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant, F. Carrington Weems, seeks to develop an office building for public accountant, insurance agents, and service. A regular meeting of the Planning and Zoning Commission 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 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. .EXHIBIT A In accordance with the provisions of Section 106- 171 of the Code of Ordi- nances of the City, of La l e Porte and the provisions. ~f the Texas Local J~oyEUn:- menfcOde, notice Is here... by given that the La Porte Planning and Zoning Com- mission will conduct a pub- . lic hearing at 6:00 P.M. on the 20th day of May,' 2004, In the G,ouncil Cham~ 0 ity _1,604 West.. inn t arkway, . rte La ~~ Te. ur-.. pose "Of ari s to . rns consider e ange re- . ~ ques , request- . ) ed or a property located . along South Broadway. . " (Old Highway 146) adjoin- ~e undersigned authOrity, on this date Ing the Bay Forest G~lf :>eared Karolyn Kellogg a duly authorized Course from low-DenSIty . .'. Residential (R-1) to Neigh- ! of The Bayshore Sun. a semi-weekly borhood Commercial (NC). 'bl' h d d . II d' t 'b t d' th The property Is further de-. IS e an genera y IS rr u e In e scribed as Lo~ 2 thru 31 ::e. Harr"s COUf'1ty, Texas and who of Block 1254, W. P. Har- . h h . ris Survey, Abstract 30, La, Y sworn. swears t e attac ed notice was Porte, Harris . County, .1e Bayshore Sun dated 0 S /0...5 /0 "'- Texas. The apphcal)t,. F. . , I Carrington Weems, seeks to develop an office build- . ing for public accountant, insural')ce agents, and! service. THE STATE OF TEXAS COut{TY O~HARRIS CITY OF LA PORTE . uth 8th ~ treet :e, Texas 77571 NOTICE OF PUBLIC HEARING A regular meeting of the '. Planning and Zoning Com- ,: mission will follow the pub- : lic hearing. The Commis- .' sion will act upon the pub- . lic hearing Items and con- . duct other matters. e e 281.471.1234 Fax: 281.471.5763 reSUD 'Sen'ing The Bayslzore Area Since 1947' .' '~ a'Lc~Lf]1L Karolyn Kellogg . Authorized Representative Citizens wishin~ !O ad.- : :cribet before me this c:I. I!1JL day of ~ dress the Commission pro , or con during the public : / A ~ fr!.. hearing are required. to . ~ . ~ U~ sign in before the meeting : ~ is convened. Sandra E. Bumgarner Notary Public Harris County. Texas CITY OF LA PORTE Martha Gillett , 200 if ) BH I BIT: B e e City of La Porte Established 1892 May 21,2004 Hon. Mayor Pro-Tern and City Council City of La Porte Re: Rezone Request #R04-004 Mayor Pro-Tern and City Council: The La Porte Planning and Zoning Commission, during its May 20, 2004, meeting, held a public hearing to consider Rezone Request #R04-004. Mr. F. Carrington Weems, seeks to rezone approximately 2.00 acres of land in the 2100 Block of South Broadway adjacent to the Bay Forest Golf Course, further described as lots 2 thru 31, block 1254, W. P. Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. The applicant seeks to have the property rezoned from Low-Density Residential (R-1) to Neighborhood Commercial (NC). The purpose of rezoning is to allow development of a professional office building. The Planning and Zoning Commission, by unanimous vote (6-0), has recommended denial of Rezone Request #R04-004. Respectfully submitted, ~/Z: 01~~~ ~~aters Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 :~lY'rnlWr(/r M ~ ~.~~~. u 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 City Council will conduct a public hearing at 6:00 P.M. on the 14th day of June, 2004, 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 #R04-004, requested for a property located along South Broadway (Old Highway 146) adjoining the Bay Forest Golf Course from Low-Density Residential (R-l) to Neighborhood Commercial (NC). The property is further described as Lots 2 thru 31 of Block 1254, W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. Mr. F. Carrington Weems, seeks to develop professional office buildings. 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 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) 471-5030 for fUrther information. .r~ftt~rr D t1~ In accordance with the I )rovislons of Section 106-, 171 of the Code of Ordl-'l e 'ances~the City of La) ;:~~ . ~~p~onS~f ~ JY g' t t e ::ity Council will uct a ~ )ublic hearing :00 P.M. ! m the 14th day of Jurie, . !004, In the Council: ;hambers of City Hall, 604 t ' Nest Falnnont Parkway, Irte .a Porte, Texas. 'The pur- '. ."_ --'---.- .' - 1/11::>> Citizens wishing to ad-, S dress the Council' pro or . con during the public hear~ iog are requir8cl to sign in d" d h' h' d . betOre the meeting Is con- Ie un erslgne aut onty, on t IS ate vened. . peared Karolyn Kellogg, a duly authorized e of The Bayshcire Sun, a semi-weekly CITY OF LA PORTE ublished and generally distributed in the Mai1ha Gillett .qlty Secretary rte, Harr 5 COUl'1ty, Texas and who . . !Jly sworn, swears the attached notice was A quorum of City CouncD The Bayshore Sun dated 05 /3CJ It) c.l members may be present , ~ and participate in discus- sions during this meeting, however, no action will be taken by Council. . THE ~~!J;.gF TEXAS COUNTY OF HARRIS CITY OF LA PORTE) :)Uth 8th ~ treet I.te, Texas 77571 I I NOTICE OF PUBlIC HEARING e e B 281-471-1234 Fax: 2'81-471-5763 re Sun 'Sen'ing The Bayslzore Area Since 1947' .' ~~~~~ ~ accommodations availa- ble. Requests for a~.. SO PI.// modatlons or interpretive (J j/ services at meetings ./ should be made 48 hours Is; rolyn Kellogg prior to the meeting. Please contact the City Authorized Representative secretarY's office at (281) . 471.5020 or TOO Line . D ~ (281) 471-5030 for further bscribec' before me this 0'2 ~ day of ~ Intonnation. .. ./~A.~~ Sandra E. Bumgarner Notary Public Harris County, Texas , 200 It ) UNlsn E e e StatT Report May 20, 2004 Zone Change Request #R 04-004 Reauested bv: F. Carrington Weems, Trustee Reauested for: Lots 2 thru 31, Block 1254, Town of LaPorte. Locations: 700 Block of S. Broadway Present Zonine:: Low-Density Residential (R-l) Reauested Zonine:: Neighborhood Commercial (NC) Back2round: The subject property comprises i:2 acre of land out of W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The tract is adjacent to the Bay Forest Golf Course along S. Broadway. West 'R' Street, the main entrance to the golf course, is to the north of this property. Public right-of-way for the West'S' Street (unimproved) is to the south. The Vista Baywood Apartment Homes are across the street to the east. There are three new single-family houses just north of 'R' Street along S. Broadway. A neighborhood convenience store is located in the vicinity. Earlier, the applicant had a swap ofland with the City. In lieu of two lots 24 & 25, the corner lots (1 & 32) adjacent to the golf course were transferred to the City. In addition, 16' public alley was swapped with a strip ofland to the west along the Golf Course property. The applicant seeks a rezone from Low-Density Residential (R-l) to Neighborhood Commercial (NC). The purpose of the zone change is to allow an office building for public accountant, insurance agent, etc. Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Redevelopment. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tracts developing as Low Density Residential. Currently, the adjacent properties are a mixture of mid-density and single-family residential and a commercial use. The proposed rezone may not be appropriate with these uses. e e Rezone Request #R 04-004 P & Z (5120/04) Page 2 on Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered in approvIng or denying a rezoning 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 - The tracts in question gain access on S. Broadway (Old Highway 146), a primary arterial with 100' ROW may accommodate the additional traffic generated by this proposed development. Utilities - Water and sewer services are available along S. Broadway. An 8" water line runs northsouth along east side of S. Broadway. A 10" sanitary sewer line is along west side of S. Broadway. In addition, the developer must provide any structures or improvements necessary to serve this development. Storm water drainage and detention will be reviewed for the proposed development at the time of plan submittals. Landscaping/Screening - The property abuts the Bay Forest Golf Course to the west, "R" Street, which is the main entrance to the golf course on the north. The most public face of the property is along S. Broadway. Staff suggests that a substantial portion of the facility's landscaping should be placed along Broadway and West "R" Street to screen it from patrons and visitors of the golf course. The building style coupled with the proposed landscaping and setbacks are critical to maintaining attractive facilities and bring compatibility with surrounding properties. Screening would be required along north and west sides of the property. . e Rezone Request #R 04-004 P & Z (5/20/04) Page 3 of3 Conclusion & Recommendation: The City's Comprehensive Plan and TIRZ Board envisioned this area developing as residential. Based upon the above findings and prevailing development in the area, staff finds the adjacent properties are a mixture of mid-density and single-family residential and some commercial uses. The property in question is not suitable for the requested change to NC. It may be subject to a spot zoning. The development within the subject tract will negatively impact the surrounding properties and may harm the value of nearby properties. Furthermore, it will have a significant impact upon the major thoroughfare leading to the Golf Course. It is envisioned that the area around the Golf Course be developed as upscale residential. Actions available to the Commission are listed below: . Recommend to Council approval of the zone change from Low- Density Residential (R-l) to Neighborhood Commercial (NC); . Recommend to Council denial of the zone change from Low- density Residential (R-l) to Neighborhood Commercial (NC). . Table the item for further discussion by the Commission. e e e 1446 1219 1254 1261 e " " .;.;:.:.~ ';''':;;' ~. .,' . , >',~ "-1<:;4~.': ~jf',,~:,~,:: .,".' ; ~ ",' .,'.. i'~:.~" -~~',~"!i~~~~.,c'<'( ~ .':, , ':, ; ~ '.:~ <~:,,; ~?,-A ~"'~(~~~ ,'.: -~,~. ~: '. ;' -~.,-~ ',,,~.,~~ _c ~ r N.T.S. , . . ;-1 t:;. ~" . -' . -.... ,'- '<~'12~ 'l;E~;~,' ~"'~~ .-.~ . ".' .,~. >.; ;:>~..~ :~:' > '~'.c;.) . ,} ~~ ~ : , ... '.. ., ~ 1 . .,~. '-:"- . , . , . . ! " :<.. - -.... " '" Q. ~ ~ ... ~~ ~ W- III a u ... 8 ... III ~ ~ '" t 0: ;i t!l ;!; ti "I ~ u ~ ;!; ti ~ III ~ >- t:: u ~ u ;;: ~ ~ '" >- c: 5/ '" To 1260 LEGEND PROPOSED BAYFOREST RANCH DEVELOPMENT TRS 692C, 693B, 706 & 707 LA PORTE OUTLOTS R-l LOW DENSITY RESIDENTIAL _--:J R-3 HIGH DENSITY RESIDENTIAL ~ PUD, PLANNED UNIT DEVELOPMENT PROPERTY OUTUNE . .