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
.
.