HomeMy WebLinkAboutO-2004-1501-NNN R04-003
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ORDINANCE NO. 1501-J))J tJ
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 FOUR BEES JOINT
VENTURE, THE OWNER OF THIS 1.5 ACRE TRACT LOCATED IN THE 1600 BLOCK OF
UNDERWOOD ROAD AT NORTH OIL" STREET 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 15th day of April 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 April 15, 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 April 16, 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. 15' lJJ.A)~
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 10th day of May, 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 General Commercial
(GC) to Low-Density Residential (R-1)." The description of said parcels of land is as
follows, to-wit:
"pt. out of lot 411, La Porte Outlots, Vol. 1, Page 33, H.C.M.R., Enoch Brinson Survey,
Abstract No.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' JllJ. ~
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 _, nrl- day of May, 2004.
CITY OF LA PORTE ~
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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 15th day of
April, 2004, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas.
The purpose of this hearing is to consider Rezone Request #R04-003, for the property located in the
1600 Block Underwood Road at North "L" Street. The property is further described as
approximately 1.5 acres out oflot 411, La Porte Outlots, Vol. 1, Page 33, H.C.M.R., situated in the
Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. The applicant, Four Bees
N., seeks to have this property rezoned from General Commercial (GC) to Low-Density
Residential (R-l) for developing single-family residential subdivision.
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
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) 471-5030 for fUrther information.
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THE STATE OF TEXAS
COUNTY OF HARRIS
lth Street
'xas 77571
281-471-1234
Fax: 281-471-5763
: CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance with the
provisions in Section 106-
171 of the City of La
re Sun
~......w ... ...._ .'___ _.__..
Underwood Road at North
"L" Street. The property is
further described 'as ap- 'Serving The Bayshore Area Since 1947'
proximately 1.5 acres out
of lot 411, La Porte Out-
lots, Vol. 1, Page 33. .'
H.C.M.R., situated in the
E~OC . Brinson Survey. .
A r at I' 5, La Porte,
Ha . ,.to !y, Texas. The'
. app~i t, our ~ Jv.,
seek 0 . is perty .
rez ed fro. neral ldersigned authority, on this date
Commerci I ( C) to Low- , .
Density Reside al (R-1) 'ed ~...arolyn Kellogg, a duly authorized
for developing single-fami- The Bayshore Sun a semi-weekly
Iy residential subdivision. h d d . II 'd' t 'b t d' th
e an genera y IS n u e In e
'-far(s County, Texas and who
A regular meeting of the ' .
I Planning and Zoning Com- NOm, swears the attached notIce was
missionwillfoIlOYithepub..3ay~;hore Sun dated 03/31/;;/.()otJ
: lie hearing to act upon the . ,
II public hearing items and to
conduct other matters per-
I taining to the Commission.
'I' Citizens wishing to ad-
dress the Commission pro
or con during the public
: hearing are required. to
, sign In before the meeting
, is convened.
arolyn Kellogg
Authorized Representative
'ibec before me this :;. r ,14 day of rr
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Sandra E. Bumgarner
Notary Public
Harris County, Texas
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CITY OF LA PORTE
Martha Gillett
Ciiy Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations or interpretive
. services at meetings
should be made 48 hours
prior to the meeting.
I 200 If
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City of La Porte
Established 1892
April 16, 2004
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R04-003
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its April 15, 2004, meeting, held
a public hearing to consider Rezone Request #R04-003. The applicant, Four Bees N.,
seeks to rezone approx. 1.5 acres of land along North "L" Street and Underwood Road.
The property is described as pt. out of lot 411, LaPorte Outlots, Vol. 1, Pg. 33, H.C.M.R,
Enoch Brinson Survey, La Porte, Harris County, Texas. The applicant seeks to have the
property rezoned from General Commercial (GC) to Low-Density Residential (R-l) for
single-family dwellings.
The Planning and Zoning Commission, by a unanimous vote (7-0), recommended
approval of Rezone Request #R04-003.
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Betty T . Waters
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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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
City Council will conduct a public hearing at 6:00 P.M. on the lOth 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 Rezone Request #R04-003, for the property located in the 1600 Block
Underwood Road at North "L" Street. The property is further described as approximately 1.5 acres
out oflot 411, La Porte Outlots, Vol. 1, Page 33, HC.M.R., situated in the Enoch Brinson Survey,
Abstract No.5, La Porte, Harris County, Texas. The applicant, Four Bees N., seeks to have this
property rezoned from General Commercial (GC) to Low-Density Residential (R-l) for developing
single-family residential subdivision.
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.
~HIBrr D
THE ST~fExAs
COUNTY OF HARRIS
PR.;
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CITY OF LA PORTE
Etrect
; 77571
I
281-471-1234
Fax: 281-471-5763
iii
slSI NOTICE OF PUBLIC
HEARING
pI
Po In accordance with the
~ provisions of Section 106-
, 171 of the City of La
4, Porte's Code ()f Ordlnan-
m ces, and the provisions of .
_ the Texas Local Govem-
ment Code, notice is here-'"
by given that the La Porte
City Council will conduct a
pUblic hearing at 8:00 P.....
on the 10th day of ....y.
~ the Council
C rs f City Hall, 604
We al ont Parkway,
La Po , exas. The ,pur-
pose o. s hearlrw'fs to
consider ezonl\..."'R8quest
. #R04-O he".perty
located I 1. . Block
UnderwoOd .. d at North
"L" Street. The property Is
further described as aP"1der3igned authority, on this date
proximately 1.5 acres out d' I K II d I h' d
of lot 411, La Porte Out- re haro yn e ogg, a u y aut onze
lots, Vol. 1, Page 33, The Bayshore Sun, a semi-weekly
; H.C.M.R., situated In the h d d . II d' 'b d' h
I Enoch Brinson Survey, jean genera y Istn ute In t e
Abstract No.5, La Porte, Harr:s County Texas and who
Harris County, Texas. The .' ,
applicant, Four Bees, "'.V., worn, swears the attached notice was
seeks to have this property Say('hore Sun dated 0" /,J 5 /;J.ootf
rezoned from General ,) _ _ __ _
. Commercial (GC) to Low-
Density (R-1) for develop-
Ing single-family residen-
tial subdivision.
re Sun
'Serving The Bays/zore Area Since 1947'
A regular meeting of the
City Council will follow the
public hearing to act upon
the. public hearing Items
I and to conduct other mat-
o ters pertaining to' the
Council. . . .
,/
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---:J
" ../'
Karolyn Kellogg .
Authorized Representative
~
Citizen wishing to address ~ .
the Council pro or cOn'dur- -jbec before me this ~.2 ? -r...!:!... day of J
: Ing the publiC hearing are .
: required to sign In befo!'8 i 7 JZ. /l
i the meeting Is convened. ~..r..<f~ fi;. 1~.t..,.,.t.7J"""'K.!-----
I ~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
,2004-
CITY OF LA PORTE
Martha Gillett
. \ .. City Se~etary
This facility had disability
accommodations availa-
ble. Requests (or accom-
gcr.......................................:"=""...................................................................................."'S
~ ,0--t),.~.~ SANDRA E. BUMGARNER ~
~ r:(*. ~ NOTARY PUBLIC. STATE OF TEXAS 8
~ ~O\~ : MY COMMISSION EXPIRES g
~ '~.OF1t.~ APRIL 30, 2006 ') ~
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StatTReport
April 15, 2004
Zone Change Request #R 04-003
Reauested by: Richard W. Cansler, Trustee
Four Bees, N., Owner
Reauested for: Pt. of Outlot 411, Enoch Brinson Survey
Locations: 1600 Block of Underwood Road
Present Zonine:: General Commercial (GC)
Reauested Zonine:: Low-Density Residential (R-l)
Back2round: The subject tract comprises approximately 1.5 acres of land out of outlot
411, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas.
The tract is a western portion (70' wide strip runs north & south) of the
proposed Green Crest Subdivision to be located at North "L" Street and
Underwood Road. The rest of the subdivision is on outlot 412, zoned low-
density residential for the proposed single-family residential subdivision.
Proposed Green Crest Subdivision is bounded on the north by the Sam T's
and Meadow Park Subdivision, on the south by North "L" Street and
Meadow Crest Subdivision, on the east by Lomax Junior High School, and
on the west by Underwood Road.
The applicant seeks a rezone from General Commercial (GC) to Low-
Density Residential (R-l) for single-family residential development.
Analysis:
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 City's Land Use Plan shows the subject tracts
developing as low density residential with some commercial uses.
Currently, the adjacent properties are primarily single-family residential and
public institution with a few commercial uses. The proposed rezone is
appropriate with these uses.
Transportation - The subject tract gains access on North "L" Street, an
arterial roadway with 80' ROW, may accommodate the additional traffic
generated by future residential development.
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Rezone Request #R 04-003
P & Z (4/15/04)
Page 2 of2
Sidewalks/Pedestrians - The developer is responsible to provide sidewalks
on the tract along North "L" Street. In addition, future development plans
should address pedestrian connectivity with commercial property along
Underwood Road. The City's pedestrian plan incorporates Big Island
Slough and Northwest Park along North "P" Street as components of the
trail system that would connect the subject tracts along North "L" Street.
Utilities - The infrastructure will be analyzed at the time of construction
drawings to ensure that sufficient capacity exists. In addition, it will be
developer's responsibility to provide on-site structures or improvements
necessary to serve future development. Storm water drainage and detention
reserve will be reviewed for the proposed development.
Conclusion:
Staff recommends that the Planning and Zoning Commission approve this
rezone request, which represents the highest and best use of the property.
Granting the requested change would not be contrary to the goals and
objectives of the Comprehensive Plan.
Actions available to the Commission are listed below:
. Recommend approval of the zone change as requested;
. Recommend denial of the zone change as requested; or
. Recommend approval of a modified version of the zone change.
R04-003
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date ReqUested:~
Requested By: Nick Fin8J!.. /.ifo
Department: Plannin2
Appropriation
Source of Funds:
N/A
N/A
N/A
Account Number:
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
Exhibits:
Amount Requested:
N/A
N/A
Ordinance
p & Z Staff Report
Aerial Map
Zoning Map
Preliminary Plat
Budgeted Item:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their April 15, 2004, meeting, held a public hearing to receive
citizen comments regarding Rezone Request #R04-003. This request is for the property located in the 1600
Block of Underwood Road at North "L" Street. The subject tract comprises approximately 1.5 acres ofland out
of Outlot 411, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. The tract is a western
portion (70' wide strip running north & south) of the proposed Green Crest Subdivision to be located at North
"L" Street and Underwood Road. Most of the proposed subdivision is in Low Density Residential (R-l) zone.
In order to better accommodate lot sizes, etc. the developer wants to rezone an additional strip (see Preliminary
Plat). The applicant, Four Bees Joint Venture, is requesting a rezone from General Commercial (GC) to Low
Density Residential (R-l) for proposed single-family dwellings at the site.
As required by Ordinance, thirteen (13) notices of public hearing were mailed to property owners within 200' of
the site. Staff received two responses. 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 #R04-003.
Action Required by Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for 1.5 acres ofland located in the 1600
block of Underwood Road. The applicant, Four Bees Joint Venture, seeks to rezone the property from GC to
R-l for single-family development.
Approved for City Council Ae:enda
Debra B. FeazeUe, City Mana r
Date