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Home My WebLink AboutO-2004-1501-GGG R03-007 . . ORDINANCE NO. 1501-11.60 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 OF THAT CERTAIN PARCEL OF LAND 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 November 2003, 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 Govemment 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 November 20, 2003, 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 November 21, 2003, 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. lSOl!i; t:, Page 2 . "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 12th day of January, 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 is as follows, to-wit: "pt. of TR BA, W. J. Payne Subdivision, 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. 150 1~1(f761 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 t.):#-- day of January, 2004, CITY~ PORTE ~ B~ .~~ ~ NOR~N MALONE, Mayor ATTEST: ByLJ/J().tfjJL ../it/iii MAR l-fA G~City Secretary APPROV~ J g B I~ e . Staff Report November 20, 2003 Zone Change Request #R 03-007 Reauested by: Eddie V. Gray, Trustee Fairmont Park, N. Reauested for: Pt. TR SA, W. J. Payne Subdivision. Locations: 10000 Block of Spencer Highway Present Zonine: Low-Density Residential (R-I) Reauested Zonine: General Commercial (GC) Back2round: The subject tracts comprise approximately 0.550 acre of land out of W. 1. Payne Subdivision, La Porte, Harris County, Texas. The tract is a remainder of I7-acres tract, earlier rezoned to low-density residential for the proposed Fairmont Park East Section Eleven, Proposed Fairmont Park East Section Eleven is bounded on the north by the Creekmont Subdivision, on the south by Spencer Highway, on the east by the Big Island Slough, and on the west by Harbour Bay Apartments. The applicant seeks a rezone from Low-Density Residential (R-I) to General Commercial (GC). 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 City's Land Use Plan shows the subject tracts developing as mid-to-high density residential with some commercial uses, Currently, the adjacent properties are a mixture of mid-density and single- family residential and commercial uses. The proposed rezone is appropriate with these uses. Transportation - The tracts in question gain access on Spencer Highway. Spencer Highway, a primary arterial with 100' ROW, can accommodate the additional traffic generated by future development, Sidewalks - The developer is responsible to provide sidewalks on the tract along Spencer Highway. In addition, future development plans should address pedestrian connectivity. The City's pedestrian plan incorporates Big . e Rezone Request #R 03-007 P & Z (11/20/03) Page 2 of2 Island Slough and Valley Brook Drive as components of the trail system that would connect the subject tracts to the Glen Meadows subdivision. Utilities - The infrastructure is analyzed in detail to ensure that sufficient capacity exists. In addition, the developer must provide any structures or improvements necessary to serve future development. Storm water drainage and detention has been reviewed for the proposed developments. 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. . e THE STAlE OF lEXAS COUNTY OF HARRIS CITY OF LA PORlE 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 20th day of November, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R03-007, for the property located in the 10000 Block of Spencer Highway. The property is further described as Pt.ofTR SA; approximately 0.550 acre situated in the W.J. Payne Subdivision, La Porte, Harris County, Texas. Mr, Eddie Gray, Trustee for Fairmont Park, N., seeks to have this property rezoned from Low- Density Residential (R-l) to General Commercial (GC). 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 PORlE Martha Gillett City Secretary '/his 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 jitrther information. "IT A sIgn In DeTore me meellng Is convened, '. e - THE~FTEXAS COUNTY OF HARRIS CITY OF LA PORTE CITY OF LA PORTE Martha Gillett eity Secretary . 281.471-123~ Fax: 281.471.5763 I 'This facility has disabilitY NOTICE OF. PUBLIC accommodations availa- HEARING ble. Requ~sts foraccoi'n- .< . modations or Interpretive ... In accordance with the' services at meetings I provisions In SectIon 106- should be made 48 hours ..', 171 of the City' of La prior to the meeting. iI'" Porte's Code of Ordlnan- Please contact City Secre- '." ces, and the provisions of tary's office at (281) 411- ::~. the Texas caJ Govern- 5020 or TOO Une (281)....:?i: men~t, .tlce is here- 471.5030 for further infor- ~ ' by g'vs e La Porte mation. " Plan . Zoning Com- . '!Ilssl nduct a pub- . n'bzo The Ba \'slz ore Area Since 1947' hc hea g ~'M' on oJ" 0 J the 2 ov ber, 2003, in uncil Chambe~ f' 1,604 l Porte West FBI ont arkway, , La Porte, Texas. The pur- f Hams JOse of this hearing Is to r . ::onsider Rezone Request I exas m03-007, for the property ocated In the 10000 Block )f Spencer Highway. The e, the undersigned authority, on this date noperty Is further descri- j d K I K II d I h' d led as Ptof TR SA; ap_ appeare aro yn e ogg, a u y aut orJze lroximately 0,550 acre sit- ative of The Bayshore Sun, a semi-weekly lated In the W.J. PlW]e bl' h d d . II d' 'b d' h II~w~J-Iaper pu IS e an genera y Istn ute In t e City of La Porte, Harris Cou~ty, Texas and who after being duly sworn, swears the attached notice was published in The Bayshore Sun dated II / (),; /03 "re SUD ~~1 ~~J~Jr arolyn Kellogg . Al.lthorizen Reoresentative I S""/orn and subscribed before me this E I ~ day of ~ ~~.4-..~ Senora E. Bumgarner Notary Public Harris County, Texas ,2003 ~ ~U"~1t"lP '~ ~~.o(.~u i '-.J e - City of La Porte Established 1892 November 21,2003 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezone Request #R03-007 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its November 20, 2003, meeting, held a public hearing to consider Rezone Request #R03-007. The applicant, Eddie V. Gray, Trustee, Fairmont Park, JV, seeks to rezone approx, 0,550 acre of land located in the 10000 Block of Spencer Highway. The property is described as Pt. TR 8A, W, 1. Payne Subdivision, La Porte, Harris County, Texas. The applicant seeks to have the property rezoned from Low-Density Residential (R-I) to General Commercial (GC). The Planning and Zoning Commission has recommended approval of Rezone Request #R03-007. In addition, the applicant shall provide buffering measures and/or site-bearing fence with landscaping including trees along rear and eastern property line to help reduce possible impact of light and noise to the abutting residential land uses. Respectfully submitted, ~-t'- Betty T, Waters Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020 BHISIT C . e 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 12th day of January, 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 #R03-007, for the property located in the. 10000 Block of Spencer Highway. The property is further described as Pt,of TR 8A; approximately 0.550 acre situated in the W.J. Payne Subdivision, La Porte, Hams County, Texas. Mr. Eddie Gray, Trustee for Fairmont Park, N. seeks to have this property rezoned from Low-Density Residential (R-1) to General Commercial (GC). 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) 471-5030 for fUrther information. EXHIBIT D COUNTY OF HARRIS ~..-:.~:(~~~r~r'..:::::::: " .A r cesind th r slons '''( the oc G ,%<,: ment de, notic I re- ~ by give at the City Council will n a . public hearing at 6:00 P.M. on the 12th day of Janu- ary, '2004, in the Council Chambers of City Hall, 604 orte West Fairmont Parkway; La Porte, Texas. The pur- arris pose of this hearing is to :is consider Rezone Request #R03-007, for the property located in the 10000 Block of Spencer Highway. The he undersigned authority, on this date p,roperty is further descri- )peared Karolyn Kellogg, a duly authorized bed as Pt,of TR SA; ap- proximately 0.550 acre sit- 'e of The Bayshore Sun, a semi-\'1eekly uated in the W.J. Payne bl' h d d . II d' t 'b t d' th Subdivision, La Porte, Har" 'u IS e an genera y IS n u e In e . rls County, Texas, Mr, Ed- rte Harris County Texas and who die Gray, Trustee for Fair-' " I , mont Park, JV. seeks to J/y sworn, swears the attached notice was have this property rezone~ ,rhe Bayshore Sun dated /.;)... J ~ t../ /03 from Low-Density Resl- , dential (R-1) to General e 'outh 8th Street rte, Texas 7757.1 - ~ '. $ THE STATE OF TEXAS .. 'Sen'ing The Bayshore Area Since 1947' 281.471.123~ Fax: 281.471.5763 CITY OF LA PORTE f re SUD .' ~~t -tPLoty -ro':n-:eIlOgg . . Authorizeci Representative Sworn and subscribed before me this 3 14"' day of ~ ~A.~ Sen:lia E, Bumgarner Notary Public Harris County, Texas ,2003 ~ r~lilBtT E o . _,-..r.':.:c- , LEGEND . 'PROPoS~D REZONE REQUEST #'R-03-007 ,550 AC, TRACTOUTOF TR, 8A & 9A 'W,], P~YNE . - PROPOSED AREAOF REZONE rtl ~ N,T.S. UJ :> - ct o ~ o o ct CO ?u --1 --1 <:C. :> 1 2 1 OLD ORCHARD LEGEND,' " " . ,. .. -. . . - . . '. RE~ONE.REQUEST. #R 03-0:07' ." . . 550 AC. TRACT OUT OF TR,8A & 9A ".,: " '.,' 'J W.J. PAYNE': ' ':, " "C ' R-l, : "LOW,DENSI~ RESID~NTIAL [=:J R-3, ::' ',HIGH DENSITY RESIDENTIAL, .:_GC,> , "','GENERALCOMMERCIAL .' @' PROPOSED ;AR~A"OF'~EZONE I. ..' 'I ;',. . 1" , ,I. " ii. .?' . e ......-....... .. ......-----=- . - .- , ' . City of La p()..~ I. r 130 . :. Established 1892 :-; ~ . :' APPUCATION FOR ' ,....~:..i;,L_,:.:.~.:~~~: ..;' : ZONE CHANGE REQUEST OFFICE USE ONLY: $300.00 FEE:~ Application No.: Q'3 '-001 Date Received: \ 0 - 1"1- U?J Receipt No.: (p I 71 ( ) Site Plan ( ) Minor Development Site Plan ~ Major Development Site Plan ( ) General Plan ( ) Site Plans Submitted on Applianl's Name: Eddie V. Gray, Trustee Address: P. O. Box 638 Bay town , Tx. 77522 Date: 10-16, 2003 Ph: (281) 422-3677 Ext. fo Signature: '/" Owner's Name: Eddie V. Gray, Trustee Address: (S am~ Property Legal Description: ~68: Ph: (S arne) , frontage on Spencer & depth ( ) See Attached' I AM THE OWNER OF TIlE HEREIN DESCRIBED PROPERTY AND IS AUTHORIZED TO FILE TIllS APPUCATION O~ . VI Date: /fJ..,ft,-03 Signature: BEHALF. I~ Zone: R-l Requested Zone Change: General Commercial GC SIC .No: Proposed Usage: OFFICE USE ONLY 1) Planning &. Zoning: (a) Preliminary Meeting. . . (b) Public HearinglMtg. - Recommendation: Applicant Notified of Date(s): ( ) 1st Mt~. Adjoining Property Owners Notified: ( ) 2nd Mtg. 2) City Council: (a) Regular Meeting . . (b) Public HearinglMtg. . Adopted by Amendment Ord. #1501 - Approved ( ) Denied () ." I'.' ('\11'\ 1I1!\ . 1..lr\'I'~.TO:'I.I.77~i:,IH~ · (71\Pjl.~~20 I- e e A Meeting of the La Porte pl~nnin2' and ZoDin2 Commission (Type of Meeting) to Consider RECEIVED NOV 2 0 2003 PLANNING DEPT. Scheduled for Novembez 20,2003 (Date of Meeting) Re:zone Request #R03-007 (Type of Request) I have received notice of the above referenced public hearing. I am in FA VOK of gmnting this request for the following reasons: ~, I'A~' Co_ l11oh/ C6m~ ~~ ~ ;"\- hI(1f/., ~dJ{/. ~~ deveL~pm~ ~ ~~ A;ild (~/J(Jt/ /(~ ~C:/I- ~Ln -h-voe .Pdr~j" d,'r-, ~~j e.Ic. -Ii",.) ";,, ,z, ~ ' hU ftJdu J ,J;. ~ < ..,Ii;. , R'a/.J<>= '7 , - J' I am OPPOSED to gmnting this request for the following reasons: '2'c/,(l/,j [. In/l~ &. N.....CI>I-pDn~ ~ . - Jl? /!1M Signature !(){){)? old dkkrd~ d. Address IaiZ-T~ 0--Kt'd~j ?'"15? f City. S6.te. Zip . e !fIG City of La Porte E'stohlished 18.92 Memo From: Mayor and City Council Debra Feazelle, City Manager YRI Nicholas Finan, Interim Planning DirectOV~ . John Joems, Asssistant City Manager Cynthia Alexander, Assistant City Manager Martha Gillett, City Secretary Masood Malik, Planning Coordinator January 9, 2004 Agenda Items 7 & 8 and 9 & 10 To: Thru: cc: Date: Re: In your packet there is support material for two zone change requests, Part of the support material includes an aerial map and a section of the Zoning Map, The black and white copies are not as effective as the color. So, we are providing you color copies. In the future, we will automatically include color copies on all zone change requests. If you have any problem determining which items replace which pages or have any questions, please contact me at 281-471-5020, Ext.232. Attachments D LEGEND PROPOSED REZONE REQUEST #R 03-009 BLOCK 84 LOTS 1-16 TOWN OF LA PORTE SUBDIVISION PROPOSED AREA OF REZONE @ 8 N,T.S. fij ~ 'E M ~ o z 88 87 86 85 WEST TYLER STREET I " C N ,81 82 ~ 83 i 0 z 64 57 , I , " . .. ,. WEST ADAMS STREET 63 62 -1: 0.) " \U~ ~ >~;..:.,;.. "'Cu"" .. " 58 ,'''- . ,0 . ,,: I :t~~j~;\}[~;i};)j:;!t;':\gE~:~N'a:~:!;? "::.;;:~;'~rl!;~~~;: ,:?~'J"'~{.;(-:~{.,:"~'.RI;ZQt'JJ: RE;:QUE;ST #R,,03-0Q9.,' '(':;~J\Jf~"/:+~'1t'" ,.'J ;:~~'/':':"?'B[OCK' 84,LOT'l--16 'TOWN OF LA PORTE:! X:t';~r:~~,'(~ ~'i:i;/ ""'\,~~ i, .:,' , : ;'~ :;~:-2QWb~NSITv RESID~Nn.~\:;".:~~Y\:.~~ '}~t"t ',?R~ 2"..'.'~'M ~OIU M OENSITY. RES I DJ;:Ni.IAU \:;,:/; ;.:';,~ ~~,;~P:~;q,}':: .,..Pl..ANNJ:p ,uNiT D E;VELOP'ME;Ni',' '~';'?:.~.:~.:~ .'!;',~S,-"/~'t,.<.,:' '~.~ ':.:::::-',>' ~:G~N6RAL COMMER2I~~:<']~;~'::\' \:::,<r~~:zfpROp6s.EP AREA.9f,REZQNE .,'~' .:"~ <', .>~"~; .~~}~;~~~,~,~'~'~'--;,~~'~"::':~~"..<:..:'~,~: r~~~'..~ _~~..,~~. ,r . '>,~' . ,'~.t'<~'..";~;_...J:~"<:/:' R:\CITY MAPS\OFFlCIAl CITY MAPS\ZONING\OFFlCIAl-ZONING.MAP,dwg ~ I:EGEND PROPOSED REZONE REQUEST #R-03,..OO7 .550AC. TRACT OUT OF TR, 8A,& 9A W.J. PAYNE D PROPOSED AREA OF REZONE' R:\CllY MAPS\AERIAL PHOTOGRAPHY\2002 HGAC AERIALS\6153,dwg . e N.T.S. UJ > ..,..c ~ o ~ o ~ CO ~ ...J <( > 1 2 1 OLD ORCHARD lEGEND REZONE REQUEST #R 03-007 .550 AC. TRACT OUT OF TR. SA & 9A W.J. PAYNE R-l, . LOW DENSITY RESIDENTIAL c::J R-3, HIGH DENSITY RESIDENTIAL c.::=J GC , ,GENERAL COMMERCIAL w.a PROPOSED AREA OF REZONE R:\OTY MAPS\OFFIOAL CITY MAPS\ZONING\OFFIOAL-ZONING-MAP,dwg REQUI'T FOR CITY COUNCIL AGEtA ITEM Appropriation Requested By: Nick Finan Source of Funds: N/A N/A N/A N/A Department: Plannin2 Account Number: Report: _Resolution: _Ordinance:..L- Amount Budgeted: Exhibits: Amount Requested: P & Z Staff Report Ordinance Aerial Map Zoning Map Rezone application Mall Out Response Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their November 20, 2003 meeting, held a public hearing, to receive citizen comments regarding Rezone Request #R 03-007. This request involves 0.550 acre located in the 10000 Block of Spencer Highway (see map,) The subject tract is a remainder of 17-acre tract, earlier rezoned to Low-Density Residential for proposed Fairmont Park East Section Eleven. The property owner, Eddie V. Gray, is requesting a rezone from Low-Density Residential (R-l) to General Commercial (GC). As required by ordinance, eleven (11) notices of public hearing were mailed to property owners within 200' of the site. Staff received one response, which is in favor of the rezone, The response is attached herewith, The Planning and Zoning Commission recommended to Council approval of Rezone Request #R 03-007. As a part of the Commission's action, the applicant shall provide buffering measures and/or site-bearing fence with landscaping including trees along rear and eastern property line to help reduce possible impact of light and noise to the abutting residential land uses, ' Action Required bv Council: 1. Conduct public hearing. 2. Consider approval of Rezone Request #R 03-007. Aooroved for City Council A2enda JA~~ /- tp-O{- Date