HomeMy WebLinkAboutO-2003-1501-ZZ R03-001
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ORNINANCE NO. 1501:P:
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 FIN[)INGS 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 heretoflJre, to-wit, on the 20th day of March 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 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, (I copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby lfinds 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 March 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 March 21, 2003, a
true copy of which lettler is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
ORDINANCE NO. 15'~~
Page 2
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"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zonir:lg Commission, the City Council of the City of La Porte called a
public hearing on the pmposed classification changes and the recommendation of the
Planning and Zoning CClmmission on the 14th day of April, 2003, 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 pan:els 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. Tho 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. Thl:! 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 Ci1y of La Porte, is hereby changed, and the zoning classification
of said parcels of land shiall hereafter be "R-1 - Low Density Residential." The description
of said parcels of land re2:oned to Low Density Residential is as follows,
to-wit:
TRS BA, 9A, 9A-7, & 9A-8, W. J. Payne Subdivision, La Porte, Harris County, Texas.
"Section 7. Thl:! City Council of the City of La Porte hereby finds, determines,
and declares that all prenequisites 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.~t
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 fonnally 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 ~ day of April, 2003.
c~ PORTE
By. ~ V~
OR A~' Mayor
ATTEST:
REQ8~ST FOR CITY COUNCIL A&DA ITEM
Agenda Date Requested: April 14. 2003
Requested By: Doul! Kneupper~
Department: Planninl!
Appropriation
Source of Funds:
N/A
N/A
N/A
N/A
N/A
Account Number:
Report:
Resolution:
Ordinan(:e: X
Amount Budgeted:
Exhibits:
Ordinance
p & Z StalfReport
Aerial Map
Rezone application
Mail Out Response
Amount Requested:
Budgeted Item:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their March 20, 2003 meeting, held a public hearing to receive
citizen comments regarding Rezone Request #R 03 -001. This request involves 19.3756 acres located on along
the east and west sides of Myrtle Creek Drive. (See map.) The property owner, Eddie V. Gray, is requesting a
rezone from Neighborhood Commc::rcial (NC), General Commercial (GC) and High Density (R-3) to Low
Density Residential (R-1). The applit:;ant is proposing a residential subdivision with approximately 70 lots.
As required by ordinance, seventy-st~ven (77) notices of public hearing were mailed to property owners within
200' of the site. Staff received a totall of five (5) responses, which were all in favor of the rezone. The responses
are attached. By a unanimous vote, the Commission recommended to Council approval of Rezone Request #R
03-001.
The following options are available to Council:
. Table the item until a specified future meeting date.
. Approve the Commission's recommendation with a simple majority.
. Disapprove the Commission's recommendation with a % majority.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider approval of Rezone Request #R 03-001.
Aooroved for Citv Council Aeenda
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Date