HomeMy WebLinkAboutO-2007-1501-S5 R07-003
REQUEST FOR CITY COUNCIL AGENDA ITEM
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Requested By: Wayne J. S 0
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Department: Plannin2
APOrODriation
Source of Fonds:
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N/A
Account Nmnber:
Report:
Resolution: _Ordinance: -K-
Amount Budgeted:
Exhibits:
Ordinance
p & Z Staff Report
AeriaVZOning Map
Amount Reqnested:
I
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their April 19, 2007 meeting, held a public hearing to receive citizen
connnents regarding Rezone Request #R07-oo3. The applicant, Horace Leopard on behalf of Sunnner Winds, LLC.,
seeks to have 1.3 acres of land located in the 9800 Block ofFairmont Parkway, further descnbed as a portion ofTR 719
and E Yz of TR 718, W. M. Jones Survey, A-482, La Porte, Hams County, Texas, rezoned from Planned Unit
Development (PUD) to Neighborhood Commercial (NC) for a commercial/retail development.
Due to a recent subdivision and sale of land for a proposed nursing home, this is an undevelopable tract of land because
the property does not meet the City's minimum five acres required for any commercial development in a PUD zone. The
subject property is in the vicinity of mixed use developments, e.g. single-family, multi-family, and connnerciaVretail
Due to its size and location, the property would be better served when zoned as neighborhood connnercial. The zone
change would acconnnodate development of a proposed fast food restaurant and commerciaVretail activities near the
intersection of Underwood Road and Fairmont Parkway.
The Land Use Map shows this area developing as connnercial use, as the subject site is within close proximity to mixed
use developments. Some of the uses permitted in a neighborhood commercial zone are as follows: Antique stores, doctors
& dentist's offices, drug stores, eating places, hardware stores, and professional offices. In addition, hotels/motels are not
a permitted use in a Neighborhood Connnercial (NC) zone.
As required by ordinance, three notices of public hearing were mailed to property owners within 200' of the subject site.
No response was received in this regard By unanimous vote, the Planning and Zoning Commission has reconnnended to
Council, approval of Rezone Request #R07 -003.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on a reconnnendation by the Planning and Zoning Connnission to approve Rezone Request
#R07-oo3, rezoning 1.3 acre tract from Planned Unit Development (PUD) to Neighborhood Commercial (NC).
,S'/;p !o?
(Da1
ORDINANCE NO. 1501-s)
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 PLANNED UNIT
DEVELOPMENT TO NEIGHBORHOOD COMMERCIAL, AS REQUESTED FOR 1.3 ACRES OF
LAND OUT OF TR 719 AND E Y2 OF TR 718, LA PORTE OUTLOTS, LOCATED IN THE
WILLIAM M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, 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, detennines
and dedares that heretofore, to-wit, on the 19th day of April 2007, 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 "8", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3. Immediately following such public hearing on April 19, 2007, 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 30, 2007, 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. 1501-S5'"
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 21st day of May, 2007, 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 accordingly. The zoning and
description of said parcels of land is as follows, to-wit:
Approximately 1.3 acre tract of land out of 8.2628 acre tract, described as TR
719 and E % of TR 718, W. M. Jones Survey, Abstract 482, La Porte, Harris County,
changed from Planned Unit Development (PUD) to Neighborhood Commercial (NC).
"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. 1501-SS-
Page 3
"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 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 ~ .2007.
CITY OF LA PORTE
BY:~~
ALTON PORTER, Mayor
ATTEST:
BY.~~
MART A GILLETT, City Secretary
APPROVED:
By: ~~rtL-v.v.
CLA A INS, Ass stant CIty Attorney
R07'()()3
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 19th
day of April, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider rezone request #R07-003, for an
approximate 1.3 acre tract out of 8.2628 acres of land being east 1f2 of TR 718, TR 719, and
adjoining street, out of La Porte Outlots, W. B. Lawrence Subdivision, Vol. 83, PG. 344, H.C.D.R.,
William M. Jones Survey, A-482, La Porte, Harris County, Texas. The property is located in the
9000 block of Fairmont Parkway. Summer Winds, LLC., the property owner, through Horace
Leopard (agent), seeks to have this property rezoned from Planned Unit Development (PUD) to
Neighborhood Commercial (NC) for proposed fast food restaurant(s) and commercial purposes.
A regular meeting of the Planning and Zoning Connnission will follow the public hearing
for the purpose of acting 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 will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
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.
TlOilBrr A
R07 '003
.~
THE STATE OF TEXAS
COUNTY OF HARRIS
820 S. 8th Street
Porte, Texas 77571
281-471-1234
Fax 281-471-5763
CI::~C~:::~:L1C .....,".' e B' ........, ,
H~EARli~_oc,:.I11 .
Wit~, pr 'Sl, , 0, f sec." I tSeninq Tile
tion 1 -10 e COde1,., , 6 <
of d n of the City;
of L e, d the provi- .
sions 0 the Texas Local I
Government Code, notice I ity of La Porte
is hereby given that the La r .
Porte Planning and Zoning' ounty of Hams
Commission wiUconduct a
public hearing at 6:00 ate of Texas
P.M. on the 19th day of
April, 2007, in the Council
Chambers of ~he City Hall, Iclfore me the undersigned authority on this date came and
604 West FamnontPark-, ,
way, La Porte,. Texas. ppeared Lisa Godfrey a duly authorized representative of The
The purpose of thiS hear- , '. ' '.
ing is to consider rezone ,ayshore Sun, a semI-weekly newspaper published and generally
request #R07-003, for an. 'b d' h C' f L PH' C T d h
approximate 1.3 acre tractlstn ute In t e Ity 0 a orte, arns ounty, exas an w 0
~~~n~ ~;~t2~ a~~e~~f i~n8~fter being duly sworn, swears the attached notice was published in
TR 719, and adiOinin9,'he Bayshore Sun dated 1/-/.- D'7
street, out of La porteOl.\t-
lots, W. B. Lawrence Sub-
jivision, Vol. 83, PG. 344,
H.C.D.R.,. William M.
Jones Survey, A-482, La
Porte, Harris County,
Texas.' The property is 10-
:ated in the 9000 block of
Fairmon~ Parkway. Sum- sa Godfrey
ller Winds, LLC., the
oropertyowner, through
Horace Leopard (agent),
,eeks to, have this prop-
3rty rezoned from Planned
'-Init Development (PUD)
:0 Neighborhood Commer-
:ial (NC) for proposed fast
'ood restaurant(s) and
:ommercial purposes. NOrn
'1/1
and subscribed before me this
,2007.
~~Aj
day of
A regular meet-
ng of the Planning and
2:oning Commission willi
'ollow the public hearing
'or the purpose of acting
Jpon the public, hearing
tems and to conduct other I
natter~ ~ertaining to the lrolyn Kellogg
::ommISSlon.
ltary Public
Citizens wishi~g lrris County, Texas
o address the Commls-
lion pro or con during the
~ublic Hearing win be re-
luired to sign in before the
neeting is convened. , Commission Exprires
,.. .....
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Ja$~
. "',,91.,.,"
. ...L1 .-a4"f'
KAROLYN KELLOGG
MY COMMISSION EXPIRES ,
April 11, 2010
April 11 ,2010
UHlerr B
City of La Porte
Established 1892
April 30, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R07 -003
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during its April 19, 2007, meeting, held
a public hearing to consider Rezone Request #R07 -003. The subject property is in the
9800 block of Fairmont Parkway at Underwood Road, further described as 1.3 acres being
out ofTR 719 and E 112 ofTR 718, La Porte Outlots, W. M. Jones Survey, Abstract No. 482,
La Porte, Harris County, Texas. The applicant seeks to have the above property rezoned
from Planned Unit Development (PUD) to Neighborhood Commercial (NC) for
retail/commercial activities.
The Planning and Zoning Commission, by a unanimous vote, has recommended approval
of the above rezone request.
c: John Joerns, Acting City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
IXHIBff C
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
R07..()()3
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 21st day of May, 2007, in
the Council Chambers of the City Hall, 604 West Fairmant Parkway, La Porte, Texas. The purpose
of this hearing is to consider rezone request #R07-003, for an approximate 1.3 acre tract out of
8.2628 acres ofland being east ~ ofTR 718, TR 719, and adjoining street, out of La Porte Outlots,
W. B. Lawrence Subdivision, Vol. 83, PG. 344, nc.D.R., William M. Jones Survey, A-482, La
Porte, Harris County, Texas. The property is located in the 9000 block of Fairmant Parkway.
Summer Winds, LLC., the property owner, through Horace Leopard (agent), seeks to have this
property rezoned from Planned Unit Development (pun) to Neighborhood Commercial (NC) for
proposed fast food restaurant(s) and commercial purposes.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con dwing the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, hO'AleVer, no
action will be taken by Council.a
This facility has disability accommodations available. Requests for accommodations or inte1pretive 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.
.lXHIl:Vf D
R07-003
THE ~^~, OF
TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NO'~~Fm
L In, ~ #accor-
dance ,)with '" the provi-
sions of Section
1 06-171 of the Code
of Ordinances of the
City of La Porte, and
the provisions of the
Texas Local Govern-
ment Code, notice is
101. 83, PG. 344,
{C.D.A., William M.
Jones Survey, A-482,
_a Porte, Harris
;ounty , Texas. The
lroperty is .located in
he 9000 block of Fair-
nont Parkway. Sum-
ner Winds, LLC., the
'roperty owner,
lrough Horace Leop-
rd (agent), seeks to
ave this property re-
oned from Planned
Init Development
)UD) to Neighbor-
ood Commercial
~C) for proposed fast
lod restaurant(s) and
)mmercial purposes.
A regular
feeting of the City
ouncil will follow the
jblic hearing for the
Jrpose of acting
Jon the public hear-
9 items and to con-
Ict other matters per-
ining to the Council.
820 S. 8th Street
.a Porte, Texas n571
281-471-1234
Fax 281-471-5763
Th....... .8...."'..'
e,
re Sun
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date came and
appeared Lisa Godfrey, a duly authorized representative of The
Bayshore Sun, a semi-weekly newspaper published and generally
distributed in the City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was published in
The yshore Sun dated ..5 - ;; -() '7
Cnizens
shing to address the Sworn
Juncil pro or con
ring the public hear-
1 will be required to
In in before the
leting is convened.
and subscribed before me this
,2007.
,/3^cl
day of
CITY OF LA PORTE ' I I} DIlL 1...
Martha Gillett,
TRMC, CMC ~ [
City Secretary
'~rOlyn Kello
quorum of City N P bl'
uncil members may otary u IC
pres~nt an? pa'!ici- Harr,'s County Texas
'e In diSCUSSIons ,
1ng this meeting,
-vever, no action will
taken by Council.
_...;;':~"~:!f':-!"""""'~~':":.;:
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KAROLYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
:;
. :J
- 'lflO";!..~.."""',r,""'!"'~
s facility has dis- My Commission Exprires April 11, 2010
fity accommoda-
IS available. Re-
'sts for accommo-
ions or interpretive
vices at meetings
'uld be made 48
'rs prior to the
~ting. Please con-
the, City Secre-
"s office at (281)
-5020 or TOO Line
i) 471-5030 for fur-
, infnrmatiJ"\n
-"V,U'lBn.,
...~ '. J.:J
StatTReport
April 19, 2007
Zone Change Request #R 07-003
ReQuested by: Horace Leopard, Owner's agent
Reouested for: 1.3 ac out of8.2628 acres ofland, East Y2 ofTR 718, 719 LaPorte Outlots
Location: 9800 Block ofFainnont Parkway
Present Zonin~: Planned Unit Development (P.UD)
Reouested Zonin2: Neighborhood Commercial (NC)
Back9l"ound: The property in question is approximately 8.2628-acre tract described as east
Y2 ofTR 718, TR 719, and adjoining street out of La Porte Outlots, W.B.
Lawrence Subdivision, out of the William M. Jones Survey, Abstract 482,
City of La Porte, Harris County, Texas. The undeveloped tract is just south
of Caniff Road at the northwest corner of Underwood Road and Fairmont
Parkway. The property is strategically located in the vicinity of mixed-use
developments, i.e. single-family residential districts, apartment complex,
church, neighborhood connnercial establishments, and the Bayport Industrial
District of La Porte to the south ofFairmont Parkway.
In 2001, the owner of the property (Sunnner Winds, LLC) requested to
rezone the entire property from Neighborhood Commercial (NC) to Planned
Unit Development (PUD) in anticipation of development of an office park
there. The project was never submitted to the City for consideration.
Recently, the representative from the Methodist Retirement Communities
met with Staff to discuss their futme plans for the subject property. The
company has purchased the tract (only 7 acres) to develop a nursing home
and a future senior assisted living facility. As the proposed development
within the PUD zoning district requires a Special Conditional Use Permit,
the Connnission reconnnended approval of the SCUP at the March 15,2007,
meeting.
The remainder 1.3 acres tract is zoned PUD. Section 106-699 of the Code of
Ordinances requires that the tract for which a PUD commercial project is
proposed shall contain not less than five acres. The applicant is requesting
the rezone of this 1.3 acre tract from PUD to Neighborhood Commercial
(NC) for commercial and other retail businesses. The applicant is seeking
this rezoning as a means to market the property towards fast food restaurant
and commercial businesses.
#R 07-003
P&Z 4/19/07
Page 2 on
Analvsis:
The neighborhood commercial classification is intended to provide for the
establishment of local centers for convenient, limited office retail or service
outlines which deal directly with the customer for whom the goods or
services are furnished These centers are to provide services and goods only
for the sWTounding neighborhoods and are not intended to draw customers
from the other geographic areas.
Some of the uses allowed in a Neighborhood Commercial District:
Antique stores Hardware stores
Doctors and dentists offices Parking Garages and Ramps
Drugstores Personal services
Eating places Professional offices
Financial Recreational facilities
Relationship to the Comprehensive Plan needs to be emphasized as much as
possible. In considering this request, Staff has reviewed the applicable
chapters of the Comprehensive Plan. These chapters include; land use,
transportation, utilities, and redevelopment strategy.
Land Use - The Land Use Plan indicates this area envisioned as developing
for connnercial uses along Fairmont Parkway. The tract in question is
within the vicinity of residentiallconnnercial establishments all along the
major roads.
Confonnance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying an
application. Other criteria may include:
. Character of the sWTOunding 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;
#R 07-003
P&Z 4/19/07
Page 3 00
Conclusion!
Recommendation:
· Extent to which the proposed use designation would pennit 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 - Being located at the corner of Fairmont Parkway, a semi-
controlled access highway and UndetWood Road, a primary arterial road,
this provides more than adequate accessibility for circulation of traffic and
can easily accommodate the traffic generated by the proposed uses.
The private street off UndetWood Road, serving the proposed fast food
restaurant, shall be designed and constructed in conformance with the City
Standards. Since traffic movement is the primary function of these arterial
roadways, access management at this intersection would be essential.
Driveways connecting directly onto these roadways should be minimized to
avoid traffic congestion and other delays caused by turning movements for
vehicles entering and exiting driveways.
Utilities - Public facilities and services are sufficient to handle the supply of
potable water and fire protection in the area Provisions must be made to
ensure that sufficient utility extensions can be made to serve this
development. Storm water drainage issue will be reviewed with the
individual site development.
Based on the above issues, staff finds the requested change confonns to the
zoning and uses of nearby properties. The tract in question is suitable for the
requested change to NC making an environment conducive for business
development. Development within the subject tract should not negatively
impact the surrounding properties and should not harm the value of nearby
properties. It would not have a significant impact on traffic conditions in the
area and utilities would not be affected.
Actions available to the Commission are listed below:
· Recommend to COWlcil approval of this rezoning request, from
Planned Unit Development (PUD) to Neighborhood Conunercial
(NC).
· Recommend to Council denial of this rezoning request from Planned
Unit Development (PUD) to Neighborhood Connnercial (NC).
· Table this item for further consideration by the Conmission.
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