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HomeMy WebLinkAboutO-2007-1501-T5 R07-002 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Mav 21. 2007 AoorOQriation: Requested By: Wa~ne S~ Source of Funds: N/A Department: Plannin2 ACCOIUlt Number: ~ Reoort: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: Amount Requested: ~ Ordinance p & Z Staff Report Aerial/Zoning Map Budgeted IteDl: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Connnission, during its Apnl 19, 2007, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R07-002. The applicant. Troy Tankersley c/o Petro-Chern Refrigeration. Inc., seeks to have lots 5 and 6, Block 1, Spencer Highway Estates, La Porte, Harris County, rezoned from Low Density Residential (R -1) to General Cormnercial (GC). The property is located at 9109 Montgomery Lane and is adjacent to two other lots fronting Spencer Highway zoned General Connnercial. The applicant intends to remodel the existing building and make general site improvements. The tract in question is occupied by a pre-existing non-conforming building (approximately 1500 sq. ft. in size) used as a contractor's office. The facility was constructed prior to 1983. when the Spencer Highway Estates was alUlexed into the City of La Porte. At the time of annexation. the property in question was assigned a zoning classification of Low Density Residential (R-l). This was done under the provisions of Ordinance 780 in effect at that time. On January 26, 1987, the property on lots 2, 3 and 4, block 1 facing Spencer Highway was zoned general commercial as a part of the comprehensive rezoning of La Porte in conjunction with the City's present Zoning Ordinance No. 1501, thereby assigning the applicant's property a split zoning classification, Staff has reviewed the applicant's request and found it to be reasonable. The tract in question is suited for the requested zoning. With the adjoining conunercial lots facing Spencer Highway, the use should be compatible with the character of the SWTounding and adjacent areas and make the zoning "more conforming". The underlying land use and development pattern also conforms to the intended use. The development within the subject tract should not negatively inl>act the sWTounding properties and should not harm the value of the nearby properties. As required by Ordinance. twelve notices of the public hearing were mailed to property owners within 200' of the subject site. No response was received in this regard The Planning and Zoning Connnission, by unanimous vote, has recommended to Council, approval of Rezone Request #R07 -002. f\ction Required bv Council: 1. Conduct public hearing. 2. Consider taking action on a recormnendation by the Planning and Zoning Connnission to approve Rezone Request #R07-002, rezoning the referenced property from Low-Density Residential (R -1) to General Commercial (GC). ORDINANCE NO. 1501- TS 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 GENERAL COMMERCIAL AS REQUESTED FOR THE PROPERTY DESCRIBED AS 0.65 ACRE PARCEL OF LAND DESCIRIBED AS LOTS 5 AND 6, BLOCK 1, SPENCER HIGHWAY ESTATES 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 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 "B", 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 ORDINANCE NO. 1501~ 15- Page 2 copy of which letter is attached hereto as Exhibit "C" I incorporated by reference herein and made a part hereof for all purposes. "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 from Low Density Residential (R-1) to General Commercial {GC)." The description of said parcels of land rezoned is as follows, to-wit. "0.65 acre parcel of land, described as Lots 5 and 6, Block 1, Spencer Highway Estates, W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas". "Section 7. The City Council of the City of La Porte hereby finds, detennines, and declares that all prerequisites of law have been satisfied and hereby detennines and declares that the amendments to the City of La Porte Zoning Map and Classification ORDINANCE NO. 1501-ii: Page 3 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. "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 Govemment 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 '--11'11 ,2007. ATTEST: . IjjfJ BY.~~ r4l. MAR HA. GILLETT, City Secretary CITY OF LA PORTE BY:~t,?~ ALTON PORTER, Mayor R07 -002 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 Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R07-002, for a 0.65 acre (28,620 sq. ft.) parcel of land described as lots 5 & 6, block 1, Spencer Highway Estates, Harris County Map Records GF 604602-P, La Porte, Harris County, Texas. Ken McGuyer, the property owner, through Troy Tankersley (agent) is seeking a rezone from Low-Density Residential (R-1) to General Connnercial (GC) to make the property more conforming and to expand existing business (Petro-Chern Refrigeration, Inc.) located at 9102 Spencer Highway. 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 during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha(rtllett,T~C,CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, hO'Wever, 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) 471-5030for further information. ilHl~n'A R07 -002 ~ ~ 820 S. 8th Street I Porte, Texas nS71 281-471-1234 Fax 281-471-5763 THE STATE OF TEXAS ::OUNTY OF HARRIS ::ITY OF LA PORTE , NOTI~E ".f,~~BUC fh e B '. "'ith"h~:iiS~~O~~~:~~ t '., .""" " ion' ~,,' o'the Code Sen'lng Tile )f Ordinan of the City )f La Porte, and the provi- lions of ,the Texas Local 30vernment Code, notice "','ty of La Porte s hereby given that the La .J )orte Planning and Zoning ~ounty of Harris ;ommission will conduct a )u/;llicti~aring at 6:00,tate of Texas ),M~oqHthe 19th day of ~prn,2007, in the Council ~hambers of the City Hall, ~ ' f th d' d th 'ty th' d t d ;04 West FairmontPark- ~ ore me, e un erslgne au on , on IS a e came an ~~~'p~~oS=o:,e;hisTh~~t \)peared Lisa Godfrey, a duly authorized representative of The 19 is'to consider Rezone ,ayshore Sun a semi-weekly newspaper published and generally lequest #R07-Q02, for ai' 1.65 acre (28,620 sq~ ft.)lstributed in the City of La Porte, Harris County, Texas and who .areAI of land described ' . '. . neetingls conven'9"07-"-lfter being duly sworn, swears the attached notice was published In rhe Bayshore Sun dated 1- I '. 0'1 CITY OF LA PORTE Martha G;U.., r1i, n J J ~OIA 1~~~:U~ld~ ~ 7embers may be presentjsa Godfrey nd participate , in discus- ions during this meeting, owever, no action will be lken by Council. "his facility has disability ccommodations avail- ble. f!equests :or acco?1-;worn and subscribed before me this IOd, at""" 0' ,nm",,,,,.. t. J'Ja grvices at meetings V /" ,2007. 'Jould be made 48 hours ) rior to the meeting., A I.... .conlad the City ~ ' , ecretwy's office at (281) , i /I ".. ;1, ' " 71-502'0 or TOO Line' v/ 7 " , , ",) 471"'030 10' runl,., j 'I-. 1~", ~~ formation. I / ~rolyn Kellogg , /Notary Public Harris County, Texas ~.4.c/ J day of ...... ;: \,,It.t;U,,,, ;,,;~ iitt~.~d 11 ..1,>'f....<~~ !i{ , "5ft",, KAAOL YN KalOGG MY COMMISSION EXPIRES APril 11. 2010 My Commission Exprires Apri/11, 2010 ~I$n City of La Porte Established 1892 April 30, 2007 Honorable Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R07 -002 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 -002. The subject property is located at 9109 Montgomery Lane, further descnbed as Lots 5 & 6, Spencer Highway Estates, La Porte, Harris County, Texas. The applicant seeks to have the above property rezoned from Low Density Residential (R-l) to General Commercial (GC) for unifying the property as a commercial reserve for the Petro-Chern Refrigeration, Inc. at 9102 Spencer Highway. The Planning and Zoning Commission, by a unanimous vote, has recommended approval of the above rezone request. Respectfully submitted, Et~, Chairperson, Planning and Zoning Commission c: John Joerns, Acting City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission r~H- H~t"f C ;~,. '~~~.~ . ' 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 R07 -002 tHE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBUC 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 Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R07-002, for a 0.65 acre (28,620 sq. ft.) parcel of land described as lots 5 & 6, block 1, Spencer Highway Estates, Harris County Map Records GF 604602-P, La Porte, Harris County, Texas. Ken McGuyer, the property owner, through Troy Tankersley (agent) is seeking a rezone from Low-Density Residential (R-l) to General Connnercial (GC) to make the property more conforming and to expand existing business (Petro-Chern Refrigeration, Inc.) located at 9102 Spencer Highway. 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 Connnission. Citizens wishing to address the Commission 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, 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. ,;~lBn~ .D R07-002 '- -<> THE .. STATE TEXAS COUNTY OF HARRIS CITY OF LA PORTE OF 820 S. 8th Street .a Porte, Texas 77571 281-471-1234 Fax 281-471-5763 NOTI~~:'~B::_ The B dance with the provi. sions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Govern- . ment, Code, notice is City of La Porte hereby given that the """ f H . La Porte City Council .Jaunty 0 arns will conduct a public ,....t t f T hearing at 6:00 P.M.::> a e 0 exas on the 21 st day of May, 2007, in the Council Chambers of 3efore me the undersigned authority on this date came and the City Hall, 604' , West Fairmont Park- lppeared Lisa Godfrey, a duly authorized representative of The way La Porte, Texas. ) h S . kl bl' h d d II The' purpose of this lays ore un, a semI-wee y newspaper pu IS e an genera y hearing is to consider I' 'b t' d' h C'ty f L P rt H . C ty T d h Rezone Request ,1stn u e In tel ' 0 a 0 e, arns oun , exas an w 0 #R07-002, 'for a 0.65 fter being duly sworn swears the attached notice was published in acre (28,620 sq. ft.)' , parcel of land de- "he ayshore Sun dated S- _ ,Q - 0 ,., scribed as lots 5 & 6, -.L block 1, Spencer High- way Estates, Harris County Map Records GF 604602-P, La Porte, Harris County, Texas. Ken McGuyer, the property owner, through Troy. Tank- isa Godfrey ersley (agent) IS seek- ing a rezone from Low-Density Residen- tial (R-1) to General Commercial (GC) to make the property more conforming and to expand existing business (Petro-Chem d Refrigeration, Inc.) 10- ,worn an :;,.t~-- 9~'02' S,':: -1/- meetin ,.~ Ie reI City CoukC, w follow the public hea g for the purpose of acting upon the public hear- ing items and to con- arolyn Kellogg duct other matters per- taining to the Council. otary Public Citizens arris County, Texas wishing to address the Council , pro or con during the public hear- ing will be required to sign. i~ before the y Commission Exprires April 11, 2010 meeting IS convened. subscribed before me this ,2007. 3Ad" day of ,"':A~ff"" l~N'''f~ =*. .':*; \~. ..~j ..7.......>t>:.... ..,1"Pft.~~... ~ .- "'~"'\'.~.ul~ i KAROlYN KElLOGG MY COMMISSION EXPIRES Aplj 11, 2010 CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members, may be present and partici- pate in discussions -1....4__ aIHlBff ~ StatTReport April 19, 2007 Zone Change Request #R 07-002 Reouested bv: Troy Tankersley, Owner's agent Reouested for: Lots 5 and 6, Block 1, Spencer Highway Estates Location: 9109 Montgomery Lane Present Zonin2: Low Density Residential (R-1) Reauested Zonin2: General Conunercial (GC) Back2round: The property described above is CWTently zoned R-1 (Low Density Residential). The applicant also owns lots 2 thru 4, block 1, Spencer Highway Estates facing Spencer Highway, zoned General Commercial (Exhibit A). The tract in question is occupied by a pre-existing non- conforming structure and storage used as special trade contractor's office. This facility was constructed prior to November 29, 1971. This is the date when Spencer Highway Estates (Spenwick Place) was taken into the City of La Porte (Ordinance 905). At the time of annexation, the property in question was assigned a zoning classification of R-1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. On January 26, 1987, as part of the comprehensive rezoning of La Porte, the property on lots 2, 3, and 4, block 1 facing Spencer Highway was zoned general conunercial. The comprehensive rezoning was in conjunction with the adoption of the City's present Zoning Ordinance (Chapter 106) of the Code of Ordinances and as an element of La Porte's Comprehensive Plan. AnalYSis: The pmpose for requesting the rezone is to allow addition to the building, improving the site in general, and consolidate the property with a single zoning designation The facility has operated as a nonconfonning structure since annexation. The applicant is seeking this rezoning as a means to alleviate a degree of nonconformity. If granted, this rezoning would render the building a conforming use in the general conunercial zone but the structure will remain non-conforming. Zoning Board of Adjustment (ZBOA) action may address the non-conforming structure. In considering this request, Staff reviewed the following elements of the Comprehensive Plan: #R 07-002 P&Z 4/19/07 Page 2 on Land Use - The City's Land Use Plan indicates this area developing with commercial uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria's to be considered in approving or denying a rezoning 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 pennissible, 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. The best use review option by the applicant reveals that the subject site would be better served by the proposed rezone, which would blend into an existing use of property to the north. In addition, the applicant's existing business/operation is adjacent to this property along Spencer Highway. Transportation - The tract in question will have primary access along Spencer Highway. An arterial with a 100' right-of-way may acconnnodate the additional traffic generated by any additional development. The subject tract has an access along Montgomery Lane, a local residential street, where traffic shall be restricted for employees only. No 1ruck circulation or any shipping/receiving operations shall be permitted to this end due to the adjacent residential district. Landscaping/screening techniques shall be adopted for buffering residential properties in the rear. UtiJities - Public facilities are available to the property and are sufficient to handle the supply of potable water and fire protection in the area. Storm water drainage will be reviewed with the development site plan submittal for the proposed development. On-site detention shall be required to minimize the drainage impact on the sWTOunding properties. #R 07-002 P&Z 4/19/07 Page 3 00 Conclusion! Recommendation: Staff, in reviewing the applicant's request, found it to be reasonable. The area in which the subject tract is located, based on the criteria established by the City's Comprehensive Plan, is suitable for either the present zoning or the requested general commercial Based on the above issues, staff finds the requested change confonns to the present zoning and uses of nearby properties. The tract in question is suitable for the requested change. Development within the subject tract should not negatively impact the swrounding 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: · Reconunend to Council approval of this rezoning request, from Low- Density Residential (R-l) to General Commercial (GC). · Reconunend to Council denial of this rezoning request from Low- Density Residential (R-l) to General Connnercial (GC). · Table this item for finther consideration by the Connnission ,0 '0:: ,C( .' Z 0:: w CD N W+E