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
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