HomeMy WebLinkAboutO-2007-1501-U5 R07-001
16/1 7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 21. 2007
~By,Wav..~. ~
Department: Plannin2
Appropriation
Source of Funds:
N/A
N/A
N/A
N/A
N/A
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance
P & Z Staff Report
Aeria1lZoning Map
Public Notice Responses
Budgeted Item:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission. during their April 19, 2007, meeting, held a public hearing to receive citizen comments
regarding Rezone Request #R07-ool. The rezone request was submitted by Tom Cauthens (agent) for the City of La Porte (trustee)
for the property described as 4.53 acres. TR 33, Treatment Plant Site and 0.39 acre tract as lot 49, block 39, Fairmont Park West,
Section 5, William M. Jones Survey, A-482, La Porte., Harris County, Texas. The subject property (approx. 5 acres) is located to the
east ofWillmont Drive at Fairmont Parkway. Currently, the property is zoned Mediwn Density Residential (R-2).
As a part of the City's surplus properties, the subject tract was up for open public bid twice. Last year, the City did not receive any bids
for these particular tracts (4.53 acres and 0.39 ac.), which were listed for $288,000.00 and $30,000.00 respectively. Earlier this year,
Warwick Homes c/o Tom Cauthens successfully bid on the 4.53 acres tract. The subject property is under contract but not yet closed.
Recently, the applicant met with the staff and discussed his future plans for this proptrty. Subsequently, staff had a workshop with the
Planning and Zoning Commission at the February 15, 2007, meeting, about the possibility of a rezone. The Commission recommended
Neighborhood Commercial (NC). Ifrezoned, the property will be developed for commetciallretail purposes.
The property is in the vicinity of residential and commercial uses. A commercial study on La Porte has prompted the applicant to re-
evaluate development options and consider providing commerciallretail at this location. Commercial activities and sales tax
implications are to be favorably considered while reviewing this rezone request. In addition. the neighborhood commercial zoning
district allows the following uses; antique stores, doctors and dentists offices, drug stores, eating places, hardware store, professional
offices etc. HoteVmotel is not a permitted use in NC zoning district The tract in question is suitable for commercial classification and
will provide for the establishment of local centers for convenient, limited office retail or services for the residents of abutting
neighborhoods.
Due to adjoining residential uses, increased building setback would provide adequate buffer and open space to minimize any adverse
effects of commercial activities on adjacent residential development Landscaping/screening mechanism shall be applicable to
minimize any noise impact to the abutting residential uses. In addition. ordinances require that parking lot lighting must be arranged
so as to deflect lights away from any adjoining residential zone or from public right.of-way, in compliance wi1h Section 1060521(a) of
the Code of Ordinances.
As required by Ordinance, thirty-one notices of public hearing were mailed to property owners within 200' of the subject site. The
City received two responses opposing the rezone request and none favoring. The Planning and Zoning Commission, by a unanimous
vote, has recommended to Council, approval of Rezone Request #R07-OOL
Action Required bv CouncH:
1. Conduct public hearing.
2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #R07-oo1,
rezoning the property from Medium Density Residential (R-2) to Neighborhood Commercial (NC).
roved for Ci ouncil enda
.5' .b;~ '?
Date I
ORDINANCE NO. 1501-jd"
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 MEDIUM
DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, AS REQUESTED FOR 4.53
ACRES OF LAND MORE OR LESS, AND 0.39 ACRE TRACT LOCATED IN THE WILLIAM M.
JONES SURVEY, ABSTRACT 482, FURTHER DESCRIBED AS TR 33, TREATMENT PLANT
SITE AND LOT 49, BLOCK 39, FAlRMONT PARK WEST, SECTION FIVE, RESPECTIVELY,
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, determines
and declares that heretofore, t<rwit. 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 Orclinance 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 proper1y 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
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-lL5'
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 "D",
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 liE", 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:
4.53 acres of land, described as TR 33, Treatment Plant Site, and 0.39 acre
reserve, described as Lot 49, Block 39, Fairmont Park West, Section 5, W. M. Jones
Survey, Abstract 482, LA Porte, Harris County, Texas, changed from Medium Density
Residential (R-2) 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-~
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.
'") I
Passed and approved this the c7'\
day of '-fn~ .2007<
CITY OF LA PORTE
By: lk~7~
ALTON PORTER, Mayor
ATTEST:
B~ ~~ ~ll
MARTH GILLETT, ity Secretary
APP~ .
By: (Ar:~
CLARK ASKINS, Assistant City Attorney
R07-OO1
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 Fainnont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Rezone Request #R07-001, for a 4.53 acre
parcel of land descnbed as TR 33, Treatment Plant Site, W. M. Jones Survey, Abstract 482, La
Porte, Harris Cowrty, Texas. City of La Porte, the property owner, through Tom Cauthen (agent)
seeks to have this property rezoned from Medimn Density Residential (R-2) to Neighborhood
Commercial (NC) for commerciaVretail purposes. In addition, the City of La Porte is seeking a
zone change from Medimn Density Residential (R-2) to Neighborhood Commercial (NC) for the
adjacent property on 3927 Willmont Drive, descnDed as a 0.38 acre reserve, block 39, Fainnont
Park West, Section 5, to be consistent with the said zoning district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing itetm and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Connnission 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, ho-wever, no
action will be taken by Council.
This facility has disability accommodations available, Requests for accommodations or interpretive se1i'ices 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 infonnation.
~IBn 1-\
R07-001
,..... 7"
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
820 S. 8th Street
I Porte, Texas 77571
281-471-1234
Fax 281-471-5763
NOTI~~~~~BUC fhe B
In accordance
with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Government Code, notice ,'t f L P
is hereby given that the La" y 0 a orte
Porte ~Ia~ning,and Zoning ounty of Harris
CommiSSion will conduct a
public hearing at 6:00 tate of Texas
P.M. on the 19th day of
April, 2007, in the Council
Chambers of the City Hall,
604 West FairmontPark- efore me, the undersigned authority, on this date came and
way, La Porte, Texas, d L' G df d I h' d. t t' f Th
The purpose of this hear- c>peare Isa 0 rey, a u y aut onze represen a Ive 0 e
ing is to consider Rezone ayshore Sun a semi-weekly newspaper published and generally
Request #R07-001, for a ,
4.53 acre p~rcel of land stributed in the City of La Porte Harris County Texas and who
described as TR 33, "
Treatment Plant Site, W, ter being duly sworn swears the attached notice was published in
M. Jones Survey, Abstract '"
482, La Porte, Harris 1e yshore Sun dated .:./ - I ~ 0"7
County,Texas..City of La
Porte, ,the property owner,
through TOm Cauthen
(agent) seekS to have this
property rezoned from Me-
dium Density Residential
(R-2) to, Neighborhood
Comme 'al (NC) for com-
mercial/r iI purposes, In sa Godfrey
addition, e City ,of La
port~'s el a zone
cha r" ium Den-
Sity'. 'd i . (R-2) to
Neighborho Commer-
cial (NC) for he adjacent
property on 3927 Willmont
Drive, described as a 0.38
acre reserve, block 39,
Fairmont Park West, Sec-
tion 5, to be consistent
with the said zoning dis-
trict.
re Sun
'orn and subscribed before me this
,2007.
.-?tr~
\.::)
day of
',. . - "..,. ..-~ I
'A .1 regUliif'meet-'
ing of the Planning and
Zoning Commission. will
follow the public hearing
for the purpose of acting rolyn Kellogg
upon the public hearing .
items and to conduct other tary Public
matter~ ~ertaining to the rris County Texas
Commission. ' ,
KAROLYN KEllOGG
MY COMMISSION EXPIRES
April 11, 2010
~.~
'I Q~~:}
j v~""'~'
i. ",,9ft,I"
..~~ .
Citizens wishing
to address the Commis-
sion pro or con during the
Public Hearing will be re-
quired to sign in before the
meeting is convened.
Commission Exprires April 11, 2010
CITY OF LA PORTE
Martha Gillett,
TRMC, CMC
City Secretary
'.'9rl' "t,~~,
. J.V
City of La Porte
Established 1892
April 30, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R07 -001
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 #R07-001. The subject property is 10cated
along Fairmont Parkway at Willmont Drive, further described as 4.53 acres, TR 33,
Treatment Plant Site and 0.39 acre as Lot 49, Block 39, Fairmont Park West, Section 5,
W.M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. Tom Cauthens
(agent) for the City of La Porte (trustee) seeks to have the above property rezoned from
Medium Density Residential (R-2) to Neighborhood Connnercial (NC) for
retaillconnnercial activities.
The Planning and Zoning Commission, by a unanimous vote, has reconnnended approval
of the above rezone request.
~~~t:~
Pat MUa!/tl/({n
Chairperson, Planning and Zoning Commission
c: John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Connnission
IXHH3rr C
604 W. Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020
R07"()()l
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 #R07-001, for a 4.53 acre parcel of land described as
TR 33, Treatment Plant Site, W. M. Jones Survey, Abstract 482, La Porte, Hanis County, Texas.
City of La Porte, the property owner, through Tom Cauthen (agent) seeks to have this property
rezoned from Medium Density Residential (R-2) to Neighborhood Commercial (NC) for
commercial/retail purposes. In addition, the City of La Porte is seeking a zone change from
Medium Density Residential (R-2) to Neighborhood Commercial (NC) for the adjacent property on
3927 Willmont Drive, described as a 0.38 acre reserve, block 39, Fairmont Park West, Section 5, to
be consistent with the said zoning district.
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 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 iriformation.
'~t$rr J
In accor-
lance with the provi-
ions of Section
06-171 of the Code
,f Ordinances of the'
:ity of La Porte, and;
1e provisions of the r
'exas L Govem~,'
~~~~,,~Cod e ,!,.'ce ,~. i:.
a P i1 , ncil'"
liII u ublic
earing,. 0 . P.M.
n the 21st ay of:-
lay, , 2007h, b.... theft- Before me, the undersigned authority, on this date came and
:Ouncll C am "s 0 l-
Ie City Hall, 604\- appeared Lisa Godfrey, a duly authorized representative of The
lest Fairmont Park- ~ . .
'ay, La Porte, Texas. s Bayshore Sun, a semI-weekly newspaper published and generally
~:rintUrs~o 6~ns:~~~distributed in the City of La Porte, Harris County, Texas and who
~~~~~1, . for :eq~~~:~ :lfter being duly sworn, swears the attached notice was published in
:r~ parcel of land de- 'j rhe ayshore Sun dated ,~ -d -0 ~)
:nbed as TR 33, e ~
reatment Plant Site, ,-
I. M. Jones Survey,
bstract 482, La
orte, Harris. County,
3xas, City of La
orte, the property
rmer, through Tom
authen (agent) seeks
have ,this property
zoned from Medium
ensity Residential
1-2) , to Neighborhood
ommercial (NC) for
ImmerciaVretail pur-
lSes, In addition, the
ty of La Porte is
:~~ fro~ M~~r;;: Sworn and subscribed before me this
,"">' -" "J71a;-;- 2007.
-2) to Neighborhood ")'
)mmercial (NC) for
3 adjacent property
I 3927., Willmont Ct
Ive, described as a , 1_
38 acre reserve, v
JCk 39, Fairmont
Irk West, Section 5,
be ,consist~nt w!th . arolyn Kello g
l said zoning dls-
:to Notary Public
A regular Harris County, Texas
leting of the City
,uncil will follow the
blic hearing for' the
rpos&of acting
My Commission Exprires April 11, 2010
'l07-oo1
1:'..
rHE STATE
rEXAS
~OUNTY OF HARRIS
~ITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
OF 820 S. 8th Street
La Porte, Texas 77571
281-471-1234
Fax 281-471-5763
Th.P..,. B..PP'...
e
re Sun
City of La Porte
County of Harris
State of Texas
"
f'.. crt
3
day of
./"-
r- ,.,.."..,
~ l~~'it.'\~~~
l~. ..;}
. "7~'"",,'l'..'
,.,. I""p'~,~"'''
..",y
h......:..~~~~~_..
KAROLYN KELLOGG
MY COMMISSION EXPIRES
Apri/11,2010
f ~,
I
"
-'~~.:,,~~.-~,~
<<XHlr;lll 6
StatJReport
April 19, 2007
Zone Change Request #R07-OO1
Reauested by:
Reauested for:
Lotadon:
Present ZoniD!~:
TomCauthens, Agent on behalf of City of La Porte, Trustee
Approximately 5 acres of land located in the William M. Jones Survey,
Abstract No. 482 and further descnbed as 4.53 acres, Tract 33, Treatment
Plant Site and 0.39 acre as Lot 49, Block 39, Fairmont Park West, Section 5,
La Porte, Harris County, Texas.
Fairmont Parkway at Willmont Drive
Medium Density Residential (R-2)
Reauested Zonin2: Neighborhood Commercial (NC)
Surroundin2 Zonin2:
Back2round:
North - Low Density Residential (R-l)
South - Fainnont Parkway
East - Low Density Residential (R-l)
West - Low Density Residential (R-l) & Medium Density Residential (R-2)
Approximately 5 acres of undeveloped land is located at the northeast comer
of Fainnont Parkway at Willmont Drive, a primary access to Fainnont Park
West Subdivision. The subject property is adjacent to Big Island Slough to
the east and Fainnont Park West to the north and west. The property is
owned by the City of La Porte. This property was the old treatment plant
site with pump station located adjacent to the Big Island Slough. Later on,
the property was considered as a potential site for the future Police
Department building. The new Police department building is cWTently under
construction along Spencer Highway at North 23m Street. The subject tract
was included in surplus property sale.
Last year, the City did not receive any bids for these particular tracts (4.53
acres and 0.39 ac.), which were listed for $288,000.00 and $30,000.00
respectively. Earlier this year, Warwick Homes clo Tom Cauthens
successfully bid on the 4.53 acres tract. The subject property is under
contract but not closed as of date. Recently, the applicant met with the staff
and discussed his futme plans for this property. Subsequently, staff had a
workshop with the Connnission at the February 15,2007, meeting, for the
possibility of a rezone. The Conunission recommended Neighborhood
Connnercial (NC). If rezoned, the property will be developed for
connnerciaVretail purposes.
#R 07-001
P&Z 4/19/07
Page 2 of4
The subject tract has 725 feet of frontage along Fairmont Parkway and 300
feet deep to the north. The property is located approximately 120 feet east of
the intersection of Fairmont Parkway at Willmont Drive. The City is also
including lot 49, block 39, Fairmont Park West, to be consistent with the
requested zoning. This tract will serve as a secondary access along Willmont
Drive. The property in question is also in the vicinity of single-family
residential, elementary schoo~ 150' wide HCFCD channel and commercial
businesses near Fanington Boulevard. C1.DTently, Bayport North Industrial
Park IT, just south of Fairmont Parkway, is under construction at this
intersection.
The applicant seeks to rezone the property from Medium Density Residential
(R-2) to Neighborhood Commercial (NC) for commercial/retail pW"pOses.
The neighborhood cormnercial 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 s1.DTounding 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 Misc. retail/shopping
Drugstores
Personal services
Eating places
Professional offices
Financial
Recreational facilities
Analvsis:
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as mid to high density residential, however, commercial uses
especially retaillbusiness remains an important source of revenue to the
City. Land uses along major thoroughfares indicate that the area is intended
for commercial developments. The City has been consistent in providing
conunercial uses along major roads within the City limits. However, the
following aspects shall be considered for a rezone request:
#R 07-001
P&Z 4/19/07
Page 3 of4
. Ability of infrastructure to support the permitted use
· Impact on the value and practicality of the sWTounding land uses
· Conformance of a zoning request with the land use plan
· Character of the SWTOunding and adjacent areas
· Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services
. The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road
. The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
hann to adjacent properties
· The gain, if any, to the public health, safety, and welfare of the City
Transportation - The tract in question will have an access along Fainnont
Parkway. A semi-controlled access highway with a 200' right-of-way may
accommodate the additional traffic generated by future commercial
developments. However, controlled access management techniques shall be
adopted, e.g. limited number of driveways and posting of signs to avoid any
traffic conflict. A traffic impact analysis study shall be required for
proposed developments at this intersection. Bayport North Industrial Park IT
and signalized intersection at Willmont will have a positive impact on the
futw"e developments and flow of traffic at this intersection.
Utilities - 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
proposed development. On-site detention shall be required to minimize the
drainage impact on the SWTOunding properties. Drainage/detention system
will outfall directly into the Big Island Slough.
Eronomic Development - One of the aspects of the Comprehensive Plan is
to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging
in-fill development within existing infrastructure service areas. Connnercial,
retail, and service activities should be clustered throughout the City and be
convenient to residential areas. In addition, connnercial activities should be
concentrated in nodes along major thoroughfares and intersections, such as
the proposed location at the intersection of Fairmont Parkway and Willmont
Drive.
#R 07-001
P&Z 4/19/07
Page 4 of4
Conclusion I
Recommendation:
The above analysis and 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 east across the channel
and nearby Farrington Boulevard In addition, the proposed connnercial
development shall be restricted for number of driveways pennitted as
compared to the number of driveways required for mid to high density
residential developments.
Staff finds the requested change conforms to the abutting zoning and is
suitable for the requested change to Neighborhood Connnercial, allowing
conunerciaVretail development. In addition, development within the subject
tract should not negatively impact the sWTounding properties nor harm the
value of nearby properties. The zone change should not have a significant
impact on traffic conditions in the area and utilities may support future
developments.
Actions available to the Commission are listed below:
. Recommend to COlUlcil approval of this rezoning request, from
Medium Density Residential (R-2) to Neighborhood Cotmnercial
(NC).
. Recommend to Council denial of this rezoning request from Medium
Density Residential (R-2) to Neighborhood Connnercial (NC).
. Table this item for further consideration by the Connnission.
~~"
~OC
s""c
~u
~QR-07 -001
~oc~
s~~"*"*
RUSTIC ROCK' N
W+E
s
~
~
~" ~
O~ ~
~ ~O"*\; ~ Q~
~OC ~O~
~ C,,*pS
~
\
~
~
~
16
~
~
~
~
r:r:
c
~
r:r:
w
m
w
tI)
o
r:r:
PARK
I
,
1
t
Ii 4Ppl..I:
~I:I: CIR
11
S APPLE TREE CIR
PARKWAY DR
A Meeting of the La Porte
APR 0 ~ 2007
Plann.inJ?: & Zo~ Commission
(Type of Meeting)
Scheduled for
April 19, 2007
(Date of Meeting)
to Consider
Rezone Request (#R07-001)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
1) t:> \J "1 \..)AfJ --\ 'IS ~ \..~ t. ~ "^ "'(
?(2..r(6. I..~ '\ - "'5> ~ ,
)..<~N 5,c ~A \ \
Name (please print)
~ _ )-\-~ ~ J--...
Sign e
"".9 l>\I. L~~I
Address
~.. f ...-\- -co ~
City, State, Zip
1151 J
A Meeting of the La Porte
Pl~ & Zonin~ Commission
(Type of Meeting)
Scheduled for
April 19, 2007
(Date of Meeting)
to Consider
Rezone Request (#R07-001)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
~::' J.':' 1" Xl ,,. ;-'i~:' ("
.'r
t,.-. "
r. - c' ....
"'"' .,; ~. ;;to
r,..'
J:/-
o I
,,~ -'; ~
..",
.\ ft.-' -
, ".:/i
. i, (_' .-
.,... -
'_~}{~ ~;/) i.:
l -~.
,t 1-"'
J
, t
j J. ,/ '.-
. I ~ ,r; / l
"
-
(:_-~ .:) .it l~'~": .....
I J '-;
,
/,/ ,") (..'
/-,-," ~ ',<,,~. ,"
c
} ~ )-"
~r-:" .,
'r It" {'L !. l~ /,~~~ C
J "
{~;;
/:-' / ~- ~
'/',: " A ,"J ..
51-I b-RRJ-t- jJ 1-I~u:P .s
Name (please print)
AA p~ .fJA~
SJ.g!1ature
10 I d;} e 05 FA f-;2I2-P
Address
UJfJoU-cf rX 7757/
City, State, Zip
!~~@~DW~~
lJlJ APR 1 J 2007 W
By
City of La Porte
Interoffice Memorandum
From:
John Joerns, Interim City
To:
Mayor and City Council
Date:
May 21,2007
Subject:
City Council Agenda, May 21; Items 18 & 19
· After meeting with Knox and Clark last Thursday, I have fewer concerns than I had before about
the long term legal issues of a "public alley."
· However, if Council wishes to have input or (establish) this policy decision they may wish to
consider further direction tonight.
· First the Council'S package information is correct in that;
o Within a PUD, approvals can be given that deviate from the City's standards.
· The SCUP as presented tonight states that the alleys are proposed by the developer to be public
with either:
o the homeowners maintaining them or;
o the PID' s maintaining them
· This decision without input from Council tonight would be deferred to the future in one of several
ways:
o To possibly P&Z that meets tomorrow on the preliminary plat and later would meet to take
action on a fmal plat.
o This action would riot come back to City Council without Council requiring so in the SCUP
o And the City Attorney's Office, if the decision is to have the alley in the public domain,
wants special dedication language on the plat-which could be considered and approved by
P&z.
If Council prefers a policy that has the PID maintaining the alley, that is permissible only if it is dedicated
to the public. This would be a separate PID carve out.
In either case as the SCUP is written, the choice ofHOA or PID maintenance is deferred downstream to a
referenced "development agreement to be approved by the City." It's unclear as to who that authority is,
whether it is a staff member or .....?
If Council wishes to be that approving authority, this should also be placed in the SCUP.
The other related documents to be returned are in the same situation.
· Covenants and Restrictions
· Developers Agreement (none exists for the other sections of Lakes at Fairmont Greens)
I met with Mr. Sabo and Clark Askins this morning and Mr. Sabo will have some language for Council's
consideration regarding the SCUP.
JJ :cns