HomeMy WebLinkAboutO-2004-1501-LLL R04-002
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Nick Finan
Agenda Date Requested: April 26. 2004
Appropriation
Source of Funds:
N/A
N/A
Department: Plannin2
Account Number:
Report:
Resolution:
Ordinance: ..A.-
Amount Budgeted:
N/A
Exhibits:
Ordinance
Staff Report to P & Z
Memo to P&Z
Area Map
Zoning Map
Site Plan
Amount Requested:
N/A
SUMMARY & RECOMMENDATION
The owner, Transport Realty Inc., requested a zone change of the subject tracts from Medium Density
Residential (R-2) to High Density Residential (R-3) for proposed multi-family development. The property in
question comprises approximately 18.34 acres of land located along Canada Road. The said property is just
south of an existing, non-conforming warehouse building at 3337 Canada Road. Currently, the property is
zoned Medium-Density Residential (R-2), where single-family, duplexes, and townhouses are permitted uses.
Multi-family or more than four dwelling units, however, are prohibited as per new multi-family regulations.
Fair Mist Apartments, Ltd. made an application for the Housing Tax Credits with the Texas Department of
Housing and Community Affairs for the proposed Fair Mist Apartments on Canada Road. The new
development will be built in two phases. First phase comprises 100 units of2-story multi-family apartments on
9 acres, whereas, senior housing is proposed as future development on the remainder of the tracts.
The applicant's zone change request #R04-002 was presented to the Planning and Zoning Commission on
March 29,2004. The Commission held a public hearing to receive citizen's comments on the matter. By a
unanimous vote (6-0), the Commission forwarded recommendation to City Council to disapprove zone change
request #R04-002. The detailed analysis and memo to P&Z outlining concerns are attached.
City Council may affirm the Commission's recommendation to disapprove the zone change request. This
would be voting against the proposed ordinance and requires only a simple majority. City Council may
overrule the Commission's recommendation and approve the zone change request. This would be voting in
favor of the proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule).
Action ReQuired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for denial by P&Z for 18.34 acres ofland located in the 3300
block of Canada Road. The applicant, Transport Realty Inc., seeks to rezone the property from R-2 to R-3
for multi-family development.
Aooroved for City Council A2enda
4~;w -D+
Date
otO/()(j (l t! IJi 0 ;J DT
ORDINANCE NO. 1501-_ (Jit 55 'i/1o/tJY
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 HIGH DENSITY RESIDENTIAL REQUESTED BY TRANSPORT
REALTY, INC., THE OWNER OF THIS EIGHTEEN ACRE TRACT LOCATED IN THE 3000
BLOCK OF CANADA ROAD 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 29th day of March 2004, 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 March 29,2004, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated March 30, 2004, a
true copy of which letter is attached hereto as Exhibit "e", incorporated by reference
herein and made a part hereof for all purposes.
ORDINANCE NO. 1501-
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 26th day of April, 2004, 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. By an affirmative vote of at least three-fourths of the City Council
of the City of La Porte hereby rejects 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 reclassified from Medium Density Residential (R-2) to High Density Residential
(R-3). The description of said parcels of land is as follows, to-wit:
"TRS 692C, 693B, 706, and 707 (18.3473 ac), W. M. Jones Survey, A-482 , La Porte,
Harris County, Texas".
"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. 15U1-
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 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 April, 2004.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILL
OR-o;'Yltl nLf (JI'!)
II 01 fJl{ 55 L/jl It Itf
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission
will conduct a public hearing at 6:00 P.M. on the 24th day of March, 2004, 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 #R04-002, for the property located
along Canada Road. The property is further described as TRS 692C, 693B, 706, and 707
containing 18.3473 acres ofland out of La Porte Outlots, W. B. Lawrence Subdivision,
Volume 83, Page 344 of the H.C.D.R., William Jones Survey, Abstract No. 482, La
Porte, Harris County, Texas. The applicant, Transport Realty, Inc., seeks to have the
property in question rezoned from Mid Density Residential (R-2) to High Density
Residential (R-3). The purpose of the zone change request is to allow multi-family
development (two-story apartments) at site.
A regular meeting of the Planning and Zoning Commission 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
City Secretary
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 City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
EXHIBIT A.
in
2-
in
01 THE STATE OF TEXAS
Fi
Pi. COUNTY OF HARRIS
p\
c~ CITY OF LA PORTE
#1
101
RI NOTICE OF PUBLIC
th HEARING
6S
co
of In accordance with the
0, provisions in Section 106-
Sl 171 of the City of La
P~ Porte's Code of Ordinan-
W ces, notice is hereby given
stl that the La Porte Planning
HI and Zoning Commission
a, will conduct a public hear-
~~a~~i~\
change reQU:tA~l)ll'oWi
multi-family . development I
(t,wo-story .. apartments). atl
site,
~I\J
A regular meetingtlif1he
Planning and Zonin9'~-
mission will follow th~'p"b-;
lie hEwing for the piJrpose.
of acting upon the public
hearing · items and to con-
duct other matters pertain-
ing to the Commission.
, i
Citizens wishing to.. 'ad-
dressth.e Commission' pro
or con during the PW;llic
hearing will be required' to
sign in before the me~fing
is convened. "
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations or interpretive
services at meetings
should be made 48 hdurs
prior to the meetiJ'lg.
Please contact City Seere-
tary's office at (281) '471-
5020 or TOO Line (281)
471-5030 for further infor-
mation.
, treet
17571
'.".' '.-..... '.-:-:':"-"-',"'.'"
. . .,-.--- '" ",'"
..-.::...".-.....,-.,.,:.-:.-;...;.:..'-.-,.:'...
....,.,... ,....._.'.'...'-' -..
,_ ,.,."._,' 'C.,'" -,-'
.' - ,"-' ---, -' " .....
.:._......'.. ,",-...-.' ..........:.. ....
. -,' .'....-. : .-...........'
'. :... . ~...:.. .:-....:-..:.... ....'.:.:.':.. ':.".-':,: ".< :.....::-...:.-:'......'.' :...'::'.
.....~.,..:.....,.....'.'i...
~............'..................;....'......................,............................'...
.. .. -.." - ...
....._-'... ,. .' .._-,.....,....
'.." ..... .,.....
::.:.' :.' . .':' . ;:' . :,:', -: .-:, .)..~ , .: : -':" ,',::' '::> '; ':
:.:_<:" ' .:-<:>::::'_-,:'_<,:_.X'::>:-"/.
..........:.............:........... tk.."........:..........................:....
. ........ '.. .. . .-'- .. ........ ...
'. .." ....... ,. '''''',,'' , .... ..-.
./. <:': ::.'.:'":.: :..:::>'-:' ::: ~':<<<::: ;::_ ,:::;::~::<)y\:><<:i.,:,,:~(;:.:.::._),/.~:
......:....,...,.............;..1...';............,..................,
:-::: :<.-':.::::: '.:-;:.-,:..':, .'. ;,:.:::-:->:'_.:,:.: ::?::>:<:.:;.\.,:>~>.~..::;. :'.::.;::'::
."........ ' .-....,...... ,.'.. ....... ..............,.,.-....
8.........................................'..........,.......,..............................
;::'::.,:;,:;_ ':::;, :>_" :_::,:' <::: ::::-::>::: :).:..,:O:::X: ::::::::;':'.:;:;:::,::<'-:::'::::::\:":'::::-':;
.........."........"........'.....D.........'r
~....... ....
,.' .;-:-:-' ";'. -...-:-......
. .
... ...
. .
." ....
... ,. ,"
..;.'. .... .-',>. '/ . .~:;
:;: -.:.;::- '.;. :.: '..~..'
.. ,- ........
.. . ...,.....
.. ,', .' ,'.' .-. ......
.',' .'-'. ,'.' .'. .'.'.'
a.........s. ............ e
.. . ......
. ...., .. .-,......
'.... .-,' ........ ...y
..... .'.' -. .' -'.' '.. ',.
.. ...... ,'"
. .. ..
.-. ... .
.. .... .
.. ...
." ...... ..'
... ..-..... ..
.... ...... ". -......
........ . -" ." - .. . ......
'_...-._ ....c..;..'.-.... '_', ,.......,..........-............... ........,.........,.......-.,...
.... .......... ....,.,-.......-.-,....-.............'..,..........
~. . .... . ... ...... , .. '. '.' " .',.'
'.~. . -'....,:.:':.:.':,.:--; :.,.:-,.;.:.;-:;.;.:-;::,..:::-;,:-:...::.,:-:-: ..:.,.::....
".: :.: :.:: " ...., : -.' .:. -: :.;" ::'.-: :.: -:-:.:-:. :.:.:- -..:.;-: : '.~' :::.: :';':."" ..:.,
.. , . . . .. . ... .'--..- . ~ ..,
.. ... . -..,. - .,.., .... ....
'Serving The Bayshore Area Since 1947'
I
!
i
inigned authority, on this date
II :arolyn Kellogg, a duly authorized
;:; Bayshore Sun, a semi-weekly
d and generally distributed in the
I
(r s County, Texas and 'Nho
"( '. swears the attached notice was
hore Sun dated 0'3 /0'/ / D 1-
Karolyn Kellogg /
Authorized Representative
~c before me this I J- "It-! day of ~e
,t~~, ;i<-Y0~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
281-471-123-1
'ax: 281-471-5763
i~
\;:J un
. 2004-
'~'Brr fl
-if I
City of La Porte
Established 1892
March 30,2004
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R04-002
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its March 29, 2004,
meeting, held a public hearing to consider Rezone Request #R04-002. The
applicant, Transport Realty Inc., seeks to rezone 18.3473 acres of land located in
the 3000 Block of Canada Road, further described as TRS 692C, 693B, 706, and
707, La Porte Outlots, Abstract No. 482, William Jones Survey, La Porte, Harris
County, Texas. The owner seeks to have the property rezoned from Mid-Density
Residential (R-2) to High-Density Residential (R-3). The purpose of rezoning is to
allow multi-family development at this site.
The Planning and Zoning Commission, by unanimous vote (6-0), has
recommended denial of Rezone Request #R04-002.
Respectfully submitted,
~~~
Chairperson, Planning and Zoning Commission
604 w. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code
of Ordinances, notice is hereby given that the La Porte City Council will conduct a public
hearing at 6:00 P.M. on the 26th day of April, 2004, 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 #R04-002, for the property located in the 3000 block of Canada
Road. The property is further described as TRS 692C, 693B, 706, and 707 containing
18.3473 acres ofland out of La Porte Outlots, W. B. Lawrence Subdivision, Volume 83,
Page 344 of the H.C.n.R., William Jones Survey, Abstract No. 482, La Porte, Harris
County, Texas. The applicant, Transport Realty, Inc., seeks to have the property in
question rezoned from Mid Density Residential (R-2) to High Density Residential (R-3).
The purpose of the zone change request is to allow multi-family development at site.
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
City Secretary
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 City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030 for further infonnation.
{fXHIBll 1J
In accordance with the e
provisions In Section 106- .
171 of the City of La
Porte's Code of Ordinan- ·
ces, notice is hereby given
that the La Porte City
Council will conduct a pub-
lic hearing at 6:00 P.M. on
the 26th day of April,
2004, In the. Council
Chambers of the City Hall,
604 West Fairmont Park- te
way, La Porte, Texas. The
purpose of this hearing Is I j.s
to consi er Rezone Re-
que # 04-. 02, for the
prop 10 ted in the
3000 b k of Canada
Road. e roperty is fur- ! under::;igned authority, on this date
ther de ri ed~TRS d I' I K II .
692C,69 7 ,a 707 eare ,\arolyn e ogg. a duly authorized
containing . 73. res of ThE: Bayshore Sun, a semi-I,veekly
of land 0' 0 La orte . .,..
Outlots, W. . Lawr nce J/lshed and genorally dlstnbuted In the
Subdivision, Volume 83, e, Harr s County. Texas and who
Page 344 of the H.C.D.R.,
William Jones Survey,Ab- y swon '. swears the attached notice was
stract No. 482, La Porte, 8 h S 4- L I L
Harris County, Texas. The 1e ay:. ore un dated 0 0 I () "
applicant, Transport Real-
ty, Inc.,'s",eksto have the
property in question rez-
oned from Mid Density
Residential (R-2) to High
Density Resldenti,al (R-3).
The purpose of the zone
change request is to allow
multi-family development
at site.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
18th E- treet
Texas 77571
NOTICE OF PUBLIC
HEARING
A regular meeting of the
City Council will follow the
public hearing for the pur-
pose of acting upon the
public hearing items and to .
conduct other matters per- lscrlbec
taining to the Council.
Citizens wishing to ad-
dress the Council pro or
con during the public hear-
ing will be required to sign
in before the meeting is
convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations or interpretive
services at meetings
281-471-123-l
'ax: 281-471-5763
~.
Ba~slDre
n
\~un
'Sen-ing The Bayshore Area Since 1947'
arolyn Kellogg
Authorizod Representative
before me this J;L -{H day of ~
.,l~~/?,A~3~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
,2004-
r.........................;:..o"'........................................................-::.:.--..r...................../'...................'"1
~ ,,~"'v Pv~< SANDRA E. BUMGARNER ~
8 ii~ NOTARY PUBLIC, STATE OF TEXAS ~
* "'",;~~ MY COMMISSION EXPIRES ~
~ '1"'~OF'~+ APRIL 30, 2006 ~
&--....................................................................r.......................J:,~.....................r.....ii
IiXHlBIT E
StatTReport
March 24, 2004
Zone Change Request #R 04-002
Reauested by: Transport Realty, Inc.
Reauested for: TRS 692C, 693B, 706, & 707, W. B. Lawrence Subdivision.
Locations: 3300 Block of Canada Road
Present Zonim!: Medium-Density Residential, R-2 (Max. allowable density 8-10 DUI A)
Reauested Zonim!: High-Density Residential, R-3 (Max. allowable density 14 DUI A)
Baclmround: The subject tracts comprise approximately 18.3473 acres of land out of
William Jones Survey, La Porte, Harris County, Texas. The said property is
just south of an existing 65,800 sq. ft. dock high, tilt-up warehouse located at
3337 Canada Road. That facility has been used for trucking, warehousing,
and crating/assembly site since the mid 1980's or longer prior to annexation
and is a legal pre-existing, non-conformity. The property is adjoined by
vacant tracts to the south consisting of ::!:3 5 acres zoned R-2 and some NC,
bounded by H.C.F.C.D ditch to the east, Fairmont Parkway on the south and
proposed Canada Road on the west. The property to the west of Canada
Road and south of the H.C.F.C.D. ditch is 33 acres of undeveloped land for
the City of La Porte's proposed park.
The applicant seeks a rezone from Mid-Density Residential (R-2) to High-
Density Residential (R-3) for multi-family developments.
Analvsis:
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Parks and Recreation,
Utility Infrastructure, and Residential 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. In addition, some commercial
uses are shown adjacent to Fairmont Parkway.
Currently, the adjacent properties are single-family residential (Pecan
Crossing Subdivision). The surrounding existing uses are primarily single-
family residential with manufactured housing, vacant property and the
City's parkland in the vicinity. The proposed rezone seems to be
compatible to these uses.
Conformance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying a rezoning
application. Other criteria may include:
D
Zone Change #R 04-002
P & Z (3/24/04)
Page 2 on
. Character of the surrounding 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;
. 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.
Transportation - The tracts in question gain access along Canada Road
running north and south between Spencer Highway and Fairmont parkway.
Spencer Highway, a primary arterial with 100' ROW, can accommodate the
additional traffic generated by future residential development. Fairmont
Parkway, a controlled access highway with a 250' RO.W. can also
accommodate additional traffic.
The design of Canada Road is approximately 95% complete. All right-of-
way for the proposed road improvement has been acquired except for one
tract. Presently, the utilities to serve this general area are being designed and
the City has authorized pipeline adjustments and power lines relocation.
The bidding and construction of the road and utilities will not begin until the
above items are complete. In addition, an interlocal agreement with Harris
County is needed and debt is to be issued. It is estimated that it will be at
least 6-8 months to complete these matters.
Parks and Recreation - An accessible park and recreation facilities will be
the City's proposed park on 33 acres of land along Canada Road. It will
provide a diverse blend of parks, recreation and open space areas including
community and neighborhood park, natural open space areas, and linkages
to adequately accommodate the current and future needs of the residents and
visitors. In addition, future development plans should address pedestrian
connectivity to the park. The City's pedestrian plan identifies potential
greenbelt corridors, bicycle and pedestrian trails and routes to provide a safe
and secure connection between parks and neighborhoods.
Zone Change #R 04-002
P & Z (3/24/04)
Page 3 on
Conclusion:
Utilities - Currently, no public water and sanitary sewer are available for
the subject tracts. An existing 8" waterline stops at the adjoining property
located at 3337 Canada Road. While, the nearest sanitary sewer manhole is
at the southwest corner of mobile home park and Canada Road. The
infrastructure was not analyzed in detail to ensure that sufficient capacity
exists. However, utility extensions shall be required to handle the supply of
potable water, sanitary sewer, and fire protection for the proposed
development. Storm water drainage will be reviewed carefully with the
development plan submittal for proposed project.
Based on the above analysis, staff finds the requested change is compatible
with the zoning and uses of nearby properties. The property in question is
suitable for the requested change to R-3. The development within the subject
tracts will not negatively impact the surrounding properties and may not
harm the value of nearby properties. Furthermore, it will not have a
significant impact on the traffic conditions in the area.
It should be noted that staff has recommended to the broker representing
multiple owners that a Planned Unit Development (PUD) be considered in
order to master plan the tracts of land surrounding this site. A PUD would
present a more complete picture of how high density residential and
commercial activities would blend into the total picture and give more
flexibility in relation to the proposed City Park. In addition, a PUD would
also address the connectivity issues with trails leading to the park.
In reviewing this request the Commission should consider the following:
. There was no apparent error in assigning the present zoning
designation to the tracts in question.
. There have been no changes in the area that warrant a change to the
zoning designation.
. The applicant's requested zoning conforms with the present zoning
and nature of the surrounding properties.
. Furthermore, the requested change is compatible with the goals and
objectives of the City's Comprehensive Plan.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request from R-2
to R-3.
. Recommend to Council denial of this rezoning request from R-2 to
R-3.
. Table this item for further consideration by the Commission.
City of La POlie
Es/uh1islwd 18.92
Memo
To: Members of the Planning and Zoning Com
From: Nicholas Finan, Interim Planning Director
CC: John Joems, Assistant City Manager
Wayne Sabo, City Planner
Masood Malik, Planning Coordinator
Date: March 26, 2004
Re: Canada Road Zone Change Request to Multi-Family
I apologize for the lateness of this, but since the Planning and Zoning Commission meeting of March 24
was canceled, I wanted to update you.
There was a staff meeting to discuss the agenda items. Unfortunately, in my absence, some of the
thoughts on the Canada Road zone change request from R-2 to R-3 for a multi-family development
were not totally incorporated into the analysis.
This is one that has some history:
In the past, the Planning and Zoning Commission has been reluctant to rezone property in this area,
including nonconforming uses. Due to the growth in single-family development in the area and the
Comprehensive Plan, this area over an extended period of time could become a strong single-family
area. The City has recently purchased land directly across the street for a park. The plans are not
finalized, but this park could be a passive park. The City has recently acquired the necessary right-of-
way to make Canada Road a four-lane divided roadway to improve traffic in this area. The broker
representing this property, as well as adjoining property, has been told previously that the 60 or so
acres should be presented as a Planned Unit Development (PUD), but that even then, apartments may
not be suitable.
Concerns:
Based on the Comprehensive Plan, if it is to be changed, an overall plan should be developed for the
area taking into account the pipeline easement, drainage system, existing single-family developments,
the proposed park, the nonconforming industrial enterprise, the widening of Canada Road, and the 40
to 60 acres of undeveloped property. A PUD with a specific land plan would be the better approach
than the incremental parcel-by-parcel change.
There is concem for an apartment (a minimum of 100 units and allowed up to 180 units that could have
an average of two to four residents) could impact a passive park negatively (it has not been determined
if the park will be passive or active, yet).
While Canada Road would handle the traffic after the improvements, the apartments generate two to
two and one-half times the traffic load as a typical single-family development.
If this zone change is approved, but this particular development does not get financing, then any type of
apartments could be constructed. Some staff does not feel this application should be approved.
Again, I apologize for the lateness of this memo.
8
3 4
N.T.S.
9
13
5 6 8
15
17
.
692 693 I:J
0
707 706
712 713
FAIRMONT PARKWAY
l
o
~
!
!ii
'"
lEGEND
TRS 692C, 6938, 706 & 707
LA PORTE OUTlOTS
R-l LOW DENSITY RESIDENTIAL
R-2 MEDIUM OENSITY RESIDENllAL
MH. MANUFACTURED HOUSING
_ NC NEIGHBORHOOD COMMERCIAL.
PROPERTY OUTLINE
i 'N wF~ l1l;l
nF.I/FlI!i'!iP l' J
\~jililllJallo1O:II6'6(
HOViill;f'\. TI 77l.'(A
/11 '1~1q ....1'11 1
iN A~l1nCI""_llmi V\,!ll i
flru. Bt,r~iJ!Y'.~
,f,PCHITECT:::,
'):n V......la~I'....1
jjijUi,lfJll, Ta~."
7i'H!)lf'll!.11
SURROUNDING Sill
DEVELOPMENT
PLAN
N
I
FAIR MIST
APARTMENTS
l Ai~dfl' f _ ! ~->C'Atl
<"
MUl TfFAM1LY Mrfl~_~!ON
MINI8TRleR fNC
t 'l,,~ .'lllW'i'Wil H,~~;/ 'l,;lhI' .' 'i,
; filt \NI';l,''''1''1I1''~~ f O--l' - " "0(1
'''1lfi',,7n''lf