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HomeMy WebLinkAboutO-2004-1501-TTT R04-006 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 12. 2004 Requested By: Nick Finan vi Department: PlanniDl! Appropriation Source of Funds: N/A N/A N/A N/A N/A Account Number: Report: Resolution: Ordinance: --X- Amount Budgeted: Exhibits: Ordinance P & Z Staff Report Aerial Map Zoning Map Site Plan Amount Requested: Budgeted Item: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their June 17, 2004 meeting, held a public hearing to receive citizen comments regarding Rezone Request #R04-006. This request involves 4.9 acres of land out of TR 717 and west Y2 ofTR 718, La Porte Outlots, located along CaniffRoadjust north of Fairmont Parkway. (See map.) On behalf of the First United Methodist Church at 9601 West Fairmont Parkway, the SLI Group, Inc., is requesting a rezone from Low Density Residential (R-I) to Medium Density Residential (R-2). The applicant is proposing an addition to an existing church facility. In addition, the applicant needs these additional acres to develop the church's parking lot. As required by ordinance, notices of public hearing were mailed to property owners within 200' of the site. Staff did not receive any responses. By a unanimous vote, the Commission recommends to Council approval of Rezone Request #R 04-006. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on an Ordinance for 4.9 acres ofland located along CaniffRoad to rezone the property from R-l to R-2 for proposed expansion of the church's parking lot at 9601 W. Fairmont Parkway as requested by the First United Methodist Church. Approved for Citv Council Ae:enda L '7-&-(J~ Date ORDINANCE NO. 1501-::JT-r 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 MEDIUM DENSITY RESIDENTIAL AS REQUESTED BY THE SLI GROUP, INC., ON BEHALF OF THE FIRST UNITED METHODIST CHURCH, THE OWNER OF 4.9 ACRES LOCATED ALONG CANIFF ROAD JUST NORTH OF FAIRMONT PARKWAY 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 17'h day of June 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 June 17, 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 June 18, 2004, a true ORDINANCE NO. 1501,:"r,1" Page 2 copy of which letter is attached hereto as Exhibit "C", 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 dassification changes and the recommendation of the Planning and Zoning Commission on the 1th day of July, 2004, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible redassification 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 "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 Medium Density Residential (R-2)." The description of said parcels of land rezoned to Medium Density Residential (R-2) is as follows, to-wit: "4.9 acres of land out of TRS 717 and west % of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, located in the W. M. Jones Survey, Abstract No. 482, City of La Porte, Harris County, Texas". ORDINANCE NO. 1501-jjJ Page 3 "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. "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 l~~ day of July, 2004. CITY OF LA~..P...ORTE ~ ~- Mayor Pro-Tern ATTEST: Byiflll,tIM.. firM MAR A GILLETT, City Secretary APPROVED: By: J D. ARMSTRONG, Assis ~ 7,; ~Lh_J ~ I ~ c-,A, ~~.:J .. t City Attorney Staff Report First United Methodist Church Zone Change Request #R 04-006 June 17,2004 Reauested by: The SLI Group, Inc. on behalf of First United Methodist Church Reauested for: Approximately 4.9 acres of land out of TR 717 & west 1f2 of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Porte, Harris County, Texas. Locations: 9601 W. Fairmont Parkway Present Zonin2: Low-Density Residential, R-1 ReQuested Zonin2: Medium-Density Residential, R-2 Back2round: The subject tracts comprise approximately 4.9 acres ofland out of 14.6311 acres oflot 717 and the west 1f2 of lot 718 of La Porte Outlots, Volume 83, Page 344, HC.D.R., William M. Jones Survey, La Porte, Harris County, Texas. The said property indicates three zoning classifications. In the south portion of lot 717 is an existing church building & parking lot located within Medium Density Residential (R-2) zoning district where religious institutions (SIC#866) or related facilities are a permitted use. The northern portion of lot 711 is zoned Low Density Residential (R-1). The west 1f2 of lot 718 is zoned Neighborhood Commercial'(NC). The R-1 portion of the property is the site of the proposed church parking lot expansion. The subject tract is facing Caniff Road. There is an existing private drive off Caniff leading to the church. The property is adjoined by Life Community Church on the west, vacant tracts to the east along Fairmont Parkway at Underwood, and south of Caniff Road. The subject property is also in the vicinity of residential (Summer Winds & Pecan Crossing Subdivisions & Fairmont Oaks Apartments), commercial (convenience store & gas station), and industrial (Bayport North Industrial Park) facilities. The applicant seeks a rezone from Low-Density Residential (R-1) to Medium-Density Residential (R-2) for proposed expansion of the church's parking lot. 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: Zone Change #R 04-006 P & Z (6/17/04) Page 2 of3 Land Use -- Review of the City's Land Use Plan shows the subject tract developing as residential. In addition, some commercial uses are shown at the intersection of Underwood Road and Fairmont Parkway. Currently, the adjacent properties are church and single-family residential (pecan Crossing and Summer Winds Subdivisions). The surrounding existing uses across Caniff Road and church are primarily residential. The proposed rezone seems to be compatible to these uses. Should the rezone to R-2 be granted, the entire tract 717 would have the same zoning classification. 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: . Character of the surrounding and adjacent areas; . Zoning and uses of nearby properties; . Suitability of the property for the uses permissible within the zoning designation; . Extent to which approval of the application would detrimentally affect of substantially harm the value of nearby properties; . Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, . The gain, if any, to the public health, safety, and welfare of the City. Transportation - The tract in question gains secondary access along Caniff Road running east and west between the Church and Summer Winds Subdivision, and primary access off Fairmont Parkway. Caniff Road, an 80' public right-of-way, and Fairmont Parkway, a controlled access highway with 250' ROW, will accommodate the additional traffic generated by the proposed development. The primary function of Caniff Road is to provide through access to the Pecan Crossing and Summer Winds Subdivisions at Underwood Road. Utilities -Utilities are in place to support the church. No additional utilities will be needed for this project. Storm water drainage will be reviewed carefully with the development plan submittal for the proposed expansion. Recommendation: Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends approval. The property in question is suitable for the requested change to R-2 which will unify the entire tract under a single zoning classification. The requested rezone allows expansion of the church facilities. The development within the subject tracts will not negatively impact the surrounding properties and will not harm the value of nearby properties. Furthermore, it will not have a Zone Change #R 04-006 P & Z (6/17/04) Page 3 of3 significant impact on the traffic conditions in the area and better accommodates the traffic flow into the church facility. 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 to 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-l to R-2. . Recommend to Council denial of this rezoning request from R-l to R-2. . Table this item for further consideration by the Commission. 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 17th day of June, 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 #R04-006, which has been requested for approximately 4.9 acres of land out of TR 717 & west ~ of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located at 9601 W. Fairmont Parkway. The request, submitted by the SLI Group, Inc. on behalf of the First United Methodist Church, seeks to have the property in question rezoned from Low Density Residential (R-l) to Medium Density Residential (R-2) The purpose of the zone change is to allow an expansion of parking lot for the church. 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 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) 471-5030for further information. exHIBIT A rHE STATE OF TEXAS COUNTY OF HARRIS CITY~E NOTICE OF PUBLIC HEARING uth 8th ~ treet e, Texas 77571 ....., .......-.... ::";:;<;';'::/:/';::;::;:;;\;::" <:::.:::>:<:;::.;::::':",;:; ;.:::::: :~:>: :-::.;.:-:>:-:-.-:.,.;..:::.::':::.".':: ::;:>()(/)):~)~<:;:;:<} .... '. ~~:";'~""':':'" ;:t:!:I~::;'::!:':"""'" BaNsDire 281.471-1234 Fax: 281.471-5763 In accordance' Nith Ihe provisions of Sec-' ion 100-171 of the Code' :>f Ordinances of the CliJ: >f La Porte, and the proVl-' ;ions of the. Texas local: 1 e 30vemment Code, notice' s hereby given that the La )orte Planning and Zoning I ~mission will conduct a IUbIic hearing at 6:00 P.M. on the 17th day of June, 004, in the Council :hambers of the City Half, 04 West Fairmont Park. ray, La Porte, Texas. The urpose of this hearing is I consider rezone request )orte R04-OO6, which has been J, ..' ~ IqueSted for approxi- I alii;:, Illtely 4.9 acres of land :~s .If of TA 717 & west of q 718, La Porte 0Uti0ts" '. B. Lawrence Subdwh the undersigned authority on this date :m, W. M. Jones Surv~y" I. . 482, City of La PQrt$.~ ppeared Karolyn Kellogg, a duly authOrIzed uris County, Texas:Th6 ' T h S . k operty in question l~fo> Ive of he Bays ore un, a semi-wee Iy ted at 9601 W. fairmont published and generally distributed in the ll'kway, The request bmitted by the SLl orte, Harr s County, Texas and who oup. Inc. on behalf of duly sworn swears the attached notice was I Rrst United Methodist' !t lurch, seeks to have lh$... I The Bayshore Sun dated () (p {J;;L /0 + lperty In question rez~~ ' 9d from Low DensItY sidentlaJ (R-1) to MeQl-. : Density Residential (R: The purpose of the Ie change is to aI/ow ar( laoslon of parking 19t. the church. ., Sun ..... .....-........... 'Sen'ing The Bayshore Area Since 1947' / .---::r~(/~ .I J j/ i I} I f//" li'..,! \~" "" if \,/ cT')f( --. t'e-- i ~~ .(' --/ .- .. " /..' .//' ITY OF LA PORTE Martha Gillett City Secretary Kar~lyn Kellogg Authorized Representative subscribec. before me this c:z ~ day of 9/..-L~ ~1 '&~~(5'~>"~ Sandra E. Bumgarner Notary Public Harris County, Texas , 2004- Citizens wishing IddreSS the Commls- pro or con during the !ic Hearing wit! be re- ~ to sign in before the ling is convened, 'Of"um of City Council bars may be present participate In disCuS- during this meeting, ver, no action will be I by Council. ') facility has dlSabOity . nmodallons availa-. ~equests fO( accom- tions or interpretive es at meetings j be made 48 hours to tho .........;...~ t;~XHIBIT B City of La Porte Established 1892 June 18, 2004 Hon. Mayor Pro-Tem and City Council City of La Porte Re: Rezone Request #R04-006 Mayor Pro-Tem and City Council: The La Porte Planning and Zoning Commission, during its June 17, 2004, meeting, held a public hearing to consider Rezone Request #R04-006. The SLI Group Inc., on behalf of the First United Methodist Church located at 9601 W. Fairmont Parkway, seeks to rezone approximately 4.9 acres of land out of TR 717 & west % of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, A-482 , La Porte, Harris County, Texas. The applicant seeks to have a property rezoned from Low Density Residential (R-1) to Medium Density Residential (R-2). The purpose of rezoning is to allow proposed expansion of the church's parking lot. The Planning and Zoning Commission, by unanimous vote (6-0), has recommended approval of Rezone Request #R04-006. Respectfully submitted, ~~~~ Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 EXHIBIT C 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 12th day of July, 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 #R04-006, which has been requested for approximately 4.9 acres of land out of TR 717 & west 'l2 of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located at 9601 W. Fairmont Parkway. The request, submitted by the SLI Group, Inc. on behalf of the First United Methodist Church, seeks to have the property in question rezoned from Low Density Residential (R-1) to Medium Density Residential (R-2) The purpose of the zone change is to allow an expansion of parking lot for the church. 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 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. ,':SXHIBIl' D 820 South ~ T ~ n~_.~~ THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING 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 is hereby given that the La Porte City Council will con- duct a public hearing at 6:00 P.M, on the 12th day of July, 2004, in the Council Chambers of the City Hall, 604 West Fair- ~t Parkway, ,La Porte, T as. The purpose of the,i"r ,g j,S to conS,ide r r z, quest # 04-006, . h s be uested, for a p~, 'mat 4.9 acres f 'd- ut f TR' 717 & we " 718, La Porte - ots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Pprte, ".l;:.Iarrif!, County, Texas. The prop- erty in question is located at 9601 W. Fairmont Park- way. The request, submit- ted by the SLI Group, Inc. on behalf of the First Unit- ed Methodist Church, seeKs to have the property 'n question rezoned from Low Density Residential (R-1) to Meo/um Density Residential (R-2) The pur- pose of the zone change is to allow an expansion of parking lot for the church. " ..... ;':'.. :-.: ~>, '. .:.'/:;.;..,::;;-: . ," .:. . "'-::~" . . . .:~.: .>;.;.;<:.: -:<<.' .... .::~ 281-471-1234 Fax: 281-471-5763 Sun Citizens wishing ';:.C?:'.,:. .': :;>' :fr a:o~e~~~~~ ~~~n~~~~~ ~ B';;;:~'/~::~~~'Area Since 1947' Hearing will be required to , sign in before the meeting is convened. luu -rj {if) tfr u ---- h' ~ -ol day of Si)...tvLJ ~ Sworn and subscribec before me t IS .~/i.~~~~ Sandra E, Bumgarner Notary Public Harris County, Texas CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council on this date . members may be present :l. duly authorized and participate in discus- . kl sions during this meeting, l S em [- we e y however, no ac~ion will be stributed in the taken by Council. and who This facility has disability lched notij waf accommodations . availa- 0 (p /:;1..3 ;;LOd " ble. Requests for accom- I ' modations or interpretive s6Nices at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 '" TOO Line ~ (281) 471-5030 for further, information. ~d." 1. ~ Karolyn Kellogg Authorized Representative , 2001f ~~~BIT' E " ..',,I.; , . J. 1'.',' ... r~ "",,,",.a~ ..... ...' t 4"1;J\ j( . ~.""" .","""., ~ N.T.5. o u UMMER WINDB SUBD. . o It .Q .0 o .~ 29 ~ 1&1 o z f 70 o LEGEND 9601 W. Fairmant R# 04-006 R-l LOW DENSITY RESIDENTIAL R-2 _ NC PUD R-3 MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL LOW DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIA~XHjjirr r-- I I I I I I I I I I I I I I I I I I I I I I I I B I I I I I : r~===========l~ .l.t.....:~L""I!""......."'..'-.9 // r:, ---------~~ II II I ~: I : lit II II: I: IIII 11 I """,..no...,""" II III )1 !:' :1 II: I: II) I! 1:1 :1 I{I )1 I:: (r~~-=--=--=--=--=-/ 1,1 11 )1: :1 111 II 1:1 'i Iii :1 III JI I'r JI I:: :! III II III ,I I, )1 111 I) !!! II III )1 II [, III I' III II III \1 I, " ) II ,........:;.:::..::\ II! 1, 1:1 :1 !I' ~JfI1ICt.t,."""' 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