HomeMy WebLinkAboutO-2007-1501-B6 scup07-010
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: NA
Account Number: NA
Amount Budgeted: NA
Amount Requested: NA
Bude:et Item: NA
Agenda Date Requested: November 12. 2007
Department:
Wayne J. Sabo ~.
<f'I
Plannine:
Requested By:
Report: -X-Resolution: _Ordinance: _X_
Attachments:
Ordinance w/exhibits A-F
P&Z Staff Report
Aerial Map
Sketch Plan
Site Plan
SUMMARY
The Planning and Zoning Commission, during its October 11,2007, special called meeting, held a public
hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU07-0l0.
The applicant, Rev. Gary A. Rickles c/o St. Mary's Church, seeks approval of a Special Conditional Use
Permit (SCUP) for a proposed multi-purpose hall at 816 Park Drive. The subject property is located
within the Beach Park Subdivision and is currently zoned Low-Density Residential (R-l). Per Section
106-331, Table A, Residential Uses, a Special Conditional Use Permit is required for religious institutions
or church related facilities to be located in R-1 zoning districts.
St. Mary's the Immaculate Conception Catholic Church was established in 1954. The subject property
consists of lots 1-28 of block 33, lots 2-16 and 27-28 of block 34, lots 1-8 of block 35, lots 1-29 of block
36, lots 6-28 of block 37, and portions of alleys/streets within these blocks closed and abandoned by the
City of La Porte in the Beach Park Subdivision adjacent to the Sylvan Beach. A replat to consolidate all
lots, alleys, and streets into one restricted reserve for the church's use is currently under review. St. Mary
of the Immaculate Conception Church wants to construct a 6,220 sq.ft. building called Rosary Hall within
the church facility. The multi-purpose hall will be served for religious, educational, and recreational
purposes. In addition, the facility will include three classrooms, conference room, church hall, catering
kitchen, religious education office, and restrooms.
The primary access will be along Park Drive with a secondary access through the parking lot along Bayshore
Drive adjacent to Sylvan Beach Park. As per applicant, total number of existing parking spaces is adequate to
support this new facility as the regular church services will not conflict with the hours of operation of this
new facility. The proposed addition would also be compatible with the existing building design of the church.
Upon approval of the Special Conditional Use Permit, the applicant would be authorized to submit a certified
site plan and building plans for the proposed development. Once the plans are approved, the building
permit will be issued for the new facility.
Staff has found the request satisfies all applicable ordinance requirements. The property is surrounded by
low-density residential developments, LPISD, Sylvan Beach Park and a mixture of commercial uses at the
intersection of Circle Drive/Bayshore Drive and Park A venue. The land use plan shows this area developing
as residential and surrounding properties as commercial and public uses. The facility would be compatible
with the surrounding properties and should not be injurious to the use, enjoyment or value of those
properties.
Public Notices were mailed to the fourteen (14) property owners in the area. No response was received. The
Planning and Zoning Commission, by unanimous vote, recommended City Council consider approval of
Special Conditional Use Permit #SCU 07-010 with the conditions as listed in the SCUP attached herewith.
Action Required bv Council:
1. Conduct a Public hearing.
Consider Planning and Zoning Commission recommendation to approve Special Conditional Use
Permit #SCU 07-010 for proposed multi-purpose hall to be located at 816 Park Drive.
Council A enda
tJ
ORDINANCE NO. 1501- fi.p
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 GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU07-010 FOR 6.4377 ACRE
TRACT OWNED BY ST. MARY'S CHURCH AND LOCATED AT 816 PARK DRIVE, LEGALLY
DESCRIBED AS LOTS 1-21 & 24-28, BLOCK 33, LOTS 2-16 & 27-28, BLOCK 34, LOTS 1-8, BLOCK
35, LOTS 1-29, BLOCK 36, LOTS 6-28, BLOCK 37, BEACH PARK SUBDIVISION, JOHNSON
HUNTER SURVEY, ABSTRACT 35, FOR THE PURPOSE OF DEVELOPING A MULTI-PURPOSE
HALL IN A LOW-DENSITY RESIDENTIAL (R-1) ZONE; 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 11th day of October, 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. On October 11, 2007, the Planning and Zoning Commission of the City of
La Porte met in special 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 on
the 1 ih day of October, 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- b~
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 12th day of November, 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 conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
6.4377 acres of land, Lots 1-21 & 24-28, Block 33; Lots 2-16 & 27-28, Block 34; Lots 1-8 Block
35; Lots 1-29, Block 36; Lots 6-28, Block 37, Beach Park Subdivision, Volume 67, Page 149,
H.C.O.R., Johnson Hunter Survey, Abstract No. 35, 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.
"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
ORDINANCE NO. 1501- 6/.;
Page 3
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 '1)!/- day oflJOil ,2007.
CITY ?F\LA PORTE ~
By: ~~. ~
ALTON PORTER, Mayor
ATTEST:
BY:l/fYlMJv- 11;)1
MARTHA GILLETT, City Secretary
APPROVED:
"~~~
By: (;lJ. ,I'. "<<-<<1
C RK KIN, Assistant Ci y ttorney
SCU#07-01O
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 11th
day of October, 2007, in the Council Chambers ofthe City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
SCU#07-01O, which has been requested for 6.4377 acres, blocks 33 thru 37, Beach Park
Subdivision, Volume 67, Page 149, H.C.D.R. Johnson Hunter Survey, Abstract 35, La Porte, Harris
County, Texas. Rev. Gary A. Rickles ofSt. Mary's Church at 816 Park Avenue is seeking approval
of a permit to build a rosary hall. Religious institutions or related activities are classified as
conditional use in Low-Density Residential (R-1) zone per Section 106-331 of the Code of
Ordinances.
A special called 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, TRMC, CMC
City Secretary
A possible quorum of Council may be present and participate in the discussion, but will not vote on matters.
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 information.
EX
!T
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~vVlflV 1 '"'\II V
-=----
HE STATE OF
EXAS
:OUNTY OF J HAR- 820 S. 8th Street
tiS .a Porte, Texas 77571
:ITY OF LA
'ORTE
281-471-1234
Fax 281-471-5763
In
ance with the provi-
ions of Section
l)6.:171 of the Code
r Ordinances of the
;ity of La. Porte, and
le provisions of the
exa$ local Govern-
lent Code, notice is
efeby given that the
a Porte Planning and
oning Commission
ill conduct a public
aaring at 6:00 P.M.
cio::'. 1~7. d: .:: Before me, the undersigned authority, on this date came and
oun~. Ch~~fS ~ appeared Sandy Vanya, a duly authorized representative of The
~ ~i~l. Park- Bayshore Sun, a semi-weekly newspaper published and generally
~. ~~,:e'OfTex:~ distributed in the City of La Porte, Harris County, Texas and who
=~ Is toco:: after being duly sworn, swears the at,mtl ched notice was published in
se Pennit Requ~st The Bayshore Sun dated (/I .2-3. OT
CU#07-Q10, Which ---=-.J _ .
3S been requested
if 6.4377 acres, '):\
ocks33 thru 37, I 11, /
:"'v,,::' 67~U.= . C &It cz:; (Ian~. .. /(1 ..
4$, H.C.D.R John- S d V
>0 Huirter . Survey,' an y any
bstract 35, La . Porte,
arris County,. Texas,
av. Gary A Rickles
, St Mary's Church
. . 816 Park Avenue is I
leking approval of a,
mnit to build a m-
Iry halt Religious in- .
itutions or related ac- sw~rn. ~d subscnbed before me this
lities are classified (
I conditional use In ,2007.
:r~~ zo~esid~: (~\ Q Jdxl
action 1~-331 of the " ~.
:>de Of Ordinances. t; 1/ /J
A special' VLX. ~
IIled meeting of the Nota Public n-
anning and Zoning .
:>mmission wlll fOllow Hams County, Texas
~h".' ~~,:J:~~~!)~.;:J9f.;;
.. :"U~~'-"'#"Itr- ,-.,a.....U'ZI"l.,~ I
City of La Porte
County of Harris
State of Texas
m+h
day of
,,~"'H~,,-
~ . '..p-
ti. ......l)
~,I'r.,~
USA A. GODFREY
MY COMMISSION EXPIRES
August 9, 2011
My Commission Exprires
'6~ II [
I . I
EX, Hrru.;JIT
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~-~
City of La Porte
Established 1892
October 17,2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a special called meeting on October 11,
2007, considered Special Conditional Use Permit #SCU 07-010. The applicant, St. Mary's
Church c/o Rev. Gary A. Rickles, seeks approval to build a multi-purpose hall at 816 Park Drive.
The Planning and Zoning Commission, by unanimous vote, recommended City Council consider
approval of Special Conditional Use Permit #SCU07 -0 I 0 with the following conditions:
1. This Special Conditional Use Permit is specifically limited for a multi-purpose hall within the
church facility at 816 Park Drive.
2. This permit does not become valid until a Certified Development Site Plan is submitted to the
City; reviewed and approved in accordance with the requirements of the Development Ordinance.
3. Screening and lor landscaping of parking lot shall be required.
4. Landscaping shall be located across the front of the property to provide compatibility with
neighboring residential.
5. Landscaping shall be properly maintained by the owner/developer.
6. The Developer shall comply with all applicable laws and ordinances of the City and the State
of Texas.
Respectfully Submitted,
Po!t~
Chairperson, Planning and Zoning Commission
c: Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmant Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXHIBiT
i"'\
SCU#07-010
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 November,
2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request SCU#07-01O, which
has been requested for 6.4377 acres, blocks 33 thru 37, Beach Park Subdivision, Volume 67, Page
149, H.C.D.R. Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Rev. Gary A.
Rickles of St. Mary's Church at 816 Park Avenue is seeking approval of a permit to build a multi-
purpose hall. Religious institutions or related activities are classified as conditional use in Low-
Density Residential (R -1) zone per Section 106-331 of the Code of Ordinances.
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 possible quorum of Council may be present and participate in the discussion, but will not vote on matters.
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 information.
EX/=U Es rT r")
0'
PUBLIC NOTICES
SCU#07'(}10 ,~
'J-' c. . ..- "
THE STATE OFTEXAS
COUNTY OF ~R.~.
CITY OF LA PORTE
820 S. 8th Street
Porte, Texas 77571
281-471-1234
Fax 281-471-5763
NOTICE OF PUBUC'
~~'~e
Go~rnmGl1t CoOe.nolice i
ta'l:' ~~~ ~
conduct a public hearing
lit 6:00, P.M. on.the 121h
day Of Novembet,2007,
in the Council Chao1bers
of the Cily. Hall. 604 West t f La P rte
Fairmont, 'Patkwarlk "La i Y 0 0
~:' ~le~a: /learing t'~ ounty of Harris
consider Special' CoOOi.
nonal ',Use Permit Re- tate of Texas
qUllSt SCU#07.(}10,
which has ,'been re-
qUllSteo . for 6.4377 acrllS. i
blocks 33 thru3T. Beach. f th d' d h 'ty h' d d
~ p::dill~~;'H~tt'Fr.,e ore me, e un erslgne aut on , on t IS ate came an
'~~n:;:~~n~a~:~ppeared Sandy Vanya, a duly authorized representative of The
:~::iSG~ry~nty.RIcld~~ 'i:aYShOre Sun, a semi-weekly newspaper published and generally
St. Mary'S Churctl-al,816 , 'b d' h C' f L PH' C T d h
Parkrov:~~ue a Ispe:fki~ Istn ute In t e Ity 0 a orte, arns ounty, exas an w 0
~,SaotM",..Wti,.'li!:r,.~,Oll,:,$::if,fter being duly sworn, swears the a.!W-ched notice was published in
silled 'as'condltioilal '~& :he Bayshore Sun dated-10. 2j).gr, ,
in ' !..ow-Density Jlesjden-i
1ia1 (R-l) zone per See- 'h
.~,'::~1' . U~~
F~r ofherma!': ndy Va ya ~
pertailli"ll ~ thVl ColJf1Cll: "
Cillvms ".wishinglo: ad-
dress the Couhctl pro "01"
con duringlhe "Public
Hearing will. . bElrilqllire1.l
to, sign,: ,in, . belR'e. ' the
,meeting is 00nvened. . .h,.. ,.,.,,'
CITY Of;' LA PORTE
,/,-.:.t
$~~""It,
r~. tl
,'.li. 'il".
~~:~.,~"
day of
. Mi!1ha (3i1letl,
TAMe; CMC ,'"
City Secretary
before me this
USA A. GODFREY
MY COMMISSION EXPIRES
August 9, 2011
Not ry Public
Harris County, Texas
My Commission Exprires
~)q" I
I I
EXHibiT
City of La Porte
Special Conditional Use Permit # SCU 07-010
This permit is issued to:
St. Mary's Catholic Church
Owner or Agent
816 Park Drive, La Porte. TX 77571
Address
For Development of:
St. Mary of the Immaculate Conception Rosary Hall
Development Name
816 Park Drive
Address
Legal Description:
Lots 1-21 & 24-28. Block 33. Lots 2-16 & 27-28. Block 34
Lots 1-8, Block 35. Lots 1-29, Block 36. Lots 6-28. Block 37
Beach Park subdivision. Johnson Hunter Survey. Abstract 35,
La Porte, Harris County, Texas.
Zoning:
Low-Density Residential (R-1)
Use:
Multi-purpose Hall
Permit Conditions:
1. This Special Conditional Use Permit is specifically limited for a multi-purpose hall within the church
property.
2. This permit does not become valid until a Certified Development Site Plan is submitted to the City;
reviewed and approved in accordance with the requirements of the Development Ordinance.
3. Screening and lor landscaping of parking lot shall be required.
4. Landscaping shall be located across the front of the property to provide compatibility with neighboring
residential.
5. Landscaping shall be properly maintained by the owner/developer.
6. The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
01{~M
City Secretary
EXHIB!T
Special Conditional Use Permit
(SCU 07-010)
Planning and Zoning CommissiDn
October 11, 2007
Item:
Action Taken:
REQUEST:
Consider and take action on a request for a Special Conditional Use Permit for a rosary hall/
building to be located within St. Mary's Catholic Church.
APPLICANT: Rev. Gary A. Rickles
OWNER: St. Mary's Catholic Church
GENERAL LOCATION:
816 Park Drive
LEGAL DESCRIPTION:
6.4377 acre tract being lots and alleys in blocks 33 thru 37, Beach Park Subdivision, Volume 67,
Page 149, H.C.D.R. Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas.
PROJECT SIZE: 6,220 square feet
EXISTING ZONING:
"R-1" (Low-Density Residential)
Surrounding Zoning Surrounding Land Uses
North "R-1" Sinale-familv Residential
South "NC" Neiahborhood Commercial
East "R-2" Svlvan Beach Park
West "R-3" Mixed Residential
ANALYSIS:
A new 6,220 immaculate conception rosary hall is proposed within the existing St. Mary's
Catholic Church property located at 816 Park Drive. The subject property is zoned Low-Density
Residential (R-1). Religious institutions or church related activities are classified as conditional
use and requires a Special Conditional Use Permit from the City.
UTILITIES:
Public utilities are readily available to the property with adequate fire protection. Water, sanitary
sewer, and road conditions adequately serve the property. The proximity to Fairmont Parkway and
Bayshore Drive near Sylvan Beach Park provides adequate access to the area.
Special Conditional Use Permit
October 11, 2007 P&Z Meeting
Page 1 of 2
IMPACT UPON EMERGENCY SERVICES:
There should be no adverse impact upon emergency services with development of this site.
TRAFFIC:
The subject property has access to Park Drive and Bayshore Drive adjacent to Sylvan Beach
Park.
STAFF RECOMMENDATION:
Staff recommends approval with the conditions as listed in the draft SCUP attached herewith.
ATTACHMENTS:
Area Map
Application
Draft SCUP
Site Plan
Special Conditional Use Permit
October 11, 2007 P&Z Meeting
Page 2 of 2
it
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Dlsc/almet' The City of La Porte makes no representation or warranty as to the accuracy of this map and tis mfonnatJOn nor to Its fitness for use. Any user of thiS map product accepts the same AS IS.
WITH AU FAULTS. and assumes all responsibl/ity for the use thereof, and further agrees to not hold the City of La Porte Hab/e from any damage, lOSS. or liability ansmg from any use of the map product.
Independent verification of all mfonnatlon contamed on thiS map shouid be obtamed by the end user.
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604 W Fairmont Parkway
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(281) 471-5020
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