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HomeMy WebLinkAboutO-2007-1501-L5 R06-003 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Ordinance p & Z Staff Report Aerial Map Zoning Map Public Notice Responses Mail-Out Sheet Rezone Opposition Petition Budgeted Item: N/A N/A N/A N/A N/A Source of Funds: Department: Planninl! Account Number: Report: _Resolution: _Ordinance: X Amount Budgeted: Exhibits: Amount Requested: SUMMARY & RECOMMENDATION During the December 11, 2006, Council meeting, the issue ofthe Canada rezone from R-2 to GC matter was heard. State Law states that if a written protest is signed by 20% of the residents within the 200-foot ring from the proposed rezone, a vote of three-fourths of "all the members of the governing body" is required to pass the motion. This is also reflected in Section 106- 171 (7) of Chapter 106 (Zoning) of the City Code of Ordinances. The rezone vote at the December 11th meeting was 4 to approve and 3 against. Staff has since had the opportunity to check the written petition submitted against the rezone. Since the petition was submitted shortly before the meeting, there was insufficient time to verify the names on the list. Of the 18 mail- outs to properties within the 200-foot zone, 7 of the owners are signatories on the petition (or 39%). The names and/or addresses of the citizens who signed the petition and are included within the 200-foot ring are as follows: Gilbert Duran Jr.; 9225 Barton Ct. Frederick Paulus; 9225 San Saba Ct. Brant Morgan; 9214 Caddo Ct. Robert Martinez Jr.; 9222 Desirable Dr. John Harmon; 9222 San Saba Ct. Claudia Rogers; 9221 Barton Ct. Teri Ann McMullen (Phyllis Barnes signed); 9221 San Saba Ct. Since the petition was opposed to the rezone it is, therefore, a protest under the defmition of the ordinance. A positive vote for the rezone would have required 7 votes from "all members of city council" as worded in Section 106-171 (7). As such, the previous motion on this matter failed to achieve the required number of votes for approval and Staff is recommending that the December 11, 2006, motion be rescinded. There is no statutory time limit to reconsider this issue. Should council reconsider the matter, a reprint of the previous Staff report is as follows: The Planning and Zoning Commission, during their November 16, 2006, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R06-003. The request was made by the property owner ofTRS 692C, 693B, 706, and 707, La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The subject tract (17.7717 acres) is located to the east of Canada Road and 1000' north of Fairmont Parkway. Currently, the property is zoned Medium Density Residential (R-2). The property is in the vicinity of an existing warehouse/storage facility, a mobile home park, single-family residential subdivisions across the Harris County Flood Control District ditch, and the City's 33 acres of land for proposed Westside Park. Last year, approximately 35 acres oflandjust south of the subject tract, located at the intersection of Canada Road and Fairmont Parkway, was also rezoned from Medium Density Residential (R-2) to General Commercial (GC). The Buxton Study, a commercial study on La Porte, along with the widening of Canada Road (lOO'ROW) project, has prompted the owner/developer to re-evaluate development options and consider providing commercial/retail at this intersection. Earlier, the City of La Porte selected three sites to be analyzed and ranked for possible retail development, revitalization, in order to attract commercial developments in the area. The Study recommended and the Council selected Canada RoadlFairmont Parkway intersection as the best retail potential site based upon Canada Road eventually being expanded and put through to the south. Commercial activities and tax components are to be favorably considered while reviewing this rezone request. The subject site is hampered by the pipeline easement and requires a creative design for land development. The tract in question is suitable for commercial classification and the property is naturally buffered by a drainage easement and channel as well. Harris County Flood Control District channel (15WROW) to the east of the subject tract would provide adequate buffer and open space to minimize any adverse effects of commercial activities on adjacent residential development (pecan Crossing Subdivision). In addition, landscaping/screening adjacent to the channel shall be required to minimize any noise impact to the abutting residential uses. 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 with Section 1060521(a) of the Code of Ordinances. As required by Ordinance, Eighteen notices of public hearing were mailed to property owners within 200' of the site. Three responses were received (1 Favor, 2 Opposed). Two individuals, who initially opposed the measure, withdrew their opposition after hearing the staff report and presentation made during the Planning and Zoning Commission meeting. Granting this requested change should not be contrary to the goals and objectives of the La Porte Comprehensive Plan. The Planning and Zoning Commission, by a unanimous vote (7-0), recommends City Council approval of Rezone Request #R06-003. Action Required bv Council: 1. Consider a motion to rescind the December 11, 2006, motion to approve Rezone Request #R06-003 (requires a simple majority). 2. Reconsider the Planning and Zoning Commission recommendation to approve Rezone Request #R06-003, for TRS 692C, 693B, 706, and 707, La Porte Outlots, rezoned from Medium Density Residential (R-2) to General Commercial (GC) (requires a super majority or 7 votes to approve). ORDINANCE NO. 1501- L6 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 GENERAL COMMERCIAL, AS REQUESTED FOR TRS 692C, 693B, 706, AND 707, LA PORTE OUTLOTS, LOCATED ALONG CANADA ROAD 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 16th day of November 2006, 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 November 16, 2006, 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 November 20, 2006, 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- I-~ 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 11th day of December, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed accordingly. The zoning and description of said parcels of land is as follows, to-wit: TRS 692C, 6938, 706, and 707 (17.7717 acres) located along Canada Road north of Fairmont Parkway, changed from Medium Density Residential (R-2) to General Commercial (GC). "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- L..~ 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. Passed and approved this the <fI-- day ofOfrNUarj, 20011. :~TY~7~ ALTON PORTER, Mayor APPROVED: ByV~-r~ . C K ASKINS, Assistant City Attorney 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, 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 16th day of November, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06- 003, submitted by Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee, for the property located along Canada Road north of Fairmont Parkway. The property is further described as TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Medium Density Residential (R-2) to General Commercial CGC) to provide for commercial/retail activities at site. A regular meeting of the Planning and Zoning Commission will follow the public hearing to act 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 are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TMRC, 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 City Secretary's office at (28]) 471-5020 or TDD Line (28]) 471-5030for further iriformation. MHIBn J-i THE ST AIf nl= T!;;.'(AS COUNTY OF HARRIS CITY OF LA PORTE, B 281-471-1234 Fax 281-471-5763 , NOTICE OF PUBLIC HEARING S. 8th Street ~, Texas 77571 ,', . In . accordance !lith the' provisions in seC-1t tion 1 06-171 of the City of Ui Porte's' Code ofOrdi" '. : ~i:';~::~~~1 e emment d~, ' notice'is'" i l1ereb' . 'that the La! Porte nn and,i1~~ ' ! ~!'~'lr-~I Council.ChalTlb ,.,ity '.'La Porte HaU,.604i West Fa, ont, i f' H . Parkw~y,LaPo , ,Texas.f 0 arns The purpose of ,t 's,pe~r- . f Texas h'lg' istocopsider,., ezone Fleqliest.#R06-()()3->, ' sub- ri1Jtt~(j~y.B,obby :C3risham, agent'on'bElhalfofKen~: me, the undersigned authority, on this date came and foitht~~:Wbt~,iy~~f;d ed Lisa Godfrey, a duly authorized representative of The along Canada~oad north S 'kl bl' h d d II 9fFainnonLParkway.The il?re un, a semi-wee y newspaper pu IS e an genera y b~1~~~~Sfu~:b:P~J~~;qted in the City of La Porte, Harris County , Texas and who '?96 ,ar'ld707 (17.7717 'Bing duly sworn swears the attached notice was published in (lcrEls) , La ,"Porte,' ()utlots,. e , / ,~VElcordEl?i~'YPlurn~83,,,,,yshore Sun dated 10 /:lq DiP Page344,of the Deed !=le.", '. I I cordS,'oft-iafrisCourity, . Willilll11,~.Jones~\lrvey, A~stract482,.La ,'. PO~El' ~, 2m~d~tio~;;; i;te,pretiVe ;setvices ',.at "meetings ,shouldpffTIadeAB,tJ9.urS,\ prior ..... ,t9:,Jhe.meet;ng'/dfrey 'Plea~e contact City Secre-, '. ,tal)"s. office at, (281) 411-, 5020Qf TDDLine . (281), ,:~471-5030 for further in,for-! . mafion. . .~. re SUD \ Sworn and subscribed before me this A/Ol! ern b e.r ,2006. . ~'74> day of ~...,,~. ~~ ft~i~ \~j.-,(...;-$~ ~'"~l,,," . KAROlYN KELLOGG MY COMMISSION EXPIRES April 11, 2010 K; rolyn Kellogg Notary Public Harris County, Texas My Commission Exprires April 11, 2010 City of La Porte Established 1892 November 20, 2006 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Requests #R06-003 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during its November 16, 2006, meeting, held a public hearing to consider Rezone Requests#R06-003. The subject property is located along Canada Road and north off Fairmont Parkway, further described as TRS 692C, 693B, 706, and 707, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas. The applicant seeks to have the above property rezoned from Medium Density Residential (R-2) to General Commercial (GC) for retail/commercial activities. The Planning and Zoning Commission, by a unanimous (7-0) vote, has recommended approval of the above rezone request. Respectfully submitted, t~ Chairperson, Planning and Zoning Commission c: John Joerns, Acting City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 "-~'. :;, '~B"..r.. ',:" ',)i,<; . ~'"ii'. ..:~ :r" ,~* lJ\ fr.;~;,";:.r1!i-_:~' 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, 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 11th day of December, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06-003, submitted by Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee, for the property located along Canada Road north of Fairmont Parkway. The property is further described as TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Medium Density Residential (R-2) to General Commercial (GC) to provide for commercial/retail activities. A regular meeting of the City Council will follow the public hearing to act 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 are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TMRC, 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 City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. other l)1an~rs pen~1111[1YIUJ t~e cO!J,n~'t~(.:=.ii\ .'. ..";,,,Citizehs"WiShing to 'addresstbeCouncil.. Pro.' 820 S. 8"-cir,,,co,\::(ju.ri~g : the,' PIJR!i9 L P T ~hearing .g~re',reqll.lreg./'t~t ' a 0 rte,;,sigHih:~~fote :the}!'~.~t\~g (is coI1V~[led.','i('),:;~', :-=.;'...<:: ;''''-:/',::{",~'':,:' :;~ ^-i;!~ <inemberfTTlIIY.... be,preSjel)tl ;;~fid p~t1;cipli.t~ln:~i.s;cH~<J . ,c . . > sions during thismeet/~g~, ~~P!-!~:ryPF HA~RIS.. ...... <however,.' no ac~ion Will{~ti t~rrf6F~~:~'r~~i~~~~X:~~~ '~':l':NOfiCE9FPUBLlC'... ....( 8ceornmo9'atioHs.:'..8.V8i1a"i ~itRI~~;> ., . .>b!I!.':,~~qu~st~J'?U~:RcofTi~,; f";"; t.......... ..';m0d<3t/()ns; or Jnterpret,ve'';}ed authonty on thiS date came and ..~..., .......... ". ';,::;,;:::'''::<';'C'S~ryiceS;:,'i~t.;:.;,(hAAtiqp}1 . , . :~',..;,....,.",. ..';i.aCge!9~nc;e'.'shoJlcrbeIrJade~48"'flO.Ufs.: duly authorized representative of The ,'v:mh.tbEl j VISlon~ In ,:5ec;- prior to the, meetmg..! . .~t\9~~QEi:1zt()ftr~plty~f :P/easecClnt~ptpitY$~(e,~.~kly newspaper published and generally .~.~ J?cm~'~,9l?<!~.. ()f ~9rdl- . tarys' . r;Jffj~:[Jr"~~l) ,1.71"1 . ~na,fl~~,'li~dthe prov's'or:'s502.0qt;iTOP;~/M(2~4)la Porte, Harns County, Texas and who ,~;,'~;;)\r~J.<li~ehS~b~lq~~~,~1tig~:3!;tY(5!;Z1~r~t~~I}ars the attached notice was published in ^ .~ '.~. ~k:~ii~;;;f~~~~iii~tJlP / ~.9 ) 0 fo 'Lvt h ~fl~)i~~j ~ .,l(.fl,,~"; ....... 281-471-1234 Fax 281-471-5763 subscribed before me this ,2006. ~ '7 J-h day of iT.~.rt.,i.~1Ii~ .b':,'~:ogg d j~~~tC)rc ,i;itit~'?\y, Texas ,..,,'3,~Ir;:;~.., l~o t;~;ff "",l~f"," KAROLYN KELLOGG MY COMMISSION EXPIRES AprI11,2010 ar... me,et- ".,. 'c,lIncUwill . .', .. hearing tot: " ubliSheClr-ion Exprires April 11 , 2010 .lid to;c::onduct . :','.";;/1-:'::'-;'-' ". ;,. ;-;';",'.':" 'C 7 , } Staff Report November 16,2006 Zone Change Request #R06-003 ReQuested by: Bobby Grisham, agent on behalf of Kenneth P. Dawson, Trustee ReQuested for: TRS 692C, 693B, 706 and 707 (17.7717 acres), La Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Location: 2000 Block of Canada Road Present Zoning: Medium Density Residential (R-2) ReQuested Zoning: General Commercial (GC) Surrounding Zoning: North - Medium Density Residential (R-2) South - General Commercial (GC) East - Low Density Residential (R-1) West - Manufactured Housing (MH) Background: The subject tracts comprise approximately 18 acres of land out of William M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The property is located approximately 1000' north of the intersection of Canada Road and Fairmont Parkway. The property in question is also in the vicinity of a pre-existing warehouse/storage facility, manufactured housing, and a single-family residential subdivision along Canada Road. The adjoining property to the west across Canada Road and adjacent to the Harris County Flood Control District (HCFCD) facility consists of 33 acres of land intended for use as the proposed "West Side Park" ofthe City of La Porte. The applicant seeks to rezone this property from Medium Density Residential (R-2) to General Commercial (GC) for commercial/retail purposes. 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, some commercial uses are shown at the intersection of Canada Road and Fairmont Parkway. #R 06-003 P&Z 11/16/06 Page 2 of 4 Last year, approximately 35 acres of land just south of the subject tract, located at the intersection of Canada Road and Fairmont Parkway, was rezoned from Medium Density Residential (R-2) to General Commercial (GC). The adjacent properties across the Big Island Slough (B 1 09-00-00) are single-family residential (Pecan Crossing Subdivision). Other surrounding existing uses to the north are single-family residential, a manufactured housing park, and a storage/warehouse facility at 3337 Canada Road. An undeveloped vacant property and the City's proposed "West Side Park" are also in the vicinity. The current land use plan designates the area as intended for commercial uses, and the City has been consistent in providing General Commercial (GC) uses along the major roads within the City limits. However, the following aspects shall be considered for a rezone request: . Ability of infrastructure to support the permitted use. . Impact on the value and practicality of the surrounding land uses. . Conformance of a zoning request with the land use plan. . Character ofthe surrounding 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 harm to adjacent properties. . The gain, if any, to the public health, safety, and welfare of the City. Transportation - The tract in question will have access along Canada Road running north and south between Spencer Highway and Fairmont parkway. Earlier, the design of Canada Road improvement was completed in 2004. The rights-of-way for the proposed road improvement acquired and the utilities to serve this general area were designed given special consideration to the pipeline adjustments and power lines relocation. The bidding and construction of the road and utilities started in January 2005. The Canada Road improvement/widening project were completed in November, 2005. Traffic signalization is already in place and opened for traffic from Fairmant Parkway to State Highway 225 via East Boulevard. #R 06-003 P&Z 11/16/06 Page 3 of4 Canada Road, an arterial with a 100' ROW, may accommodate the additional traffic generated by future commercial developments. In addition, Fairmont Parkway, a controlled access highway with a 250' ROW may also accommodate additional traffic generated by this development. Utilities - Due to the success of the Canada Road improvement project, infrastructure for anticipated development at this intersection is in place. Storm water drainage will be reviewed case by case with the development site plan submittal for the proposed development. Economic Development - One of the intentions 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. As per plan, commercial, retail, and service activities shall be clustered throughout the City and be convenient to residential areas. In addition, commercial activities should be concentrated in nodes along major thoroughfares and intersections, such as the proposed location along Canada Road. Buxton Study - An economic development study took place on the La Porte area in order to specify which types of retail business the community should be targeting to attract commercial development in the area. Projection of future commercial growth and tax components are to be favorably considered in this matter. The City of La Porte selected three sites to be analyzed and ranked for possible retail development or revitalization. To aid in the decision-making process to select the best site, the company has ranked Canada Road and Fairmont Parkway as having the best overall retail trade potential site. Retail potential of this site is based on the following analysis: . A twelve minute drive time trade area . Customers in each trade area segmented as per buying habits and lifestyles . Profile of La Porte's customers within the trade area . Retail demand for more than 400 products and services determined for the potential trade area. Based on the above analysis and the best use review option by the applicant and the prospective developers reveal that the subject site would be better served by the proposed rezone, which would be consistent with the anticipated use of property to the south of this tract. Using this scenario, the applicant is requesting to rezone the property from Medium Density Residential (R-2) to General Commercial (GC). A conceptual plan for future commercial activities planned at this site is attached as Exhibit. #R 06-003 P&Z 11/16/06 Page 4 of 4 Conclusion / Recommendation: Based on the above analysis, staff finds the requested change conforms to the abutting zoning and is suitable for the requested change to General Commercial, allowing commercial/retail development. Development within the subject tract should not negatively impact the surrounding 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 can support future developments. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request, from Medium Density Residential (R-2) to General Commercial (GC). . Recommend to Council denial of this rezoning request from Medium Density Residential (R-2) to General Commercial (GC). . Table this item for further consideration by the Commission. A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for RECEIVED ~oveD1ber16,2006 (Date of Meeting) NOV U 6 2006 to Consider PLANNING DEPT. Rezone Request #R06-003 (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 gr.anting this request fo.r the followinJ reasons: /!V € /).b gr ( .j(/~~ AJUf lUI);t/ Sr.en!J C!8pfee,J f # fit?>" Ae &:J-~ tJe ALe ~ c{)t..!teJ I ('O/J1fti~Nvty-'LefS /;:~ j~ f'kvf- 4ThLJ~ 'F j2I) hf jUt) /l~ It Name (please print) J5~-r,tt1dl Signature 9J.)lj CA-IJ~p C!- T Address LA It5Lrf: TeM--5' 77.5'71 City, S~te, Zip ~'-"'W'''l ~~. ..... 'IB.~ I' ~.' "~ :..A A Meeting of the La Porte P1annin~ & Zonin~ Commission (Type of Meeting) Scheduled for RECEIVED ~ovember16t2006 (Date of Meeting) NOV 0 6 2006 to Consider PLANNING DEP'L Rezone Request #R06-003 (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: I feel that commercial property just 200 yards from our back fence would make our neighborhood noisy, and possibly not nearly as safe. We are paying a good price for our peace and quiet as well as our safety and security and do not wish to give that up. We also feel it would decrease the value of our property for which we paid a premium price. Thank you for your consideration in denying this rezoning request. '-;) f! leI.[ u- I 'ct ~I<. () 2. b ..s Name (please12 ' t) l ~1.,1 d../~ . ~ ~"-yZ CZ . "ff'" CJCj' . Signature I {j Claudia Rogers 9221 Barton Ct La Porte TX 77571-7906 I I i L A Meeting of the La Porte Scheduled for RECEIVED NOV 1 4 2006 PLANNING DEPT~ Pla~ & Zoning Commission (Type of Meeting) ~ovember16,2006 (Date of Meeting) to Consider Rezone Request #R06-003 (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: IHe 12..-1.. dl'st.rrct c;::ll\ows fOv- C\~ ~ orl\e.v- r~[Il.H\le1'i it'\~Se..- l!.or\l!eV\-t:.v~'Ons. of ~:h.ue..'li r1.j Uf'\./6s.. On ~,'s fUt.lJte h"j h -tv~,...c. \-"O~c.l, ~c;. When I't e~~cls. -tlt\rOlJ3k ~ #\e ~o~ I ii:.. would be. MOve I ~..('"~( ~k p...c>p~ (t~ dloV\j CQ.v\~d& -to be. Ye'ZOY\ee:l -10 0eVlev-ol COM"""~~ &-L I am OPPOSED to granting this request for the following reasons: Ff26P E. PAll l-U..s. N=e~ J~ Signature qz:zs ~ ~A t!.oUR-r Address LA. Po{2.Te j n~ 77571 City, State, Zip PETITION TO THE LA PORTE CITY COUNCIkECEIVED Rezone Request #R06-003 from (R-2) to (Ge) D~C 0 S 1~~~ CITY SECRETARY'S We are ~ to the rezoning of the property destribed as OFFICF TRS 692C, 693B, ~06 and 707 (17.771~,La Porte Outlots as recorded in Volume 83, page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte Harris County, Texas. Address Phone' us ev~ t.t ). ~411'n33 rititL. u%(~ 1f.N ~ ~~/-f77-G77t PJJ tt VJL q)O~ De5IR~~Je DR }gr. m. rt0$"O ~~M qJOJ ~llAh5 ~l Ij~l.q1J-Mq ~li3 ~N~H 281 ~7H'CJ~k o 0::: <:( Z 0::: UJ ea I o 0::: <:( Z 0::: UJ ea <:( 0::: ~ , <:( I 0::: I <:( I BU"]RuN~'Rls' ,I o I 0::: / -~-~--~~~~~-~-,/ 01 <:(1 ZI <(I U, ! I ! I J j I y;/ UJ :;: \ ....'" ~ ~ ~.~ ea 0::: 'V0 1:5 .f:' 'V 0::: ~ / UJ-BEI..FAST-I..NBELI':"1 *" ~ I" / .,s>~< ~0 lea i-" 1-'.#Q ...:J ...:J '\ :> ~ C/) I'll ~ I'll <( rj CARI..OW-I.:N <3-~ CARl:0W-I:N I 0: Q ~ o Ii GLADWYNE CT lJ.j /-------g------------------ ~ ------ ~/ / /8fi~Y.N ~l.tv 0: Q ~ 12 "OAKHAVEN-RD ~ j ~ o LS '" JEDGESTONE CT ~ /KENSINGTON CT ~ 0: 0 9 <( Q ...:J o.I.'ffUN.<ERS"ELDLN_j" ~ ~VEN:rURE-I.:N a, ORCHARD.I.:N 03 " <:) <:) " :E Z o n i-I c-"i'->C GIS I I I I .....-------------...., \ I I 1 / 1/ , G'" '~/ ,------------------------ / / / / / / / I I I I I I I I I I I I ~ ~~.ICHI:rA.DRLJ9 9 ~ ~~ > ,:f:- > $0 ~ ~ ~ ~ S\O\)~Q .,s>~ ~~~ ~ ~.&~ ~ ~'0 ( ~<S.D ~ \s' -0-0::: 0::: 0 ~ ~ DRY-SPRINGS_D :i ~\ u u UJ O-CANIFF-RD . 0. J: ci 1.3 ~-MAH)N'DR ~-?HAWK-DR- -l'E;JAS Legend Q Property Lines Zoning (R-1) Low Density Residential (R-2) Medium Density Residential (R-3) High Density Residential (MH) Manufactured Housing .,. (GC) General Commercial ". (NC) Neighborhood Commercial (PUD) Planned Unit Development (BI) Business Industrial if (LI) Light Industrial ~ (H I) Heavy Industrial iI# (MS) Main Street District (MSO) Main Street District Overlay (LL) Large Lot District --- Drainage Channels Raillines ~ CityLimits Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of this map and its information nor to its fitness for use. Any user of this map product accepts the same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product. Independent verification of all information contained on this map should be obtained by the end user. City of La Pone 604 W. Fairmon! Parkway La Porte, TX 77571 (281) 471-5020 www/aportetx,gov La Porte GIS Mapping 1 "equals 633 I 9 .Ii ~/I , -. t, ,"- ). / . TEXASCARGOWAYSLLC 215 W YORK ST SA V ANNAH, GA 31401-3657 JOHN & LORI FERRANTI 9218 CADDO CT LA PORTE, TEXAS 77571 *~/o GILBERT & ELISA DURAN JR 9225 BARTON CT LA PORTE, TEXAS 77571 KYLE & SHELBY COPELAND 9225 DESIRABLE DR LA PORTE TEXAS 77571 FREDERICK E PAULUS 9225 SAN SABA CT LA PORTE, TEXAS 77571 BOBBY GRISHAM 4650 CENTER ST. DEER PARK, TEXAS 77536 TOLAR GLENN M & TRUSTEE 4650 CENTER ST DEER PARK, TX 77536 MANUEL & MICHELLE TlSNADO 9202 WICHITA DR LA PORTE, TEXAS 77571 BRANT MORGAtL. 0 9214 CADDO CT LA PORTE, TEXAS 77571 ISMAIL K ELABDALLAH 9222 BARTON CT LA PORTE, TEXAS 77571 ROBERT & REBECCA MARTINEZ JR 9222 DESIRABLE DR LA PORTE, TEXAS 77571 JOHN & CYNTHIA HARMON 9222 SAN SABA CT LA PORTE, TEXAS 77571 TRANSPORT REALTY INC PO BOX 10048 FORT SMITH, AR 72917-0048 F AIRPARK L TD 990 RICHMOND AVE STE 106 HOUSTON, TX 77042 MICHAEL & LISA PARKS 9205 CADDO CT LA PORTE, TEXAS 77571 UM!QJA ROG~B~._ 9221 BARTON CT LA PORTE, TEXAS 77571 o EARL & JOHNNIE KEUL 9221 DESIRABLE DR LA PORTE, TEXAS 77571 TERI ANN MCMULLEN 9221 SAN SABA CT LA PORTE, TEXAS 77571 Tim DeWalt DeWalt's Towing LLC PO Box 261 La Porte, TX 77572-0261 City of La POrle 604 W Fairmont Parkway La Porte, TX 77571 (281) 471-5020 www.laportetx.gov .J.''..-., 1---.1 \ , I' ~ "--,' .f"'-_,./' .A .' , '......,/ ,r',\' I.) " ."'--- : 1(0(~ , ..-\ '~.?~<' c /;> ].~ L', _+_ I------~. -,- -- '.- .~. .,) BARTON CT I! I: I, Ii Ii I: Ii Ii Ii Ii I: Ii Ii I' Ii .L I I I I I -I. --~3 ,c) iz Iii) -----lUJ 10 io::: .r"-"'",,~~ )0 l ,- -- " .. ',,- ".j Z , .-/k ~ESIRABLE DR, ~ :'0;/>-' 10- I,,~ -'o",.,{ l -"/: ' '.'~'- " "^' : (. ';\ rr' iA~ "SABO 'CTj i~,\ ''''''{'' " ..':~:, ',~r- 1 i-" -t-- i ..... -T'- ; , : __ l --'+r'---';-----+ --------1 "Fe" L-MAHANDR --' "./ I 0::: .,----~ C I- 0::: <l: ::l l- I/) ,..,...--T " \ \ " \ \ \ \ .' "-s-o / t- " , C'~~ ;~ l . <>~ ' t-~ , ctO ( '" "'''" "...~. \ /\ \ , \~'<<~~\ 4---~ .-----~-"I I 1 .'-"'4" , ..! . , : :.'-~ -~ - I i -- [jIJ:' , ,. '.' . I ---'-"-~--"i '- ,j... --J fn_- .. '-/-1 L_~__ ____nO _ml-" --'-~"--~---"l .'if-'j I 3'3 I ; ,..----------.-....-{ 1,_ r--'--I_ :_---~ <___ .____ 1 ,- _ /~/.,__' r' '. I i ~,.--~.-....---------r.---..-."-.--" 1 I J I , "'--'~'--1 'I' . I I I \,,~_~1__. J_~~,_L MOHAWK DR i ,..,'.' ? ~ _J,./'~,< . ~~"~ I , I "J 1 ~,-.,r'................'-\ \.". '''-- / / l , ""'J8 ~c;y - --------------------- Disclaimer: The City of La Porte makes no representation or warranty as to tile accuracy of thIs map and as information nor to as fitness for use. Any user of this map product accepts the same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further agrees to not hOld the CIty of La Porte liable from any damage, loss, or liability atfslng from any use of the map product. Independent verification of all information contained on this map should be obtained by the end user I I I I I I I I I t ______----------- ---------------------- .............' . . . I rA: - " TEJAS CT /. 'f i I 'r". - '- " r I ! .l , , .....-1_ ..._.1 1 I I 1../...- -l. .L____--L , y"--"-"-- i ,"-,', ./ : I ~'T . \ _1._J~_L___1_....__._ FAIRMONT PK La Porte GIS Mapping .J / ! 0::: C W W Z ~ 0- ) 1 t.... ,..._,_ _ "w+._.1-.. SIOUX DR , r- ---r-'---r ! 1 ! I I I "1..,,..1 ~/ / /'--,,- ,,' . ., \ '.' / ..';r---- -\ \., ./~ /,j/ Hr "~"IS'GI / ,,/ ~~j ,//'\ I ~1l ' ,/ /'~~~ . ./ .. / ~~~v Ii,). /)~,_ . / / ""'" I ( I / / - ""'./ / I / , .._-~ I i '''/ i l i , I /r:::': l. 1 --------.j .. DRY SPRINGS DR ....1 1 I CANIFF RD .. '^'~r"~ 1 I ... Legend Q Property Lines --- Drainage Channels Raillines .. City Limits ----- 1 "equals 267 ' e 1.f PETITION TO THE LA PORTE CITY COUNCIRECEBVED Rezone Request #R06-003 from (R-2) to (Ge) DEe 0 8 2006 CITY SECRETARY'S We are OPPOSED to the rezoning of the property described as OFFICE TRS 692C, 693B, J06 and 707 (17.7717), La Porte Outlots as recorded in Volume 83, page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte Harris County, Texas. Address Phone' 2-2,S &~ U ;2(( I -t(-,Cf - i'13 3 ~ 8..~/-4t -~77~ qJO~ (JgJtAiil? ~~ d8(- 471' c1(;;S-O d~( -Q3{)-/'l'lq 29 J- '- ~832 I?-t/~ t)Zt3 c~ ~~~ 2-'6 i - MI--11914~ 2. 8 ~. y 7 1.5-<::)" b PETITION TO THE LA PORTE CITY COUNCIL Rezone Request #R06-003 from (R-2) to (GC) Weare OPPOSED to the rezoning of the property described as TRS 692C, 693B, :706 and 707 (17.7717), La Porte Outlots as recorded in Volume 83, page 344~ of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte Harris County, Texas. Name ~. ~.~' /-> n/ r( -) .. . \ , I \ . L \f?t~~c> y (VI n -tf 111 SG 1/ _.' t-'" L \ \ c\\~(Yd.'~\'\ e,~ 6 f ke '" ^ :i!.. k-L.- Address Phone' '\ 2DL )4 Y\ ~\x.. C'\- ~2-~! 5~;y M~4 C. 92 L. 5" /Y!1f/fA7tl 'h2- -781- Sl{z-b~1z.. "--..,__.- .,_~3 9~/7 J/YJ/1I!/ld p~ )) 6? Cj / ~ if 7$';'6<;f'S';;Z (f ) ) {I 'd tJ g , ~ t/- (7(-071 /dO ~ m /:J h/V;1JL)/ dil '4)t~ 0)/) ~ - Cj~ ~ 1- M~ ""Cd\ D,.... '1.8';- Q3c...c-r::rTl '1203' MchAW k cl/, !ZY'{ '{-f lr O{ rS- 2j;\ -[i)J - O~QCj A S ~. ;)25/-41(" -4~SLf PETITION TO THE LA PORTE CITY COUNCIL Rezone Request #R06-003 from (R-2) to (GC) We are OPPOSED to the rezoning of the property described as TRS 692C, 693B, 706 and 707 (17.7717), La Porte Outlots as recorded in Volume 83, page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte Harris County, Texas. Address Phone Y/ -17~'-S$fq dtll-) c.jz- 072 Y d<?/-f- '/9~g eJ/S- 3 '7 3 J C~u.) CLk'lvw \~-r. ~ ~l - s-~!Z- - /9 Z-() G~c{~ vJ ~. 2rl- if }1' ~i2 qcy I*- d6}5LJ~1~O ~oclc(w IA C(I 930 13 1 37 OS- C;-/{)CI11w ~2,,-hl./(;-3150 3~~/ (/;od{lll.~ drf/-i]tJ~f7~7 3 L "3 c h 0 -c-r A- w ;;2 S- 1-- 47 b 19 foO ~~~'S ~\11 c;"Jn h M ~~d. (\\'\Ol'J--f.\ u) ~I-~- 1Clt 10 PETITION TO THE LA PORTE CITY COUNCIL Rezone Request #R06-003 from (R-2) to (GC) We are OPPOSED to the rezoning of the property described as TRS 692C, 693B, :706 and 707 (17.7717), La Porte Outlots as . recorded in Volume 83, page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte Harris County, Texas. Name Address Phone' -/.', '~~., \ \ ')_l{ /.... )..~o-~7,7/ t'9-q6~~&8~b FJ2--LJ8'f-ibC/'Z PETITION TO THE LA PORTE CITY COUNCIL Rezone Request #R06-003 from (R-2) to (GC) We are OPPOSED to the rezoning of the property described as TRS 692C, 693B, :706 and 707 (17.7717), La Porte Outlots as recorded in Volume 83, page 344, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, La Porte Harris County, Texas. Name Address Phone' "'-.. -~..- ~rVe7se.Q 1)lua'=C ~\'ly) Ar\l'l'S-\rcJ\ .~ r~/e()/t tV {l,4, i\\{>as 'fim y Klli5 9~ 01 fl:..\~ s C'/ - q:;bO I~~QS 9.;XJtl /6: fl1'S t/ T . a d -r, /';j' t.J () D te\ (;( ~ '-:;. . o d()/ !/77GGSb ~\ -l.\'78 -Od-~~ d-15( - 'I1Cj-3r7? - d8/-~130-oStx)