HomeMy WebLinkAboutO-2005-1501-HHHH R05-002 Failed
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 2 2005
Appropriation
Requested By: Wayne Sabo
Source of Funds:
N/A
Department: Planninl!
Account Number:
N/A
Report: _Resolution: _Ordinance:....K...-
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
p & Z Staff Report
Aerial w/200'radius Map
Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their February 17, 2005, meeting, held a public hearing to
receive citizen comments regarding Rezone Request #R05-002. This request is for the property located in the
3900 Block of Underwood Road adjacent to the Summer Winds Subdivision. The subject tracts comprise
approximately 14.5 acres ofland, described as TRS 813 & N 300 ft. oflts. 698 & 699 (4.7047 ac.), TRS 698A,
699A & 814 (4.8700 ac.), and TR 698B & 699B & 815 (4.8900 ac.) La Porte Outlots, W.M. Jones Survey,
Abstract 482, La Porte, Harris County, Texas. Currently, the adjacent properties are single-family residential.
The applicant, Michael Fisco, is requesting a rezone from Low-Density Residential (R-I) and Medium density
Residential (R-2) to Neighborhood Commercial (NC).
The subject property has commercial establishments operating as pre-existing and non-conforming for several
years. The purpose of rezone request is to bring some degree of non-conformity into a more-conforming use
with the current ordinances. In addition, it would provide for better land use opportunities, some degree of
conformity with the current ordinances, and protect neighboring residential uses by conforming the land use to
neighborhood commercial development only. Being in the vicinity of several neighborhoods, the property in
question is suitable for the requested change to NC. Staff recommendation was in support of the request.
As required by Ordinance, seventy notices of public hearing were mailed to property owners within 200' of the
site. The City received one response in favor and nine opposed. Four additional responses in opposition were
received at the P&Z meeting. While the use of the property was not in question, neighboring residents objected
the animals grazing on the property. With proper acreage, animals are permitted as an accessory use under the
current zoning ofR-1 and R-2, and would be permitted under neighborhood commercial (NC).
The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request
#R05-002.
Action Required bv Council:
I. Conduct public hearing.
2. Consider and take action on ordinance to rezone 14.5 acres ofland located in the 3900 block of Underwood
Road from R-I and R-2 to NC as requested by the applicant, Michael Fisco. The Planning and Zoning
Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of9
members.
Approved for City Council A2enda
3- ;;;(::( ~ 0 5
Date
ORDINANCE NO. 1501-flHnH f) r 0 i Aa. rt~ II tA{
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, I
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 AND MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL
REQUESTED BY MR. MICHAEL FISCO, OF AAA FLEXIBLE PIPE CLEANING COMPANY
LOCATED AT 3900 UNDERWOOD ROAD, ADJOINING THE SUMMER WINDS SUBDIVISION,
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 17th day of February 2005, 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 February 17, 2005,
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 February 28, 2005, 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. 1501-111111 H
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 28th day of March, 2005, 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.
8y 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 Low-Density Residential (R-1) and Medium Density Residential
(R-2) to Neighborhood Commercial (NC). The description of said parcels of land is as
follows, to-wit:
"TRS 813 & N 300 ft. of Its. 698 & 699 (4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.),
and TR 6988 & 6998 & 815 (4.8900 ac.) La Porte Outlots, W.M. Jones Survey, Abstract
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
ORDINANCE NO. 1501- J.lH#H
Page 3
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
day of March, 20.?f'
CITY OF LA PORTE
rJ fL Oi PeA:ta a/
By:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
ity 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 17th day of February, 2005, in the Council Chambers of City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-002,
submitted by Michael A. Fisco c/o La Porte Properties, LLC., for the property located at 3900
Underwood Road. The property is further described as TR 813 & N 300 ft. ofLTS. 698 & 699
(4.7047 ac.), TRS 698A, 699A & 814 (4.8700 ac.), and TRS 698B, 699B & 815 (4.8900 ac.),
La Porte Outlots, according to the map thereof, recorded in Volume 83, Page 344 of the Deed
Records of Harris County, being out of and a part of the W. M. Jones Survey, Abstract 482,
La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Low-
Density Residential (R-1), Medium Density Residential (R-2) to Neighborhood Commercial
(NC).
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
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) 471-5030 for fUrther information.
"._XHIBfl 1\
THE STATE OF TEXAS
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COUN-rf OFliARRIS
CITY'()FLAPORTE
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the undersigned authority, on this date
peared Karolyn Kellogg, a duly authorized
ive of The Bayshore Sun, a semi-weekly
~ublished and generally distributed in the
.~~!;\,69,9~~:r:; Porte, Harris County, Texas an~ who after
'.'~.~.").t.'~.'.'t'(l.p.;.'.'..?.."'th'....".'e;'".i."..,. sworn, swears the attached notlce was
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Sworn and subscribed before me this l1-r!i
7-M~ , 2005.
day of
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Sandra E. Bumgarner
Notary Public
H~rris County, ~exas
My Commission Expires April 30, 2006
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City of La Porte
Established 1892
February 28,2005
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R05-002
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting,
held a public hearing to consider Rezone Request #R05-002. The property, a.k.a. AAA
Flexible Pipe Cleaning Co. Inc., is located at 3900 Underwood Road. It is further
described as as TR 813 & N 300 ft. ofLTS. 698 & 699 (4.7047 ac.), TRS 698A, 699A &
814 (4.8700 ac.), and TRS 698B, 699B & 815 (4.8900 ac.), La Porte Outlots, according to
the map thereof, recorded in Volume 83, Page 344 of the Deed Records of Harris County,
being out of and a part of the W. M. Jones Survey, Abstract 482, La Porte, Harris County,
Texas., The applicant seeks to have property rezoned from Low Density Residential (R-l)
and Medium Density Residential (R-2) to Neighborhood Commercial (NC).
The Planning and Zoning Commission, by a (4-3) vote, has recommended denial of
Rezone Request #R05-002.
604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
:2XHIBrr C
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 City Council will conduct a public hearing at 6:00 P.M. on the 28th day of March,
2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider rezone request #R05-002, submitted by Michael A. Fisco
c/o La Porte Properties, LLC., for the property located at 3900 Underwood Road. The property
is further described as TR 813 & N 300 ft. ofLTS. 698 & 699 (4.7047 ac.), TRS 698A, 699A &
814 (4.8700 ac.), and TRS 698B, 699B & 815 (4.8900 ac.), La Porte Outlots, according to the
map thereof, recorded in Volume 83, Page 344 of the Deed Records of Harris County, being out
of and a part of the W. M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. The
applicant seeks to have this property rezoned from Low-Density Residential (R-1), Medium
Density Residential (R-2) to Neighborhood Commercial (NC).
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
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) 47J-5030for fUrther information.
~~XHIBIl D
THE STME Of__JB<AS
'. COUNTY ~,E ,H,ARRIS
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281-471-1234
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NOTICE OF PUBLIC
,HEARING
wno the P:::""-= e
tion106~171of.the City of
La Porte's Code , of9rdi-
minc6s, and fuEi provision:>
of. the. ,Texas .... LOcal' Gave
ernment .,' .Code.;::Ootice .' is
hereby given that the City
Counpil will conduct a pub-
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. ttle '. .~t,March,
2 , hei;,;COilOcil
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West ay,
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consider" r uesl
#R05-002, s .' by
, Michael A.Fi?qo clo.Lli '
Porte ProPerties, LtC.; for
thepropertyloQat~}at , the undersigned authority, on this date
3900"Unde,rwOO<f'Road.) appeared Karolyn Kellogg, a duly authorized
. The property is fllrth,e,r ,de.,.. . .
scribecla$TR8t:r~;;N ...' atl.ve of The Bayshore Sun, a se11u-weekly
300ft. ofLTS.69$&'6~:' published and generally distributed in the
~~~~r:~1'(~;rio6~t)~a porte, Harris County, Texas an<;l who after
andTRS:698~,()Sl9B&\lY sworn, swears the attached notl.ce was
815,(4)890t).l:I<<,),~.~tteT~ in The Bayshore Sun dated 03//3 /oS-
Outlots, . accordlngtoth.ej . .
map thereof, re,C?rded If! "
Volume~3.''page'344of i "
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cant seeks to . have. thisf
property.. 'reioned.!; ffpni' i
low.;Deii'$itf r. R~~i<:t~ntial .
(Ren, .MediumtD~risity I
Residential (R~2) to, Neigh- i
boihoodCommerci<l.1 {N9F~ subscribed before me this
> ,I ' 200 5 .
A fegulatrn~et- :
jog of the City Cou.l'l9ifwill
follow the public hearing to ~
act upon thepubli~ heare '
ing itemsandtoeonduct I
other matters Pertaining to Bumgarner
the Council. '. (.l1b 1 i c
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Staff Report
February 17, 2005
Zone Change Request #R 05-002
Requested for: TRS 813 & N 300 ft. of Its. 698 & 699 (4.7047 ac.), TRS 698A,
699A & 814 (4.8700 ac.), and TR 698B & 699B & 815 (4.8900 ac.)
La Porte Outlots, W.M. Jones Survey, Abstract 482, La Porte, Harris
County, Texas.
Locations: 3900 Underwood Road
Present Zonine:: Low-Density Residential, R-l and Medium Density Residential, R-2
Requested Zonine:: Neighborhood Commercial, NC
Back2:round:
· The property in question is located along Underwood Road
between Spencer Highway and Fairmont Parkway.
· AAA Flexible Pipe Cleaning Company, Inc. has been in business
since 1958. The company moved its headquarters from South
Houston to La Porte in 1972.
· The nature of their business is to clean, video inspect, and repair
sewer lines for commercial, municipal, and residential clientele.
· R.L. Utilities, Inc. is serving the utility construction community
since 1983. It specializes in water and sewer underground utility
construction, repair work, rehabilitation work, sliplining, and site
work for municipalities as well as commercial properties.
· The subject property has commercial establishments operating as
pre-existing and non-conforming for several years.
· The purpose of rezone request is to bring some degree of non-
conformity into more-conforming with the current ordinances.
Analvsis:
The property described above is located on the west side of
Underwood Road and is in the vicinity of Fairmont Park West,
Summer Winds, and Spenwick Subdivisions, miscellaneous
commercial retail, and Baker Junior School. Total area of the
property is approx. 14.5 acres. An existing office building!
Zone Change #R 05-002
February 17,2005
Page 2 of4
establishment site is approx. 4.89 acres (30% of the total area),
while the rest of the tract (70%) is vacant and fenced all around.
The site under consideration is currently zoned Low-Density
Residential (R-l) and Medium Density Residential (R-2). The
property is located along Underwood Road, which is a primary
arterial for north and south running traffic from Fairmont Parkway
enroute to S.H. 225.
Currently, the facility is being operated under SIC Code# 7699
(Miscellaneous Repair Services), which is a permitted use in General
Commercial (GC) zone. The operation at this site is considered to be
pre-existing and non-conforming. Keeping in view the future
development of adjoining tracts and due to the broader ranges of uses
allowed in GC zones, the NC zone is, by comparison, not as
attractive for business development. The area in which the subject
tract is located is one that, based on the criteria established by the
City's Comprehensive Plan, is suitable for the requested zone. Staff
feels that it will provide for better land use opportunities, some
degree of conformity with the current ordinances, and protect
neighboring residential uses by conforming the land use to
neighborhood commercial development.
Conformance of a zoning request with the Land Use Plan is one
consideration among several criteria to be considered for approving
the zone change request. Other criteria may include:
· Character of the surrounding and adjacent areas;
· 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.
Land Use -- A zoning change from Low-Density Residential (R-l)
and Medium Density Residential (R-2) to Neighborhood
Commercial (NC) would be compatible with the surrounding area.
Neighborhood Commercial zones are designed to provide services
and goods only for the surrounding neighborhoods and are not
intended to draw customers from the entire community. The zones
Zone Change #R 05-002
February 17,2005
Page 3 of4
Conclusion:
Recommendations
are intended to be small in size, located in close proximity to
residential developments and situated so that they are not in direct
competition with areas of General Commercial development.
Some of the other uses allowed in a Neighborhood Commercial
districts are as follows:
Antique stores
Doctors and dentists offices
Drugstores
Eating places
Financial
Hardware stores
Parking Garages and Ramps
Personal services
Professional offices
Recreational facilities
Review of the City's Land Use Plan shows the subject tract is
envisioned as developing for low-density residential uses. Current
developments, however, include single-family residential, Junior
High school, and retail commercial. Existing development at this
particular property is considered to be pre-existing and non-
conforming. The proposed rezone seems to be compatible in making
current development "more conforming".
Transportation - The tract in question gains access along
Underwood Road, a primary arterial with 1 00' public right-of-way
will accommodate the additional traffic generated by any future
development at this site.
Utilities -Utilities are in place to support the present development.
No additional utilities will be needed for future projects. Storm
water drainage will be reviewed carefully with the development plan
submittal for the future projects.
The tract in question is suitable for the requested change. There are
some commercial properties in the close proximity to these tracts.
The development within the subject tracts should not have any
adverse impact on the surrounding area. A change from residential to
commercial should not negatively impact the surrounding properties
and should not harm the value of the nearby properties. The overall
impact on public services will be minimal. Moreover, the change
would not adversely impact the public health, safety, and welfare of
the City.
Based on the above analysis, staff finds the requested change is
compatible with the zoning and uses of nearby properties and
Zone Change #R 05-002
February 17,2005
Page 4 of 4
recommends approval. The property in question is suitable for the
requested change to NC. Staff recommends changing the zoning
designation of these tracts from R-I, R-2 to NC.
Actions available to the Commission are listed below:
. Recommend to Council approval of this rezoning request
from R-I, R-2 to NC.
· Recommend to Council denial of this rezoning request from
R-I, R-2 to NC.
. Table this item for further consideration by the Commission.
N.T.S.
LEGEND
ROS-002
REZONE RE~UEST
AAA FLEXIBLE PIPE CLEANING
PROPERTY LINES
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LEGEND
REZONE REQUEST #R 05-002
TRS 698A, 698B, 699A, 699B, 813, 814 & 815
LA PORTE OUTLOTS
R-l. . . . LOW DENSITY RESIDENTIAL
R-2. .MEDIUM DENSITY RESIDENTIAL
PROPOSED AREA OF REZONE
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