HomeMy WebLinkAboutO-2005-1501-IIII R05-003 Tabled
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 28. 2005
Requested By: Wayne Sabo ~
Report:
Resolution:
Ordinance: X
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: N/A
Department: Planninl!
Exhibits:
f!) ( ()/ ~.4i1C e-
SUMMARY & RECOMMENDATION a b/-t.
The Planning and Zoning Commission, during their February 17, 2005, meeting, heA pnbli~earing to
receive citizen comments regarding Rezone Request #R05-003. This request is for the property located at 11820
North "H" Street approximately 300 ft. west of Sens Road. The subject tract comprises 2.08 acres of land
described as TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County,
Texas. Current development is considered to be commercial in nature. City's proposed Fire Station No.3 will
be located just east of this facility at the comer of North H and Sens Road. In addition, nearby properties along
Sens Road are commercial and industrial. The adjacent properties to west and north are single-family
residential. The applicant, Richard Detwiler c/o Chem Coast, is requesting a rezone from Low-Density
Residential (R-I) to General Commercial (GC). The purpose of rezone request is to provide for additional office
space and parking facilities.
Ordinance
p & Z Staff Report
Aerial w/200'radius Map
Zoning Map
The subject property has a commercial establishment previously operating as a general commercial permitted
facility in 1987. The present zoning designation of R -I appears to be inappropriate as assigned per official
zoning map of the City when compared with previous zoning map showing the tract as commercial. In addition,
the underlying land use would support commercial designation for the subject tract. The proposed rezone seems
to be compatible with the zoning and uses of nearby properties. Being in the vicinity of several commercial and
industrial establishments along Sens Road, the property in question is suitable for the requested change to GC.
Since this is an existing business, the effect of the change from R-I to GC should not have an adverse impact on
the adjacent properties. Staff viewed this request being justified given the company's initial permit and zoning.
As required by Ordinance, eleven notices of public hearing were mailed to property owners within 200' of the
site. The City received one response in favor of the rezone request. However, several residents of the area
voiced opposition to the rezone request at the P&Z meeting. This opposition centered on the company's nature
and use rather than the proposed expansion.
The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request
#R05-003.
Action Required bv Council:
I. Conduct public hearing.
2. Consider and take action on ordinance to rezone 2.08 acres ofland located at 11820 North "H" Street from
R-l to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To
overturn recommendation, it would require a % vote or 7 of 9 members.
Approved for City Council A2enda
3-;:2~-O3
D
Date
ORDINANCE NO. 1501-1IIT
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 GENERAL COMMERCIAL REQUESTED BY THE CHEM COAST, INC.
LOCATED AT 11820 NORTH H STREET, NEAR SENS ROAD, HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF;
or 0 ;1\4.#1 L f&.JJ/d..
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 1 yth 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-Ilrr
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.
By an affirmative vote of at least three-fourths of the City Council
of the City of La Porte hereby rejects the recommendation of the City of La Porte
Planning and Zoning Commission, and the zoning classification of the hereinafter
described parcels of land, situated within the corporate limits of the City of La Porte, is
hereby reclassified from Low-Density Residential (R-1) to General Commercial (GC).
The description of said parcels of land is as follows, to-wit:
''TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris
County , Texas".
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Map and Classification
contained in this Ordinance as amendments thereto are desirable and in furtherance of
the goals and objectives stated in the City of La Porte's Comprehensive Plan.
ORDINANCE NO. 1501- rrrt
Page 3
"Section 8.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the
day of March, 20Qf
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
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 #R05-003, for the property
located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre
tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 ofthe Deed
Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris
County, Texas. Richard Detwiler c/o Chern Coast, Inc., seeks to have this property rezoned from
Low-Density Residential (R-l) to General Commercial (GC).
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.
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THE STATE OF TEXAS
;:; ,", ..... No, ;.-:.".:..__t. .
. COUNTY OF HARRIS
CITY OF LA PORTE
NOtiCE OF PUBLIC
HEARING .
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281-471-1234
Fax: 281-471-5763
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Sworn and subscribed before me this
'/YI~ , 2005.
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17 -r.!l- day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
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 #R05-003
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting,
held a public hearing to consider Rezone Request #R05-003. The property, a.k.a. Chern
Coast Inc., is located at 11820 North 'H' Street. It is further described as TR 239A being a
2.08 acre tract of land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61,
page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey,
Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property
rezoned from Low-Density Residential (R-1) to General Commercial (GC). The purpose of
rezone request is to provide for additional office space and parking facilities.
The Planning and Zoning Commission, by a (4-3) vote, has recommended denial of
Rezone Request #R05-003.
~h~
Pat Muston
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
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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 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 #R05-003,for the property located at 11820 North H Street.
The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the
La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in
the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chern
Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-l) to General
Commercial (GC).
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) 471-5030 for fUrther information.
).
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THE STATE OF TEXAS
COUNTYoF HAARI~
CITY OF LA PORTE
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NOTICE OF PUBLIC
HEARING
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7571
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In accordance with the
provisions in Section 106-
171 of the City of La
Porte's Code of Ordinan-
ces, and the provisions of ~
the Texas Local Govern-
ment Code, notice is here-
by given that the La Porte
City Council will conduct a
public hearing at 6:00P.M.
on the 28th day of March,
2005, in the Council
Chambers of City Hall, 604
West Fairman! . .. rkway,
La P Texa he pur-
pose . ring j~ to
coosi
/tR05- lrris
located. r
Street epr .' .tas .
thet d ..ib~. -'I>..l
. beIng 'a 2.08 a, ."act. rif
land out ofOutlot239in . . .
the La. POrle Outlots.re- he underslgned authorlty, on thls date
..... "d I
corded.inV.oIUlTle. 61,pa9. e. peared Karolyn Kellogg, a dUl. y authorized
374 of.the Deed Reco~s lye of The Bayshore Sun a semi-weekly
of Hams County, Texas, In L . , .; .
the Enoch Brinson Survey, ~bllshed and generally dlstrlbuted ln the
~bstract5, La Porte, l-ia~= forte, . Harris County, Texas an~ who after
ns County" Texas.RI ~worn swears the attached notlce was
charq Detwiler clo Chern P , / /
Coast, Inc;, seeks to nave ~ The Bayshore Sun dated 03 /3 / oS'
this property rezoned from '
Low-Density Residential 'j
(R-1) to General Commer- "
cial (GC).
( ,
A regular meetmg of the
City Council will followfue
public hearing to act upon
the public hearing items
and to conduct other mat-
ters pertaining to the
Council.
~bscribed before me this
2005.
I?-n-I
day of
. Citizens wiShing to ad-
dress the Council pro.' or
con during the public hear-
ing are required 'fo sign in ~
before the lTleeting is con- ),
v,eoed,
~~
CITY OF LA PORTE
Martha Gillett
City Secretary
umgarner
ic
ty, Texas
..This facility has disability
accommodations avail a-
. ble..' Requests for accom-
modations or. interpretive
services. at . meetings
should be made 48 hours
prior to the meeting.
Please contact City Secre-
tary's office at (281) 471"
5020 or TDD Line (281)
471-5030 for further infor-
mation.
.on Expires April 30, 2006
281-471-1234
Fax: 281-471-5763
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Staff Report
February 17,2005
Zone Change Request #R 05-003
ReQuested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots,
Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas.
Locations: 11820 North 'H' Street
Present Zonin2: Low-Density Residential, R-l
ReQuested Zonin2: General Commercial, GC
Back2:round:
. The property in question is located along North Avenue H near
Sens Road in Lomax area.
. At the time of consolidation of Lomax area into the City, the
property in question was assigned a zoning classification of R-l
Residential. This was done under the provisions of Ordinance
780, the Zoning Ordinance in effect at that time.
. During the zoning map review of 1981 (hand drawn color map),
staff found the subject property was zoned Commercial.
. Chern Coast, Inc. was founded in 1981. The business began in
Galena Park. By 1987, the company moved to a new facility in
La Porte. As per HCAD record, the facility was built in 1986.
. On January 26, 1987, as part of the comprehensive rezoning of
La Porte (Ordinance 1501), the subject property shows zoning as
Low-Density Residential (R-l).
. Under Ordinance 780, there were no functional differences
between various types of commercial zoning designations.
Under Ordinance 1501, there are definite differences between
Neighborhood and General Commercial zones.
. In 1992, the City switched to a computer based format for our
zoning map. Zoning map amendments are shown on this
computer generated map.
. The subject property has commercial establishments operating
under the current zoning ordinance 1501 (Chapter 106).
Zone Change #R 05-003
February 17,2005
Page 2 of4
Analvsis:
. The purpose of rezone request is to provide for additional office
space and parking facilities.
During 1991 zoning ordinance review, there were two Neighborhood
Commercial (NC) zones located along the west side of 26th Street
(Sens Road). These zones occupy an area located between North 'H'
Street and northern boundary of the Pine Grove Valley Subdivision.
The Pecan Villa Mobile Home Park separates the two NC zones
(Exhibit). The Commission proposed rezoning of this area from NC
to General Commercial (GC). The legal description of the tracts
being considered was La Porte Outlots 241, 261, 280, TR 260A out
of Outlot 260. This rezoning was proposed in response to the concern
that neighborhood commercial is not the most viable zoning
designation for these tracts.
Chern Coast, Inc. is a full service Inspection Company, independent
analytical testing lab serving the Port of Houston and Gulf Coast
areas since 1981. The company offers variety of services, e.g. field
services, analytical services, and customer service.
Field Services consist of management, dispatch, and the marine
inspectors groups. Analytical Services offer state of the art facilities
and instrumentation to perform a wide variety of chemical analysis.
The company utilizes standard methods and client supplied
methodologies in the testing of sampling. Customer Service provides
the vital support necessary for the coordination of all field and
laboratory operations. The Chern Coast also provides additional
services, e.g. writing of procedures and participates in consultation
with terminal personnel both domestic and international.
The property described above is located to the south of North H
Street at approx. 300 ft. west of Sens Road. The City has purchased
adjoining 1.835 acre tract out of Outlot 240 for future Fire Station
No.3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.)
is owned by Chern Coast. 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 General
Commercial (GC) zone. The request appears to be compatible with
the surrounding uses.
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:
. Zoning and uses of nearby properties;
. Character ofthe surrounding and adjacent areas;
Zone Change #R 05-003
February 17, 2005
Page 3 of4
Conclusion:
. 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 -- Review of the City's Land Use Plan shows the subject
tract is envisioned as developing for commercial uses. Current
development is considered to be commercial in nature. In addition,
nearby properties along Sens Road are commercial/industrial. The
proposed rezone seems to be compatible in making current
development "more conforming" with the ordinances.
Transportation - The tract in question gains access along North H
Street with 60' public right-of-way will accommodate the additional
traffic generated by the proposed development.
Utilities -Utilities are in place to support the proposed development.
No additional utilities will be needed for this project. Storm water
drainage will be reviewed carefully with the development plan
submittal for the proposed project.
The tract in question is suitable for the requested change. There are
General Commercial zone properties in the close proximity to this
tract. The development within the subject tracts should not have any
adverse impact on the surrounding area. A change from Low-Density
Residential to General 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.
When considering a rezoning, the Planning and Zoning Commission
is charged to base its determination on certain criteria and conditions.
A tract of property may be considered for rezoning if it is determined
that:
. The present zoning designation was assigned as a result of error, or;
. The present zoning designation was inappropriate at the time it
was assigned, or;
Zone Change #R 05-003
February 17,2005
Page 4 of 4
Recommendations
· There has been a sufficient degree of change in or around the
area in question to render the present zoning designation
inappropriate.
Based on the siting criteria above, the tract in question is suited for
General Commercial designation. Additionally, the underlying land
use would support commercial designation for the subject tract. It,
therefore, appears that the R -1 zoning assigned to the property in
1987 is inappropriate and an error was made in assigning zoning
classification. Granting the requested change would not be contrary
to the goals and objectives of the Comprehensive Plan.
Based on the above analysis, staff finds the requested change is
compatible with the zoning and uses of nearby properties and
recommends changing the zoning designation of this tract from R-1
toGC.
Actions available to the Commission are listed below:
· Recommend to Council approval of this rezoning request
from R-1 to GC.
· Recommend to Council denial of this rezoning request from
R-1 to Gc.
· Table this item for further consideration by the Commission.
N.T.S.
ROS-003
REZONE RE~UEST
11820 NORTH "H" STREET
PROPERTY LINES
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LEGEND
REZONE REQUEST #R 05-003
TR 239A
LA PORTE OUTLOTS
R-l. .. . .. . LOW DENSITY RESIDENTIAL
_ GC , , . , , , , , , , , . .GENERAL COMMERCIAL
BI ""....,... BUSINESS INDUSTRIAL
PROPOSED AREA OF REZONE
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