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Home My WebLink AboutO-2006-1501-Y4 R05-009 ~.- ~,----~~--------~~- ,.__.~---,,--~_._'-~.--~_.. REQUEST FOR CITY COUNCIL AGENDA ITEM 13 2006 Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A Department: Planninl! Report: Resolution: Ordinance: X Exhibits: Ordinance Aerial Map Zoning Map Staff Report Public Notice Response SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their January 19, 2006 meeting, held a public hearing to receive citizen comments regarding Rezone Request #R05-009. This request involves 2.2268 acres ofland located in the 1300 Block of South Broadway, further described as the East 115' of Lots 1-16 and Lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks a zone change from General Commercial (GC) to High Density Residential (R-3) for a proposed townhouse development adjacent to the Churchill Place Apartments. During a review of the Zoning Map, staff found the property on adjacent Blocks 1121 and 1122 is zoned General Commercial (GC). The present facility on these blocks, Churchill Place Apartments, was built in 2001. The new multi- family regulations were approved in 2003. The existing facility is deemed pre-existing and non-conforming. City staff is using this opportunity to extend the R-3 zone to include Blocks 1121 and 1122 to eliminate the nonconformity. The La Porte Comprehensive Plan and Land Use Map show this area developing as Mid to High Density Residential. The subject site is within close proximity to mixed use developments, i.e. townhouses, apartments, commercial, and recreational activities. The subject property may no longer be utilized for multi-family development due to the nearby apartment complex (Churchill Place Apartments). Current ordinance requirements do not allow a multi-family development with 50 or more units to be located within 1,000 ft. of another multi-family development of 20 or more units. The proposed townhouse development is designed on single lot configuration with property lines separating each unit. It is not considered a multi-family development, which consists of four or more dwelling units on a lot. As required by ordinance, notices of public hearing were mailed to 4Tproperty owners within 200' of the subject site. The City received one response favoring the rezone. By unanimous vote, the Planning and Zoning Commission recommends Council approval of Rezone Request #R05-009. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve #Rezone Request #R05-009 rezoning the referenced property from General Commercial(GC) to High Density Residential (R-3). Approved for City Council Ae:enda rr6 Date ORDINANCE NO. 1501-# 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 GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL AS REQUESTED FOR THE PROPERTY LOCATED ALONG SOUTH BROADWAY 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 19th day of January 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 "8", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on January 19, 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 January 20, 2006, a ORDINANCE NO. 1501-~ Page 2 true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 13th day of February, 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 from General Commercial (GC) to High Density Residential (R-3)." The description of said parcels of land rezoned to High Density Residential (R-3) is as follows, to-wit. "East 115' of Lots 1-16 and Lots 17-32, Block 1159, Blocks 1121 and 1122, Town of La Porte, Johnson Hunter Survey, Abstract 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 ORDINANCE NO. 1501-rl 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 f..eb. , 2006. :~TY=LY~ ALTON PORTER, Mayor ATTEST: BY~g, ~ MARTHA GILLE ,City Secretary City of La Porte Established 1892 Honorable Mayor Alton Porter and City Council City of La Porte ~S'C""fi::.':.~ .. ~M ..,,' ., w j\<. /!.:, :\"", .",Ii' IFEB 0 3 Jnnfl CITy seeR' . OFF/2,EJil\ 'f'S January 20,2006 Re: Rezone Request #R05-009 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its January 19, 2006, meeting, held a public hearing to consider Rezone Request #R05-009. The Covenant Neighborhoods, Inc., is seeking this rezone request from General Commercial (GC) to High Density Residential (R-3) for proposed townhouse development to be located along South Broadway across from the City of La Porte's Recreation and Fitness Center. The property is further described as East 115' of lots 1-16 and lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. In addition, the City of La Porte is seeking a zone change from General Commercial to High Density Residential for the property on Blocks 1121 & 1122 to conform to the current uses represented by the Churchill Place Apartments. The Planning and Zoning Commission, by unanimous vote (8-0), has recommended approval of Rezone Request #R05-009. Respectfully submitted, i~s on Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 usLi(5NQi,CES/ ... . .,t--'-:.;.:;..,' ' ;~;~:~T-f()~~I~S .... OUNTY;J~fl;l~R~IS .-. ~~-....::~-::(,!:~t'..;;-<V{;~~~{'(/':):" .. ITYPF ~A P9flTE 320 S. 8th Street Porte, Texas 77571 281-471-1234 Fax 281-471-5763 .....,<'-".;.--c i.-." NO~7~J.l'he B re Sun thority, on this date came and authorized representative of The wspaper published and generally e, Harris County, Texas and who attached notice was published in ~ b ~ os day of Peggy Lee Notary Public Harris County, Texas 1111111111111111111111111111 i 1111111111111111111111111 ~ .?<~'Y p"e(~ _ PEGGY LEE E ~ *~'" * NOTARY PUBLIC - STATE OF TEXAS E = f?::{ MY COMMISSION EXPIRES = - "';.. "l' _ :: "" OF ,~i-T- SEPTEMBER 24, 2007 :: iil II III 1111 I JII III III IIIHBlI II lillllllli (1II11111ii - - , '~X~~i~a'r:~~: City of La Porte Established 1892 January 20, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-009 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its January 19, 2006, meeting, held a public hearing to consider Rezone Request #R05-009. The Covenant Neighborhoods, Inc., is seeking this rezone request from General Commercial (GC) to High Density Residential (R-3) for proposed townhouse development to be located along South Broadway across from the City of La Porte's Recreation and Fitness Center. The property is further described as East 115' oflots 1-16 and lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. In addition, the City of La Porte is seeking a zone change from General Commercial to High Density Residential for the property on Blocks 1121 & 1122 to conform to the current uses represented by the Churchill Place Apartments. The Planning and Zoning Commission, by unanimous vote (8-0), has recommended approval of Rezone Request #R05-009. Respectfully submitted, l~s on Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 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 13th day of February, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-009, for 2.2268 acres ofland described as East 115' oflots 1-16 and lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, A- 35, La Porte, Harris County, Texas. The Covenant Neighborhoods, Inc., on behalf of Jack McCoy, the property owner, is seeking this rezone request from General Commercial (GC) to High Density Residential (R-3) for proposed townhouse development to be located along South Broadway across from the City of La Porte's Recreation and Fitness Center. In addition, the City of La Porte is seeking a zone change from General Commercial to High Density Residential for the property on Blocks 1121 & 1122 to conform to the current uses represented by the Churchill Place Apartments. 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 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 the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. "':\ "H~ H ,...,,~"t'" --", h~t1~.g~;;~~. rt~l; .... -.... ..... TY,9FlA,\ORT~_ 820 S. 8th Street "...... -::-7)" Porte, Texas 77571 NOTlGEOFPUBLl9 ., HEARING. ';,1 B 281-471-1234 Fax 281-471-5763 .".:....'.......'..fb .... . '.- '-' '.'- ...---,.--", .- '.' ..--....... --.'. --.. , '.'/.;"'Yl~ \a~cordan9~'.. lhtflE(RWvl~i9Ils()f, '~43c: ~ ~106.f71.?t.1he .,99d~ :~~~~~o~, . e La Porte,. ,..' ins" "".'tf '~'~~Y Lee . , . .(iry Public ... '.. . >;~:is County Texas :6:ddi~~c~~~egii: "'~ ' ~~~~R~ ~ln~';~UI,~~.~o.',.1 sign In befor~,tQ~ meet! .... is con y of La Porte unty of Harris te of Texas fore me, the undersigned authority, on this date came and eared Karolyn Kellogg, a duly authorized representative of The yshore Sun, a semi-weekly newspaper published and generally tributed in the City of La Porte, Harris County, Texas and who r being duly sworn, swears the attached notice was published in e Bayshore Sun dated O/-d9-1)(" before me this ~ day of '~;~ja.."~~ . .-; ;.,~---.,:' :.'r<,~?,< -~_.~~~:~~:.~~~'':'''_:.~---''-. ~HIt3~T";r ..cJ Staff Report January 19, 2006 Zone Change Request #R05-009 Requested by: David Kim, Project Manager, Covenant Neighborhoods, Inc. on behalf of Mr. Jack McCoy, the property owner Requested for: East 115' of Lots 1-16 & lots 17-32, Block 1159, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Location: 1300 Block of South Broadway Present Zonin!!: General Commercial (GC) Requested Zonm!!: High Density Residential (R-3) Back2round: The property in question is a 2.2268-acre tract of undeveloped land, being east 115 ft. oflots 1-16 and 17-32 of block 1159 located across from the City of La Porte's recreation and fitness center at 1302 South Broadway. The subject tract is just south of the senior citizen's residence known as "Churchill Place Apartments" located at 1201 South Broadway. The property is strategically located in the near vicinity of mixed-use developments, i.e. single-family residential, townhouse/apartment complex, and commercial establishments. The subject property on block 1159 is currently zoned General Commercial. The property represented by the Churchill Place Apartments, Inc. splits into two zoning classifications; General Commercial and High Density Residential. A significant portion of the complex is on the property zoned General Commercial. Currently, the present facility on blocks 1121 and 1122 is determined to be pre-existing and non-conforming, based on the new multi-family regulations approved after its construction. Staff is using this opportunity to remove some degree of non-conformity by seeking to rezone blocks 1121 and 1122 from General Commercial to High Density Residential to bring the entire property in compliance with the current ordinances. The applicant is seeking this rezoning to construct a townhouse development (single lot configuration). A similar townhouse development east of Churchill Place Apartments is located on block 1120, between Oregon and Montana Streets and is zoned High Density Residential. The applicant is also seeking 16' alley in block 1159 and portions of East "L" Street and Texas Avenue, closed by the City to create one unified lot for this proposed development. Once the developer purchases the street/alley portion and adjoining property, the total acreage of the tract to be developed will equal 5.5 acres. #R 05-009 P&Z 1/19/06 Page 2 of 4 Analvsis: The commercial classification is intended to provide for the establishment of business, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These commercial establishments are to provide services and goods for the surrounding neighborhoods, area residents/visitors and are intended to draw customers from the other geographic area as well. In considering this request, Staff has reviewed the Development Ordinance as well as elements of the Comprehensive Plan, including: Land Use, Transportation, Utilities, and Development Strategy. Land Use - The Land Use Plan indicates this area is envisioned as developing as commercial and mid to high density residential with frontage along Fairmont Parkway as commercial uses. The tract in question is within the vicinity of residential/commercial establishments along the major thoroughfare. Conformance of a zoning request with the Land Use plan is one among several criteria to be considered in approval or denial of an application. Other criteria may include: . Character of the surrounding and adjacent areas; . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - The property is located approximately 850' south of Fairmont Parkway along South Broadway (Old Highway 146). South Broadway with 100'ROW, provides more than adequate accessibility for circulation of traffic and should accommodate the traffic generated by this #R 05-009 P&Z 1/19/06 Page 3 of4 proposed development. There should be minimal impact on traffic flow to and from the abutting residential neighborhoods. Internal roadways shall be designed and constructed in conformance with the City Standards. Since traffic movement is the primary function of this roadway, access management for this development would be essential. Driveways connecting directly onto this roadway should be minimized to avoid traffic congestion and other delays caused by north and south bound traffic along South Broadway near intersection with Fairmont Parkway. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. Provisions will have to be made to ensure that all on-site infrastructure or improvements can accommodate the water and sanitary sewer needs of this development. The storm water drainage issue will be reviewed with the site development plans. Development Strategy - One of the tenets of the Comprehensive Plan is to encourage new construction of vacant properties. It is also important that the City consider action to attract the types of new developments using an effective development process. One way this may be achieved is by encouraging in-fill development within existing infrastructure service areas. Here, it is noted that the property is no longer able to be used as an apartment complex due to nearby Churchill Place Apartments and 1,000 ft rule, which states that no multi-family development with 50 or more units shall be located within 1,000 ft. of another multi-family development of 20 or more units. Buxton Study - Currently, an economic development study on the La Porte area is underway. The intent is to encourage new sustained investment and attract commercial/retail developments in the area. Geographically, commercial, retail, and service activities could be clustered throughout the City and convenient to residential area. But, commercial developments would preferably be concentrated in nodes along major thoroughfares and intersections. Projection of future growth and tax components may also be considered in this regard. The highest use review report submitted by the applicant reveals that the subject site would be better served by the proposed use, which would blend into an existing use of property to the north and east of this tract. In addition, Ad Valorem tax revenue would be much higher and stable for residential use, rather than commercial use. The addition of 70 homeowners would increase sales tax receipts from existing businesses. The report also compares the potential annual tax revenue from the community versus a likely alternative development. #R 05-009 P&Z 1/19/06 Page 4 of 4 Conclusion! Recommendations: Based on the above analysis, staff finds the requested change conforms to the present zoning and uses of nearby properties. The tract in question is suitable for the requested change to R-3, creating an adjoining residential use. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It should not have a significant impact on traffic conditions in the area and utilities should not be affected. The applicant has demonstrated that the requested zoning would represent the highest and best use of the property. 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 GC to R-3. In addition, City staff is using this opportunity to extend R-3 zoning to existing facility on adjoining property as blocks 1121 and 1122 to bring it in conformance with the current ordinance. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from GC to R-3. . Recommend to Council denial of this rezoning request from GC to R-3. . Table this item for further consideration by the Commission. A Meeting of the La Porte RECEIVED Planni~ & Zonin~ Commission (fype of Meeting) JAN 1 8 2006 PLANNING DEPl Scheduled for January 19, 2006 (Date of Meeting) to Consider Rezone Request #R05-009 (fype of Request) I have received notice of the above referenced public hearing. ~ ~:;, AV~ting t1m 'eque<' fm the following =on" V lam OPPOSED to granting this request for the following reasons: :rfJG (f:::. C M ~ <: a':f Name (please print) ~41~ Jack C. McCoy 1515 RechNay Lane Hou&on, Te~ 77062 City, State, Zip f y:h; b',1 A LaPorte Square Townhomes A proposed development of Covenant Neighborhoods Design and land planning by lnsite Architecture Quality Homes for a Stable Community · Approximately 56 town and patio homes in a family-friendly park setting at 1301 South Broadway. · Extensive landscaping with attractive masonry exteriors, oak cabinets, Energy Star appliances and quality trim. · Estimated pricing from $105,000 - $135,000. c co a.. (]) I · -- en ~ co c -- E -- (]) L- a.. ;a. t;:..,SI --~~.--- \~ '; t: ~f"' . --- ----- --..- '~' ~i:..~~~:rtt ~ '" r ~. Ulr2~rir.lr~rr1\~II{\~! i " 14~~i~ d)+~1fd:Ldil'!~li, ~_i i i If .:-~~ Illll1~Jh~Mtv nl! '~YI:' ~~-:adl;r8;.,rl f . ::Z: :> l' -- I (1 r.,tt::( r. -." - ~ , ::: ~. ~ ~ Ii ~~~'(' ~ t If" " . e' ' t' 'mt ,. ',~ ',," .' ,: L~4 . iii I I, I/p r ,,'1l :.:, - _~.t:.~,......c..II'.i: -'......, " f ' 1 - I~l I! U ........ I \'\~ , . " ;' , ,'. ; :,'Wif," (~\I I " ' ':-Iet!L: ,iit' . . i"l""l!;~'+'~:1 i ) -~' )1 .-+-H~: 'il; ....'_~~~. :. - .":'II~f-"-;-tl I~.ol:l ,.-- ~ \S:>. :~. " "{\I.' . .... '.,6 " .... ...1-:. ! ,.L~-t j (~.'r-3:'~-'-:/) --< ""NQ""~ilfi' ~ ~ ~ ~ ~ \\\ t ~ ~ i~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ \ \ ~ \. ~ "- \~ ~ \ ~ ~ \ I( ~ \~ :s ,ar....... i" ~ \~ \ t/... ~ - ~ "' L- 0 CD 0 - u.. a. "'C c ~ 0 0 I- Q) en I c: CO a.. .... I · -- c: ::> CD L- CD 0 0 - I- u.. ..c ....... en L- I- u.. ... Homes as Best Site Use · Site has not attracted an office or retail user due to its location and traffic count. - Retailers are following residential development and moving to sites west of Highway 146. - Numerous retail vacancies and vacant tracts remain on higher traffic streets such as Fairmont. - Only new retail development near the site is Dollar General, which feeds off Walgreens traffic. - South Broadway serves as a collector rather than a thoroughfare. Homes Yield Higher Revenue · 30 townhomes or 30,000 square feet of retail space would fit on 2.35 acres on Block 1159. · 30 townhomes appraised at an average of $112,000 minus a 20010 homestead exemption would yield ~2,695,000 in taxable value. · The 32,000 square foot retail center at 909 S. Broadway on 2.32 acres with a superior location is appraised by HeAD at ,$525,000, less than 200/0 of the value of the R!QPosed 30 town homes on Block 1159. · Tax revenue from townhomes will be more stable than a commercial development whose stability depends on traffic counts and other uncontrollable factors. - Homes are the Compatible Use · The Project will blend with the Churchill Place senior community and neighboring townhomes and increase the quality and quantity of new homes in LaPorte. · Families will benefit from and support the recreation center on South Broadway. · 56 families will support local businesses and contribute socially to the city.