HomeMy WebLinkAboutO-2001-1501-QQ
REQUEST FOR CITY COUNCIL AGENDA ITEM
Ordinance
Area Map
Mail Out Response
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Agenda Date Requested: May 8,2001
Requested B~: Doug Kn",ppe~
Department: Plannin2
Report: -LResolution: _Ordinance: ~
Exhibits:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their April 19, 2001 meeting, held a public hearing to receive citizen
comments regarding Rezone Request #R 01-002. The applicant is requesting this rezoning from General
Commercial (GC) to Low-Density Residential (R-I) to provide for single-family dwellings.
The total tract in question comprises 15.746 acres of land located on the south side of Spencer Highway between a
pipeline easement and Rizzuto Elementary's access drive, to the east of La Porte Fire Station No.2. As stated in the
request, this rezoning would change 14.2 acres to Low-Density Residential (&1) while the remaining 1.5 acres, with
frontage along Spencer Highway, would retain its current General Commercial (GC) zoning.
Review of the City's adopted Land Use Plan indicates this area is envisioned as developing with mid-tehigh density
residential, where single-family dwellings are permitted by the Zoning Ordinance. Development of adjacent
property is a mix of residential (Fairmont Park East, Sections 3 & 4), religious (Fairmont Park Baptist Church),
educational (Rizzuto Elementary School), and commercial retail (neighborhood stores). Spencer Highway, a
primary arterial, can easily accommodate the traffic generated by this proposed development. Public utilities are
already located in the vicinity. However, it will be developer's responsibility to provide any structures or
improvements necessary for provision of services to this development. Storm water drainage or detention will be
reviewed with the submittal of project development plans.
Staff :fmds the requested change conforms to the intents of the Comprehensive Plan and would be compatible to the
uses of surrounding properties. Development within the subject tract should not negatively impact nor harm the
value of the surrounding properties. In addition, there would not be a significant impact on traffic conditions or
utilities in the area.
Thirty-one notices of public hearing were mailed to surrounding property owners; three responses were received (2
in favor, 1 opposed) and are attached. The Planning and Zoning Commission, by a 3-2 vote, has recommended City
Council approval of Rezone Request #R 01-002.
Options available to Council: 1. Table the item until a specified future meeting date
2. Approve the recommendation from P & Z with a simple majority
3. Disapprove the recommendation from P & Z with a% majority
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Rezone Request #R 01-002.
Approved for City Council A2enda
Q~ T. i1'JL~'-~
Robert T. Herrera, City Manager
15'3.-0\
Date
ORNINANCE 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
CLASSIFICA TION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DA TE 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 April 2001, 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 April 19, 2001, 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 April 20, 2001, a true
copy of which letter is attached hereto as Exhibit "e", incorporated by reference herein
and made a part hereof for all purposes.
ORDINANCE NO. 1501- Jl{)
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 8th day of May, 2001, 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, and the zoning classification
of said parcels of land shall hereafter be "R-1 - Low Density Residential." The
description of said parcels of land rezoned to Low Density Residential is as follows,
to-wit:
TR 3A & 4A, Block 3, W. J. Payne Subdivision, 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-.$.Q.
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 <gH-
day of May, 2001.
By:
ATTEST:
'-
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will cond).lct a pUQlic hearing at 6:00 P.M. on the 19th
day of April, 2001, in the Council Chambers of the City Hall, 604 West Fairmont PaIkway, La
Porte, Texas. The purpose of this hearing is to consider rezone request #R 01-002, which has been
requested for TR 3A & 4A, Block 3, approximately 15.1542 acres of land situated in the W. J.
Payne Subdivision, La Porte, Harris County, Texas. The property in question is located along
Spencer Highway across from La Porte Municipal Airport. The request, submitted by Mr. Eddie
Gray, Trustee for Fairmont Park, N., seeks to have the property in question rezoned from General
Commercial (GC) to Low-Density Residential (R-l). The purpose of the zone change is to provide
for Single-family dwellings.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining.to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
f'EXH I BIT A.
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1200 Hwy. 146
Suite 150
P.O. Box 1414
La Porte, Texas 77571
'--*. .- .-=---- _._=:~:';==::,,.~~~-~~'
281-473
Fax: 281.,
E-mail: baysu
THE ST.trE OF ,~XAS ~
COUNTY OF HARRIS
CITY OF LA PORTE
.'re Su
NOTICE OF PUBLIC
HEARING
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after-:
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated 3/28/01
~AO~lt'ift/~
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this ,.J, Lf- -r H day of p
,2001.
~1 6<~~,-
Sandra E. Bumgarner
Notary Public
Harris County, Texas
In accordance
with the provisions of Sec-
tion 106-171 ot the Code
of Ordinances ot the City
: o! La Porte, and the provi-
sIons ot the Texas Local
Govemment 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 19th day of AprlJ,
2001, in the Council
Chambers ot the City Hall,
604 West Fairmont Park- '
way, La Porte, Texas. The
purpose ot this hearing is :
to consider rezone request :
'#R 01-002, which has
been requested tor TR 3A
& 4A, Block 3, approxi-
mately 15.1542 acres ot
land situated in the W.J.
Payne Subdivision, La ~
Porte Harris County /
Texas. The property i~
question is located along
Spencer Highway across
trom La Porte Municipal
Airport. The request. sub-
mitted by Mr. Eddie Gray;
Trustell~' r F~)rmont Park.
JV., !e~. have the
property,,: question rei-
oned tr6.. Gene. . Com-
mercial . l -Den-
sity Re, de'?r.}> (~. The
purpose ~ the zone
c~ange is to provide tor
Single - tamily dwellings.
. A regular meet-
Ing .ot the Planning and
Zomng Commission will
tollow the public hearing
tor the purpose ot acting
upon the pUblic hearing
. Items and to conduct other
matter pertaining to the
Commssion.
Citizens wishing ~
to address the Commis-
sion pro or con during this
Public Hearing will be re-
quired to sign in betore the
meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBIT .8
City of La Porte
Established 1892
April 20, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R01-002
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its April 19, 2001,
meeting, held a public hearing to consider Rezone Request #R01-002. The
applicant, Eddie V. Gray, Trustee, Fairmont Park, JV. seeks to rezone
15.746 acres on the south side of Spencer Highway, further described as
TRS 3A & 4A, Block 3, W. J. Payne Subdivision, La Porte, Harris County,
Texas. The applicant seeks to have the property rezoned from General
Commercial (GC) to Low-Density Residential (R-1).
The Planning and Zoning Commission has recommended approval of Rezone
Request #RO 1-002.
Respectfully submitted,
110~ r
Betty T. Waters
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
(i
EXHiB\T \J
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 8th day of May, 2001, in
the Council Chambers of the City Hall, 604 West Faitmont Patkway, La Porte, Texas. The purpose
of this hearing is to consider rezone request #R. 01-002, which has been requested for TR 3 A & 4A,
Block 3, comprises 15.746 acres ofland out of W. 1. Payne Subdivision, La Porte, Harris County,
Texas. The property in question is located along south side of Spencer Highway east of La Porte
Fire Station #2. The request, submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., seeks to
have the property in question rezoned from General Commercial (GC) to Low-Density Residential
(R-l). The purpose of the zone change is to provide for Single-family dwellings.
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
City Secretary
EXHIBIT
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1200 Hw}. 146 281-47 COUNTY OF HARRIS
Suite 150 Fax: 281. CITY OF LA PORTE
P.O. Box 1414 E-mail: baysl
La Porte, Texas 77571
NOTICE OF PUBLIC
HEARING
Sin accordance
tl with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Government Code. notice
is hereby given that the La
Porte City Council will con-
duct a hearing at 6:00
P.M. on the 8th day of
May I 2001, in the Council
Chambers of the City Hall,
604 West Fairmont Park-
way, La Porte, Texas. The
purpose of this hearing is
to consider rezone request
#R 01-002. which has
been requested for TR 3A
& 4A, Block 3, comprises
15:746 acres of land out of
W.J. Payne Subdivision.
La Porte, Harris County.
Texas. The property in
que . on is I. ated along
th s' ~f Spe r
Hi et rte
Fire S . re-
quest, ~'tted y Mr.
Eddie a >r tee for
Fairmo P .., seeks
to have the roperty in
question rezoned from
General Commercial (GC)
to Low- Density Residen-
tial (R-1). The purpose of
the zone change is to pro-
vide for Single-family
dwellings.
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after:
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated 4/22/01
~Miqv J:j t~
Karolyn Kellogg
Authorized Representative
,~t.? TI-f
day of ~
Sworn and subscribed before me this
,2001.
~A&~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
A regular meet-
ing 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
City Secretary
EXHIB\T':~
A Meeting of the La Porte
pl~nning and Zon.ing Commission
(Type of Meeting)
Scheduled for
~ffrl/;r
PlANN\NG
Apri119, 2001
(Date of Meeting)
to Consider
Rezone Request #R 01-002
(Type of Request)
I havf:~:~~n,2~,C,~\Of the above referenced public hea,ring.
I am ~ting this request for the following reasons:
N:.Jd ~K ~~.~ ?~~ ~~~I
~Lj /f'n1!Aj ~/1A~' /
. ~
I am OPPOSED to granting this request for the following reasons:
(
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City, te, Zip
Or. (U .!L
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A Meeting of the La Porte
RECEIVED
4-8-01.
PLANNING
Plannin2' and Zonin2' Commission
(Type of Meeting)
Scheduled for
Apri119, 2001
(Date of Meeting)
to Consider
Rezone Request #R 01-002
(Type of Request)
I have received notice of the above referenced public he~g.
I am in FAVOR of granting this request for the following reasons:
La Porte Independent School District Supports the new construction of
high-Quality, affordable single family homes within the City and District
boundaries.
I am OPPOSED to granting this request for the following reasons:
----}-
,//
/,
Dr. John SawyeJ/ /"
N~e (ple~.!;e p&t)
':/~
301 E. Fairmont Parkway
Address
La Porte, TX 77571
City, State, Zip
A Meeting of the La Porte
RECEIVED
- ~6-()/
-
PLANNING
pl~nn;n2' and Zonin2' Commission
(Type of Meeting)
Scheduled for
April 19, 2001
(Date of Meeting)
to Consider
Rezone Request #R 01-002
(Type of Request)
I have received notice of the above referenced public he~g.
I am in FAVOR of gr.mting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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