HomeMy WebLinkAboutO-2008-1501-G6 R08-001 DENIED change zoning classification GC/LL to PUD, 1241 Underwood
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AUl!ust 11. 2008
Requested By: Tim Tietiens C};v cf~
Department: Planninl!
Appropriation:
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
P & Z Staff Report
Aerial/Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during its July 17,2008, meeting, held a public hearing to receive citizen comments
regarding Rezone Request #R08-00 1. The applicant, Marcus Deal c/o Shaw Maintenance, Inc., seeks to have the
property, described as 21.289 acre tract consisting of lots 367,368,369 and 370, La Porte Outlots, rezoned from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PUD). The property is located at 1241
Underwood Road adjacent to H. B. Zachry north of the intersection of North 'P' Street. The applicant intends to utilize the
property for a laydown yard as a component of the company's business operations.
The existing facility primarily houses personnel and equipment associated with the maintenance and construction operations in
and around Harris County and the Gulf Coast Region. The facility is also involved in miscellaneous shop fabrication of metal
products, a majority of which occurs inside the mechanical shop and is not visible to the public. The facility also had exterior
storage and work activities within residentially zoned portion of the facility, which is prohibited by the Code of Ordinances.
To bring the facility in compliance with the current ordinance, the applicant has removed material and abandoned
outside activities within residentially zoned portion.
The tract is occupied by a pre-existing non-conforming building! structures, i.e. I-story metal shop and fuel storage in the
rear. The front general commercial portion of the facility has operated legally as a nonconforming use. As the previous use of
the rear of the facility for storage/exterior fabrication is lost, the applicant is seeking Planned Unit Development (PUD) zone
to regain the use for that purpose.
A Planned Unit Development (PUD) zone might be considered for a defined transitional period allowing limited industrial use
or laydown yard with the eventual implementation of the underlying land use at the end of said transitional period as applied
in the Special Conditional Use Permit (SCUP), which will be an enforcement or operating tool in this regard.
As required by Ordinance, twelve notices of the public hearing were mailed to property owners within 200' of the subject
site. One response (e-mail) was received in this regard. The Planning and Zoning Commission, by unanimous vote, has
recommended to Council, approval of Rezone Request #R08-00 1.
Action Required bv Council:
1. Conduct public hearing.
Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request
R08-001, rezoning the referenced property from General Commercial (GC) and Large Lot Residential (LL) to Planned
nit Development (PUD).
Ron Bottoms, City Manager
ili~
Date
Den/ed
~/l1 of
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 AND LARGE LOT
RESIDENTIAL TO PLANNED UNIT DEVELOPMENT AS REQUESTED FOR 21.289
ACRE TRACT OF LAND DESCIRIBED AS LOTS 367, 368, 369A AND 370, LA
PORTE OUTLOTS (VOLUME 61, PAGE 374 AS PER H.C.D.R.) BEING SITUATED IN
THE ENOCH BRINSON SURVEY, ABSTRACT NO. 5 AND N. CLOPPER SURVEY,
ABSTRACT NO. 198, CITY OF LA PORTE, HARRIS COUNTY, TEXAS, LOCATED AT
1241 UNDERWOOD ROAD; 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 1 ih day of July 2008, 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 July 17, 2008, 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
ORDINANCE NO. 1501-f:J..L
Page 2
City of La Porte Planning and Zoning Commission, by letter dated July 18, 2008, a 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 11th day of August, 2008, 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) and Large Lot Density Residential (LL) to Planned Unit Development (PUD)." The
description of said parcels of land rezoned is as follows, to-wit.
"21.289 acre parcel of land, described as Lots 367, 368, 369A, and 370, La Porte
Outlots (Volume 61, Page 374 as per H.C.D.R.) and being situated in the Enoch Brinson
Survey, Abstract NO.5 and N. Clopper Survey, Abstract No. 198, City of La Porte, Harris
County , Texas".
ORDINANCE NO. 1501-G (,
Page 3
"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.
"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
,2008.
ATTEST:
Den'leJ j
<6/11/ b 1
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
By:
MARTHA GILLETT, City Secretary
APPROVED:
By: ~-r~
CLARK ASKINS, Assistant City Attorney
#R08-001
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, 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 July 2008, 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 #R08-001, for the property located at 1241
Underwood Road. The property is further described as 21.289 acres being out of lots
367,368,369, 369A, and 370 of the La Porte, Volume 61, Page 374 of the H.C.D.R. and
being situated in the Enoch Brinson Survey, Abstract No.5, of the City of La Porte,
Harris County, Texas. The request submitted by SWINC Acquisition, Inc., seeks to have
the property rezoned from General Commercial (GC) and Large Lot Residential (LL) to
Planned Unit Development (PUD). The purpose of the zone change request is to utilize
the property to its fullest extent for an existing use.
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, TRMC, 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.
EXHIBIT A
II: STATE OF TEXAS l
IUNlY OF HARRIS l
IY OF LA PORTE l
;-',-'..A.--","J7"1
NOTICE OF PUBLIC
HEARING I 820 S. 8th Street
~,;~lLa Porte, Texas 77571
rte's<:~;>~ . Ordl-i
nc8S. noiice 'is hereby.;
en lhatthe La ,Porte
IMing . and Zoning!
.mmisSion will conduct
)?~b1~<~lIIjng al.. 6:00
I. 'on the 17th day of
If '204xl.in' thEi ,. Council
IllmberS.'.' ,of ..' the......iCity
III .'.604' ,West FBirmonl,
~Y.Y;!'ll':"iPorte.i
ilas:' ....The .pU.~ 011
s hearing is ", to conSider '
Izone .. .' ". '.' . . . RiKluesl
10&001. .... for.,.the, prop-
Iy 'Iocatec:l. al .,1241'. Un-
fwood.;Road., ....... .......... The
JJlE'r\y,~s . ,further .,. de-
ribed as ~1}89 acres
inQ'oUt'of!~367.368.
r.':::~;a~ol~of~~.1 Before me, the undersigned authority, on this date came and
;Qe374of thllH.C.D.R.1 appeared Adam Yanelli, a duly authorized representative of The
~~":gB~:~Urv':;j Bayshore Sun, a semi-weekly newspaper published and generally
~rll~NO:~rt:t~eH~~1 distributed in the City of La Porte, Harris County, Texas and who
~itty,T~:binill~~e,:t after being duly sworn, swears the attached notice was published in
~N,9~uiSi!iOO.lnc..! The Baysh re Sun dat 6/29/08
ie[<s .to have,lhe. prop-
Iy' .. reZonEld 'floni Gen-
a!"" Commercial . (GCl
id Large Lol Residential
f~~i~l Aaam
fi~;7~'";r-l
'rilguia('.meetifl!l Ii. the'~1
ari~lng'< .. aild. \ ,ZOning,!
~j~~:6n'hea;,~r=i~S and subscribed before me this 30th
1.fJl!i,$fl .:9f,a~'!PiI >tu.~~,<l worn
ll.;il~'<:,.j;.~~~"'~~~,~ June 2008
ld to'conduct;h!llhef.'~k~ ,.
:mm:::i~i~ .'. }b~;}WI~' ~
~~l1.~tI\~k~
:''j~ngi~U~reqUi=' Notary Public .
eetingisconvened. Harris County, Texas
281-471-1234
Fax 281-471-5763
TheB
re Sun
RE:
PUBLIC NOTICE
CITY OF LA PORTE
Rezone Req #R08-001
City of La Porte
County of Harris
State of Texas
day of
My Commission Exprires 03-13-2012
EXHIBIT
;""
f"~
.."j
City of La Porte
Established 1892
July 18, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Request #R08-001
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during its July 17,2008, meeting, held a
public hearing to consider Rezone Request #R08-001. The subject property is located at
1241 Underwood Road, further described as Lots 367,368,369, and 370, La Porte Outlots,
being situated in the Enoch Brinson Survey, Abstract 5, and N. Clopper Survey, Abstract
198, City of La Porte, Harris County, Texas. The applicant seeks to have the above
property rezoned from General Commercial (GC) and Large Lot Residential (LL) to
Planned Unit Development (PUD) for utilizing the subject property for a laydown yard as
a component of the current business operations.
The Planning and Zoning Commission, by a unanimous vote, has recommended approval
of the above rezone request.
~spectfully submitted,
VJtK..~
Pat MuJg~l~vl
Chairperson, Planning and Zoning Commission
c: Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXHIBIT C
#R08-001
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, 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 August 2008, 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 #R08-001, for the property located at 1241 Underwood
Road. The property is further described as 21.289 acres being out oflots 367, 368, 369,
369A, and 370 ofthe La Porte, Volume 61, Page 374 of the H.C.D.R. and being situated
in the Enoch Brinson Survey, Abstract No.5, of the City of La Porte, Harris County,
Texas. The request submitted by SWINC Acquisition, Inc., seeks to have the property
rezoned from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD). The purpose ofthe zone change request is to utilize the property to
its fullest extent for an existing use.
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, 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.
~ r' ,e;-
- PUBLIC NOTICES
.....:, ~
THE STATE OF TEXAS)
'COUNTY OF HARRIS)
CITY OF LA PORTE)
B
281-471-1234
Fax 281-471-5763
320 S. 8th Street
;Porte, Texas 77571
ith the
'r ~!~l1te
a e hereby
giv n that t La Porte
: City Council conduct ,
. a public ,hearin at 6:oo!
· P.M. on the 11 day 'of
: August , 2008, ,in the
. Council Chambe of the'
. City Hall, 604 est Fair-
" mont Parkway, la Porte, '
: Texas. The urpose of
· this hearing is '0 considerty of La Porte
· Rezone Request,
· "R08-o01 for the prop- ! t f H '
:;r\y loca'ted 1241 Un- ~un Y 0 arns
: ~~;:: i: rther -: ~te of Texas
: scribed as 89 acres I
. being out of 367, 368"
:~9, ~::~, , 37~e of ~tlfore me, the undersigned authority, on this date came and
'::~J\~in~ o:~:/;;'~~beared Adam Yanelli, a duly authorized representative of The
'Enoch Bri 'n Survey,1 h S 'kl bl' h d d II
:Abstract No. , of the Ci~ ys ore un, a semi-wee y newspaper pu IS e an genera y
',of larte, Hams 'b d' h C' f L PH' C T d h
:.:county, Te I . The re- tn ute In t e Ity 0 a orte, arns ounty, ex as an w 0
, quest su Illed by' b' d I th tt h d t' bl' h d .
:SWINC Acisition, Inc., ~r elng U y sworn, ears e a ac e no Ice was pu IS e In
'f seeks to h the prop-- / /
:.erty rezon f.rom Gen- ~ Bays r n ed 2 7 0 8
o' eral Com relal (GC)
': and large ',' Residential
'.(ll) to Plan d Unit De-
:. velopment (' 0). The
: purpose, of the. zo~e
'. change ' requ is to utll-
'. ize ,the, pro to 'its full-
.: est extent . an existing 1 m
'. use.
.
, " A' regular ting of the
" City Council II follow' the
: public hearin for the pur-
'. pose of act" upon the
:. public ',heari ' items and
" to 'conduct er mailers
: pEinainingtilt ouncil. ';;;'
;6;;i~~~~" g to ad-)rn and subscribed before me this
· dreSs '. the ncil pro ,'or '
: con during, the public .ly ,2008,
. hearing will be required to
:~~.~-~2 A ~~
: .---".'"2/; ,~Cl<<1t@1fL
Notary Public
Harris County, Texas
t}::: re SUO'
:::::.:::
;;::::::
RE:
PUBLIC NOTICE
CITY OF LA PORTE
R08-001
29th
day of
My Commission Exprires 03-13-2012
EXHIBIT E
Staff Report
July 17, 2008
Zone Change Request #R 08-001
Requested by: SWINC Acquisition, Inc. c/o Marcus Deal
Requested for: 21.289 acres being out of Lots 367, 368, 369, 369A,
and 370, La Porte Outlots
Location: 1241 Underwood Road
Land Use: Commercial and Residential
Present Zonin!!:: General Commercial (GC), Large Lot Residential (LL)
Requested Zonm!!:: Planned Unit Development (PUD)
Surroundin!!: Zonin!!::
North - GC, LL
South - GC, LL
East - LL
Back2round:
The property in question consists of 21.289-acres described as being out of
lots 367, 368, 369, 369A, and 370 of the La Porte outlots (Volume 61, Page
374 as per H.C.D.R.) and being situated in the Enoch Brinson Survey,
Abstract No.5 and N. Clopper Survey, Abstract No. 198, City of La Porte,
Harris County, Texas. The subject tract has existing buildings used as
administrative office and mechanical shops. A front portion of the facility
has been used for miscellaneous shop fabrication since the mid 1990's. The
subject property is within the vicinity of commercial and light industrial
facilities along Underwood Road.
The existing facility primarily houses personnel and equipment associated
with the maintenance and construction operations in and around Harris
County and the Gulf Coast Region. The facility is also involved in
miscellaneous shop fabrication of metal products; however, the process
occurs inside the mechanical shop and is not visible to the public. The
applicant wants to expand the business by utilizing the property to the fullest
extent by using some of the buildings for activities such as pipe compression,
cutting pipe to size, distribution of steel pipe and tubes, light fabrication, and
outside storage of pipes, etc.
#R 08-001
P&Z 7/17/08
Page 2 of 4
The entire property was previously covered with miscellaneous construction
debris and materials. Some of the portable buildings were in bad shape and
needed repairs immediately. There were unused concrete foundations and
sidewalks throughout the property. Since being taken over by the current
owner, all unused material, equipment and unnecessary buildings have been
removed as a part of cleanup of the property.
While reviewing this request, staff discussed the following options:
. Pre-existing and non-conforming use and/or structures
. Rezoning - Planned Unit Development (PUD)
The first option involves non-conforming issues associated with this site; a
portion of fence encroaches into the front setback, site drainage, and
fabrication of metal products. The fabrication of metal products is a non-
conforming use in GC, and exterior material storage and work activities
within the Large Lot Residential (LL) district are prohibited. In order to
expand the present business within present zoning designations, the applicant
must obtain approval from the City's Zoning Board of Adjustment (ZBOA).
The second option is to request a zone change. The tract in question
comprises 21 acres, of which, approximately 15 acres are zoned LL. If
rezoned, the new zoning district would be surrounded on all sides by
residentially zoned property, except along Underwood Road. There is
another Planned Unit Development (PUD) zoned property in close proximity
to this tract, which is a 187-acre tract owned by Clay Development MIS
Underwood Business Park. H. B. Zachry, the facility to the south of the
subject property, is also non-conforming.
The purpose of the PUD district is to provide for the grouping of land parcels
for development as an integrated unit as opposed to traditional parcel by
parcel and unplanned approach to development. It provides flexibility of site
design through conditional use provisions. It is further intended that planned
unit developments are to be characterized by central management, common
use of parking, detention, maintenance of open spaces or other facilities, and
efficient distribution of uses.
The applicant has pursued the second option of rezone to Planned Unit
Development (PUD). Using this scenario, the applicant is requesting to
rezone the property from GC and LL to PUD; where, existing use of the
facility is a permitted use as per Section 106-521, Table A, Industrial Uses.
The rezone to PUD would alleviate the non-conforming use while other site
improvements and irregularities would need to be addressed. If the zone
change is approved, the applicant's other non-conformities must be resolved
through a Special Conditional Use Permit.
#R 08-001
P&Z 7/17/08
Page 3 of4
Analvsis:
The City is composed of numerous types of development, which are closely
interrelated and interdependent with one another. With careful consideration
and planning, this interrelationship may be beneficial to the whole
community.
The relationship of the applicant's proposal to the Comprehensive Plan
needs to be emphasized as much as possible. In considering this request,
Staff reviewed the following elements of the Comprehensive Plan.
Land Use - The City's Land Use Plan indicates this area developing with
commercial and residential uses. These uses are typically not as intense as
the industrial land use, which the applicant's request would be categorized.
Conformance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying a rezoning
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 in question has approximately 500 feet of
frontage along Underwood Road. Any proposed expansion may increase
traffic to the area. Underwood Road, which becomes Battleground Road, a
primary arterial with 100- ft. right -of-way, should accommodate the traffic
generated by this development. However, additional study would be required
to determine if additional parking would be needed and to determine the
extent ofthe increase in traffic to the site.
#R 08-001
P&Z 7/17/08
Page 4 of 4
Conclusion!
Recommendation:
Utilities - Currently, the site has sufficient water and sewer facilities to
serve this development. It will be applicant's responsibility to provide any
structures or improvements necessary to accommodate increased demand of
water and sanitary sewer for future development. Storm water management
is also an issue that will be carefully reviewed with the site development
plan. On-site detention shall be required for the property. Neighboring
residents have voiced their concerns about flooding and improper drainage
of the facility.
Based on the above analysis, staff finds that the requested change is not
compatible with the present zoning and current uses of the nearby properties.
Staff recognizes the impact of being unable to utilize the contiguous property
for a use, which previously exists on the tract. The change from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD) would have long range impact on the future
development of this area. In addition, it is contrary to the intent of the Land
Use element of the Comprehensive Plan and compromises the optimal
viability of the remaining undeveloped residential zoned property.
It should be noted that the general commercial portion of the facility has
operated legally as a nonconforming use. Approval or denial of this request
will in no way interfere with this facility's right to continue to operate in this
manner in the future. However, because the applicant previously lost the use
of the rear of the facility for storage/exterior fabrication, a PUD is the only
way to regain the use for that purpose.
A Planned Unit Development (PUD) zone might be considered for a defined
transitional period allowing limited industrial use with the eventual
implementation of the underlying land use at the end of said transitional
period as applied in the Special Conditional Use Permit (SCUP).
Options available to the Commission are:
. Recommend to Council approval of this rezoning request.
. Recommend to Council denial of this rezoning request.
. Table the item for further consideration by the Commission.
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BEl Corporation
7134752425 p.l
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I Rug 11 2008 8:33AM
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Dear City Council, CITY SECRETARY'S
OFFICE
I am a citizen of the City of La Porte and I would like to express my oppositum to the
consideration ofrez.onmg of the property located north of Avenue P for the benefit of Shaw
Maintenance, Inc.
I do not believe this: matter has been given adequate consideration and allowing the property to
be rezoned will result in a degradation of the quality oflife for lQcal residents. I believe some of
the issues that have not been considered are the following:
. Property value: The property value of your constituents w11l decrease due to its
proximity to an area being rezoned for industry. Please ask yourself if you would prefer
to purchase property that abuts an industrial area or that which meets up to a lightly
developed residential area'!
. Drainage: Those of us who live on the north side ofP Street already suffer from the
excess water that rapidly runs off of this pro-perty and into tbe north ditch, resulting in
the flooding of our yards and homes. Shaw Maintenance, Inc. intends to change the
ground surface and this may aggravate the existing problem of flooding in our area.
. Noise and dust: If this property is used in the manner desired by Shaw Maintenance~ Inc.
there will be an increase in noise and dust for their immediate neighbors.
. Equity: This will set a precedent that should allow any citizen in the area who desires to
have their property rezoned to benerrt a business, regardless of its impact on their
neighbors, to be allowed to do so.
Furthermore, Shaw Maintenance, Inc. has knowingly operated.out-of complian~ with local
zoning regulations for several years and is now asking that these regulations be changed to. '.'-
benefit their business at the eA'-pense oftherr neighbors, the people whom these regulations were
supposed to protect in the first place.
I sincerely ask you to deny t.his request for rezoning and enforce current zoning regulations for
the benefit of the citizens of La Porte.
Thank you fOT your consideration,
il! <<Vnck ~cf
dak~ ~ .