HomeMy WebLinkAboutO-2002-1501-UU
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 18, 2002
Appropriation
Requested By: Dou2 Kneupper
Source of Funds:
N/A
Department: Plannin2
Account Number:
N/A
Report: -L.Resolution: _Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
P & Z Staff Report
Area Map
Mail Out Response
Bud!!eted Item:
YES
NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their February 21, 2002 meeting, held a public
hearing to receive citizen comments regarding Rezone Request #R 02-001. This request
involves 16.617 acres located at the northeast corner of Fairmont Parkway and Driftwood Drive.
The tract is bound to the east by the Exxon/Mobil Pipeline Corridor, to the west by Driftwood,
on the north by the detention pond, and on the south towards Fairmont Parkway.
The applicant is requesting that 16.617 acres are rezoned from General Commercial (GC) to
Low-Density Residential (R-1). The remaining .40 acres, with frontage along Driftwood Drive,
would retain its current General Commercial (GC) zoning. Current zoning regulations require a
buffer of 20-20-10 for all GC development adjacent to residential uses.
Staff finds that the requested rezone will be compatible with the surrounding uses. Seventeen
(17) notices of public hearing were mailed to surrounding property owners; one (1) response was
received (0 in favor, 1 opposed) and is attached. The Planning and Zoning Commission, by a
unanimous vote, has recommended to City Council approval of Rezone Request #R 02-001.
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 02-001.
Approved for City Council Agenda
G~ "L~
Robert T. Herrera, City Manager
~- 1'L.6'L
Date
ORNINANCE NO. l50l-lA \A.
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 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 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 21 st day of February 2002,
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 21,
2002, 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
ORDINANCE NO. 1501-J.L.1{
Page 2
recommendations of the City of La Porte Planning and Zoning Commission, by
letter dated February 22, 2002, 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 18th day of
March, 2002, 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,
ORDINANCE NO. 1501-J!J!..
Page 3
to-wit:
TR 13A , W. M. Jones Survey, Abstract-482, La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds,
determines, and declares that all prerequisites of law have been satisfied and
hereby determines and declares that the amendments to the City of La Porte
Zoning Map and Classification 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 J~
day of March, 2002.
ATTEST:
ORDINANCE NO. 1501-J!k\.
Page 4
BylJ!l/UtJ;d/ /iJjJflt
MART A GillETT, City Secretary
Staff Report
February 21, 2002
Zone Change Request #02-001
Requested by: Eddie V. Gray, Trustee
FairmontPark, N.
Requested for: TR 13A, W. M. Jones Survey, A-482
Location: FairmontParkway@Driftwood
Present Zonin2: General Commercial (GC)
Requested Zonin2: Low-Density Residential (R-I)
Back2round: The property is located at the northeast comer of Fairmont Parkway and
Driftwood Drive. It comprises approximately 22.4 acres ofland out ofW. M.
Jones Survey, A-482, La Porte, Harris County, Texas. This tract is bounded
on the east by the ExxonIMobil Pipeline Corridor, on the west by Driftwood
Drive and located south of the detention pond in the Fairmont Park East
Subdivision.
The applicant is seeking this rezoning from General Commercial (GC) to
Low-Density Residential (R-I) to provide for single-family dwellings. As
shown, this rezoning would consist of 17.2 acres, while 5.15 acres along
Fairmont Parkway would remain zoned General Commercial and not be
considered a part of this request.
Analysis:
In considering this request, staff has reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Parks and Recreation,
Utility Infrastructure, and Residential Development. The specific issues
considered are as follows:
Land Use - Review of the City's adopted 2020 Land Use Plan shows this
area developing with commercial uses. Mter looking at the existing land
uses of nearby properties, commercial uses appear to be inappropriate.
Here, the development of the adjacent properties (Fairmont East
Subdivision) is largely single-family residential with some commercial uses
(convenience store/gas station) along Fairmont Parkway. Staffbelieves the
requested rezone to R-I is more compatible with these current uses.
To enhance compatibility, staff suggests that Reserve A adjacent to the
proposed subdivision also be rezoned to R-I.
Zone Change Request #R 02-001
P & Z Feb 21, 2002
Page 2 of2
Transportation - The tract in question has approximately 600 feet of
frontage along Driftwood Drive, a main access to the Fairmont Park East.
Fairmont Parkway, a semi-controlled access highway should accommodate
the traffic generated by this development. Previously, the Commission
expressed interest in an internal access system for the General Commercial
area adjacent to Fairmont Parkway. This would limit and reduce the number
of future driveways directly connected to Fairmont Parkway. However, the
Commission can address this issue during review and approval of the
amended General Plan. (Staffis currently reviewing the plan.)
Parks and Recreation - The nearest park facility is the Fairmont Park East
Homeowners Association Park at the comer of Mesquite and Driftwood
Drive. The HOA Board previously contacted the City regarding parkland
issues. The association is willing to discuss development of the detention
basin into usable parkland/open space.
Utilities - There is sufficient water and sewer facilities in the vicinity to
provide selVice to this proposed development. As far as public infrastructure
issues are concerned, it will be developer's responsibility to provide any
structures or improvements necessary to accommodate water and sanitary
sewer. Storm water drainage and detention is to the north of the property.
Residential Development - The intent of the Comprehensive Plan is to
provide for attractive low-density residential neighborhoods. The
neighborhood protection standards applicable to this project may include
physical screening, increased setbacks, and use of open space buffers.
Currently, the zoning ordinance allows building setbacks of 20-20-10 as a
buffer between residential and non-residential uses. The Commission may
want to consider additional buffering between uses during review of the
General Plan.
Conclusion:
Staff suggests that during review of the General Plan, items such as
increased setbacks and deeper lots be considered to make R-1 more
compatible with GC. At this time, staff recommends that the Planning and
Zoning Commission approve this zone change request with the modification
that Reserve A for GC (0.40 ac.) is also rezoned to R -1. The change would
represent the highest and best use of the property. Furthermore, the change is
not contrary to the goals and objectives of the Comprehensive Plan.
Actions available to the Commission are
· Recommend approval of the zone change as requested
. Recommend denial of the zone change as requested
. Recommend approval of a modified version of the zone change
~~ -~.~~T.
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A Meeting of the La Porte
RECEIVED
Plannin2 and Zonm2 Commission
(Type of Meeting)
Scheduled for
FEB 1 4 2002
PLANNING DEPT.
Feb~'21, 200-2
(Date 0 Meeting)
to Consider
Zone Chan2e Request #R 02-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
~~~~~~~~
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Name (please print) Address
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Signature City, Stte, "Zip
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 conduct a public hearing at 6:00 P.M. on the 21st
day of February, 2002, 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 #R 02-001, which has been
requested for TR 13A (22.4 ac.) situated in the W. M. Jones Survey, Abstract-482, La Porte, Harris
County, Texas. The property in question is located along Driftwood Drive and Fairmont Parkway.
The request, submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., seeks to have
approximately 18 acres south of the detention facility in Fairmont Park East, rezoned from General
Commercial (GC) to Low-Density Residential (R-l). The purpose of this 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
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 TOD Line (281) 471-5030 for further information.
EXHIBIT l1
In accordance
with the provisions of Sec- B S
tion.106-1710.f..the Code Ie re un
of Ordinances 9 e City
of La Porte, an - ovisions
of the Texasl cal Gov-.
em C notice is
he i... the La
Porte . . Zoning
Com i duct a
publiche g t '. .M. 'Serving The Bayshore Area Since 1947'
on the 2 day of F ru-
ary, 2002, in the uncil
Chambers of t Hall,
604 West Fairmont Park- )orte
way, La Porte, Texas. The J .'
purpose of this hearing islal ns
to consider Rezone Re- cas
quest #R02-001 , which.
has been requested for TR
13A (22.4 ac.) situated in the undersigned authority on this date
the W.M. Jones Survey, '
Abst~act- 482, La Porte'lppeared Karolyn Kellogg, a duly authorized
Hams County, Texas, The. .
property in question is 10-IVe of The Bayshore Sun, a semi-weekly
ca~ed. along, Driftwood published and generally distributed in the
Dnve and Falrmont Park-
way. The request, -submit- 'orte, Harris County, Texas and who
ted by Mr. Eddie GraY'd I .' h h d .
Trustee for Fairmont Park, U Y sworn, swears t e attac e notice was
j.V." seeks to have ap-l The Bayshore Sun dated OJ -o:? -c 9- .
proxImately 18 acres south
of the detention facility in
Fairmont Park East, re-
zone from General Com-
mercial (GC) to Low Den-
sity Residential (R-1). The
purpose of this zone
change is to provide for ~
Single-family dwellings.
.- A Lab-l,-,f)l&ff:I/
quired to sign in before the
lleeting is convened.
accommodation available.
Request for accommoda-
tion or interpretive services
at meeting should be
made 48 hour prior to the
meeting, Please contact
City Secretary's office at
(281)471-5020 or TOO
Line (281 )-471-5030 for
further information.
THE ST~EXAS
COUNTY OF HARRIS
CITY OF LA PORTE
CITY OF LA PORTE
Martha Gillett
City Secretary
NOTICE OF PUBLIC
HEARING
his facility has disability
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
Karolyn Kellogg
Authorized Representative
281-471-1234
Fax: 281-471-5763
Sworn and subscribed before me this ~.., H. day of 1..R~ _ '
~~/.l'~L~/v~
Sandra E. Bumgarner U
Notary Public
Harris County, Texas
, 200:2.
')
EXHIBIT B
City of La Porte
Established 1892
February 22,2002
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R02-001
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its February 21, 2002,
meeting, held a public hearing to consider Rezone Request #R02-001. The
applicant, Eddie V. Gray, Trustee, Fairmont Park, JV. seeks to rezone 16.617
acres on the north side of Fairmont Parkway at Driftwood, further described as
TR 13A, W. M. Jones Survey, Abstract-482, 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 #R02-001.
Respectfully submitted,
4 .~
Betty~
Chairperson, Planning and Zoning Commission
604 W. Fairrnont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
EXHIB'T ,~
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 18th day of March, 2002,
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 #R 02-001, which has been requested for TR
13A situated in the W. M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The
property in question is located along Driftwood Drive and Fairmont Parkway. The request,
submitted by Mr. Eddie Gray, Trustee for Fairmont Park, N., seeks to have approximately 16.617
acres south of the detention facility in Fairmont Park East, rezoned from General Commercial (GC)
to Low-Density Residential (R-1). The purpose of this 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
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.
EXHIBIT -j
820 South 8th Street
La Porte, Texas 77571
TheB
'Serving The Bayshore Area S,
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 ~ -,lJI7-D2
c~,fiuQ it J if fj If /) Sj/
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me th:. day of
~ !~ffj?J~
PEGGY LEE Peggy Lee
IIOYAlY PUluc. STATE Of JEW Notary Public
lIT COIlIIISSlOI EXPWS Harris County, Texas
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