HomeMy WebLinkAboutO-2009-1501-O6 #R08-002 for rezoning 727 Old Underwood Road from GC to PUDREQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 12, 2009
Requested By: Tim TietiensnhV
Department: Planning
Exhibits:
Ordinance:
Ordinance
Aerial Map
Zoning Map
Public Notice Response
Appropriation:
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: N/A
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during their November 20, 2008, meeting, held a public hearing to receive citizen
comments regarding Rezone Request #R08-002. The applicant, Dow Hydrocarbons and Resources, Inc., seeks to have
the property rezoned from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development
(PUD). The property is located at 727 Old Underwood Road south of Underwood Business Park.
The existing facility comprised of approximately 6 acres, primarily houses personnel, equipment, a maintenance shop, and
above ground piping/valve. The remainder of the 20 acres of undeveloped land to the east is fenced and leased for grazing
purposes.
The tract in question has multiple zoning classifications and is occupied by a pre-existing ane -story office and shop
building/structure. The front general commercial portion of the facility has operated since 1978 when the company purchased
the property. Later, the company constructed pump station and storage tank in 1979. A radio tower was constructed at site in
1988. However, the tank and pumping station were demolished in 2000.
Currently, the undeveloped portion of the property is being marketed for a use, which is unknoNkm at this stage. A Planned
Unit Development (PUD) zone might be considered as a viable option, which will provide the City more control on the future
use of land and provide an opportunity for Council to review a defined project followed by a Special Conditional Use Pen -nit
(SCUP), which will be enforcement or operating tool in this regard.
As required by Ordinance, notices of the public hearing were mailed to twelve property owners within 200' of the subject
site. One response favoring the request was received from the mailout.
The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request 4R08-
002.
Action Required by Council:
uct public hearing.
ider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request
X02, rezoning the referenced property from GC and LL to PUD.
City Manager Date
oL m �q
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 FOR PROPERTY LOCATED AT
727 OLD UNDERWOOD ROAD, FURTHER DESCRIBED AS 26.8206 ACRE TRACT,
ENOCH BRINSON SURVEY, ABSTRACT NO. 5 AND NICHOLAS CLOPPER
SURVEY, ABSTRACT NO. 198, LA PORTE, HARRIS COUNTY, TEXAS; 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 201h day of November 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 November 20, 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 -
Page 2
City of La Porte Planning and Zoning Commission, by letter dated December 12, 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 12`h day of January, 2009, 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 "D",
incorporated by reference herein and made a part hereof for ail 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:
"26.8206 acre tract as recorded in Clerk's File No. P800502, Film Code No. 094-78-3003
of the H.C.D.R., being situated in the Enoch Brinson Survey, Abstract No. 5, and
Nicholas Clopper Survey, Abstract No. 198, La Porte, Harris County, Texas."
ORDINANCE NO. 1501
.,J4
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 I k (Pk day of January, 2009.
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
ATTEST:
Byl.�,,k
A A GILLETT, City Secretary
APPROVED::
By:
CCL - RK ASKINS, Assistant City Attorney
#R08-002
THE STATE OF TEXAS
COUNTY OF HARRIS)
CITY OF L.A 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 20"' day of November 2008, in the Council
Chambers of the City Hall. 604 West Fairmont Parkway, La Porte, Texas. The purpose of this
hearing is to hear public input regarding Rezone Request #RO8-002, for the property located at
727 Old Underwood Road. The property is further described as 26.8206 acre tract as recorded in
Clerk's File No. P800502, Film Code No. 094-78-3003 of the H.C.D.R., being situated in the
Enoch Brinson Survey, Abstract No. 5, and Nicholas Clopper Survey, Abstract No. 198, La
Porte. Harris County, Texas. The applicant, Dow Hydrocarbons and Resources, 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 is to utilize the property for
commercial/industrial development.
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 wrill 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 taaembers rase!♦% be present and participate in discussions dutring this meeting,
however, no action will be takers by Council.
Thisfacility has disability acconunodcrtiaras cmailcrble. Requests fir accommodations or interpretive sen1ces at
meethap should be wade 48 hours prior to the meeting_ Please contact Citi, .Secretag's 1?/ice at (281) 471-
5020 or IDD Line (281) 471-5030forfitr1her nafornaation.
t
iE STATE OF TEXAS)
OUNTY OF HARRIS.
IITY 09 ; e BIFt
36-171 vbf the
orte's Code
antes, notice
van that the
fanning and
ommission wil
public hearin
.M. on the 20
ovember 2001
ouncil Chambe
ity Hall, 604 ,.
Tont Parkway,
exas. The
ris hearing is
ublic input r
one Request
I
820 S. 8th Street
thelionLa Porte, Texas 77571
1.
s hereby
Le Porte
Zoning
conduct t
at 6.00
1 day of
in the
of the i
Vest Fair -
.a Porte, ?
Irpose of
to hear
rdino Re-
x the properly located at
7 Old Und d
281-471-1234
Fax 281-471-5763
J �*
2 r o -
load. They' property erxrofs r RE: PUBLIC NOTICE
rrther d0scribed as: City of La Porte CITY OF LA PORTE
6.8206 acrif tract as re. f
orded in erk's File No.., County of Harris REZONE REQ #{R08-002
-800502, Fm Code No.
I.C.D. , of the State of Texas
LC.D.R., ing situated
i the Enoch Brinson Sur-'
ey, Abstract No. 5, and
licholas Topper Survey,
'bstract No,. orte, ams 'County, Before me, the undersigned authority, on this date came and
; applicant,
Hy4peaarbod appeared Adam Yanelli, a duly authorized representative of The
lesources,a4v the 'pro rseeks e- ! Bayshore Sun, a semi-weekly newspaper published and generally
oned fmr General Com-
nercial (qC) and Large distributed in the City of La Porte, Harris County, Texas and who
.ot Reslnflal (LL) to
Manned?,Unit Develop-
nent (PU•). The pur-'after being duly sworn, swears the attached notice was published in
Lose of a zone change' y- 11/2/08
5 t° ue the property' The Ba s ore un ated
or coonmerciaUmdustrial ,
1 regular eating of the I
'fanning 4 and Zoning
;ommissiorP will follow
he pub0c,hearing for the
)urpose acting �pon ;Ada
he publi hearing items I,
Ada
too= other mat- I
ers peif(€Ilnln° to the
t
Ili-Editor/Publisher
Ditizens wishing to ad
Dilizens 1w
cress a Commission
oro orn during the pub- .
is heade! will be required
-5 in bef°ra the Sworn and subscribed before me this
neeli convened. 3rd
November 72008.
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
�itliifi�9tiitY866ii1Qlttiftttiltfillflt NIIIIItf3iltS
q DEBORAH SUE STOUT
NOTARY PUBLIC
STATE OF TEXAS —_
Comm. Exp. 03-13-2012
�ta�tl;Il6$ls9:1l4iil4s3tlfllt4tl4!llllbtltitfltiililll
day of
(Clity of La Portl
Tt=XA,Si
December 12. 2008
Honorable Mayor Alton Porter and City- Council
City of La Porte
Re: Rezone Request 4R08-002
Dear Mayor Porter and Council:
The La Porte Planriing and Zoning, Commission, during its November 20, 2008, meeting.
held a public hearing to consider Rezone Request #R08-002. The subject property is
located at 727 Old Underwood Road. further described as 26.8206 acre tract as recorded
in Clerk's File No. P800502, Film Code No. 094-78-3603 of the H.C.D.R., being situated
in the Enoch Brinson Survey, Abstract No. 5, and Nicholas Clopper Sui-vey, Abstract No.
198, La Porte.. Harris County, Texas. The applicant seeks to rezone the property from
General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development
(PUD).
The Planning and Zoning Commission, by a unanimous vote, has recommended approval
of the rezone request..
Respectfully submitted,
Hal Lawler
Chairman, Planning and Zoning Commission
Ron Bottoms, City Manager
John Joems, Assistant City Manatzer
Clark Askins. Assistant City Attorney
Planning and Zoning Commission
#R08-002
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 12th clay of January 2009, in the Council Chambers of the City Hall, 604
West Fairmont Parkway. La Porte, Texas. The purpose of this hearing is to hear public input
regarding Rezone Request #R08-002, for the property located at 727 Old Underwood Road. The
property is further described as 26.8206 acre tract as recorded in Clerk's File No. P800502, Film
Code No. 094-78-3003 of the H.C.D.R., being situated in the Enoch Brinson Survey, Abstract
No. 5, and Nicholas Clopper Survey, Abstract No. 198, La Porte, Harris County. Texas. The
applicant.. Dow Hydrocarbons and Resources, Inc., seeks to have the property rezoned from
General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PUD).
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 CotmciI.
Citizens wishing to address the Council pro or con during the public Bearing will be required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum ref Cite Council members mar be present and participate in discussions daring this meeting,
however, no action mil1 be taken bl Council.
Tlris fixciliot has disabiliry3 acconuarodatioas available. Requests.fc-)r acconurrr>dcrtions or• interlrreiisae serl,iees at
rrreetings should be mads 48 hours prior to the rrreetirrg. Please contact City Secr•emny's o/%ice at (281) 471
5020 or TDD Line (281) -l?1-?030for frrtlrer irrforrnatiorr.
PUBLIC NOTICES
THE
NAF
o it
arxwrdar>ce
pr°visions in
106-171 of the
nanmCode
, notice
that tM
ttity Council
a public hear
p.IA. on the
240
'pour Cham
City Hall, 6D
moot Parkwai
Taxan. The
this heating
public input
zone Req°e
for the props
727 Old
Road. Thr
further dr
26.6206 eon
corded In G
in the tr
;
.'holas Absl
Nic
Abstract
Porte,
Texas.
Dow f
Resource
have t
zoned h
mercial
Lot RE
Planned
ment (PL
A raga' I.c l
pose t
Put
to cor
820 S. 8th Street
Ic ;t Porte, Texas 77571
a the!
section
oLa
n*
c hereby
La Porte
1
at 0.00
i dap of I
in the ,
s of the
Nest Fair- rJ�ervi7
La Porte,
urpose of
to hear
located at ty of La Porte
Unda Wood 4
b `� Is runty of Harris
.V F eN ate of Texas
Cade No.
Of the
situated "i
281-471-1234
Fax 281-471-5763
RE: PUBLIC NOTICE
CITY OF LA PORTE
R08-002
�
$ and and me, the undersigned authority, on this date came and
Per198, feared Adam Yanelli, a duly authorized representative of The
z appsCounty: ashore Sun, a semi-weekly newspaper published and general!
ubom . asand ributed in the City of La Porte, Harris County, Texas and who
,enerai c-^-lr being duly sworn, swears the attached notice was published in
and Large
olt' oe�e►°p- Bay I dated
12/28/08
needng of the ,
_VV
wig foliar+ the
Ig for meP.
I% � end
other mamrselli-Editor/Publisher
the coundl.
Gtttzens'r£Wlshing to ad-
dress lY4b co,mcil pro . or
con *ng the Public
hearing Mil be required to
Sign
in before the meeting
is convened.
Sworn and subscribed before me this
December ,2008.
Notary Public - DEBORAH SUE STOUT
Harris County, Texas
My Commission Exprires 03-13-2012
Ii1i11111lIIIIIIIIIIIIlEl1111111IfIIf11111111111ill IL
,�°
°°��� DEBORAH SUE STOUT
NOTARY PUBLIC
*/yk STATE OF TEXAS _
'7 of rt*T Comm. Exp. 03-13-2012
1111t►E1111!litllififlllEflEliflIIIEIIIIEIIIIILtllll{1
29th
day of
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
November 20, 2008
(Date of Meeting)
to Consider
Zone Change Request#R08-002
(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:
�,-n Nis �yDa,� ► ` — :� �e tHc n.► 6y
kN&—. A S %; e !� u%'r&&Ur �:e.QRe-i t ae�.reia. e, Q sV
I am OPPOSED to granting this request for the following reasons:
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