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Home My WebLink AboutO-2009-1501-P6 DENIED/#R08-004 for rezoning land in 500 block,North 7th Street from R-2 to GC11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januaryf19,_ k Requested By: Tim Tietiens Department: Planninji Report: Resolution: Ordinance: X Exhibits: Ordinance Aerial Map Zoning Map 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 and Zoning Commission, during their December 18, 2008, meeting, held a public hearing to receive citizen comments regarding Rezone Request 4R08-004. This request is for the property located in the 500 Block of North 7`r' Street and is adjacent to the North `E' Street right-of-way, which is the City's linear park site in the Northside Neighborhood. The subject tract comprises approximately 0.57 acre of land, described as lots 25 thru 32 of Block 101, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Currently, the adjacent properties are a mixture of low-density, single-family residential, and commercial. The applicant, Decker McKim on behalf of Preston Copeland (owner), is requesting a rezone from Medium Density Residential (R-2) to General Commercial (GC) for proposed parking or structure for a(ijacent commercial establishments along North 8`l' Street. The City's Comprehensive Plan and the Land Use Map indicate this area developing as residential. The subject property is adjacent to the City of La Porte's property, where four single-family dwellings will be built as apart of the HOME grant program in the Northside Neighborhood. It is anticipated that the area around the subject property will be developed as residential. The zone change may have a negative impact on the area and may harm the value of nearby properties. A rezone would have significant impact upon the thoroughfare system and HOME grant program. Granting this requested change would be contrary to the goals and intents of the Comprehensive Plan. As required by ordinance, notices of public hearing were mailed to seven (7) property owners within 200' of the subject site. No responses from the mailout were received. The Plamling and Zoning Commission, by unanimous vote recommends City Council deny Rezone Request #R08-004. Action Required by Council: 1. Conduct public hearing. ider and take action on a recotnniendation by the Planning and Zoning Commission to deny Rezone est #R08-004 to rezone 0.57 acre of land located in the 500 block of N. 7`h Street from R-2 to GC. Planning and Zoning Commission recommended denial., therefore to overturn the recommendation J require a 3/4 vote or 7 of members.) A o ed for (fitklCouncil Agenda Ron Botto i anager Date 4-00q- 7:D-e_r1 i-e_A ORDINANCE NO. 1501 P 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 MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED ALONG NORTH 7' STREET, BEING A 0.57 ACRE TRACT MORE SPECIFICALLY DESCRIBED AS LOTS 25 THRU 32, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, 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 18'" day of December 2008, at 5:00 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 December 18, 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 City of La Porte Planning and Zoning Commission, by letter dated December 22, 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. ORDINANCE NO. 1501- 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 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 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. By an affirmative vote of at least three-fourths of the City Council of the City of La Porte hereby rejects 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 reclassified from Medium Density Residential (R-2) to General Commercial (GC). The description of said parcels of land is as follows, to -wit: "0.57 acre tract, being Lots 25 thru 32, Block 101, Town of La Porte, Johnson Hunter Survey, A-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 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 - 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 day of January, 2009. CITY OF LA PORTE 0 Alton Porter, Mayor ATTEST: 0 Martha Gillett, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney 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 Govetlunent Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 5:00 P.M. on the 18"' day of December, 2008, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to hear public input on zone change request #R08-004, requested for a property located along North 7`1' Street from Medium Density Residential (R-2) to General Commercial (GC). The property is further described as Lots 25 tl 132 of Block l 01, Town of La Porte, Johnson Hunter Survey, Abstract No.35, La Porte, Harris County, Texas. A regular meeting of the Planning and Zoning Commission will follow the public hearing. The Commission will act upon the public hearing items and conduct other matters. Citizens wishing to address the Conunission pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC. CMC City Secretary .A quorum (?f City Council members may be present and Participate in discussions during this meeting holvever, 170 action widl be taken by Council. This faciliti, has disabilitl: accommodations available. Requests.fin- accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretar11's c?ffce at (281) 471- 3020 or TDD Line (281) 471-3030 for further it7forntation. COUNTY OF HARRIS CITY OF LA PORTE) In aP,o&' 'anti 1e 320 S. 8th Street tion Porte, Texas 77571 11-471-1234 281-471-5763 s`' of theffp;�Ti Local Governmentnotice is hereby theLa Porte'andZoning Comrjjf�jsion will .•y Y re conduct a p, c hearing at 5:00 P.AA : the 18th day of De be 2008, r - : h` 4\ C Xu n the Sun Cou` I Chambers' of City H ,' 604 West 'Servin��" r Fairmont y, La g Therea Since 1947 Porte, T The pur- pose of j hearing Is to hear publi input on zone change J ' request { of I P 'xRos-oo4,�� requested for y CA VIE' RE: PUBLIC NOTICE a properr 7` y of Ionated along iuntf H�- North 7ttij ' Street from Me - CITY OF LA PORTE dium tsity Residential 'ate of Texas P & z #R08-004 f (R-2) General Cam- mercial i(GC). The prop - arty i�j further described Bl , "'nt f L.of fore me the undersigned authority, Porte,,' J Town of Hunter g on this date came and .Porte �` Johnson Hunter P°r r Abstract No.5, L geared Adam Yaneili, a duly authorized representative of The Texa`I', yshore Sun, a semi-weekly newspaper published and generally °lar meeting of the ,tributed in the City of La Porte Harris County, Texas and who Plarming and Zoning 'i , Corrimission will follow er being duly sworn, swears the attached notice was published in the public hearing. The Commission will act upas e Bayshore Su d 4 11/30/08 ths' public hearing, hems -and conduct other mat - tote. � r - i Cie. wishing to , ad- ` dress the Commission i pro or con during the pub-'; he hearing are required team Y ne for/Publisher -sign in before the meeting is convenad. Sworn and subscribed before me this 2nd December ,200$ day of Notary Public -DEBORAH SUE STOUT Harris County, Texas My Commission Exprires 03-13-2012 91719t11fltll)Dtlltittliliif)ll!!)111)tltttii!)Illi))t DEBORAH SUE STOUT w ��* NOTARY PUBLIC STATE OF TEXAS Comm. Exp. 03-13-2012 4 > Iiff1138313f41 M1111Ii1I1f)lIII fill ifIIII )III m I1! EXHIBIT B 4 � �- City of La Porte 1)" December 22. 2008 Honorable Mayor Alton Porter and CiteCouncil City of La Porte Re: Rezone Request 4R08-004 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during its December 18, 2008. meeting held a public hearing to consider- Rezone Request 9R08-004. The subject property is located in the 500 Block of North 7"' Street, further described as Lots 25 - 32, Block 101, Town of La Porte. Johnson Hunter Survey. Abstract No. 3)5, La Porte, Harris County, Texas, The applicant seeks to rezone the property from Medium Density Residential (R-2) to General Commercial (GC). The Plannim, and Zoning Commission, by a unanimous vote, has recommended denial of the rezone request. Respectfully submitted, Hal Lawler Chairman, Planning and Zoning Commission c: Ron Bottoms, City Manager John Joerns, Assistant City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 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 Goverrmient Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12thday of January, 2009, in the Council Chambers of City Hall, 604 West Fairmont Parkway. La Porte, Texas. The purpose of this hearing is to hear public input on zone change request #R08-004, requested for a property located along North 70' Street from Medium Density Residential (R-2) to General Commercial (GC). The property is further described as Lots 25 thu 32 of Block 101, Town of La Porte. Johnson Hunter Survey, Abstract No.35, La Porte. Harris County, Texas. A regular meeting of the City Council will follow the public hearing. The Council will act upon the public hearing items and conduct other natters. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett. TRMC, CMC City Secretary A quorum C!f 011, Council members may be present and participate in discussions during this meeting, however, no action will be taken bt, Council. This fa &0, has disabilit}, accommodations available. Recluests . for accommodations or interpretive services at n7eetings should be made 48 hours prior to the meeting. Please conlact the Citi, Secretary's office at (281) 47!- .i 020 or TDD Line ( 281) 471 _5030, for. further informatior7. 1-77771rr enn n .,.._ 1-471-1234 X8281-471-5 E City of La Porte County of Harris State of Texas #Rog -004. ft a property located anon North 7th Street tram Mj dium Dens'�y 'dente (R-2) to Dano Con mercial Q arty is (lur�ttrer ,8escrrIbe as Lots 25 th 32 t Blatt 101, T of L Porte, John Hunk Survey Ab t No.T La Porte, Irris Count Texas, d Ater f_eetfn of th City CamcIr will Blow th public heading. The Cour cil will ac upon the pub) hearing s and coi RE: PUBLIC NOTICE OtizenSf wishing to a, CITY OF LA PORTF c nsdunng Council uthe prothe R08-004 hearare required + sign in before the meetir is convened. me, the undersigned authority, THE STATE OF TEXAS COUBefore CITY OF LA OF on this date CITY OF LA PORTS came an appeared Adam Yanelli, a duly authorized Bayshore Sun, a semi-weekly newspaper representative of Th NOTICE PUBLIC HEARRING distributed in the City of La Porte, Harris published and general) p accordance with it rovtslons Seca after being duly sworn, County, Texas and whn t 106-171 of the Code Ordinances of the city swears the attached notice was p La Porte. and the published ii The Bayshore un e 12/28/08 stops of the Texas Loc Loc Government Code, notir Is hereby given that 1t La Porte City Council n conduct a public heartr at 8:00 P.M. on the 12 day of January, 2009, Adam Yan the Council Chambers Ili- ubliSheC City Hall, 604 West Fa Mont Parkway, La Pori Texas. The purpose this hearing is to receh Public input on a pr Posed amendment Section 106-835 of Cha ter 106 of the La Par Code of Ordinances, pr Sworn and subscribed before me this taining 29th ingsp to off-street par ng space sizes. Decembern day o A regular Meeting of ti ,2008. City Council will follow If PuNic hearing for the pi THE STATE OF TEXAS pose of acting upon 8 COUNTY OF HARRIS public hearing items ai CITY OF TE to conduct Aar malts OF LIC , pertaining to the council. Notary Public IN Citizens wishing to a mess the council —DEBORAH SUE STOUT Harris County, Texas pro f dance ,� n the can during the Pub ; ns of Section Hearing will be requir. co Ordinances of a city of to sign in before ti La Porte the pp meeting is convened, suns of the In Local Goverrunent ...notice My Commission Exprires 03-13-2012 hat Ole is Porgy Council l conduct a hea, at 6:00 P on the 12 daY ,of 2W9, -in the G is of ttt�tfittlttfittlQlHlJfllll)1111EfItlitfUUtilif City Half, We Feir- `mom Pa ay, La Porte, Tezas. purpose ft G�C`?RAH SUE STOUT of thisut #on �,$ NO TARY PUBUG = * a } , "J'anae request STA1" OF TEXAS ., C^rrnm.;; '13_13-2012 fitmu►f,�af�'?t9ftfrf�i;ta:fr:: �itrttfa�r�rui - HITT