HomeMy WebLinkAboutO-2009-3139 zoning classification from(BI to PUD) 13.54 Acre tract of property 1400 North 10th Street
REQUEST FOR CITY COUNCIL AGEN
'rEM
Requested By: Tim Tietjells
Agenda Date Requested: April 27, ~O()9
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Appropriation:
Source of Funds:
Department: Planning
Account Number:
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance
Aerial/Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during their March 19, 2009, meeting, hcld ,1 public hearing to receive citizen
comments regarding Rezone Request #ROS-003. The applicants, Troulon Realty, Ltd. /Y. Oak Park. LLC., seek to have the
property rezoned from Business Industrial (HI) to Planned Unit Development (PUD). The property is located at 1400
North 10111 Street (State Highway 146 North Frontage Road).
The subject property has a mobile home park that has been in operation since] 950. UncleI' the current ordinance provisions,
the use is allowed to continue until it is abandoned. The property is located closely to the Port of Houston's Barbour's Cut
Terminal and a few miles from the Bayport Terminal.
The tract in question is within the vicinity of major commercial and industrial facilities in the area near upper Galveston
Bay. In addition, it is closely located near the interchange of State Highways 146 and 225 and abutting Union Pacific
Railroad. The City's Land Use Map shows underlying land uses as commercial/industrial. The desired use is motor freight
transportation and a warehousing faci lity at the site. The applicanfs development plan shows the initial phase to stabilize
the ground first and then plan for the future warehouse phase, subject to the availability of lenders and joint venture
partners.
A Planned Unit Development (PUD) zone might be considered a viable option as it will provide the City more control on the
future land use and provide an opportunity for Council to review a defined project followed by a Special Conditional Use
Permit.
As required by Ordinance, notices of the public hearing were mailed to five property llwners within 200' of the subject
site. No response was received from the mailout. Thc Planning and Zoning Commission, by unanimous vote,
recommends City Counci I approve Rezone Request #R08-003.
Action Required bv Council:
Conduct public hearing.
')nsider taking action on a recommendation by the Planning and Zoning COlllmission to <lpprove Rezone Request
# OS-003, rezoning the referenced property frolll 131 to PUD.
it ,l,~ 16~
Date
ORDINANCE NO. 2009-J/:3!j
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 BUSINESS INDUSTRIAL TO PLANNED UNIT
DEVELOPMENT FOR A 13.54 ACRE TRACT OF PROPERTY LOCATED AT 1400
NORTH 10TH STREET, 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 19th day of March 2009, at 6:00 p.m. a Public
Hearing was held befoi"e the Planning and Zoning Commission of the City of La POlie,
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 March 19, 2009, 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 March 23, 2009, a
ORDINANCE NO. 2009-3L3CJ
Page 2
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 2il1 day of April, 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 "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 Business Industrial (BI)
to Planned Unit Development (PUD)." The description of said parcels of land rezoned is
as follows, to-wit.
"13.54 acres of land being TR 27 of Block 27, TR 28 of Block 28, Nebraska Syndicate
and TR 3 in the Enoch Brinson Survey, Abstract 5, Volume 65, Page 175 of the
H.C.D.R. La Porte, Harris County, Texas."
ORDINANCE NO. 2009~ 3t31
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 pl-eceding 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~ 1;f!-day of ~
,2009.
CITY OF lA PORTE
By ~y~
ALTON PORTER, Mayor
ATTEST:
BY~~P
MARTHA GillETT, City Secretary
APPROV7D:,/
//4
B.'; /
y: .. /
C R
--iZrf-u0v)
ASKINS, Assistant City Attorney
#ROX-OO.3
THE STATE OF TEXAS
COUNTY OF HARRIS)
(TTY OF LA POI<TE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte 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 19th day of March 2009, in the Council
Chambers of the City lIal!. 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to hear public input on Zone Change Request #R08-003, for the property
located at 1400 North 10th Street. The propel1y is further described as 13.54 acres being TR
27 of Block 27, TR 28 of Block 28, Nebraska Syndicate and TR 3 in the Enoch Brinson
Survey, Abstract 5, Volume 65, Page 175 of the H.C.D.R. La Porte, Banis County, Texas.
The applicants, Glenn L. Roberts (Troulon Realty Ltd.) and Hal Lawler (Oak Park LLC.),
seek to have the property rezoned from Business Industrial (Bl) to Planned Unit
Development (PUD). The purpose of the zone change request is to utilize the property for
future truck serviced warehouse facility.
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
Mm1ha Gillett, TRMC CMC
City Secretary
A quorum ol Cit] , COl/ncil mCII/hcrs ml~l' be preselll and participate in discussions during Ihis meeling.
however. no action will be laken hy Council.
Thisfixility has disahilitl' uu'ommodatillns available, I?equestsjiw accO/llmodatirms ()/' illle/pretive services at
meetings sl10llld he made -IS hours prior III Ihe meeting Plcase conlacl Cill' SeCrelil1T '.I' oj/ice a/ (281) -171-
jIJ2IJ or TOO Lille (281) -/l1.,j03iJforjill'ther injiJrmalio11.
EXHIB'l A
'HE STATE OF TEXAS)
;OUNTYOF ARRIS) .~ th
;rll'OFLA -".) 820 S. 8' Street
;J~)~ Oit~BL i Porte, Texas 77571
n accJrd ~~. wi the
"ovisiofis in' Seclion
06-171 of the Ci of La
'orte Code of Ordi- ,
lances, notice is hereby
liven that the r Po.rte
'Ianning and. Zomng
~ommission will.' conduct
l public hearing J at 6:00
'.M. on the 19t~ day ot
.i1ilrch 2009, in ,the Coun-
:ii Chambers ofl the City
1all 604 West' Fairmont
'arkway, La;; Porte.
i'exas. Theeurpose 01
his hearing i~ to hear
Jubiic input i. on Zone
~hange 1 Request
iR08-003 for .Tthe prop-
lrty located at~1400 North 0 f LaP 0 rt e
10\11 Street. 1.)1e property
s further de.ecribed as f H .
13.54 acres bejng TR 27 nty 0 arns
)f Block 27, hTR 28 of i
310ck 28, NeO[3ska Syn- e 0 f T e X a s
Jicate and TR '. 3 In the
onoch Brinso~ Survey, r
~bstract 5, '{olume 65,
"age 175 of tlje H.C.D.R.
~:xasPorte, T~:r~~a~p~~~~: ire me, the undersigned authority, on this date came and
~~e~~ Lu~~be1~nd(TroLuC~;)1 ~ared Adam Yanelli, a duly authorized representative of The
Lawler (Oak PoJrk L .,'
~::~ne~ ha~~ml~r J~~in:~)hore Sun, a semi-weekly newspaper published and generally
Industrial (BI) Ii! Planned b d' he' f L PH' C T d h f
~: p~r~~~~P";,(~\he(P~~~ ute In t e Ity 0 a orte, arns ounty, exas an w 0 a ter
~~an~ee r;~~~s~y:i\/\t~:~J duly sworn, swears the attached notice was published in The
truck serviced ':i warehouse. h S _ ~ / /
facility. .~ ore un at \ 3 1 09
A regular meet(ng of the I
Planning an<j.\ Zomng
Commission '4i11 follow
the public hea~r.g tor the
purpose 01 agllng upon
Ihe public he~ing lIems
and to conduct, other mal-
ters pertaining, to the
Commission. ::
Citizens w;shina to. ad-
dress the .fommlsslOn
pro or con dUf1l)9 the pub-
lic hearing will be reqUIred
to sign in belore the
meeting is convened.
TheB
281-471-1234
Fax 281-471-5763
· re Sun
_-,Serving the Bavshore Area Since] 947'
Re: PUBLIC NOTICE
CITY OF LA PORTE
R08-003
Sworn and subscribed before me this 2nd
day of March
,2009.
u4Jm1/k~
Deborah Sue Stout
Notary Public
Harris Coullty, Texas
My Commission Expires 03-13-2012
;llljlliOI,Oi 1,llllilll 111111 j 111111/lli lIlll III II!.!
: DEBORAH SUE STOUT ~
NOT'AHY PUBLIC
- 8T.I.\1'E OF TEXAS -
~ Comm Exp 03-13-20 '12 _
nl l! Illilll j j II Illllllll!ll11111l1l1111111111l1111 J Ii
EXHIBIT B
March 23, 2009
Honorable Mayor Alton P0l1er and City Council
City of La Porte
Re: Rezone Request tfR08-003
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during its March 19, 2009, meeting,
held a public hearing to consider Rezone Request #R08-003. The subject property is
located at 1400 North 10lh Street, further described as 14 acres being TR 27 of Block 27,
TR 28 of Block 28, Nebraska Syndicate and TR 3 in the Enoch Brinson Survey, Abstract
5, Volume 65, Page 175 orthe H.C.D.R. La P0l1e, Harris County, Texas. The applicants
seek to rezone the property from Business Industrial (BI) to Planned Unit Development
(PUD).
The Planning and Zoning Commission, by a unanimous vote, has recommended approval
of the rezone request.
Respectfully submitted,.
(/')d!LL:
Dottie Kaminski
Vice Chairperson. Planning and Zoning Commission
c: Ron Bottoms. City Manager
John Joerns. Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT C'
IIR08-00J
THE STATE OF TEXAS
COUNTY OF HARRIS)
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106- I 71 of the City of La Porte 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 27th day of April 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 #R08-003, for the property located at 1400 North 10lh Street.
The property is further described as 13.54 acres being TR 27 of Block 27. TR 28 of Block
28, Nebraska Syndicate and TR 3 in the Enoch Brinson Survey, Abstract 5, Volume 65, Page
175 of the H.C.D.R. La Porte, Harris County, Texas. The applicants. Glenn L. Roberts
(Troulon Realty Ltd.) and Oak Park LLC., seek to have the property rezoned from Business
Industrial (BI) to Planned Unit Development (PUD). The purpose of the zone change request
is to utilize the property for future truck serviced warehouse facility.
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 qllO/'ll1ll of' Cily ('ouneil /llelllhers may be prc!sc!11! and porlicipale in discussiuns during this meeting,
however, no aclion \I'ill be laken by Council.
Thisfaci/itv has disabili~v accolllmodations avai/ahte. Requests./hr ({cco/lllllOdotions ur interprelive services al
meetings should be lIIade -i8 hU/lrs prior 10 the meeling. Please conlacl Cily .'.'c!eretill)"s oj/ice al (28/) ../7/-
5020 or TDD Line (28 I) ..j7 ! -5IJ30/iw./itrther it?/iJrmatio/l.
EXHIBIT 0
8th
Street
:' Texas 77571
281-471-1234
Fax 281-471-5763
TheB
___ ______'.';;erving the Bavshore Area Since 1947'
Porte
Harris
exas
Re: PUBLIC NOTICE
CITY OF LA PORTE
ZONE CHANGE REQUEST #R08-003
e, the undersigned authority, on this date came and
Adam Yanelli, a duly authorized representative of The
the. Sun, a semi-weekly newspaper published and generally
. ~a~~I~ ~ in the City of La Porte, Harris County, Texas and who after
;. regular mee g of the V sworn, swears the attached notice was published in The
City Council w follow the ,
public hearin for the pur- Sun dated 4 1 2/09 ;_ '.'
pose of ac g upon the .
public hear" g ttems and
10 condu other matters
pertaining the Council.
Citizens wishing to ad-
dress e Council pro or
con uring, the public
: hearin will be required to
sign n before the meeting
is co vened.
Sworn and subscribed before me this
15th
day of
April
,2009.
~ ji{j~"",,,,,,,,,,,, """'"'''' '" '''''' ",,,! U
e orah Sue Stout :,:. o''''V PO.(, DEBORAH SUE STOUT ::.:
Notary Public :..; *~* NOTARY PUBLIC ~
; ~ STATE OF TEX,L\S ::
Harris County, Texas .~ '>""OF"~"'" Comm. Exp. 03-13-2012 ~
;: i HI: 11 1I1111111ll1l11l11l11l111l11l11l1111l111111 ii
My Commission Expires 03-13-2012
EXHIBIT f
REZONE REQUEST #R08-003
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