Loading...
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 d' / I \ -" 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 N W$E S o 0:: (j ~ 0:: j-,. CI) x C/) :z , 0.~()RT_~ fWY - __SH~- . . ----.. SR 22'5--" E SH 146 FWY \ H__.) I ICD i:<o:;t ~ _ ___._ :c ,CI) z ~@ z CIJ :c ~ .I'- m FAI RLANE -~- j-,. (() ~ ~CJ1J z '" ~ X C/) UJ ~ .I'- m I, 1__