HomeMy WebLinkAboutO-2010-3238 R3 to R1/properties located along east side of Driftwood Drive11/12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 26, 2010
Requested By: Tim Tietiens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits:
Ordinance
Area Map
Mail Out Response
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their March 24, 2010 meeting, held a public
hearing to receive public input regarding Rezone Request #R10-001. The request is to change a
zoning of Fairmont Park East, Sections 6-8 and detention reserve to the east of Driftwood Drive
from High -Density Residential (R-3) to Low -Density Residential (R-1). The City is seeking this
request based on the Land Use Plan.
Staff has researched the zoning designation of these sections dating back to the 1984
Comprehensive Plan and Thoroughfare Plan. The present High Density Residential (R-3) zoning
designation was assigned as a result of an overall rezoning of the City and to provide buffers
near the airport and a Commercial Land -Use designation to the east of this area. The current
zoning map shows zoning of the rest of Fairmont Park East as Low -Density Residential (R-1).
In addition, the adopted Land -Use Plan indicates low density residential uses for this area instead
of high density residential uses.
With the existing single-family dwellings on site and conformance to the Land Use Plan, the
present zoning designation of R-3 is inappropriate. The requested change conforms to the
zoning and uses of nearby properties. It will not negatively impact the existing homes or
surrounding properties and will not harm the value of existing properties. Granting this requested
change would be in agreement with the Land Use and Comprehensive Plan.
Two hundred eighty eight notices of public hearing were mailed to surrounding property owners;
eleven responses (all in favor) were received. The Planning and Zoning Commission, by
unanimous vote, has recommended City Council approval of Rezone Request #R10-001.
Action Required by Council:
t public hearing.
r taking action on recommendation by Planning and Zoning Commission to approve
Request #R10-001 for the property located east of Driftwood Drive, from R-3 to R-1.
ApprIvedtfor (litt Council A enda
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ORDINANCE NO. 3 U
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING
CLASSIFICATION FROM HIGH DENSITY RESIDENTIAL (R-3) TO LOW-DENSITY
RESIDENTIAL (R-1) FOR THE PROPERTIES LOCATED TO THE EAST OF DRIFTWOOD
DRIVE, HEREIN DESCRIBED, BEING FAIRMONT PARK EAST, SECTION 6: LOTS 1-35,
BLOCK 44; LOTS 1-22, BLOCK 45; AND LOTS 1-25, BLOCK 46 AND RES -DET., SECTION
7: LOTS 1-19, BLOCK 40; LOTS 1-10, BLOCK 41; LOTS 1-24, BLOCK 42; AND LOTS 1-15,
BLOCK 43, SECTION 8: LOTS 1-18, BLOCK 36; LOTS 1-10, BLOCK 37; LOTS 1-18, BLOCK
38; AND LOTS 1-10, BLOCK 39; 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, TEXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the
zoning classification of the following described property, to wit: FAIRMONT PARK EAST,
SECTION 6: LOTS 1-35, BLOCK 44; LOTS 1-22, BLOCK 45; AND LOTS 1-25, BLOCK 46
AND RES -DET., SECTION 7: LOTS 1-19, BLOCK 40; LOTS 1-10, BLOCK 41; LOTS 1-24,
BLOCK 42; AND LOTS 1-15, BLOCK 43, SECTION 8: LOTS 1-18, BLOCK 36; LOTS 1-10,
BLOCK 37; LOTS 1-18, BLOCK 38; AND LOTS 1-10, BLOCK 39, W. M. Jones Survey,
Abstract 482, La Porte, Harris County, from High -Density Residential (R-3) to Low Density
Residential (R-1) .
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. 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 is 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 Chapter 551, Tx. Gov't 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 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. 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 7. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the���day of '2010.
ATTEST:
CITY OF LA PORTE
Mayor
City Secretary
APPROYEUK
Assistant City Attorney
A Meeting of the La Porte [� (� l .
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MAR 16 2014 _
Scheduled for
March 24, 2010
(Date of Meeting)
to Consider
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(Type of Request)
I have received notice of the above referenced public heating.
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I am OPPOSED to granting this request for the following reasons:
Name (please print)
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