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HomeMy WebLinkAboutO-2010-3239 R3 to R1/properties along Spencer Hwy. & North D Street13/14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 26, 2010 Requested By: Tim Tietiens Department: Planning Report: X 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 #R10-002. The request is to change a zoning of Spencer Landing Subdivision Sections 1-2, pt. detention reserve, located along Spencer Highway and Section 4 located south of North `D' Street 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 south of Spencer Highway. The current zoning map shows zoning of the rest of Spencer Landing Subdivision 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 Plans. One hundred twenty two notices of public hearing were mailed to surrounding property owners; five responses (all in favor) were received. The Planning and Zoning Commission, by unanimous vote, has recommended City Council approval of Rezone Request #R10-002. Action Required by Council: 1. Conduct public hearing. Sider taking action on recommendation by Planning and Zoning Commission to approve Re one Request #R10-002 for the property located along Spencer Hwy. & North D Street, fr-3 to R-1. /10 n..,, u..++,., 9";F ., 1%4 ------ a6 D ORDINANCE NO. 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 IN SPENCER LANDING SUBDIVISION, HEREIN DESCRIBED, BEING SECTION 1: LOTS 1-13, BLOCK 1 AND LOTS 1-8, BLOCK 2, PT. DET. RES.A, SECTION 2: LOTS 1-15, BLOCK 1 AND LOTS 1-9, BLOCK 2, PT. DET. RES.A, AND SECTION 4: LOTS 1-34, BLOCK 1, 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: SPENCER LANDING SUBDIVISION SECTION 1: LOTS 1-13, BLOCK 1 AND LOTS 1-8, BLOCK 2, PT. DET. RES.A, SECTION 2: LOTS 1-15, BLOCK 1 AND LOTS 1-9, BLOCK 2, PT. DET. RES.A, AND SECTION 4: LOTS 1-34, BLOCK 1, Richard Pearsall Survey, Abstract 625, LaPorte, 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 th� day of G " '2010. ATTEST: City Secretary APPROV ssistant City Attorney CITY OF LA PORTE By , May 2 A Meeting of the La Porte rH51MAR U 3 2010 Planning & Zoning Commission (Type of Meeting) Scheduled for March 24, 2010 (Date of Meeting) to Consider Rezone Request #R10-002 (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: I am OPPOSED to granting this request for the following reasons: Name (please print) Signature Address City, State, Zip A Meering of the La Porte Planning & zoning Commission (Type of Meeting) Scheduled for March 24, 2010 (Date of Meeting) to Consider Rezone Request #R10-002 (Type of Request) I have received notice of the above referenced public hearing. rg MAR 11 2010 I am in FAVOR of granting this request for the following reasons: ALb 0t S !x-066 Z b4ij0t J6 SffoupD l3� / n r t AFNSi'F k4 2C S -PiP .1, L ('e- I) _ . S�rt1 I am OPPOSED to granting this request for the following reasons: C 7 aos5�7� %ate (please print) Signature -/&y / 6 Z y� / Addre s city, State, Zip A Meeting of the La Porte Planning & Zoning Commission o (Type of Meeting) c� T-- " Scheduled for D d March 24, 2010 EM (Date of Meeting} m to Consider Rezone Request #R10-002 (Type of Request) have received notice of the above referenced public hearing. 10, "If am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Name (please ..Address A Meeting of the La Porte & Zoning Commission�j (Type of Meeting) ti TAIJ Scheduled for MAR 2 3 Z010 March 2 , 2010 (Date of Meeting) to Consider Rezone Request #R10-002 (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: ,, oy I am OPPOSED to granting this request for the following reasons: Name (ple print) A& r� Signature `—�- Address fe ` v l City, State, Zi A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for Match 24, 2010 (Date of Meeting) to Consider Rezone Request #RIO -002 (Type of Request) I have received notice of the above referenced public hearing. in FAVOR ofpunting this request for the following reasons: `` 4 Cfk U SC / /'S S' I -Ch k'_�c- cc►tr�( r ` e es air I am OPPOSED to granting this request for the following reasons: Name (pleasetAddress 77 Signa City, State, Zip