HomeMy WebLinkAboutO-2011-3325 amend Ch106/LI and HI to PUD at 901 North Broadway7/8
REQUEST FOR CITY COUNCIL AGENDA ITEM
a Date Requested: March 14, 2011
Requested By: Tim Tietiens
Department: Planning
Exhibits:
Ordinance
Ordinance
Aerial /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 & Zoning Commission, during their February 17, 2011, meeting, held a public hearing to receive citizen
comments regarding Rezone Request #11-92000001. The applicant, La Porte Real Property, LLC., seeks to have the
property rezoned from Light Industrial (LI) and Heavy Industrial (HI) to Planned Unit Development (PUD). The property
is located at 901 North Broadway.
This property (47.709 acres) is located one block north of Barbour's Cut Boulevard between North Broadway and
North 8"' Street. It is bounded by undeveloped & heavily wooded `J' & `H' Streets rights-of-way to the north and
south respectively. Historically, the site is known as Harris County Municipal Solid Waste (MSW) Landfill No.3.
a Porte Real Property, LLC finalized the Harris County Landfill No. 3 purchase agreement in 2007.
The property is located in the general vicinity of the Port of Houston's Barbour's Cut Terminal. The City's Land Use Map
shows underlying land uses as industrial. The desired use is shipping containers and chassis storage parking. The
applicant's redevelopment plan shows the initial phase to stabilize the ground, site clearing, grading, surfacing, and
detention ponds and then plan for the storage of chassis and containers. In addition, TCEQ has approved the plans.
As the property consists of several lots, blocks, and tracts with split zoning, 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 thirteen property owners within 200' of the subject
site. No response was received from the mailout. The Planning and Zoning Commission, by unanimous vote,
recommends City Council approve Rezone Request #11-92000001.
Action Required by Council:
1. Conduct public hearing.
2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #11-
92000001, for the Landfill Site #3 from LI and HI to PUD.
Ron Bottoms, City Manager
X111
Date
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 LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) TO
PLANNED UNIT DEVELOPMENT (PUD) FOR A 47.709 ACRE (2,078,202 SQ.FT.) TRACT
OF LAND 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, 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: 47.709 acre (2,078,202 sq.ft.)
tract of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas,
containing all of Outlots 10 and 11, and Blocks 373, 374, and 376 in La Porte, Texas, a
subdivision according to the map or plat thereof recorded in Volume 83, Page 345 of the Deed
Records of Harris County, Texas, and all of Blocks 377, 378, 379, and 380 in the subdivision of
Outlot 9 of the Nebraska Syndicate Tract, a subdivision according to the map or plat thereof
recorded in Volume 458, Page 331 of the Deed Records of Harris County, from Light Industrial
(LI) and Heavy Industrial (HI) to Planned Unit Development (PUD).
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 /Z/4 -day ofjQX , 2011.
OF LA PORTE
Louis R. Ui by, Mayor
A ST:
Patrice Fogarty, Cit ecretar
APPROVED:
ZZ04
Clark Askins, Assistant City Attorney