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Home My WebLink AboutO-2011-3352 LI to HI at 801 North 16th StreetE'� Council Agenda Item May 23, 2011 8. ZONING PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments for or against Rezone Request #11- 92000002, for the property located at 801 North 16"' Street, further described as a 9.1460 -acre tract of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, containing TRS A & 1A, Block 1, Nebraska Syndicate. Brolyn Petri, on behalf of Chemical Lime (Lhoist North America), seeks to have this property rezoned from Light Industrial (LI) to Heavy Industrial (HI) — T. Tietjens Ordinance — Consider approval or other action regarding an Ordinance amending Chapter 106 "Zoning" of the Code of Ordinances by changing classification from light industrial (LI) to heavy industrial (HI) for the property located at 801 North 16"' Street — T. Tietjens REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 23, 2011 Requested By: Tim Tietiens Department: Planning Exhibits: Ordinance Aerial /Zoning Map Ordinance: Appropriation: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION Brolyn Petri, on behalf of Chemical Lime (Lhoist North America), seeks to have the property rezoned from Light Industrial (LI) to Heavy Industrial (HI). The property is located at 801 North 16th Street. This property (9.1460 acres) is located just north of Barbour's Cut Boulevard adjacent to the Strang Road Yard and Union Pacific Railroad's undeveloped parcels of land. Surrounding properties to the north and east are currently zoned Heavy Industrial (HI). Properties to the south and west are Light Industrial (LI) zoned. This rail -served facility has been used for lime manufacturing since the mid 1980s and is currently a legal non -conforming use based on existing zoning. If approved, the zone change would bring this use into compliance with the requested zoning. The property is proximate to the Port of Houston's Barbour's Cut Terminal and a few miles from the Bayport Terminal. The City's Land Use Map shows underlying land uses as industrial. With the requested change, the property will be compatible with the current use and zoning designation of the surrounding properties. In addition, there is no future plan for its expansion or redevelopment. Therefore, traffic and public utilities will not be affected with the requested change to Heavy Industrial (HI). During the April 21, 2011 Planning & Zoning Commission meeting, a public hearing was held to receive citizen comments regarding Rezone Request #11-92000002. As required by Ordinance, notices of the public hearing were mailed to property owners within 200' of the subject site. No response was received from the mail out. The Planning and Zoning Commission, by unanimous vote, recommends City Council approval of Rezone Request #11- 92000002. 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 # -)2 00002, for the subject property from Light Industrial (LI) to Heavy Industrial (HI). r r/n /I / Ron Bottoms, City Manager 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) TO HEAVY INDUSTRIAL (HI) FOR 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 l: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: 9.1460 acres tract of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, containing TRS A & IA, Block 1, Nebraska Syndicate, 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) to Heavy Industrial (HI). 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. r PASSED AND APPROVED this the day of L , 2011. Patrice Fogarty, APPROV D: -� Clark Askins, Assistant City Attorney