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Home My WebLink About1992-07-13 Public Hearing and Regular Meeting . . MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL JULY 13, 1992 1. The meeting was called to order by Mayor Malone at 6:05 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: ci ty Manager Bob Herrera, City Attorney Knox ASkins, City Secretary Cherie Black, Assistant City Manager John Joerns, Police Chief Bobby Powell, Human Resources/Purchasing Manager Louis Rigby, Director of Parks and Recreation Stan Sherwood, Fire Chief Joe Sease, Finance Director Jeff Litchfield, Finance officer Linda Stubbs, Building Inspector Mark Lewis, Parks Superintendent Bert Clark, Recreation Superintendent Tim O'Connor, Athletic Coordinator David Hyde, Golf Pro Alex Osmond, EMS Chief Chris Osten, Accounting Supervisor Kathy Hutton Others Present: Shirley Mosely; J. T. Wingo; Carl Crisp; David Darby; Chuck Berry; Tammy Bittick; Tom Light; Morgan's Point Mayor Russell Applebe; Jason Applebe; John Black, Bayshore Sun; 20 citizens 2. The invocation was given by City Attorney Knox Askins. 3. Council considered approving the minutes of the Council meeting held June 22, 1992. Motion was made bv Counciloerson Clarke to aoorove the June 22 minutes as presented. Second by Councilperson Thrower. The motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilperson Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland 4. Mayor Malone. presented Shirley Mosely as Employee of the Quarter for January, February and March 1992. Finance Director Jeff Litchfield presented Shirley with a plaque. 5. The Mayor proclaimed July 13 as Alex Osmond and Chuck Berry Day, and presented a proclamation to David Darby, DARE Officer of the Year for Texas. e . Minutes, Public Hearing and Regular Meeting La Porte City Council July 13, 1992, Page 2 6. Special certificates of Appreciation were presented to J. T. Wingo, Tammy Bittick and Tom Light, for their efforts in rescuing Morgan's Point Mayor Russell Applebe and his son Jason after their sail boat capsized in rough waters during a squall. Mayor Applebe added his personal thanks to the recipients. 7. Mayor Malone called Public Hearing A to order at 6:26 P.M. This hearing was regarding proposed amendments to Ordinance 1501, city of La Porte Zoning Ordinance, regarding bed and breakfast regulations. Mark Lewis reviewed the amendments for Council. Several questions from Council were answered. The Mayor asked for public input; there was none forthcoming. The Mayor adjourned Public Hearing A. Public Hearing B was called to order at 6:35 P.M. This hearing was regarding a request to rezone 13.5632 acres being a part of a 38.2800 acre tract and part of and out of Outlots 692 and 693 of the W. B. Lawrence La Porte Outlots SUbdivision, from Mid-Density Residential (R-2) to Business Industrial (BI). Mark Lewis reviewed the request for Council, and stated that the recommendation of the Planning and Zoning Commission was to deny the request. Several questions from Council were answered. Attorney Dick Gregg, representing the property owners, addressed Council to ask for favorable consideration of the request. The Mayor asked for public input. Mr. Ray Roberson addressed Council, stating he was against the rezoning from a resident's standpoint, expressing his concern that some type of dangerous chemicals might possibly be stored at the facili ty. Mr. Charlie Young addressed Council to oppose the rezoning from a standpoint that statements made by Mr. Gregg regarding no expansion in that area having been made since 1983, that due to the recession, little expansion has been done anywhere. There being no further input, the Mayor adjourned Public Hearing B. 8. Council considered an ordinance amending Ordinance No 1501, the city of La Porte Zoning Ordinance, Article III, Section 3- 100; Article V, Section 5-600, Section 5-800; Article VI; Article X, Section 10-609. e . Minutes, Public Hearing and Regular Meeting La Porte City Council July 13, 1992, Page 3 The City Attorney read: ORDINANCE 1501-0 - AN ORDINANCE AMENDING ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, ARTICLE III, SECTION 3-100; ARTICLE V, SECTION 5- 600, SECTION 5-800; ARTICLE VI; ARTICLE X, SECTION 10-609; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson Gay to adoot Ordinance 1501-0 as read by the City Attorney. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 9. Council considered an ordinance amending Ordinance No. 1501, by changing classification of that certain parcel of land herein described. The City Attorney read: ORDINANCE NO. 1501-P - AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson Cooper to deny Ordinance 1501-P. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 10. Council considered approving a refund for overpayment of property taxes in excess of $500.00. Motion was made by Counciloerson Sutherland to aporove the refund for overpayment of taxes in the amount of $1.910.11. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. e . Minutes, Public Hearing and Regular Meeting La Porte city council July 13, 1992, Page 4 Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 11. Council considered amending the legal budget. This item was taken to executive session. 12. Council considered awarding a custodial contract for La Porte Recreation/Fitness Center. Motion was made by councilperson Maxwell to award the custodial contract for the Recreation/Fitness Center to Ouality Janitorial. Inc.. in the amount of $2.395.00 per month. Second by councilperson Gay. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 13. Council considered awarding a bid for volleyball standards. Motion was made bY Councilperson Cooper to award the bid for volleyball standards to Schelde Soorts Equipment in the amount of $5.406.00. Second by Councilperson Porter. The motion carried, 8 ayes and 1 nay. Nays: Councilpersons sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone councilperson McLaughlin Ayes: 14. Administrative Reports A. The City Manager reminded Council of the city auction on July 18, in conjunction with the city of Deer Park. B. The City Manager notified Council that there is a vacancy on the Audit Committee and a member is needed to replace former Councilperson Skelton. The Mayor asked if there were any volunteers, and Councilperson Thrower volunteered to serve on this committee. Council had no objections. C. The city Manager reported that the Recreation/Fitness Center will be substantially complete by the July 15 deadline. There will be an open house for invitees on e . Minutes, Public Hearing and Regular Meeting La Porte City Council July 13, 1992, Page 5 July 29 from 5:45 until 8:00 P.M. On August 1 there will be an open house for the public from 10:00 A.M. until 6:00 P.M. After August 1 the Center will be open for business. 15. Council Action Councilpersons Sutherland, Cooper, Thrower, Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to council's attention. 16. Council adjourned into executive session at 7:32 P.M. to address the following items under V.A.T.S. - Article 6252-17, sections 2 (E), (F), (G), and (R): (A) section 2(E) - Legal- Discussion with Special Counsel regarding Houston Chemical Services, Inc./Southern Ionics, Inc.; (B) section 2(E) - Legal - Receive report from City Manager on legal activities; (C) section 2(F) - Land Acquisition - Receive report from City Manager on land acquisition; (D) section 2(G) - Personnel - Discuss appointments to various boards and commissions. Council returned to the table at 8:36 P.M., having taken no action during executive session. The City Attorney was directed to make a title search regarding item C; the City Secretary was directed to place appointments to boards and commissions on the July 27 agenda and as action item and also an executive session item. Item 11 was then addressed. Motion was made bY Counciloerson Thrower to aoorove amendina the Leaal budaet as recommended by Staff. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 17. There being no further business to come before the Council, the meeting was duly adjourned at 8:37 P.M. Respectfully submitted: ~~ Cherie Black, City Secretary r e Minutes, Public Hearing and Regular Meeting La Porte city Council July 13, 1992, Page 6 Passed & Approved this the 27th day of July, 1992 If hmrM /Ill uA Norman L. Malone, Mayor . e . EMPLOYEE OF THE QUARTER JANUARY, FEBRUARY AND MARCH, 1992 Shirley Mosely began her career with the City in 1985 as an intern in the Finance Department. In 1987 she transferred to the Revenue Collections Division as a Customer Service Clerk. In 1988, she was promoted to an Accounting Technician I, where she was responsible for processing Accounts Payable. One year later, Shirley received another promotion to an Accounting Technician II, where her main responsibilities included the reconciliation of bank statements, investments and fixed assets. For the past 18 months, Shirley has been assigned to a project of monitoring our daily cash position to reduce our average daily cash balance at our depository bank to save the City maintenance fee charges and to earn a higher interest rate on funds that could be invested. The result of Shirley's effort is that the city of La Porte is $15,000 richer because of account maintenance fees that were avoided and extra interest earned because of the reduced bank balances. Shirley's goal for 1992 is the implementation of a computerized fixed asset system. Shirley has worked over the past year on updating the fixed asset files. This work effort paid off during the year-end audit where the number of adjustments to our fixed asset records were minimal. Shirley's cheerful and cooperative attitude makes her a pleasure to work with and sets a good example for others. She is a very valuable member of the City team with the knowledge she has acquired working the different positions she has held. She is always eager to learn new tasks and is willing to go the extra mile to complete an assignment. It is with great pleasure that we name Shirley Mosely as Employee of the Quarter for January, February and March, 1992. Offic.e of the l\\ayor Gcr fJ.,{J [) ~~tli.&~ r l1.JJ ~rrraa: The Sunshine Kids is a jJwrdation devoted to helping children with cancer to enjoy a more norma/life; and WHEREAS, Some of the activities the Sunshine Kids have enjoyed include a ski trip to Aspen, riding the rapids on the Guadalupe River, and participating in plays in Hollywood; and WHEREAS, Expenses are paid by the Sunshine Foundation, including expenses for medical representatives who volunteer to care for these kids during their activities; and WHEREAS, A golf tournament at Bay Forest Golf Course was recently held to raise funds for the Sunshine Foundation, planned and hosted by Alex Osmond and Chuck Berry; and WHEREAS, Alex Osmond and Chuck Berry did an outstanding job and should be congratulated for a job well done. NO~ THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim July 13, 1992 as ALEX OSMOND AND CHUCK BERRY DAY in the City of La Porte, for their outstanding contribution to the Sunshine Foundation and the Sunshine Kids. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 13th day of July, 1992. .' ':"~'ic"'~~~'\ ~-" or" i ,\\~' _..T. -1;' ~ .It\(~ J',,"< ..jO.."'...."''' r/) ~:J, ..; ~ ~ ~~~;r. u~"" ,} ~ ~,.. f .~.~ A "", ~J,~ 1 .l -\J--y ~~{,:,~\ . r t ~vr"',~, /' ~:;-":f ~, ~ ... ~ '~ . t,J --'~ ~ , -__ t:; !JOt. ,:... "-- :. ',,1' ~- ~._ ....,\."'- ~~ E . / .....l,O.",".......~" ~ ,. ' ':,.,.,'; ," 0( ~"~\t~ ~ .~.~_'.- - - ~,- CITY OF LA PORTE Norman L. Malone, Mayor Offic~ of the l\\ayor Gcr fJ.,{J [) ~~tli.&~ . ;~ ~ <? r ion l1.JJ~rrraa: Offker David Darby was a mojor force in getting the DARE (Drug Abuse Resistance Education) program into the La Porte schools in 1989; and WHEREAS, Officer Darby has taught over 1800 students to recognize the dangers of drugs and to give them tools to use to resist temptation, and conducted drug information programs for parents; and WHEREAS, Parents and teachers alike have seen positive changes in the youth who have had this training from Officer Darby and fellow Officer Richard Ayers; and WHEREAS, For his outstanding efforts in the DARE program, Officer Darby was, on June 12, 1992, named as DARE OFFICER OF THE YEAR FOR TEXAS. NO~ THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim that Officer David Darby is to be congratulated for his work with the DARE program, and for the honors he has received through his dedication to the youth of La Porte. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 13th day of July, 1992. CITY OF LA PORTE , ~,."-...,'~~~, ;:,~~ ,'I:' .,.?,\.( . . ~~~\ -- p,....~, p ~, f ~'~ }..Io~.: ,",4.~ ~.~, ~ JC~;~J d _ .... ~ 'Jr .I::.lt, ;! ",' ';.~ "" ..-....!',JI. : ~~ ~~ ~ i .-! ~ '/7 '<;f 1 !tr"\~ ; :. I, ~ ~ 1'/ ,., ~:;,: ., /. :../ :~. ~ ..:~-;- ..,,,..?'...., ./.;.:;;.... ",ri,.:"'~ ~ /:. , _ -~~..~k~: ~ 0, '\' ..t Norman L. Malone, Mayor ," \"~:~.:.." -.:.... ~ ~ ..;. , e . On Tuesday, June 30, 1992, a call was received of a capsized boat off the sylvan Beach boat ramp. Officer Tammy Bittick responded and observed a sail boat directly east of the boat ramp, with persons hanging onto the boat. Officer Bittick asked that the Coast Guard, HCSO Marine Division and the local game wardens be advised, and asked that an ambulance respond to stand by. While waiting for the first agency with a boat to arrive, Mr. J. T. Wingo, who is a volunteer fireman, arrived and advised he would assist and launched his boat. Officer Bittick and Paramedic Tom Light boarded Mr. Wingo's boat and went with him to help with the stranded persons. Occupants of the boat were Mayor Russell Applebe of Morgan's Point and his son, Jason Applebe. They were brought aboard Mr. wingo's boat and taken ashore. The quick actions of Mr. Wingo, Officer Bittick and Paramedic Light, without regard for their personal safety, very likely saved the lives of Mayor Applebe and his son. e e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: Julv 13. 1992 Requested By: Charles R. Harrinaton Department: Planning x Report Resolution x Ordinance Exhibits: staff memo and background information regarding proposed Bed and Breakfast amendments. Ordinance 1501-0 which will amend Zoning Ordinance regulations regarding Bed and Breakfasts. ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Summary: The Planning and Zoning Commission, at City council's request, has reviewed and recommended amendments to the Zoning Ordinance regulations pertaining to Bed and Breakfasts. These recommendations have now been forwarded to ci ty Council for final consideration. Recommendation: Staff concurs with the Planning and Zoning commission and recommends approval of the proposed Zoning Ordinance amendments. Action Required by Council: I. Conduct Public Hearing to take public comments regarding the proposed amendments. 2. Consider adoption of Ordinance 1501-0. Approval of the proposed amendments will be granted by ordinance adoption. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: N/A General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda ~t:~ obert T. Herrera City Manager ., -C\ .. ,\"1... Date ----------------------------------------------------------------- ----------------------------------------------------------------- e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 25, 1992 TO: Mayor Norman Malone, and City Council FROM: Charles R. Harrington, Director of Planning THROUGH: Robert T. Herrera, City Manager SUBJECT: July 13, City Council Public Hearing Regarding Bed and Breakfast Regulations City Council has been asked to conduct a July 13, 1992, Public Hearing. The purpose of this hearing is to consider proposed amendments to the Zoning Ordinance regarding Bed and Breakfast. The Planning & Zoning Commission has considered these regulations in its own Public Hearing and has recommended their approval by City Council. - In order to give Council the opportunity to review the proposed amendments, I've attached copies of the following: I. Staff report presented to the Planning & Zoning Commission on March 19, 1992. II. Minutes of the March 19, 1992 Commission meeting. III. May 22, 1992, letter of recommendation from the Planning & Zoning Commission Chairman. IV. Staff report presented to the Planning & Zoning Commission on April 16, 1992 and again at the May 21, 1992 Public Hearing and regular meeting. The April 16 report contains all the proposed Bed and Breakfast amendments as recommended by the Planning & Zoning Commission. Also included is a draft Bed and Breakfast application form. This information (minus the application) will also be included in Council's July 13, agenda packet in conjunction with the Planning & Zoning Chairman's formal recommendation letter and an adopting ordinance. I will be happy to answer any questions that may arise regarding these amendments between now and the Public Hearing date. xc: John Joerns, Assistant City Manager Askins & Armstrong, City Attorneys e e STAFF REPORT BED AND BREAKFAST INNS On January 16, 1992, the Planning & Zoning Commission met regarding the issue of Bed and Breakfast Inns. After discussion, we were directed to draft changes, as shown in Exhibit "A" to the Zoning Ordinance. In addition, we were directed to draft a "Licensing Ordinance" for control of the operation of said Inns. This ordinance is presented as Exhibit "B", Prior to actually setting a public hearing to receive input on the ordinance change, the staff would like the opportunity to propose an alternative for discussion. The staff's perception of the purpose of a bed and breakfast inn is three-fold. First, it provides an alternative lodging facility for those individuals who do not care for the standard hotel/motel facility. Secondly, the inn makes use of a property of either historic or aesthetic value along areas such as the bayfront. Finally, as an income generator, a bed and breakfast inn offers incentive to maintain olaer structures of historic or architectural significance. Of note, however, is the fact that a bed and breakfast facility is a business. It is neither a single family nor multi-family residence, but it is actually a hotel facility. There is a constant turnover of occupants whether it is one day or one week. It does generate traffic and introduces increased amounts of activity in an area. For this reason, the staff feels that there should be more discretion in the location of these types of occupancies. It is the position of the staff that bed and breakfast inns should be allowed in R-l, R-2, and R-3 zones by a Special Conditional Use permit and permitted by right in the GC zone as are hotels/motels. The requirement of a Special Conditional Use Permit in residential zoning districts would allow the City to confine the location of the Bed and Breakfast Inns to areas more befitting the purpose of such a facility, ie., areas adjacent to or with views of Galveston Bay. At the same time, we could place the following types of restrictions on the facility: 1) Maximum number of guest rooms 2) Off-street parking 3) Maximum length of stays 4) Management/Ownership 5) Signage e e Page 2 Staff Report Bed and Breakfast Inns 6) Building Codes 7) Fire Codes 8) Health Codes It would also eliminate the need for a companion licensing ordinance for which the Code Enforcement Division is not staffed to enforce. Finally, the Special Conditional Use Permit would prevent the creation of lodging or group homes in other areas of the City for which they have no special purpose or where there may possibly be conflicting Deed Restrictions. In view of the above information, the staff respectfully requests that consideration be given to the alternative presented and allow us to prepare ordinance changes that reflect that viewpoint. e e MINUTES PLANNING & ZONING COMMISSION MARCH 19, 1992 Members Present: Chairman Inge Browder, Commissioners Wayne Anderson, Eugene Edmonds, Doug Martin, Paul Schaider, Betty Waters, Lola Phillips Members Absent: None City Staff Present: Director of Planning Charles Harrington, Assistant City Manager John Joerns, Planning Secretary Peggy Lee 1) CALL TO ORDER Meeting was called to order by Chairman Browder at 6:00 PM. 2) APPROVE MINUTES OF THE JANUARY 16, 1992 REGULAR MEETING A motion was made by Betty Waters and seconded by Lola Phillips to approve the minutes as submitted. All were in favor and the motion passed. 3) APPROVE MINUTES OF THE JANUARY 23, 1992 SPECIAL CALLED MEETING A motion was made by Paul Schaider and seconded by Eugene Edmonds to approve the minutes as submitted. All were in favor and the motion passed. 4) DISCUSS ZONING ORDINANCE AMENDMENTS AND LICENSING ORDINANCE FOR BED AND BREAKFAST INNS At the January 16, 1992 meeting, the Commission directed staff to prepare language for a "Licensing Ordinance" for Bed and Breakfast Inns. Mr. Harrington addressed the Commission asking them to consider, for discussion, another alternative for the control and operation of the Bed and Breakfast. Mr. Harrington stated that staff recommends allowing Bed and Breakfast Inns to be located in the R-1, R-2, and R-3 Zoning Districts with a Special Conditional Use (SCU) permit, and a permitted by right use when located in a General Commercial (GC) District. With the SCD permit, restrictions could be placed to control the number of guest rooms, offstreet parking, maximum length of stay, management/ e e Page 2 of 3 Planning and Zoning Commission Minutes of March 19, 1992 ownership, and signage. This would also allow the Planning & Zoning Commission and the City Council to better control the location and special circumstances of each facility. Staff reviewed the guidelines set by other cities and found them to be comparable to what we are proposing. Eugene Edmonds provided the Commission with a handout he received from a Councilman. This handout addressed several items in the Staff Report. One item noted was for the terminology "inn" not be used when referring to Bed and Breakfasts. A copy of this handout is attached as a part of these minutes. A straw vote was taken and the Commission voted unanimously to have staff prepare language amending the Zoning Ordinance in accordance with Mr. Harrington's recommendations. 5) STAFF REPORTS Mr. Harrington addressed the City's Comprehensive Plan. He stated that there appear to be discrepancies between the Plan's intent and actual development patterns in the City. He further added that he sees the Comprehensive Plan as a living document that should grow and evolve with the City. He anticipates the Commission spending a good deal of time in the upcoming year addressing Comprehensive Plan issues. Mr. Harrington then addressed the issue of staff presentations to the Commission. His plans are to somewhat change the format of presentations. There will be a greater emphasis on inter-department cooperation in the preparation and ~. presentation of information to be given to the Commission. Finally, Mr. Harrington addressed the issue of signage in regards to Bed and Breakfasts. He asked for Commission input regarding size and location of signs. Betty Waters commented that 18" x 24" seems to be a typical size for Bed and Breakfast signs. She mentioned seeing a larger sign in Kemah which was unattractive. Doug Martin asked if signs would have to be located on the building or if they could be freestanding in a yard. Betty Waters stated that signs are commonly located in the yards. Doug Martin requested staff to prepare some example signs in various sizes. e e Page 3 of 3 Planning & Zoning Commission Minutes of March 19, 1992 6) ADJOURN A motion to adjourn was made by Betty Waters and seconded by Wayne Anderson. All were in favor and the motion passed. The meeting adjourned at 6:40 PM. The next meeting will be April 16, 1992. Respectfully Submitted, Peggy Lee, Planning Department Secretary Approved this the 16th day of April, 1992. Inge Browder Planning & Zoning Commission Chairman e e COMMENTS ON BED AND BREAKFAST. March 19, 1992 {r Inns are big business - Bed and Breakfast in homes is very small business. Inns take biq bucks - Bed and breakfast don't. A Bed and Breakfast Inn and a Bed and Breakfast in you home are entirely two different things. A Bed and Breakfast is a home with one room and maybe two rooms for one night. In fact it would be used like friends spending the night. It is more usually used by older people or people without children. It is not a Hotel or an Inn. If it is truly a hotel how can you limit the stay of any individual and why would you want to? It is in fact a small business located in a resident for the use of travelers who do not want to stay in an Inn or Hotel. It is for those who want to spend a day or two in a nice ~eighbo+hood and meet the kind of people in that town. An Inn is a type of Hotel. An Inn is large i usually with a restaurant, with many bed rooms, rooms for meetings and possibly business sessions. Also they have a bar or recreation areas of sorts. Special Condition Use Permit should be allowed for R-1, R-2, and R-3. Areas to be considered should be along the Bay or areas befitting the purpose and not in a sUbdivision. Number of guest rooms should be maximum of two, by reservation only and there should be off street parking. Owner should live in Bed and Breakfast facility at all times. Building and fire codes should be followed. Health codes should be enforced. No person should be allowed to operate or own more than one Bed and Breakfast facility. We don't need to get this all tangled up and confusing like the sign ordinance has become. Signs should be placed very nicely in the yard and not on any other locations. Facili ties will be advertized in magazines or newspapers. "'-- e CITY OF ~ PORTE PHONE (713) 471-5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572 May 22, 1992 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone, - - The Planning & Zoning Commission at its May 21, 1992 public hearing and regular meeting considered four (4) amendments proposed to Zoning Ordinance 1501. The proposals, which all deal with the regulation of Bed and Breakfasts, will amend the following ordinance sections: Section 3-100; Definitions Section 5-600; Residential Table A Section 5-800; Special Use Performance Standards Section 10-609; Required Parking The proposed regulations are detailed in the attached staff report. The Planning & Zoning CoJll111ission recommends City Council approval of each of these proposed amendments. Respectfully Submitted, ~~ luge Browder Chairman, Planning & Zoning Commission xc: Planning & Zoning Commssion e e Staff Report May 21, 1992 Public Hearing Regarding Bed and Breakfast The Planning and Zoning Commission has, over the course of several meetings, developed a series of regulations for Bed and Breakfasts. These regulations are proposed as amendments to the City's Zoning Ordinance. The Commission, as required by Zoning Ordinance Section IT-507, must now conduct a public hearing regarding the proposed amendments. After closing the hearing, the Commission will make a recommendation to City Council regarding these amendments. A copy of staff's April 16, 1992 Bed a~d Breakfast report iscattached. All proposed amendments are included in this report. . e e Staff Report Bed and Breakfasts April 16, 1992 The Planning and Zoning Commission, at its March 19, 1992, meeting directed staff to prepare language amending the Zoning Ordinance provisions that regulate Bed and Breakfasts (B&B). These regulations, which are located in four (4) separate ordinance sections, follow. The amending language which has been added to these sections is highlighted with bold face type. Language presently in the ordinance which is to be deleted is indicated by strikeovers. - 3-100 DEFINITIONS: '. Bed and Breakfast Hffi: . A building, the primary use of which is a single family residence, in which sleeping rooms are available for overnight rental subject to the following restrictions. 1. Bed and Breakfast l:E:B5 shall be operated by resident homeowners. 2. No more than three (3) rentnl rooms shall be provided. 3. Rooms shall be let by reservation only. 2. Bed and Breakfast ffif15 shall conform to the requirements of Section 5-800. 3. Parking shall be provided in accordance with the requirements of Section 10-609. 4. A Bed and Breakfast shall be allowed one (1) sign, not exceeding three (3) square feet in area and non-illuminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of Section 10-1000, Residential Sign Table B. e e Page 2 of 3 Planning & Zoning Commission Staff Report - Bed & Breakfast April 16, 1992 5-600 RESIDENTIAL TABLE A: Uses Zones R-1 R-2 R-3 MH Bed and Breakfast ffiHs as defined by Section 3-100 :Ie :Ie P * C C C 5-800 SPECIAL USE PERFORMANCE STANDARDS: H. Bed and Breakfast ffifls (as defined in Section 3-100) 1. Bed and Breakfast ffiHs shall be operated in accordance with the Bed and Breakfast and home occupation requirements of 3-100. 2. Additional required parking shall not be provided in any required front or side yard. 3. Bed and Breakfasts shall comply with the Boarding House requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). 10-609 REQUIRED PARKING: Uses Number of Parking Spaces Required for Each Bed and Breakfast ffiHs 2 Minimum. Plus 1 Each Rental Room e e Page 3 of 3 Planning & Zoning Commission Staff Report - Bed & Breakfast April 16, 1992 Staff has prepared a Bed and Breakfast application form. The purpose of this form is to provide staff and in turn, the Commission and Council with information regarding prospective B&B's. This form would be completed by an applicant and submitted in conjunction with a Special Conditional Use Permit application. A copy has been attached for the Commission's review (see Exhibit A). Staff has also, as requested by the Commission, prepared example B&B signs. These signs will be in the Council Chambers during the April 16, meeting. If the Commission is satisfied with these amendments, the next step will be to conduct a public hearing on this matter. May 21, 1992, is the Commission's next r~gularly scheduled meetirig date. This would be an appropriate date for the hearing. BEilfND BREAKFAST APPlICATION~RM APPLICATION NO. OPERATING NAME: ADDRESS: LEGAL DESCRIPTION: SEE ATTACHED c=J OWNER: PHONE: MAILING ADDRESS: NUMBER OF RENTAL ROOMS: APPLICANTS SIGNATURE: NUMBER OF PARKING SPACES: DATE: OFFICE USE ONLY DATE RECEIVED THIS FACILITY (OR THE PROPOSED RENOVATION PLANS) SATISFIES THE REQUIREMENTS OF APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. INSPECTOR: FI RE MARSHAL: DATE: DATE: SPECIAL CONDITIONAL USE PERMIT # HAS BEEN APPROVED c=J DENIED D DATE APPROVED OR DENIED: COMMENTS: e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: July 13.1992 Requested By: Charles R. Harrinqton Department: Planninq x Report Resolution x Ordinance Exhibits: 1. Staff report presented to the Planning and zoning commission at their June 18, 1992, Public Hearing and regular meeting. 2. Rezoning Ordinance 1501-P. The recommendation of the Planning and zoning commission is attached as an exhibi t of the ordinance. ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Summary: The Planning and Zoning Commission, at its June 18, 1992, Public Hearing and regular meeting considered rezoning request R92-001. This request seeks to have a thirteen plus acre tract of property rezoned from R-2, Mid-Density Residential to BI Business Industrial. The property in question, which is developed and operated as a warehouse/truck terminal, is located north of Fairmont Parkway, adjacent to a private road commonly referred to as Canada Road. The Planning and Zoning commission has recommended denial of this request. Recommendations: Staff concurs with the Planning and Zoning commission and recommends denial of Rezoning Request R92-001. ----------------------------------------------------------------- ----------------------------------------------------------------- Action Required by Council: 1. Conduct Public Hearing to take public comments regarding Rezoning Request R92-001. * 2. Consider adoption of Rezoning Ordinance 1501-P , or; 3. Deny rezoning by voting not to adopt Ordinance 1501-P. . Should Council choose to approve the rezoning, the provisions of Zoning Ordinance, Section 11-507. 8 will apply. This section states: The affirmative vote of at least three-fourths (3/4) of the City council is required to overrule a recommendation ... that a proposed change to this ordinance or boundary be denied. Should less than a three-fourths (3/4) majority of the Council vote to adopt Ordinance 1501-P, the rezoning will still be denied. ----------------------------------------------------------------- ----------------------------------------------------------------- e e Availability of Funds: N/A General Fund Capital Improvements Other Water/Wastewater General Revenue Sharing Account No.: Funds Available: Yes No ----------------------------------------------------------------- ----------------------------------------------------------------- Approved for City Council Agenda G<~ f, ~ Robert T. Herrera City Manager "'7 -1 ..tf-z.... Date ----------------------------------------------------------------- ----------------------------------------------------------------- ~ - e CITY OF LA PORTE e RECEIVED ,E-1-Q:Y COMM. DEV. APPLICATION FOR ZONE CHANGE REQUEST ---------------------------------------A~~li~;ti~~-N~~~--qjC=-at?7---- OFFICE USE ONLY: Fee: $100.0<) Date Received: <i!I?../q1- I . Receipt No.: (7~c:rG;lf ( ) Site Plan () Minor Development Site Plan ( ) Major Development Site Plan () General Plan ( ) Site Plans Submitted on APPLICANT'S NAME: Die k H. r, r ~ e ~, ,T-r , A t t n Tn p y f n r nwn p r Date: 1 7~'4 E1 5/5/92 Camino Re"1:i:::':~::~ Tdl)~I1JJi;;;;;:dO Trans-States Lines, Inc. \( '\ Address: OWNER'S NAHE: Address: P.O. Box 1383, Fort Smith, Arkansas 72902 PH: 'Property Legal Des?ription: I MI ~EJ<Qf"WE~ ~b'FrTFlEe HEREIN DESCRIBED PROPERTY AM ~ AUTHORIZED TO FILE THIS (X) See Attached Date: 5/5/92 Signature: RT SIC No. Zone: F2 Requested Zone Change: Proposed Usage: Trucking terminal ---------------------------------------------------------------------- ---------------------------------------------------------------------- OFFICE USE ONLY 1) Planning & Zoning: (a) Preliminary Meeting (b) Public Hearing/Mtg. - ~ /It fer;L I Recor.lmendation: . Applicant Notified of Date(s): ( 1Jt 11t~. ( vi 2nd Mtg. {, /7... It:} Z- I / Adjoining Property Owners Notified: 2) City Council: (a) Regular Meeting (b) Public Hearing/Mtg. - '//3/92 I I Approved ( ) Denied () Adopted by Amendment Ord. if 150 1 - _ CONTINU~D ON NEXT PAGE ) e e RECEIVE9, 5-1-Lf~ COMM.DEV. GREGG & MIESZKUC A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DICK H. GREGG, JR. MARIL YN MIESZKUC POLL Y p, LEWIS. DAVID R. JUIST JUDITH E. BLANCHARD ELIZABETH E. SCOTT May 4, 1992 17044 EL CAMINO REAL CLEAR LAKE CITY HOUSTON, TEXAS 77058 TELEPHONE (713) 488-8680 FAX (713) 488-8531 . Board Certified. Estate Planning and Probate Law Texas Board of Legal Specialization La Porte Planning and Zoning Commission City of La Porte o 0 0.......,.. 1 1 1 c: ... .""'. :....Jv.t\,. .L~.L..J La Porte, Texas 77571 Dear Commissioners: Attached is an application for a zoning change for a thirteen- plus acre tract to the north of Fairmont Parkway. carved out of La Porte Outlots 692 and 693, facing road krtown as Canada Road. A legal description This acreage and the buildings on it are owned by Lines, Inc. The site was on a private is attached. Trans-States The site is presently zoned R2. Trans-States, a trucking and warehousing operation, exists now under a non-conforming use permit. The company is requesting a zoning change to BI. This would bring the operation more nearly into compliance, although they would continue to need a special use permit under their non- conforming use status for their warehousing operation. This property is set back quite a distance from Fairmont Parkway and is, in fact, rather isolated. Directly across the street, the property is. .zonec. ME. This zcr..i!':g change '.."ould net adversely affect anyone around it. The change would just bring the business more nearly into compliance, enhancing the value of this La Porte business. We appreciate your consideration in this matter. cc: Trans-States Lines, Inc. c/o Mr. David Vandergriff ReQuested For: ReQuested Bv: Present Zoning: ReQuested Zoning: Background: e e ::il!I:~~~~:lllli'!.:IIIII.~!E'..'II!!~D!!IIII!i!lllll: 13.5632 acres being part of and out of a 38.2800 acre tract and also being part of and out of Outlots 692 and 693 of the W.B. Lawrence, La Porte Outlots Subdivision. The tract in question is located north of West Fairmont Parkway adjacent to a private road commonly referred to as Canada Road. (See Exhibit A) Mr. Dick H. Gregg Jr., Owner's agent R-2 Mid-Density Residential Business Industrial (BI) The tract in question is occupied by a truck terminal, warehouse facility, which is owned and operated by Trans-States Lines, Inc. This facility was constructed prior to December 23, 1983. This is the date when the tract was taken into the City of La Porte as part of the Spenwick/Collegeview annexation (Ordinance 1393). At the time of annexation, the property in question was assigned a zoning classification of R-1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at the time. On January 26, 1987, as part of the comprehensive rezoning of La Porte, the property was zoned R-2, Mid-Density residential. The comprehensive rezoning was carried out in conjunction with the adoption of the City's present Zoning Ordinance (1501) and as an element of La Porte's Comprehensive Plan. An excerpt from the Land Use component of the plan is attached as Exhibit B. This excerpt illustrates both the location of the subject tract in relation to already developed subdivisions and the plan's intent for future development. e e Page 2 of 3 Rezoning Request R92-001 This facility has operated a nonconforming use since annexation. The applicants are seeking this rezoning as a means to alleviate a degree of nonconformity. If granted, this rezoning would render the warehousing activities a conforming use. The truck terminal component of the business could well retain its nonconforming status. Analysis: When considering a rezoning, the Planning & Zoning Commission is charged to base its determination on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: I. The present zoning designation was assigned as a result of error, or; II. The present zoning designation was inappropriate at the time it was assigned; or; III. There has been a sufficient degree of change in or around the area in question to render the present zoning designation inappropriate. It should be noted that the burden of proving that one or more of these conditions has been satisfied is on the applicant. It should also be noted that should the Commission choose to recommend a rezoning, impact on the Comprehensive Plan must be assessed. Depending on the degree of impact, it may be necessary to amend the Plan. Staff has researched the Zoning assigned to this tract dating back to the 1983 annexation. No map or other errors were found. The present R-2 zoning of this property reflects the e e Page 3 of 3 Rezoning Request R92-001 intentions of the Planning & Zoning Commission and City Council at the time. The tract in question comprises less than 14 acres of an approximately 150 acre R-2 zone. IT rezoned, the new Business Industrial zone would be surrounded on all sides by residentially zoned property. There is no other industrially zoned property or industrial business in close proximity to this tract. In addition to the mobile home park (Pecan Plantation) referenced in the applicant's letter, the Trans-State facility is also located in the vicinity of a developed residential neighborhood (See Exhibit A). It is, as evidenced by the City's Zoning Map and Land Use Plan the intent of the Comprehensive Plan to see this area preserved and developed as residential neighborhoods (see Exhibits A & B). It is up to the applicant to demonstrate why the plan's intent for this area does not represent a reasonable development approach. Conclusion: From the information provided by the applicant, this request would appear to be based solely on a desire to eliminate the nonconformity of a single, isolated facility. Creating a small, isolated Business Industrial zone at this location would run contrary to the intent of the Comprehensive Plan and could well compromise the viability of the remaining undeveloped R-2 zone. Additionally, it should be noted that the present facility has operated legally as a nonconforming use since the time of annexation. Denying this request will in no way interfere with this facility's right to continue to operate in this manner in the future. Given these circumstances, staff recommends denying this request and retaining the R-2 zoning currently in place. =--rr-: ,...i.;N4,.....=J , .H_H'j 1 1 ;,:~J. 1,:: -'-~~, "_._._-:.j,:;;..,,,;.~..~..... :,::; -- ';;........J.. l . ..; .. ... ~:..1 .:;" 1 '7.. .1;" 1 '.1'''''',..;. . \ 'I . .; j ; .,~-~ ! t-,.lt.1.. ~'1.. .J". ~ - Jte '\ ., _ 00\ r .-, R-l~ !1 '.f '. "'..~ '" " ....lltli:&;!..'j~,::7.a 11 i"i'I' '" ,~ .~ - 111. ,,",: . - ...4t~~"f'I'" ,':. . '~~;t1' ~'.'. -~ ..,W '~~::!:~'.:1 ,.....~ ~-~ -]....... .~.... : ,I .1 i '" R-2 .~ ,."j . --- ~b- " :~ .. GC /., . \ ~ . r-<<r-"".-r -''''"-...,~''''~ ---r-~;j ~\ . -k' . ''':'.w ...... -r--1 .,;:~.. ..... l ; 1 ~\ ':{1 /. 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", LEGEND MH MANUFACTURED HOUSING R-I LOW DENSITY RESIDENTIAL R-2 MEDIUM DENSITY RESIDENTIAL R-3 HIGH DENSITY RESIDENTIAL NC NEIGHBORHOOD COMMERCIAL GC GENERAL COMMERCIAL BI BUSINESS INDUSTRIAL PARK LI LIGHT INDUSTRIAL HI HEAVY INDUSTRIAL PUD PLANNED UNIT DEVELOPMENT EXHIBIT A . \ e/ ~~.:::::::::::::::: ................. ...... .. ....... 0- ~:::::: . . ~ ..... : . -------- _._----------~ I ~. .. w. }/ . I . \ \ i\ ....- --.---.----~--. I I I I I I I I I I. I t. I r...................J .................... . ................. ... ..... .... ......... .. j t.:.:.:.:.:.J . LEGEND LOW ,DENSITY .RESIDENTIAl USES MID TO HIGH DENSITY RESIDENTIAL USES COMMERCIAL USES IgQgggggggggggg~ COMMERCIAL INDUSTRIAL USES INDUSTRIAL USES EXHIBIT B fi'~"''''''''''''''''''''' ....... I .... ......... ............... ........... ....................................... ....................................... ....................................... ....................................... ....................................... e e CITY OF LA PORTE PHONE (713) 471.5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572 June 30, 1992 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezoning Request R92-001 Dear Mayor Malone, The La Porte Planning & Zoning Commission, at its June 18, 1992, Public Hearing and regular meeting considered Rezoning Request #R92-001. This request seeks to have a thirteen-plus acre tract rezoned from R-2 Mid Density Residential to Business Industrial. The site is developed and operated as a trucking/warehousing terminal. The facility is located north of Fairmont Parkway adjacent to Canada Road, and is described by the metes and bounds description attached as Exhibit A. It is the opinion of the Commission, granting this rezoning would compromise both the intent and integrity of the City's Comprehensive Plan. We, therefore, recommend that City Council deny Rezoning Request #R92-001. Respectfully Submitted, ~ Gwwd:LL Inge Browder Chairman, Planning & Zoning Commission IB/ML/pal xc: Planning & Zoning Commission Members e . 3( -I!J-u4b8 . A percel or trect of l.nd cont.inin, 13.S632 .er.. ..1.1 ~ part of and out of a 38.2800 .er. tract, and .1.0 b.iR' part of~ and out of Outlot. 692 and 693 0' the W.S. Lawrence L. Port. Outlot. Subdlyi.io. p.r Mep or plat recorded t. Volu.. 83, pa,. 344 of the "arri. CountT Deed R.eorde, tn the Wi11ia. Jon.. Sury." Ab.tract "0. 482, tn La Port., R.rrla Count" T..e., .aid 13.5632 .cre. b.in, .or. p.rtieulerl, d..cribed b, ..t.. .nd bound. a. followe. I COmlBNCING at a I-inch iron 'plp. founel .ltkin, th, lOuth- I ea.t corn.r of .n 8.6522 8cr. tr.ct of l.nel, on tbe e.at 11n. of I Outlot 712, OD the we.t line of Outlot 713, on the north ri,ht- I of-va, lin. of rairmont rerkva" 250 f..t vid.. THENCE H 00 d... 10' 20" E, a10na lb. ...t Un. of ..14 8.6522 acr. trect, 00 the ea.t 11n, of .aid Outlot 712, on th, ve,t ltna of .eid O~tlot 713. ot 888.12 fe.t re.' a S/8-tach Iron rod found at the north..lt corner of Isid 8.6S22 acr. trlct. and conttnuin, for I total di.t.nc. of 968.72 f.et to a point for corn.r, on the north 1in. of aa 80 foot roedwa" ae fenced .nd occupied, ' THENCE N 89 d.,. 28' 54" W. alon, the north 11n. of .n 80 foot rOldv.,. a. fenced and occupied, for I dl.tanee of 436,84 Ceet to I J/2-inch Iron .et for corner, bein, the .outhve.t corner of the Ifor..eid 38,2800 acr. trlct, THENCE H 00 del. 10' 20" E, a10na the ve.t 11~e of the ..14 38.2800 ecre tr.ct, for I dl.tlnc. ot 960.65 f..t to . 1/2-1De~ lron rod let for the PLACE OF ~!GIHNINa, THIHCE H 00 de,. 10' 20" E, eontlnuinl 1100' the veet lln. of e.td 38.2800 acre tr.ct, for a di.tanc. of 698.51 f.et to a 1/2-1nch Iron rod .et for corner, on the .outh 11n. or . 140 foot wldl Drlln.,. Rl.ht.of-WI, COR,.,.e1 to the Rerrle Count' Flood Control DI.trlctl ' THENCE S 89 cle.. 30' 29" E. lIon, the 80uth line' of uU 1~0 foot Dretn... It,hl-of-V.,. tor a dletanc. of 845.84 f.et to . 1/2-1nch iron rod ..t for cnrner. on the ve.t 11ne of . 75 foot vide Oretna.. Rllht-of-W.,. THEHCE S 00 de" 10' 20" V. elon, the velt line of ..14 75 foot wide Drllna,e Riaht-of-WI" for I dietence of 698,'1 feet to e J/2-1nch iron rod .et for corner, THENCB N 89 e1e,. 30' 29" V, for a di.t.nc. of 845.84 f..t to the PLACH or 8EOINHING, of a tract coatllnlal 13.5632 acr,. of lend, LESS AND (XC~?7 all minerals and mineral all easements and r!qhts-of-way of record. .-.._....n... ...b.~..w.,=::==. ....~""".~,,~....d ~t~~~~~~t~ ~f'fGJi.~ III ~ MIle ,...." ~i1 jb'l.. eou;.iY, ,"" III JAN 111989 e (j...:A/I~ ~ COUNTY cl1llK. .~. .WlAIS COUNTY. tP." rights and subject to IlECOllDfA'S MEMORANOUM "I IHI IIMI 01 ~(COllO/lllOll. 11.' IHtlllll...", WA' IOUIID 10 'I IIIAIlIQIIAlt fOIl IHlIUI PtlOIOCIAArtlClllrllOOUClIIIII 8lC4US1 OIl1.llOlIlLlIY. C"11Ofl 011 "tOIO con. IMICOl000Ul PAPlIl, lie. " 'I I, r !I i e e ORDINANCE NO. 1501-0 AN ORDINANCE AMENDING ORDINANCE NO. 1501, THE CITY OF LA PORTE ZONING ORDINANCE, ARTICLE III, SECTION 3-100; ARTICLE V, SECTION 5- 600, SECTION 5-800; ARTICLE VI, ARTICLE X, SECTION 10-609; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING A SEVERABILITY CLAUSE; 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 21st day of May, 1992, at 6:00 p.m., a public hearing was held before the Planning and Zoning commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, the pUblisher's affidavit of publication of notice of said hearing. section 2. Subsequent to such public hearing, the City of La Porte Planning and Zoning Commission met in regular session on May 22, 1992 at 6:00 p.m., to consider the Ordinance amendments 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 May 22, 1992, a true copy of which letter is attached hereto as Exhibit "B", and incorporated by reference herein, and made part hereof for all purposes. Section 3. The City Council of the city of La Porte hereby finds, determines and declares that on the 13th day of July, 1992, a public hearing was held before the City Council of the City of La Porte, Texas, pursuant to due notice, to consider the recommendation of the City of La Porte Planning and Zoning commission. There is attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made a part hereof for all purposes, the pUblisher's affidavit of publication of notice of said public hearing for the city Council of the City of La Porte. e e Ordinance 1501-0 Page 2 section 4. 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 Ordinance 1501, the Zoning Ordinance of the City of La Porte, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. section 5. Article III, section 3-100 (Definitions) of the zoning Ordinance of the City of La Porte is hereby amended by striking from the definition of "Bed and Breakfast", the word "inns" and inserting language regarding compliance with other applicable codes. Said changes are set out by strikeover and boldface type on Page 1 of Exhibit D, the recommendations of the Planning & Zoning commission which is attached hereto and is fully incorporated by reference herein. Section 6. Article V, section 5-600, (Table A, Residential) of the Zoning Ordinance of the city of La Porte is hereby amended by striking the word "inns" from the Bed and Breakfast table listing and by redesignating Bed and Breakfasts a Conditional Use in R-l, R-2, and R-3 zones. Said changes are set out by strikeover and boldface type on Page 2 of Exhibit D, the recommendations of the Planning & Zoning Commission which is attached hereto and is fully incorporated by reference herein. section 7. Article X, Section 10-609 (Number of [Parking] Spaces Required) of the Zoning Ordinance of the City of La Porte is hereby amended by striking the word "inns" from the Bed and Breakfast table listing. said change is set out by strikeover on Page 2 of Exhibit D, the recommendations of the Planning and zoning commission which is attached hereto and is fully incorporated by reference herein. section 8. Any person, as defined in section 1.02(27) Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall e e Ordinance 1501-0 Page 3 continue shall constitute a separate violation. section 9. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. section 10. 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 preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil statues Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect 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 11. This Ordinance shall become effective fourteen (14) days after its passage and approval. The city Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the city of La Porte at least twice within ten (10) days after the passage of the Ordinance. e e Ordinance 1501-0 Page 4 PASSED AND APPROVED THIS DAY OF , 1992. CITY OF LA PORTE By: NORMAN MALONE Mayor ATTEST: By: CHERIE BLACK City Secretar By: APPROVED: e e La Porle, Texas 77571 (713) 471-1234 pueLlC NOTICE OF '.' ING .'. 'r,UBLlC ~EA.~ pro',/\6ion6 01. , nce WI\h \ e porte zon- In aCCOrde 1 \he City 01 La I"en \ha\ Ordinance 150 , lice is hereby g\ Com- d'nance.no d Zonng 1 B Ing Or Iporte planning anublic hearing 61 the La . nduct a p ~992. n 0\16610n W~~ ~e 21&t day II ~:y City Hall. 6:00 p.",. Chamber& 0 La porte. the Council. nt parkWay. 0 Hearing 604 West Falr~~6e 01 \he publl: Zoning · Voice 0 Te)(as, ih~tUr amend~ent:egulallon 01 \6' to con 50 1 r ardin9 ts are prop- Ordinan "'lasts mendm:~ Brealdast& Bed .e;i.~ lion '-100. Be e&ldential ~6e os!G1' tio 5-600. f\ ulatedwlth- dellned; S d & rea\l.la~t& r~e~aoo special 1 able A. . ts. section cial reg- o toning di&tr~. lander s. &p8 "'lasts. I~se pertorm ~Be & Brea ulalions pe ,I '~"g an~ lio I \h ~~~ public A. regul ~&. '14\11 101l0~ u n \he Zoni~g C~~\he purpose 01 a~:~u~ o\her hea~ng , Ing Item and ~ planning and publiC hear . in9 to the matter& pert:ssion, 'e r s i g n e d aut h 0 r i t y, 0 n Zoning Com & \I'Ie com- , " 9 to addres l' Hear- Cllll~nS v::; c~ durln9, \he,~u:e\~re \he missl~n ~o required to sign I log '14,111 , con"ened. , meeting IS this date ira E. Bumgarner, duly authorized Sun, a semi-weekly newspaper Harris County, Texas, and \-Iho cll'( Of \.A pORT6 i Cherie elac\l.. , City Secretary says the attached notice was -re Sun of May 06, 1992 ~/l-.JL~L/ A. ,6c'l.--')" '?f/\.....rl.<~ ~ ( Sandra E. Bumgarner Office Manager Sworn and subscribed before A.D. 1922.. me this :21 day of ,---L~",.( ~- tli- <..:::-. - iUvr'I. (:...<) ,hI. ~. j e'-~'or'0<7 Not ry Public Harris County, Texas FRANCES M. WilLIAMS Noll'Y PublIC SlAtE OF !EXAS My Comm. Eap.lhr'h 26, 1994 EXHIBIT A e e CITY OF LA PORTE PHONE (7131 471.5020 . p, 0, Box I I 15 . LA PORTE, TEXAS 77572 May 22, 1992 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone, The Planning & Zoning Commission at its May 21, 1992 public hearing and regular meeting considered four (4) amendments proposed to Zoning Ordinance 1501. The proposals, which all deal with the regulation of Bed and Breakfasts, will amend the following ordinance sections: Section 3-100; Definitions Section 5-600; Residential Table A Section 5-800; Special Use Performance Standards Section 10-609; Required Parking The proposed regulations are detailed in the attached staff report. The Planning & Zoning Commission recommends City Council approval of each of these proposed amendments. Respectfully Submitted, ~ Cj'iOUJCI.:vu lnge Browder Chairman, Planning & Zoning Commission xc: Planning & Zoning Commssion EXHIB'T 11 e e . ...,-- ~"'''';~l pUBliC ~OlICE O~\~G ,; ,\' .'. ~ 01 pUBLIC S;~e pro~~: Zoo- aCCordaoce e C\\'i 01 \..ll Neo \hat o:~~~&~:~;~~~~~~~~r~~~ ~~:u~;~ \09 porte CI\'i 00 P roo 00 amber the La earioO at 6: Council Ch 'ar\l.- publ\CI~U\Y 1992, \04~e$t f8\rroOO\ ~I \he da'lo . '~\a\\, 60 ...'" purpose d- l\heC1\'i le~a$. ,,,e \der aroe~ ,\ o La porte, . \0 coni nardlOO '148'1,. \1earioO 1$ . ce 150H~" end- publiC toZooi090rdla;rea\l.Ia$t~. ~-100, ~e;~ali:e o~~;~$~d ~~~t::;f:rn z:~~~_ Ine~\~ Breald~$\$ ~~:OO speci\ll~~~\aIiOO& Be. . Section Ipecia r .. di$~\I' S dards, aldal\li. tor ance Bed &. Bre d\ pe ~. 9 . ot \he Ci\'i cou;ur_ \ r roeetl~9 . n9 tor t\'\8 on9 91.1 he publ ub\ic tlea ai \ ~\\\ 0\\0 in 0 p a\\8f I pert n-, . yOS8 01 odu to\h i\ero and C\t 01.1 \. , . 0' e '" counc" i09 to \0 8ddre~s \h:ari09 V4iU cilizeO$ 1$~~99 \he publiC ~e roeeUOg con durl., \ bEltore . pro or , d \0 1\90 0 be reo,ulre d ' is conveoe . V. pOR1E C\1i' O~\ac\l. c~er\~ecre\~ __.ud Porte, Harris County, 'rexas, and \fho CI\'i dEter being duly sworn, says the attached notice was published in The Bayshore Sun of June 28, 1992 B La Porte, Texas 77571 (713) 471-1234 lersigned authority, on this date dra E. Bumgarner, duly authorized , Sun, a semi -weelely newspaper t.>Jw~. 4""7r'~'- Sandra E. Bumgarner Office Manager Sworn and subscribed before me this J!t} A.D. 19 q~. day of .)." ,,'- {/ c---1A-~-1'''~ '0 !JI. _ ;i.L(~ ....;> Notary Public Harris County, Texas -.:.:r;. FRANCES M. WilLIAMS II Uolary Public \ SIAllOF mAS My Comm Elp March 26. 1~94 ' 7~"7"".~T'"'" EXHIBIT C e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the city of La Porte Zoning ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of July, 1992, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider amendments to Zoning Ordinance 1501 regarding regulation of Bed & Breakfasts. Amendments are proposed for Section 3-100, Bed & Breakfasts defined; section 5- 600, Residential Use Table A, Bed & Breakfasts regulated within zoning districts; Section 5-800 Special Use Performance Standards, special regulations pertaining to Bed & Breakfasts. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the City 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 Cherie Black City Secretary EXHIBIT C tit tit The following report was considered by the Planning & Zoning Commission during the May 21, 1992, Public Hearing. The Commission recommends City Council approval of the proposals contained in this report. Staff Report Bed and Breakfasts April 16, 1992 The Planning and Zoning Commission, at its March 19, 1992, meeting directed staff to prepare language amending the Zoning Ordinance provisions that regulate Bed and Breakfasts (B&B). These regulations, which are located in four (4) separate ordinance sections, follow. The amending language which has been added to these sections is highlighted with bold face type. Language presently in the ordinance which is to be deleted is indicated by strikeovers. 3-100 DEFINITIONS: Bed and Breakfast ltm: A building, the primary use of which is a single family residence, in which sleeping rooms are; available for overnight rental subject to the following restrictions. 1. Bed and Breakfast lflfls shall be operated by resident homeowners. 2. N&-ffieFe-tlian three-(3) rental-Feems-sball-be-pffWided. 3. Reems-sfiaU-be-let by reseTYatien only. 2. Bed and Breakfast IHHs shall conform to the requirements of Section 5-800. 3. Parking shall be provided in accordance with the requirements of Section 10-609. 4. A Bed and Breakfast shall be allowed one (1) sign, not exceeding three (3) square feet in area and non-illuminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of Section 10-1000, Residential Sign Table B. EXHiBIT 1) . .. e e Page 2 of 2 Planning & Zoning Commission Staff Report - Bed & Breakfast April 16, 1992 5-600 RESlnENTIAI~ TAnI~E A: Uses Zones R-1 R-2 R-3 MH Bed and Breakfast Ifms as defined by Section 3-100 * * p * C C C 5-800 SPECIAL USE PERFORMANCE STANDARDS: H. Bed and Breakfast Iflfls (as defined in Section 3-100) 1. Bed and Breakfast JRRS shall be operated in accordance with the Bed and Breakfast and home occupation requirements of 3-100. 2. Additional required parking shall not be provided in any required front or side yard. 3. Bed and Breakfasts shall comply with the Boarding House requirements of the currently adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101). 10-609 REQUIRED PARKING: Uses Number of Parking Spaces Required for Each Bed and Breakfast IflflS 2 Minimum. Plus 1 Each Rental Room eXHIB\T D e e ORDINANCE NO. 1501-P AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; 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 18th day of June, 1992, at 7:00 p.m., a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, 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 (2001) of the properties under consideration. Section 2. The Publisher 1 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. Subsequent to such public hearing, the City of La Porte Planning and zoning Commission met in regular session on June 18, 1992, to consider the 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 June 30, 1992, a true copy of which letter is attached hereto as Exhibit "e", incorporated by reference herein and made a part hereof for all purposes. Section 4. On the 13th day of July 1992, at 6:00 p.m., a public hearing was held before the city Council of the city of La Porte, pursuant to due notice, to consider the question of the possible re-classification of the zoning classification of the hereinafter described parcels of land. e e Ordinance 1501-P Page 2 There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the "Notice of Public Hearing" which the city council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under consideration. 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. Subsequent to such public hearing, the City council of the city of La Porte reviewed the written recommendations of the City of La Porte Planning and Zoning commission, and all of the evidence presented before it, and the City Council of the City of La Porte hereby rejects 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 and the zoning classification of said parcels of land shall hereafter be BI - Business Industrial. The description of said parcels of land rezoned are as follows, to wit: A parcel or tract of land containing 13.5632 acres being part of and out of Outlots 692 and 693 of the W. B. Lawrence La Porte Outlots Subdivision per map or plat recorded in Volume 83, Page 334 of the Harris County Deed Records in the Williams Jones Survey, Abstract 482. More particularly described on Exhibit F, attached hereto and fully incorporated by reference herein. section 7. 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 ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised e e Ordinance 1501-P, Page 3 civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect 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 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the city of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this day of I 1992. CITY OF LA PORTE By: Norman Malone Mayor ATTEST: By: Cherie Black city Secr By strong City Attorney a Porte e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning commission will conduct a public hearing at 6:00 P.M. on the 18th day of June, 1992, in the Council Chambers of the city Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider Rezoning Request R92- 001, the request of Mr. Dick H. Gregg, Jr., Owner's Agent, for the rezoning of th~ following: 13.5632 acres being a part of and out of a 38.2800 acre tract and also being part of and out of Outlots 692 and 693 of the W. B. Lawrence La Porte Outlots subdivision, Volume 83, Page 344 of the Harris County Deed Records, William Jones Survey, Abstract 482, which is further described as being located at Canada Road and West Fairmont Parkway. The present zoning is R-2, Mid-density Residential. The requested zoning is Business Industrial (BI). A regular meeting of the Planning and Zoning commission will follow the public hearing for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the Planning and Zoning 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 Cherie Black City Secretary \ \ \ EXHIBIT A e e ';~~UC NOTICE -~,'.., . , In acoordance with Ih9 proVlslo' Ordinance 1501, the Cli)< ul ta r'brt. Ing Ordinance, notice Is hereby Olvt' the La Porte Planig and onlng mission will condu t a PU, hi heal 6:00 P.M. on the 1 th day 0 June; In the Counoll Ch ' s 0 the Ci~ 604 West Falrmo ,ar Y~' e ' Texas. The purpo&e of the ubi H is to consider Aezo ng eq ,(/)04; iD~ g~, tt. ~ . ,R92-oo1, the request of M Dick fl""" t cO '" =t ,. ~ "'.' Jr., Owner's Agent, tor the rezoning III~..' '. .: _' follow~ :. ~ ,rt. '\t:P~i -'3.5632 acres being apartof.--" 'a', ~l\ .\-~ ~ a38.2800...cretractandalso~:olg" _.~. -I a IDID is' andoutofOut1ota692and6930'~ .~. '~I, a \irgi;~ ' Lawrence La Porte Outlots lub ~ Q,. \log, i Ol . ~ ;1 rt. VoJume~"Page3440ftheHarrl'. ljIl"'l\' .,,'. 0 ~.% . J) ~.\~, Deed Reocitdl, William Jonel t\. \. C;,. ~ i ~ ~ l. ~. it t. r:t.'Ui Abstract :482, which II runher de. . '0 \. \!l i ~.~ ;1 ~ ';);a-:;' al being located at Canada Ao,\ .0 ~ ~ 9- a? 6 ~ '& ~ !?. . West Falrmont Pa~way_ .! . -a &. 6 15.Cf Q. !?.;. 9- The preaont zoning II R-2, M1d-dl, tn . ",.i i a a ~..... ~ A.esldendal.. ~he req~sted zoning 11\ ~. ~ ~'l ~ i i ~ '. ' 51 ~, 5 ~ c: ~~. \lit I~~~;a '~g".;;g,\ thority, on 9-i~ a"$a",~ lD I.. : ' 'lrner, duly La POrle, Texas 77571 (713) 471-1234 this date authorized agent of The ~-Wee)(ly newspaper .~, published in L____________~rlarris County, Texas, and \'lho after being duly sworn, says the attached notice was published in The Bayshore Sun of JW1e 03, 1992 - ct..-11.:;i-t::/ j. 6(.(.'1" 1'- '?(,/}.-:/1-'?"'L.--' Sandra E. Bumgarner Office Manager Sworn and subscribed before me A.D. 19~. thi s ;2 q day of (Jf4'Yd - (/ ~~~Y'-c-~o hi, JlLl~~,.~_.:J Notary Public Harris County, Texas ~~:&O;~.- FRANCES M. WILLIAMS , Nolarv PuLllt SlATE Of TEXAS MV Comm hp Malch 26,1994 EXHIBIT B e e ,'. :'".-.' ,'," . ,j'\;,>'i:)L:;:;(}}: ; ~ ~.; ~'):':':)i ":! " ; .:: CITY OF LA PORTE PHONE (713) 471.5020 . P. 0, Box I 1 15 . LA PORTE. TEXAS 77572 June 30, 1992 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezoning Request R92-001 Dear Mayor Malone, The La Porte Planning & Zoning Commission, at its June 18, 1992, Public Hearing and regular meeting considered Rezoning Request #R92-001. This request seeks to have a thirteen-plus acre tract rezoned from R-2 Mid Density Residential to Business Industrial. The site is developed and operated as a trucking/warehousing terminal. The facility is located north of Fairmont Park.-way adjacent to Canada Road, and is described by the metes and bounds description attached as Exhibit A. It is the opinion of the Commission, granting this rezoning would compromise both the intent and integrity of the City's Comprehensive Plan. We, therefore, recommend that City Council deny Rezoning Request #R92-001. Respectfully Submitted, ~C3ww~ Inge Browder Chairman, Planning & Zoning Commission IB/ML/pal xc: Planning & Zoning Commission Members FXHlBff C e e '13f -I !J-lJ4tiU I A par~al or tr.~t of land ~ont.iniQ' 13.5632 .cro. b.ia. ~ part of and out of a 38.2800 .ct. tract, and al.o b.in. part ol~ .nd out of Outlot. 692 .nd 693 01 tho V.B. Lavr.ncA La Porta Outlot. Subdiyi.ioD par ..p or plat racordad iA Volu.. 83, pa'A 344 of thA ".rria Count, Deed Record., in tha Villi.. Jona. Surve" Ab.tract No. 482, In L. Porta, n.rrl. Count" T.x.., .aid 13.5632 ocro. beln. aoro p.rticul.rlJ d..cribod b, met.. and bounda 01 follow.. COtlHBHCIHG at . i-tnch tron .p1pe found muld1l8 th. lOuth- .aat corner 01 an 8.6522 .cr. tr.ct oC lend, on the co.t line of Outlot 112, 00 the W03t lin. ot Outlot 113, on tho north rl,ht- ot-vo, lino ot F.1raont P.rkva" 250 Co.t vide, THENCE H 00 d.,. 10' 20" E, .10Ra Lh~ aaat 11n. ot ..id 8.6~22 a~re tro~t, 00 the co.t 11n. ol .01d Outlot 712, on the vest 11nA oC .01d O~tlot 713, at 888.12 t..t ro" . "B-tDch iron rod found at the northaaat corner ol .oid 8.6522 acr. tract, end contlnuln, tor a tot.. di.t.nce at 968.72 toat to . point tor ~ornar, on th. north IJne ol aD 80 toot roodva" .. lanced and o~~upledl . THEUCE H 89 da,. 281 '4" W, alon. the north 11no ot an 80 Coot roadva" a. teRcod and occupied, Cor . dl.tan~. ot 436.84 teet to a 1/2-lnch Iron a.t lor corDer, boln, the .outhve.t corn.r of the eCor.t.ld 38.2800.ecr. tract, THENCE N 00 de,. 101 20" E. alon, the veat 11no 01 the Hid 38.2800 a~re tr.ct, lor e dl.t'R~e oC 960.65 '.ot to a 1/2-IDcb iron rod aet lor the PLACe OF ~!CIHHIHGI THENCE H 00 de.. 10' 20" E, contlnulna .100' the va.t 11n. ot ..1d 38.2800 &~re tract, tor a dlatenca 01 698.51 t.et to . 1/2-lnch IroA rod .ot lor corner, on the .outh line oC a 140 toot wid. Dreine.. Rlaht-ol-W'J con",.d to the n.rria Count7 Flood Control DI.trJctj , TH~NCE S 89 de,. )0', 29" E. tlonl tho aouth line.ot ..1d 140 toot Dr.lne.. li,ht-ot-Wa,. lor & dlatence ot 84~.84 leat to e 1/2-lnch Jron rod .at {or cnrner, on the ~e.t IJno ot a 75 loot wide Drain.,. Rlaht-o{-W',I THENCE S 00 dea. 10' 20" V. .10n. tho vo.t line ot ..Id 75 toot vJde Draina,e Rlaht-oC-We" lor. di.tenco ot 698.'1 loet to . 1/2-inch Iron rod e.t tor ~ornorl THENCB H 89 Jo,. 3D' 29" V, lor. dJ.t.neo ot 84'.84 loet to the P~ACB or 8EGINNING, ot a tract cODt.lnlDI 13.'632 .~r.. ot lend. .11 lESS AH[, [XC~?: all minerals oInd mineral ease~ent5 and r~ihts-ot-WGY ot record. "" .IHI.......... _ __ __ ....: ::.::b.....~";,;:..I,.cOioWl \III. ::"JlT.(.oUII.CIILIl~ M.~W&~~k.:ll \nIl!lllMClI-l!? ~:::;~:;:n :r.=:r... ~ll. ~~ 'r.J:"'''::. r:r~.. "19I1'l" MI ~[Q1~. Irllllt 11,"11 tounll. Ian IA JAN 1 7 1989 ri9hts and subject to e (/...;A /I~ COUtHY CUJIK. ,""'RII OOUHT't. T[M' IIfCOllllfR'$ MUlORAHllUlI All... IIUI 01 UCO'ID.<llOfj, III' VIlIIlUMfHI ..., IOUND 10.1 ltWllQUAlC rOIl 1111 "" "'lOlOGAAn~ II/'IIOOUCIIO" IlI:CAUSt Dll.lI01llllrY, tAl lOOt 001 '"010 Q;t'Y, /)t$WlOlllD ,AlIA. lie. "H\omt C I I I ; I. ;, I, I' II !! THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE e NOTICE OF PUBLIC HEARING e In accordance with the prov1s1ons of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of July, 1992, in the council Chambers of the city Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider Rezoning Request R92-001, the request of Mr. Dick H. Gregg, Jr., Owner's Agent, for the rezoning of the following: 13.5632 acres being a part of and out of a 38.2800 acre tract and also being part of and out of Outlots 692 and 693 of the W. B. Lawrence La Porte Outlots subdivision, Volume 83, Page 344 of the Harris County Deed Records, William Jones Survey, Abstract 482, which is further described as being ~ocated at Canada Road and West Fairmont Parkway. The present zoning is R-2, Mid-density Residential. The requested zoning is Business Industrial (BI). A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the City 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 Cherie Black City Secretary EXHIBIT 1) e e THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the prov1s1ons of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 13th day of July, 1992, in the Council Chambers of the city Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to consider Rezoning Request R92-001, the request of Mr. Dick H. Gregg, Jr., Owner's Agent, for the rezoning of the following: 13.5632 acres being a part of and out of a 38.2800 acre tract and also being part of and out of Outlots 692 and 693 of the W. B. Lawrence La Porte Outlots SUbdivision, Volume 83, Page 344 of the Harris County Deed Records, William Jones Survey, Abstract 482, which is further described as being located at Canada Road and West Fairmont Parkway. The present zoning is R-2, Mid-density Residential. The requested zoning is Business Industrial (BI). A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the city 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 Cherie Black City Secretary EXHIBIT ~ PUBLIC NOTICE 1~u 11cr;' OF ' PUBLIC HEARING In accordiance with the provisions of Ordinance 1501, the Cily of La Porte Zon- Ing Ordinance, notice Is hereby given tha, I' the La Porte City Council will conducl a . public hearing at 6:00 p.m. on the 13th. : day of July, 1992, In the Couf\cil Cham- ~ bers of the Cily Hall, 604 West Fairmont ~ Parkway, La.Porte, "fexas. The purpose " ot the Public Heanng is to consider., Rezo~n'n Request R92-OO1, the requesl r pf R. Di ~. Gregg Jr., Owner's Agent. for, ' Ihe fe ~~f the follqWifl9: . . 13. 2a sbelngap!ll'tofandoutof a 38,2800 a tracl and also being part of. andoulolO Uots692and 30ItheW.B. Lawrence a aO ols utldivsion, l s Volume 83, Page 34 oft arris County Deed Records . 'am nes Survey, (\bslract 482, is"t er desCribed as being located at Canada Road 8l1d West Fairmont Parkway. e B e 're SUD The presenl zoning Is Rc2, Mid-density . , Residential. The requested ionlng Is Bus- . he d ' . Iness Industrial (BT). ,u n e r S 1 g n e d aut h 0 r i t y, 0 n t 11 i s d ate :I A regular meeling'ot' the ci~ Council' 'ed Sandra E. Bumgarner, duly author ized , will tollow Ihe public !learing tor Ih~ pur- . h ' ,pose 01 acting upo.n the public !lea ring ., ys ore Sun, a semI-weelcly newspaper i lIem andlo conducl olher malters pertal/l- . ' IngtotheCilyCouncil. ",,'.".;., Porte, HarrIS County, Texas, and who :. . ...... .. . \lfl."'1ql..,,,...,,.,..,..~,....,,I"':n . .. .CitizenswishlngtoaddresstheCouncll'.,y sworn, says the attached notice \'las pro or con during thlt Publlo Hllarlng will be required to sign io belore !he meeting e Bay s h 0 reS uno f 'Is convened. ., .. ..."...:. ,,: ."... CITY OF LA PORTE Cherie Black City,~ecretary ___.__' June 28, 1992 ,'7 .,J~e~~. 4~'Yl~~~ Sandra E. Bumgarner Office Nanager .. /}(..l ?< day 0 f 9-~ '- )....c..- ~~t-C-~ ft. . _ :i;l~~~ Notary Public Harris County, Texas Sworn and subscribed before me this A.D. 19c?)-. EXHIBIT E ~~ FRANCES M. WIlliAMS Notary PublIC slArE Of fEXAS II, ComaI. Up. ....'h 26. 1 ~ La Porte, Texas 77571 (713) 471-1234 I , . e e '13f -/!:HJ4ti8 . A parc.l or tract of land coptatniD, 1'.5632 acre. betal part of and out of a 38.2800 acr. tract, and .t.o belnl part of~ and out of Outlot. 692 and 693 of the W.8. L.wrence L. Porte Outlot. SubdiYl.ioD per ..p or plat recorded lD Volume 83, p.,. 344 of the "arri. Count1 Deed Recorde, In the Villi.m Jon.. Surve" Ab.tr.ct No. 482, tft La Porte, Rarrl. Count" rexa., .ald 1~.5632 acre. bein. .or. particularl, de.cribed b, met.. end bound. a. follows. COMHBNCING at . I-Inch iron 'plpe found markins the .outh- ea.t corner of .n 8.6522 acr. tract of land, on the ea.t line of Outlot 712, 00 the ~e't line of Outlot 713, on the north ri,ht- of-wa, 11n. of Falrmont Parkwa" 250 f.et wide, THENCE N 00 dea. 10' 20" E, alons th~ .allt lin. of .ai4 8.6522 acre trect, on the te.t line of 8.1d Outlot 712, on the "'est line af .aid Ou'tlQt 713, at 888.72 f.et rOI' . 'IS-tach lron rod found at the northeallt corner of lIatd 8.6522 acr. tr.ct. end contlnuln, for. total dl.t.nce of 968.12 f.et to . potnt tor corn.r, on the north 11ne ot 80 80 foot ro,dw", .. leReed and occupied, ' THENCE N 89 del. 28' ~4" W. alon8 the north line of an 80 (oot roedwa,. al fenced and occupied, (or. di.tance of 436.84 (eet to . 1/2-tnch 1ron eet for coroer, beln, the .outhve.t corner of the afor...ld 38.2800 acre tract. THENCE H 00 des. 10' 20" E, alon8 the we.t line of tha .al. 38.2800 acr. tract, tor. dlatance of 960.65 f..t to a 1/2-ioch iron rod eet for the PLACE OF bEGINNING, THENCE N 00 de.. 10' 20" E. contlnulna eloo, the weet 11na of 881d 38.2800 acr. tr.ct. for 8 dletance of 698.51 reet to . 1/2-1nch iron rod eet for corner, on the .outh l1ne of . 140 foot vide Draina,. Ri&ht-of-Wa, con,.,ed to the R,rri8 Count, Flood Control Dlatrict: ' TH~NCE S 89 des. 30' 29" E.elon, the .outh I1ne'of 8.id 140 foot Dratn.ae 11.ht-ol-V.,. tor. dl.tenet of 84S.84 feet to . 1/2-1nch iron rod eet for cnrner. on the v.et line of . 15 loot wtde Drelnas. Rlaht-o(-Va" THENCE S 00 de8. 10' 20" V, .lon, the we.t line of e814 75 foot wid. Dratnaa' Riaht-of-Vs" for a di.t.nce of 698.51 feet to . I/l-1nch iron rod lI.t lor corner, THENCB N 89 de,. 30' 29" V. lor e di.t.nce of 845.84 teet to the PLACE OF BEGINNING, of a tract cODt.iniDI 13.5632 acr.. of land. LESS ANV EXC~?7 all minerals and mineral all easements dnd r:;hts~of-way of record. ~...... Wl.""Ul.~~==' .... ~ ~ ~f1J wa ......._IN. ~~.TtMS, ~~~'&~RRJ\. ~UmeM .. flllD ~fh "='= ~=:'.n~~~~,=,="'Ae~~ II .,\V ~~.1lI '" ttarn. CoulIty. ....111 JAN 1 7 1989 e (j....a ,11../. ...~ COUNTY clERK. HARRII COUNTY. lOA' rights and subject to I :1 I' RUORDER'S MEMORANDUM AllHI llMI 01 A(COII~'IOH, lH1' INSlllUMUtT WAS fOUND '0 IllHADlQUATt fOIl 'HI IU' rttO'OGAAI'HIC IllI"llOOUCllC* .CAUSe Of IllIGlBILllV, CAAllOft 011 rttOTO c;ory, DlICOlOllUl 'APua,nc. I' I! II ,I i EXHIBIT F " - e CITY OF LA PORTE APPLICATION FOR ZONE CHANGE REQUEST e RECEIVED b-1-q d-" COMM. DEV. ---------------------------------------A~~li~;ti~~-N~~~--q~=-at?7---- OFFICE USE ONLY: Fee: $100.00 Date Received: $"/I7---/Q'J- Receipt No.: (?, I{r;"t.f I . ( ) Site Plan () Minor Development Site Plan ( ) Major Development Site Plan ) General Plan ( ) Site Plans Submitted on ---------------------------------------------------------------------- APPLICANT'S NAME: j); ck H r:;r~ee, ,T-r , Arrnrnpy fnr ()wnpr Add ress: 17nd~ F.l Date: 5/5L92 OWNER'S NAHE: CamiDQ Real~i:::]:~::: T;f)~l1l1l;;;:iIZ Trans -States Lines, Inc. \( " Address: P.O. Box 1383, Fort Smith, Arkansas 72902 PH: 'Property Legal Des~ription: I AH rli~~'Ofro!~ -~'FrT*e HEREIN DESCRIBED PROPERTY AM ~ AUTHORIZED TO FILE THIS (X) See Attached Date: 5/5/92 Signature: RT SIC No. Zone: F2 Requested Zone Change: Trucking terminal Proposed Usage: ---------------------------------------------------------------------- ---------------------------------------------------------------------- OFFICE USE ONLY 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - ~/,<(/cr)..... , Recor.lmendat ion: . Applicant Notified of Date(s): ( 13t 11t~. ( vi 2nd Mtg. C/z-/ql- I / Adjoining Property Owners Notified: 2) City Council: (a) Regular Meeting (b) Public Hearing/Mtg. - ,113/92 , I Approved ( ) Denied () Adopted by Amendment Ord. i:: 150 1 - _ CONTINU~D ON NEXT PAGE ~ e e RECEIVE~ 5-1-~f~ COMM. DEV. GREGG & MIESZKUC A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DICK H. GREGG, JR. MARIL YN MIESZKUC POLL Y P. LEWIS* DAVID R. JUIST JUDITH E. BLANCHARD ELIZABETH E. SCOTT May 4, 1992 17044 EL CAMINO REAL CLEAR LAKE CITY HOUSTON, TEXAS 77058 TELEPHONE (713) 488-8680 FAX (713) 488-8531 . Board Certified. Estate Planning and Probate Law Texas Board of Legal Specialization La Porte Planning and Zoning Commission City of La Porte o (' "01""'1,'."''''''' I: _ .....,. ~u^ .J..~~..J La Porte, Texas 77571 Dear Commissioners: Attached is an application for a zoning change for a thirteen- plus acre tract to the north of Fairmont Parkway. The site was carved out of La Porte Outlots 692 and 693, facing on a private road known as Canada Road. A legal description is attached. This acreage and the buildings on it are owned by Trans-States Lines, Inc. The site is presently zoned R2. Trans-States, a trucking and warehousing operation, exists now under a non-conforming use permit. The company is requesting a zoning change to BI. This would bring the operation more nearly into compliance, although they would continue to need a special use permit under their non- conforming use status for their warehousing operation. This property is set back quite a distance from Fairmont Parkway and is, in fact, rather isolated. Directly across the street, the property is. .zonee. ME. This zor.ir.g change ~..,culd not adversely affect anyone around it. The change would just bring the business more nearly into compliance, enhancing the value of this La ~orte business. We appreciate your consideration in this matter. cc: Trans-States Lines, Inc. c/o Mr. David Vandergriff ReQuested For: ReQuested Bv: Present Zoning:: ReQuested Zonin~: Backwound: tit e .......,... .......................................... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . ...,'.....-.-....,..-. ................,......................................', ......................................................................'..................... ";:;:::;:::::::::::: ".::::::::::;:;:;:;:::;::;:::;:;:::;:;:::;:;:;:;:;:;:;::;:;:;::;:;:;:::::::;:;:;:::;:;:;:;:;:;:;:;:;:;:::::::;:;:;:;:::::::;:;:;:;:;:;:;:;:;:;:;:;::;:::;::::;:;=::;:: '''::':B.~~qp.mg:::::R~qlil't.:::':~IQP~:.':'':':: 13.5632 acres being part of and out of a 38.2800 acre tract and also being part of and out of Outlots 692 and 693 of the W.B. Lawrence, La Porte Outlots Subdivision. The tract in question is located north of West Fairmont Parkway adjacent to a private road commonly referred to as Canada Road. (See Exhibit A) Mr. Dick H. Gregg Jr., Owner's agent R-2 Mid-Density Residential Business Industrial (BI) The tract in question is occupied by a truck terminal, warehouse facility, which is owned and operated by Trans-States lines, Inc. This facility was constructed prior to December 23, 1983. This is the date when the tract was taken into the City of La Porte as part of the SpenwickjCollegeview annexation (Ordinance 1393). At the time of annexation, the property in question was assigned a zoning classification of R-1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at the time. On January 26, 1987, as part of the comprehensive rezoning of La Porte, the property was zoned R-2, Mid-Density residential. The comprehensive rezoning was carried out in conjunction with the adoption of the City's present Zoning Ordinance (1501) and as an element of La Porte's Comprehensive Plan. An excerpt from the Land Use component of the plan is attached as Exhibit B. This excerpt illustrates both the location of the subject tract in relation to already developed subdivisions and the plan's intent for future development. e e Page 2 of 3 Rezoning Request R92-001 This facility has operated a nonconforming use since annexation. The applicants are seeking this rezoning as a means to alleviate a degree of nonconformity. IT granted, this rezoning would render the warehousing activities a conforming use. The truck terminal component of the business could well retain its nonconforming status. Analysis: When considering a rezoning, the Planning & Zoning Commission is charged to base its determination on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: I. The present zoning designation was assigned as a result of error, or; ll. The present zoning designation was inappropriate at the time it was assigned; or; ill. There has been a sufficient degree of change in or around the area in question to render the present zoning designation inappropriate. It should be noted that the burden of proving that one or more of these conditions has been satisfied is on the applicant. It should also be noted that should the Commission choose to recommend a rezoning, impact on the Comprehensive Plan must be assessed. Depending on the degree of impact, it may be necessary to amend the Plan. Staff has researched the Zoning assigned to this tract dating back to the 1983 annexation. No map or other errors were found. The present R-2 zoning of this property reflects the e e Page 3 of 3 Rezoning Request R92-001 intentions of the Planning & Zoning Commission and City Council at the time. The tract in question comprises less than 14 acres of an approximately 150 acre R-2 zone. If rezoned, the new Business Industrial zone would be surrounded on all sides by residentially zoned property. There is no other industrially zoned property or industrial business in close proximity to this tract. In addition to the mobile home park (Pecan Plantation) referenced in the applicant's letter, the Trans-State facility is also located in the vicinity of a developed residential neighborhood (See Exhibit A). It is, as evidenced by the City's Zoning Map and Land Use Plan the intent of the Comprehensive Plan to see this area preserved and developed as residential neighborhoods (see Exhibits A & B). It is up to the applicant to demonstrate why the plan's intent for this area does not represent a reasonable development approach. Conclusion: From the information provided by the applicant, this request would appear to be based solely on a desire to eliminate the nonconformity of a single, isolated facility. Creating a small, isolated Business Industrial zone at this location would run contrary to the intent of the Comprehensive Plan and could well compromise the viability of the remaining undeveloped R-2 zone. Additionally, it should be noted that the present facility has operated legally as a nonconforming use since the time of annexation. Denying this request will in no way interfere with this facility's right to continue to operate in this manner in the future. Given these circumstances, staff recommends denying this request and retaining the R-2 zoning currently in place. '~...'>j.r:...t.J ~ ~ . " ' ~f~~.",J ~ :., ~,' -~.y ,-l~'1:f'" rj i J ~~ 'OJU(l''''~,)l ,iIQ 1 " ~~l '- - .~ 1:" . ",'~ ,;' #.NoI'''' 'i".:l" ':' ! ~..,.;,~. .~~....(; ],... ~," . '1$ : ~ : ,j f .. R-2 ::>>.. ~ e' :} ~MH.-";, . R~ ,...., .-.." 7rild. in ~'bcn R-~ GC / .....-.............,...';... '. ~ ." .........".. -- ....'; l 'Y __ _. ......::;.. ..... ",J ']',."':'."" ...... ..,........,.........,.........,"'...',""".. Ct.:! ~~ Ne :!. ;;; i t :~ ~ ':v .1, f1 j ~~,.',.' /~~<r'.. R ";'K,';; , . l""....4>J.t}d, ~ ~&fd~~,Jo. , :...::t~ t! ,,,,,,,'r~il' I . ~ i ''#Jo t. " ,"< $. ~ .. ' ~ " $. ~ ~ . :::.'$ '~ \ ~: ,R-t :.'J ".,LR~2-... ,...,.. "El!;?'MiIt? a ...-......... .liL '1 .~~A',.-~r~~r~:.!~:.. :>:'~T ~..:"\~:T - '........... ~ :~ .-.- ..... ------ .. / / / " / / I .I/ { ~ . .. / / .. " ~ 'i' LEGEND MH MANUFACTURED HOUSING R-l LOW DENSITY RESIDENTIAL R-2 MEDIUM DENSITY RESIDENTIAL R-3 HIGH DENSITY RESIDENTIAL NC NEIGHBORHOOD COMMERCIAL GC GENERAL COMMERCIAL BI BUSINESS INDUSTRIAL PARK LI LIGHT INDUSTRIAL HI HEAVY INDUSTRIAL PUD PLANNED UNIT DEVELOPMENT EXHIBIT A ... \ lO1>Ll.l -------- -.-I----------~. .. ... , f / 1\ . . \ I .".- .-.-.-----.~.-. I I I I I I I I I I. I L I t.....'.. '..,'..,'... " .................... ...................... ..... .... ........... : t.:.:.:.:.:.1 Igggggggggggggg~ I .......Ii IU I ....................-..........!..!j.. .....-..............-......-.-..... ..............-..-.........-........ ...........--..........--.......... - ...........................-..-..... -.................................-.. . i LEGEND LOW DENSITY .RESIDENTIAL USES MID TO HIGH DENSITY RESIDENTIAL USES COMMERCIAL USES COMMERCIAL INDUSTRIAL USES INDUSTRIAL USES EXHIBIT B e e CITY OF LA PORTE PHONE (713) 471-5020 . p, 0, Box 1 1 15 . LA PORTE, TEXAS 77572 June 30, 1992 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezoning Request R92-001 Dear Mayor Malone, The La Porte Planning & Zoning Commission, at its June 18, 1992, Public Hearing and regular meeting considered Rezoning Request #R92-001. This request seeks to have a thirteen-plus acre tract rezoned from R-2 Mid Density Residential to Business Industrial. The site is developed and operated as a trucking/warehousing terminal. The facility is located north of Fairmont Parkway adjacent to Canada Road, and is described by the metes and bounds description attached as Exhibit A. It is the opinion of the Commission, granting this rezoning would compromise both the intent and integrity of the City's Comprehensive Plan. We, therefore, recommend that City Council deny Rezoning Request #R92-001. Respectfully Submitted, ~~ChG Inge Browder Chairman, Planning & Zoning Commission IB/ML/pal xc: Planning & Zoning Commission Members e '13f -{!HJ4t)8 -- . A p.rcel or trect of tend cont.iniDI 13.5632 .cra. bel.. ~ part of end out of e 38.2800 .cra tract, and al.o bein. pert of~ and out of Outlot. 692 and 693 of the V.8. Lavrance L. Port. Outlota Subdl.laioD per ..p or plat recordad 1. Volu.e 83, p... 344 of the narri. Count, Deed Record., In the Vill1a. Jone. Sur.e,. Ab.tract No. 482, In La Port., R.rrla Count" T..a., .ald 13.5632 .cra. balnl .ora p.rtlcularl, d..crlbed b, .at.. and bound. a. followa. COHMBNCINC at a I-inch hon 'plpa found ..rkina tbe lOuth- ea.t corner of .n 8.6522 acr. traet of land, Oft tbe ea.t I1n. of Outlot 712, 00 th. vest lln. of Outlot 113, on th. nortb rt.bt- of-va, lint of Feir.ont P.rkva" 250 f..t vide, TIlENCE H 00 de,. 10' 20" E, alonl the ...t lin. of ..id 8.6522 ecre trect, 00 the ea.t line of laid Outlot 712, on th. vest line of .aid O~t10t 713, at 888.72 f.et pa.. . 5/8-iDCh iron rod found .t the northe.et corner of laid 8.6522 acr. trlct, and contlnuln, for I total di.t.nce of 968.72 fe.t to . potnt for corn.r, on the north line oi aD 80 foot rOldv." .. fenced end occupied. ' TIlENCE H 89 de.. 28' 54" V, alonl th' north lina of .n 80 (oot roedvef, e. fencad and occupied, for a di.tanc. of 436.84 leet to a 1/2-inch Iron eet (or corDer, bein, th, .outbve.t corner of the .for.laid 38.2800 .cr. tract, THENCE N 00 de.. 10' 20" E, .10nl the ve.t li~. of th. ..ld 38.2800 acre tr.ct, for. dietanc. of 960.65 f.et to . 1/2-1Dcb iron rod eet for the PLACE OF IEGIHNING. TIIENCE N 00 de.. 10' 20" E, continuln, al0D, tb. v..t lin. of e.td 38.2800 acre tract, for a di.tanca of 698.51 f.et to . 1/2-1nch iroD rod .et for corner, on the .outh line or . 140 foot vld. Drain... R1lht.of-VaJ eon,.,.d to the narri. Count, Flood Control DI.trict; . THENCE S 89 d". 30'.29" E, .10nl the louth lina'o( .aid 140 foot Dr.lna,e ll.ht-ol.V." for a dl.tanca of 84~.84 raet to a 1/2-lnch Iron rod .et lor cnrnar, on the v.et line of . 75 foot vide Dr.in..' Rllht-oi-V." THENCE S 00 de,. 10' 20" V, .10n, the v.et lin. of ..1. 75 (oot vide Drllne,. Rilht-of-Vi" for. di.tanca of 698.51 f..t to a 1/2-1nch iron rod I.t for cornar, TKENCB H 89 de,. 30' 29" V, for. di.t.nea of 84'.84 faet to th. P~ACB or BEGIHNING, of a tract cODt.lnlD, 13.'632 .cr.. of lend. all LESS ANt' EXC~?7 aU minerals and mineul easements and r:qhts-of-way of record. .....-n,;".... ...li....~";,=-,====. ~ .~if'..... &lb~~~&f~~t:.~t:"a r''''''.r::~ MIc JItCDldl.c aeil l\I'''~~'''' III JAN 17 1989 rights ane subject to e C/....a /(JJ-- COUNTY CURK. tWtRII COUNTY. ~ RUOllIllIl'S MEMORANDUM A' 1 III 1""1 01 ArCOlllll\l1011. TId 1HS11I\I1llH1 WAS fOUND 10 N _QUATC fOIl 'HI Nn PHOTOOIWHlC IIlrllOOUCTIl* .CAUSe OIIlLlOllItITY. CAll80lt 011 PHOTO COPY. _OlIEO ,,,,IA. ne. L ;1 I, r ,I !! e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED Ju1v 13. 1992 REQUESTED BY Jeff Litchfield DEPARTMENT Director of Finance xx REPORT RESOLUTION ORDINANCE EXHIBITS: Documentation SUMMARY AND RECOMMENDATION Hi-Lo Auto Supply paid their property taxes twice for the 1989 tax year. The amount over paid was $1,910.11. State property tax law (Section 31.11) requires that refunds exceeding $500.00 be approved by the governing body. ACTION REQUIRED BY COUNCIL: Approve refund of amount that was overpaid. AVAILABILITY OF FUNDS: GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: N/A FUNDS AVAILABLE: YES NO APPROVED FOR CITY COUNCIL AGENDA Q~ 1"": ~ ROBERT T HERRERA CITY MANAGER "I-'i-q2. DATE e City of La Porte Established 1892 1haJ /9, /99JJ- dj..:)'" U ,LUll" &...r tf;tiiV; ~ ~.. J;;l1! J~ y~ ~, dv 77(J7J De a r )l1/v 'ibv- ;!~~ Icttzi4f ,f/;;o/Y/<Y- 3~4Y'i!J Tax year 19ft) Acct iF IJ I 73,j11 Bill # j9 -oj J. o,df "..' , .:.l!.lS refund is the result r Duplicate payment Overpayment Erroneous payment To process this refund, please designate if the refund is to be refunded to you (the p~operty owner) or to your mortgage company. -If it is to be sent to your mortgage compar.y, fill in the lines below. Name of mortgage company Address ,.of mortgage co. Loan number This form must be completely filled out and returned to the Ci~y of La Porte Tax Of~ice before a refund can be processed.~/~ ~ Check appropriat~x /"// _ Prooe rty owne r lJ::::J A~~~ Mortgage companyc:J Signature c Direct inqu~ries to Tax Office 8:00 a.m. to 5:00 p.m.Mon-Fri r.o. BllX 1115 · La P'lrre. Texa, 7757=.1115 · (71)) 471.5022 , ' .; e ITY OF LA "PORTE 'e, .. , :00aA. MARKET AND AsseSSED VALUE, ' ;,; If PAlO , ,IN .,ANA M.,ESTRADA eT NOV' OEe .269,030- . AN FEB 269,030 AR. PR AY: UN UL' UG EP' ,1989 tA~ stAtE:MENt AN,AODI~10NAL'15X ATTORNEYS FEE\WILL BE ADDED"TO'THIS'.BILL.ONJULY11ST.r INCLUDE WI TWYOUR PAYMENT IF' PAID '. ON , -' ,4 ,'. - .~, rPTION AND ACRES ; \, F&F INV_M&E LSHLD IMPR c BUSINESS PERS PROP . PROP,LOC: 1012 S BqOADWAY Sf DISCIPEN. & INT. I : 00 I 00 :00 I : 00 . 1 3 3: 70 . ~171: 90 21 0:: 11 " 248: 31 286: 5 1 343: 81 '.:'362:: 92 382: . 02 l'f'Af1i4\! AfJi:lU~f'-:f-'. }. r. I 1910;11 1910"11 1 91 0: 11 I 1 91 0: 11 2043: 81 2082: 01 21 20: ' 22 2158: 42 2196: 62 2253: 92 2273: 03 2292: 13 . ;'*":"TT'"'-~-'~-:1~' 'j ~::'~t~r"~r--~: ..,~,. o W N E R '( SEE INFORMATION ON REVERSE SIDE ) , \, ,I .. ,I . ,- :.: i ~ oj !i' "1,. " ,>- f.!. .... 1 '. "'~\I_{ ~1:..1:1':' t .. '~, .~ en, _*,6 F:rta,.:i,'{'.!C' " 'PO.R, ;v.-.~~' :."F'" J l,"" ...,r..;..~::I,,'M;G:,:;.; ,~r'SEO. NO. " "I..~" ...1 P.~ ~ ~ 'i-c; ,a-..\,I .:', ',' .',' ......,;.. ,)""-.1 --', R ~,,', ", ,...' '\,;.~;' '_.I<. 'oJ ,~.I . ',i, , ' .,,' '._~~" 1 ' ..}.1 -, . :[, 'hOOit ~~R@t~hN.,~'ASSES$~b V~LUt \l!~' .t~!ll . !D!.SCl~EI't ~ IlilT ..t ,'\ 11 \./AC 'R" i. "J"C')I~' )('fi-l~.'i".~i~;-' (A111l \ I " . s ~ ,.' , ", ,'.. . , , , ", '..... 1 JO\'.', 'r c', r ;'~:(. -. :ou '~ I ::-, c' ':1 , ..1 .3 0 ,... . i ; 'I I r' 'f.,. -. . ,....', ... "I ... \"';-l'~F' \'/'1.,''t,:f.: L . .. I z,so,.:ro:", <iiR 171: 7< ;r" ,. ,.., . , ~.\O ." , :?:lG'fAf" '. j 'I)":' ,:'.~ 1(lf',~ 2= lKY. \: l,~r:t-'.~': l' 1 .' " ,', 'I J ~i:'i';) C) z,,'- ,t~ e j t, } '- ,'.. ~ '3 ~~. 3 ~ \~~~ 'IIJ.',I:I:l:_ .:J.,-'; 17!:~ f -;.-, 1.\ TAX ASSESSOR I~COLLECTOR ;.". . 4 \' ,:\ i:.', (. 1'. .:, !; "'\ ;~,. Ur:, , f? ~- ;"~l~ir'tC ) I :i-; #. n> I. ... Y S 1= E. (' i : L L :!,:.~ '::ILL Ci~$, J:JL'I':-lST" y ~~ U'~ . p ", '( to,t !~ ~~; r r -;'}fC:.. r =' L ~~ T () f?;t it~ C ~~ 0 R or H ;? /~ ~ ,.,. f' C :.j:~ /}:S. v ri ;', ;) . , , (" , II ~ t,.. '~:~ ., '1. .j, ~' ,. "'1 1 ;.:'-12:. .,~'~f,"T\ C' ~,: ~, C/O JAMES A. HALL & ASSOCIATES, INC. SOUTHWEST FREEWAY SUITE HOUSTON, TX cn074-1498 . , ';-1. !. ,~t., -, ,'I T .'. ... Let. ! 1 "~~: t.t ~ r" ~ ... :: 1" '7 ';' POK '* i .' 'i~ ~, .: F " " ? " ". ~ , '," '. 1,\ 9494 \: ' t,'" I .1 ~ i . L. '. ( SEE INFORMATION ON REVEH~t:. ~IUl:: ./ l' . .. .\ -'" J . \ '\ . I .. '. .,1 ; 1 - ; I I .'" J 412 ' e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE REQUESTED Julv 13. 1992 REQUESTED BY Robert T. Herrera DEPARTMENT City Manager xx REPORT RESOLUTION ORDINANCE EXHIBITS: SUMMARY AND RECOMMENDATION On September 27, 1991, a truck operated by Rhone Poulenc was involved in a chemical spill in which the City of La Porte was required to provide emergency response. The chemical that was spilled was hexamenthlylen diisocyanate, which is a hazardous material. Rhone Poulenc was billed for the cost associated with our efforts to provide the emergency response. The amount they were billed and paid was $37,942.85. We would like to place these funds back into the City's Legal Division budget. The amount we would like to amend the Legal Division budget by is $40,000.00, which represents the amount received from Rhone Poulenc plus an amount for accrued interest. ACTION REQUIRED BY COUNCIL: Approve amendment of the Legal Budget by $40,000 which represents the amount recovered from Rhone Poulenc for our cleanup of their chemical spill on September 27, 1991. AVAILABILITY OF FUNDS: xxx GENERAL FUND UTILITY FUND OTHER ACCOUNT NUMBER: 001-600-608-XXX FUNDS AVAILABLE: xx YES NO APPROVED FOR CITY COUNCIL AGENDA O~\,~ ROBERT T HERRERA CITY MANAGER J6 .., \ l\ \ C\ d... DATE e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 13. 1992 Requested By: stan Sherwood Department: Parks & Rec. x Report Resolution Ordinance Exhibits: Memorandum from buyer, memorandum from Bert Clark, Park superintendent. SUMMARY & RECOMMENDATION Sealed bids #0488 for a custodial contract for the La Porte Recreation/Fitness Center were opened and read on June 15, 1992. Bid invitations were mailed to ten (10) companies with five (5) returning bids. Those submitting bids were STM Janitorial at One Thousand Three Hundred Twenty-Five Dollars ($1,325.00) per month, Team Building at One Thousand Eight Hundred Thirty-Eight Dollars and Fifty-Seven Cents ($1,838.57) per month, Quality Janitorial Inc. at Two Thousand Three Hundred Ninety-Five Dollars ($2,395.00) per month, Super Janitorial at Three Thousand Two Hundred Dollars ($3,200.00) per month, and Janiking at Four Thousand Four Hundred Ninety-Five Dollars ($4,495.00) per month. The two low bids were submitted by custodial services who we believe do not have the qualifications or experience to maintain the Recreation Center. STM Janitorial Service gave three (3) references with all three rating the custodial service as average. Moreover, the three (3) facilities (references) that STM maintains average 1,500 square feet in size. Although, Team Building received a good rating from the references, the facilities that Team Building maintains are exclusively office buildings which are maintained five (5) days a week. However, Quality Janitorial, Inc. has a record that reflects a company which is more than qualified to maintain the Recreation Center. Quality is an established company that has been in business for eight (8) years and employs four hundred (400) people. Five (5) references were contacted regarding Quality's Service with all five of the companies rating the service as excellent. One of the references in question is the West Uni versi ty Recreation Center which is comparable to our recreation center. Additionally, the La Porte Recreation Center will be maintained seven (7) days a week. Funds of Eleven Thousand Dollars ($11,000.00) were allocated in this fiscal year's budget for a custodial service and will be used to pay Quality for the remainder of this fiscal year (July 15 - September 30, 1992 an amount of $5,987.50) Action Required by Council: Approve Quality Janitorial, Inc. bid for janitorial services for the Recreation/Fitness Center in the amount of $2,395.00 per month. Availability of Funds: xxx General Fund capital Improvement Other Water/Wastewater General Revenue Sharing Account Number:001-80Q-800-606 Funds Available: -X- YES NO Approved for city Council Agenda QJ~ T ~~ Robert T. Herrera city Manager ., {'\ \,,-, Date , \\ \ \ \ \ TO: FROM: SUBJECT: e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 16, 1992 STAN SHERWOOD, DIRECTOR OF PARKS & RECREATION SUSAN KELLEY, BUYER .)1- SEALED BID #0488 - JANITORIAL SERVICES - WELLNESS CENTER Advertised, sealed bids #0488 for j ani torial services Wellness Center were opened and read on June 15, 1992. Bid requests were mailed to ten (10) area services with five (5) returning bids and one (1) no bid. .. Attached you will find a copy of the bids for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. SK/jm Attachment: .Bid Tabulation Bids xc: Bert Clark, w/attachments '~LLNESS CENTER (Price per lOIlth) e e BID TABULATION - JANITORIAL SERVICES 5TH JANITORIAL TEAM BUILDING $1,325.QO $1,838.57 QUALITY SUPER JANITRL $2,395.00 $3,200.00 JAi'fIKING $4,~95.00 'Ii & ;W MAINT KO BID ,. r CITY . LA PORTE PARKS & RE~ATION INTER-OFFICE MEMORANDUM JUNE 25, 1992 TO: Stan Sherwood, Director of Parks & Recreation Bej'&;rk, Parks Superintendent FROM: SUBJECT: Recommendation for Custodial Service I have reviewed the bids we received for the janitorial service for the Recreation/Fitness Center. We received five (5) bids with the lowest being submitted by STM Janitorial with a bid of $1,325.00 per month and the highest being submitted by Janiking at a bid of $4,495.00 per month. The other companies which submitted bids were Team Building ($1,838.57 per month), Quality Janitorial ($2,395.00 per month), and Super Janitorial Service ($3,200.00 per month). The STM Janitorial Company is a "mom and pop" organization which does not maintain large facilities. I contacted the references that STM submitted with their bid package with all references rating the service as average. The second lowest bid was submitted by Team Building ($1,838.57 per month) and I was only able to contact two (2) of the three (3) references that were submitted by this company. Both references gave Team Building a good rating; however, after contacting the owner of the company, I don't believe that the company is capable of providing us with quality service. Team Building only has four (4) employees, excluding the owner and her husband who also perform janitorial services. Additionally, the facilities that the company maintains are exclusively office buildings. The company has no experience working in recreational facilities. The third lowest bid was submitted by Quality Janitorial, Inc. ($2,395.00 per month), and after investigating this company I have received only positive comments regarding Quality Janitorial's service. Quality presently maintains the City of La Porte's Public Works building and City Hall, with both buildings being maintained at a high level. Quality Janitorial has a staff of four hundred (400) employees and has been in business since 1984. I . . Page Two e Recommendation/Custodial June 25, 1992 e contacted five (5) references that Quality submitted, in their bid package and all five references gave Quality an excellent rating. Moreover, one of the facilities that Quality maintains is the West University Recreation Center which is a facility that is comparable to our recreation center. It is obvious that Quality is much more qualified to maintain the City of La Porte RecreationlFitness Center than either STM or Team Building. Therefore, I am recommending that we reject the two lowest bids and award the bid to Quality Janitorial, Inc. Please respond to this memo at your convenience. BC:ke e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 13. 1992 Requested By: stan Sherwood Department: Parks & Rec. x Report Resolution Ordinance Exhibits: Bid tabulation for volleyball standards at the La Porte Recreation/Fitness Center. SUMMARY & RECOMMENDATION Advertised, sealed bids #0490 for volleyball equipment for the La Porte Recreation/Fitness Center were opened and read on June 8, 1992. Bid requests were mailed to ten (10) suppliers with four (4) returning bids. Those submitting bids were B.S.N. Sports at Two Thousand Seven Hundred Fifty Dollars ($2,750.00), Texas Athletic at Four Thousand Five Hundred Thirty-Five Dollars ($4,535.00), Schelde Sports at Five Thousand Four Hundred six Dollars ($5,406.00), and Hoops sporting at Seven Thousand Three Hundred Thirty-Two Dollars ($7,332.00) . After thoroughly investigating each bid, the two lowest bids, B.S.N. Sports and Texas Athletic did not meet specifications. The following is a list of specifications absent from these two low bids: B.S.N. SPORTS 1. The volleyball standards do not allow for infinite net heights. specifications call for net heights to range from ground level to be used for indoor tennis up to the standard volleyball height. BoSoN. Equipment allows for just two (2) heights; one at seven feet six inches (7' 6") and one at eigh~ feet two inches (8'2"). 2. The volleyball standards (poles) do not meet the four inch ( 4") diameter specifications. B. S. N. standards (poles) are three and one-half inch (3 1/2") diameter. 3. The referee stand does not meet the specification of having a minimum of five (5) heights. B.S.N.'s referee stand is not adjustable having only one height. 4. The brass floor covers do not meet the four inch (4") specifications. B.S.N. floor covers are three and one- half inch (3 1/2") diameter. ATHLETIC SPORTS 1. The volleyball standards do not allow infinite net height adjustment, by means of slide bars with net fixations. 'These slide bars shall move in track, to run the full length of the uprights on both sides. Athletic Sports Equipment will allow infinite net height but the net adjustments must be taken apart and placed at the height you need, they will not slide easily down the track the way the specifications read. 2. The referee stand does not meet the specification of having a minimum of five (5) heights. Athletic Sports referee stand is not adjustable having only one height. e e Page Two Council Agenda - July 13, 1992 Volleyball Standards 3. The brass floor covers do not meet specifications. Athletic Sports floor covers are chrome. Staff recommends approval of Schelde Sports Equipment in the amount of Five Thousand Four Hundred six Dollars ($5,406.00) for the purchase of volleyball equipment for the La Porte Recreation/Fitness Center. These monies have been budgeted in account #034-800-520-780. Action Required by Council: Award bid to Schelde Sports Equipment in the amount of $5,406.00 for the purchase of volleyball equipment to be used at the La Porte Recreation/Fitness Center. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing xx Account Number:034-800-520-780 Funds Available: -X- YES NO Approved for city Council Aqenda .G<~ 1: ~ Robert T. Herrera City Manager ., l'l \'\'-- Date e e' CITY OF LA PORTE INTER-OFFICE MEMORANDUM JUNE 11, 1992 SUBJECT: STAN SHERWOOD, DIRECTOR OF PARKS & RECREATION SUSAN KELLEY, BUYE~ SEALED BID #0490 - VOLLEYBALL STANDARDS TO: FROM: Advertised, sealed bids #0490 for volleyball standards were opened and read on June 8, 1992. Bid requests were mailed to ten (10) area dealers with four (4) returning bids. Attached you will find a copy of the bids for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. SK/jm Attachment: Bid Tabulation Bids xc: David Hyde, wi attachment Tim OConnor, wi attachment Volleyball Standards 2 complete sets e e BID TABULATION - VOLLEYBALL STANDARDS BSN SPORTS TEXAS ATHLETIC SCHELDE SPORTS HOOPS SPORTING $2,750.00 $4,535.00 $5,406.00 $7,332.00