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HomeMy WebLinkAbout02-15-2001 Regular Meeting and Public Hearing of the La Porte Planning and Zoning CommissionPINNING AND ZONING COMMISSI091 MINUTES OF FEBRUARY 15, 2001 Members Present: Betty Waters, Dottie Kaminski, Hal Lawler, Ross Morris, Pamela Baldwin Members Absent: Melton Wolters, Ralph Dorsett City Staff Present: Director of Planning Doug Kneupper, Assistant City Attorney John Armstrong, Planning Coordinator Masood Malik, Planning Secretary Peggy Lee I. CALL TO.ORDER PUBLIC HEARING AND REGULAR MEETING. Meeting called to order by Chairperson Waters at 6:00 PM. II. APPROVE MINUTES OF THE NOVEMBER 16, 2000, REGULAR MEETING AND PUBLIC HEARING. Motion by Dottie Kaminski to approve the Minutes for November 16, 2000. Motion seconded by Pamela Baldwin. The motion carried with all in favor. III. OPEN PUBLIC HEARING TO CONSIDER A GENERAL PLAN AND SPECIAL CONDITIONAL USE PERMIT #SCU01-001, REQUESTED FOR THE PROPERTY LOCATED AT 502 NORTH BROADWAY. THE APPLICANT IS SEEKING TO EXPAND A STORAGE/WAREHOUSE AT THE EXISTING FACILITY IN A PLANNED UNIT DEVELOPMENT (P.U.D.).ZONE. Chairperson Waters opened the Public Hearing at 6:00 PM. Planning Coordinator Masood Malik presented an overview for a General Plan and Special Conditional Use Permit requested by Environmental Structures; Inc. The applicants intend to expand a storage warehouse, known as P&0 Cold Logistics, within a Planned Unit Development zone. Twenty-two notices of public hearing were mailed to property owners surrounding the area in question. The City received three responses favoring the request. Staff recommended approval of SCU01-001 with conditions that address truck parking, detention basin maintenance, and landscaping/screening. 1. PROPONENTS Steve Koy, of Environmental Structures, Inc., the architect working on the design, spoke in favor of the request. _Mr. Koy focused on a plan to alleviate truck -parking congestion. Bob.DeVillez, Vice -President of Engineering for P&O Cold Logistics' addressed the Commission. Mr. DeVillez believes the expansion of this facility would service the community and.surrounding industry nicely. 2. OPPONENTS No opposition was presented. Planning and Zoning Commissit Minutes of February 15, 2001 Page 2 IV. CLOSE PUBLIC HEARING. Chairperson Waters closed the Public Hearing at 6:15 P.M. • V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING A GENERAL PLAN AND SPECIAL CONDITIONAL USE PERMIT #SCU01-001. Motion by Dottie Kaminski 'to recommend City Council approval of Special Conditional Use Permit #SCU01.001 with the following conditions: 1. The applicants shall take a comprehensive look at the existing and proposed truck parking and truck circulation systems and provide on -site improvements that adequately handle the volume of trucks associated with this warehousing facility. 2. A statement from the owner/developer specifying clear responsibility for maintenance of detention basin system including channel/ditch shall be noted on the plan. 3. Development abutting "R-2" district shall be screened and landscaped in compliance with required screening and landscaping ordinance of the City. A site plan and/or separate plans shall be submitted in. conjunction with the building permit applications. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. The .owner or -tenant shall develop a screening plan that includes a combination of trees, shrubs, and ground cover that after three years will be at least, twenty feet in height and creates a continuous visual screen. Motion seconded by Hal Lawler. The motion carried with all in favor. VI. CONSIDER GENERAL PLAN OF SPENCER LANDING, SECTIONS 3 & 4. Mr. Malik reported that. Brad Dill, of B.D. Realty Advisors, submitted a General Plan for Sections 3 & 4. of Spencer Landing. Staff reviewed the plan and recommended approval with conditions. Tom Gamble, Associate Pastor for Bayshore Baptist Church, noted that the Church is trading property with the Developer in order to change the configuration of both tracts. During discussions regarding access to the proposed sections, Fred Thompson, of ESOR Engineering, told the Commission there were two outlets onto "D" Street. Brad Dill, of B.D. Realty, believes. the land swap with the church benefits both parties. Motion by Ross Morris to approve the General Plan for Sections 3 & 4 of the Spencer Landing Subdivision contingent upon the following: 1. The detention system and mechanical pumping system shall be maintained by the homeowner's association. This shall be.clearly stated on the final plat and within the recorded covenants. Also, the detention pond shall be designed as Planning and Zoning Commissiop • Minutes of February 15, 2001 Page 3 shallow as possible to possibly allow for future elimination of the pumping system. 2. The Developer shall be responsible for the construction of sidewalks along both sides of all public streets within the subdivision. This shall be clearly stated on the final plat and within the recorded covenants. Motion seconded by Hal Lawler. Motion carried with all in favor. Chairperson Waters commented that in the future, as a general rule, the Commission should not consider allowing detention facilities to double as parks. Parks should. be kept outside. detention areas and easily accessible to children. VII. STAFF REPORTS Mr. Kneupper reported the following: Director of Parks and Recreation working with engineering firm to develop a Master Parks & Recreation Plan. ➢ City working with Harris County on construction of Bay Area Blvd., between Fairmont Pkwy. and Spencer Hwy.; construction anticipated to begin in 12-18 months. ➢ City recently met with County Commissioner to discuss construction of overpass on Fairmont Pkwy. at Union Pacific Railroad. ➢ City working with Harris County Flood Control District to make 'imp`rovements to the F-101, 8-112 & B-109 drainage channels._ ➢ City Council approved resolution adopting Comprehensive Plan Update. ➢ Bayport North Industrial Park development underway along Fairmont Parkway. VIII. ADJOURN Chairperson Waters adjourned the meeting at 7:15 P.M. Respectfully submitted, Pegg eU Planning and Zoning Commission Secretary Approved on this <J day of r r �� 2001. Be y Wa rs Planning and Zoning Commission Chairperson Spencer Landing Subdivision Section 3 (Preliminary Plat) Exhibits 1. Staff Report 2. Vicinity Map 3. Preliminary Plat Staff Report Spencer Landing Subdivision, Sec. 3 March 15, 2001 Preliminary Plat Requested Action: Consideration of Preliminary Plat for Spencer Landing, Section 3. Requested By: Mr. Brad Dill, Manager Requested For: A 9.163, acre tract out of lot 32, 33, 48, and 49, La Porte Outlots, described in Volume 59, Page 313, Harris County Deed Records, in the Richard Pearsall Survey, Abstract No. 625, City of LaPorte, Harris County, Texas. Requested Use: Residential Subdivision (Single -Family Dwellings) Background: Spencer Landing is a residential subdivision off West Main Street just east and north of the Bayshore Baptist Church. The General Plan for Spencer Landing Subdivision, Sections 3 and 4 was approved by the Commission during their February 15, 2001 meeting. The Spencer Landing Subdivision, Sections 1 and 2 are located in the 11400- 11500 Blocks of West Main Street. Section 3 of the proposed subdivision is located on the south of North D Street and west of Spencer Landing Section 1. The General Plan demonstrates approximately 19 acres of land includes Section 3 and 4 along south of North D Street between a Pipeline condor and west property line of Spencer Landing, Section 1 & adjacent to the Bayshore Baptist Church's north building (gym). Analysis: Spencer Landing Section 3 is being considered for Preliminary Plat approval at this time. As shown, this section contains 2 blocks and 31 lots. The layout conforms to the approved General. Plan. Staff has reviewed the Preliminary Plat of Spencer Landing Section 3 and found it to be . in substantial compliance with applicable provisions of both the Development Ordinance and Zoning Regulations. Staff has also reviewed the preliminary plat for conformance with goals and intent of the City's Comprehensive Plan and offer the following comments regarding sidewalks, parkland/open space, and drainage. Spencer Landing, Sec. 3 - Ainary Plat • 3/15/01 — P & Z Meeting Page 2 of 2 Sidewalks Staff notes that Section 5.02 of the Development Ordinance empowers the Commission to require pedestrian sidewalks when it feels their inclusion will serve the public interest.. Staff recommends the inclusion of sidewalks along both sides of all public streets within the subdivision. This would be consistent with Commission's actions for Spencer Landing Sections 1 and 2. Responsibility for construction of the sidewalks shall be specified by covenant as well as stated in writing on the face of the Final Plat for Sec. 3. Parkland / Open Space Staff recommends accepting money in lieu of parkland dedication, as was previously the case for Spencer Landing Sections 1 and 2. The money will be deposited in an escrow account based on $175.00 per dwelling unit and will be used for park purposes. Drainage Staff will work closely with this developer and engineer to ensure that development'of this section will not have an adverse affect on the drainage around the church property. Staff will review the design of the detention system to .reduce, as much as practicable, the maintenance and operation costs required for this facility. Conclusion: Staff has reviewed the Preliminary Plat and found it to be in accordance with the Development Ordinance of the City. Staff recommends approval of the preliminary plat with the following conditions: • Construction drawings shall indicate off -site drainage improvements, if required, to ensure proper drainage of adjacent property. Approval of the Preliminary Plat, as filed, will authorize the developer to proceed with the Final Plat submittal. Conditional Approval of the Preliminary Plat, as filed, will require the developer to address the conditions and resubmit the Preliminary Plat. Disapproval of the Preliminary Plat, as filed, requires the developer.to file a new Preliminary Plat. Js � IU a b-• K ?" - �, �...'M,t ti I - R n-Y r � -• fi 7 f. "k,711 p +�rfi.���� v,; �LQ FORTE ' 1' \ $z e NICIPAL AIRPORTXIS s rg r\ g SECTION 2x U L �� a'PROPOSED� p V ! ECTION..3�, .�, ..6£ .read �. 'r 'C''•n,_ .. .5. V•j_ - r y .,_ '`,dare M SECTION 1 _ YY�y, t c BAYSHORE t �* sz r BAPTIST a ) M CHURCkf '� aari a m mu Miw eh STtdT (e0' VIDE) - \ - }7 M� a l.I { , ' - 1\ .. ' i_ sna tar.' ! It 83 • `-- s' .s •:t / I .. � :I a � I .8; • �m I $ijal'la � � 8 E8 A.r 10 FM t. 14 ;a 700 . 0 ' W "" 300 - ai a ®® Scele i = 1 CO' 1 19 y `' NLMeERI DEItA ANCIE (CHORD CIRECTION IAACRIS (ARC LEr4- (CHORD LENGTH _ : H G .. 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'ADNSTED 19]E _6.945 90 E 3.250.906.7, - SPD-= _�AT (100' w 0E) ELEvATKX... 22.37 1R71433 t ,6ze39 FLOOD ZONE NOTE: � CITY LRPO2T[ CITT a L9PDRrE THIS PROPERTY LIES WITHIN ZONE il" AND IS 'NOT WITHIN THE 100 YEAR R000 PLAIN ACCORDING LAVCY ,06PCNT R1 S{RVEY 1Et1AACNT R7 - TO FIRM MAP COMMUNITY PANEL NO. {8201CO9{5J REVISED NOVEMBER 6. 1995. ' FPe. N°^M 1�2D000635°c9,f20005sec ;ior1 3 - . 1 -NORTH "0" .AVENi,E ^ 1 C I / SPENCER ",VY. PROJECT LOCATION KEY MAP NO, J39Z N.r.�. _PGAL DESCRIPTION:. 9-163 ACRES `DUT OF. LOT -32. 33. 48. AND 49• ' cPORTE OUTLOTS DESCRIBED 2 VOLUME 59. PAGE 313. H.C.D.R: IN THE RICHARD PEARSALL SURVEY. A-625. CITY OF LOPORTE. -A.iRIS; COUNTY. TEXAS - PRELIMINARY PLAT OF SP ' NICER LANDING SUBDIVISION SECTION 3 31, LOTS IN. 2 BLOCKS .WITH - 1 RESTRICTED- RESERVE A RESIDENTIAL SUBDIVISION CONTAINING 9:163 ACRES OUT OF LOT 32, 33, 48 AND 49 LaPORTE OUTLOTS DESCRIBED IN VOLUME 59, PAGE 313, H.C.D.R. IN THE RICHARD . PEARSALL -SURVEY; A-625 CITY( OF LaIIORTE, HARRIS COUNTY,TEXAS- FILING DATE: MARCH 1.5, 2001 DEVELOPER:. Landing SL 19. L.L.C. AUTHORIZED REPRESENTATIVE: BRAD DILI ENGINEER: ESOR CONSULTING ENGINEERS, SURVEYOR: ESOR CONSULTING ENGINEERS, MANAGER lot 1✓v, .q-s NC. - ConSU1.TIN0-Lric1mmm Inc_ [NC. - FRED D. THOMPSON. P.E. -.,PRESIDENT C] • Special Conditional Use Permit #SCU 01-002 Exhibits 1. Staff Report 2. Area Map 3. SCUP • • Staff Report Pleasant Hill Baptist Church March 15, 2001 Special Conditional Use Permit # SCU 01-002 Reques: Special Conditional Use Permit Request #SCU 01-002 Requested By: Ms. Deborah Johnson Requested For: Approximately 0.93-acre (40,625 sq. ft.) tract of land described as lots 1 thru 13 of Block 79, Town of LaPorte, Harris County, Texas. The property is located in the 300 Block of North 6t' Street. Present Zoning: Low -Density Residential (R-1) Requested Use: Applicant is seeking a Special Conditional Use Permit (SCUP) for the purpose of allowing construction of a.Church. Section 106-331 of the Code of Ordinance classifies this type of development as a Conditional Use. Background: Ms. Deborah Johnson, a representative on behalf of the Pleasant Hill Baptist Church, is working towards building a new church facility. Currently, Pleasant Hill Baptist Church is conducting services in an existing wood framed structure, which occupies lots 15 and 16 of the same'block. The church was built in' the early 1950s. Due to increase in the attendance, a new building for the church is being considered now. A church. within low - density residential districts is described as a Conditional Use. Apalysis: Section 106-217 of the Code of Ordinances establishes the following review criteria and conditions for approval of Special Conditional Use Permits: • That the specific use will be compatible with and not injurious to the use and enjoyment of the other, property, nor significantly diminish or impair property values within the immediate vicinity. • That the conditions placed on such use, as specified in each district, have been met by the applicant. • That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to'protect the public interest and welfare of the community. Staff would note that the property is in the northside neighborhood, primarily a single-family residential community. The tract in question is at the corner of W. Tyler Street and North 6 h Street. This proposed location is currently vacant and just north of the existing church. There are some trees on the east Pleasant Hill Baptist Church SCU01-002 Page 2 of 2 side of these lots that can be preserved. The proposed site is surrounded by houses and undeveloped residential lots. Utilities are readily available to the property with adequate fire protection. Water, sanitary sewer, and road conditions adequately serve the area. The proximity to S.H.146, Main Street, North Broadway, and Barbour's Cut Blvd. provide adequate access to the area The Beautification -and Conservation element of the Comprehensive Plan Update refers to the physical surroundings of the neighborhood, including the natural environment, tree preservation, appearance of homes, vacant lots, open spaces, public facilities and other aspects. The property in question has some sizable trees that can be preserved and add to the required screening of the parking lot. The parking lot may need additional landscaping in accordance with Section 106-444(a)(3) of the Code of Ordinances. Conclusion: Staff recommends approval of SCUM1-002 with the following conditions: • Screening and /or landscaping of parking lot shall be required. • Landscaping shall be located across the front of the property to provide . compatibility with neighboring residential. Required landscaping shall be properly maintained by the owner/developer. • The applicant will pay the public hearing costs of,$155.72. Lu it TIT, Lptv a:;: s.a N.T. S. L A zi a x. Vill :wjoum. -. WEST TYLERSTREE T Pa, LU LLJ LLJ LLJ 7qu LU LU Lu D� tui MAO Cf) ipD.: LLJ JAY. FcnW';4L, LU Lr) MESTADAR§STRE-94�� It V, 4VI t 'I, WEST MAIN STREET x 1% tv or r I P-111 "k. • • City of La Porte Special Conditional Use Permit # SCU 01-002 This permit is issued to: Ms. Deborah Johnson Owner or Auent 10118 Shell Rock Road, La Porte, TX 77571 Address For Development of: Pleasant Hill Baptist Church Development Name 302 North 6th Street Address Legal Description: Lots 1-13, Block 79, Town of La Porte Zoning: Low -Density Residential (R-1) Use: Church Permit Conditions: 1. Screening and /or landscaping of parking lot shall be required. 2. Landscaping shall be located across the front of the property to provide compatibility with neighboring residential. Required landscaping shall be properly maintained by the owner/developer. 3. The applicant will pay the public hearing costs of $155.72. Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after. completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary Zone Change Request #R 01-001 Exhibits 1. - Staff Report 2. Area Map Staff Report March 15, 2001 Zone Change Request #R 01-001 The Planning and2oning Commission in their February 15, 2001, meeting directed staff to assess existing development conditions and future development strategies relating to commercial and residential land uses and zoning under the guidance of the updated Comprehensive Plan and Thoroughfare Plan. Section 106-171 of the City's Code of Ordinances allows the Planning and Zoning Commission to make such a motion. The area of interest is in proximity to the airport and pipeline corridor along Spencer Highway. The following report considers revisions to the Land -Use Plan and zoning designations in the area. Background The City's 1984 Comprehensive Plan and Thoroughfare Plan indicated the need for -a north/south arterial roadway east of the La Porte Municipal Airport, intersecting S.H. 225 and running north/south along the pipeline corridor to intersect Fairmont Parkway. That road would have been aligned through a portion of the Spencer Landing subdivision. The objective of this roadway was to maximize mobility within the community by separating the street system and to distribute local and outside traffic to major employment and activity centers of the area: This arterial roadway would have formed two major intersections at Spencer Highway just east of La Porte Municipal Airport and Fairmont Parkway east of Driftwood Drive: Analysis The Thoroughfare system is interrelated with other components of the Comprehensive Plan including land.uses, "housing, environment, public utilities, and recreation and open space. Based on the presumption that the north -south arterial roadway would have been constructed and intersect Spencer Highway just east of the airport and pipeline corridor, the 1984 Land Use Plan provided for commercial uses in an area that would have been a major intersection. Subsequently, Neighborhood Commercial (NC) zoning was established at the intersection. This designation was considered compatible with the goals and objectives of the Comprehensive Plan at that time. The Updated Comprehensive Plan and Thoroughfare Plan do not include this north/south arterial roadway within this area. With no intersecting arterial roadway in the vicinity, commercial land uses and Neighborhood Commercial (NC) zoning is no longer desirable. Review of the City's Zone Change Request #R 41 • March 15, 2001 Page 2 of 2 Land Use Plan indicates that the surrounding area is envisioned as medium to high -density residential use, which is an appropriate and compatible use for the subject area. The property in question, approximately 7-acre tract of land is located on the north side of Spencer Highway adjacent to the Bayshore Baptist Church. The Neighborhood Commercial zoning designation assigned to the tract in question was based on the City's 1984 Comprehensive Plan and Thoroughfare Plan. Land Use Plan is meant to serve as a general guideline in making decisions about the appropriateness and suitability of land for future development. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered. Other criteria may include: • Zoning and uses of nearby properties; • Suitability of the property for the uses permissible within the zoning designation; • The gain, if any, to the public health, safety, and welfare of the city. Staff has studied the existing land uses of nearby properties. There already exists a sufficient amount of commercial land use along Spencer Highway. This change would not diminish the opportunity for commercial development along Spencer Highway. Use of nearby properties is predominantly low -density residential (Spencer Landing Subdivision) and a 20-acre church facility. Staff, using the updated Comprehensive Plan and Thoroughfare Plan as a guide, finds this area suitable. for mid to high -density residential. The current land use and development pattern also conforms to the proposed change. Recommendations Staff recommends modifying the adopted Land -Use Plan to eliminate Commercial Uses in the area north of Spencer Highway and immediately east of the Municipal Airport and specifying Mid to High Density Residential Uses. Staff recommends changing.the zoning designation of the previously described 7-acre tract from NC to R-3. 14 low- e �3.� �_ ;4. •", �'�:.. xfi C^s4. ..3 " '� '. t ' •:$aP pia" Elam ;.,� '', i.,�3 -• i :-=war- -- - 3.. .. ua.� e 'r -� c•cr�.i• y,.0 %ta r,Xa.4- r ,� 's !.r "?'.f a,.. v. .� s. _ �i� p' Lptc t �,d , ^ _ Z Y - t i- ''�� ''3 �`-• � �W e'! k� PQRTE U a ' � ...# I -,NI - PAAIRPORT t�om�^ F, a } a 4 r .. - 8•9. An a SPENCER. DING SECTIONS 3 & 4 SPENCER LANDING SECTIONS 1 & 2 RQpdSED) y(_EXISTING) - i.., 4 71 AIM f CKrlTw. 1. �E ,y t V t ' .. . F 3 ® e -Z. Tit2 "lies &AYSHORE r` Tw Nu °lx„''rwt CHURCtI' yt �E EIVED A Meeting of the La Porte ,3 Planning and Zoning Commission (Type of Meeting) i NIN(; Scheduled for March 15, 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the I am OPPOSED to granting this request for the following reasons: tip/f�i C 'W1 Rk U` Name (please print) Signature Address City, State, Zip A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for March 15, 2001 (Date of Meeting) to Consider Rezone Reauest # R 01-001 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Please see attached sheet REC IV D 6 PLANNING BraD Dill, President 450 N. Sam Houston Pkwy, E, #152 � visors, L.L. ., anagerAddress L a o r t P,e11 ;'t. L. C. Altlp1�0 Houston, TX 77060 Signature City, State, Zip 0 La Porte 33, L.L.C. 10 450 N. Sam Houston Parkway, East, Suite 152 BD Realty Advisors, L.L.C., Manager Telephone (281) 272-2560 Houston, TX 77060 Fax (281) 272-2561 March 12, 2001 Via: Fax (281) 471-7168 and Regular Mail Mr. Doug Kneupper, P.E. !-1311 City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 P1 A NNINO Re: Rezoning Request #R 01-001 Dear Mr. Kneupper: This letter is in response to the Notice Of Public Hearing for the rezoning request #R 01-001 meeting scheduled for March 159 2001.- -We have'enclosed the opposition form sent with the Notice and this letter shall serve as our written opposition to the proposed Rezoning Request. We are opposed to the rezoning for the following reasons: La Porte 33. L.L.C. owns one acre of land out of the seven acres under the rezoning request. The one acre could not be reasonably developed into the permitted uses under the R-3 requested zoning. The existing zoning, Neighborhood Commercial (NC), allows for the highest and best use of the property. A one acre tract of land located on Spencer Highway (Main Street) is not suited for residential uses and is only suited for commercial uses as dictated by it's size and location. The R- 3 zoning would for all practical purposes, render this property unusable and unsalable. • The property was purchased from the City of La Porte in October, 2000, less. than 6 months ago. The existing NC zoning was in place when the property was purchased, and was a significant material consideration in the sale/purchase price of the property, which the City knew at the time. The City received from us a significantly higher selling price than would have been paid if the property had been zoned R-3 at that time. • There are numerous other commercial businesses along Spencer Highway in the City of La Porte that are not located at a street corner, so having.the City use this as a reason for the zoning change does not appear valid or consistent with previous and current practices of the City. Any actions by the City to rezone this property from the existing NC zoning, would be construed by us as the City acting and dealing in "bad faith" based on the City selling us the property less than six months ago and then rezoning it at a direct material loss in value to us as the City's buyer. If this rezoning continues, we will also consider this action as a taking by the City and will seek compensation for the loss in value. This is a unique situation and the City should consider the roll it has played as the seller of this property and those obligations that may apply. Please reject this rezoning request. Respectfully, La Porte 33, L.L.C. Brad Dill, President BD Realty Advisors, L.L.C., Manager Cc: Dennis Albright 03/12/2001 16:00 4097508375 DENNIS ALBRIGHT PAGE 01 DENNIS J. AL13RIGHT ATTORNEY AT LAW United States National Bank Building, Suite $21 2201 Market St. Galveston, Texas 77560-1529 Tee simile: 409.750.8100 409.760.8375 713.453.2157 713.453.2162 E-Mail AddreaL AlbrightDJ@AOL.com (Dennis J. Albright) NaismithMK@AOL.00m (Melanie K. Neiam)th. asst.) JELECO MR/FACSIMILE TRANS SNi SSYON Date: March 12, 2001 To: Doug Kneupper, P.E., City of La Porte From: Dennis J. Albright At Telecopier No.: 281-471-7168 At Telephone No.: Subject: Zone Change Request #R 01-001 No. of Pages (including this sheet): 2 Message/text: I represent La Porte 33, LLC. This letter is on behalf of nay client and is in response to the Notice Of Public Hearing for the rezoning request OR 01-001 scheduled for March 15, 2001. My client owns one acre out of the seven acres, and Rayshore Baptist Church owns the other 6 acres, making up the entire 7 acres covered by the zone change request. This land was bought by my client from the City. For the following reasons hereinbelow, my client adamantly opposes the rezoning request. 1. The existing zoning, Neighborhood Commercial (NC), allows for the highest and best use of the property. A one acre tract of land located on Spencer Highway (Main Street) is not suited for residential uses and is only suited for commercial uses as dictated by its size and location. The R-3 zoning would for all practical purposes, render this property unusable and unsalable. 2. There are numerous other commercial businesses along Spencer Highway in the City of La Porte that are not located at a street corner. Therefore, the City's reason for the instant zoning CONFIDENTIALITY NonCE: This transmittal sheet and the documents accompanying it contain confidential information which is legally privileged. No privilege is intended to be, or is waived by this transmission. The.information is intended only for the use of the recipient named above. If you have received this transmission In error, please Immediately notify us by telephone to arraage for return of the original documents to us, and you are hereby notified that any disclosure. copying, distribution, or the taking of any action In reliance on the contents of this tetecopied information is strictly prohibited. C*N*F lcNhalKae W"DVU&w1W 03/12/2001 16:00 4097508375 DENNIS ALBRIGHT PAGE 02 Page 2 of 2 change affecting my client's property does not appear valid or consistent with previous and current practices and actions of the City, and may constitute an unreasonable, arbitrary and capricious, and discriminatory action by the City against my client and its property. 3. The property was purchased by my client from the City of La Forte in October 2000, less than 6 months ago. The existing NC zoning was in place when the property was purchased, and was a significant material consideration in the sale/purchase price of the property, which the City knew at the time. The City negotiated and received from my client a significantly higher price than my client (or anyone else) would have paid if the property had been zoned R-3, or if such a zoning change was intended, considered or contemplated by the City and this was known by the buyer, at that time. Based on the background information in the rezoning request and the other circumstances, it appears that the City ,knew or reasonably should have known at the time of the sale, of the intended, considered or contemplated zoning change. In that case, the principals of mutuality and fair dealing, required that the City should have informed my client at the time of the sale of the intended, considered or contemplated zoning change, which would have resulted in less revenues to the City from the sale of the land. Further, although as the seller, the City did not guarantee to my client that the zoning status would not change, because the fair market value of the property at the time of the We was so significantly impacted by the NC zoning status, this was a "benefit of the bargain" and my client should be afforded a reasonable opportunity to realize this benefit, which should be at least 1 year or more from the purchase date. Clearly, it is in the best interests of the City and the City's residents and taxpayers that the City support the benefit of the bargain principal in this type of situation; otherwise, the City's future ability to sell property and the revenues to the City from such sales will be significantly and adversely affected. 4. Under the circumstances, the City's action now to rezone the property as R-3, measures up to an unconstitutional "taking" without just compensation. For these reasons, my client opposes the proposed zoning change, and respectfully requests that the rezoning request be denied. If you have any questions or comments, please contact me. Thank you. Cc: John .Amrstrong, City ,Attorney (fax: 281-471-2047) Brad Dill/La Porte 33, LLC (fax: 281-272-2561) Wt ENTIALM NOTICE: 'Ibis transmittal sheet and dw documents accompanying it contain confidential information which is legally privileged. No privilege Is iatcoded to be. or is waived by this transmission. The ioformatiod is intended only for the use of the recipient named above. if you have received this transmission in error, please immediately notify us by telephone to arrange for return of the odginal documents to us, and you am hereby notified that any disclosure, copying, distribution, or the taldag of any action in reliance on the contents of this telecopied information is strictly prohibited. c:mtrrrarAx Knmt>p e M ous. a'Pd Any person wishing to City of La Porte Planning and Zoning Commission Public Hearing March 15, 20Q1 item being considered by this'Commission must sign in. City of I .a Forte P1anping and Zoning Commission Public Hearing March 15, 209'1 Any person wishing to speak in VpR of an item being considered by this Commission must sign in. u �I -aa2. 13, 4, w� 5, r rr{ 4' 7, 9. 10.