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HomeMy WebLinkAbout01-30-2003 Regular Meeting and Workshop Meeting of the La Porte Planning and Zoning Commission • O~ V ~, V 'rHXi-~ Memo • Tae Planning and Zoning Commissioner; Frone Gwen Goodwin, City Planner U Dratae 2/13/2003 p ~ Rs Workshop -Discuss proposed changes to the land use & zoning maps The January 30, 2003 special meeting/worlcshop proved very fruitful. To assist the Commission in assigning land uses, Staff was asked to inventory the S. Broadway corridor south of Little Cedar Bayou to the ~ limits. During this meeting, the Commissioners tentatively Beaded to hold a public hearing on the proposed changes Land Use Map at the Commission's March 20"' meeting. Tentatively, these proposed changes will be submitted to Counal as a workshop item at their April 14, 2003 meeting. During the February Z0, 206~meeting, we will continue working on the Land Use Map and develop a process/pr+nc~edure for changes to the Zoning Map and Chapter 106. If you cannot attend the meeting, please call Peggy Lee at281-471-5020, ext. 257. Thanks Enclosures 604 W. Fairmont Parkway • La Porte, Texas 77571 • 281-471-5020 • • Minutes PINING AND ZONING COMMISSION MNUTES OF JANUARY 30, 2003 Members Present: Betty Waters, Dottie Kaminski, Hal Lawler, Ross Morris Members Arent: Pamela Baldwin, Doretta Finch, Ralph Dorsett City Staff Present: Director of Planning Doug Kneupper, Ciry Planner Gwen Goodwin, Planning Coordinator Masood Malik, Planni ~ Secretary Peggy Lee I. CALL TO ORDER Chairperson Waters called the meeting to order at 6:10 P.M. II. APPROVE MINUTES OF THE DECEMBER 19, 2002, MEETING AND PUBLiC HEARING. Motion by Ross Morris to approve the minutes of December 19, 2002. Second .by Dottie Kaminski. The motion carried with all in favor. III. DISCUSS POTENTIAL AMENDMENTS TO THE LAND USE MAP ~St ZONING MAP. Ms. Goodwin began by showing a slide presentation, which.consisted of recent photographs of properties along S. Broadway. The Commission's review focused primarily on current and future land use in the S. Broadway area. The Commission asked staff to research property ownership along S. Broadway and report their findings at the next meeting. IV. STAFF REPORTS Ms. Goodwin asked the Commission how they would like to proceed with reviewing the Land Use Map, Zoning Map, and Zoning Ordinance. It was agreed that during the February meeting the Commission would try to complete review of the Land. Use Map and develop a process for reviewing the Zoning Ordinance and Map. A public hearing on proposed changes to the Land Use Map is anticipated for March v. ADJOURN Chairperson Waters declared the meeting adjourned at 8:15 P.M. Submitted by, Peggy Planning Secretary D,,,,'' Approved on this ~ day of ~~~'^^"' , 2003. Be W Plannng and Zoning Commission Chau~person • • Replacement of "Official" Zoning Map EXHIBITS A. STAFF REPORT B. SECTION 106-301 THROUGH 309 C. CURRENT ZONING DISTRICT D. PROPOSED `OFFICIAL" ZONING DISTRICT MAP E. DRAFT LETTER FROM THE COMMISSION TO COUNCIL F. DRAFT RESOLUTION • Staff Report February 20, 2003 Replacement of the "Official" Zoning District Map Background• Section 106-301 of the Zoning Ordinance requires that the official copies of the zoning map be on file at the City. One is the "original" zoning map that remains unchanged from its original adoption. The other two are "official" zoning maps that are amended and updated from time to time as zone changes are approved by City Council. This activity to show amendments to the "official zoning maps occurred up until 1992. At that time, the City switched to a computer based format for our zoning map. Zoning map amendments are accurately shown on this computer map; however use of the amended "official" zoning map ended in 1992. Section 106-306 of the zoning ordinance provides for the adoption of a replacement map. This new map will utilize our computer technology and become the "official" or working map that shows current zoning districts based on all approved amendments to date. The "original" zoning map on file with the City Secretary will not be affected at all by this action. In addition, the Commission examined the zoning and land uses in the City and determined that further zoning amendments are needed. When these recommendations are reviewed during public hearings, annotations/notes from previously approved amendments may be confused with proposed amendments. To avoid confusion, a new "official" zoning map should be adopted creating a clean uncluttered map. (See Exhibit D.) Recommendations/Conclusions: According to Section 106-306, "when the official zoning maps become difficult to interpret because of the nature or number of changes and additions, the City Council, may by resolution, adopt a new official zoning map based on review and written report from the Planning and Zoning Commission." The previous "official" zoning map would be retained and preserved with all available records pertaining to its adoption and amendments. Under the provisions found in Section 106-306, Staffrecommends that the Commission submits a report urging Council to adopt a new official zoning district map, which will supersede the prior official zoning district map. This new official zoning district map will do the following: • correct text omissions and needed signatures; • establish validity to the documenting/mapping of zoning amendments; • provide clarity avoiding misinterpretations; and Planning & Zoning Commiss~ Febniary 20 2003 Official Zoning Map Page 2 of 2 • re-establish a baseline for the Commission to ensure that the Zoning Ordinance and district map coincide with the goalslobjections found in the Comprehensive Plan. This report and the Commission's recommendation will be forwarded to City Council for Consideration at their March 10, 2003 meeting. The Commission is asked to take action on this item as presented. Options to the Commission: Forward a report to Council recommending the adoption of a computer-based "official" zoning map that will replace the prior "official" zoning map. i § 106-269 LA PORTE CODE Sec. 106-269. Zoning of annexed pr. operty. (a) ?bmporary R-1 classification of annexed property. All territory annexed hereafter to the city shall be temporarily classified as R-1 low density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the city planning and zoning commission shall commence any action necessary to recommend to the city council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within 180 days from the date of annexation: (b) Developments presented to city prior to annexation. In the event a development or subdivision is presented to the city planning and zoning commission prior to annexation, that specifies a particular land use, the planning and zoning commission may recommend zoning categories to the city council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. (c) Issuance of building permits in annexed areas. In an area temporarily classified as R-1 low density residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses are not permitted unless application for such, structures or:use is made to the city planning and zoning commission~for consideration and recommendation to the city~council. (Ord. No. 1501-Z-1, § 5(exh, D), 2-9-98) Secs. 106-270-106-300. Reserved. ARTICLE III. DISTRICTS* DI'JISiON 1. GENERALLY Sec. 10&SOl. Official zoning map provisions. (a) The city is hereby divided into zones, or districts, as shown on the zoning maps described in sections 106-301 through 106-308 which, together with all explanatory matter thereon, are ~as passed and amended adopted by reference and declared to be part of this .~ *Cross references-Consumption or possession with intent to consume alcoholic Bever- . ages on city property, § 6-3; location for sales of beer and wine, § 6-78. Supp: No. 1 CD 106:40.6 t°,~ to~~a~~o x~wvzcl3A~~ '-' CnAxwwF+ v: ~z: = rn: ~~: N Z z=: 3G)Cp _ Z C~7omCmmm z "' Z Z r rn i fc nu au ~~~Z~g ~ ( j ~~~~ ~~vivv mmm OO Z 0 p ZZZ~ v v v r 3 3 x N M N u~cccp33pvvv ~~~~~czmz 7omnn~~ ~d ~ ~ ~ ~r ~ ~ a mo g" o r v m ~ m 70 x ~~ - - ~, :~~; ~ . • ~' .. ~; - , .. . . . . ;: .~:. 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Three original and identical copies of the zoning district map shall be identified by the signature of the mayor, attested by the city secretary and bearing the seal of the city under the following words: "This is to certify that this is the Original Zoning Map/Off`icial Zoning Map referenced to in Article 2 of Ordinance No. of the City of La Porte, Texas:' (b) One copy, hereafter called the original zoning map, shall be filed with the city secretary and retained as the original record and shall not be changed in any manner. (c) Two copies, hereafter called the official zoning map shall be filed with the enforcing officer and city secretary and shall be maintained up-to-date by the department of community development. • Sec. 106-302. Changes in district boundaries. If, in accordance with the provisions of this chapter and V.T.C.A., Local Government Code § 211.006, changes are made in the district boundaries or other matter portrayed on the official zoning maps, such changes shall be entered on the official zoning maps by the community development department promptly after the amendment has been approved by the city council. •~' 3ec. 106-303. Zoning map change procedures. • Approved zoning changes shall be entered on the official zoning maps by the director of community development or his designated representative and each change shall be identified on the maps with the date and number of the ordinance making the change. No amendment to this chapter which involves matter portrayed on the official zoning maps shall become effective until after such ordinance has been finally approved by the city council. Sec. 106-304. Unauthorized map changes. No change of any nature shall be made on the official zoning maps or matter shown thereon except in conformity with the procedures set forth in this chapter: Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable hereunder. . Sec. 106-305. Location and authority of zoning maps. Regardless of the existence of purported copies of the official zoning maps which may from time to time be made public or published, the official zoning maps shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The official zoning maps shall be available to the public at all hours when the city hall is ~~ open to the public. CD106:41 • ~ • § 106-306 LA PORTE CODE Sec. 106-306. Replacement of the zoning maps. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the city council may, by resolution, adopt a new official zoning map based on review and a written report from the planning and zoning commission, which shall supersede the prior official zoning maps. The new official zoning map may correct drafting or other .errors or omissions in the prior official zoning maps, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new' official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of the map being replaced) as part of the Zoning Ordinance of the City of La Porte, Texas:' Sec. 106-307. Zoning map history. Unless the prior official zoning map has been lost or has been totally destroyed, the prior map, as superseded in accordance with section 106-306, or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. Sec. 106-308. Interpretation of zoning district boundaries. In determining the location of zoning district boundaries on the map accompanying and made a part of these regulations, the following rules shall apply: (1) Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys as they exist at the time of adoption of these regulations shall be the zoning boundary. (2) Where boundaries are shown to enter on cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary. (3) In case of a district boundary line dividing a property into two pasta, the district boundary line shall be construed to be the property line nearest the district boundary line as shown. (4) Where boundaries are shown on unsubdivided property, the location shall be deter- mined by use of the scale shown on the map unless dimensions are given on the map. Sec. 106-309. Land use districts. For the purpose of this chapter, the city is hereby divided into land use development districts as follow: CD106:42 F • ~O V Texa' Memo Tae Mayor Malone and Cily Counal Frans Betty Waters, Chairperson ll~ '~„~es ~n A 1~ ~~r rev~e~ pur~~.. and the Planning and Zoning Commissioners Dabee 2/14/2003 Res Planning and Zoning Commission Report -Requesting New Offiaal Zoning District Map Section 10l~306 of the Zoning ordinance provides for the adoption of a replacement map. This new map will util¢e our computer technology and become the "offiaal" or worivng map that shows current zoning districts based on all approved amendments to date. The "original" zoning map on file with the City Secretary will not be affected by this action. The Commission urges City Counal to issue a resolution adopting a new Official Zoning District Map. Thank you. P. O. Box 1115 • t_a Porte, Texas 77572-1115 • 281-471-5020 on1Y ...-~ 1'~ • • RESOLUTION NO.2003- A RESOLUTION ADOPTING A NEW OFFICIAL ZONING MAP FOR THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS; REPLACING THE PREVIOUS OFFICIAL ZONING MAP DATED JANUARY 26. 1987; MAKING CERTAIN FINDINGS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the existing Official Zoning Map of the City of La Porte, being dated January 26, 1987, has become damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions to said map; and WHEREAS, the City Council desires, in accordance with Section 106-306 of the Code of Ordinances of the City of La Porte, Harris County, Texas; to replace said Official Zoning Map with a new Official Zoning Map; and WHEREAS, said new Official Zoning Map may correct drafting or other errors or omissions in said prior Official Zoning Map, provided that said corrections shall not have the effect of amending the original Official Zoning Map or any subsequent duly adopted amendment thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS: Section 1. The Official Zoning Map of the City of La Porte, identified in Section 106-301 of the Code of Ordinances of the City of La Porte is hereby replaced. Section 2. The new Official Zoning Map of the City of La Porte is hereby adopted, pursuant to Section 106-301 of the Code of Ordinances of the City of La Porte. Said new Official Zoning Map, attached to this Resolution as Exhibit °A", is fully incorporated by reference herein as if said map is set forth herein verbatim, and shall ..1' ~' supersede the prior Official Zoning Map. The said new Official Zoning Map hereby corrects drafting or other errors or omissions in the original Official Zoning Map, and the City Council hereby finds that no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent duly adopted amendment thereof. Said new Official Zoning Map shall be identified by the signature of the Mayor, be attested by the City Secretary, shall bear the Seal of the City, and shall contain the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted the 26`r' day of January. 1987, as part of the Zoning Ordinance of the City of La Porte, Texas." Section 3. Two original and identical copies of the new Official Zoning Map of the City of La Porte shall be identified by the signature of the Mayor, be attested to by the City Secretary and bear the Seal of the City with the foregoing words attesting the authenticity of said map. One copy of the map shall be filed with the City Secretary and retained as the original record and shall not be changed in any manner. Two copies hereafter called the "Official Zoning Map" shall be filed with the Enforcing Ofi•icer and City Secretary, respectively, and shall be maintained up-to-date by the Planning Department of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a :place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Resolution shall become effective after its passage and approval. PASSED, APPROVED, AND RESOLVED this day of , 2003. CITY OF LA PORTE By: NORMAN L. MALONE, MAYOR ATTEST: Martha Gillett, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney • • Land .Use Map Changes EXHIBITS A. STAFF REPORT B. CURRENT LAND USE MAP C. PROPOSED LAND USE MAP • • Staff Report Land Use Map Changes February 20, 2003 Baclcground• Over the past six months, the Commission reviewed and found discrepancies between the Zoning Ordinance and Zoning District Map, and the Comprehensive Plan and Land Use Map. During the September and October meetings/workshops, the Commission reviewed the Comprehensive Plan's Land Use Map. After close examination, concerns arouse about the existing businesses located on west side of S. Broadway and their designated future land use of low density residential. At the January 30, 2003 meeting, Staff presented a photo slide show of S. Broadway. After reviewing photos, the Commission directed Staffto research the property ownership and identify zoning designation for these properties. Currently, the zoning map shows R-1 (low density residential), R-3 (mid-high density residential), and approximately 2 blocks of neighborhood commercial along the west side of S. Broadway. Staff also identified several land uses: commercial and newly developed low density residential. (Detailed information will be available to the Commission at the meeting.) Recommendations/Conclusions: The Commission is asked to designate the land use(s) along S. Broadway. Once a decision is made, Staffwill present a report and revised Land Use Map to the Commission for consideration during a public hearing at the March 20, 2003 meeting. The Commission's recommendations will be forwarded to Council to workshop in April 2003. Options to the Commission: • Accept the recommendation of the T1ItZ board showing the mid-high density residential land use along the west side of S. Broadway; • Change the land use to commercial along west side of S. Broadway; • Change the land use to low residential along west side of S. Broadway; or • Modify the land use to show low density residential and commercial along the west side of S. Broadway. • • Process for Amending the Zoning Ordinance and Zoning District Map EXHIBITS A. STAFF REPORT • • Staff Report February 20, 2003 Proposed Zoning amendment process Background• During Summer and Fa112002, the Commission conducted several workshops to review the Zoning Ordinance and Zoning District Map and the Comprehensive Plan. The Commission determined that changes were needed to ensure continuity between the two documents. After cazeful examination of the zoning map, the Commission identified 64 azeas that could potentially be rezoned. Staff was asked to determine all the property owners within 200' of these areas. Our reseazch generated a list of over 3,500 property owners. Commission initiated rezoning of property requires the following: 1) notification to the owner of the property, 2) a letter of notification mailed to property owners within 200' of the land to be rezoned, 3) public notification advertised in the newspaper of an upcoming public heazing before the Commission, 4) a public hearing held and recommendation from the Commission regazding the rezoning, 5) a public notification advertised in the newspaper of an upcoming public heazing regazding rezoning before the City Council; and 6) public hearing and action at during a City Council meeting regazding the Commissions recommendation on the rezoning. To facilitate the rezoning process, Staff and the Commission discussed a series of public hearings to accomplish this task. However, prior to the public heazings, additional reseazch regazding the rezone of the property is needed. In addition, text changes and new language must be drafted for the amendment of Ordinance 1501 and the inclusion in Chapter 106 of the Code of Ordinances. This information could be presented to the full Commission for review or given to a subcommittee to for review and submittal to the full Commission. Options to the Commission: The following options aze available to the Commission: • Work as a full Commission; • Create a subcommittee of Staff and 3 Commissioners; or • Create an alternate scenario., O O 3 O C c 3 3 v ~ °° cn 3 3 -I ~ ~ ~ ~ ° ~ rn n n ~ c r c~ i v ~ ~ = ~ rn to -t rn z ~ z . 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