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Home My WebLink AboutO-2014-3527 #14-92000001 change zoning classification GC to R-1 for .809acre tract;Farrington Boulevard just north and east of Fairmont ParkwayORDINANCE NO.,;2-012-1 3S,:2 `1 AN ORDINANCE AMENDING CHAPTER 106. "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL (GC) TO L :DENSITY RESIDENTIAL (R-1) FOR A .809 ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN. -FINDINGS OF FACT RELATED TO. THE: SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS' LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA P_ORTE, TEXAS: Section 1: Chapter 106 "Zoining" of the Code of Ordinances, is hereby amended by changing the zoning classification of the following described property., to. wit: .809 acres of land located on Farrington -Boulevard just north of Fairmont Parkway; further described as Reserve I of the Fairmont Park East Business- Park Reserves .1, 3, 4, 5; and 6 as recorded under file X83.6601 with the Harris County Clerk's 'Offce,-from General Commercial (GC) to Low Density- Residential (R- 1). Section "2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed•, provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be; cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be. held unconstitutional; illegal,. or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions: thereof; but ;as to such remaining portion or portions; the same -shall -be and remain in full force and effect and to this end the provisions of this ordinance are declared to. severable. Section 4. The City Council officially finds, determines, "recites and declares that a sufficient written notice of the -date, hour, place and subject of this:meeting of the City Council is posted at. a place convenient to the public at the City Hall of the city for the time required. by law preceding this meeting, as required by Chapter 551, Tx. Gov't -Code; and that this meeting has been open -to the public as required by law at all times during which. this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council. further ratifies, approves and confirms such written notice and- the contents and posting thereof. Section 5: The City Council of the: City of La Porte hereby finds that public.notice was:properly mailed to all owners of -all, properties located within two hundred feet (200') of 'the. properties under consideration in compliance with code provisions. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that All prerequisites of law have been satisfied and hereby determines and declares, that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as: amendments thereto are desirable ,and in furtherance of the, goals, and objectives stated in the City of LaPorte's Comprehensive Plan. Section 7. This Ordinance shall: be effective after 1) vacation of that portion of the existing plat designated as Reserve 1 and applicable to the property made:,the subject of this ordinance, and recorded under Harris County Clerk file X836601 and 2) recording of administratively approved plat restricting the subjectproperty to residential use; however, if the aforementioned conditions precedent are not complete within 180 days of the passage and approval. of this Ordinance, this Ordinance shall become null and void. PASSED AND APPROVED this the I`14 day of 2014. APPROVED: Clark T. Askin; Assistant City Attorney 2 a City of La Porte Planning and Development Department p m Established 1892 Tim Tietjens, Director rexAe. July 15, 2014 Jose Sandoval, Jr. 1608 Meadow Park Drive La Porte, Texas 77571 RE: Case #14-92000001; Rezoning of Reserve 1, of the Fairmont Park East Business Park Reserves 1, 3, 4, 5 and 6 Dear Mr. Sandoval: The City of La Porte City Council conducted a public hearing at the July 14, 2014 City Council meeting to consider your request to rezone the property known at Reserve 1, of the Fairmont Park East Business Park Reserves 1, 3, 4, 5 and 6 from GC, General Commercial, to R-1, Low Density Residential. The City Council voted unanimously to approve the rezoning request. I have attached the approved Ordinance #2014-3527 for reference purposes. Please remember that the Council's approval was conditioned on the vacation of the subject property, known as Reserve 1, from the Fairmont Park East Park Reserves 1, 3, 4, 5 and 6. This condition allows 180 days from the City Council's approval to secure the necessary plat approval, or said rezoning will not take effect. You will need to submit an application for a Vacating Plat in accordance with the requirements of Section 4.05 of the city's Development Ordinance (Ordinance No. 1444). I've attached those requirements for your infonnation. You will need to complete the appropriate application form and submit it along with the plat document and application fee of $100 for the city's review. There is no need to obtain the necessary signatures on the plat for each property owner of the various other reserve lots at this time. These signatures will be required following the Planning and Zoning Commission's review of the Vacating Plat. However, as part of your application, please submit to me some form of acknowledgement letter from those property owners indicating their awareness of your plat request. If you have any additional questions, please don't hesitate to contact me directly at 281.470.5063 or via email at enseve n.lanortetx.aov. Sincerel , �k W' Eric J. Ensey City Planner cc: Tim Tietjens, Director of Planning and Development City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov rhX00 O -28- FACATION OR RECORDED SUBDIVISION PLATS C. Said owners declaration and Commission approval certifi- cate is recorded as a single instrument in the county records as required by Article 974a, V..T..C.S. Section 5 (a). 4.06 AMENDING RECORDED SUBDIVISION PLATS An Amending Plat may be filed for record in the County map records to correct dimensional errors, notational errors or other erroneous information as defined and provided for under Article 974a V.-T.C.S. Section 5 (d) provided: A. The signed Amending Plat certificate shown on Enclosure 4 to Appendix D is placed upon the face of the Amending Plat; B. The Planning and Zoning Commission certificate shown on r *k Subdivision Plats, which is authorized and t The vacation of regulated by Article 974a, V. T. C. S. Section 5 (a), shall e J = ermitted, provided. a11.- property contained within the previous -K: = - - ration shown si the Vacation of Subdivision Declaration t n pla g 4- o A Enclosure 5 to Appendix D; Approval al of the Commission is obtained and reflected by B. Commission execution of -the certificate shown on Enclosure 5 to Appendix D; and C. Said owners declaration and Commission approval certifi- cate is recorded as a single instrument in the county records as required by Article 974a, V..T..C.S. Section 5 (a). 4.06 AMENDING RECORDED SUBDIVISION PLATS An Amending Plat may be filed for record in the County map records to correct dimensional errors, notational errors or other erroneous information as defined and provided for under Article 974a V.-T.C.S. Section 5 (d) provided: A. The signed Amending Plat certificate shown on Enclosure 4 to Appendix D is placed upon the face of the Amending Plat; B. The Planning and Zoning Commission certificate shown on