Loading...
HomeMy WebLinkAboutO-2001-1501-SS . . ORNINANCE NO. 1501-..55 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 20th day of September 2001, 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 as required by the Open Meetings Law, Chapter 551, Texas Government Code, 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", ald 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 (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "8", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on September 20, 2001, the Planning and Zoning Commission of the City of La Porte met in regular session to consider 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 September 21,2001, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. lsk Page 2 .. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 22nd day of October, 2001, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "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. The City Council of the City of La Porte hereby accepts 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 "PUD - Planned Unit Development." The description of said parcels of land rezoned to Planned Unit Development is as follows, to-wit: East half of TR 718, TR 719, and adjoining street out of La Porte Outlots, W. B. Lawrence Subdivision, La Porte, Harris County, Texas. "Section 7. 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 ORDINANCE NO. 15.55 Page 3 e contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. 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, Chapter 551, Texas Government 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~a..uJ) day of October, 2001. Cll~ PORTE ~ By: ~ . NORaNE. Mayor ATTEST: By~a(;f/t4/ Ad.I!L AR HA GILLETT, City Secretary e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th day of September, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone requ~st #R 01-005, which has been requested for approximately 8.2628 acres of land being E. ~ of TR 718, TR 719, and adjoining street, out of La Porte Outlots, W. B. Lawrence Subdivision, Vol. 83, PG. 344, HC.D.R. out of the William M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located along Fairmont Parkway at UndelWood Road. The request, submitted by Mr. Dan Dompier, on behalf of Summer Winds, LLC., seeks to have the property in question rezoned from Neighborhood Commercial (NC) to Planned Unit Development (PUD). The purpose of the zone change is to provide for Office Building Park. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the 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 Martha Gillett City Secretary BHi8\1T A . ~~.-, ...-.-... -..~~ ~ EXHIBIT A & B e 820 South 8th Street La Porte, Texas 77571 ilThl~IS3 'Serving The Bayshore Area Since 1947' City of La Porte County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a semi-weekly newspaper published and generally distributed in the City of La Porte, Harris County, Texas and who after being duly sworn, swears the attached notice was published in The Bayshore Sun dated / () / () 7 /01 I K rolyn Kellogg Authorized Representative Sworn and subscribed before me this / '7 .,. H day of ~ ~~.~ Sandra E. Bumgarner ~ Notary Public Harris County, Texas 281-471-1234 Fax: 281-471-5763 ,2001 e e City of La Porte Established 1892 September 21, 2001 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezone Request #R01-005 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its September 20, 2001, meeting, held a public hearing to consider Rezone Request #R01-005. Mr. Dan Dompier, owner's agent, seeks to rezone approximately 8.2628 acres of land located along Fairmont Parkway at Underwood Road, further described as the east half of TR 718, TR 719, and adjoining street out of La Porte Outlots, W. B. Lawrence Subdivision, Harris County, Texas. The applicant seeks to have the property rezoned from Neighborhood Commercial (NC) to Planned Unit Development (PUD). The purpose of rezoning is to allow development of office buildings and a banking facility at this site. The Planning and Zoning Commission, by unanimous vote, has recommended approval of Rezone Request #R01-005. Respectfully submitted, ~~~ Chairperson, Planning and Zoning Commission 604 W. Fairmant Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~81$!lii C e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 22nd day of October, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, LaPorte, Texas. The purpose of this hearing is to consider rezone request #R 01-005, which has been requested for approximately 8.2628 acres of land being east half ofTR 718, TR 719, and adjoining street, out of. La Porte Outlots, W. B. Lawrence Subdivision, Volume 83, PG. 344, H.C.D.R out of the William M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located along Fairmont Parkway at Underwood Road. The request, submitted by Mr. Dan Dompier, on behalf of Summer Winds, LLC., seeks to have the property in question rezoned from Neighborhood Commercial (NC) to Planned Unit Development (PUD). The pUIpose of rezoning is to allow the development of office buildings and a banking facility at this site. A regular meeting of the City Council will follow the public hearing for t he purpose of acting upon the public hearing items and to conduct other matters pertaining to the 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 Martha Gillett City Secretary This facility has disability a,?commodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ~"'rr, " . ~B ~. '?'en"" rEo "."",,,- I .~;';:SL'~c.. '.ta I". .;....~I..!~.' .1 ecre.. ce'~a .-; )(:~lti5~20' .'. tpqlj .~~~~4?1- '1'J'. f9ff~t<~ ~e~I"!f~atlon .~. r~".')i.. . ':.'~ - . "" P!~{,;j: . 281-471-12.34 Fax: 2$1-471-5763 E-mail: baysun@swbell.net B re un e undersigned authority, on this date peared Karolyn Kellogg, a duly authorized f{,.~re of The Bayshore Sun, a semi-weekly .~ilublished and generally distributed in the . ';. rte, Harris County, Texas and who after. .. orn, swears the attached notice was .~~: The Bayshore Sun dated /OI03/~f. . . >'. '; .,~;"::~ !;.~: . . I CITY. of.':' L,4;,'P.ORTE' '. . . ... . --. Martha' GiI!etL"..... . : ",' CIK" .': e~r~ta.rY.'i,.~: 1 ..f01l).: .t. ..}~~~ :.. ...~. o;Qd.... ...., .s;J' >., .TIiI&..,fa~ihtY.:. nas:dlsablllty., accommodation available. i ~REiciue$ts.J~r a" .-. . ddf1.- :. . . pns .q~~9]~Q~ ."~~pubscnbed before me thiS ails aq;P'le ngs d be, . ma'ae,4Y:Sl1{fj;p " .... I I 2001, meetlJ',gr...-rJ'~lY;Q9'i:I~ . ....- ,~~.L~ ~~alf)rt' Karolyn Kellogg Authorized Representative f-r!!- day of ~ Sandra E. Bumgarner Notary Public Harris County, Texas EXHllMT E . e A Meeting of the La Porte REceiVED - Q-/3-o J PLANNING Planning and Zoning Conunission (Type of Meeting) Scheduled for September 20, 2001 (Date of Meeting) to Consider Zone Change ReQuest #R Ol005 (Type of Request) I have received notice of the above referenced public hearing. . I am in FA VCR of gran~ ;' requ,,/, forth., bg .....fon" ; (-0 Ii Ai D ~ A f- . /\1. V ,1- .:. amO:.POS~ to granting this r~uest for the follow~g ~asons: . . r- rh/6 /6 fY}~s+l\L tt Y)e:5hb-orhDD~ 0+ r ~'::2. rd €(t+i oj / Fr.r~'P c ~;t. -:r.Lwe .1illlrieol ::J--r., W€ I V1. 111"\. bt-f I C e.1 . 1i" k ~A vI'" 0... uk. W t1 U.J d... -ho u e.- b..o ~h.,t I v'\ -HW .1 D d of.- 0...-(' e C( ~ BrpY-ld ()..;I, ~D~Ll~ .3'J)6b ~/eu.~('\()d.n(7 Name (please print) 0 A ess 6nLrlh. f!t!!.Jpj;p.~ L-{lPQd~ Ix -n 571 ' Si ature City, State ip ( e e Staff Report September 20, 2001 Zone Change Request #R 01-005 Requested by: Dan Dompier, Owner's agent Requested for: East ~ ofTR 718, TR 719 LaPorte Outlots Location. FairmontParkway at Underwood Road Land-Use Map: Mid-to-High Density Residential and Low Density Residential Present Zoning: Neighborhood Commercial (NC) Requested Zoning: Planned Unit Development (p.U.D) Background: The property in question is approximately 8.2628-acres in area described as East ~ of TR 718, TR 719, and adjoining street out of La Porte Outlots, W.B. Lawrence Subdivision, out of the William M. Jones Survey, Abstract 482, City of La Porte, Harris County, Texas. The undeveloped tract above is just south of Caniff Road at the northwest comer of Underwood Road and Fairmont Parkway. To the north of the property in question is low-density residential development (Summer Winds Subdivision); to the west is a church, there is an existing convenience store/gas station on a small parcel at the comer of Fairmont Parkway and Underwood Road; to the south and across Fairmont Parkway is the Bayport North Industrial Park; and to the east and across Underwood Road is high-density residential development (Fairmont Oaks Aparbnents) along with a commercial strip center. The applicant's stated purpose for this rezoning request is to allow mixed- use commercial office building development. If approved, the applicant's initial project would be a banking facility fronting Fairmont Parkway. The balance of the development would be office buildings with various uses. When the applicant examined our zoning ordinance, most of the uses he considered applicable to his development were included within the Neighborhood Commercial section. However, there are additional office- based uses the applicant would like to market his office space to that are under the General Commercial category in our zoning ordinance. The applicant considered a request for General Commercial zoning, but determined that particular category of uses too intense with the existing adjacent low-density residential development. If PUD zoning is approved, the applicant would pursue approval of a list of office and retail type uses acceptable within his office buildings. This list e e Zone Change Request #R 01-005 P&Z 9/20/01 Page 2 of 4 would become part of the project's General Plan that City staff would use to determine if a contemplated use and tenant would be allowed. Analysis: The neighborhood commercial classification is intended to provide for the establishment of local centers for convenient, limited office retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are intended to provide services and goods for the surmunding neighborhoods and are not intended to draw customers from other geographic areas. The City is composed of numerous types of development, which are closely interrelated and interdependent with one another. With careful consideration and planning, this interrelationship may be beneficial to the whole community. In fact, the City has been consistent with providing a conducive environment to the extent and nature of development along major roads within the City limits. The relationship of the applicant's proposal to the Comprehensive Plan needs to be emphasized as much as possible. In considering this request, Staffhas reviewed the applicable chapters of the Comprehensive Plan. These chapters include; Land Use, Transportation, and Utilities. Land Use - The recently adopted Comprehensive Plan that contains the La Porte 2020 Land Use Plan indicates this area envisioned as developing as a mixture of mid-to-high density residential and low density residential uses. However, the previous land-use plan showed this area as a mixture of commercial uses and mid-to-high density residential uses. The previous land-use plan would better support the current NC zoning classification for this property as well as the requested PUD zoning classification with the intent of developing an office park. There has been discussion in the past regarding developing a grocer/retail use at this very location. With that in mind, the Commission may want to consider a modification to the La Porte 2020 Land Use Plan that would include commercial uses at the comer of Fairmont Parkway and Underwood Road for it appears commercial land uses were inadvertently eliminated from this area. Confonnance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: . Character of the surmunding and adjacent areas; e . Zone Change Request #R 01-005 p&z 9/20/01 Page 3 of 4 . Existing use of nearby properties, and extent to which a land use classification would be in hannony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. None of the above criteria present any concerns over the proposed change in zoning designation. Transportation - Being located at the comer ofFairmont Parkway, a semi- controlled access highway and Underwood Road, a primary arterial road, provides more than adequate accessibility for circulation of traffic and can easily accommodate the traffic generated by the proposed uses. There should be very limited impact on traffic flow within the vicinity even after full implementation of the proposed project. The private drives and parking areas will be designed and constructed in conformance with City Standards. Since traffic movement is the primary function of Fairmont Parkway and Underwood Road, access management in the vicinity of this intersection would be essential. Driveways connecting directly onto these roadways should be minimized to avoid traffic congestion and other delays caused by turning movements for vehicles entering and existing driveways. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. In addition, a large diameter sewer main fronts this property along Fairmont Parkway. Provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. Storm water drainage will require on -site detention to mitigate any adverse impacts associated with this proposed development. . . Zone Change Request #R 01-005 P&Z 9/20/01 Page 4 of4 Conclusion. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties. The tract in question is suitable for the requested change to PUD making an environment conducive for business development. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It would not have a significant impact on traffic conditions in the area and utilities would not be affected. In reviewing this request the Commission should consider the following points : . There was no apparent error in assigning the present zomng designation to the tract in question. . The applicant's requested zoning provides some flexibility for the developer while at the same time allowing the City to review specific uses and site layouts at the various stages of the proposed development. Options available to the Commission are: . Recommend to Council approval of this rezoning request from NC to PUD. . Recommend to Council denial of this rezoning request from NC to PUD.