HomeMy WebLinkAboutO-2001-1501-RR
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. . ORDINANCE NO. 1501- ~ R
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 GRANTING A SPECIAL
CONDITIONAL USE PERMI.T FOR THAT CERTAIN PARCEL OF LAND DESCRIBED
AS FOLLOWS, TO-WIT: TRACK 5, APPROXIMATELY 6.4980 ACRES OF LAND
SITUATED. IN THE W. J. PAYNE SUBDIVISION, LA PORTE, HARRIS COUNTY,
TEXAS; FOR THE PURPOSE OF EXPANDING CURRENT CHURCH ACTIVITIES TO
INCLUDE OUTDOOR SKATEBOARD RAMPS AND AN OUTDOOR BICYCLE RACE
TRACK ON CHURCH PROPERTY LOCATED WITHIN A LOW-DENSITY
RESIDENTIAL (R-1) ZONE; 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 19th of July, 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 issuance of a
Special Conditional Use Permit 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 (200') of the properties under consideration.
"Section 2. The publisher'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. Immediately following such public hearing on July 19, 2001, the
Planning and Zoning Commission of the City of La Porte met in regular session but
ORDINANCE NO. 1501~
Page 2
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tabled discussion of the issuance of a Sp~cial Conditional Use Permit, which was the
subject of such public hearing.
Section 4. Subsequent to such public hearing and regular meeting on the 19th
day of July, 2001, the Planning and Zoning Commission of the City of La Porte met in
regular session on the 16th day of August, 2001, at 6:00 p.m., pursuant to due notice, to
consider the issuance of a Special Conditional Use Permit which was the subject of
such public hearing on July 19, 2001. 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 August 17, 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.
"Section 5. 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 issuance of a special conditional use permit, pursuant
to the recommendations of the Planning and Zoning Commission, said hearing being
held on the 10th day of September, 2001, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the
possible issuance of a special conditional use permit for 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.
ORDINANCE NO. 1501!.t
Page 3
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"Section 6. 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 7. 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
Special Conditional Use Permit for the hereinafter described parcels of land, situated
within the corporate limits of the City of La Porte, is hereby granted. The conditions of
said Conditional Use Permit shall be that it will be permissible to expand current church
activities to include outdoor skateboard ramps and an outdoor bicycle race track on the
premises which is located within a low-density residential (R-1) zone but subject to the
conditions listed within Special Conditional Use Permit #01-003 attached hereto as
Exhibit "F." The description of said parcels of land permitted pursuant to said SCUP are
as follows, to-wit:
Track 5, approximately 6.4890 acres of land situated in the W. J. Payne
Subdivision, La Porte, Harris County, Texas.
"Section 8. 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 La Porte's Comprehensive
Plan. The City Council of the City of La Porte finds that the proposed activities, mainly
skateboard ramps and a bicycle race track are desirable as a youth recreational facility,
provided that the goals of the Comprehensive Plan are met, mainly that measures are
taken to protect the surrounding neighborhood from noise and visual blight, and to take
ORDINANCE NO. 1501~
Page 4
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steps to insure that run-off to the surrounding neighbors is not encouraged, and
mosquito and rodent infestation is abated to the extent possible in connection with the
permit. To that end, the City Council of th~ City of La Porte finds that the conditions
imposed above are the least restrictive means under which the City of La Porte, Texas,
can preserve its Comprehensive Plan under the City's obligation to promote the health,
safety, and general welfare of the City while permitting the requested recreational
activity on the church property. The City Council finds that the imposition of less
restrictive conditions would not adequately protect the City's obligation to promote its
Comprehensive Plan and protect the surrounding neighborhood from the potential
adverse conditions in 90nnection with the recreational facilities. The City Council of the
City of La Porte also finds that the proposed church recreational program is composed
of two components. First, children are invited to utilize the proposed recreational
facilities for skateboa~ding and/or bicycle riding in an organized, supervised youth
activity. The second aspect of the proposed activities involved is that youth gather for
prayer and scripture reading on the premises. The City Council of the City of La Porte
does not impose any restrictions on the method, manner, or type of exercise of the
church's prayer and/or scripture reading activities. As such, these activities are not and
will not .be regulated in any method or manner by the City of La Porte, its agents,
servants, employees or assigns.
"Section 9. 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
ORDINANCE NO.1501~
Page 5
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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 10. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the JotJ... day of September, 2001.
ATTEST:
B~OJ~JJ/
MA JHA GILL ,
City Secretary
APPROVED:
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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
19th day o(July, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
SCU 01-003, which has been requested for the property described as TR 5, approximately 6.4980
acres of land situated in the W. 1. Payne Subdivision, La Porte, Harris County, Texas. The said
property, which is known as Fairmont Park Baptist Church is located at 10401 Belfast, adjacent to
Rizzuto Elementary School. This request is for consideration of a permit for the establishment of
outdoor recreational activities on Church property. The development of Religious Insti~tions within
an R-l zoning district requires a Conditional Use Permit per Code of Ordinances.
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
EXHIBIT A
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Fax: 281-4",. COUNTYOF.HARRIS
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E-mail: baysun ( crtv OF LA ~d~TE
: Suite 150
P.O. Box 1414
La Porte, Texas 77571
Karolyn Kellogg
Authorized Representative
NOTICE OF PUBLIC
SHEARING
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\iNiltl'lh~ provisions~3'f .~ec-
tiorll 106-171 of the Code
of Ordinances of. the. City.
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. sl~ns ,of.._ th.~,..:J:' L::.!Jjjf.I'
Govemmenfi' Ci oti~e
is!hefeby ~gi~eri:~that~the?~a
VPort~'Plan;'jin'g "'ii'nd~~oriing"
Commis!,ion will conducla
public hearing.at'6:00 'p.M.
on the 19th' ~ay of ~uly,
2001,' in tl:1e . Council
Chamliers of the CitY Hall;"
. 604 .West Fainnnnt Park.
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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 ~uthorized
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 i~ The Bayshore Sun dated 07 -0 1- () '.
Sworn and subscribed before me this d C; ..,.. H-
,2001.
day of ~
,~,1,~~.
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHIBIT lJ
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City of La Porte
Established 1892
August 17, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on
August 16, 2001, considered a Special Conqitional Use Permit #SCU 01-003.
The request, submitted by Fairmont Park Baptist Church at 10401 Belfast,
seeks approval to allow recreational activities on church property. Earlier, the
Commission heard testimony both for and against the issuance of this SCUP
during the July 19, 2001 Public Hearing on this matter.
After careful consideration, the Planning and Zoning Commission has, by
unanimous vote, recommended that City Council consider approval of Special
Conditional Use Permit #SCU 01-003 with the following conditions in place:
1. Outdoor skateboard & bicycle activities will close at 8.00 P.M. each day.
2. Landscape buffers shall be planted between church property and adjoining
neighborhood per Section 106-334(a) of the Code of Ordinances.
3. Drainage of th~ grassed, open area shall be improved and maintained properly.
4. Discarded car & truck tires are to be removed from all outdoor areas.
. Respectfully Submitted,
~~
Planning and Zoning Commission, Chairperson
c:
Robert 1. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
EXHIEtIT C
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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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 th~ 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 10th 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 Special Conditional Use Permit Request
#SCU 01-003, which has been requested for the property described as TR 5, approxim~tely 6.4980
acres of land situated in the W. 1. Payne Subdivision, La Porte, Harris County, Texas. The said
property, which is known as Fairmont Park Baptist Church is located at 10401 Belfast, adjacent to
Rizzuto Elementary School. This request is for consideration of a permit for the establishme.nt of
outdoor recreational activities on Church property. The development of Religious Institutions within
an R-l zoning district requires a Conditional Use Permit per Code of Ordinances.
A regular meeting of the City Council will follow the public hearing for the 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 LAPORTE
Martha Gillett
City Secretary
EXHIBIT D
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.' Suite 150
P.O. Box 1414
. La Porte, Texas 77571
Fax: 281-471-5763
E-mail: baysun@swbell.net
,f re Sun
Sworn and subscribed before me this
,2001.
~CJr.Jt
day of ~
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
newspape.r 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 eM' - ,;J. t. -0 /.
~~1J j ~ k3 i "'Fsi-
Karolyn Kellogg
Authorized Representative
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rUt... . ~~'~':rflI.
Sandra E. Bumgarner .t.t~t.,;A,'~~~~~~~~~?/a;;lr.- .
Notary Public i'i;.'
Harris County, Texas liill'
EXHISIT E
. Exhibit "F" to~ce 1501- ~ tt
City of La Porte
Special Conditional Use Permit # 01-003
This permit is issued to:
Fairmont Park Baptist Church
Owner or Agent
10401 Belfast Drive
Address
For Development of:
Skateboard Ramps and Bicycle park
Development Name
--/
(same)
Address
Legal Description:
6.5 acres of land in the W. J. Payne Subdivision. La Porte. Harris County.
Texas.
Zoning:
Low-Density Residential (R-1)
Use:
Relioious Oroanizations (SIC # 8661). Amend existino use to include various
Skateboard Ramps and a Bicycle Park
Permit Conditions:
General:
1. Owner shall develop the Skateboard Ramps and Bicycle Park areas according to the application
and ge.neral site development plans attached as Exhibits 1 through 3.
2. Owner shall cease outdoor skateboard and bicycle activities at 8:00 p.m. each day.
3. Owner shall remove all car and truck tires from outdoor areas.
4. Owner shall provide adequate drainage improvements to alleviate existing areas of ponding water.
All improvements to Owner's site shall include adequate drainage facilities to ensure proper
drainage.
5. Owner's site is subject to all ordinances and regulations of the City of La Porte and all other
applicable laws.
Skateboard Ramps:
6. Owner shall install skateboard ramp modifications to reduce sound emissions as shown on Owner's
submittal attached as Exhibit 4 within 90 days.
7. Owner shall relocate Skateboard Ramps to approved location within 30 days.
8. All landscaping enhancements within the existing parking lot shown on Exhibit 2 shall be completed
within 90 days.
B,cycle Park:
9. For the Bicycle Park, owner shall provide Landscape Buffers as shown on the general site
development plan, Exhibit 2. Said Landscape Buffers as specified in Sec. 106-334 of th~ City's
Code of Ordinances shall be a minimum of four-feet wide, be evergreen plant types. be a minimum
of two-feet in height at time of planting, grow to a minimum height of six-feet in two years, and
create a solid screen.
10. Landscape buffering associated with the proposed Bicycle Park shall be installed within 60 days
after relocation I installation of the fence surrounding the Bicycle Park.
11. Owner will take steps to mitigate dust emissions from Bicycle Park activities.
SCUP #01-003
Page 1 of2
.
Exlu"bit "F" toLce 1501- ~~
Failure to begin construction of the Bicycle Park 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:
t1"' I O~OI
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SCUP #01-003
Page 2 of2
DRAFT
.
Exhibit .to Ordinance 1501-
City of La Porte
Special Conditional Use Permit # 01-003
This permit is issued to:
Fairmont Park Baptist Church
Owner or Agent
10401 Belfast Drive
. , Address
For Development of:
Skateboard Ramps and Bicycle park
Development Name
(same)
Address
Legal Description:
6.5 acres of land in the W. J. Payne Subdivision. La Porte. Harris County.
Texas.
Zoning:
Low-Density Residential (R-1)
Use:
Reliaious Oraanizations (SIC # 8661). Amend existina use to include various
Skateboard Ramps and a Bicycle Park
Permit Conditions:
General:
1. Owner shall develop the Skateboard Ramps and Bicycle Park areas according to the application
and general site development plans attached as Exhibits 1 through 3.
2. Owner shall cease outdoor skateboard and bicycle activities at 8:00 p.m. each day.
3. Owner shall remove all car and truck tires from outdoor areas.
4. Owner shall provide adequate dra,inage improvements to alleviate existing areas of ponding water.
All improvements to Owner's site shall include adequate drainage facilities to ensure proper
drainage. .
5. Owner's site is subject to all ordinances and regulations of the City of La Porte and all other
applicable laws.
~-
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SCUP #01-003
Page 1 af2
DRAFT
.
Exhibit '.0 Ordinance 1501-
Failure to begin construction of the Bicycle Park 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
SCUP #01-003
Page 2 of2
. CITY OF LA PORT.
. APPLICATION FOR.
SPECIAL CONDITIONAL USE PERMIT
OFFICE USE ONLY: Fee: 5100.00
~. .W~~,.bUJ
Certified Plans Submitted: . F ~
() General PIan ( )
~ Minor Developement Site Plan ( )
Application No.: a I - D 03
Date Received: {p -~ ' 0 J
Receipt No.: fe.,e. WCL\1,RcL
Major Development Site Plan
Preliminary Plat
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IR.~' ~1J<3 . 'P~ WT. .
R- - I SIC USE CATEGORY: g6&/
Person lVIaking Request:
~Iailing Address:
City/State:
BUSINESS NAME:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
ZONE:
TYPE OF BUSINESS:
?,-~-t!J1
DATE
Date of P & Z Public Hearing:
Date of City Council ~Ieeting:
Zone: 7< - I
This application is :
CLP JOB #
OFFICE USE ONLY
7-/9 -() L
9-/0 -0 L
. Approv~d. ( )
Permit No.
Recommendation:@ or N
Approved: Y or N
. .
Denied ( )
(If Assigned Yet)
Conditions:
DATE
'J""lI.._1.~' .. ". "'''''T~ ,,"".. """'^_
ZONING ADIVffiiISTRA TOR
PROPERTY MAP
Fairm.ont P~rk Baptist Church
Rizzuto School
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I Future I I Future 0 ~~_
a Worship I I rIl ~~~'~ ..I~~m ~ . ~~~
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DATE
09/04/01
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Exhibit 3 to sCUP #01-003
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Exhibit 4 to sCUP #01-003
Skate Ramp
Typical
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Staff Report
August 16, 2001
Fairmont Park Baptist Church
Special Conditional Use Permit #SCU 01-003
ReQuesf
Requested By:
Requested For:
Present Zonine::
Backe:round:
Analysis:
Consideration of a Special Conditional Use Permit #SCU 01-003
Fairmont Park Baptist Church
Approximately 6.5 acres of land situated in the W. 1. Payne Subdivision, La
Porte, Harris County, Texas. This property is located at 10401 Belfast Drive
at the comer of Farrington Boulevard. The church is seeking approval to
expand their current activities to include outdoor recreation in the fonn of
skateboard ramps and a bicycle race area.
Low-Density Residential (R-I)
The tract in question is located at the northeast comer of Farrington
Boulevard and Belfast Drive. It is bounded on the west, east and south by
single-family residential development. It is bounded on the north by Rizutto
elementary school. Existing development on the 6.5 -acre subject tract
includes several buildings, vehicle access, parking, and sidewalks that are
situated on the southern portion of the tract. The buildings are identified as
Worship Center, Chapel, Education, and Office.
Fairmont Park Baptist Church is requesting consideration for outdoor
recreational activities within the existing 6.5-acre church property. These
recreational activities include. a bicycle park, and skateboard ramps. The
development or expansion of religious institutions within an R-I zoning
district requires a Special Conditional Use Permit per City's Code of
Ordinances. .
The church applied fur and was issued a Special Conditional Use Permit
(SCUP) in 1987. This permit and accompanying site plan demonstrated only
the construction of additional church buildings and relat~d parking facilities.
The permit did not indicate approval for outdoor recreational activities.
Section 106-217 of the zoning ordinance provides certain conditions for the
issuance of a special conditional use permit as fullows:
1) That the specific use will be compatible with and not injurious to the use
and enjoyment of other property, nor significantly diminish or impair
property values in the immediate vicinity. .
2) That the conditions placed on such use as specified in each district have
been met
3) That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints, and necessary to protect the public
interest and welfare of the community.
Fairmont Park Baptist Chu.
SCUD 1-003
August 16,2001
Page 20f3
e
In addition, Chapter 9 of the Comprehensive Plan states, "Neighborh<;>ods
are one of La Porte's greatest assets as they form a foundation for a sound
quality of life." The. P~an also states, "The attractive appearance and
environmental quality of existing residential neighborhoods should be
protected to maintain the value of properties and enhance the qual ity of life."
Attached is Figure 9.8 from the Comprehensive Plan that demonstrates some
neighborhood protection standards.
Specific provisions that apply to conditional uses in residential zoning
districts are found in Section 1 06-3"34 of the Code of Ordinances. These
performance standards, as they apply to this request, may include the
following:
Landscape buffers - Buffers are necessary to preserve the value of the
homes, reduce adverse effects of traffic, lighting, noise, dust and odor, and to
protect the homeowner's privacy by requiring spacing and screening
between uses of different types or intensities. Although none are indicated
on the submitted application, landscape buffers could be used as a means to
reduce some of the adverse affects from the proposed recreational activities.
Compatibility with surrounding areas_ The proposed development is to be
compatible with the existing and planned use of the area and conflicts are not
. to be created between the proposed use and existing and intended future use
of the surrounding area.
During the July 19th Public Hearing, the Commission heard testimony both
for and against the issuance of this special conditional use permIt. Prior to
the public hearing, notices were mailed to property owners within 200 feet of
the church site. A total of 41 notices were mailed and the city received 13
responses; 7 in favor, 6 opposed.
Wayne Spears and Dan Chappell with the Fairmont Park Baptist Church
have forwarded to the City a revised site plan and other information that is
included with this report. The revised plan shows the skate ramps being
moved away from the residential fences and closer to an existing building.
In addition, the boundary of the bicycle park is shown to be approximately
100 feet away from the residential fence line.
Fairmont Park Baptist Chutt
SCUOl-003 .
August 16, 2001
Page 3 of3
e
Summary:
In considering any application for a special conditional use permit, the
Commission shall give due regard to the nature and condition of all adjacent
uses and structures. The Planning and Zoning Commission may recommend
disapproval of an application for a Special Use Permit, or the Commission
may recommend approval subject to such requirements and conditions with
respect to location, construction, maintenance and operation, in addition to
the regulations of the district .in which the particular use is located, as the
Commission may deem necessary for the protection of adjacent properties
and public interest.
Options available to the Commissio.n are:
Approve the SCUP as submitted by the applicant
Approve the SCUP with specific conditions to be outlined by the
Commission
Disapprove the SCUP
Table consideration of this item until addition information can be
provided to the Commission.
A recommendation from the Commission on this Special Conditional Use
Permit will be fOIWarded to City Council for final consideration.
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........................... I...... ...... ...........................................1.........
Residential Development
Chapter 9
f
. Limitations on nonresidential building height when adjacent to residential land use, or increased
setbacks equal to twice the height of the nonresidential building.
. Decorative building materials on rear elev~tions of nonresidential buildings;
. Screening of mechanical equipment and service areas;
. .
. Building orientation to lessen the visual impact on residential areas;
. Restrict direct acce~s between residential a.nd nonresidential developments; and,
. Utilize planned unit development provisions to encourage innovative and imaginative site design to
minimize adverse impacts on adjac~nt properties.
FIGURE 9.8
NEIGHBORHOOD PROTECl'ION STANDARDS
La Porte 2020 Comprehensive Plan Update
La Porte, Texas
.~
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Page 9-18
... .....................~....... I.... ........... .....................1... La Porte 2020 Comprehensive Plan Update
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A ~eeting of the La Porte
REmEIVED
if O.D} .
PLANNING'
Pl~nnin~ and Zonine Commission
(Type of Meeting)
Scheduled for
July 19; 2001
(Date of Meeting)
to Consider
Special C9nditional Use Permit Request #SCU 01~03
(Type of Request)
I have received notice of the above referenced public liearing.
I am iI{F A VOJO>f gxanting this request for the following reasons: .
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I am OPPOSED to granting this request for the following reasons:
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Address .
AJ'f /b;e.:le 1'iX. 77 S-7 /
City. StatJ, Zip
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PLANNING
A Meeting of the La Porte
pl!l1nn;ng- and Zonine" Commission
(Type of Meeting)
Scheduled for
July 19; 2001
(Date of Meeting)
to ~onsider
'Special Conditional Use Permit Request #SCU 01-003
(Type of Request)
I have receiv~d notice of the above referenced public bearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
'..
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Signature
L~ 1!.t:JL A~h .-rQ
Address
,)f_,t7~ r:p 'L?~'i/
City, State, Zi
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A Meeting of the La Porte
plann;nlt and Zo~ Commission
(Type of Meeting)
Scheduled for
. R]~~JY~D'
..1l.1ll1LL
PLANNING
July 19; 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
~ype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reaSons:
'D. 11 ,j C,~tl PfLlI
Name (please print)
Q~~~~
Signatui'e
I D If .? q c,. t iA...it ~, n Co.
Address
k POl""k T~ ??r71
City, State, Zip
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A Meeting of the La Porte
~Eft~~fD
., \, ()
PLANNING
pl!:1nn;ng- and Zonin2" Commission
(Type of Meeting)
Scheduled for
July 19; 2001
(Date of Me~ting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
(Type of Request)
I have received 'notice of the above referenced public hearing.
.-1
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I am OPPOSED to granting this request for the following reasons:
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Address
L;-)], S ~.i ;;;;-, "7/1.7 -7/
City, 'State, Zip
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PLANNING
A Meeting of the La Porte
plann;n2' and Zonine' Commission
. (Type of Meeting)
Scheduled for
July 19; 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
(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:
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Sign e
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Address
LA-~. Ix '{70S? I
City, stide, Zip
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PLANNING
A Meeting of the La Porte
pl~nn;n2" and Zo~ Commission
(Type of Meeting)
Scheduled for
July 19; 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
(Typ~ of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of gtanting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
.kt:4#1PnI J,//dp~
Name (please print)
,~t?~"
Signature
/~f~ ~r~f'T,.e p
Address
,1...4 !3b,t<.n; T)(' ''77r7/.l/;..1F""
City, State, Zip
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A Meeting of the La Porte
~ff~r~?
PLANNING
Pl~nn;ne and Zonine' Commission
(Type of Meeting)
Scheduled for
.r
July 19; 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
(Type of Request)
-
I have received notice of the above referenced public hearing.
I am in FAVOR of gamting this request for the following reasons:
....
I am OPPOSED to granting this request for the following reasons: '\ t.. ~ :) \..~ \:. ~ '\..~ C) ~ ~~st. ~
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A Meeting of the La Porte
Pl~nn;ne arid Zonine' Commission
(Type of Meeting)
Scheduled for
to Consider
. ~~':D
PLANNING
July 19; 2001
(Date of Meeting)
Special Conditional Use Permit Request #SCU 01-003
. (Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of gamting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
~
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Address
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City, S te, Zip
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A Meeting of the La Porte
pl~nn;n~ and Zonine' Commission
(Type of Meeting)
Scheduled for
~'ffJl
I
PLANNING
July 19; 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
(Type of Request)
. e of the above referenced public hearmg.
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I am OPPOSED to gamting this request for the following reasons:
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{~'!n? ~ /..M.
Address
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City, State, Zip'
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A Meeting of the La Porte
Plannine" and .ZoniDe' Commission
(Type of Meeting) .
Sch,eduled for
to Consider
~i~~D
PLANNING
July 19; 2001
(Date of Meeting)
Special Conditional Use Permit Request #SCU 01-003
(Type of Request)
I have received notice of the above referenced public hearing:
I am in FAVOR of gamting this request. for the following reasons:
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Signature
./~43/ ~Al,W
Address
.jdAA~' ~ ?1d-7/
City, Stlte, Zip
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, Name (please print)
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PLANNING
. A Meeting of the La Porte
Pl~nning and ZoniDe' Commission
(Type of Meeting)
Scheduled for
July 19; 2Q01
(Date of Me'eting)
to Consider
Special Conditional Use Permit Request #SClJ 01-003
(Type of Request)
I have received notice of the above reference~ public hearing.
I am in FAVOR of granting ~s request for the following reasons:
I ~PP~ gam~g this requ~st for the following reas~ns:. ."
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A Meeting of the La Porte
Scheduled for
-
PLANNING
Pl~nn;n~ and ZoniDe' Commission
(Type of Meeting)
July 19; 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU 01-003
(Type of Request) .
I have received notice of the ~bove referenced public hearing.
....0 ~gmntmg tins "'quest fo, the followmg """"'" . . ,
.. . /'1.1L~.QIt$I!,t/ ~ ,;J7>>FL:/)
4nn'1 0/- Rvr4 4u-C/~
dt-~~
R~!jJ:~r9
7-l'5-()/
J 1/ ~ t!JL nt:n
Address
~U?l ??5?/-l/xzl
City, State, 'p
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,
July 13, 2001
~ A Meeting of the La Porte
C Planning and Zoning Commission
I). ~ ( Scheduled for
~\Y- July 19, 2001
, To Consider
I ~v \ Special Conditional Use Permit Request #SCU 01-113
o r peky & Rudy Garcia at 3110 Oaken Lane are OPPOSED to granting this request for the
\-......:... following reasons: .
1. THUMPING NOISES (rom skateboarders jumps on wood = erratic,
inconsistent, sporadic, unexpected, startling, disruptive, disturbing, annoying,
irritating, unreasonable, & unnerving
2. RATTLES & RACKET from skateboarders & bicyc1ersjumping on the metal
bars dividing the s~allest ramp = erratic, inconsistent, sporadic, unexpected,
startling, disruptive, disturbing, annoying, irritating, unreasonable, & unnerving
3. PENNY'S SEVERE ALLERGIESIINFECTIONS = The stirred up dirt, dust, grass,
& molds in the bicycle race park will adversely affect her health.
4. PENNY'S CHRONIC SINUS HEADACHES = h~r inability to rest because of the
. .
exceSSIve nOISe
5. LOSS OF PRIVACY because heights of ramps & dirt mounds give view into our
backyards on Oaken Lane. (I have lived at 3110 Oaken Lane since January 1979 =
22~ years in peace & solitude. This home was chosen in Section IV for its isolation
and exclusiveness; we did not choose to live near an amusement park.)
6. DE-VALUATION of PROPERTY (Lifetime hqme investment over $200,000 is
more important than children's temporary entertainment & amusement park.)
7. DRAINAGE, STANDING WATER, & FLOODING from bicycle race park
(Standing water/mosquito infestation behind our fence are already unresolved issues
from summer 1999 when Fairmont Park Baptist Church ignored a certified letter from
the Garcias and Pizzitolas.) .
8. LOSS OF PEACEFUL EVENINGS = UNABLE TO FUNCTION in our home, i.e.
read, relax, nap, concentrate, or watch TV during recreational hours
9. LOWERS AESTHETICS of Section IV neighborhood
10. HAVING TO PATROL RAMPS during unscheduled ramp hours (My having to
call the police to remove young boys from the ramps at odd hours)
11. EXPOSED RAMPS = open invitation to young people = irresistible temptation
12. DAMAGE TO FENCES (already occurred in 2000 to James Davis' fence)
13. FIRE HAZARD/SAFETY ISSUES (Fire already happened 7-5-01.)
14, ZONING - No homeowner is allowed to conduct such disruptive activities.
15. REDUCED PARKING SPACES - Ramps consume many parking spaces, and
Belfast and Farrington are full of cars on Sundays and Wednesdays.
16. TRAFFIC RESTRICTIONS enforced at Sea Breeze Park to maintain
homeowners' privacy (We'd like the same courtesy.)
17. PERSONAL STRESS caused day 04 during, night 04 and the day after the ramps
are used
ChI!!
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2
18. CHURCH'S"'IRRESPONSIBILITY, INSENSITIVITY, & POOR PLA~NING =
a. Insufficient funds to buy plywood, insulate ramps properly, and build gym to
enclose ramps .
b. No official city permit since ramps installed in fall 2000
c. Delay submitting plans for a permit even after informed
d. Minimal efforts to reduce the noise or be "neighbor friendly"
e. Church leaders' false promises,j.e. NOT relocating ramps or boarding the open
sides of all ramps
f. Unreliabilitv of and dependence on volunteers to complete work and.sponsor
activities, i.e. the property behind our fence is left unmowed for weeks
g. Outgrown their space, therefore re-Iocate recreational activities outside this
neighborhood
h. Not responding to our April 27th certified letter of complaints & requests until
after Penny spoke to City Council 5-21-01
1. Asking non-members (Ed Matuszak & Penny Garcia) to research & ask for
donations for the insulation of their ramps
J. Not communicating with or giving respect to the affected neighbors or the church
members until Penny's speech to City Council 5-21-01 (5 months after ongoing
complaints! suggestions)
.;X. Untimely agreement to meet with the neighbors at the end of May after school
was over when our vacations made a meeting with all ofus impossible to
" coordinate (We had requested a meeting in our April 27tb letter.)
1. Ignoring the August 1999 certified letter, requesting that the low spots that held
standing water behind our fence be filled so that our mosquito and rat problems
would be reduced (Still a major problem)
. m.. Lack of compromise. flexibility. professionalism. & initiative; minimum, delayed~
& slqw rf[P.rts to resolve issues ..
n. DislwlW6Jy/distortion of facts/contradictions/inconsistencies (On June 1, 2001, I
sent a list of,these to Doug Kneupper, Mayor, City Mal1ager, Assistant. City
Manager, and Councilpersons.)
o. Not teachin(Z or role modeline: to their youth the Golden Rule, sensitivity, or the
understanding ofolher people's privacy or points of view
p. Not offering to reimburse the Garcias the $43.08 we spent for the plywood &
screws that my husband used to board the backside of the 6 ft. ramp on June I I to
try to preserve our sanity (No thanks given either)
q. No other church located in a neighborhood conducts such intrusive, interfering,
and noisy recreational activities
.
e
A Meeting of the La Porte
Pl~nn;n~ and ZoniDe' Commission
(Type of Meeting)
Scheduled for
..
to Consider'
~E'VrD
J8D
. PLANNING
July 19; 2001
(D~te of Meeting) .
.
Special Conditional Use Permit Request #SCU 01-003
(fype of Request)
I have received notic~ of the above referenced public hearing.
I am in FAVOR of gamting this. requ~st for the following reasons:
I am OPPOSED to granting this r~quest for the following reasons: .
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While we do not oppose the concept of the use of skate board ramps / jumps and the bike cross to
attract youth to the church outreach program, we are opposed to the proposed siting for these
activities. The current setup of the skate board ramps in the parking lot has created some
discomfort from the homeowners, in particular the ones whose homes back up to the church
parking lot, due to the noise associated with the jumping on the ramps. The ramps also take up a
significant amount of the required off-street parking spaces which can create another problem
of street congestion in the neighborhood .
The bike cross as it is being proposed is setup with the fenced in area using the homeowners
backfence line to finish enclosing the project. The proposal is to bring inforty+ (40) loads of
dirt to "mound up" for jumps. There is already a severe problem with drainage and grounds
maintenance in this part of the church property and the additional dirt will absolutely prevent
the homes back yards from draining. The mounds will cr.eate an element of loss of privacy in the
back yards due to the height of the mounds and the very close proximity to thes~ homes. There
will be an even more severe problem to these homes by the creation of the dust associated with.
this project. The available land area on this site is not conducive to this type of recreational
area and. it will severely limit the church's future growth opportunities for building plans' and
the ability to provide adequate off-street parking as required.
Fairmont Park Baptist Church has been offered an opportunity for an alternative site for this
ministry by the pastor at the New Life Christian Fellowship Church on Underwood Road. Pastor
Greg Holley has indicated to me that they (New Life) currently have plansfor a ''professional''
level skate park / ramp facility and it is available to the Fairmont fark Baptist Church for their
youth ministry. Fairmont Park Baptist Church has several vans availablefor transportation and
it is less than afive minute trip to the New Lifefacility. It is also important to note that the New
Life Christian Fellowship Churchfacility is also located in an appropriate zoning designation
for this type of activity. It is my understanding that the Fairmont Park Baptist Church ministry is
to allow skating for an hour with a half-hour break for bible study and then is followed by
another hour offree skating. Pastor Holley has also offered to put up a tentfor them (Fairmont
Park Baptist Church) to use to hold their halfhour bible study break in. J also understand that it
is also planned at some future point in time to invite ''professional level " skate boarders in to
attract more youth in to the Fairmont Park Baptist Church ministry,1fthat is in fact planned
then it is even more important for them to have an alternative site that can accommodate
"commercial type" crowds that are not suited to the Belfast location.
In conclusion, I want to re-emplzasize that I do not have anv problem with the concept, however
this is an R-l zoning designation area and the homeowners have an absolute right to protection
of their homesteads and the valuers) associated with them.
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PUBLICATION DATE:
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