HomeMy WebLinkAboutO-2001-1501-OO
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ORDINANCE NO. 1501- ()()
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 CLASSIFICATION
OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: LOTS
69 & 70, PT. OF TR 71 LA PORTE OUTLOTS, TOWN OF LA PORTE; 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 15th day of March 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", 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. Subsequent to and immediately following such public hearing, the
Planning and Zoning Commission of the City of La Porte met in regular session on the
15th day of March, 2001, to consider the changes in classification which were the
subject of such public hearing. The City Council of the City of La Porte is in receipt of
ORDINANCE NO. 151 tJt)
Page 2 of 4
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the written recommendations of the City of La Porte Planning and Zoning Commission,
by letter dated March 16, 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 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 9th day of April, 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 which the City Council of the City of La Porte hereby finds
was properly mailed to the owners of all properties located within two hundred feet
(200') of the properties under consideration.
"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 "R-3 - High Density Residential." The
ORDINANCE NO. 150' ~
Page 3 of4
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description of said parcels of land rezoned to Medium Density Residential is as follows,
to-wit:
LOTS 69 & 70, PT OF TR 71 LA PORTE OUTLOTS, TOWN OF LA
PORTE
"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 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.
~RDINANCE NO. 150' ro
Page 4 of 4
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Passed and approved this the q+n day of April, 2001.
CITY OF LA PORTE
BY:~A
NO N AL N , ayor -
ATTEST:
BY~4J4m4
MA THA GILL TT
City Secretary
APPROVED:
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TIfE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LAPORTE
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 15th
day of March, 2001, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La
Porte, Texas, The purpose of this hearing is to consider rezone request #R 01-001, which has been
requested for approximately 7 acres tract or parcel of land includes LTS 69 & 70, Pt. of TR 71 La
Porte Outlots, situated to the east of the pipeline corridor along Spencer Highway, La Porte, Texas.
The City of La Porte is seeking this request based on the newly adopted Comprehensive Plan and
Thoroughfare Plan. The property in question is being considered for rezoning from Neighborhood
Commercial (NC) to High Density Residential (R-3).
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 Com mission,
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 ~...
THE-.~TATF OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
e
en
NOTICE OF PUBLIC
HEARING
.146
50
1414
:as 77571
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
In accordance b
with the provisions of Sec- e
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Govemment 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 15th day of March,
2001, in the Council
Chambers of the City Hall, La Porte
604 West Fairmont Park-
way, La Porte, Texas. The of Harris
purpose of this hearing is
to consider r:ezone reque.f Texas
#R01-001. ich has b
requested or a oxi-
mate ac tract. h d . d h' h' d t
eel nd s L . me, t e un erslgne aut onty, on t IS a e
~~rt/ 0 si .;~ md appeared Karolyn Kellogg, a duly authorized
the ,eas of he Ipeline 3ntative of The Bayshore Sun a semi-weekly
corndor alo Spencer .. ,
Highw~y. La Porte, Texas, 3.per published and generally distributed in the
The City of La Porte is
seeking this request based La Porte, Harris County, Texas and who after-
on the newly adopted
Comprehensive Plan and july sworn, swears the attached notice was
Thoroughfare Plan. The 2 / 2 5 / 0 1
property !n question is be-led in The Bayshore Sun dated
Ing conSider for rezoning
from Neighborhood Com-
mercial (NC) to High Den-
sity Residential (R-3).
B
re Sun.
A regular meet-
-.. of the Planning and
Tn,,;..:;; Commission will
_::cc_-. the publiC hearing
.:c me purpose of acting
. ' th~ _ public. hearing
______ ~____ __ -'-____._.:. _.&.L__
------ -..- ..- ..._"I......~. ",,,n:il
~ . _-1.,./,'/" J
1}C2/LLGL<-r ~Lf.LJf-
Karolyn Kellogg
Authorized Representative
---::-'7 ~ertaining to the
and subscribed before me this
Citizens wishing , 2001,
address the Commis-
c:l;lND
day of n~
..- --. _--...,". ... --.7'"... ., IV
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....-- -. --.. ....._...1'4 ""OJ
't,;~:;C ;.;"iaring wiii be re-
o .. . .... ..
"'.... ............... ...................... .......................................................a
CITY OF LA PORTE .1
Martha Gillett iANDRA E. BUMGARNER ~
City Secretary OTARY puellC, STATE OF TEXAS ~
MY COMMISSION EXPIRES S
~ --- FEB. 19, 2002 S
:.-"'....................._..;0::: S
:.-"'...................----............-:,,:,r..........................,J;
Sandra E. Bumgarner
Notary Public
Harris County, T~xas
EXHIBIT B
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City of La Porte
Established 1892
March 16, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R01-001
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its March 15, 2001,
meeting, held a public hearing to consider Rezone Request #R01-001.
Approximately 7 acres of land including Lts. 69 & 70, Pt. of TR 71 La Porte
Outlots, situated to the east of the pipeline corridor along Spencer Highway,
would be rezoned from Neighborhood Commercial (NC) to High Density
Residential (R-3).
The Planning arid Zoning Commission, by unanimous vote, has recommended
approval of Rezone Request #RO 1-00 1 .
Respectfully submitted,
~~dJ~
Chairperson, Planning and Zoning Commission
P.O. Box 1115 . La Porte, Texas 77572-1115 · (281) 471~5020
t:xHIBIT C
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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 9th day of April, 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 request #R 01-001, which has been requested for approximately
7 acres of land including L TS 69 & 70, Pt. ofTR 71 La Porte Outlots, La Porte, Texas, The City of
La Porte is seeking this request based on the newly adopted Comprehensive Plan and Thoroughfare
Plan. The property in question is being considered for rezoning from Neighborhood Commercial
(NC) to High Density Residential (R-3).
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 LA PORTE
Martha Gillett
City Secretary
EXHIBIT D
In accordance
with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Government Code, notice
is hereby given that the La
Porte City Council will con-
duct a public hearing at
6:00 P.M. on the 9th day
of April, 2001. in .the
Council Chambers of the
City Hall, 604 West Fair-
mont Parkway, La Porte,
Texas, the purpose of this
hearing is to consider re- Porte
zo~request #R01-001,
w c has n r~q~e~ted. Harris
for . ately" acra~
of Ian inc ing L T9-:. 3XaS
69&70 t. of 71 La
Porte u Porte,
Tex . of La
Porte is s ng this re-
quest base on the newly
adopted Comprehensive
Plan and Thoroughfare
Plan, The property in
question is being consid-
ered for rezoning from
Neighborhood Commercial
(NC) to High Density Resi-
dential (R-3),
A regular meet-
ing 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,
THE STATE OF TEXAS
~
-A
COUNTY OF HARRIS
CITY OF LA PORTE.
NOTICE OF PUBLIC
HEARING
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
.
.
146
iO
.414
lS 77571
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
lieD
, the undersigned authority, on this date
appeared Karolyn Kellogg, a duly authorized
ltive of The Bayshore Sun, a semi-weekly
r published and generally distributed in the
Porte, Harris County, Texas and who after
sworn, swears the attached notice was
in The Bayshore Sun dated 3/21 /01
~, 1cI, .f-' J~ Qj'rQ.>
U - ....e:?
Karolyn Kellogg
Authorized Representative
subscribed before me this r.J.;2~ day of )-YltVI-C--"'.....
, 2001.
J~~ j. t~.Z)~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHIBIT E ..
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Staff Report
March 15, 2001
Zone CbangeRequest #R 01-001
The Planning and Zoning Commission in their February 15, 2001, meeting directed staff
to assess existing development conditions and future development strategies relating to
commercial and residential land uses and zoning under the guidance of the updated
Comprehensive Plan and Thoroughfare Plan. Section 106-171 of the City's Code of
Ordinances allows the Planning and Zoning Commission to make such a motion. The
.area of interest is in proximity to the airport and pipeline corridor along Spencer
Highway, The following report considers revisions to the Land-Use Plan and zoning
designations in the area.
Back2round
The City's 1984 Comprehensive Plan and Thoroughfare Plan indicated the
need for a north/south arterial roadway east of the La Porte Municipal
Airport, intersecting S.H. 225 and running north/south along the pipeline
corridor to intersect Fairmont Parkway. That road would have been
aligned through a portion of the Spencer Landing'sll;bdivision. The
objective of this roadway :was to maximize mobility within the community
by separating the street system and to distribute local and outside traffic to
major employment and activity centers of the area, This arterial roadway
would have formed two major intersections at Spencer Highway just east
of La Porte Municipal Airport. and Fairmont Parkway east of Driftwood
Drive.
The Thoroughfare system is interrelated with other components of the
Comprehensive Plan including land uses, housing, environment, public
utilities, and recreation and open space, Based on the presumption that the
north-south arterial roadway would have been constructed and intersect
Spencer Highway just east of the airport and pipeline corridor, the 1984
Land Use Plan provided for commercial uses in an area that would have
been a major intersection. Subsequently, Neighborhood Commercial (NC)
zoning was established at the intersection. This designation was
considered compatible with the goals and objectives of the Comprehensive
Plan at that time.
Analvsis
The Updated Comprehensive Plan and Thoroughfare Plan do not include
this north/south arterial roadway within this area, With no intersecting
arterial roadway in the vicinity, commercial land uses and Neighborhood
Commercial (NC) zoning is no longer desirable. Review of the City's
zo~e Change Request #Rt -00 I
March.IS,2001
Page 2 of2
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Land Use Plan indicates that the surrounding area is envisioned as
. medium to high-density residential use, which is an appropriate and
compatible use for the subject area.
The property in question, approximately 7-acre tract ofland is located on
the north side of Spencer Highway adjacent to the Bayshore Baptist
Church, The Neighborhood Commercial zoning designation assigned to
. the tract in question was based on the City's 1984 Comprehensive Plan
and Thoroughf~e Plan,
Land Use Plan is meant to serve as a general guideline in making
decisions about the appropriateness and suitability ofland for future
development. Conformance of a zoning request with the Land Use Plan is
one consideration among several criteria to be considered. Other criteria
may include:
. Zoning and uses of nearby properties;
. Suitability of the property for the uses permissible within the zoning
designation;
. The gain, if any, to the public health, safety, and welfare of the city.
Staffhas studied the existing land uses of nearby properties. There
. already exists a sufficient amount of commerci81 land use along Spencer
Highway, This change would not diminish the opportunity for
commercial' development along Spencer Highway, Use of nearby
properties is predominantly low-density residential (Spencer Landing
Subdivision) and a 20-acre church facility.
Staff, using the updated Comprehensive Plan and Thoroughfare Plan as a
guide, fmds this area suitable for mid to high-density residential. The
current land use and development pattern also conforms to the proposed
change.
Recommendations
Staff recommends modifying the adopted Land-Use Plan to eliminate
Commercial Uses in the area north of Spencer Highway and immediately
east of the Municipal Airport and specifying Mid to High Density .
Residential Uses,
StaffrecoJIllD.ends changing the zoning designation of the previously
described 7-acre tract from NC to R-3.
e La Porte 33, L.L.C. .
450 N. Som Houston Parkway. East. Suite 152
Houston. TX 77060
BD Reolty Advisors. L.L.C,. Manager
Telephone (281) 272-2560
Fax (281) 272-2561
April 5, 2001
Via: Overnight Mail
Airborne Express No. 6443077152
Mayor Norman L. Malone
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
Re: Rezoning Request #R 01-001
Dear Mayor Malone:
This letter is in response to the public hearing for the rezoning request #R 01-001 meeting
scheduled for April 9, 2001.
We are opposed to the rezoning for the following reasons:
· La Porte 33. L.L.C. owns one acre of land out of the seven acres under the rezoning
request. The one acre could not be reasonably developed into the permitted uses under
the R-3 requested zoning. The existing zoning, Neighborhood Commercial (NC), allows for
the highest and best use of the property. A one acre tract of land located on Spencer
Highway (Main Street) is not suited for residential uses and is only suited for commercial
uses as dictated by it's size and location. The R-3 zoning would for all practical purposes,
render this property unusable and unsalable.
· The property was purchased from the City of La Porte in October, 2000, less than 6 months
ago. We bid on the property on August 16, 2000 and the City accepted the bid on August
28, 2000. The existing NC zoning was in place when the property was purchased, and was
a significant material consideration in the sale/purchase price of the property, which the
City knew at the time. The City received from us a significantly higher selling price than
would have been paid if the property had been zoned R-3 at that time. The City's Planning
and Zoning Commission recommendation for the rezoning to the City Council was based
upon the approved Comprehensive Plan. The Comprehensive Plan was adopted by City
Council on January 22, 2001, which was 3 months atter the land was purchased.
· There are numerous other commercial businesses alongl Spencer Highway in the City of La
Porte that are not located at a street corner, so having the City use this as a reason for the
zoning change does not appear valid or consistent with previous and current practices of
the City.
Any actions by the City to rezone this property from the existing NC zoning, would be
construed by us as the City acting and dealing in "bad faith" based on the City selling us the
property less than six months ago and then rezoning it at a direct material loss in value to us
City of La Porte
April 5, 2001
Page Two
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as the City's buyer. If this rezoning continues, we will also consider this action as a taking by
the City and will seek compensation for the loss in value. This is a unique situation and the
City should consider the roll it has played as the seller of this property and those obligations
that may apply,
Please reject this rezoning request.
Respectfully,
La Porte 33, L.L.C.
tJuP.fO/
Brad Dill, President
BD Realty Advisors, L.L.C., Manager
cc: Dennis Albright
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La Porte 33, L.L.(:.
450 N. Sam Houston Parkway. East. Suite 152
Houston: TX n060
SD Realty Advisors. L.L.C.. Manager
Telephone (281) 272-2560
Fox (281) 272-2561
March 12,2001
Via: Fax (281) 471-7168 and R~gular Mail
Mr, Doug Kneupper, P.E.
City ot-La Porte
P,O, Box 1115
La Porte, TX 77572-1115
R~~!
PLANNING
Re: Rezoning Request #R 01-001
Dear Mr. Kneupper:
This letter is in response to the Notice Of Public Hearing for the rezoning request #R 01-001 meeting
scheduled for March 15, 2001, We have enclosed the opposition form sent with the Notice and this
letter shall serve as our written opposition to the proposed Rezoning Request.
We are opposed to the rezoning for the following reasons:
. La Porte 33. L.L.C, owns one acre of land out of the seven acres under the rezoning request. The
one acre' could not be reasonably developed into the permitted uses under the R-3 requested
zoning. The existing zoning, Neighborhood Commercial (NC), allows for the highest and best use
of the property. A one acre tract of land located on Spencer Highway (Main Street) is not suited for
residential uses and is only suited for cQmmercial uses as dictated by it's size and location. The R-
3 ~oning would for ~II pr~cti~1 purposes, render ~is property unusable,.and unsalable.
. The property was purchased from the City of La Porte in. October, 2000, less than 6 months ago.
The existing NC zoning was in place when the property was purchased, and was a significant
material consideration in the sale/purchase price of the property, which the City knew at the time,
The City received from us a significantly higher selling price than would have been paid if the
property had been zoned R-3 at that time.
. There are numerous other commercial businesses along Spencer Highway in the City of La Porte
that are not located at a street corner, so having the City use this as a reason for the zoning change
does not appear valid or consistent with previous and current practices of the City.
Any actions by the City to rezone this property from the existing NC zoning, would be construed by us
as the City acting and dealing in "bad faith" based on the City selling us the property less than six
months ago and then rezoning it at a direct material loss in value to us as the City's buyer. If this'
rezoning continues, we will also consider this action as a taking by the City and will seek compensation
for the loss in value. This is a unique situation and the City should consider the roll it has played as the
seller of this property and those obligations that may apply,
Please reject this rezoning request.
Respectfully,
La Porte 33, L.L.C.
ILPftd
Brad Dill, President
BD Realty Advisors, L.L.C., Manager
Cc: Dennis Albright