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HomeMy WebLinkAboutO-2001-SCU-01-003 .- Exhibit "F" toemance 1501- ~ rt 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 Skatebo~rd 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 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. Bicycle Park: 9. For the Bicycle Park, oWr.ler 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 e Exhibit"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: tl../ O~OI ~~ SCUP #01-003 Page 2 of2 DRAFT e Exhibit .~o Ordinance 1501- City of La Porte Special Conditional Use Permit # 01-003 This pennit 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 Oraanizations (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 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 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. ~ti(!(!.~l3'~bI =-q:~~-..:F.l'!""'~-~iiii~D~-:::m ,'),~~.ml~~!eP;.. ", ;ff,1I . I'd, .I;ls; . ow !.. i . .wm ,;S l'bit::~Jl~n.l~"+dd - r::.r.:.=. , . ~ a;:~ ti'~rg-~~ ~~ SCUP #01-003 Page lof2 DRAFT e Exhibit ,~o 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: $100.00 ~. L()~~..t2JJ Certified Plans Submitted: I ~ () General Plan ( ) ~ Minor Developement Site Plan ( ) Application No.: 0 I - D 0.3 Date Received: & -~ ~ 0 I Receipt No.: fe,e. WClLl...JecL Major Development Site Plan Preliminary Plat ~~: tJ ~~~.f) ~ 4:!-;-,:.z.:~ 0 /t:H/-.tJ/ 4-~--..;- h. .., . ~~;:?~ ~ 715"'7/ .Phone:J.g'I-4-7/-~1/~ .3-~ '1?~ ~r-:l.'d ~. /.tJ #.tJ / -4 · :1<.5. _-f r/?t ~~. T~ . ) / I R.l5" ~L:K3 ,?~ WT' . f. - I SIC USE CATEGORY: gbb/ Person Making Request: l\'Iailing Address: City IState: BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRlPTION: ZONE: . TYPE OF BUSINESS: h-~-t!J1 DATE Date of P & Z Public Hearing: Date of City Counclll\'Ieeting: Zone: R - I This application is : CLP JOB # OFFICE USE ONI.. Y 7-/9 -() L 9-;0 -0 ,_ , Approved .( ) Permit No. Recommendation:@ or N Approved: Y or N Denied ( ) (If Assigned Yet) Conditions: DATE ~__1_.1 ", ,. "'''YTn. ,,"'''' ^^_ ZONlNG ADl\iIINISTRA TOR PROPERTY MAP DATE 09/04/01 Fairmont Park Baptist Church e ("I.) ~ Cj :: ~ ~ -11II( ("I.) ~ C( e ":~,;.....::~-z~ :ox. :$:: PROPOSED SKATE PARK ......... . '/~"~'" ....:...:.--:.<...: .//" ',~,/:' /" ..-::~..~~;%..~. //'h"U " :0{}~~ "':';<~"~'/' ,~,/.../--%/, :;::X'/:::%' '~';-//i ~~~~~%I I:.-/f/'~~'~';I ~;~'H/, //~::~X; ,~l'~'Y'Z...'//..""-.. .1.1 I I e Bldg Gym! Worship Center I I I I Rizzuto School -.- - - - ~ Future I I I .. Educ. Center ----- Worship I I I I Office ,. ~~ '~>" . ..~:. :.:i: PARKING LOT Chapel ,F a r r - I n g t o n ~ CI'l ~ =**=~ 8::r- I _. 02: 0..... l.H N Belfast Rd. Proposed'Bicycle Park F.airmont Church aptist ~ ,e -- Exhibit 3 to sCUP #01-003 neighbors fence I , , I , I , , I : . : Appoox , .. : 100'.0 , I I , I I I I I , I , I I I I I I I I I I ------___.1 I I i I 0 i I ! I I I ! I , I ii, Iii i ! i I i I ! I i i : , ~ ! i . I . I n Hi : I. I : I ; I ..,.."..,.....1 t, i I i I \ I ~~~~ L \ "I~.ifu.~~WW..ml """""""___.._..---..-,/ ..,'ow. .V>:,.' , ".. ___.-1 Fence ------------------------- . .. . :-,......,..! lIs ~i'.':~ ....:...... I I I I ... (Diagrammatic OJily) N .; >"~ ',':?;::i:'~,;:::'~~>:" Ramp <Modifications to Mitigate Sound . . . .e !. , N~,w Decking to Reduce Noise Level -- .' plywood Sound Deadening Layer , ' plywood Exhibit 4 to sCUP #01-003 Skate Ramp Typical . It Staff Report August 16, 2001 Fairmont Park Baptist Church Special Conditional Use Permit #SCU 01-003 ReQuesf Requested By: Requested For: Present Zonin2: Back2round: 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 corner 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-l) 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 for 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 ofa special conditional use pennit as follows: 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, F'airmont Park Baptist chA SCDOI-003 August 16, 2001 Page 2 of3 e In addition, Chapter 9 of the Comprehensive Plan states, "Neighborh90ds are one of La Porte's greatest assets as they form a foundation for a sound quality of life." The Plan 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 06-334 of the Code of Ordinances. These performance standards, as they apply to this request, may include the fo llowing: 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 ofthe surrounding area. During the July 19th Public Hearing, the Commission heard test~mony 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 Ch. SCUD 1-003 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 Commission are: Apj)rove 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 forwarded to City Council. for final consideration. e e Residential Development Chapter 9 ............................................................................................. .! . . . . . . . . . : . . . . . . . . . . , . . . . . . . .. . . . ...... &InI ~ ...... 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 adjacent properties, FIGURE 9.8 NEIGHBORHOOD PROTECTION STANDARDS La Porte 2020 Comprehensive Plan Update La Porte, Texas . (;::J . I RE:SIDEllTLI.I. ZOHDlC ........ - ;, II .ii . ...""- _ 1"I:IIIIaI!D"""'''''''''' " - IIICMM:D P...... a'ISACI: ~nn MATDW.I a. ..... 1Lft'j,1IGIt ICIDInIIG lIP DaCI ...... - .... IDI ,r- ~.:- I NDHRESUlEllTLl.l. ZOHDlC I "'''-D'IIII. 8VIUIINI Page 9-18 .....,... ....................... ............. . . ........ ... ............ ... La Porte 2020 Comprehensive Plan Update ~ -- - A ~eeting of the La Porte RE1mVED iJ o.OJ . PLANNING Pl11nn;ne- and Zonine' Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special C~nditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearing. I am ir(F A VQg)f gtanting this request for the following reasons: . lYJ~ 1) ~~ I~",-,-A ~.L.., ~ ~..~ I ';.f: ~ ~~-hv ~i:k, ~--~,,:~c>OJ . ~ ~~ ~ ~..RJ.~~~f'''& ",) "j.....,~k 'f$,~.-& ~ ~~ ta:J~.~.illo.. J ~, . I am OPPOSED to gtanting this request for the following reasons: 'J) oloR,.QS Gi I c.~~a.,>.02- , 7f,..OPH/Jlt-5 'J1. G,/cre.lf~ Name (please print) {f:~ ~- /JI~ ~~a~ 10 '/1 S- C/1 r Ib fA.,) )..IJ, Address A/f Io;ele ,7><. 77S-?/ City, Stat~, Zip e e A Meeting of the La ~orte RjC~'~~D ~ PLANNING Pl!;1nnin2' and Zo~ Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to ~onsider Special Conditional Use Permit Request #SCU 01~03 (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: .J:;t::. ~ ~".;., 7, - f- ~ r U-'( ~~ ~.~ " ' /./ ~ 4d~~R:C ~ )l~.,... --'" Ll-- .,A ~: . ..~ t1.~ &~-J'~). "/:G- ~~tf~ ~~ , - · 7 t:2-c-c.., . ~ ..k/,,_, I am OPPOSED to granting this request for the follow:ing reasons: /YJ tlr + I ~ A~;" ~ a r-'cL N=ew~ ~'" - ;t. S1gnature Lp4trJ/ ~<l~-rtg Address cX'-r'~ ~ 'L~$7/ City, State, Zi e e A Meeting of the La Porte Pl~nn;nlt and Zonin2" Commission (fype of Meeting) Scheduled for , Rj~~J'{~D --'llJ-WLL PLANNING July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01-003 ~ype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of grmting this request for the following reasons: ~CJov- Gl.L.th/itiC.S dl"t' ILnA'bve...1 Fr-\-,o~ . l.0.11 h. ~"" o\l.. (I!ll!:!"'''''; ~-=f "'" (J <.< l;l (~e t wI..... \-<Dl!!f "- p ~~<. ren- ~,\ L rt.N' "'" (:j'L-LtL .o~ ~ Lo)11tr1 \,) AJ'1 w r S IJre'YV'.5 I'll i\ . 'tVe~l-\-':"<"rn1pd.d- .01\ IJHfhhOY~ loll: 1\ k /)1111 I~J ~ fltY" OlA.+w.e.11~J +Iu ~~J. I am OPPOSED to granting this request for the following reasons: '1). ruJ e, h a. ~~.~!J Name (please print) Q,,-"-cf1~ Signa . e I D 4 ,1' q C'J3 tL....it Lt n e:. Address k. Po-,..k. T~ /7 S"71 City, State, Zip e e A Meeting of the La Porte ~~n~~D 1 " () PLANNING Pll1nn;ne- and Zonine' CoMmission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01~03 (Type of Request) I have received "notice of the above referenced public hearing. ./,i \,..v V""" 0' ~t!. I am OPPOSED to granting this request for the following reasons: ./.t' ~/~ A')/~u.J ~ ~ Address /~~~-.6 ~ "7/5-7/ City, 'State, Zip e e m PLANNING A Meeting of the La Porte Plann;nf! and Zoninf! Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: -PI? i '.1 ,It {' '/1 f'6 <.$, ; hi Y d ~ '" I\-re. -h /,,,,,,,"l' ;. So / /lJ~{ < e I P, I e IJ d.~d'.I\.\'T r.r-.c.Jto h~~.p +-~ .he> ,1\.\,0)1.1-' fb Jf.rJ 'A--mf.l<J"rn~,Jf- .f~lZ , . _N\. ~ ~ d't ~ J p.,."'2.: 'hJ..,. Name (please print) 7h ,..iLl . jd Sign e ~ J ~ ..:;) (f)A-1! 'fO~ L"..j Address LA- ~~ Tx '7'7.5'71 City, state, Zip ~ tit e RECEIVED .~ PLANNING A Meeting of the La Porte Plgnnine- and Zonin2 Commission (Type ofMeetingJ Scheduled for July 19; 2001 (Date ofMeetingJ to Consider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearirig. I am in FAVOR of gnnting this request for the following reasons: T/l15 /l-1l4fi;IJ.- ~J&($O~ #/0,<2&: /?r:CPe.A77dlf//')~ ,,1U,1Ft+ .R4J Pllfl~4+J,'5 PP.P- rH4J: c.H~IJ,e~# l FAIfII/Me"5 I am OPPOSED to granting this request for the following reasons: ,kt:4#&-l7I J 1/t1~~ Name (please print) ,4#T~" Signature /~~~r~f'rl< () Address "j. A ~,.em rx .'77r7/.L/Alr City, State, Zip .._ . '1- e e ~~ .., A Meeting of the La Porte ~n~Y~7 PLANNING Pl~nn;n2' and Zonin2" 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 grantip.g this request for the following reasons: ~ ~ cs. ) \.~ ~ ~ '\.. ~ <::) 9 ~s.st. ~ ~~~~~~~~~~~~~~ , ) ~ .~ ~,,~ ~ ~h,-~ ~~ ~- ~'-~~o'~~ ~~ ~~'I:I~~~~.~~~ --'..h~~~<-~~"~ ~~~"', ~ ~~~ ~~"'l~~~~')~~~ :=s. 0...".,,,- ~ "-. \)""" ~ ~ ~ \. '\ "l. C) C>... \/........... '-.0...",... ). Name ease print) Address . ~" ~ ~.... \:>~ ~..~ -..-W", ~ __ = J SJFature City, State, Zip ~ ~~~o.~ ~ ~~~~~~, ~~~~~~~~~~~ -- . ..' r ....-. '\. - ^ ~t\ -=-. " .,,, .1, ,Qt\. Cl.~\.,,~~ ~ ~~ ~ ~. .~~ ~~~~~~,~~~~ ~~~ ~~~~~~.~~~<t,. .. ; ~ ,~..a,..:'.,. ..~ \,. ~ ~~" ""- ~"'...... i'. ..::\...., ~C '. \\\0\ ,,\C"\ \ e e A Meeting of the La Porte pl~nnin2" aJid Zonine" Commission (I'ype of Meeting) Scheduled for to Consider !!Jfe'~ED PLANNING July 19; 2001 (Date of Meeting) Special Conditional Use Permit Request #SCU 01~03 ' . (I'ype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of gmnting this request for the following reasons: (,,:3-? /tJ MJ6AA/ )A AI Address ;Z:-~5 1% ~'Z:P/I City, S te, Zip (! 5. j o./-;{/v1AL -f~ I! A '"""''kj~t/-Uv ~ -n~ :a Ad ~ Jv</VrF~_ ~ /IL ^ '/AI, d-- ~d- ~J 4r ~J JJ:[ 1;. e e A Meeting of the La Porte Pl!1nnin2' and Zon..in2' Commission (Type of Meeting) Scheduled for - 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 heanng. . g this reques't for the followin . ( I am OPPOSED to granting this request for the following reasons; ~ ~g~ ~lee<Prin ~ {~'!n? ~ l/A Address ~)Yp~ City, State, Zip e e A Meeting of the La Porte Ptllnnin2" and .zonin2" Commission (Type of Meeting) . Scheduled for to Consider "ffq~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 gxmting this request. for the following reasons: If'-rh,;'r .n~'U"tT'f /6- /;/1 d~ ~hUh"'A 7~ /!oun/vu"" wht'll !h':YAA'~/:?A".,..4~ do" f?/NI -rAt!" )/pqli (/i" t'P'.H~".v"':r APdl,,4d~;6f ~~t9~';1 ~~ .2" #.b//v 7Pu/ /fr~e't"/H"'~ tV~,k r .li/l?aJl A//J,t '!fA'" tf/,"~ d" k'~" r /Xt9fi,,, ,'-;.,,/ 9;Y/H~"Ao-~ f dA./t' /T /~"'At!"~T /}", "i'G"'4r /?) .t:1/Z"I/,i:!, 4- ,A?L" ~n tv,(,&?'#.I'H") ~-r'r"A vh',~ ~~~,:v/.#/._/. I #/H~' /? , , $t'd1Jv~A t?rf~/;. (/A~AI!'~ Q~r f.-?~ "p ,..w7A"~A ~~ f ##1' ~~,( ddr/f'~.p, I am OPPOSED to granting this request for the following reasons: . Wl!'~ "~;'e'r, . 4'd;, e!&//f~A/ r Name (please print) Signature ,/~4IJ/ cf#/lh,W Address .jdA/!~' ~ ?~d-7/ City, Sttte, Zip e e . A Meeting of the ,La Porte ~ PLANN\NG pl!1nnin~ and Zo~ Commission (Type of Meeting) Scheduled for July 19; 2001 (D~te of Meeting) 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 gtanting ~s request for the following reasons: I ~pp~to granting this requ~st for the following reasons:. .' , Jlw ~ YUlA/~'~ .~~ ~<vvahuL *t~~~~A~>tao ~.~~,to ~~~~~'F~~~{~ ~J ~~ ~~~ w.M ~ /U0v tfij-; ~ ~k I>>&..ocUV &...d-~ ~ M~~~..uYz;J~O~~~'~tVU..~ r-R...A~:K.. :/-Cl-e.-L ;., ~"'-I OA k~y-: Lp.",,-e Name (please print) Address ~J f tR..""L. Pd.d-<. ~ I'lSJL Signature ' City, State, Zip 4v '~ antd ~~ ad '~~ ~~ ~;.k(A.~.1 . ~/7JAC~~) ~~uO~a.... ~~aJU(}.J~, ~Vic.Wu~'~ ~.~~~ ,~~ ,?~~jL~ ~ r it ~~ fa-lA, ~U~ -fi:;~ ~~..A jJ~' " , J1~",o~ ~.(ML ~ ~ ~~ 't7 ~~ dA~ J.u.i,CL e~ W.L~ c.3~~ add~ ~ ~ ~ ~~. /k. d~a/Ct:LUrtr! 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A Meeting of the La Porte Scheduled for - PLANNING Plgnn;ne- and Zonine' Commission (Type of Meeting) July 19; 2001 (Date of Meeting) to C~nsider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) . I have received notice of the ~bove referenced public hearing. '~~gmnting this WIuest fu"!>e foIl~ reoso.5' . L/) ." . !r.It~4i ~eU ~ :'-PY' 4nn'1f- Rvlt gtU'C/~ 6t=~~ R~~~r9 7-l~-()/ J II ~ tPL;t;",. Address ~ U?l ??5'?/-~Xlf City, State, 'p e e /0) tY\'? '\ July 13,2001 ~ A Meeting of the La Porte C P.lanning and Zoning Commission ^ ,IJ..; ( Scheduled for (1'\1- July 19, 2001 To Consider I \1J\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 & bicyclers jumping on the metal bars dividing tbe smallest ramp = erratic, inconsistent, sporadic, unexpected, startling, disruptive, disturbing, annoying, irritating, unreasonable, & unnerving 3. PENNX'S SEVERE ALLERGIES/INFECTIONS = 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 PRIV ACY because heights oframps & dirt mounds give view into our backyards on Oaken Lane. (I have lived at 3110 Oaken Lane since January 1979 = 22'i'2 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 home 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 ot: during, night ot: and the day after the ramps are used Un/y e e 2 18. CHURCH'S"'IRRESPONSIBILITY, INSENSITIVITY, & POOR PLA~NING = a. Insufficient funds to buy plywood, insulate ramps p~operly, 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,. i.e. NOT relocating ramps or boarding the open sides of all ramps f. Unreliability 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 2th certified letter of complaints & requests until after Penny spoke to City Council 5-21-01 L 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) .;~k. Untimely agreement to meet with the neighbors at the end of May after school was over when our vacations made a meeting with all of us impossible to coordinate (We had requested a meeting in our April 27th 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) In. Lack of compromise. flexibility. professionalism. & initiative; minimum, delayed~ & slqw 9.tfP.rts to resolve issues ,. n. Disb.ov.Ht>,/~istortion of facts/contradictions/inconsistencies (On June 1,2001, I sent a listof,these to Doug Kneupper, Mayor, City Maq,ager, Assistant. City Manager, and Councilpersons.) o. Not teachine: or role modeline: to their youth the Golden Rule, sensitivity, or the understanding of other 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 11 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 e A Meeting of the La Porte Pl!l1nn;n~ and Zo~ Commission (Type of Meeting) Scheduled for .. to Consider' ~E'VrD IB D PLANNING July 19; 2001 (Date of Meeting) . . Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notic!:= of the above referenced public hearing. I am in FAVOR of gmnting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: . -P1~~e:.-. ~.;a::~d~aN\.~' ~or: i~\:ai'\e1 \r~lN'G.. ~\~~ ~. a~ \}~J(~~-tev ~ \ I ~ \:) Name (please pript~ ~_\~~ ~1~0~)~ Signature ~442- U-t\~tt la~<2- , Address ~ ~';~~~dS f-fSl1- e e 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 back fence line to finish enclosing the project. The proposal is to bring in forty+ (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 create an element of loss. of pri,!acy in the back yards due to the height of the mounds and the very close proximity to these homes. There will be an even more ~evere 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 plans for a "professional" level skate park / ramp facility and it is available to the F airmont Park Baptist Church for their youth ministry. Fairmont Park Baptist Church has several vans availablefor transportation and it is less than a five minute trip to the New Life facility. 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 skatingfor an hour with a half-hour breakfor bible study and then isfollowed 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 half hour bible study break in. I 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, If that 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-emphasize that I do not have any 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. ~~Uie-h 'P~ J-0A-A:-2- btle.*~~e- Lv ~..-- -\:e.- ~ ~ --? ;}!'; -=t-":f-S 7-::1- ~ _ Dill 1:;> L ,-;1 -I --, 'l=? _+_ -r:-_ -, -, r-7 ..., _~ r---r:-. 'f'" tt . " . .' ., u ari- a s I ... J: I FACET ~ 6153A 1 2 4 5 6 7 . 8 9 10 11 12 _. larris ~ 9 :ounty " ~. ~ppraisal District Seel. 1" - 200' ~ PUBLICATION DATE: "uly 14, 2000 N w+. s FACET 6153A - .. 043.148-OO0.()l26 10,0D40AC. .11.4 038-234003-DOI7 8.4980 AC. :; - - ~ ~ Ii ~ 47,1 ; ;1 L:- Ilti 10 ~ lllo ~~ ..... 10 .. 10 to 'ar c. 9 !! , ..~ - .. 2 ~ I - i:i I . ~"' allll" ~I ~g- ~~ .5 Ie 21."_ .- . , e .- , . ORDINANCE NO. 1501- R 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 J ~RDINANCE NO. 1501~ Page 2 e 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, ~ ~RDINANCE NO, 1501~ Page 3 e "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 ,II 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 Compreh~nsive 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 ./ ~RDINANCE NO. 1501~ Page 4 e 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 connection with the recreation~1 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 -" O'RDINANCE NO. 1501!..t Page 5 e 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~Qj 1/r.1U/ MA JHA GILL , City Secretary APPROVED: .-J 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 19th day of 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 Institl;ltions 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 o.._""'!'':':~_- - . "-~~~~:','- ---- .~ . -'~~-:~~!"~}i;~4\~i'f~~~::.:.:~: ........-. '.- ~'''':il :tHESTP\T.J::OFTE~S ..n 0... -:. .I~'" 0 . Fax: 2S1-4~ COUNTY oF. HARAis . ~ J E-mail: baysun I crN OF LA PORTE ~Cr. : Suite 150 P.O. Box 1414 La Porte, Texas 77571 Karolyn Kellogg Authorized Representative NOTICE OF PUBLIC SHEARING ~'; ;', ' . ;:~;~\~, . .;~ .~:," .~:,,~!::' . n...,,,...;,:. if, 1$ <.;'jJ." t:'! ~I:n " acc9Jdanc :',with'.the proyjsions'~of .Sec ildl'l 106-171 of the Cod of Ordinances of the. Cij . ,!f L~\.rorte, ~d th~'-..Pf~4 siljlns ,of,. lh,~,. T~~1!s';'l~ 99vE!.r..nm~~!;'~"pe~0}i~ }If h~,~~by '~I~~~.:!;!~J.~\!1.!lt.~ Porte Planning and. ZOnln Commission will conduct' public hearing at 6':00 p," on the 19th' day of jUh 2001,' in the 'COUnt Chamcers of the City Hal , 604 ,West Fairmnnt Par10 . ,-... r~0ocle 'or . . i[lances,i . 0.. "&;1 , 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 07 -0 1- a I, Sworn and subscribed before me this , 2001. ,;( c; -or I#" day of ~ ~~~~ Sandra E. Bumgarner Notary Public Harris County, Texas EXHIBIT B -; e City of La Porte Established 1892 August 17 I 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 Conc;1itional 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, ~tJ~ Planning and Zoning Commission, Chairperson c: Robert T. Herrera, City Manager John Joems, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission EXHIBIT C 604 W, Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 _J . e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARlNG 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 Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Pennit 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 pennit for the establishment of outdoor recreational activities on Church property, The development of Religious Institutions within an R-I zoning district requires a Conditional Use Pennit 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 LA PORTE Martha Gillett City Secretary EXHIBIT n ~~;-~~~~:(~'-'-'::~ . , Suite 150 P.O. Box 1414 . La Porte, Texas 77571 :.""'~:;;_:~.~, :",:-=-:~;~ Fax: 281-471-5763 E-mail: baysun@swbelJ.net . re Sun 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 publ.ished 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 t)g - ,;2 (. -0/, ~/1.IJj<r< 01 'ff- Karolyn Kellogg Authorized Representative Sworn and subscribed before me this ,2001. ,.2qUt day of ~~ EXHIS.IT E ,J REQ.T FOR CITY COUNCIL Ac;eDA ITEM Appropriation Agenda Date Requested: September 10, 2001 RequESted By: Doug KDeuPpe~ Department: Planning Source of Funds: N/A Account Number Amount Budgeted: Report: _Resolution: _ Ordinance: ~ Amount Requested Exhibits: Ordinance (with SCU Permit) Staff Report to P & Z Budgeted Item: YES NO SUMMARY & RECOMMENDATION Fairmont Park Baptist Church has requested approval of a permit to expand their activities at 10401 Belfast Their existing 6.S-acre site is located within a Low-Density Residential (R-l) zoning district. Religious Organizations, as described by the City's zoning ordinance, are "conditional" in an R-l zoning district and require approval of a Special Conditional Use Pennit by City Council for the construction offacilities and/or establishment of uses, The Planning and Zoning Conunission. during their July 19, 2001 meeting, held a public hearing regarding this request A total of 41 notices were mailed to property owners within 200 feet of the church site and the city received 13 responses: 7 in favor, 6 opposed. The Conunission heard testimony both for and against the issuance of this special conditional use permit and postponed making a recommendation on this item until all infonnation received by the Commission could be reviewed. During their August 16th regular meeting, the Commission, by unanimous vote, recommended Council approval of Special Conditional Use Permit #SCU 01-003 with the following conditions: 1. 2. Outdoor skateboard & bicycle activities shall cease at 8.00 P.M. each day. Landscape buffers shall be created between church property and adjoining residential areas per Section 106-334(a) of the Code of Ordinances, Drainage of the grassed, open area shall be improved and maintained properly. Discarded car & truck tires are to be removed from all outdoor areas. 3, 4. The following documentation contains a draft permit that includes the conditions recommended by P & Z, In addition. the permit has language that further defines some of the conditions recommended by P & Z. This language was developed after a meeting between City staff and representatives from the church. The church wished to discuss in advance a landscaping I buffering plan and move toward an agreed plan that is displayed as Exlubit 2 in the draft permit The church also discussed time frames for completing specific permit conditions. Deadlines or further definitions placed in the draft permit are shaded for Council's consideration. . Council has options to either approve the permit as recommended by P & Z, approve the permit with modifications as Council may require, or deny the permit. ACTION REQUIRED BY COUNCIL Conduct a Public Hearing. Consider a recommendation from the Planning and Zoning Conunission regarding a Special Conditional Use Pennit for Fainnont Park Baptist Church. APPROVED FOR CITY COUNCIL AGENDA GJ~ T. l-t~ Robert T. Herrera, City Manager q. boo \ Date