HomeMy WebLinkAboutO-1994-1501-R
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ORDINANCE NO. 1501-R
AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILI1Y CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CI1Y COUNCIL OF THE CI1Y OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that on the 21st day of April, 1994, 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,
to consider the question and the possible reclassification of the zoning classification of the
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 liB", incorporated by reference herein and made a part hereof for
all purposes.
Section 3. Subsequent to such public hearing, the City of La Porte Planning and
Zoning Commission met in regular session on April 21, 1994, 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 the written recommendations of the City of La Porte Planning
and Zoning Commission, by letter dated May 10, 1994, the original of which letter is
attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for
all purposes.
Page 2 of 3
Ordinance 1501-R
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Section 4. On the 23rd day of May, 1994, at 6:00 p.m., a public hearing was held
before the City Council of the City of La Porte, pursuant to due notice, to consider the
question of the possible re-classification 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. Subsequent to such public hearing, the City Council of the City of La
Porte reviewed the written recommendations of the City of La Porte Planning and Zoning
Commission, and all of the evidence presented before it, and 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 classifications of the hereinafter described parcels of
land, situated within the corporate limits of the City of La Porte, are hereby changed and
the zoning classifications of said parcels of land shall hereafter be as follows to-wit:
The 17.00 acre tract out of the W.P. Harris Survey, Abstract
#3, which is more particularly described by metes and bounds
on Exhibit "F' and graphically on Exhibit "GI', attached hereto
and fully incorporated by reference herein;
Said described tract shall hereafter be zoned Planned Unit Development.
Page 3 of 3
Ordinance lSOl-R
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Section 7. 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, Article
6252-17, Texas Revised Civil Statutes Annotated; 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 8. This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper in the City of La Porte at least
twice within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this 23rd day of May
, 1994.
CITY OF LA POJ9E
By: ~d;- ~
MIUltlUUDK 1M
Deotis Gay, Mayor Pro Tern
A1TEST:
By:
Sue Lenes, City Secretary
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
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CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning and Zoning commission will conduct a public hearing
at 6:00 P.M. on the 21st day of April, 1994, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider rezoning request
R94-001. This request, submitted by Mr. Edward Cooke and Mr.
Edward Dutke on behalf of Forest Holdings, L.L.P, seeks to rezone
a 17 acre tract out of the W.P. Harris Survey, Abstract A-30. The
tract in question is located at the southeastern corner of the
McCabe Road & Highway 146 intersection. . The Zoning designations
presently assigned to the property are N.C. (Neighborhood
Commercial) and R-1, Low Density Residential. The applicants are
seeking a rezoning to P.U.D. (Planned Unit Development) with an
under laying land use of Mid to High Density Residential. The
.9338 acres of land located at the northwestern corner of this
tract is to retain its present N. C. (Neighborhood Commercial)
Zoning.
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
Planning and Zoning Commission.
citizens wishing to address the Commission pro or con during
the Public Hearing will be ;equired to sign in before the meeting
is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary
EXHIBrr A
1200 Hwy. 146
Suite 180
P.O. Box 1414
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La Pone; Texas 77571
(713) 471-1234
TheB--
'.' ..l re Sun
'.:i:'-;:lf..r"~:',:..!'&;J.*, 'y
ItJ,ii&~S;nce 1947'
. i~ #j."'I.ffIIIT""
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County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La~Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of April 06, 1994
~~A_ LO""-
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this ~ day of ~~~
A . D . 1 9'1 if . . 1-
'-- ~ /h. ~~-' .,--
~ Notary Public ~
Harris County, Texas
EXH'B\T B
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.. . NOTICE OF
PUBLIC HEARING
. :t', '
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In accordance with the prOvisions 'of I
. Ordinance 1501, the City of La Porte Zon- I
ing Ordinance, notice is hereby given that
the La Porte Planning and Zoning Com- '
mission will conduct a public hearing at
6:00 P.M; on the 21stdayof April; 1994, in
the Council Chambers of the City Hall,
604 West Fairmont Parkway. La Porte; I
Texas. The purpose of this hearing is to .
consdier rezoning request R94-Q01. This
request, submitted by Mr. Edward Cooke
and Mr. Edward Dutke on behalf of Forest,
HoldinAs. LL.P.. seeks to rezone a 17
' acre tract out of the W.P. Harris Survey,
Abstract A-30. ,The tract in question is
located at the solitheastem comer of the
,McCabe Roa . & Highway 146 intersec- j
tion; . Zo ng'd" ignations prese.~dY.i
assign to pro rty are N.C: (Neigh- I
borho Co . )andR-1, Low Den- ,
slty Resi . applican are.seek-.j
ing a rezoni g t . ~D:' ( nned Unit .
Developmen '.a laying land. I
use of Mid hens R ,ntial.. ,
The . .9338 a of arid t the .
northwestem me of 'is, ct is to '
retain its piesent " (Neighborhood ,:
Commercial).Zoiling.., ,.."
I"; 0" .~r "~.'~, I,; -: ~~.-.
, A regular meeting of the Planning and 'I
Zoning Commission will follow the pUblic !
hearing for the purpose of acting upon the, '
public ~earing items, and to conduct other .
matters. pertaining to the Planning and ':
Zoning Commission. :':' ",:. ' :
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Citizens 'wishlng to address the Commis-
sion pro or !=On during the Public Hearing '.
, will be requ~ to;s,ig,! i~ be~re ltIe,meet~.:
.. ing is' conven~... " ' . ,
" .: ciTY~6F/[krp8FTT€;~:,:\i~~'.;~,:t;':, ':c' .:,'; ;.~~
" S~ Lenes... '" ,::' ,
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PUBLIC NOTICE
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF ~ PORTE ,'~
'. ~ ,:.;,
EXHIBR' B
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City of La Porte
Established 1892
May 10, 1994
Honorable Mayor Norman Malone
City Council
City of La Porte
RE: Rezoning Request R94-001
Dear Mayor Malone,
The Planning & Zoning Commission, at its April 21, 1994 Public Hearing and regular
meeting, considered rezoning request R94-001. This request seeks a rezoning of a 17 acre
tract out of the W.P. Harris Survey, A-3D. The property, which is located at the southeast
corner of the McCabe Road/Highway 146 intersection is in part, zoned R-1, Low Density
Residential. Another portion of the tract is zoned Neighborhood Commercial. The
applicants are requesting a rezoning to P.U.D. with an underlying land use designation of
mid to high density residential. The staff report regarding this request and map exhibits
illustrating property location and configuration are attached and follow this letter.
The Planning & Zoning Commission, based on the facts and considerations presented
during the course of public hearing has, by unanimous vote, recommended City Council
approval of the requested rezoning.
~ctfully s~~
Bet:i~ Chmrman
La Porte Planning & Zoning Commission
xc: Planning & Zoning commission
Robert Herrera, City Manager
John Joerns, Assistant City Manager
Charles Harrington, Director of Planning
John Armstrong, Assistant City Attorney
EXHIBIT C
P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
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CITY OF LA PQRTE )
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NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the city
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.K. on
the 23rd day of May, 1994, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider rezoning request R94-001. This
request, submitted by Mr. Edward Cooke and Mr. Edward Dutke on
behalf of Forest Holdings, L.L.P, seeks to rezone a 17 acre tract
out of the W.P. Harris Survey, Abstract A-30. The tract in
question is located at the southeastern corner of the McCabe Road
& Highway 146 intersection. Th~ Zoning designations presently
assign~d to the proper~y are N.C. (Neighborhood Commercial) and R-
1, Low Density Residential. The applicants are seeking a rezoning
to P.U.D. (Planned Unit Development) with an under laying land use
of Mid to High Density Residential. The. 9338 acres of land
located at the northwestern corner of this tract is to retain its
present N.C. (Neighborhood Commercial) Zoning.
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 City Council.
citizens wishing to address the City Council pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary
EXHIBIT D
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La Porte; Texas 77511
(713) 411-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
The B ~
re SUD
,J.-
County of Harris
State of Texas
Before me, the undersigned authotity, on this ~ate
carne and appeared Sandra E. Bumgarner, duly authorized
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of ~..ay 08, 1994
~
/~~.~~~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before
A.D. 19..2!..
me this It day of ~
~t~ A J.d...',. ·
No ry Public
H a rr...ih~JlJ1...;t~..........~~y.b""'''''''''''''''''''''"''S
~ o~~y "II... FRANCES M. WILLIAMS ~
~ : ~ ~ NOTARY PUBUC, STATE OF TEXAS 8
S ~,]}'{, ~ MY COMMISSION EXPIRES g
~ "1'E'OF'~ MARCH 26, 1998 ~
g........................................... ......................r........................................................J
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EXHIBff E
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EXH'BIT E
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I PUBLIC NOTlqE .
THE STAT~IOF.,:rEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
".
In accordance with the provisions of
Ordinance 1501, the City of La Porte Zon-
ing Ordinance, notice is hereby given that
the La Porte City Council will conduct a
public hearing at 6:00 P.M. on the 23rd
day of May, 1994, in the Council Cham-.
bers of the City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose
of this hearing is to consider rezoning
request R94-00 1. This request, submitted
by Mr. Edward Cooke and Mr. ~dward
Dutke on behalf of Forest ~oldings,
L.L.P., seeks to rezone a 17 acre tract out
of the W.P. Harris Survey, Abstract A-30.
The tract in question is located at the
southeastern comer of the McCabe Road
& Highway 146 intersection. The Zoning
designations presently assigned to the
property are N.C. (Neighborhood Com-
mercial) and R-1, Low Density Residen-
tial. The applicants are seeking' a rezon-
ing to P .U.D. (Planned Unit Development)
with an' under laying land use of Mid, to
High Density. Residential. The .9338
acres of land located at the northwestern
comer of this tract is to retain its present
. N.C. (Neighborhood Commerical)
Zoning.
A regular meeting of the Ciiy Council
will follow the public hearing for the pur-
pose of acting upon the public hearing
items and 10 conduct other matters per-
taining 10 the City Council. .
Citizens wishing to address the. City
Council pro or con during the Public Hear-
. ing will be required to sign in before the
I meeti~g is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary '. . . ..
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March 31, 19~i4
DESCRIPTION OF A 17.00 ACRE TRACT OUT OF A 6.926 ACRE ~RACT AND A
100.430 ACRE TRACT OUT OF THE W. P. HARRIS SURVEY, ABSTRACT NO.
A-30, HARRIS COUrlTY, 'rEUS
CO~ENCINC at the intersection of tho Soulh right of way line of
McCabe Road, 60 foot right of way, and the Easterly right of way
lineJ~of Stalt.: lIighway L46;
THENCE N88035 '4S"E, alonCJ the South right of way line of McCabe
Road, a distance of 21~.S5 feet to the p1aco of beginning of the
17.00 acre tl'act hereinafter described;
THENCE from Raid beginning corner continuing NS8035'4S"E, along the
50uth ri<)ht of W&}' line of McCabe Road, a d It.tance of 543.52 feet
to a point fur corner;
THENCE 51024'15"E, a distance of 842.83 f~et to a point for corner;
THENCE S88~35'45"E, para~1el to the South line of McCabe Road, a
distance of 1137.09 feet to a point for carner in the Easterly
right of way line of State Highway 146;
THENCE along the Easterly right of way lin~ of State Highway No.
146, N22056'51"E 341.27 feet and N22022'OS"E 331.24 feet to a point
for cornel';
THENCE 567037'52"E, /1 distance of 200.06 fep.t t.O a point for
corner;
THENCE 1'12202:;:' OO"E, a distance of 338.10 feet. to the place of
beginninq and containing 17.00 acres. more or less.
exHIBIT 'F
JAMES W. GARTRELL, JR.
GULf COAST ENGINEERING
AND SURVEYING
2-199
CONSUL T1NIIIItIlIItEE~ - Su~'(crD~
',II. 'IIX:l1I LA MAAIJUI. TllfAI 11'"
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P.O.80X 382 LA MARQUE ,TEXAS n568
JAMES W GARTR JR. P."E.,RP.S.ITELEPKONE NUMBERS
- - TEXAS CITY-<<&-93'-Z4U
DATE- REV. HOUSTON-.713- 488-6969