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HomeMy WebLinkAboutO-1993-1501-Q . . ORDINANCE NO. 1501-Q AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCELS OF LAND HEREIN DESCRIBED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; 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 on the 15th day of July, 1993, at 7:00 p.m. a Public Hearing was held before the Planning & 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 hereoffor 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 such public hearing, the City of La Porte Planning & Zoning Commission met in regular session on July 15, 1993, 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 July 19, 1993, the original of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. . . Ordinance 1501-Q, Page 2 Section 4. On the 9th day of August, 1993, 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 "D", incorporated by reference herein and made a part hereof for aU 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: A. The 100.6034 acre tract out of the W.P. Harris Survey, Abstract #30 which is more particularly described by meets and bounds on Exhibit F, attached hereto and fully incorporated by reference herein, shall hereafter be R-l Low Density Residential. B. The 6.7526 acre tract out of the W.P. Harris Survey, Abstract #30 which is more particularly described by meets and bounds on Exhibit G, attached and fully incorporated by reference herein, shall be Neighborhood Commercial. . . Ordinance 1501-Q, Page 3 Section 7. The City Council officially finds, determines, recites and declares that a sut1icient 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 Han 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 etTective 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 .9..!f day of ~, 1993 CITY OF LA PORTE Br-~~/= , orma Alone, M yor ATtEST: Br- ~~ Sue Lenes, City Secretary . . i: .:;:i: ~::t: :~'. j: '~Y' f{ f{ '?:z ii ,<( 'i ,f,; \ \ THE STATE OF TEXAS ) COUNTY OF HARRIS ) 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 7:00 P.M. on the 15th day of July, 1993, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to reconsider rezoning request R93-001. This request, submitted by Bayou Forest Property Ltd., the property owner, seeks to rezone a 107.356 acre tract of land out of the W. P. Harris Survey, Abstract IA-30. The tract in question, which is currently zoned PUD (Planned Unit Development) is located at the southeastern corner of the McCabe Road and State Highway 146 intersection. The applicant seeks to have 100.6034 acres of the property rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residential subdivision. The applicant also seeks to have the remaining 6.7526 acres, which are located adjacent to State Highway 146 and McCabe Road intersection, rezoned to Neighborhood Commercial. The Planning and Zoning commission originally considered this request at their May 20, 1993 Public Hearing. At that time, the Commission recommended that the rezoning be denied. The applicant, based on this recommendation, has revised and resubmitted the rezoning request. 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 Sue Lenes City Secretary EXHIBIT A \ :~ :i ~. :~, :;=. I 'i:<:: ........... _.'. I ,;:;:, :S~. '':::: r.'" "::;: . . The ll'/:~i~?>, B ~~":",,,,,'-:~;i."'1:;>"~!M 6".,'i".'.'." a"'<~~i~:'~s~~ .!.;~' "?r-~D'''l:!.'''' re ~"~ ,.~ . . ..;!!:1h...'t':'..... .:. ....~. .w.....~.(}t .... .... 'Voice Of,Tb'~':IJ~y~hore 'Since 1947' ..... ( ~:...tl.. ,. La Pone. Texas 77571 (713) 471-1234 1200 Hwy. 146 Suite 180 P.O. Box 1414 Sun 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-~e~kly newspaper published in La Porte, Harris County, Texas, and ~ho after being duly sworn, says the attached notice was published in The Bayshore Sun of June 30. 1993 I '-':)'..'..; _.( .,;, l. C', (. .:';"';",: i." J Sandra E. Bumgarner Office >[anager Sworn and subscribed before A.D. 19~. --. me thi 5 q day of;/'_~A::_ .' /. I J....t.. . ~~~.r.::!/"/LC'...:"~ / /7. ~~<~t:.J<_r"""'" i':otary Publ ic Harris County, Texas ... . ~ ". "~.;I""C.'7""C' ~ tp-,:; c~_-:,:.....,. EXHIBiT 13 \ . :~ :;E- :€ 'is,, i ';9). ~i: :s-.:' ~I: ::S:" ~. I . Texas. The purpose of this hearing is to reconsider r'lzoning request R93-001. This requesl, submilled by Bayou Forest Properly LId., the property owner, seeks to rezone a 107.356 acre tracl of land oul of the W. P. Harris Survey, Abslract IIA-30. The Irael in question, which is cur- rently zoned PUD (Planned Unil Develo- menl) is localed allhe soulheaslern cor- ner of Ihe McCabe Road and Slale High- way 146 inlerseclion. The applicanl seeks 10 have 100.6034 acres of Ihe property rezoned 10 R-1, Low Density Residential. This is for Ihe purpose of developing a 337 101 residential subdivison. The applicanl also seeks 10 have Ihe remaining 6,7526 acres, which are localed adjacenllo Stale Highway 146 and McCabe Road inlersec- lion, rezoned 10 Neighborhood Commercial, The Planning and Zoning Commission , originally considered Ihis requesl al ils May 20, 1993 Public Hearing, AI Ihal lime, Ihe Commission recommended Ihal Ihe rezoning be denied. The applicanl, based on this recommendation, has revised and resubmilled Ihe rezoning request. PUBLIC NOTICE THE STATE OF TEXAS A regular meeting of the Planning and COUNTY OF HARRIS Zoning Commission will/ollow the public CITY OF LA PORTE hearing for the purpose of acting upon the I Public Hearing items and 10 conducl other NOTICE OF i / mailers perlaining to Ihe Commission. PUBLIC HEARIN "'. ,f) cJ ....., / :J In accordance with the pr w816ns ('. Citi,~,(l~ WiS~~ng 19. address th!i Com- Ordinance 1501, the City of La PorteZo'f ~196f~nplpor ~n~J(ln~ Ihe.Publlc Hear- ing Ordinance, notice is hereby given th~t II1g ~III ~ req rea 10 sign In before the Ihe La Porle Planning and Zoning Com- meeupd' is convened. mission will conduct a public hearing al ' 7:00 P.M. on Ihe 151h day of July, 1993,in CITY OF LA PORTE the Council Chambers of Ihe City Hall, Sue Lenes 604 West Fairmonl Parkway, La Porte, City Secretary EXHIBIT B , . ":'l- .: T......:.-.:. \~-. ,ffl :.~, :. ,. . ~ ...:.-.. ~. . . ,~ ,i .-g". :..,... =' '$:~ :~: .:i>.:i ';s. I":.:";' i ~~ ~Il ~~~ .-.r:: :~:' .,~: . City of La Porte ESCllhlishcd I RlJ 2 ~ TO: Honorable Mayor Norman Malone and City Council FROM: Betty Waters, Chairman La Porte Planning and Zoning Commission RE: Rezoning Request 1293-001 DATE: July 19, 1993 Dear Mayor Malone, The La Porte Planning and Zorung Commission, at its July 15, 1993 Public Hearing and regular meeting, considered Rezoning Request R93-001. This request seeks a rezoning of a 107.356 acre tract of land out of the W.P. Harris Survey, Abstract #30. The property, which is currently zoned PUD, is located south of McCabe Road between Taylor Bayou and State Hwy. 146 The application seeks to have 100.356 acres rezoned to R-l, Low Density Residential. A rezoning to Neighborhood Commercial is requested for the remaining 6.7526 acres. The commission, in reviewing this request has found it to be compatible with the goals of the City's Comprehensive Plan. The La Porte Planning and Zoning Commission has therefore by a unanimous vote of members present, recommended City Council approval of Rezoning Request R93-001. etty Waters, Chair, La Porte Planning & Zoning Commission xc: Planning & Zoning Commission Members Robert Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney EXHIBIT C I'~U;..\ Illi · 1...I'..rh..T"X;I,77i7~.1111 · 1i'III-li'1'1l'2l' . ~. ~1" ;f? ":1." :::.. . '.,l':"' ;;~. :-1. ~):.. ""'." ~:~.: :;",;.' ,~/: ::)} :~r~': \ THE STATE OF TEXAS ) COUNTY OF HARRIS ) 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 city council will conduct a public hearing at 6:00 P.M. on the 9th day of August, 1993, 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 R93-001. This request, submitted by Bayou Forest Property Ltd., the property owner, seeks to rezone a 107.356 acre tract of land out of the W. P. Harris Survey, Abstract IA-30. The tract in question, which is currently zoned PUD (Planned Unit Development) is located at the southeastern corner of the McCabe Road and State Highway l46 intersection. The applicant seeks to have 100.6034 acres of the property rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residential subdivision. The applicant also seeks to have the remaining 6.7526 acres, which are located adjacent to State Highway 146 and McCabe Road intersection, rezoned to Neighborhood Commercial. A regular meeting of City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to Council. citizens wishing to address 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 cit~ Secretary EXHIBIT D . :~:: :~: ~ i: I :i!f ~~/ ~,:' cr.; . \ '.'. .-... TheB La Pone. Texas 77571 (713) 471-1234 1200 Hwy. 146 :Suirc 180 p.b. Box 1414 re Sun 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 July 21, 1993 k....: <-i!....-: - ~ . &.t..-., ", -~, ~/ ',;..< '.',- ; ~ Sandra E. Bumgarner Office Manager Sworn and subscribed before A.D. 19.22.. m~ thi 5 ~O day ol}'L-f.J; . . ~U'~~ .hI. 51~ Notary Public Harris County, Texas 'EXH\Srr E . ....i' I :s;;. I .$" ~- :r.;:.,". i ~'. .;$' ''fJT.' \ PUBLIC NPTICE I', THE STATE OF TEXAS , COUNTY OF HARRIS I CITY OF LA PO~TE NOTICE OF I PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Pone Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing al6:oo P.M. on the 9th day of August, 1993, in the Council Chambers of the City Hall, 604 West Fairmont Park- way, ~ortf'Texas. The purpose of this heacilig t consider rezoning request R93-OO1 Th ' request, submitted by Bay- ou ForestPr perty Ltd"fe property own- er, seeks~o, zonek10 ,356 acre tract of land out 0: the .p. Harris Survey, Abstract ''Y30. e act in question~ which is current~ned PUD (Planned Unit Developm~l) is located at the south- eastern comer of the McCabe Road and I State Highway 146 intersection. The appl- icanl seeks to have 100.6034 aaes of the property rezoned to R-1, Low Density Residential. This is for the purpose of developing a 337 lot residenlial subdlv- sion. The applicanl also seeks to have the remaining 6.7526 acres, which are localed adjacenl to Stale Highway 146 and McCabe Road Intersection, rezoned 10 Neighborhood Commercial. A regular meeting of City Council will follow the Public Hearing for Ihe purpose of acting upon the Public Hearing items and to conducl other matters pertaining to Council. Citizens wishing to address Council ~ro or EXHIBIT "E . con during the Public Hearing will be requried 10 sign in before the meeting is convened. CITY LA PORTE Sue Lenes City SecretaJy . . July 29, 1993 DESCRIPTION OF A 100.6034 ACRE TRACT OUT OF THE W. P. HARRIS \ SURVEY, ABSTRACT NO. 30, HARRIS COUNTY, TEXAS COMMENCING at the intersection of the South right of way line of McCabe Road, 80 foot right of way, with the Easterly right of way line of relocated S.H. 146, variable width; THENCE NSS.35'4511E, along the said South right of way line of McCabe Road, a distance of 21S.55 feet to the place of beginning of the 100.6034 acre tract he~einafter de~cribed; THENCE from said beginning point continuing along the South right of way line of McCabe Road, a distance of 119S.53 feet to a corner in the centerline of Taylor Bayou; THENCE S1"40'1S"E, along the centerline of Taylor Bayou, a distance of 530.76 feet to a corner; THENCE SS9035'4511W, 55.00 feet to a corner; THENCE Sl1049'45"E, 9S.00 feet to a corneL"; THENCE S2S.10'15I1E, 427.02 feet to a corner; THENCE around a curve to the right whose radius is 200 feet. a distance of 139.63 feet to a corner; THENCE S11'49'45"W, 100.00 feet to a corner; THENCE around a curve to the 'left whose radius is 290 feet, a distance of 151.S4 feet to a corner; THENCE S1S-10'15"E, 350.00 feet to a corner; THENCE around a curve to the left whose radius is 300 feet, a distance of 214.6S feet to a corner; THENCE around a curve to the right whose radius is 410 feet. a distance of 107.34 feet to a'corner; THENCE S44010'15"E, 200.00 feet to a corner; THENCE around a curve to the left whose radius is 590 feet, a distance of 167.33 feet to a corner; THENCE around a curve to the right whose radius is 60 feet, a distance of 62.S3 feet to a corner; THENCE SO"2S'!S":,E. 22.94 feet to a corner; THENCE SS9-31'14"W, 1713.70 feet to a corner; THENCE SS9"31'14"W, 1274.S3 feet to a corner in the Eastedy right of way line of S.H. 146; THENCE along said Easterly right of way line around a curve to the right whose radius is 3929.02 feet, a distance of 1180.05 feet to a corner and N22056'5111E, 210.S9 feet to a corner; THENCE NS9-31'14"E, 503.29 feet to a corneL"; THENCE NO-28'46"W, 66S.60 feet to a corner; THENCE N22022'0811E, 271.90 feet to thE: plaCE: of beginning and containing 100.6034 acres, more or less. JAMES W. GARtRELL, JR. GULF COAST ENGINEERING AND SURVEYING EXHIBlT l? 1-190 CONSULTlNO ENOINEEII - SUIIVEyoII P.O. BOX 3" LA MARQUE, TEXAS 775" 409/935-1461 TEXAS CITY 713/4"-6969 HOUSTON . . July 29, 1993 DESCRIPTION OF A 6.7526 ACRE TRACT OF LAND OUT OF THE W. P. MAKRIS SURVEY, ABSTRACT NO. 30, HARRIS COUNTY, TEXAS BEGINNING at the intersection of the South right of way line of McCabe Road, SO foot right of way, with the Easterly right of way line of relocated S.H. 146, variable width; THENCE NSS'35'45"E, along the said South right of way line of McCabe Road, a distance of 21S.55 feet to a corner; THENCE S22"22'08"W, a distance of 271.90 feet to a corner; THENCE SO"28'46"W, a distance of 668.60 feet to a corner; THENCE S89" 31'14"W, a distance of 503.29 feet to a corner in the said Easterly right of way line of relocate:d S.H. 146, variable width; THENCE along the said Easterly right of way line of relocated S.H. 146, variable width, N22.56'51"E, 414.14 feet and N22"22'08"E, 581.24 feet to the place of beginning and containing 6.7526 acres, more or less. EXH1B\'f G 1-189 JAMES W. GARTRELL, JR. GULF COAST ENGINEERING AND SURVEYING CONSUL. TlNO ENOINEER - SURVEYOR '.0. BOX 311 LA MARQUE, TEXAS 77511 4091935.1461 TEXAS CITY 7131411.616' HOUSTON