HomeMy WebLinkAboutO-1993-1501-Q
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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.
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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.
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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.
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PASSED AND APPROVED this .9..!f day of ~, 1993
CITY OF LA PORTE
Br-~~/=
, orma Alone, M yor
ATtEST:
Br- ~~
Sue Lenes, City Secretary
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of 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
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'Voice Of,Tb'~':IJ~y~hore 'Since 1947'
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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
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Sandra E. Bumgarner
Office >[anager
Sworn and subscribed before
A.D. 19~.
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i':otary Publ ic
Harris County, Texas
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EXHIBiT 13
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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 "'.
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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
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City of La Porte
ESCllhlishcd I RlJ 2
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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
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of 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
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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..-., ", -~, ~/ ',;..< '.',-
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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
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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
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con during the Public Hearing will be
requried 10 sign in before the meeting is
convened.
CITY LA PORTE
Sue Lenes
City SecretaJy
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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
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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