O-2005-1501-IIII Ord. Tabled at this meeting also.

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REQ.T FOR CITY COUNCIL AGFA ITEM ADPropriation Requested By: Wa ne Source of Funds: N/A Department:Planninl! Account Number: N/A N/A Report: _Resolution: _Ordinance: ~ Amount Budgeted: Exhibits: Amount Requested: N/A Ordinance p & Z Staff Report Aerial Map Zoning Map Developer's Agreement Budgeted Item: N/A SUMMARY & RECOMMENDATION Upon conclusion of the public hearing held on March 28, 2005, regarding Rezone Request #R05-003, Council asked for additional information. StafIprovided the requested information at the April 25, 2005, meeting. Council requested staff and the City Attorney to determine if 'conditions' may be attached to such commercial rezoning, subject to a specific site and not contrary to the provisions of the Texas Zoning Laws. Staff observed the following: . 'Contract zoning' is prohibited by the Texas Local Government Code. . There is no precedent for attaching conditions to a zone change. . Zoning Ordinance does not provide Council with provisions for approving rezoning with conditions. . A condition for approval of a site plan may require strict adherence to a developer's agreement voluntarily submitted by the applicant. The applicant voluntarily submitted a developer's agreement (copy attached). Currently, proposed improvement activities are to construct offices, training facility, and parking on the west side of the existing building. Should a rezone occur that would allow this expansion, subsequent submittals of site plans must conform to the developer's agreement or may be grounds for disaDDroval by ti,e City. Proposed improvement plans will be made available at the time ofthe meeting. In review, the Planning and Zoning Commission, at the February 17, 2005, meeting, be.1d a public hearing to rezone 2.08 acres of land described as TR 239A out of La Porte Outlots, from Low-Density residential (R-I) to General Commercial (GC) to provide for additional office space and parking facilities. The subject property has a commercial establishment previously operating as a General Commercial permitted facility since 1987. The present zoning designation of R-l appears to be inappropriate as assigned per official zoning map of the City when compared with previous zoning map showing the tract as commercial. In addition, the underlying land use would support commercial designation for the subject tract. The proposed rezone seems to be compatible with the zoning and uses of nearby properties. Being in the vicinity of several commercial and industrial establishments along Sens Road, the property in question is suitable for the requested change to GC. Since this is an existing business, the effect of the change from R-t to GC should not have an adverse impact on the adjacent properties. Staff viewed this request as being justified given the company's initial permit and zoning. As required by Ordinance, notices of public hearing were mailed to property owners within 200' of the site. Of the eleven mailed, the City received one response in favor of the rezone request. However, several residents of the area voiced opposition to the rezone request at the P&Z meeting. This opposition centered on the company's nature and use rather than the proposed expansion. The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-003. Action Required bv Council: I. Consider and take action on ordinance to rezone 2.08 acres ofland located at 11820 North "H" Street from R-I to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation would require a :y.. vote or 7 of 9 members. Approved for City Council Ae:enda D~i~asie;tlL S -03-cJ5 Date