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

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REQ.ST FOR CITY COUNCIL ATDA ITEM Agenda Date Requested: April 25. 2005 Appropriation Requested By: Wayne J. Sabo Source of Funds: N/A Department: Planninl! Account Number: N/A Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance p & Z Staff Report Aerial Map Zoning Map Budgeted Item: N/A SUMMARY & RECOMMENDATION City Council, at the March 28, 2005, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R05-003 and tabled it. Council asked the staff to provide additional information. The requested information is as follows: . There was just one chemical release in the company's history since relocated to La Porte in 1987. . Release resulted when a particular chemical and water mixed in error. Since, this product is no longer handled. . Some nearby residents were decontaminated at the hospital as precautionary measures but no contamination or runoff was found. . No records found for shelter in place activities. In fact, the Local Emergency Planning Committee through a Community Warning System Alarms administers Shelter in Place. . The company has a regular BFI pick up dumpster on premises which contains only domestic waste. . A Marine Cargo Inspector collects the samples. Testing of I quart/pint petrochemical and environmental samples are performed in Laboratory. . Test samples are stored at site up to 6 months. Non-hazardous samples are kept in storage for five years. . There are no placard trucks involved in the operation since the transport of samples involves quantities less than DOT requirements for signage on the trucks. . US Customs certified the facility. No OSHA, EPA, or other ag~ncies reported on safety records. . The City's Fire Marshal Office has inspected the facility for proper MSDS on file. Earlier, the Planning and Zoning Commission, at the February 17, 2005, meeting, held a public hearing to rezone the subject tract comprises 2.08 acres of land described as TR 239A out of La Porte Outlots, from Low-Density residential 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 in 1987. The present zoning designation of R-I 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-I to GC should not have an adverse impact on the adjacent properties. Staff viewed this request being justified given the company's initial permit and zoning. As required by Ordinance, eleven notices of public hearing were mailed to property owners within 200' of the site. 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 Reauired bv Council: 1. Consider and take action on ordinance to rezone 2.08 acres of land 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, it would require a % vote or 7 of9 members. f- ;2{)- tJc; Date