O-2008-1501-G6 R08-001 DENIED change zoning classification GC/LL to PUD, 1241 Underwood

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 11. 2008 Requested By: Tim Tietiens C};v cf~ Department: Planninl! Appropriation: Source of Funds: N/A Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance P & Z Staff Report Aerial/Zoning Map Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Commission, during its July 17,2008, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R08-00 1. The applicant, Marcus Deal c/o Shaw Maintenance, Inc., seeks to have the property, described as 21.289 acre tract consisting of lots 367,368,369 and 370, La Porte Outlots, rezoned from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PUD). The property is located at 1241 Underwood Road adjacent to H. B. Zachry north of the intersection of North 'P' Street. The applicant intends to utilize the property for a laydown yard as a component of the company's business operations. The existing facility primarily houses personnel and equipment associated with the maintenance and construction operations in and around Harris County and the Gulf Coast Region. The facility is also involved in miscellaneous shop fabrication of metal products, a majority of which occurs inside the mechanical shop and is not visible to the public. The facility also had exterior storage and work activities within residentially zoned portion of the facility, which is prohibited by the Code of Ordinances. To bring the facility in compliance with the current ordinance, the applicant has removed material and abandoned outside activities within residentially zoned portion. The tract is occupied by a pre-existing non-conforming building! structures, i.e. I-story metal shop and fuel storage in the rear. The front general commercial portion of the facility has operated legally as a nonconforming use. As the previous use of the rear of the facility for storage/exterior fabrication is lost, the applicant is seeking Planned Unit Development (PUD) zone to regain the use for that purpose. A Planned Unit Development (PUD) zone might be considered for a defined transitional period allowing limited industrial use or laydown yard with the eventual implementation of the underlying land use at the end of said transitional period as applied in the Special Conditional Use Permit (SCUP), which will be an enforcement or operating tool in this regard. As required by Ordinance, twelve notices of the public hearing were mailed to property owners within 200' of the subject site. One response (e-mail) was received in this regard. The Planning and Zoning Commission, by unanimous vote, has recommended to Council, approval of Rezone Request #R08-00 1. Action Required bv Council: 1. Conduct public hearing. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request R08-001, rezoning the referenced property from General Commercial (GC) and Large Lot Residential (LL) to Planned nit Development (PUD). Ron Bottoms, City Manager ili~ Date