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<br />REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> <br />Agenda Date Requested: AUl!ust 11.2008 <br /> <br />Requ",,'ed By' Tim Tietjeu, /1 A~ <br /> <br />Department: Planninl! ~ <br /> <br />Appropriation <br /> <br />Source of Funds: <br /> <br />N/A <br /> <br />Account Number: <br /> <br />N/A <br /> <br />Report: <br /> <br />Resolution: _Ordinance: ~ <br /> <br />Amount Budgeted: <br /> <br />N/A <br /> <br />Exhibits: <br /> <br />Amount Requested: <br /> <br />N/A <br /> <br />Ordinance <br />p & Z Staff Report <br />Aerial Map <br /> <br />Budgeted Item: <br /> <br />N/A <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />This request is contingent upon approval of a zone change from General Commercial (GC) and Large Lot <br />Residential (LL) to Planned Unit Development (PUD). <br /> <br />The Planning and Zoning Commission, during their July 17, 2008, meeting, held a public hearing to receive citizen comments <br />regarding Rezone Request #R08-001. This request is for the company located at 1241 Underwood Road. The subject tract comprises <br />21.289 acres ofland, described as lots 367, 368, 369, and 370, La Porte Outlots with multiple zoning classifications. Front portion of <br />the facility along Underwood Road is zoned General Commercial (GC) while the rear portion protrudes into Large Lot Residential <br />(LL) zoning district. Land Use Map show identical uses, i.e. commercial on the front and residential in the back. The main access to <br />the property is along Underwood Road, and most abutting property is residential or undeveloped. <br /> <br />A part of the proposal is to request a rezone from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit <br />Development (PUD) for utilizing the entire property to the fullest extent. The portion of the facility located within the present general <br />commercial zone is operating legally as a pre-existing and non-conforming use. However, the pre-existing, non-conforming use <br />registered in the general commercial zone did not authorize use of the residentially zoned portion of the property. In addition, exterior <br />material storage or work activities, which are prohibited in the residential zone, were previously abandoned. A special conditional use <br />permit along with a development site plan for establishing a PUD district will bring the property in substantial compliance with the <br />Code of Ordinances for a transitional period. Special Conditional Use Permit shall allow the City and the developer to be innovative <br />and more effective, consistent with the City's Land Use Map, Comprehensive Plan and compatible with the surrounding properties in <br />the long term. <br /> <br />As required by Ordinance, twelve notices of public hearing were mailed to property owners within 200' radius circle ofthe site. One <br />response received in favor and none opposed to this request. Granting this Special Conditional Use Permit will begin the process of <br />bringing the operation into compliance and long term consistency with the Land Use Plan. <br /> <br />The Planning and Zoning Commission, by a unanimous vote, recommends to City Council approval of Special Conditional Use <br />Permit #SCU08-004 with the conditions listed in the draft SCUP attached herewith. <br /> <br />Action Reauired bv Council: <br /> <br />1. Conduct public hearing. <br /> <br /> <br />on sider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 08-004 for a <br />.289 acre tract of land located at 1241 Underwood Road. <br /> <br />~ 1 <br /> <br />Ron Bottoms, City Manager <br /> <br />Date <br />