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REQUEST FOR CITY COUNCIL AGENDA ITEM 2005 Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A Department: Planninl! Report: Resolution: _Ordinance: ~ Exhibits: Ordinance p & Z Staff Report Aerial Map Zoning Map 8",,,, ...I_r . et __..I"".! Imposition of Conditions Letter-C. Askins SUMMARY & RECOMMENDATION City Council, at the May 9,2005, meeting, considered this Rezone Request #R05-003 and tabled it until the next meeting of the full Council. Earlier, Council requested staff and the City Attorney's office to determine if commercial rezoning may be subject to site specific conditions not contrary to the provision of the Texas Zoning Laws as a pre-condition for its approval. Staff researched and found that Texas Local Government Codes prohibit a contract zoning. In addition, there is no precedent of such attachment to a zone change. The applicant's current development proposal is as follows: . Increase parking on west side of the property to double the current size towards the south of the property. . Construct a building to be used for offices and training facility only on the west side of existing building with the front of this building facing the east purposely minimizes any operational noises. . Install natural buffer of landscaping with bush of shrubs for approximately 150 feet from the front of the property line on the west and east of the property as well as across the H Street frontage. Currently, proposed improvement activities (offices, training facility, and parking) are permitted in the General Commercial (GC) zone. In addition, the applicant has submitted a developer's agreement. A thorough site plan review will require strict adherence to the developer's agreement. The Planning and Zoning Commission, at the February 17, 2005, meeting, held a public hearing to rezone the subject tract of 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 an establishment previously operating as a General Commercial permitted facility in 1987. The present zoning designation of R-l was assigned per official zoning map of the City in 1987 as opposed to the 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-l 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-1 to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members. A rove Council A enda CffZ)o;> Dati I