O-2009-3186 SCU09-003; operate consultancy inspection services at 803 McCabe Road

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 28. 2009 Appropriation Requested By: Tim Tietiens Source of Funds: N/A Department: Planninl! Account Number: N/A Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: Ordinance Aerial Map Amount Requested: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its August 20, 2009, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU09-003. The request, submitted by Mr. Hans van Esch, seeks approval of a Special Conditional Use Permit (SCUP) to allow consulting inspection services in an accessory structure (6,000 sq.ft.) detached to a single-family house on 5.89 acres ofland located at 803 McCabe Road. The property is zoned Planned Unit Development. Several years ago, a SCUP was issued to build a house and an oversized garage at this location. The Zoning Board of Adjustment granted a variance for an accessory structure in excess of2,000 sq.ft. permitted for large lots. The accessory structure is located at least 30' behind the primary structure, as required by the Code of Ordinances. A tree line has been preserved for at least 100' from the east & west sides and over 150' from the rear property line, abutting Shady River Subdivision to the south as stated in the previous SCUP. The applicant's business consists of assessing/testing small turbine components. 2/3 of the assessments will be performed at client sites, while 1/3 will be on subject property. The process is noise-free and involves inspection using microscopes. The components are mailed to the applicant's home and assessed in the existing accessory structure by the family. If demand increases, the applicant may bring on one part-time assistant for this home occupation type business. Thirteen (13) notices of public hearing were mailed to neighboring property owners. No response was received from the mailout. The Planning & Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #SCU09-003 with the following conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.