1996-06-10 Public Hearing Regular Meeting

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REO&T FOR CITY COUNCIL AGENDa-EM Agenda Date Requested: June 10. 1996 Requested By: Guv Rankin t~ Department: Planning x Report Resolution x Ordinance Exhibits: 1. Rezoning Ordinance 1501-U 2. Transmittal Letter from Planning and Zoning Commission 3. Application for Zone Change Request 4. Public Notice Replies 5. Staff Report SUMMARY & RECOMMENDATION Summary The Planning & Zoning Commission, at its May 16, 1996, meeting, considered and recommended denial of Rezoning Request #R96-003. This request seeks to rezone the northern twenty feet (20') of Lot 24 and Lots 25-32; Block 64; Town of La Porte; from Low Density Residential (R-1) to General Commercial (GC). The tract in question is located at 201 N. 3rd Street, La Porte, Texas. The applicants, Bryan and David Moore, seek to expand a pre-existing, non-conforming use by building five (5) new mini-warehouses at the described location. City Council may vote to amend the Zoning Ordinance or uphold the Planning and Zoning Commission's recommendation. The Planning and Zoning Commission, by a 3 to 2 vote, has recommended denial of R96-003. Section 11-507 (8) of the Zoning Ordinance states that "The affirmative vote of at least three-fourths (3/4) of the City Council is required to overrule a recommendation of the City Planning and Zoning Commission that a proposed change to the Ordinance or boundary be denied." Therefore, to approve the Rezoning Request, 3/4 of the City Councilor seven (7) votes is required. In acting upon a zone change request, the Planning & Zoning Commission and in turn, City Council, are charged to consider the following factors: . Was the current zoning designation reasonable? . Was any error made in the assignment of the current zoning? . Is the requested designation compatible with the intent and goals of the City's Comprehensive Plan? It is the burden of the applicant to demonstrate whether any of these criteria have been satisfied.