08-07-1996 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission

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• • Staff Report Zone Change Request #R96-005 October 17, 1996 Requested for: Trs. 17B; 17D; & 17E; Crescent View, which is further described as being located at 2803 Old Hwy. 146 (S. Broadway), La Porte, Texas. Requested by: James H. Robertson, Owner's Agent Current Zoning: High Density Residential (R-3) Requested Zoning: General Commercial (GC) Background: The tract in question has an existing building, which in the past has served as drinking establishments. In September, 1989, the zoning of the property became R-3, which resulted in the building and use becoming considered "pre-existing, non-conforming". The building and the use continued to operate until 1995. In mid-1995, the electricity and water service was discontinued and the building became vacant. In May, 1996, ~ the City received a request for a zoning permit to open a new drinking establishment. Based on the discontinued utilities and the vacancy of the building, the "pre-existing, non-conforming use" expired and the zoning permit was denied. At this time, only a permitted R-3 use would be allowed to operate at this location. Analysis: The applicant, Mr. Robertson, is seeking a rezoning (GC) of the property to re-open anon-conforming use. (See Exhibit A) Staff, in reviewing the applicant's request, has found some merit to the request. The current Land Use Plan does not show the area to be intended for commercial use, however, the City has been consistent with providing a portion of Neighborhood Commercial (NC) or (GC) along major roads within our city limits. Also, the property or individual tract(s) may be too small to allow development of some R-3 uses. The tract in question does not comply with current commercial regulations concerning landscaping, building setbacks and parking, however, some changes to the property could bring the property closer to compliance. Close proximity to the surrounding residential areas should play a role in the final decision concerning zoning. Staff feels a (GC) designation would provide too broad a range of commercial activity and traffic. A (NC) designation would create an opportunity for the current vacant