01-15-2004 Regular Meeing and Public Hearing of the La Porte Planning and Zoning Commission

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Zone Change #R 04-001 P & Z Feb 19, 2004 Page 3 of 4 Drainage — This property lies within the Taylor Bayou Watershed. There are not sufficient channel improvements to directly receive storm water runoff from this project. Storm water drainage and detention is also an issue that will be carefully reviewed as a project develops. As with other infrastructure issues, it will be the developer's responsibility to provide any stuctures, or improvements necessary to accommodate the storm water accumulation and runoff. Truck Fueling & Drive Through Facility — The submitted application shows a convenience store and a lease space are proposed at this site. After a conversation with the applicant, it is revealed that truck fueling facility and a drive through restaurant are included in the plan The applicant's submitted site plan also shows a drive through facility and truck fueling center to be located to the north and south of the proposed convenience store respectively. However, these proposed uses are listed as a conditional use per Code of Ordinances. The Special Conditional Use Permit (SCUP) shall be applicable and City Council approval will be required in this regards. Conclusion & Recommendations: It is staff s opinion that creating a small isolated commercial zone at this location would run contrary to the intent of the PUD zoning district and could well compromise the viability of the remaining undeveloped Planned Unit Development (PUD) as well as approved General Plan & SCUP. Additionally, there has been no improvements/changes to the tract in question or surrounding area that warrants either a rezoning or an amendment in this regard. Staff recommends denial of the zone change request subject to the following concerns: • There is no reason to change the PUD zoning designation. The justification of PUD zoning assigned appears to be still valid today. • Integrity of Planned Unit Development will be in jeopardy. • The area is earmarked for turn lanes off SH 146 along frontage road at Wharton Weems Blvd. • There is no need of creating another commercial reserve at this location. If it is to be commercial, it should in concert with PUD. • The subject property has been divided by metes and bounds description in violation of the Development Ordinance. • Driveways layout conflicts with SH 146 & need to limit access at Wharton Weems from safety standpoint. • There is a similar use shown at the northeast corner of McCabe Road at SH 146 in the recently approved plan and Special Conditional Use Permit.