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

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Zone Change Request #R04-001 Planning and Zoning Col February 19, 2004 0 Location of Proposed Change 2501 State Highway 146 Legal Description of Proposed Zoning 3.0 acres being TR A2, W.P. Harris Survey, A-30 Applicant James Elmore on behalf of Ben F. Weems owner Present Zoning Planned Unit Development(PUD) Requested Zoning General Commercial (GC) Acreage to be Rezoned 3.00 acres Surrounding Zoning North PUD East PUD South PUD West SH 146, PUD Land Use Commercial Activity Proposed Convenience Store Summary: • The applicant is requesting a rezoning of this property from Planned Unit Development (PUD) to General Commercial (GC). • Purpose of zone change is to allow convenience store at this location. • The reason for the zone change is that the applicant cannot meet the minimum project size of five (5) acres in PUD. • The subject property is a part of a General Plan and SCUP earlier approved by City Council for the proposed development of La Porte Golf Course Community. • The approved General Plan proposed single-family dwellings and a commercial reserve at the northeast of McCabe road and SH 146. • The submitted application reveals convenience store and a lease space. While, the site plan shows truck fueling and a drive through facility besides convenience store. The applicant has confirmed these proposed uses. • Truck fueling & drive through facility are conditional use per Code of • Ordinances. TxDOT is in the process of acquiring the western portion of this tract for northbound turn lane along SH 146. But, the owner has been non- responsive to date. • Driveways plan also conflicts with the Commission's recent policy on controlled access and a design of SH 146 for safety reasons. • Rezoning of the property would go against the PUD zone, which the intent was to have a comprehensive view. Recommendation: • The effect of the change may have an adverse impact on the surrounding properties and public infrastiucture. Staff recommends denial of the zone change request subject to the following provisions: • 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 safely 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 Commission's Action: • recommend approval of the zone change as requested, • recommend denial of the zone change as requested, and • recommend approval of a modified version of the zone change. -AHIBIT A.