09-16-10 Regular Meeting and Public Hearing of La Porte Planning and Zoning Commission

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Staff Report Novemberl8,2010 ReQuested by: ReQuested for: Location: Zonine:: Proposed Use: Backe:round: Analvsis: Beverage Mart Special Conditional Use Permit #SCUI0-00l Shane Laurent 0.732 acre tract out of 3.072 acre commercial Reserve AI, Block 14, Creekmont Section 2, W. M. Jones Survey, A-482, La Porte, Harris County, Texas. 2301 Underwood Road General Commercial (GC) Retail Beverage Mart - a drive through facility Applicant is working towards converting an existing 5,000 sq. ft. metal building to a drive-through retail beverage mart at 2301 Underwood Road. The property is zoned General Commercial (GC). Per Section 106-441, Table A, Commercial Uses of the Code of Ordinances, "drive-in or drive through facilities as an accessory or principle use" is classified as a 'Conditional Use' in GC zoning districts. The reason some uses are conditional in GC zones is that in certain instances the Commission may feel that a use may be appropriate if further conditions are considered on a case-by-case basis. Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan, Development Ordinance, and Code of Ordinances (Chapter 106) as a guide. Considerations were given to the following issues: . Character of the surrounding and adjacent properties; . Existing use of nearby properties, and the extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land uses; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of road network influenced by the use; . Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation.