2002-08-12 Regular Meeting, Public Hearing and Workshop Meeting

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REQIST FOR CITY COUNCIL A<WDA ITEM Agenda Date Requested: AU2Ust 12, 2002 Requested By: Dou. Kneu..~ Department: Plannin2 Appropriation Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: Ordinance Staff Report to P & Z Vicinity Map Site Plan Amount Requested: N/A SUMMARY & RECOMMENDA nON Mr. Ameen Narsi wants to build a convenience store with automobile and truck fueling on 2.9 acres out of his 5.8 acre tract located along Barbour's Cut Blvd. The property is zoned Business Industrial (BI). According to Section 106 -521, this use is considered conditional and requires a Special Conditional Use Permit (SCUP). On March 21, 2002, Mr. Narsi submitted an application for a Special Conditional Use Permit (SCUP). The application waspresented to the Planning and Zoning Commission on May 16, 2002. Bya 5-0 vote, the Commission forwarded a recommendation to City Council to disapprove #SCU02-001. During the June 10, 2002 meeting, the Council voted to table this item for 30 days. During this time, thedeveloper, Councilmembers, and community leaders attended a meeting to discuss various concerns. During this meeting, three additional conditions were recommended, agreed to by the developer, and incorporated into the SCUP: 1) provisions for 7 truck parking spaces, 2) restrictions on lighting, and 3) a provision for pedestrian access along North l't Street. In addition, the location of the convenience store has been relocated to the east side of the property. A revised site layout was submitted by the developer and has been reviewed by staff The following conditions are recommended by staff and can be changed or modified by Council. 1. The facility shall only operate during daytime hours (6 a.m. to 8 p.m.). 2. The facility shall be operated and maintained proptTly. 3. No overnight facilities are allowed on the premises. 4. Seven space; are allowed for truck parking (new) 5. Lighting is not allowed to illuminate the adjacent neighborhood (new) 6. Pedestrian access is allowed on l't Street (new) 7. Truck traffic is not allowed on 1st Street (new) 8. At least 15% landscaping and screening must be provided along 1st, 3rd, and North "E" streets as a buffer between the neighborhood and the proposed facility. This must be compatible with current landscaping scheme along Barbour's Cut Blvd. 9. No permanent structures are allowed in the City's 60' drainage easement 10. Applicant must submit to the City written approval from Harris County for median break(s) along Barbour's Cut Blvd. 11. Driveway turning radii shall be increased to accommodate trucks. 12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. City Council may affirm the Commission's recommendation to disapprove the SCUP. This would be voting against the proposed ordinance and requires only a simple majority. City Council may overrule the Commission's recommendation and approve the SCUP. This would be voting in favor of the proposed ordinance and requires a minimum o:fSeven affirmative votes (3/4 rule). If approved, the next step for the applicant would be to submit a Minor Development Site Planin accordance with the Oty's Development Ordinance. Action Required by Council: 1. Consider disapproval of Special Conditional Use Permit #SCU02-001. 2. Consider overruling the Commission's recommendation and approve #SCU02-001 with conditions. c/ rf~ Date