10-16-2003 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • #R 03-008 . PBcZ 11/20/03 Page 4 of 4 Utilities -Currently, the site has sufficient water and sewer facilities to serve this development. It will be applicant's responsibility. to provide any structures or improvements necessary to accommodate increased demand of water and sanitary sewer for the future development.- Storm water management is also an issue that will be cazefully reviewed with the site development. On-site detention shall be required for the property. Area residents have voiced their concerns about flooding and improper drainage of the facility. Conclusion: Based on the above analysis, staff finds the requested change is not compatible with the present zoning and uses of neazby properties. The change from General Commercial (GC), Medium Density Residential (R 2), and Low-Density Residential (R 1) to Business Industrial (BI) would impact future development within the azea by moving away from the intent of the Comprehensive Plan. From the information provided by the applicant, this request would appear to be based solely on a desire to eliminate the nonconformity and clean up of this facility. Creating a small, isolated Business Industrial zone at this location would run contrary to the intent of the Comprehensive Plan and could well compromise the viability of the remaining undeveloped residential zoned property. Additionally, it should be noted that the present facility has operated legally as a nonconforming use. Denying this request will in no way interfere with this facility's right to continue to operate in this manner in the future. Given these circumstances, staff recommends denying this request and retaining the present zoning currently in place. However, the Commission may select other alternatives to bring this facility and the neighboring facility into compliance with the ordinances. - In reviewing this request the Commission should consider the following: • There was no apparent error in assigning the present zoning designation to the tract in question. • There has been no sufficient degree of change in or azound the area in question to render the present zoning designation inappropriate. Options availableto the Commission aze: • Reconunend to Council approval of this rezoning request. • Recommend to Council denial of this rezoning request. • Recommend approval of a modified version of the zone change.