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HomeMy WebLinkAboutO-2004-1501-WWW scup04-010 not signed e e ORNINANCE NO. 1501- WVJlrV AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 4.00 ACRES LOCATED AT 2619 UNDERWOOD ROAD, BEING LOT 10, BLOCK 2, OF THE W. J. PAYNE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING A MINI-STORAGE AND WAREHOUSING IN A GENERAL COMMERCIAL (GC) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 17th day of June, 2004, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit liB", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on June 17, 2004, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated July 30, 2004, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501- W~ Page 2 e "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 23rd day of August, 2004, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council hereby accepts the recommendations of the La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed from General Commercial to General Commercial wI Special Conditional Use Permit, as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit are as follows, to-wit: Lot 10, Block 2, W. J. Payne Subdivision, La Porte, Harris County, Texas. "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. ORDINANCE NO. 1501- "J\J . Page 3 e "Section 8. The City Council official finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Govemment Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~ day of August, 2004. CITY OF LA PORTE By: ~~~ ALTON PORTER, Mayor ATTEST: By: ~wk riIfI MART A GILLE ,City Secretary omey e e TIlE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of June, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 04-010, which has been requested for 4.00 acres out of Lot 10, Block 2, of the W. 1. Payne Subdivision, La Porte, Harris County, Texas. The property is located at 2619 Underwood Road. The applicants, Lloyd & Linda Duncan, seek approval of a Special Conditional Use Permit for the development of Self StoragelMini- Warehousing. The proposed use is classified as a Conditional Use in a General Commercial (GC) zone as per City's Code of Ordinances. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. :~.BIT A e e !t THE STATE OF TEXAS , COUNTY OF HARRIS trcct '7571 281-471-1234 F3X: 281-471-5763 Cr~,..OF LA PORTE : L])~~EOF P~BLlC ; In a dan: Ith the provisio s of . ction 106- 171 of e Code of Ordi- nances of the City of La Porte, and the provisions of the Texas Local Gov- ernment Code,' notice is hereby given that the La Porte Planning and Zoning , Commission will conduct a public hearing at 6:00 P.M. on the 17th day of June, I 2004 in the Council C Cha';'bers of the City Hall, e .604 West Fairmont Park- , way, La Porte. Texas: Th.e S purpose of this ~eanng I~ ; to consider Specla! Condl- , Iny IV lI"n::r V'vr.........__a...._ B . iigned authority, on this date C; Citizens wishing to ad- ~arolyn Kellogg, a duly authorized , dress the Commission pro h' S . kl r~ or con during the Public -Bays ore un, a semi-wee y n Hearing will be require~ to and generally distributed in the : sign in before the meeting C' is convened. . S CouC1ty, Texas an.d who al I swears the attached notice was P: CI~~~~~~:TE hore Sun dated 0 t:, / tJ:l,/o Lf. I I City Secretary 'Sen'ing The Bayslzore Area Since 1947' .' '. ..... A quorum of City Council members may be present and participate in discus- sions during this meeting, however, no action will be taken by Council. ~A-AaQ~~~Q~_ Karolyn Kellogg Authorized Representative This facility has disability accOmmodations availa- ble. Requests for accom- modations or interpretive services at meetings au Sv should be made 48 h~urs : before me this / /) ,.,./ day of r prior to the meeting. Please contact the City ~ f L Secretary's office at (281) ./~ ~~____ 471-5020 or TOO Une. . (281) 471-5030 for further Sandra E. Bumgarner information. N t P bl' o ary U IC Harris County, Texas ~ ,200'+ ) ':~BIT B e e City of La Porte Established 1892 Honorable Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCU04-0 10 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during a regular meeting on July 15, 2004, held a public hearing to consider Special Conditional Use Permit #SCU 04-010. The applicants, Lloyd and Linda Duncan, seek approval of a Special Conditional Use Permit for the proposed development of self-storage on a 4 acres tract of land located at 2619 Underwood Road. The property is zoned General Commercial. After careful consideration, the Planning and Zoning Commission, by a unanimous vote (5-0), recommends that City Council consider approval of Special Conditional Use Permit with the following conditions: 1. SCUP#04-010 is specifically limited to the mini-storage/warehouse as defined in SIC #4225. 2. Development abutting "R-l" district shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106444(a) of the Ordinance; plus the additional requirements as listed 3. Provide at least 20' wide planting strip of heavy landscaping abutting residential development in the rear. All landscaping and screening shall be maintained by the owner/developer. Current trees adjacent to the residential development are to be maintained. 4. Additional Landscaping should be placed along the entire front and both sides for a depth of at least 100' and at a width of at least 5'. This landscaping should be sight bearing. Landscaping plan to be approved by the City. 5. A masonry wall shall surround the complex. No bay doors shall be facing Underwood. The facility shall have a masonry front fa~ade as indicated in the applicant's renderings. 6. Facility lighting shall be arranged as to reflect the light away from the adjacent residential properties. 7. All outside storage shall be screened from public view. 8. Enhance building fa~de so it blends with the existing commercial to be architecturally and aesthetically similar. 9. Utility extension and maintenance/repair of paved driveway over pipeline easement will be the responsibility of the owner/developer. 10. All non-service transmission pipeline crossings must have the approval of the pipeline company. 11. Ensure that ma..ximum lot coverage does not exceed 40%. 12. Provide on-site detention for the development and design in such a way as to not inhibit nonnal sheet flow of adjacent properties. 13. This permit does not become valid until a formal Minor Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Respectfully submitted, ~~~~OmnUwon 604 W. Paiemont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~XHIBIl C e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 23n1 day of August, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 04-010, which has been requested for 4.00 acres out of Lot 10, Block 2, of the W. 1. Payne Subdivision, La Porte, Harris County, Texas. The property is located at 2619 Underwood Road. The applicants, Lloyd & Linda Duncan, seek approval of a Special Conditional Use Permit for the development of Self StoragelMini-Warehousing. The proposed use is classified as a Conditional Use in a General Commercial (GC) zone as per City's Code of Ordinances. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. .~HIBrr ,) 820 SoutJ La Porle, I Th THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING -~_.--.~ - ~_ ,,""'lliiI'''''''. ----~:--, Condhlonal Use Pennit Request I#SCU 04- 010. which has blie- questecrtv. ".8fhI. uf ot Lot 10, Block 2, the W. J. Payne Subdivision, La Porte, Harris County. Texas. The property Is lo- cated at 2619 Underwood Road. The applicants, Uoyd &. Uncia Duncan. . seek approval of a Special t Condillonal Use Pennlt tor . the development of Self StorageJMini.Warehous. ing. The proposed use is classified as a Conditional Use in a General Commer. cial (GC) 20ne as per CIty's Code of Ordinances. e f 281.471.1234 Fax: 281.471.5763 Sworn and subscribec.' before me this /0"'1.-1 day of a~ ~~. A~~L<--- Sandra E. Bumgarner Notary Public Harris County, Texas A regular meeting of the City Council will follow the public hearing tor Ihe pur. pose of acting upon Ihe public hearing items and to conduct other matters per- taining 10 the Council. .' Citizens wishing to ad- dress lhe Council pro or con during the Public rity on this date Hearing will be required to' '. sign in before the meeting 99, a duly authOrized is convened. un, a semi-weekly Iy distributed in the ~xas and who 3 atlached notice was ated 011 /,,? /04- This facilIty has disability . accommodations availa. bIe. Requests for accom- modations or fntelpretlve services at meeUngs should be made 48 hours - ~ ~ -~ ~ Please contact the City -...". oItics .. (281) ?1 . - - /. ~/ 471005020 or TOD Line tA.-/L,{JA..< (281) 471-5030 for further i.. Information. Karolyn Kellogg Authorized Representative CITY OF LA PORTE Martha Gillett City Secretary ,200L.f- ) -:Ju:uarr E City of La Porte Special Conditional Use Permit # SCU 04-010 e e This pennit is issued to: L10vd and Linda Duncan Owner or Agent 1822 Gaucho Circle. La Porte. TX 77571 Address For Development of: Underwood Self Storaae (Miniwarehousina) Development Name 2619 Underwood Road. La Porte Address Legal Description: Lot 10.Block 2. W. J. Payne Subdivision La Porte. Harris County. Texas. Zoning: General Commercial (GC) , Use: Mini-storaae/Warehousina Pennit Conditions: 1. SCUP#04-01O is specifically limited to the mini-storage/warehouse as defined in SIC #4225. 2. Development abutting "R-l" district s~lI be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance. 3. Provide at least 20' wide planting strip of heavy landscaping abutting residential development in the rear. All landscaping and screening shall be maintained by the owner/developer. Current trees adjacent to the residential development are to be maintained. 4. Additional Landscaping should be placed along the entire front and both sides for a depth of at least 100' and at a width of at least 5'. This landscaping sllould be sight bearing. Landscaping plan to be approved by the City. 5. A masomy wall shall surround the complex. 6. Facility lighting shall be arranged as to reflect the light away from the adjacent residential properties. 7. An outside storage shall be screened from public view. 8. Enhance building fa~de so it blends with the existing commercial to be architecturally and aesthetically pleasing. 9. Utility extension and maintenancelrep~ of paved driveway over pipeline easement will be the responsibility of the owner/developer. 10. All non-service transmission pipeline crossing must have the approval of the pipeline company. 11. Ensure that maximum lot coverage does not exceed 40%. 12. Provide on-site detention for the development and design in such a way as to not inhibit nonnal sheet flow of adjacent properties. 13. This permit does not become valid until a formal Minor Development Site Plan and Plat are submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the tenns of a special conditional use pennit shall void the pennit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is tenninated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the rec;:ommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary Q(HIBIT ~' Staff Report Requested by: Requested for: Location: Zonin2: ProDosed Use: Back2round: Analvsis: e Underwood Self-Storage Special Conditional Use Permit #SCU04-010 July 15, 2004 Lloyd & Linda Duncan A 4.00 tract out oflot 10, block 2, of the W. 1. Payne Subdivision, La Porte, Harris County, Texas. 2619 Underwood Road General Commercial (GC) Mini-storage & warehousing The applicant is proposing a mini-storage/warehousing just north of Underwood Plaza, south of an undeveloped tract with a restaurant, east of Underwood Road, and west of the Creekmont Subdivision and Church property. The ExxonIMobil Pipeline runs diagonally through the whole undeveloped property along Underwood Road. The property is zoned General Commercial (GC). Mini-Storage warehousing (SIC #4225) is classified as a Conditional Use in GC zone. This request was initially heard by the P&Z on April 15, 2004, with a recommendation for Council to disapprove the request. Council subsequently heard the issue and after reviewing new plans for the development, disapproved the request and instructed the applicant to present his new plans to P&Z. The Commission conducted a public hearing and considered the issue on June 15, 2004. Action on the application was tabled pending receipt of the applicant's general plans and renderings. Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217, and all applicable elements of the La Porte Comprehensive Plan 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 "",:n+"...,...^ ..,.,.f:"+.....,.. 1......,.1 ..",,.,, ,.1n,..;~^+;__ SCU04-0lO July 15,2004 Page 2 of 4 e e Land Use - The City's Comprehensive Plan shows this area developing with commercial uses. The existing land uses are primarily commercial (grocery store, restaurants, drug store, beauty shop, insurance company, and other miscellaneous shops). There are single-family residences just east of the proposed project. Certain uses ofland, buildings or structures may not be appropriate under all circumstances in any given zoning district, but may be appropriate and suitable where adequate precautions can be taken to assure compatibility with surrounding uses, public need, and the city as a whole. It is also the intent of the Comprehensive Plan that commercial land uses should be clustered throughout the City and convenient to residential areas. Development of the tract of land in questioned is hampered by the existence of a pipeline easement cutting off the front of this tract and bisecting adjacent tracts. The parameters of this easement allow only access to owned land via a paved driveway. These tracts of land have remained vacant for several years and offer several challenges to traditional commerciaVretail development. If approved, staff recommends a buffer between commercial and residential area to the rear. Transportation - Staff notes that the subject tract abuts on Underwood Road (lOO'ROW), which intersects with Spencer Highway with 100' ROW. The transportation system should adequately accommodate the traffic and existing properties should not be impacted by the proposed development. The existing roads are adequate to support the said project. The proposed development is in conformance with the City's Development Ordinance and the Thoroughfare Plan. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. Existing water is adequate for potable and fire protection needs. A 12" waterline is located on the east side of Underwood Road running north to south. Sanitary sewer is near the south property line at the north edge of the parking lot of adjacent property. An S" sewer line is located on the east side of adjacent property at 2627 Underwood Road in the utility easement running north to south. An easement needs to be retained for the existing utilities to and thru of this property. The owner/developer will be responsible for any paved area over utilities. Ordinance requires on-site detention for this facility and the drainage plan must account for normal sheet flow off adjacent properties. SCU04-010 July 15, 2004 Page 30f4 e e Landscaping / Screening - The property abuts commercial uses along Underwood Road. This is the most public face of the tract. Staff suggests that a substantial portion of the facility's landscaping should be placed on Underwood Road. In addition, heavy landscaping and screening shall be required adjoining residential properties to the rear. The building style coupled with the proposed landscaping and setbacks should result in a facility that is attractive and compatible with surrounding properties. Staff found the request satisfies all applicable Ordinance requirements. The request is not incompatible with the goals and objectives of the Comprehensive Plan. Under certain conditions, the specific use is compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Recommendation: While the Staff initially did not recommend approval ofScU#04-004, based upon additional analysis with the owner/developer the following facts and considerations should be considered: . The shape of the tract, being narrow and deep, coupled with the pipeline easement which allows no construction or paving other than a driveway, presents some difficulty for normal retaiVcommercial development. . The pipeline easement through the remaining tracts offers similar challenges to other commercial development . Changes in the developer's plans enhance compatibility with surrounding developments. One viewpoint is that while the applicant's use may be appropriate, traditional commerciaVretail development is still possible and remains the best possible use of the land and benefit to the City as seen in the surrounding developments. A future PUD may be considered to deal with the unique nature of the pipeline. Currently, the City of La Porte has seven (7) existing facilities offering the same or similar service. A mop of these locations has been provided in your packets. Another opinion is based upon the prolonged vacancy of the tract in question and given the facts presented above, the proposed use is appropriate due to the shape of the associated tract of land and the pipeline easement. Normal retail development would be at a disadvantage. Establishments in the vicinity endorse the application. Based upon occupancy rates of the existing facilities and recent applications for expansions, there appear to be reasonable demands for such service. Staff recognizes the developer is willing to blend this development to be architecturally and aesthetically pleasing. If approved, the Planning and Zoning Commission may recommend Special Conditional Use Permit #SCU04-01O subject to, as a minimum, the following conditions: SCU04-Ol0 July IS, 2004 Page 4 of 4 e e ~ SCUP#04-01O is specifically limited to the mini-storage/warehouse as defined in SIC #4225. ~ Development abutting "R-l" district shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance; plus the additional requirements as listed. ~ Provide at least 20' wide planting strip of heavy landscaping abutting residential development in the rear. All landscaping and screening shall be maintained by the owner/developer. Current trees adjacent to the residential development are to be maintained. ~ Additional Landscaping should be placed along the entire front and both sides for a depth of at least 100' and at a width of at least 5'. This landscaping should be sight bearing. Landscaping plan to be approved by the City. ~ A masonry wall shall surround the complex. No bay doors shall be facing Underwood. The facility shall have a masonry front fa~ade as indicated in the applicant's renderings. ~ Facility lighting shall be arranged as to reflect the light away from the adjacent residential properties. ~ All outside storage shall be screened from public view. ~ Enhance building fayade so that it blends with the existing commercial to be architecturally and aesthetically similar. ~ Utility extension and maintenance/repair of paved driveway over pipeline easement will be the responsibility of the owner/developer. ~ All non-service transmission pipeline crossings must have the approval of the pipeline company. ~ Ensure that maximum lot coverage does not exceed 40%. ~ Provide on-site detention for the development and design in such a way to not inhibit normal sheet flow of adjacent properties. ~ This permit does not become valid until a formal Minor Development Site Plan and Plat are submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. ~ The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Options available to the Commission are: . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. ~.. '( e e '" ... SCU#04-010 e e N.T.S. 9 8 o G::: o o o 5 G::: W o z => , .. Un;ei:erw O0'd , ,$,~;tr;"S~9,rqge LEGEND UNDERWOOD SELF STORAGE \ SCU# 04-010 R-l LOW DENSITY RESIDENTIAL c::::=J GC, GENERAL COMMERCIAL RE.ST FOR CITY COUNCIL A.DA ITEM Agenda Date Requested: AU2Ust 23. 2004 Requ...... By: w..... J. Sabo vi> Department: Plannine Appropriation Source of Funds: N/A N/A N/A Account Number: Report: _Resolution: _Ordinance: X Amount Budgeted: Exhibits: Ordinance P&Z Staff Report Aerial Map Zoning Map Site Plan Amount Requested: N/A SUMMARY & RECOMMENDATION Earlier, the Planning and Zoning Commission, during its June 17, 2004, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU04-010. Action on the permit was tabled pending receipt of the applicant's general plan and rendering. As directed, the developer made a presentation before the Planning and Zoning Commission during their meeting on July15, 2004. The request, submitted by Lloyd and Linda Duncan, seek approval of a Special Conditional Use Permit (SCUP) to build a mini-storage facility on a 4.00 acre tract of land along Underwood Road near Spencer Highway. The property is further described as lot 10, block 2, of the W. 1. Payne Subdivision, La Porte, Harris County Texas. Mini-storage/warehousing within a General Commercial zone is classified as Conditional Use per Ordinances. The property is surrounded by major retail commercial developments and residential in the rear. Due to the nature of the narrowness and depth of the tract, and the parameters of the pipeline easement, in this case, the applicant's land use is appropriate. Another view is that while the use may be appropriate, the land could serve better use and benefit to the City as commercial/retail in line with current development in the area. A unique nature of the pipeline crossing, however, offers challenges to traditional commercial development. The applicant attempted to incorporate previous guidance and is willing to blend this development architecturally and aesthetically with the surrounding properties. Thirteen (13) notices of public hearing were mailed to neighboring property owners. One favorable response was received. The Planning and Zoning Commission, by a unanimous vote (5-0), recommends that City Council consider approval of Special Conditional Use Permit #SCU04-010 with conditions as listed in the draft SCUP. (See attached.) Action ReQuired bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation for approval by P&Z for 4.00 acres ofland located at 2619 Underwood Road. The applicants, Lloyd and Linda Duncan, seek SCUP for developing a mini-storage/warehousing in a General Commercial (GC) zone. ADD roved for City Council A2enda f-/~-o y , Date