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Home My WebLink AboutO-2004-1501-JJJ Failed . ORDINANCE NO. 1501-_ ~ (). fa ill'/. 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 CHANGING THE ZONING CLASSIFICATION FROM PLANNED UNIT DEVELOPMENT TO GENERAL COMMERCIAL REQUESTED BY MR. JAMES ELMORE ON BEHALF OF THE OWNER OF THIS THREE ACRE TRACT LOCATED AT THE SOUTHEAST CORNER OF WHARTON WEEMS BOULEVARD. AND STATE HIGHWAY 146 HEREIN DESCRIBED; 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 19th day of February 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 "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on February 19, 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 February 20, 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. . . "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 22nd day of March, 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. By an affirmative vote of at least three-fourths of the City Gouncil, the City Council of the City of La Porte hereby rejects the recommendation of the City of 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 reclassified from Planned Unit Development (PUD) to General Commercial (GC)." The description of said parcel of land is as follows, to-wit: "TR A2 (3.0 ac), W. P. Harris Survey, A-30, 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. . e "Section 8, The City Council officially 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 Government 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 March, 2004. CITY OF LA PORTE By: NORMAN MALONE, Mayor ATTEST: By: MARTHA GILLETT, City Secretary . 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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of February, 2004, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Zone Change #R04-001, requested for property located south of Wharton Weems Boulevard and the easterly right-of-way line of State Highway 146 from Planned Unit Development (PUD) to General Commercial (GC). The property is further described as TR A2 (3.00 ac), W. P. Ranis Survey, Abstract 30, La Porte, Ranis County, Texas. The applicant, James Elmore on behalf of Ben F. Weems, seeks to develop a convenience store at this comer. A regular meeting of the Planning and Zoning Commission will follow the public hearing. The Commissi?n will act upon the public hearing items and conduct other matters. Citizens wishing to address the Commission pro or con during the public hearing are 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 sen/ices 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) 471-5030 for further information. ~Irr- ~Li. . .' THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE ~20 SOlllh Slh ~ lreel L:1 Porte, Texas 7757J 28' 'ax: : NOTICE OF PUBLIC HEARING The re In accordance with the provisions of Section 106- 171 of the Code of Ordi- nances of the City of La , ~ Porte and the provisions of : ~ the Texas Local Govern- : ment Code, notice is here- f by given that the La Porte ~ Planning and Zoning Com- mission will conduct a pub- lic hearing at 6:00 P.M. on the 19th day of February, 2004, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The pur- pose of this hearing is to consider Zone Change #R04-001'lZqu ste for property I so h of Whart!1' W s oule- vard d e easte righ - of-wa" e of Sta Hig way 146 from I Unit Developme to General Com r I (GC). The property is fur- ther described as TR A2 (3.00 ac), W, p, Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant, James Elmore on behalf of Ben F, Weems, seeks to develop a convenienc~ store at this comer, City of La Porto Cuullty uf Harris State of Texas Before me, the unde/'3igned authority, on this date came and appeared I ~arolyn Kellogg, a duly authorized repre~ontative of The Bayshore Sun, a semi-INeekly newspaper published and gei1erally dislributed in the City or La Porte, Harr s COUl"!ty, Texas and who nrter being duly swan i, swears the allachecl notice INtiS published in The Bay:,hore Sun dated 0 :L/tJ I /0 '{ I S\-vorn and subscribec Citizens wishing to ad- dress the Commission pro H ' or con during the public before me this /0 -r_ day of 7l-1 tL-...e.-L hearing are required, to , - sign in before the meeting Jl R... ,.( is convened. "~-"~""""""/? I~~O~ 5t1ndrn E. Bumgarner Notary Public Harris County, Texas Karolyn Kellogg Authorized Representative A regular meeting of the Planning and Zoning Com- mission will follow the pub~ Iic hearing. The Commis- sion will act upon the pub- lic hearing items and con- duct other matters. ~'~,--,-Ifo ~~ CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations availa- ble. Requests for accom- modations 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) 471-5030 for further information. , ') ~HU~rr A~ e It City of La Porte Established 1892 February 20,2004 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezone Request #R04-001 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its February 19, 2004, meeting, held a public hearing to consider Rezone Request #R04-001. James Elmore, owner's agent, seeks to rezone approximately 3.00 acres at the southeast corner of Wharton Weems Blvd. and State Highway 146, further described as TR A2, Abstract No. 30, W. P. Harris Survey, La Porte, Harris County, Texas, The applicant seeks to have the property rezoned from Planned Unit Development (PUD) to General Commercial (GC). The purpose of rezoning is to allow development of a convenience store at this site. The Planning and Zoning Commission, by unanimous vote (7 -0), has recommended denial of Rezone Request #R04-001, Respectfully submitted, ~tJ~ Betty T. Waters Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 aH!iJiT C e e TIIE 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 GQvemment Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 22nd day of March, 2004, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, The purpose of this hearing is to consider Zone Change #R04-00 1, requested for property located south of Wharton Weems Boulevard and the easterly right-of-way line of State Highway 146 from Planned Unit Development (PUD) to General Commercial (GC), The property is further described as TR A2 (3,00 ac), W. P. Hanis Survey, Abstract 30, La Porte, Hanis County, Texas, The applicant, James Elmore on behalf of Ben F. Weems, seeks to develop a convenience store at this comer. A regular meeting of the City Council will follow the public hearing. The Council will act upon the public hearing items and conduct other matters. Citizens wishing to address the Council pro or con during the public hearing are 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) 471-5030 for further information. amtS'"' D . . 820 South 8th ~ treet 1.:1 Porle, Texas 77571 The re 'Sen:ing The BayslJore Area Since 1947' City of La Porte CUUllty ur Harris State of Texas Before me, the under:;igned authority, on thi~ date came and appeared I ~arolyn Kellogg, a duly authorized representative of The Bayshoro Sun, a serni-\oveekly newspaper published and geilerally dislributed in the City of La Porte, Harr s COU'lty, Texas nnd who Lifter being duly swan" swears the nllached notice was published in The Bay: ,hare Sun dated 03 / ():; /0 if.. '. ~^ f1~ 1;/ ~ fA~ I<arolyn Kellogg Authorized Representative THE STATE OF TEXAS COUNTY GRt;'i'iR~ 2S 1-' 'ax: 2S CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the "... provisions of Section 1 06- ~ 171 of the Code of Ordi- ' : 1 nances Of~e City of La ! Port pd t PifjOVi ' s of . t dao _ n "8,' eell,. ' ' . b Em tha hf.4porte City Council ill 'conduct a public hearing at 6:00 P.M. on the 22rid day 0' March, 2004, in the Coun- cil Chambers of City Hall, 604 West Fairmont Park- way, La Porte, Texas. The purpose of this hearing Is to consider Zone Change #R04.001, requested for property located south of Wharton Weems Boule- vard and the easteriy'fight- of-way line of State High- way 146 from Planned Unit Development (PUD) to General Commercial (GC). The property is fur~ ther described as TR A2 (3.00 ac), , W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas, The applicant, James Elmore on behalf of Ben F. Weems, seeks to develop a convenience , store at this comer, A regular meeting of the City Council will follow the public hearing. The Coun- cil will act .upon the public hearing items and conduct other matters. Citizens wishing to ad- dress the Council pro or .- /-I '7l, . , con during the public hear- before me thiS / () '- day of / r1 t~-('..-.t_ ___ ing are required to sign in ~ ' L before the meeting is con- ,/ Il I vened, ~~'/G. C:. Oc~- CITY OF LA PORTE Sandra E. Bumgarner Martha Gillett Notary Public City Secretary Harris County, Texas SINorn and subscribet This facility has disabiiity accommodations availa- ble. Requests for accom- modations 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 TOD Line (281) 471-5030 for furth,er information. iltliBIl' ,~ -- e r StatTReport February 19, 2004 Zone Change Request #R 04-001 Reauested by: James Elmore on behalf of Ben F. Weems (owner) Reauested for: TR A2 (3.00 acre), W. P. Harris Survey, A-30, La Porte, Harris County, Texas. Locations: Wharton Weems Blvd. @S.H. 146 Present ZoniDl!: Planned Unit Development (PUD) Reauested Zoninl!: General Commercial (GC) Backl!round: The subject tract comprises of a 3 acres ofland out ofW. p, Harris Survey, A-30, La Porte, Harris County, Texas. The property is located at the southeastern comer of Wharton Weems Boulevard and State Highway 146. The property became part of the City of La Porte in the late 1950s. The present Zoning District Map was adopted on January 26, 1987. As a part of this process, zoning classifications were assigned to the various tracts and subdivisions. The zoning designation assigned to this tract was Planned Unit Development (p.U.D,). Currently, the subject tract is a part of proposed La Porte Golf Course Community, a 150:1:: acres of land located in the W.P. Harris Survey, A-30, Harris County, Texas. The Planning and Zoning Commission at their August 27, 2003 meeting held a public hearing and recommended approval of the General Plan and SCUP. The General Plan and Special Conditional Use Permit was approved by City Council on October 13, 2003, The overall project consists of single-family residentia~ multi-family, and commercial developments. The general plan already shows commercial development at the northeast comer of McCabe Road and State Highway 146. The City was under the belief that the prior submittal was a comprehensive document of all the property owners. Staff was unaware that a 3-acre tract was withheld from the sale. The development in a Planned Unit Development (PUD) zoning district requires that a General Plan and a Special Conditional Use Permit be submitted and processed simultaneously. In addition, the tract of land for which a planned unit development - commercial or industrial project is proposed, shall contain not less than five acres per Code of Ordinances. Here, the project is proposed for 3-acre of land. So, in lieu of special regulations and procedures established for Planned Unit Development, the ,...:;.. }) Zone Cbange #R 04-001 P & Z Feb 19,2004 Page 2 of4 Analvsis: e . applicant is requesting a zone change. However, the proposed development is not in accordance with the spirit of the current PUD zoning district regulations. In considering this request, Staff reviewed the Comprehensive Plan elements as a guideline. The specific issues considered are as follows: Land Use - Review of the approved General Plan and SCUP shows that a ISO-acre tract for proposed La Porte Golf Course Community was envisioned as developing as low-density residential with a small comer for commercial use. Staff evaluated the proposed commercial use for compatibility with the future adjacent residential uses. The General Plan shows, a 1.531 acres (66,706 sq.ft.) commercial tract is already reserved at the northeast comer of McCabe Road and SH. 146. There is no need of creating another commercial tract at this comer. Furthermore, it will be against the requirements of the zoning district regulations. Transportation - The tract gains access using Wharton Weems Boulevard, an arterial with 100' ROW, which provides access to the State Highway 146. The City and TxDOT have worked together to promote two turn lanes off SH 146 frontage road at Wharton Weems Boulevard (letter attached for ready reference). The TxDOT negotiated with the owner to purchase the land for this purpose. But, the owner has been non-responsive to date. There were also discussions to ensure that traffic control devices are placed properly to encourage smooth traffic flow and control speed at this intersection (maps attached). In addition, limited driveways are suggested to minimize impedance of traffic flow along these major thoroughfares. The submitted site plan shows two driveways each along Wharton Weems Blvd. and SH 146. The driveways plan conflict with the SH 146 and need to limit access at Wharton Weems Blvd. from a safety standpoint. Furthermore, it will negatively impact on the local thoroughfare network and aesthetic appearance considerations. Utilities - Staff reviewed existing facilities and services available to the area of proposed development. The water is readily available to the property. A 16" waterline runs north south along easterly right-of-way line of State Highway 146. The fire protection is adequate. However, sanitary sewer is not available to the property. The nearest sanitary sewer service facility is a lift station along McCabe Road near mobile home park. It is approximately 2500 ft. away from the subject property. Per Section 74-3 of the Ordinances, any property located within 200 ft. of an existing sewer system must tie-in with such City sewer system. Whereas, the applicant is proposing a septic tank that could create an unsanitary condition within or across the property. Zone Cbange #R 04-001 P &Z Feb 19,2004 Page 3 of4 . e Drainage - This property lies within the Taylor Bayou Watershed. There are not sufficient channel improvements to directly receive storm water runoff from this project. Storm water drainage and detention is also an issue that will be carefully reviewed as a project develops. As with other infrastructure issues, it will be the developer's responsibility to provide any stJUctw'es, or improvements necessary to accommodate the storm water accumulation and runoff Tl1Ick Fueling & Drive Through Facility - The submitted application shows a convenience store and a lease space are proposed at this site. After a conversation with the applicant, it is revealed that truck fueling facility and a drive through restaurant are included in the plan. The applicant's submitted site plan also shows a drive through facility and truck fueling center to be located to the north and south of the proposed convenience store respectively. However, these proposed uses are listed as a conditional use per Code of Ordinances. The Special Conditional Use Permit (SCUP) shall be applicable and City Council approval will be required in this regards. Conclusion & Recommendations: It is staff's opinion that creating a small isolated commercial zone at this location would run contrary to the intent of the PUD zoning district and could well compromise the viability of the remaining undeveloped Planned Unit Development (PUD) as well as approved General Plan & SCUP. Additionally, there has been no improvements/changes to the tract in question or surrounding area that warrants either a rezoning or an amendment in this regard. Staff recommends denial of the zone change request subject to the following concerns: . There is no reason to change the PUD zoning designation. The justification ofPUD 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 safety standpoint. . There is a similar use shown at the northeast comer of McCabe Road at SH 146 in the recently approved plan and Special Conditional Use Permit. Zone Cbange #R 04-001 P & Z Feb 19, 2004 Page 4 of 4 . . Actions available to the Commission are as follows: . recommend approval of the zone change as requested, . recommend denial of the zone change as requested, and . recommend approval ofa modified version of the zone change. e City of La Porte Established 1892 July 29, 2002 Mr. Ben Weems Attention: Susan Weems P.O. Box 188 Lafayette, Colorado 80026 Re: Property Acquisition: Proposed Turn Lanes SH146 at Wharton Weems Boulevard Dear Mr. Weems: The City and TxDOT have worked together to promote two turn lanes off SH 146 feeder road at Wharton Weems Boulevard. It is my understanding that TxDOT needs to acquire a small parcel of land from you needed to install the northbound turn lane. I also believe that TxDOT has attempted to negotiate a fair price for property needed. Please understand that this project is extremely important to the community from a safety standpoint. I urge you to complete the transaction with TxDOT. Sincerely, John Joems Assistant City Manager JJ/ml 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ",;~'k~N" I" ~f~.,~ e e PLANNING AND ZONING COMMISSION MINUTES Of fEBRUARY 19, 2004 Members Present: Betty Waters, Dottie Kaminski, Ralph Dorsett, Kirby Linscomb, Jr., Nick Barrera, Alternate Members Hal Lawler and Ross Morris Members Absent: Doretta Finch, Paul Berner City Staff Present: Interim Planning Director Nicholas Finan, Planning Coordinator Masood Malik, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting called to order by Chairperson Waters at 6:00 P.M. II. APPROVE MINUTES Of THE JANUARY 15, 2004, REGULAR MEETING & PUBLIC HEARING. Motion by Ralph Dorsett to approve the Minutes of January 15, 2004. Second by Nick Barrera. The motion carried. Ayes: Nays: Abstain: Dorsett, Barrera, Kaminski, Linscomb, Lawler, Morris, and Waters None None III. OPEN PUBLIC HEARING TO CONSIDER REZONE REQUEST #R04-001 fOR 3.00 ACRES Of LAND LOCATED SOUTH Of WHARTON WEEMS BOULEVARD AND EASTERLY RIGHT-Of-WAY LINE Of STATE HIGHWAY 146, fURTHER DESCRIBED AS TRACT A2, ABSTRACT NO. 30, W.P. HARRIS SURVEY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO REZONE A PROPERTY fROM PLANNED UNIT DEVELOPMENT (PUD) TO GENERAL COMMERCIAL (GC) fOR DEVELOPING A CONVENIENCE STORE AT THIS CORNER. Chairperson Waters opened the public hearing at 6:01 P.M. A. STAff PRESENTATION Masood Malik presented staffs report and answered questions from the Commission. The applicant, James Elmore, on behalf of Ben Weems, has requested a zone change to General Commercial for three acres at 2501 State Highway 146 to allow construction of a convenience store. A minimum of five acres is required to develop in a Planned Unit Development zone. City Council previously approved a General Plan and Special Conditional Use Permit for the subject tract as part of the proposed La Porte Golf Course Community. Public notices were mailed to 14 surrounding property owners. The City received one response in favor and one opposed to the request. e e Planning and Zoning Commission Minutes of February 19, 2004 Page 2 Staff recommended denial of the request based on the following reasons: · 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. · A portion of the area is earmarked for turn lanes off SH 146 along frontage road at Wharton Weems Blvd. · There is no need to create another commercial reserve at this location. If commercial, it should be in concert with PUD. · The subject property has been divided by metes and bound description in violation of the Development Ordinance. · Driveway layouts conflict with SH 146 & need to limit access at Wharton Weems from safety standpoint. · A similar use is shown at the northeast corner of McCabe Road at SH 146 in the recently approved plan and Special Conditional Use Permit. B. PROPONENTS The owner's representative, James Elmore, 308 W. Polk, Houston, TX addressed the Commission. Mr. Elmore is a design builder specializing in convenience stores. Mr. Elmore's client would like to develop the site with a convenience store. He noted the developer of the golf course community does not own the subject property. Mr. Elmore has preliminary approval from TXDoT for driveways along SH146 in conjunction with turn lanes. Attempts were made, but unsuccessful, to work out an agreement with Mr. Fogarty for his golf course community project. C. OPPONENTS Fran Strong, 2711 Crescent View Dr., representing the Old Hwy. 146 Committee, read from a prepared statement she provided titled, "Comments on Rezone Request #04-001." In summary, the Committee opposes the rezoning, citing the facility is not needed and downgrades the character of the neighborhood. Alton Porter, 10442 Catlett Lane, provided a written statement to the Commission. He does not oppose the applicant's project, but does oppose the rezoning. Mr. Porter concurs with Mr. Fogarty's letter, which encourages a land trade to switch the location of the convenience store to McCabe Rd. Chairperson Waters asked the Commission to read the letter submitted by Joe Fogarty, of ARETE Real Estate & Development Co., dated February 18, 2004. In the letter, Mr. Fogarty states he has met with the current owners of the property and has offered to make a trade with them to give them in exchange for their three-acre site, a site at the corner of McCabe and Highway 146. IV. CLOSE PUBLIC HEARING. Chairperson Waters closed the public hearing at 6:15 P.M. I l j 4 LEGEND PROPOSED REZONE REQUEST # R-04-001 TRACT A2 ( 3.00 ACRES) W.P. HARRIS ABST.-30 D PROPOSED AREA OF REZONE . . REQUEST FOR CITY COUNCIL AGENDA ITEM 2004 Aoorooriation Exhibits: Ordinance Staff Report to P & Z Minutes of the P&Z Meeting Vicinity Map Site Plan Amount Requested: N/A N/A N/A N/A Requested By: Nick Finan Source of Funds: Department: Plan nine Account Number: Report: _Resolution: _Ordinance: --X.- Amount Budgeted: SUMMARY & RECOMMENDATION Mr. James Elmore, on behalf of the owner Ben F. Weems, wants to build a convenience store with a fueling ~station and drive-through restaurant on 3.0 acres ofland located at the southeastern comer of Wharton Weems Boulevard and State Highway 146. The property is zoned Planned Unit Development (PUD). According to Section 106 -699(b) of the Ordinances, the tract ofland for which a planned unit development project is proposed, shall contain not less than five acres. Here, the said project is proposed for three acres ofland. So, in lieu of special regulations for PUD district, the applicant is requesting a zone change. On January 22, 2004, Mr. Elmore submitted an application for a zone change from Planned Unit Development (PUD) to General Commercial (Ge). The application was presented to the Planning and Zoning Commission on February 19,2004. By a unanimous vote (7-0), the Commission forwarded recommendation to City Council to disapprove zone change request #R04-001. See staff's comments attached and P&Z minutes, both reflect seven (7) items of concerns. City Council may affirm the Commission's recommendation to disapprove the zone change request. 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 zone change request. This would be voting in favor of the proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule). If approved, the next step for the applicant would be to submit a Minor Development Site Plan in accordance with the City's Development Ordinance. Action ReQuired bv Council: 1. Conduct public hearing. 2. Consider disapproval of the zone change request #R04-001. 3. Consider overruling the Commission's recommendation and approve #R04-001. ADDroved for City Council Al!enda Di~~*;;~~ J--/& -0 i- Date