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Home My WebLink AboutO-2005-1501-IIII Passed REQUEST FOR CITY COUNCIL AGENDA ITEM 2005 Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A Department: Planninl! Report: Resolution: _Ordinance: ~ Exhibits: Ordinance p & Z Staff Report Aerial Map Zoning Map 8",,,, ...I_r . et __..I"".! Imposition of Conditions Letter-C. Askins SUMMARY & RECOMMENDATION City Council, at the May 9,2005, meeting, considered this Rezone Request #R05-003 and tabled it until the next meeting of the full Council. Earlier, Council requested staff and the City Attorney's office to determine if commercial rezoning may be subject to site specific conditions not contrary to the provision of the Texas Zoning Laws as a pre-condition for its approval. Staff researched and found that Texas Local Government Codes prohibit a contract zoning. In addition, there is no precedent of such attachment to a zone change. The applicant's current development proposal is as follows: . Increase parking on west side of the property to double the current size towards the south of the property. . Construct a building to be used for offices and training facility only on the west side of existing building with the front of this building facing the east purposely minimizes any operational noises. . Install natural buffer of landscaping with bush of shrubs for approximately 150 feet from the front of the property line on the west and east of the property as well as across the H Street frontage. Currently, proposed improvement activities (offices, training facility, and parking) are permitted in the General Commercial (GC) zone. In addition, the applicant has submitted a developer's agreement. A thorough site plan review will require strict adherence to the developer's agreement. The Planning and Zoning Commission, at the February 17, 2005, meeting, held a public hearing to rezone the subject tract of 2.08 acres of land described as TR 239A out of La Porte Outlots, from Low-Density residential to General Commercial (GC) to provide for additional office space and parking facilities. The subject property has an establishment previously operating as a General Commercial permitted facility in 1987. The present zoning designation of R-l was assigned per official zoning map of the City in 1987 as opposed to the previous zoning map showing the tract as commercial. In addition, the underlying land use would support commercial designation for the subject tract. The proposed rezone seems to be compatible with the zoning and uses of nearby properties. Being in the vicinity of several commercial and industrial establishments along Sens Road, the property in question is suitable for the requested change to GC. Since this is an existing business, the effect of the change from R-l to GC should not have an adverse impact on the adjacent properties. Staff viewed this request being justified given the company's initial permit and zoning. As required by Ordinance, eleven notices of public hearing were mailed to property owners within 200' of the site. The City received one response in favor of the rezone request. However, several residents of the area voiced opposition to the rezone request at the P&Z meeting. This opposition centered on the company's nature and use rather than the proposed expansion. The Planning and Zoning Commission, by a vote (4-3) recommends to City Council denial of Rezone Request #R05-003. Action Reauired bv Council: 1. Consider and take action on ordinance to rezone 2.08 acres of land located at 11820 North "H" Street from R-1 to GC as requested by the applicant. The Planning and Zoning Commission recommended denial. To overturn recommendation, it would require a % vote or 7 of 9 members. A rove Council A enda CffZ)o;> Dati I ORDINANCE NO. 1501-1/1/ 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 LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL REQUESTED BY THE CHEM COAST, INC. LOCATED AT 11820 NORTH H STREET, NEAR SENS ROAD, 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 1 ih day of February 2005, 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 17, 2005, 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 28, 2005, 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-lllL Page 2 "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 28th day of March, 2005, 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 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 Low-Density Residential (R-1) to General Commercial (GC). The description of said parcels of land is as follows, to-wit: "TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, 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- { I II Page 3 "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 J/1J1.-- day Of~, 2005. CITY OF LA PORTE By ~L17~ ALTON PORTER, Mayor THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Goveinment 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 February, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chern Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-1) to General Commercial (GC). A regular meeting of the Planning and Zoning Commission will follow the public hearing to act 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 are 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 City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ;;:lj#t,..~~~:~-~r A' -- ...~~ ~/~~~ "': . . rHE.STATe OFT~S'.. ;.~':'.~,.\ .:'~ ',~~"...., :~_ :_"t___~.=':_,':\ ~'~'\.' .. 'CoUNTY CWHARRIS ........0,-;_ .".. '.' ::; 'h., .:.: .._ . . ~..~:. -':.: -' ,':. ~. .-,: :. . . . C1fY'pf0..pD.R}E :... . -.' ...:-::~. -.. reel 77571 281-471-1234 Fax: 281-471-5763 the undersigned authority, on this date' peared Karolyn Kellogg, a duly authorized ive of The Bayshore Sun, a semi-weekly ublished and generally distributed in the Porte, Harris County, Texas and who after sworn, swears the attached not/je ~s n The Bayshore Sun dated ,0 I 30 oS- , . ' '. , , ., Sworn and subscribed before me this 11 ~JL day of '7Y1~ ., 2005. ,~1, ~ Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 J .....fH. !~lPiil'"' L). .jM J~~. .,[) City of La Porte Established 1892 February 28, 2005 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-003 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its February 17, 2005, meeting, held a public hearing to consider Rezone Request #R05-003. The property, a.k.a. Chern Coast Inc., is located at 11820 North 'H' Street. It is further described as TR 239A being a 2.08 acre tract of land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Low-Density Residential (R-l) to General Commercial (GC). The purpose of rezone request is to provide for additional office space and parking facilities. The Planning and Zoning Commission, by a (4-3) vote, has recommended denial of Rezone Request #R05-003. Rlrh~ Pat Muston Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 r~q; i, 1 ~,"'t ~ .. ',~~I;j:;~ ' v. THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances, 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 28th day of March, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R05-003, for the property located at 11820 North H Street. The property is further described as TR 239A being a 2.08 acre tract ofland out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed Records of Harris County, Texas, in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Richard Detwiler c/o Chem Coast, Inc., seeks to have this property rezoned from Low-Density Residential (R-1) to General Commercial (GC). A regular meeting of the City Council will follow the public hearing to act 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 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 City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for fUrther iiiformation. . .,1.~~ ;. r ~"'" f"'"'. D ~:1".;J,,;m.:H ~ j THE STATE OF TEXAS COUNT~ OF ft1\'f{RI~ CITY OF LA PORTE :ct NonCE OF PUBLIC 7571 HEARING 281-471-1234 Fax: 281-471-5763 In acx;ordance with the S provisions in Section 106- 171 of the City of. La Porte's Code of Ordinian- ces,~~_d' re . un the Texas Local Govem- ; men! cOde. no1i'c.e is here- \ by given that the La Porte <;:ity Council will 9Qf1r;tuct ~ public hearing at 6;09 ,p~. , ' 011 the 28th day of M.BrOO~ 2005. in the ,'" COuncil Chambers of CitY Hall, 604 . West .FailmOn~,~ r!<waY. La P Taxa .. pur- ~.o"" kto c6rlSi' :-"eSt #R "';'. . Iocit~.. ..' \ trr1s ~t~~ 2:a ~ !::;.~.a:'~~ las . kyld out of ,OutJgt 2a~ In . . . the laPorte'oiitlofi:F.re- he unders1gned authorlty, on thlS date I cOrde{f!nVoll.iljle6i;"pag~1 eared Karolyn Kellogg, a duly authorized 374 of tOO Deed Records' . , . ofHai1iSbOOntY"~ "'.':, ve of The Bayshore Sun, a s~ml-weekly the!:nqcbBri~'~~:" blished and generally distributed in the ~S!faCtCci. ..fi~ ~~~rte.t'ar... orte, ,Harris County, Texas and who after , ns unty. 'Texas. " R"1- th tt h d t . . cha:~ 'OetWiler'cfo'CI1em' worn, swears . e a ac e no J.ce was Coast:'lnC:s~ekS'to'I'iaVe'" The Bayshore Sun dated 03 1/3 /0.5' this property rezoned from \ . ' low-Densl1y ReSldentiaJ " (A-1) to General Commer- " cia! (GC). ' .' . ( " -" A regular meeting of' the City COullCil will follow 'the' , ptiblic"hearingto act uwn the public hearing Items and to conduct other, mal- ters pE$ining to the Council. .. ,..', .. , Citizet!~.: wishing to ad- dr~th~ Cl',lunciJ pro :~r con during the public h!'l!3r- , in9 are reqUir9d~t9 sigti in ~ befOre the. meeting is con- .. ,n~:. .... .", umgarner ic ty, Te~as .lbscribed before me this , 2005. /7 -0-' day of ~ CITY. OF LA PORTE . Martha Gillett ' , citY Secretary ~n Expires April 30, 2006 " .This !act7ity has disability , ,.8ccommodatiOll$ , avaHa.. ,.' ble.: ReqUeStS' for, accb~ " modafi.ons ot interp(etive ,. seMces: at;'. meetings should tie made '48 hoUrS prior to !he meetirig. . Please contact City ~ecre- taty's office at (?81) 471- t 5020 or TflD Una (281) 471--5030 for furthfJr infor- mation. ' . , .2J Staff Report February 17,2005 Zone Change Request #R 05-003 Requested for: A 2.08 acres of land described as TR 239A out of La Porte Outlots, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Locations: 11820 North 'H' Street Present Zonin2:: Low-Density Residential, R-l Requested Zonin2:: General Commercial, GC Baclmround: . The property in question is located along North Avenue H near Sens Road in Lomax area . At the time of consolidation of Lomax area into the City, the property in question was assigned a zoning classification of R-l Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. . During the zoning map review of 1981 (hand drawn color map), staff found the subject property was zoned Commercial. . Chem Coast, Inc. was founded in 1981. The business began in Galena Park. By 1987, the company moved to a new facility in La Porte. As per HCAD record, the facility was built in 1986. . On January 26, 1987, as part of the comprehensive rezoning of La Porte (Ordinance 1501), the subject property shows zoning as Low-Density Residential (R-l). . Under Ordinance 780, there were no functional differences between various types of commercial zoning designations. Under Ordinance 1501, there are definite differences between Neighborhood and General Commercial zones. . In 1992, the City switched to a computer based format for our zoning map. Zoning map amendments are shown on this computer generated map. . The subject property has commercial establishments operating under the current zoning ordinance 1501 (Chapter 106). Zone Change #R 05-003 February 17, 2005 Page 2 of 4 Analvsis: . The purpose of rezone request is to provide for additional office space and parking facilities. During 1991 zoning ordinance review, there were two Neighborhood Commercial (NC) zones located along the west side of 26th Street (Sens Road). These zones occupy an area located between North 'H' Street and northern boundary of the Pine Grove Valley Subdivision. The Pecart Villa Mobile Home Park separates the two NC zones (Exhibit). The Commission proposed rezoning of this area from NC to General Commercial (GC). The legal description of the tracts being considered was La Porte Outlots 241,261, 280, TR 260A out of Outlot 260. This rezoning was proposed in response to the concern that neighborhood commercial is not the most viable zoning designation for these tracts. Chem Coast, Inc. is a full service Inspection Company, independent analytical testing lab serving the Port of Houston and Gulf Coast areas since 1981. The company offers variety of services, e.g. field services, analytical services, and customer service. Field Services consist of management, dispatch, and the marine inspectors groups. Antilytical Services offer state of the art facilities and instrumentation to perform a wide variety of chemical analysis. The company utilizes standard methods and client supplied methodologies in the testing of sampling. Customer Service provides the vital support necessary for the coordination of all field and laboratory operations. . The Chem Coast also provides additional services, e.g. writing of procedures and participates in consultation with terminal personnel both domestic and international. The property described above is located to the south of North H Street at approx. 300 ft. west of Sens Road. The City has purchased adjoining 1.835 acre tract out of Outlot 240 for future Fire Station No.3 along Sens Road. The remaining part of Outlot 240 (0.69 ac.) is owned by Chem Coast. The area in which the subject tract is located is one that, based on the criteria established by the City's Comprehensive Plan, is suitable for the requested General Commercial (GC) zone. The request appears to be compatible with the surrounding uses. Conformance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered for approving the zone change request. Other criteria may include: . Zoning and uses of nearby properties; . Character of the surrounding and adjacent areas; Zone Change #R 05-003 February 17,2005 Page 3 of 4 Conclusion: . Suitability of the property for the uses permissible within the zoning designation; . Extent to which approval of the application would detrimentally affect of substantially hann the value of nearby properties; . Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, . The gain, if any, to the public health, safety, and welfare of the City. Land Use -- Review of the City's Land Use Plan shows the subject tract is envisioned as developing for commercial uses. Current development is considered to be commercial in nature. In addition, nearby properties along Sens Road are commercial/industrial. The proposed rezone seems to be compatible in making current development "more conforming" with the ordinances. Transportation - The tract in question gains access along North H Street with 60' public right-of-way will accommodate the additional traffic generated by the proposed development. Utilities -Utilities are in place to support the proposed development. No additional utilities will be needed for this project. Storm water drainage will be reviewed carefully with the development plan submittal for the proposed project. The tract in question is suitable for the requested change. There are General Commercial zone properties in the close proximity to this tract. The development within the subject tracts should not have any adverse impact on the surrounding area A change from Low-Density Residential to General Commercial should not negatively impact the surrounding properties and should not hann the value of the nearby properties. The overall impact on public services will be minimal. Moreover, the change would not adversely impact the public health, safety, and welfare of the City. When considering a rezoning, the Planning and Zoning Commission is charged to base its determination on certain criteria and conditions. A tract of property may be considered for rezoning if it is determined that: . The present zoning designation was assigned as a result of error, or; . The present zoning designation was inappropriate at the time it was assigned, or; Zone Change #R 05-003 February 17,2005 Page 4 of 4 Recommendations . There has been a $ufficient degree of change in or around the area in question to render the present zoning designation inappropriate. Based on the siting criteria above, the tract in question is suited for General Commercial designation. Additionally, the underlying land use would support commercial designation for the subject tract. It, therefore, appears that the R -1 zoning assigned to the property in 1987 is inappropriate and an error was made in assigning zoning classification. Granting the requested change would not be contrary to the goals and objectives of the Comprehensive Plan. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from R-1 toGC. . Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from R-1 to Ge. . Recommend to Council denial of this rezoning request from R-1 to Ge. . Table this item for further consideration by the Commission. FROM THE DESK OF.__" ~ l'--J J /~~ Clark T. Askins. J.D.'-': ~~I tf? bar!.. d / rfr / O,r/I- ~ r t:.-4]tJ It r f-o C6Jue ~,' / #t~1 r DvOr4 ( J. :JOerur- ~~t.., / / / i ~ ~;;;~~~) -j ij ~l ~r I cAtU"K. B Ct Jc - up 'io ~ ~/l)l =1:t q .~ J (j;-j~ 1 R~ord.r Item 'PP180, Printed in U.S.A. ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 lA PORTE, TEXAS 77572-1216 KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS TELEPHONE 281 471-188S TElECOPIER 281 471-2047 E-MAil: kwaskins@aol.com iohn-a@swbell.net ctaskins@swbell.net May 9,2005 Mayor and City Council City Hall City of La Porte RE: Imposition of conditions on rezone of ChemQuest property Dear Mayor and Council: You have asked our office to render a legal opinion on whether it would be permissible for the city to grant a zoning classification change request to ChemQuest, from R-2 Residential to General Commercial, subject to specified conditions or covenants relating to the use of the property. Under the La Porte Zoning Ordinance (Chapter 106 of the City Code), there is no provision for the attachment of conditions or covenants to rezone requests. Rather, each zoning classification carries with it specifically enumerated uses, including permitted uses, conditional uses, and accessory uses, all of which relate exclusively to that particular zoning classification. The sections establishing these uses do not allow for the placement of extra conditions by the Zoning Commission or City Council, as part of the zone change request. The theory behind the Zoning Ordinance is that a decision on establishing or subsequently changing a zoning classification should relate to general factors concerning all land of the same zoning type, and that the governing body will be guided by the permitted and non-permitted uses already established in the ordinance (as well as the Land Use Map and the Comprehensive Plan), and not the particular needs of the applicant. Council is charged with considering only what is the highest and best use of the property at issue, based on the existing, allowable uses under the present zoning classification and the proposed zoning classification. Of more importance is the fact that Texas law disallows "contract zoning", which is defined as a bilateral agreement between a governing body and the applicant for a zone change, with the government promising and becoming contractually bound to make the rezone change in exchange for the applicant promising and being contractually bound to do or refrain from certain activities on the property. The rational for the prohibition of contract zoning is that legislative bodies are precluded from bargaining, selling or contracting away their police power, and as such are considered to abridge this principle when they alter rules for a particular zoning use to suit an individual applicant. Given the Zoning Ordinance's lack of any method for attaching conditions or covenants to zone changes, and the prohibition against contract zoning found in Texas law, I would advise City Council to refrain from imposing any set of conditions as part of a vote to approve the rezone request. Specifically, should Council offer its support for the requested rezone change based on ChemQuest's promise to refrain from certain uses otherwise allowable in a General Commercial zone, it is likely the Council's decision would be construed as being linked to ChemQuest's representations, thus amounting to contract zoning. This would be the case even in the absence of a written pledge on the part of the City Council. I have been advised that the Planning Department is prepared to apprise the Council of the fact that ChemQuest has submitted a developer's agreement for the subject property, which if implemented would limit future site plans for proposed expansion to the office facilities outlined in the developer's agreement. From a legal perspective nothing precludes ChemQuest from voluntarily agreeing to limit itself to certain uses via a developer's agreement. Accordingly, the City and ChemQuest may. legally enter into a developer's agreement that sets out parameters for office space construction, in contemplation of the property being rezoned to General Commercial. However, as part of this process the City Council may not 1) contractually promise to ChemQuest that it will approve the rezone request subject to ChemQuest conforming to the developer's agreement, 2) vote to link an approval of the rezone request to ChemQuest's abiding by the developer's agreement, 3) vote to approve the rezone request with the condition that the rezone will revert back to residential should ChemQuest not follow through with the terms of the developer's agreement, or 4) vote to include terminology in the development agreement conditioning the rezone to ChemQuest's limiting expansion to certain uses. It is important to understand that the basis of Council's vote must be independent from the developer's agreement, such that the rezone can in no way be coupled with ChemQuest's performance under the agreement. It should also be noted that the proposed developer's agreement, after a rezone of the property, could not be enforced by the city to the extent any actual development is permissible under the new zoning classification. Also, Council should note that the developer's agreement (or any other self-imposed limitation by ChemQuest) would not bind a subsequent purchaser of the property. Finally, I would like to remind the City Council that it does have the option of asking the Planning and Zoning Commission to explore amending the Zoning Ordinance to incorporate certain additional restrictions on uses in General Commercial districts that abut residential zones. For example, limitations on expansion of certain uses when within a set number feet of a residence, or additional landscaping and buffer requirements, could be inserted. Thank you, and should you have any questions please do not hesitate to contact me at my office. Sincerely, ~r~ Clark T. Askins Assist. City Attorney Cc: City Manager Debra Feazelle Cc: Assistant City Manager John Joerns Cc: Assistant City Manager Cynthia Alexander Cc: Planning Director Wayne Sabo