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HomeMy WebLinkAboutO-2009-3186 SCU09-003; operate consultancy inspection services at 803 McCabe Road REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 28. 2009 Appropriation Requested By: Tim Tietiens Source of Funds: N/A Department: Planninl! Account Number: N/A Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: Ordinance Aerial Map Amount Requested: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its August 20, 2009, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU09-003. The request, submitted by Mr. Hans van Esch, seeks approval of a Special Conditional Use Permit (SCUP) to allow consulting inspection services in an accessory structure (6,000 sq.ft.) detached to a single-family house on 5.89 acres ofland located at 803 McCabe Road. The property is zoned Planned Unit Development. Several years ago, a SCUP was issued to build a house and an oversized garage at this location. The Zoning Board of Adjustment granted a variance for an accessory structure in excess of2,000 sq.ft. permitted for large lots. The accessory structure is located at least 30' behind the primary structure, as required by the Code of Ordinances. A tree line has been preserved for at least 100' from the east & west sides and over 150' from the rear property line, abutting Shady River Subdivision to the south as stated in the previous SCUP. The applicant's business consists of assessing/testing small turbine components. 2/3 of the assessments will be performed at client sites, while 1/3 will be on subject property. The process is noise-free and involves inspection using microscopes. The components are mailed to the applicant's home and assessed in the existing accessory structure by the family. If demand increases, the applicant may bring on one part-time assistant for this home occupation type business. Thirteen (13) notices of public hearing were mailed to neighboring property owners. No response was received from the mailout. The Planning & Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #SCU09-003 with the following conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. 3/ g CI ORDINANCE NO. -------- 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 #SCU09-003 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 5.89 ACRE TRACT, BEING TRS 5G & 5H, ABSTRACT 30, W. P. HARRIS SURVEY, CITY OF LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF OPERATING CONSULTANCY INSPECTION SERVICES AT 803 McCABE ROAD IN A PLANNED UNIT DEVELOPMENT (PUD) 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 20th day of August, 2009, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission jf 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. On August 20, 2009, 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 on the 25th day of August, 2009, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. 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 September, 2009, 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 conditions of the said Special Conditional Use Permit are 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 is as follows, to-wit: 5.89 acres of land being TRS 5G & 5H, W. P. Harris Survey, Abstract 30, City of 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. "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 Page 3 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 L day Of~, 2009. By:----- ATTEST: Byi!JIJt!itiJt/(fil A THA GI LETT, City Secretary APPR~ By: WT-A4-~ CLARK ASKINS, Assistant City Attorney 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 City of La Porte's Code of Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th day of August, 2009, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU09-003, which has been requested for property located at 803 McCabe Road, further described as 5.89 acres of land TRS 5G & 5H, Abstract 30, P. Harris Survey, La Porte, Harris County, Texas. The applicant seeks approval of a Special Conditional Use Permit to utilize an existing 6,000 square feet accessory building for consultancy inspection services within the Planned Unit Development (PUD) zone. A regular meeting 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 are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC 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. EXHIB;~ ~ . the' o . . of Section ,10flheC of La orta . Code ., f.... Ordi-, nances, : notice ,hereby I given that the La Porte i Planning and Zoning I Commission w' conduct i a public heari at 6:00! P.M. on the 2 h day of August, 200 in the Council Chal)1 rs of City Hall, 604 W st Fairmont Parkway, Porte, Texas. The purpose of' this hearing '. . to consider! Special Co itional Use ' Permn #SCUOS-003 which has been re: quested for pr()perty. lo- cated at. 803.. McCabe Road, . fu er, described.' as 5.89 ac of land TRS a Porte 5G & 5H, bstract 3D, P. Harris Su y, La' Porte, f H . Harris unty, Texas.) . arns The appli ntseeks ap- ~roval of. Special Condi- Texas tional Use ermit'to utilize anexistin 6,000' square feet .' a ssory building' i fgr .' cons ancy . inspection] ~~~~:~ u~lthin Devel~~;me, the undersigned authority, on this date came and ment(PU zone. d Adam Yanelli, a duly authorized representative of The A regula meeting will 101-:. . ~:th;u ~~:c ~~arin~Cti~~ ie Sun, a se-ml-weekly newspaper published and generally ~~: t dPu~~c ~::;~c~ ad in the City of La Porte, Harris County, Texas and who after other . .,. tters.. pertaining i .. . totheCo ;nission. ..' '~Iy sworn, swears the attached notice was published In The Citizens 'wishing ,to. ad:.,le Sun dat /5/09 dress the CommiSSion ' pro or con during th.e pub- ' lie hearing are . required to ~ign in, before the meeting IS convened. 8th Street Texas 77571 281-471-1234 Fax 281-471-5763 TheB re Sun 'Serving the Bavshore Area Since 1947' Re: PUBLIC NOTICE CITY OF LA PORTE SCU09-003 Sworn and subscribed before me this 7th day of August ,2009. dutJnmt Deborah Sue Stout Notary Public Harris County, Texas My Commission Expires 03-13-2012 L'/ EXHIBIT 13 City of La Porte Established 1892 August 25, 2009 Honorable Mayor Barry Beasley and City Council City of La Porte Dear Mayor Beasley and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 20,2009, considered Special Conditional Use Permit #SCU 09-003. The applicant, Hans van Esch, seeks approval to allow consulting inspection services at 803 McCabe Road. The property is zoned Planned Unit Development (PUD). The Planning and Zoning Commission, by unanimous vote, recommended that City Council consider approval of Special Conditional Use Permit #SCU09-003 with the following conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members ofthe family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-52 I (a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. II. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Respectfully Submitted, HalLawler C)~ ~ Chairman, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 EXH\Bll C 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 City of La Porte's Code of Ordinances, 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 September, 2009, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU09-003, which has been requested for property located at 803 McCabe Road, further described as 5.89 acres of land TRS 5G & 5H, Abstract 30, P. Harris Survey, La Porte, Harris County, Texas. The applicant seeks approval of a Special Conditional Use Permit to utilize an existing 6,000 square feet accessory building for consultancy inspection services within the Planned Unit Development (PUD) zone. A regular meeting 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 are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC 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) 471-5030 for further information. EXHIBIT 0 THE STATE OF TEXAS) ,. \ l1COONTfor~1sj "'. 8th Street provi , . " d . SectIon i:es ~~~e C 06r::, Texas 77571 nances, notice' ' herebY given that, r the a Porte City ,Council ,conduct a public heari at ., , 6:00 P.M., on ' the h day of September, 2 , in the Council Cham rs of ,City Hall, 604 W 'st Fairmont Parkway, Porte, Texas. The purpose of this hearing "to consider Special Co' itional Use Permit #SCU09-D03, whiCh . has . been re- quested fo property lo- cated at McCabe Road, fu r described as 5.89 ac of land TRS sa & 5H, stract 30" P- Harris SUe y,' La Porte, a Porte Hams ,unty" Texas., The appf t seeks ap- . proval ,of,s,pecial COndi-, , D,f Harns tional Us Permit to utilize l :n exi~ti ~~oo b~il~f~\T exas lor cons tailcy inspection I services f within the I Planned ,Unit Develop- , ment(PU zone. me, the undersigned authority, on this date came and ~wre~~ ~u::ti~ari~ ~:d Adam YaneHi a duly authorized rep,.resentative of The the p se of acting , " ~~~~ . dP~c ~6~~~e Sun, a se-mi-weekly newspaper published and generatty other tters pertaining d' th C't f L P t H' . C t T d h ~ tothe ncil. " 9 In. el y 0 a, or e, arns Dun y, . exas an w D alter ~1,:~~';.~'J,IYsSWOrn, swears the attached notice was published in The hearinr are mquired to e. 9 / 9 / 0 9 sign r~ before .the meeting ~ is convened. 281-471-1234 Fax 281-471-5763 The B ' re Sun 'Serving the Bavshore Area Since 1947' Re: PUBLIC NOTICE CITY OF LA PORTE #SCD09-003 Ada Sworn and subscribed before me this 10th day of September ,2009. ~kJWd Deborah Sue Stout Notary Public Harris County, Texas My Commission Expires gllllll II lillllll ill II I "111111111111111111111 JIlII" E' ",~".v p"",,, DEBORAH SUE STOUT ~ :: * ~ * NOTARY PUBLIC = :: "'", ~, STATE OF TEXAS = - ~r ,+~ C E - = 'OF' omm. xp.03-13-2012 = 03-13- 20'1'~'1" !IlIIllllII Hll II n lil II 11111111111/ I di EXH\Bll E City of La Porte Special Conditional Use Permit # SCU 09-003 This permit is issued to: Hans Van Esch Owner or Agent 803 McCabe Road. La Porte. TX 77571 Address For Development of: TEServices (Consultancy Inspection Services) Development Name 803 McCabe Road. La Porte. TX 77571 Address Legal Description: TRS 5G & 5H. Abstract 30. W. P. Harris Survey La Porte. Harris County. Texas. Zoning: Planned Unit Development (PUD) Use: Consultancy Inspection Permit Conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521 (a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. EXHIBIT F 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. 15. No more than 1/3 of the applicant's business, consisting of assessing/testing small turbine components, shall be performed on the subject property Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated 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 recommendation 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. L-fr7flAi:iJ~ J</JA;ttj City Secretary EXHIBIT F )3 MCCabe R.d.