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HomeMy WebLinkAboutO-2010-3307 SCU10-001,operating a drive-through retail beverage-mart at 2301 Underwood Road in GC zoneREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13, 2010 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance Aerial Map Mailout Response Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its November 18, 2010, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU10-001. The request, submitted by Mr. Shane Laurent, seeks approval of a Special Conditional Use Permit (SCUP) to allow converting an existing structure (5,000 sq.ft.) to a drive through beverage mart located at 2301 Underwood Road. The property is currently zoned General Commercial (GC). Per Section 106-441, Table A, Commercial Uses of the Code of Ordinances, "drive-in or drive through facilities as an accessory or principle use" is classified as a `Conditional Use' in GC zoning districts. An existing building just south of the subject property was once developed as a beverage mart, now it is a car sales center. The existing land uses are primarily commercial with Creekmont Subdivision to the rear of the subject property. Proper screening and fencing are in place at site. Entry/Exit signs at driveways and shrubs along front yard shall be required. The subject property was developed in 1997-98. Previous site plan proposed on-site drainage inlets and tied down to existing storm manhole along Underwood Road. Upon inspection, staff found no inlets and property sheet flows to Underwood Road. However, the applicant is willing to bring the property into substantial compliance with applicable regulations upon approval of this permit. In addition, a certified development site plan shall be submitted for the said development. Sixteen (16) notices of public hearing were mailed to neighboring property owners. One response (opposed) was received from the mailout. The Planning & Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #SCU10-001 with twelve conditions as presented plus three additional conditions pertaining to car lights/stops, entrance from north driveway, and planting Oleanders in the rear for proper screening and mitigation of car lights and noise for Creekmont residents: 1. SCUP#10-001 is specifically limited to the proposed development of Beverage Mart at 2301 Underwood Road. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. Drainage system shall be applied in accordance with the approved site plan. 4. Parking/striping shall be removed from front to accommodate drive through vehicles. Required parking shall be provided to the south side of the property. 5. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 6. Proper traffic control signage shall be installed at existing driveways denoting south driveway as entrance and north driveway as exit only. 7. Owner shall remove front yard fence installed illegally along the front of the property. 8. Owner shall be responsible to install sidewalk to match with the adjacent property. 9. Front and side landscape areas need to include `Waxleaf Ligustrum' at 36 -inch spacing. 10. All new signage shall require a separate permit from the City's Inspections Division. 11. A 10'utility easement along the north property line and an 8' utility easement along the east property line shall be kept clear of any gravel, asphalt and/or concrete surface. 15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Action Required by Council: 1. Conduct public hearing. 2. o seder Planning and Zoning Commission's recommendation for approval of Special Conditional Use Pe it #SCU10-001 for a drive-through beverage mart at 2301 Underwood Road. Ron Bottoms, City Manager Iz /� la;, Date 1` ORDINANCE NO. X307 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 #SCU10-001 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: 0.732 ACRE TRACT OUT OF 3.072 ACRE COMMERCIAL RESERVE Al, BLOCK 14, CREEKMONT SECTION 2, W. M. JONES SURVEY, ABSTRACT 482, CITY OF LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF OPERATING A DRIVE-THROUGH RETAIL BEVERAGE MART AT 2301 UNDERWOOD ROAD IN A GENERAL COMMERCIAL (GC) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; 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, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #SCU10-001, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow the operation of a drive-through retail beverage mart for the following described property, to wit: 0.732 acre tract out of 3.072 acres commercial Reserve Al, Block 14, Creekmont Section 2, W. M. Jones Survey, Abstract 482, La Porte, Harris County, also known as 2301 Underwood Road, within a General Commercial (GC) zoning district. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. 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 is 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 Chapter 551, Tx. Gov't 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200) of the properties under consideration. Section 6. 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 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 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of _A�CaO7N l' , 2010. CITY OF LA PORTE By: Mayo ATTEST: City Secretary APPROVED - f Assistant City Attorney 2 City of La Porte Special Conditional Use Permit # SCU10-001 This permit is issued to: Shane Laurent Owner or Agent 2301 Underwood Road La Porte, TX 77571 Address For Development of: Beverage Mart _ Development Name 2301 Underwood Road, La Porte, TX 77571 Address Legal Description: 0.732 acre tract out of 3.072 acre Commercial Reserve Al, Block 14 Creekmont Subdivision, Section 2, W. M. Jones Survey, Abstract No. 482, City of La Porte, Harris County, Texas. Zoning: General Commercial (GC) Use: Retail Beverage Mart — a drive through facility Permit Conditions: 1. SCUP#10-001 is specifically limited to the proposed development of Beverage Mart at 2301 Underwood Road. 2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 3. Drainage system shall be applied in accordance with the approved site plan. 4. Parking/striping shall be removed from front to accommodate drive through vehicles. Required parking shall be provided to the south side of the property. 5. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 6. Proper traffic control signage shall be installed at existing driveways denoting south driveway as entrance and north driveway as exit only. 7. Owner shall remove front yard fence installed illegally along the front of the property. 8. Owner shall be responsible to install sidewalk to match with the adjacent property. 9. Front and side landscape areas need to include 'Waxleaf Ligustrum' at 36 -inch spacing. 10. All new signage shall require a separate permit from the City's Inspections Division. 11. A 10'utility easement along the north property line and an 8' utility easement along the east property line shall be kept clear of any gravel, asphalt and/or concrete surface. 12. Install car stops or bollards to keep vehicles away from the fence in the rear yard. 13. All vehicles should enter from the north driveway and turn around the building to detract lights away from the adjoining residential properties. 14. In addition, plant Oleanders by the rear yard fence to create visual screeningibuffering in order to mitigate car lights and noise. 15. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within one (1) year 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. Validation Date: Director of Planning City Secretary J e f =gs , , i > M A • s Y. r a y' q'4S r. x e f =gs , , i > M A • A Meeting of the La Porte Planning & "Zonin Cotnmis>iofi (Type of Mee tine) Scheduled for November 18, 2010 _ (Date of Meeting) to Cotisidet Special Conditional Use Permit SCU10-001 (Type of Request) I have received notice of the above referenced public bearing. I atn in FKVCR of granting this request for the following reasons: I am OPPOSED to pyanting this request for the following reasosis: —Uos) ► Address City, State, Zip