01-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • SCU05-003 Feb 17, 2005 Page 2 of 4 At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re-authorize the General Plan, Development Agreement and Special Conditional Use Permit (SCUP) request #SCU02- 002. On June 10, 2002, City Council approved General Plan, Development Agreement and SCUP#02-002. A one-year extension was subsequently granted in June 2003, which was expired on June 20, 2004. Owner/developer submitted another application for Special Conditional Use Permit #SCU04-O11. The Planning and Zoning Commission, at their meeting on June 17, 2004, held a workshop and discussed the following issues: • Site plan submittal • Dedication/improvement to Powell Rd. • Phase I-A development (strip of land contiguous to UPRR containing two rail lines) • Phase I development (first warehouse, with rail access) • Access from Powell Rd. • Traffic flow concept for entire project The outstanding issues were too complex for staff to make a recommendation at that time. In addition, the applicant requested to submit the new plan at the next meeting. Later, per instructions from the City Attorney, as the subject property was under litigation, an application along with the check was returned to the applicant. Analysis: Section 106-216 of the Code of Ordinances, and the approved SCUP both define aone-year time frame for construction to begin for the Phase I development. Failure to begin construction within one year voids the approved SCUP unless an extension is granted by the Commission. Since approval of the extension on SCUP#02-002 from City Council, no construction occurred at the site. The applicant stated that unforeseen reasons delayed the project, but the applicant expressed interest in developing the site. Since another extension on the present SCUP was not allowed, this request represents a new submittal. Staff received a general plan for proposed development of Texas Import/Export Park. There are no notable changes in the development conditions that would affect the subject property. All infrastructure requirements are the same as they were when this project received initial .approval. This project shows some forward progress with the new developers. The developer asked that present conditions have mandated changes to the Developer's Agreement associated with this SCUP. There are few notable