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HomeMy WebLinkAboutO-2005-1501-U4 R05-005 e ORDINANCE NO. 1501-Q if 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 MEDIUM DENSITY RESIDENTIAL AND BUSINESS INDUSTRIAL TO PLANNED UNIT DEVELOPMENT REQUESTED BY P & 0 COLD LOGISTICS LOCATED AT 502 NORTH BROADWAY, ONE BLOCK SOUTH OF BARBOUR'S CUT BLVD., HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; e 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 15th day of September 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" I 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 September 15, 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 September 30, 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. 15111 .CjJ Page 2 ~ e "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 24th day of October, 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 "D", 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 City Council of the City of La Porte hereby accepts 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 changed from Medium Density Residential (R-2) and Business Industrial (Bl) to Planned Unit Development (PUD)." The description of said parcels of land is as follows, to-wit: "11.48 acres being part of 24.88 acres of land out of Johnson Hunter Survey, A-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. 15' ---'L If Page 3 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 a L{--It- day of October, 2005. CITY OF LA PORTE By: ~L?~ ALTON PORTER, Mayor A~ By: Y1afil .e(/~ MAR HA GILLETT, City Secretary e e 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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th day of September, 2005, in the Council Chambers of City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-005, submitted by P&O Cold Logistics, for the property located at 502 North Broadway. The property is further described as Lots 1-16 of Blocks 415,420 & 433, Lots 1-32 of Blocks 434 & 435, portions of East Madison, East Tyler, and North Kansas Streets within the subject property, being a part of24.888 acres ofland out of Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Medium Density Residential (R-2) and Business Industrial (BI) to Planned Unit Development (PUD). 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, TMRC 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. Thisfacility has disability accommodations available. Requestsfor 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. Wl1HJlllIDtfi)' A ~.. ~.. .' ,.."" . ."... Th 502 North Brov. The property~is flldJ scri- bed as Lots 1-160 locks 415,'420 & 433, Lo!s"1-32 of Blocks ~ ~ 435,' por- , tions, of East Mlidison,. I 820 S. 8th East Tyler, and North'Kan- . sas Streets within the sub- La Porte, Te~ lect property, being a part of 24.888 acres of land out of Johnson Hunter Survey, Abstract 35, La Porte, Har- tis County, 'Texas. ,The applicant seeks to 'have this property rezoned from Medium Densfty Residen- tial, (R-2) ,and Business In- 'dustrlal (BI) to Planned , UnIt Development (PUD), '. e 281-471-1234 Fax: 281-471-5763 re SUD , e ' A regular meet- ,~ lng, pf the PlannIng and I Zoning Commission' 'will : follow the,publlc hearing to . " act upon the public hear~ , ing items and to conduct' 'other matters pertaining to , the Commission., " , City of' ..---;:'-.--...__ _ CO~E:!:x..._ . 'C~ti~e~ Wishing. 10 address the Commis- THE STATE OF TEXAS sion pro or con during thEi I cqUNTY OF H!'RRIS' public hearing' are required CITYOF~'PORTE to sign in before the.meet-, L d th r1..ty on this date .' ,Ing Is convened. ' , fIe au 0, . d ,.NOTICE OF PUBL1C", ,: . '. ': ' '!yn Kellogg, a d'l1:ly author1.ze .',' HEA,RING. '." CITYO~.LAPORTE "ayshore Sun, a semi-weekly . ,",' 'MarthaGJllett,TMRp 'I 11 d' t 'buted in the In accordance City Secretary " gener a y 1. S r 1. :..~ ~~:: ...-.:..:.....<> ;11 ,?eL'-' " '. . , .. ,: s Co un ty, Texas and who after ~~..H;ti:-171 of the City of : ,A quorum of City Council th ttached noti{l:e was A Porte's Code of ,Ordi- members .may be present sea ,7. / ^ .,- ~ ---, and the prOvisions - a.nd participate in discus- ,>re Sun dated 011 /31 c-v ~ the..1M ,;ocal ~y.;. 'sions du~ng this mee.tirig~ . j , '~.~~"-r~I.. .notice '/s' however, ,no action will be , :._::"', giM('l1at !he LatakenbyCoU~i1, '. " I ~~~:s:r.u..~nd ~i.ng . ' .' " , ' -::::"T:.:.~;r~~_~~~~ This facility .ha~ dISBbf!1ty.~ .:'-'-'--'foJif)v~~.m., ,accommodations availa~ the '.~ 5 day' oUSel'":' ble. Requests ..for' BCcom- u::'" -- , " ,in ,~the mocJations or. interpretlv" ~:..:.__::. Chambers of CIty seTViCf!s at" meetings , '.', '604' West Fairmorit should.be made 48 hours I n:____n ,- ...-~~, Texas prior to 'the meeting I ..:. pu~~ ";f' this hear~ Please contact City Secr&-. ' . is 10' consider rezone taty's omce at. (281) 471- . ~~:..~~:~ ~~~. 8ubm~- 4S()2,710S..o':0' ~DD~ ~'hne (281). I th ' II -r_1+ ':~~~i;.~~i~;;,!~~:~~~:' . - u... ,or ,U", ar mfor~ Jefore me 1.S _ ~-:- ....-..-..,. 'u..aL~ al mat/on. , 5 , --- . day of v~~- ,I ~-i. ~<- " Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 ~n~!iiJ './] e e City of La Porte Established 1892 September 30, 2005 Hon. Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R05-005 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its September 15, 2005, meeting, held a public hearing to consider Rezone Request #R05-005. The subject property, P&O Cold Logistics, is located at 502 North Broadway, one block south of Barbour's Cut Blvd. It is further described as Lots 1-16 of Blocks 415, 420 & 433, Lots 1-32 of Blocks 434 & 435, portions of East Madison, East Tyler, and North Kansas Streets within the subject property, being a part of 24.888 acres of land out of Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks to have 11.48 acres of land rezoned from Medium Density Residential (R-2) and Business Industrial (BI) to Planned Unit Development (PUD). The Planning and Zoning Commission, by a unanimous (6-0) vote, has recommended approval of Rezone Request #R05-005. This action unifies the tract under one zoning classification. Respectfully submitted, p~ Pat Muston Chairperson, Planning and Zoning Commission c: Debra Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~n!IDD1r \V e e 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 24th day of October, 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 #R05-005, submitted by P&O Cold Logistics, for the property located at 502 North Broadway. The property is further described as Lots 1-16 of Blocks 415, 420 & 433, Lots 1-32 of Blocks 434 & 435, portions of East Madison, East Tyler, and North Kansas Streets within the subject property, being a part of 24.888 acres of land out of Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Medium Density Residential (R- 2) and Business Industrial (BI) to Planned Unit Development (PUD). 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, TMRC 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 (28/) 47/-5020 or TDD Line (281) 47/-5030for further information. ~~[8JYV 1 ~ . tlsl (~~2).and BUsl~e~ 'In~ . p.~i:lLldNOTICES '... dustrial (BI) Jo PAd . . . .. Unit ~velQpment,~. . "~'.~.~.~~. .' : .' .~"... ~. ., .". ......0.';.. .;~ ':-..,: . '. ,'. t.'. .' -', .iI;iES'rATE'ot=:t~S.'; ;'A'regUlar~:itl~t- .: . .. ',;' ':'" ;. '~':'.: ',Irig of the City COi.mcI(WlU ~.O!),NTY pF HAR~IS... : .folloWthe public hear!ng.~ ' ;,-.:.'. ...., ,... 'act upoo.the..P\JbIlc hear-. , CITY ~f ~ PO~f ....." ~: .I.rig "lte,ns . ail~-, tcf'~ .:;.;. .:' . -. - .' '. ". other.n:'8tters.pe.~~lo, I ':'. NOTICE OF-PUBLiC i'. tl:'e ~~1. -; ,." ~:' :.~ ';_:. :' HEARi~G... ~. '," .... 1"1::'., ',' ':, ~ ,.:.. ~ , . , .--. :' :" . .~~emj;~!Jig'1 ~l.."~ .~ _ . . ::. to addresS 'Vie Cour'lcU pro . . .' ; :. II'! . .~rda~i ! or . con dLirlng ;1he .p!Jbllc . '~th 1he'.p~Slo!'lS In .sec- heAring' '~. 'requlred '1.0 tipn 106:1,7j of the City ot '. slgn.ln ~(0r8 the mtieli!ig , . .I,a PQrte~.,~~ ~f ~rdl... iSCOnvenGd. ;'. - !.....,fhe .:!~s~I~..=t;'.~~~~ ;.;~> herel;ly t.' . .' . . '. ..... "!\ '. 'p,pit9:. .' . l.w . . .....M.8rffi~GIIItitt;tM~~.... dUct. a . ubllc g a\ . .... ,.;. Co :.... . ...." :",..' . ". " Clt" C!:.....etary. ,"'1" 6"00 PM. on' th 24 y" ,. .. .11 ~'" ..." ',.. ...:. -, . . ~,.:'..t ..... ....~.:,.~.~.~... o~ OctOber. 2005, In ..the _ ..' . '. " . ..' "'.: .:'". . pounci! . qhambers ~f .l?l~ . P,is ;faclJItj: f1as. diSsbiJitY. ,Hall, 604 W~SlF~I'fT19.l!t'8CcoiriinOt!stfon.$ ;'.VBi~-,. , P~rkway,' ~ Porte~ T~~' ,bIe. : '.~t3qu8sts f()r'ar#irft: The, purpose of thiS, h~~ "modati9ris 'of "Inte~ffve. rng ~...w ..:=;r s~~~.: .se~ ,.:~t, ~~~;. l'E!qu..... w" , '. . ,.' 'should be made 48 .fIQY,rs. ~ bYP&C?Cold,Logls!i~.-. prior,-'io,':;:'th6~meetlf.lq.': ned authority on this date for tl:te prweny ,located at 'p,~::J;otifact,Pity. S~, . ' . ~02.~ Broadw8Y.,~. ts,ysi'office 8t.{?8~) 4?1-.yn Kellogg, a d~ly authorl.zed proper:tY. Is ~rther descn-'.5020',Ot~'roo,u;je'~1)'ayshore Sun, a semi-weekly '~.~2~O:~~.~~ .~71~~~fq~~~~~~~r~. generally distributed in the ot-:$Jocks.434 & ~.J)Ol'.. rn8~()~r.. . :.- .,':".:::';'. -s County, Texas and who after .tion.s of, East' t.!Ia~ison'.r sworn swears the attached notice was .=~~~~:~~~.' in The' ~ayshore Sun dated It) /OS /0 S- 'Iect property, ~Eilng.a part:.. : of.24.888 acres of ~ ~t ' I '. : Qf .f9hnSOIJ Hl!nte,(. ~I,JI'~ey.' J lAb,~. 35,. L.a.e~~, .Har-: . /J ds 'Couhty, Tel,(88.". The . If ~iCant".seeks','1Q' 'Have,:' this prppe)ty rezo/1~~frOri1 . , . ~jum '-DensltY \~e~d~~~ .:l .... ',... ~'''ll . \. .....;.J::&.u:Ly-u -he og .e 281-471-1234 Fax: 281-471-5763 . ,1 S~o~n.and subscribed before me this ~ , 2005. //..,.-11 day of ~.i.I3u-.~~_ " Sandra E. Bumgarner Notary Public Harris County, Texas My Commission Expires April 30, 2006 ~~H[IDtw E . e e Staff Report September 15, 2005 Zone Change Request #R 05-005 Requested by: P & 0 Cold Logistics . Requested for: 11.48 acres being part of 24.88 acres of land out of Johnson Hunter Survey, A-5, La Porte, Harris County, Texas. Location: 502 North Broadway Land Use: Commercial, Industrial & Residential Present Zonine:: Business Industrial (BI), Medium Density Residential (R-2), and Planned Unit Development (PUD) Requested Zoning: Planned Unit Development (PUD) Acreae:e: Total- 24.88 acres R-2 - 4.1620 acres BI-7.3186 acres PUD - 13.40 acres Surroundine: Zonin!!: North - BI, PUD South - GC East - R-2 West - GC Backe:round: The property in question. consists of 11.48-acres being a part of 24.88 acres of land, described as Lots 1 through 16 in Blocks 415, 420, Lots 1 through 32 of Blocks 416, 417, 418, 419, 433, 434 and 435 according to the Map of La Porte, recorded in Volume 1, page 27 of the Deed Records of Harris County; Texas. This property is located near the southeast quadrant of North Broadway (Old Hwy. 146) and Barbour's Cut Boulevard. The facility was previously known as International Cargo Network (lCN), a major cargo distribution center in East Harris County, Texas. P & 0 Cold Logistics, a major food service distribution company, has approximately 225,340 sq.ft. of warehouse serving as its central distribution point for the Texas area, is proposing additional 87,603 square foot cold storage/warehouse to its present facility. The subject property is within the vicinity of major commercial and industrial facilities of the Gulf Coast. e e #R 05-005 P&Z 9/15/05 Page 2 of6 On August 17, 1989, the Planning and Zoning Commission considered approval of the Rezone Request #R89-005. The request asked for the rezoning of Blocks 416, 417, 418, and 419; Town of La Porte tracts; bounded by North Broadway on the west, East Madison on the north, East Adams on the south and an abandoned Southern Pacific rail spur on the east; to Planned Unit Development (p.U.D). The City Council at its September 11, 1989 meeting, passed and approved Ordinance 1501-K, which authorized the P.U.D. zoning of the said property with an underlying ComrnerciallIndustrial land use for this area. This designation was found to be compatible with the goals and objectives of the Comprehensive Plan. Recently, P&O Cold Logistics have filed for fence permit with the City. Proposed fence is to be six feet high type III industrial chain link fencing with 1 foot barbed wire making fence seven feet high overall. The reason for a fence around the entire facility is driven by a need to protect the property and to comply with guidance currently being postured by the US Customs and USDA. As per current zoning map of the City, the entire property lies within the boundaries of three different zones (pUD, BI, and R-2). As such, different criteria would apply in corresponding zoning classifications with appropriate regulations. While reviewing the subject request, staff discussed the following options: .. Setbacks & fencing requirement . Rezoning The first option requires 50' front setback in Business Industrial zoning district. In addition, barbed wire fence cannot commence less than seven feet above grade in an industrial district. On the other hand, fence along the property line common with residential is subject to residential district regulations. In order to erect the fence as proposed, the applicant must get approval from the Zoning Board of Adjustment. The second option is to request for the zone change. The tract in question comprises 24.88 acres, of which approximately 4.1620 acres are zoned R-2, 7.3186 acres zoned BI, and 13.40 acres as PUD. If rezoned, the tract will be combined with one zoning designation. The purpose of this district is to provide for the grouping of land parcels for development as an integrated unit as opposed to traditional parcel by parcel and unplanned approach to development. It provides flexibility of site design through conditional use provisions. It is further intended that planned unit developments are to be e e #R 05-005 P&Z 9/15/05 Page 3 of6 characterized by central management, common use of parking, detention, maintenance of open spaces or other facilities, and efficient distribution of various land uses. The applicant looked at the second option of rezone to Planned Unit Development (PUD). Using this scenario, the applicant is requesting to rezone the property from BI & R-2 to PUD; where, existing use of the facility is a permitted use and fencing would be allowed in accordance with the applicable ordinances. Analvsis: The relationship of the applicant's proposal to the Land Use Plan and Comprehensive Plan needs to be emphasized as much as possible. In considering this request, Staff reviewed the following elements of the Comprehensive Plan. . Land Use - The City's Land Use Plan indicates this area developing with commercial and industrial uses. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: . Character of the surrounding and adjacent areas; . . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Facility Uses/Operations - Review of the City's Land Use Plan indicates that this area is envisioned as a CommercialJIndustrial use. The first phase of the present facility was completed in 1991. In the first phase, there is a large cargo building with existing loading docks as well as a rail spur for the flow ,...e e .,;.. #R 05-005 P&Z 9/15/05 Page 4 of6 of goods. The existing building and truck parking/employee parking areas were built in the BI and PUD zoned area. The detention pond and setback areas are located in an R-2 zone. There is plenty of freight parking on existing concrete pavement to the east of the building. The phase two was an expansion of existing storage/warehouse building, which consists of multi temperature freezer storage areas with static storage racks. As per project description., it was designed to house refrigerated shipping and receiving docks and deslatting areas. A computerized central ammonia refrigeration system was installed for the facility. The design included two penthouses on the roof, located near the center of each cold storage room. These penthouses contain the refrigeration heat exchanger (evaporators) equipment. The evaporators are the system components that circulate air and extract heat from the refrigerated spaces. The evaporators are equipped with fans to provide circulation of cold air throughout the refrigerated rooms. The overall height at the ridge of the building is 45ft. It includes two small penthouse structures near the ridgeline, approximately 960 sq.ft., (3% of the total building), is minimal in comparison to the overall size of the building. The top of the penthouse is approximately 12ft. above the height of the proposed roofline. These penthouses are mechanical in nature (non-habitable area) and are in compliance with Section 106-772 of the Ordinances. Streets - All streets and alleys within the boundaries of this development have been closed by the City Ordinance# 1693, 1694, and 1694 A. Being located near the comer of North Broadway and Barbours Cut Boulevard, it provides more than adequate accessibility for circulation of traffic. The main access to the facility is through two drive entrances along N. Broadway. Truck Parking - There are numerous times when trucks (tractor/trailer rigs) are parked in front of the existing warehouse facility along the shoulders of N. Broadway. This item was discussed with other staff members from different departments with the consensus being that most of the parked trucks are associated with the warehouse facility. This item has been discussed with the applicant and in fact applicant is committed to alleviate this problem. It is staff's recommendation that an appropriate on-site refuge be provided to keep these trucks from parking on the side of the road. The applicant's proposed remedy of NO PARKING signs along N. Broadway will help but will not solve this problem. If the trucks do not have a proper place to park on-site, they could end up parking at another inappropriate location. The fmal solution will be addressed during the development site plan process. e e #R 05-005 P&Z 9/15/05 Page 5 of6 Utilities and Drainage - There is a sufficient water distribution facility in the area to supply potable and fire protection to this facility. The development has an existing dry pipe sprinkler protection system for the warehouse/storage building. This dry pipe or double-interlock pre-action system and large drop ceiling sprinklers is approved by the City. An existing detention basin is to handle the flow of the storm water runoff from the development. The detention basin has been designed to accommodate 100% development of the total site. Security Fencing - This facility is both U.S. Customs Bonded Warehouse and a USDA Import and Export Inspection Station, adherence to guidance issued by the US Customs and USDA is of paramount importance to the continuation of operations of this facility. In addition, it has experienced several incidents at this facility that warrant the expenditures to further secure the property against unauthorized intrusions. P&O Cold Logistics will secure and post no trespassing signs all around the perimeter of the property. The City of La Porte Police Department has provided assistance for enforcing all applicable no tre~passing ordinances pertaining to P&O Logistics property. As, P &0 Cold Logistics does not support uninvited persons entering the premises without appropriate permission, installation of security fence would be necessary. A type ill industrial chain link fence shall be installed all around the perimeter of the property. Two of the drive entrances will be equipped with type I industrial double swing gates, security controlled access and emergency service access. Conclusion: Based on the above analysis, staff finds the requested change is compatible with the present zoning and uses of nearby properties. The change from Business Industrial (BI) and Medium Density Residential (R-2) to Planned Unit Development (PUD) would not negatively impact future development within the area. Furthermore, it is not contrary to the intent of the Comprehensive Plan. From the information provided by the applicant, this request would appear to be based solely on a desire to secure the property and consolidate the subject tract into a PUD zoning district. Creating a unified PUD zone at this location would not run contrary to the intent of the Comprehensive Plan and could well compromise the viability of the remaining undeveloped property. e e #R 05-005 P&Z 9/15/05 Page 6 of6 Staff recommends approval of this request and suggests that the applicant to install privacy slats to the fence and provide landscaping on the embankment of the detention pond in the rear adjacent to the residential zoning district and restrict access to North Broadway. In reviewing this request the Commission should consider the following: . There was no apparent error in assigning the present zoning designation to the tract in question. . . There has been no sufficient degree of change in or around the area in question to render the present zoning designation inappropriate. Options available to the Commission are: . Recommend to Council approval of this rezoning request. . Recommend to Council denial of this rezoning request. . Table this item for further consideration by the Commission. ~~u~fN "3 't_hl'''U ani TYLER OlK -- . --- _.- . . I, ~. ..... , ' -'I I, :I: I I - - - . .....- . - - --- ---- - ------ -- - ... ._- -- -. - -. - . -- - . K ..",,0 '-iCO;~=@.-: "'~icQ)-'CCO.l'~" ~'~-@.~TI'~~ ':- ~@:?2 [Nlc ~~~~[Q)~~W (?20~~ ~Bi~~@~ ~~~lUJ~~u].. ... . .... \. ... ,:TJ~':'" NOT TO SCALE ...----- ....... ---_....--~--- - --- PliO CO~!Q) ! . LOGISTICS SluE: IJl ;xl o )> o ~ '< fPJ[Jj}fl)) GEORGE AlTVATOR fE3JI . . . . I , . !/ l # J .' // l fP[Jj}fIJ) !LX BARBOURS CUT fP?=~ .r.. ,", ~''''l !E3JI MADISON '1'" : . ~ i . ,.. ~ .. . . T... . WI;'. (,) "'.. . ~ :1' . fPJaflf!)) '..r~" -IR?= jJ ... i. C1I :ADA 5- . :E -- "". -l-- :I: . . N . c ' . : -. -' ..~.. - .- . /Visa --- -.." -----,,-- .-. .'.-- . . ....... . ~ .. .-. ~. A . -l :I: '. :." i ::'.\ ; .'-: . \ D ~fi-JJll f8S11\r C .e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Octo er 24 2005 Ordinance p & Z Staff Report Aerial Map Zoning Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A ~ Department: Planni Report: _Resolution: _Ordinance: -X- Exhibits: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their September 15, 2005, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R05-005. This request is made by P&O Cold Logistics located at 502 North Broadway, one block south of Barbour's Cut Boulevard. The subject tract consists of 11.48 acres of land, being a part of24.88 acres of land, described as lots 1 thru 16 in blocks 415, 420, lots 1 thru 32 of blocks 416, 417, 418, 419, 433, 434, and 435 Town of La Porte, recorded in Volume I, Page 27 of the Deed Records of the Harris County, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The facility was previously known as International Cargo Network, a major cargo distribution center in Harris County, Texas. P&O Cold Logistics is a major food service distribution company with an existing 225,340 sq.ft. of cold storage/warehouse with proposed additional 87,603 sq. ft. of building at this facility. The facility is within the vicinity of major commercial/industrial establishments of the Gulf Coast Region. The property is currently zoned Medium Density Residential, Business Industrial, and Planned Unit Development. The purpose of this zone change is to unify an entire tract under a single zoning classification (PUD). In addition, a security fence around an entire facility would be permitted under one zoning district. The proposed fence will be a six foot high type III industrial chain link fence around the entire facility to protect the property, in compliance with the guidelines of the US Customs and USDA. The requested change is compatible with the zoning and uses of nearby properties. A rezoning to PUD will be more conforming to the current ordinances. The development within the subject tract should not negatively impact the surrounding properties or harm the value of the nearby properties. As required by Ordinance, fifteen notices of public hearing were mailed to property owners within 200' of the site. No responses were received. Granting this requested change should not be contrary to the goals and objectives of the La Porte Comprehensive Plan. The Planning and Zoning Commission, by a unanimous vote (6-0), recommends City Council approval of Rezone Request #R05-005. Action Reauired bv Council: 1. Conduct public hearing. 2. Consider taking action on an Ordinance for 11.48 acres of land being part of24.88 acres of land located at 502 North Broadway to be rezoned from R-2 and Bl to PUD. Approved for City Council Aeenda }(;)} 8/0 I':J' Date { ( .