HomeMy WebLinkAboutO-2005-1501-DDDD scup05-001
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ORNINANCE NO. 1501- D1>:l>D
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 #SCU05-001
FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.28 ACRE,
LOTS 13-16, BLOCK 652, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY,
ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING OFF-SITE PARKING FOR DNV PETROLEUM SERVICES, INC; 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 January, 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 January 20, 2005, the
Planning and Zoning Commission of the City of La Porte met in a 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 January 21, 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-.]).1).
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"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 14th day of February,' 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 he~ring is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The conditions of said 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 are as follows, to-wit:
A 0.28 acre of land being lots 13 thru 16, block 652, Town of La Porte, Johnson Hunter
Survey, Abstract 35, 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 official 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
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ORDINANCE NO. 1501-)]).bj)
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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.ff'day of February, 2005.
CITY 9'\ LP: PORT~ J
By: ~. t ts-cb-
ALTON PORTER, Mayor
ATTEST:
BY:~IUfl{0Itulw ~
A THA GILLETT, City Sec tary
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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 Code of Ordinances of the City
of La Porte, 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 20th
day of January, 2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Reques,t
#SCU05-00l, which has been requested for the property described as lots 13-16, Block 652, Town
of La Porte, Johnson Hunter Surve~, Abstract 35,.La Porte, Harris County, Texas. The property is
located in the 300 Block of N. 16 Street. Mr. Hauk Wahl of DNV Petroleum Services, Inc., is
seeking approval of a Special Conditional Use Permit for the development of an off-site parking for
the company. Off-site parking is a conditional use per City's Code of Ordinances.
A regular meeting of the Planning and Zoning Commission 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 will be
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 the City Secretary's office at (28/) 47/-5020
or TDD Line (281) 471-5030 for further information.
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:;I~,~C?rt.i,~',~hI:ISQo.J~o~,,;: appeared Karolyn Kellogg, a duly authorl.zed
:~J:;urv~y.; A~~tl~.,:'3!it::~", tative of The Bayshore Sun, a semi-weekly ,
~~~~. ri:~~~~~~r published and generally distributed in the
:Cate(! !p~!J ..39Q.,~lock,!)f~ La Porte, Harris County, Texas and who after
': N. 16thStree.t: ,J.4r..Hayk.lly sworn, swears the attached notice was
, :~:c:;. ?~~1.1~!!=~j,~';~d in The Bayshore Sun dated 1- c>S- oS-
approval of a'~ci81 ~on~ .
dltlor\al-USe,P.~h for the i.
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Notary Public
Harris County, Texas
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City of La Porte
Established 1892
January 21, 2005
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Penn it #SCU05-001
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on January 20, 2005, considered
Special Conditional Use Penn it #SCU05-00 I. The applicant, DNV Petroleum Services Inc., seeks approval to
allow off-site parking for existing facility located at 318 North 16th Street.
After consideration, the Planning and Zoning Commission, by a unanimous vote (6-0), recommends that
City Council consider approval of Special Conditional Use Permit #SCU05-001 with the following
conditions in place:
I. SCUP#05-00 I is specifically limited to the off-site parking.
2. Screening and landscaping of the parking lot must be provided by the owner/developer in
accordance with Section 106-444(a) of the Ordinances. The landscaping should be a mixture
of trees and sight bearing bushes (e.g. red tips or oleanders). The landscaping plan must be
approved by the City Staff.
3. Principal use depends upon off-site parking shall maintain the minimum number of required
parking spaces.
4. The paved area provides a dust-free environment, the construction of which be approved by
the City Staff.
5. At least 50' of the West Tyler Street shall be improved as described in the City's PICM; i.e.
concrete, curb, and gutters.
6. Drainage to be planned to have a net zero effect for storm water runoff for surrounding areas
and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff.
7. This pennit does not become valid until a fonnal Minor Development Site Plan is
submitted to the City; reviewed and approved in accordance with the requirements of the
Development Ordinance. '
8. A properly drawn legal instrument, duly approved by the City Attorney, shall be filed with
the City Secretary.
9. A certificate of occupancy, renewable annually, shall be required.
10. The Developer shall comply with all applicable laws and ordinances of the City and the
State of Texas.
c:
Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Annstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. 0 La Porte, Texas 77571 0 (281) 471-5020
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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 Code of Ordinances of the City
of La Porte, 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 7:00 P.M. on the 14th day of February,
2005, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU05-001, which
has been requested for the property described as lots 13-16, Block 652, Town of La Porte, Johnson
Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The property is located in the 300
Block ofN. 16th Street. Mr. Hauk Wahl ofDNV Petroleum Services, Inc., is seeking approval ofa
Special Conditional Use Permit for the development of off-site parking for the company. Off-site
parking is classified as a conditional use per Section 106-441 of the City's Code of Ordinances.
A regular meeting of the City Council 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 will be 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 the City Secretary's office at (281) 47/-5020
or TDD Line (28/) 47/-5030 for further information.
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lapproVai fa: 'aIAo~}uly. sworn, swears the attached not1ce was
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City of La Porte
Special Conditional Use Permit # SCU 05-001
This permit is issued to:
DNV Petroleum Services. Inc. (Hauk Wahl)
Owner or Agent
318 N. 16th Street. La Porte TX 77571
Address
For Development of:
Parkina Lot (Off-site) expansion
Development Name
318 N. 16th Street. La Porte
Address .
Legal Description:
Pt. Lots 13-16. Block 652. Town of La Porte
La Porte. Harris County. Texas.
Zoning:
Liaht Industrial (L1)
Use:
Parkina Lot
Permit Conditions:
1. SCUP#05-00 I is specifically limited to the off-site parking.
2. Screening and landscaping of the parking lot must be provided by the owner/developer in accordance with
Section 106-444(a) of the Ordinances. The landscaping should be a mixture of trees and sight bearing bushes
(e.g. red tips or oleanders). The landscaping plan must be approved by the City Staff.
3. Principal use depends upon off-site parking shall maintain the minimum number of required parking spaces.
4. The paved area provides a dust-free environment, the construction of which be approved by the City Staff.
5. At least 50' of the West Tyler Street shall be improved as described in the City's PICM; i.e. concrete, curb,
and gutters.
6. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any
sheet flow or drainage corridor issues to the satisfaction of the City Staff.
7. This permit does not become valid until a formal Minor Development Site Plan is submitted to the City;
reviewed and approved in accordance with the requirements of the Development Ordinance.
8. A properly drawn legal instrument, duly approved by the City Attorney, shall be filed with the City Secretary.
9. A certificate of occupancy, renewable annually, shall be required.
10. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
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.
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City Secreta
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Staff Report
January 20, 2005
Reauest:
Reauested Bv:
Reauested For:
Present Zonine::
Reauested Use:
Baclmround:
Analvsis:
Off-Site Parking
Special Conditional Use Permit #SCU05-001
Special Conditional Use Pennit Request #SCU05-001
Mr. Hauk Wahl
A 0.28 acre (12,500 sq. ft.) being lots 13-16 of block 652, Town of La Porte,
Johnson Hunter Survey, Abstract 35, City of La Porte, Harris County, Texas.
The property is located in the 300 Block of North 16th Street.
Light Industrial (Ll)
Applicant is seeking a Special Conditional Use Pennit (SCUP) for the
purpose of developing an off-site parking lot for DNV Petroleum Services,
Inc. located at 318 N. 16th Street. The Zoning Ordinance classifies this type
of development as Conditional Use.
DNV Petroleum La Porte Lab is located at 318 N. 16th Street. Earlier, a
Special Conditional Use Pennit #SCUOO-002 was approved for the facility
to operate as fuel quality testing lab. The applicant remodeled and repaired a
pre-existing one story metal building, which was damaged by an explosion.
The previously approved she plan shows eight covered parking spaces in a
60'x80'(4,800sq.ft.) of building area. The company is working towards
expanding the operation to include this area and needs to relocate existing
parking to meet the City's parking requirements. There is not enough space
available on the front or rear to provide on-site parking. Therefore, the
applicant looked elsewhere and found a tract across West Tyler Street
(unimproved 60' ROW) to the north of the existing building within 300 feet
of the principal building. Off-site parking is described as a Conditional Use
per Section 106-441 of Zoning Ordinance.
Zoning Ordinance Section, 1 06-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Pennits:
. That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each district, have
been met by the applicant.
. That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
Off-site Parking
SCU05-00 I
Page 2 of2
.
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Staffwould note that the site in question is surrounded on all sides by a Light
Industrial zoning district. The said building is surrounded by Maxim (Former
Anthony Crane Rentals) on the west, warehouses on the south and east, and
a heavy wooded area oJ? the north. Section 106-444, Special Use
Performance Standards for off-site parking addresses the following issues
pertaining to the subject use within an Industrial Zone.
.. Such off-site parking shall comply with all parking standards stated in
the Zoning Ordinance and PICM.
QI Reasonable access from an off-site parking facility to the use served shall
be provided.
.. In addition, off-site parking shall be within 300 feet of the use served.
CD Should have good access to secondary and primary streets.
This site and the proposed use meet all the above criteria. Staff believes the
request satisfies all applicable ordinance requirements. This facility and the
proposed use are compatible with the surrounding properties and should not
be injurious to the use, enjoyment or value of surrounding properties
As proposed, the parking lot complies with all applicable zoning regulations.
However, property needs to be screened. Landscaping, in accordance with
the required screening per Section 106-444(a) would be required. Parking
spaces and maneuvering aisle are of adequate dimensions. The location of
the handicap parking spaces is appropriate. Access from off-site parking to
the building is reasonable. The parking lot will serve the facility that might
expand in future and it will. benefit the area by moving cars off the street into
proper and adequate parking area. Moreover, there is no reasonable location
in the surrounding areas to provide off-site parking.
Conclusionl
Recommendations: Staff recommends the approval of Special Conditional Use Permit #SCU05-
001 with the following conditions:
. Off-site parking shall comply with all parking standards.
. Screening and lor landscaping of parking lot shall be required in
accordance with Section 106-444(a) of the Ordinances.
. Principal use depends upon off-site parking shall maintain the minimum
number of required parking spaces.
. A properly drawn legal instrument, duly approved by the City Attorney,
shall be filed with the City Secretary.
. A certificate of occupancy, renewable annually, shall be required.
Options available to the Commission are:
. Recommend to Council approval of this SCUP
. Recommend to Council denial of this SCUP
. Table this item for further consideration by the Commission.
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Source of Funds: NA
Requested By: Wayne J~ Sabo
Account Number: NA
Department:
Planning:
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits: Aerial Map
Ordinance
SCUP #05-001
Staff Report, P&Z January 20, 2005
SUMMARY
On January 20, 2005, DNV Petroleum Services, Inc. petitioned before the Planning and Zoning Commission, for
Special Conditional Use Permit #05-00 I for use of off-site parking. Off-site parking, by Ordinance Section 106-441
is a conditional use.
DNV's facility is located at 318 North 16th Street and West Tyler Street in Block 681. The off-site parking is 0.28
acre (12,500 sq. ft.) being lots 13-16 of block 652, Town of La Porte, Johnson Hunter Survey, Abstract 35, City of La
Porte, Harris County, Texas. The property is located in the 300 Block of North 16th Street.
DNV is expanding their facility internally eliminating the 8 covered parking spaces approved in a previous site plan
which now requires additional external parking. There is currently no additional available space on-site to expand
for parking. Per requirement, the proposed off-site parking is within 300 feet of the primary facility and has easy
and safe access. Included in this application is the proposed off-site parking constructed to City specifications and
improvement of 50'of West Tyler Street (unimproved 60' ROW) to City standards to access the parking lot. The site
in question is surrounded on all sides by a Light Industrial zoning district. The said building is surrounded by
Maxim (Former Anthony Crane Rentals) on the west, warehouses on the south and east, and a heavy wooded area
on the north. This site and the proposed use meet all City criteria. Staff believes the request satisfies all applicable
ordinance requirements. This facility and the proposed use, subject to the provisions of the SCUP, are compatible with
the surrounding properties and should not be injurious to the use, enjoyment or value of surrounding properties.
There were six (6) mail-outs, and one (I) favorable response. By unanimous vote, P&Z recommends approval ofSCUP
#05-00 I. A Public Hearing is required.
Action Required bv Council:
1. Conduct a Public hearing.
2. Consider approving Ordinance 2005- and SCUP #05-001 for permitted use of off-site parking.
ADD roved for City Council Aeenda
0)-2-05
Date