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HomeMy WebLinkAboutO-2004-1501-CCCC R04-009 . e ,I.. ORDINANCE NO. 1501- etc~ 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 LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL TO PLANNED UNIT DEVELOPMENT AS REQUESTED FOR THE PROPERTY lOCATED AT 101 E. BARBOUR'S CUT BOULEVARD HEREIN DESCRIBED; 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 21st day of October 2004, 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 October 21, 2004, 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 October 25, 2004, a ORDINANCE NO. 15' CttCi Page 2 e true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes, "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 8th day of November, 2004, 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 Light Industrial (L1) and Heavy Industrial (HI) to Planned Unit Development (PUD)." The description of said parcels of land rezoned to Planned Unit Development (PUD) is as follows, to-wit. " 11.416 acres of land described as lots 1 thru 32 of blocks 349,350,351. and 352 along with portions of First Street and North G Street, including alleys in block 349. 351, 352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance NO.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas". ORDINANCENO.l.~ Page 3 e "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 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 ~ day of November, 2004. CITY~ . By: ~ ALTON PORTER, Mayor ATTEST: By: ~Mit 4-~JJi MARTHA GILLE ,City ecretary e e 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 21st day of October, 2004, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R04-009, for 11.416 acres of land described as lots 1 thru 32 of blocks 349, 350, 351, and 352 along with portions of First Street and North G Street, including alleys in block 349, 351, 352, and the alley in block 350 (vaCated, abandoned, and closed by Ordinance No.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. The applicant, John Vossler c/o Frontier Logistics, is seeking this request for an expansion of the present facility and consolidating entire property into one lot. The subject property is located at 700 W. Barbour's Cut Boulevard. The property in question is being considered for rezoning from Light Industrial (LI) and Heavy Industrial (Ill) to Planned Unit Development (PUD). 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 (281) 471-5020 or TDD Line (281) 471-5030 for further information. f!XH1811 A THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NonCE OF PUBLIC HEARING Heavy Indusbial~ to Planned Unit D~nt (PUD). A regular meet- Ing of the Planning and Zoning Commission wiD 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 Commis. sIon pro or con during the Public Hearing will be re- quired to sign in before the meeting is convened. CITY OF LA PORTE Martha GlUett City Secreta(y A qlJOlUlJl of CIty Council members may be present and participate in discus. sions durlrJg this meeting, hoWl!lvef, no actJon will be taken by CouI}ClI. . e This facilfty has disBbliity accommodations avana- bIe, Requests for accom- =11$ : in=[t ',. re S"!'UkJ' be made 48 ~rs $ pnor to the meeting. V, Please contact the City Secl8taty's office at (281) jt 471-6020 or TDD Une ' _ (281) 471-6030 for further infonnation, 1 Since 1947' .' ndersigned authority, on this date lred Karolyn Kellogg, a duly authorized : The Bayshc:ire Sun, a semi,.weekly shed and generally distributed in the Harr s COUl1ty, Texas an,d who iworn, swears the attached notice Was published in The Bayshore Sun dated /0/03/0 tl- t : / ,281-471-1234 Fax: 281.471.5763 Sun ~~Q~ Karolyn Kellogg . Authorized Representative SIIvorn and subscribec: before me this cf( 1 -r~ day of ~ ~~.~~ Sandra E. Bumgarner Notary Public Harris County, Texas J ,2001f . ~ ~~XH'BrrB e. City o.f La Porte Established 1892 October 25, 2004 HonorabJe Mayor Alton Porter and City Council City of La Porte Re:. Rezone Request #R04-009 Dear Mayor Porter: The La Porte Planning and Zoning Commission, during its October 21, 2004, meeting, . held a public hearing to consider Rezone Request #R04-009. The Frontier Logistics Inc., seeks to rezone approximately 11.416 acres of land located at 101 E. Barbour's Cut Boulevard from Light Industrial (L1) and Heavy ,Industrial (HI) to Planned Unit Development (PUD). The property is further described as lots 1 thru 32 of blocks 349, 350, 351, and 352 along with portions of First Street and North G Street, including alleys in block 349, 351, 352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance No.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. The purpose of rezoning is for future expansion of this facility. The Planning and Zoning Commission, by unanimous vote (5-0), has recommended approval of Rezone Request #R04-009. Respectfully submitted, Dottie Kaminski Vice Chairperson, Planning and Zoning Commission 604 W, Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020 ~H'Bll C e' e 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 6:00 P.M. on the 8th day of November, 2004, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R04-009, for 11.416 acres of land described as lots 1 thru 32 of blocks 349, 350, 351, and 352 along with portions of First Street and North G Street, including alleys in block 349,351,352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance No.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A- 35, La Porte, Harris County, Texas. The applicant, John Vossler c/o Frontier Logistics, is seeking this request for an expansion of the present facility and consolidating entire property into one lot. The subject property is located at 700 W. Barbour's Cut Boulevard. The property in question is being considered for rezoning from Light Industrial (Ln and Heavy Industrial (HI) to Planned Unit Development (PUD). ' , 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) 471-5020 or TDD Line (281) 471-5030for further information. ~HIBtl' D - - COUNTY OF HARRIS CITY OF LA PORTE should be made 48 hours prior 1'0 the ~. Ptesse contact IheWfy Secmtaty'S olf1ce at (281) 4n~ or TOO Une . ,(281) 471-5030 for fulther /nIonnstlOtL e THE STATE OF TEXAS NOTICE OF PUBLIC HEARING 281.471-1234 Fax: 281.471-5763 , In accordanoe with the provisions of See- Don 106-171 of the Code e of Ordinances of the City of La POl18, and the provI- I 810ns of the Texas Local Govemmenl Code, notice is hereby given that the La Porte CIty Coun<:iI will c0n- duct a public hearing at 6:00 P.M. on the 8d'I day of Ncmtmbet. 2004. in the Council C rs of the CIty W'!8t F :, , La Porte, l' of - re Sun 'Sen'ing The Ba)'slzore Area Since 1947' .' for 1.416. :=~, 1, ,undersigned authority, on this date ::s s: ~s= = !ared Karolyn Kellogg, a duly authori~ed North ~ 'Street, in!:Iuding ~)f The Bayshore Sun, a semi-weekly ::Tar::::::; ~.:, lished and generally distributed in the 350 (vaaitecl, abandoned; !, Harr s County, Texas and who and closed by OrdInance ' . '. No.1156), Town 01' La ,; sworn, swears the attached potlce was '=:Jc:::nras:nte~ ,9 Bayshore Sun {fated /O,I:i!...c/./o 4- ; vey, 'A-3S, La ~; Harris ' County, Texas. The appIl- . cant, , John Vossler c/o FronUer I.ogIsIIc:s. Is seek. ing thiS request for an ex. pansIon of the present fa- ciIIIy and consaIIdaIIng en- Ure ~rty Into one.1oL The subject Pf9P8rty is l0- cated at 700 W. Barbour's CUt Boulevard. The prop-' erty In question Is being considered for rezoning from Ugh! industrial (U) and Ffeavy industrial (HI) to Planned UnIl Deve1op- ment (PUD). " ~ arolyn Kellogg . Authorized Representative A regular meet- ing of the City Council wiR follow 1he public hearing for the purpose of acting upon the public hetuIng items and to conduct other matters peItalnlng to Ih8 CouncIl. . , :ribec.' before me this ~? 'Z!!.. day of ~ .k~~ A~~~ Sandra E. Bumgarner Notary Public Harris County, Texas , 200 4- CItiz wishing to address the ~ncII pro ~""""""""""""~"""""""""""""""-1 or ~ d~iing the ,public I- SANDRA e, BUMGARNER~ ~In ~~ ...~~~ \~ NOTARY PUBLIC, STATE OF TEXAS ~ '"!liP' ....."'.. u... ..-....., I~ 'MY COMMISSION EXPIRES :\ isconvened. I' APRIL 30, 2006 ~ '='.........c:,..o...................c.--.........................................................~ , ) CITY OF LA PORTE Martha GIIIeIt CItyJ;ecretary t~XHIBrr'.E Thlet ,..,.1IHv h_ _..hIllr" e e Staff Report October 21, 2004 Zone Change Request #R04-009 Requested by: Frontier Logistics, LLC c/o John Vossler Requested for: 11.416 acres ofland described as lots 1 thru 32 of blocks 349, 350, 351, and 352 along with portions of First Street and North G Street, including alleys in block 349,351,352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance No.1156), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas, Location: 101 E. Barbours Cut Boulevard Present Zonin!!: Light Industrial (LI) & Heavy Industrial (HI) Requested ZoniD!!: Planned Unit Development (PUD) Backl!round: The subject property is located at the northwest comer of West Barbours Cut Boulevard and North Broadway. The company's warehouse facility is to the east across Broadway in the City of Morgan's Point. The City of La Porte limit lines run parallel to the property lines to the east along North Broadway. The main access to the property is along North Broadway. The company owns all of blocks 349, 350, 351, and 352 plus a 16' alley in block 350. The rest of the alleys in blocks 349, 351, 352, and portions of North 1st Street (unimproved ROW) need to be purchased from the City through the street and alley closing process by ordinance. The Industrial zoning designation of the property was assigned when the City adopted the current Zoning Ordinance. The Frontier Logistics container facilities are located on the west of the said property along Barbours Cut Boulevard. Other logistics capabilities and services are listed as under: . 292 k sq.ft warehouse . Rail yard . Packaging . Trucking In the vicinity, the applicant claims to have the most modem intermodal facility on the U.S. Gulf, Barbours Cut Container Terminal, which was designed for vessel productivity and project cargo. The terminal is located at the mouth of Galveston Bay and is three and one half hours' sailing time from the Gulf of Mexico, Frontier Logistics 10/21/04 P&Z Page 2 of5 Analvsis: e e Frontier Logistics provides diverse and complete supply chain management services and solutions. Frontier currently provides a variety of services to the plastics industry, including packaging and warehousing services, U.S. interstate bulk trucking transportation, intra-state Texas truckload transportation, logistics consultation, and border crossing services. Through its Mexican affiliate trucking partner, Global Transportation, Frontier provides bulk trucking service to all parts of the country with the following in-house capabilities: . Private road access to the Barbours Cut terminal allowing for loading of an additional 6.3MT or 58,000 lbs in a 40' container. . Frontier controlled rail access for inbound and outbound cars on both the PTRA and UP. . Twelve acre container terminal for preloading export or pre-staging import containers, . Full service facility capable of any mode of logistics or transportation of various products. Frontier's overall plans for future growth are as follows: Expansion of the "L" Street yard: . 48 car spots La Porte Loop Business Park: . Up to 500 car spots . Up to 1 million sq ft of warehouse space Bayport expansion project: . Up to 1000 car spots . Up to 1.5 million sq ft of warehouse space The requested zone change will provide for the proposed development as an integrated coordinated unit as opposed to traditional parcel-by-parcel and unplanned approach to development. In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Transportation Thoroughfare System, Utility Infrastructure, and Beautification plans. The specific issues considered are as follows: Frontier Logistics 10/21/04 P&Z Page 3 of5 e e Land Use - Confonnance of a zoning request with the Land Use Plan is one consideration among several criteria to be considered when approving or denying an 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 hannony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be pennissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would hann 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 pennit excessive air pollution, water pollution, noise pollution, or other environmental hann 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, None of the above criteria present any concerns over the proposed change in zoning designation. Based on the siting criteria noted above, the tract in question is suited for the requested PUD zone. The City's Comprehensive Plan addresses a need to achieve growth through a deliberate planning process to encourage sustainable development within the existing City limits and particularly the existing service area of municipal infrastructure. In general, high intensity uses should be adjacent to each other and intensity of land use and zoning should relate to the thoroughfare system classification. The zoning regulations and districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting health, safety, morals, and general welfare of the City. Transportation - Being located along Barbours Cut Boulevard, a primary arterial road and major truck route, provides more than adequate accessibility for circulation of truck traffic. There should be very limited impact on traffic flow within the vicinity even after full implementation of the project site. The private access drive and outside yard areas should be designed and constructed in confonnance with the City's Standard Specs. Since trucking trailer/container movement is the primary function of the facility, access management and circulation should be the top priority while designing an Frontier Logistics 10/21/04 P&Z Page 4 of 5 e e expansion project. Driveways connecting directly onto the roadway should be minimized to avoid traffic congestion and other delays caused by turning movements for the eighteen wheelers entering and existing the facility. Traffic signalization is another tool to control the traffic at the intersection of North Broadway & Barbours Cut Blvd. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection in the area. In addition, provisions will have to be made to ensure that sufficient utility extensions are made to serve expansion project. Storm water drainage will require on-site detention to mitigate any adverse impacts associated with this development. Landscaping and/or Screening - Landscaping is required in percentages specified in the current zoning ordinance. Approval of landscaping/screening requirements is a condition of the building plan approval. Required landscaping shall be located in the front and side yard. In addition, the container development should be screened from the public right-of-way. The owner/developer shall provide a natural screening. This will be accomplished in one of the following three ways: 1) the property owner could leave in place existing trees, vegetation, underbrush, etc. to provide a thorough, continuous and effective visual screening, 2) the property owner could use earthen berms with a combination of trees, shrubs, and ground cover that after 3 years growth will be at least 20 feet in height and creates a continuous visual screen. 3) the property owner will develop a screening plan that would be approved by the City that includes a combination of trees, shrubs, and ground cover that after 3 years growth will be at least 20 feet in height and creates a continuous visual screen. The owner or developer must also provide screening along the frontage of the site and along the side yards for a distance of 100 ft. It should be noted that any required screening be adjusted away from overhead power lines to allow for the full maturity of the trees without unnecessary trimming or topping of the trees. Along with the screening requirement, a minimum percentage of landscaping should be stipulated within the ordinance. 6% is recommended to be consistent with current requirements in industrial and commercial zoning districts. However, the requested zone (PUD) provides tlexibilities and variances in this regard. The required screening would count toward the minimum landscaping requirement. Frontier Logistics 10/21/04 P&Z Page 5 of5 Conclusion: tit e Street & Alley ClosinglReplatting - The Frontier Logistics has petitioned the City to vacate, abandon, and close the alleys in Blocks 349, 351, and 352, Town of La Porte and North 151 Street right-of-way between these blocks. The purpose of this request is to facilitate development at this site and rectify previous violations of unauthorized use of public rights-of-way. Planning Department reviewed the ~pplication and documentation. Staff notified the applicant that the submitted documentation is insufficient to proceed. As the process continues, if passed and approved by City Council, the owner/applicant will need to replat the whole property. Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties. The tract in question is suitable for the requested change to PUD. Development within the subject tract should not negatively impact the surrounding properties and should not harm the value of nearby properties. It would not have a significant impact on traffic conditions in the area and utilities would not be affected. In reviewing this request the Commission should consider the following points: . There was no apparent error in assigning the present zorung designation to the tract in question. . The applicant's requested zoning provides some flexibility for the developer while at the same time allowing the City to review specific uses subject to Special Conditional Use Permit and site layouts at the various stages of the development. Staff recommends approval of the rezone request with an understanding that any further development shall require SCUP to be approved by the City, Options available to the Commission are: . Recommend to Council approval of this rezoning request from LI, HI to PUD. . Recommend to Council denial of this rezoning request from LI, HI, to PUD. . Table this item for further consideration by the Commission. . "'lr. -. " - ' - rOC I ,I 3,gQ 39a 00 '~ , ;'1 N.T.S. J: 3>76 > . .375 ~ rOC 10 9. 0 3,'3 Z ~"m:rtt._ 'ff ~ .'W~f1; . r f - .I f.p / . D . ~V~j?).~ i . ,. J ;t f' / -' d (' I . __._.__~___ ~.~l ---I r~-- I I 350 A 349 I I BOU 's CUT BL D." I ! BBt:ffi-!S-€l:Fr-BtvB .-_. ---- 2 331 330 BB EJ 436 437 3 104 105 106 107 B 435 434 433 89 88 87 418 419 420 86 85 LEGEND' FRONTIER LOGISTICS OBI LI c::J HI OGC, , BUSINESS INDUSTRIAL LIGHT INDUSTRIAL HEAVY INDUSTRIAL GENERAL COMMERCIAL PROPERTY, OUTLINE ~ ,., ~ ~ ~ ~ iii I.! t; ~ a: w ;:: z o e: t 0: ~ c; ;!; ~ "I ~ o it o G ;!; ~ ~ ~ ~ o ~ o it o tn ~ ~ ~ a: e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 8. 2004 Requested By: Wavne J. Sabo ~ Department: Planninl! Appropriation Account Number: N/A N/A N/A N/A Source of Funds: Report: _Resolution: Ordinance: ~ Amount Budgeted: Exhibits: Amount Requested: Ordinance p & Z Staff Report Aerial Map Zoning Map Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their October 21,2004, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R04-009, This request is for the company located at 101 Barbour's Cut Boulevard. The subject tract comprises 11.4] 6 acres of land, described as lots ] thru 32 of blocks 349, 350, 35], and 352 along with portions of First Street and North G Street, including alleys in blocks 349, 35], 352, and the alley in block 350 (vacated, abandoned, and closed by Ordinance No,l ] 56), Town of La Porte, Nebraska Syndicate, Johnson Hunter Survey, Abstract35, La Porte, Harris County, Texas. The main access to the property is along North Broadway. The Port of Houston's warehouse and other industrial facilities are within the vicinity, Mr. John Vossler of the Frontier Logistics, Inc., is requesting a rezone from Light Industrial (Ll) and Heavy Industrial (HI) to Planned Unit Development (pun) for future expansion of this facility. The property is currently not in compliance with the City Ordinances. List of violations associated with the site are as follows: . Obstruction of public ROWs per Section 43.03 of the Penal Code; N. ]51 Street, G Street and H Street; City alleys located within blocks 349, 351, & 352. . Outside storage of shipping containers is not allowed as per Section 106-521, Table A. . Occupation of use of vacant land without obtaining a zoning permit as per Section 106-144. . Development of property in Ll & H] zoned blocks without obtaining authorization per Ordinance ]444-A, Section 3. In addition, an application for street and alley closing to the City is incomplete to date, A rezoning to PUD, however, wiII not alleviate the above violations but the property wiII be more conforming to the current ordinances. Furthermore, the applicant shall submit an application for a special conditional use permit along with a development site plan for establishing a PUD district. The SCUP wiII be analyzed to ensure accomplishment of the intended purpose for regulating development. The conditional use permit will allow the City and the developer to be innovative and more effective, consistent with the City's Comprehensive Plan and compatible with the surrounding properties. As required by Ordinance, seven notices of public hearing were mailed to property owners within 200' of the site. No response received in this regard. Granting this requested change would not be in contrary to the goals and objectives of the La Porte Comprehensive Plan and subsequently begins the process of bringing the operation into compliance. The Planning and Zoning Commission, by a unanimous vote, recommends to City Council approval of Rezone Request #R04-009, Action Required bv Council: ]. Conduct public hearing. 2. Consider taking action on an Ordinance for 11.416 acres of land located at 10] E, Barbour's Cut Boulevard to be rezoned from Ll and HI to PUD for future expansion of the facility. Approved for City Council Aeenda II-d-.-ol{- Date