HomeMy WebLinkAboutO-2006-1501-D5 scup 06-004
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: AUl!Ust 28. 2006
Requested By: Wayne J.~ v--f
Department: Planninl!
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
Ordinance
Aerial Map
P&Z Staff Report
Site Plan
SUMMARY
On July 20, 2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 06-004
for proposed distribution center Spec. Building. #15 to be located in the Underwood Business Park off Old
Underwood Road south of State Highway 225 and Union Pacific Railroad. Clay Development and Construction
Inc., is seeking a permit for construction of a 225,000 square foot warehouse/distribution building along Porter
Road, a 60' ingress/egress and utility easement off Old Underwood Road, within the Underwood Business Park.
Each additional reserve/phase of the project would require a subsequent Special Conditional Use Permit. Each Site Plan
submittal would be considered separately.
The site consists of approximately 207 acres located to the south of State Highway 225, Union Pacific Railroad, and
Battleground Industrial Park located at 101 Old Underwood Road. To the east of the park, associated detention was
constructed in Phase I. The first phase of the business park development started in May, 2005 with a project known as
"Poly One", which was completed earlier this year. Building permits for construction of a 432,000 square foot
office/warehouse building and a 900,000 square foot building, to be used as distribution centers, were issued. These
buildings are currently under construction and will be partially rail served at a later stage. The primary access to the
park is along Old Underwood Road via Battleground Road and State Highway 225.
The City's Comprehensive Plan intends for this area to develop with industrial uses, and the existing land uses of nearby
properties are primarily industrial. Considering the economic development within La Porte, the project has merits.
Public Notices were mailed to six (6) property owners. No responses were received. By unanimous vote, the Planning
and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU 06-
004 with the conditions as listed in the SCUP.
Action Required bv Council:
1. Conduct a Public hearing.
2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
#SCU 06-004 for a 20.22 acre tract out of :t207 acres of land located along Old Underwood Road south of
State Highway 225 and Union Pacific Railroad.
Approved for Citv Council A2enda
(I
Debra B. Feazelle, City Man
~~fu
2--~d -lJ{;
Date
ORDINANCE NO. 1501- 1)S--
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 #SCU06-004 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.22 ACRE TRACT OUT OF :1:207 ACRES
OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225 AND UPRR) IN
THE ENOCH BRINSON SURVEY, ABSTRACT - 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE
PURPOSE OF DEVELOPING A DISTRIBUTION CENTER IN A PLANNED UNIT DEVELOPMENT
(PUD) ZONE; 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 July, 2006, 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.
On July 20, 2006, 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 on
the 31st day of July, 2006, 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- DS"
Page 2
"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 28th day of August, 2006, 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 hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6. The conditions of the said Special 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 is as follows, to-wit:
20.220 acre tract out of :t207 acres of land located along Old Underwood Road south of
State Highway 225 and UPRR; the Enoch Brinson Survey, Abstract-5, City of 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 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
ORDINANCE NO. 1501- 1>S""
Page 3
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 sh~~1ge}n effect from and after its passage and approval.
Passed and approved this the ~ day Of~ 2006.
CITY ~ LA PORT'r-j)
By: ~~~\~
ALTON PORTER, Mayor
APPRO~ _
By: r: ~
CLARK ASKINS, Assistant City Attorney
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 July, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Permit Request
#SCU 06-004, for 20.220 acres of land being Reserve C, in the Underwood Business Park, located
along Old Underwood Road. The property is further described as a part and being out of a
206.990 acre tract in the F. A. STAASHEN Subdivision, the Enoch Brinson Survey, Abstract 5, La
Porte, Harris County, Texas. The Clay Development & Construction Inc., is seeking approval of a
permit for the proposed development of office warehouse facility SPEC. BLDG.# 15 to be located
within the park. A Special Conditional Use Permit is required for the proposed development to be
located within a Planned Unit Development (PUD) per Section 106-637 of the ordinances.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of considering the public hearing item 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, TRMC, CMC
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 City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for fUrther information.
IiXH I BIT' A
within a Planned Unit De-
THE STATE OF TEXAS velopment (PUD) per Sec-
tion 106-637.of the ordi-
COUNTY OF HARA!~ --<>fiances.
Sworn and
o uJ'6~
~cl~~_~~
Karolyn Kellogg
Notary Public
Harris County, Texas
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance
with the provisions of Sec-
tion 1 06-171 of the Code
of Ordimincesof the City
of La Porte, and the provi-
sions of the Texas Local
Govemment 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 201 ay of July,
2006,.J .tl" Council
Cha. m..b ers Of. .... ity..Hall.
604 West F r nt rk-
way, L.a Port, . .
purpose of thi '
to cOnsider' eClal
Conditional Us Permit
Request #SCU 06-004, for
20.220 acres of land being
'ReserveC, 'in the Under-
wood Business Park. 10-
catedalongOld Under-
,wood Road. The property
is further described asa
"part and being out of a
,,20,?990 acre tract in theE.
'.A. STAASHEN Subdivi-
lilion, . the 'Enoch Brinson
Survey,Abstract ,5, La
,Porte; Harris 'County,
iT exas., The Clay Develop-
Lment & .Coristructionlnc.,
'is seeking approval of a
. . permit for" the" proposed
.; development of office
warehouse facility . SPEC.
BLDG.#15 to be'located
within the park. A Special
"'ConditionaIUse Permit is
.. required, for the 'proposed
L.~ev'elopment to be located
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
for the purpose of consid-
ering . the public hearing
item 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 Gillett, TRMC,
. CMC
City Secretary
A quoru,!! qf9ity Council
members'lJ1aybepresent
and participate. in discus:
sions during. thismeetini;,
however' no action' wi/fbe
tak~'1 by Council.
This facility lJas disability
'accommodations availa~
ble. Requests for accom~
modations or" interpretive
services at meetings
.' should be made 48 hours
.. prior'-, to the meeting.
Please contact City Secre-
tary's .office at (281) 471-
5020 or TOO Line (281)
471-5030 for further infor-
mation.
/}.1'
281-471-1234
Fax 281-471-5763
19ned
~rner,
authority, on this date came and
a duly authorized representative of
, semi-weekly newspaper published and
e City of La Porte, Harris County, Texas and
sworn, swears the attached notice was
re Sun dated 01! 0;1. /ot...
J7~
subscribed before me this
,2006.
day of
~~
~~",.~tj
~'tf,:~~:~~....
KAROLYN KEllOGG
MY COMMISSION EXPIRES
April 11, 2010
My Commission Exprires Apri/11, 2010
City of La Porte
Established 1892
July 31, 2006
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
The La Porte Planning and Zoning Commission held a public hearing on Special Conditional Use Permit
#SCU 06-004 on July 20, 2006. The applicant, Clay Development and Construction, Inc., seeks approval
of a proposed office/warehouse facility "Spec Bldg. 15" to be located in the Underwood Business Park
along Old Underwood Road south of State Highway 225.
The Planning and Zoning Commission, by unanimous vote (6-0), recommends that City Council consider
approval of Special Conditional Use Permit #SCU 06-004 with the following conditions:
1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific development
anticipated or proposed by the General Plan.
2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and General Plan shall require further submittal and approval
of plats, site plans, construction drawings, engineering analysis, covenants, etc.
3. Provide on-site improvements, loading and unloading rampslbays that adequately handle the volume
associated with this office/ warehousing facility.
4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the
plans.
5. A site plan and/or separate plans shall be submitted in conjunction with the building permit application.
Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and
the State of Texas.
Jspe~l:::;~
p~1'
Chairperson, Planning and Zoning Commission
c: Debra B. 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
IXHIBn' C
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
City Council will conduct a public hearing at 6:00 P.M. on the 28th day of August, 2006, 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 #SCU 06-004, for 20.220 acres
of land being Reserve C, in the Underwood Business Park, located along Old Underwood Road.
The property is further described as a part of 206.990 acre tract in the F. A. STAASHEN
Subdivision, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Clay
Development & Construction Inc., is seeking approval of a permit for the proposed development of
office warehouse facility SPEC. BLDG. #15 to be located within the park. A Special Conditional
Use Permit is required for the proposed development to be located within Planned Unit
Development (PUD) zone per Section 106-637 of the Code of Ordinances.
A regular meeting of the City Council will follow the public hearing for the purpose of
considering the public hearing item 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, TRMC, CMC
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 City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for fUrther iriformation.
IXHIBIT D
~
THE STATE OF TEXAS
COUNTY OF H,ARRIS
CITY OF LAPORTE
if;1
B
281-471-1234
Fax 281-471-5763
). 8th Street
~, Texas 77571
NOTICE OF PUBLIC
- , '. HE~RIN~. .It
Inaccordal'lce'i e
~th'~~~",'of sO<-
tioo"106:1'h of the Code
of -Ordinances 'of the City
O,f LaPort,e.' and the provi-
sions of the Texas Local
,iGovernment Code, notice i
. is hereby. given that the :
City Council will conduct a I L P
public hearing at 6:00 p.M,.1 a orte
;.on the 2~th day of August. :1, of Harris
:2006,. In the counCiljr
..:....~._...~";:~~. ,0. f ~~~~itty....p..H.a..~..~.'~..Pf Texas
~;~Ja p'q TeXa$'i~iJ;jJt me, the undersigned authority, on this date came and
::~.~~'., e~! fred Sandra Bumgarner, a duly authorized representative of
i,:":2g~b.ict:'i"e '. "e, '" d'j,Bayshore Sun, a semi-weekly newspaper published and
j.S:'~~g.ne~s6lar u'~~~.6~.'~.~~.lallY distributed in the City of La Porte, Harris County , Texas and
f~l'.........'...~.~a.r.".d.d'esI..~i~.:.~o:.se..rtya. p.Ja.Si1.f...u~f.J...after. being duly sworn, swea.rs. the attached notice was
It 206.990 acre tract in the F.;hed In The Bayshore Sun dated 0 ~ -I ~ -t) ~ .
A,STAASHEN .' Subdivi- I ',\,
fjsio(l.Enoch Brinson Sur- '1~!,
a. vey. . Abstract 5. La porte.
r Hams County. Texas. Clay ,,2
. .I?evelop~ent & con.struc- ~~ I ~~~u--
. bon Inc., IS seeking appro- , 0
val, of a permit for the pro- .
.. posed development ,of of-
'fice,warehouse facility I ra Bumgarner
SPEC. BLDG.#15 to bel
docated within the park. A
; Speci<;ll .Conc;litional,Use,
Permit is required for, the'
proposed deyelopment to
be located within Planned
Unit Development . (PUD) ,
zone per Section 106-637 .
(~fth~ CodeofOrdinances,Jn and subscnbed before me this
,~~'),\";,>i:":.r".'.'.Il/l~ 2006
!J>,'i;DA.',n3gGI~f;~:ii}..'P ,.
:aur iI1ff/
r'\.ClI VI in Kellogg
Notary Public
Harris County, Texas
l t{ "-h
day of
,,"-:A!./'Mt:~,..
i,,,,~N''''''~~
r~. r~
...~. .ol"
~';~l?:f:,~~"""
KAROLYN KELLOGG
MY COMMISSION EXPIRES
April 11. 2010
_".~~",..,i;--;;;-;j
My Commission Exprires April 11, 2010
VXHIBJT ~
City of La Porte
Special Conditional Use Permit # SCU 06-004
This permit is issued to:
Clay Development & Construction. Inc.
Owner or Agent
800 Gessner. Suite 850. Houston TX 77024
Address
For Development of:
Underwood Business Park (SPEC 15)
Development Name
Old Underwood Road at State Hiohway 225
Address
Legal Description:
20.220 acres of land beino Reserve "C" in a 206.990 acre tract
Out of Enoch Brinson Survey. A-5. La Porte. Harris County. TX.
Zoning:
Planned Unit Development (PUD)
Use:
Office/warehousinQ facility
Permit Conditions:
1. This Special Conditional Use Pennit (SCUP) is not applicable to any other specific development
anticipated or proposed by General Plan.
2. This SCUP outlines, in general tenns, the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and General Plan shall require further submittal and
approval of plats, site plans, construction drawings, engineering analysis, and covenants,
conditions & restrictions (CCR).
3. Provide on-site improvements, loading and unloading rampslbays that adequately handle the
volume associated with this office/ warehousing facility.
4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on
the plans.
5. A site plan and/or separate plans shall be submitted in conjunction with the building pennit
application. Landscaping is required in percentages specified in Section 106-522 of the Code of
Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner/developer.
7. 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 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.
~J-~O~
l{)) 4iJi'1 cJJ4I
City Secretary
IXHIBll'f1'