HomeMy WebLinkAboutO-2005-1501-JJJJ scup05-003
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 28.2005
Requested By: Wayne Sabo ~
Appropriation
Source of Funds:
N/A
Department: Plannin2
Account Number:
N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
P&Z Staff Report
Aerial Map
Ordinance
General Plan
Amount Requested:
N/A
SUMMARY & RECOMMENDATION
. The applicant is requesting a Special Conditional Use Permit (SCUP) for developing an industrial park containing rail
operations, warehousing, industrial and commercial uses.
. This request was initially approved as SCU# 98-001 with one extension, and again as SCU#02-002 with one extension.
The first SCUP expired for lack of activity and the latter expired on June 20, 2004.
. Staff received a detailed sketch plan on May 28, 2004. Plan did not qualify as a certified Site Plan. A post-review
letter was sent to the applicants on June 3, 2004.
. The developer put together a new development team and submitted a General Plan on January 24, 2005. The
Commission held a public hearing to consider Special Conditional Use Permit #SCU05-003.
. The owner/developer also amended the original Development Agreement in anticipation of new developments or
changes in the area. There are few notable changes requested by the owner/developer to the original Development_
Agreement, which are summarized as follows; )
~ The applicant requests that payment of $50,000 for a traffic study not be required since the County has undertaken
the construction of an overpass at Fairmont parkway and Powell Road, that any payment for that purpose be
made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is
reached concerning economic benefit and need for the study.
~ This agreement also contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems
Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. Powell Road, north of Wharton
Weems, will not be designated truck route.
Recognizing that these are difficult issues, Staff and the Developer created a preliminary development proposal that is
in the best interest of the City of La Porte. All applicable elements of the Comprehensive Plan were initially reviewed
and incorporated into this development proposal. We now see some forward movement on the development in general,
since the developer has introduced a new team to implement this project. The Commission recommends approval of
the Special Conditional Use Permit with the understanding that a revised General Plan, Development Agreement, and
all Exhibits contained therein will be presented in fmal form and that the SCUP does not go into effect until all
elements are approved by the City. The Commission recommended approval of the General Plan and Special
Conditional Use Permit with the following conditions in place:
1. This SCUP is not applicable to any specific development anticipated or proposed by 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 the General Plan shall require further submittal and approval of plats, site plans, construction drawings,
engineering analysis, covenants, etc.
3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agreement,
Ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance.
4. The Developer shall comply with all applicable laws and ordinances of the City of La Porte and the State of Texas.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for Special Conditional Use Permit #SCU05-003.
.5 -dd- -()3
Date
Staff Report
February 17,2005
Request:
Requested Bv:
Requested For:
Present Zonine::
Requested Use:
Backe:round:
Texas Import/Export Park
Special Conditional Use Permit #SCU05-003
Special Conditional Use Permit#SCU05-003, Proposed Development of
TIEP within a Planned Unit Development (PUD) Zone
La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., and La Porte 146,
Ltd., by Stuart Haynsworth, General Partner
Approximately 342 acre tract in the George B. McKinstry League, Abst.-47;
W. P. Harris Survey, A-30; Johnson Hunter Survey, A-35, City of La Porte,
Harris County, Texas. The property is located in the 2000 Block of Powell
Road (South 16th Street).
Planned Unit Development (PUD)
Industrial, Commercial and Retail
Texas Import/Export Park is a proposed industrial, commercial and retail
development to be located in an area south of Fairmont Parkway between the
existing Union Pacific Railroad tracks and the State Highway 146 South.
As a part of the PUD development process, the applicant previously
submitted a Special Conditional Use Permit and a General Plan covering the
La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The
Planning and Zoning Commission initiated a Public Hearing for the SCUP
and General Plan on July 21, 1998 and concluded that public hearing on
August 20, 1998.
On March 3, 1999, the Commission unanimously recommended approval of
the SCUP, General Plan, and the Development Agreement. On March 15,
1999, City Council approved the General Plan, SCUP#98-001, and the
Development Agreement. Only Stuart Haynsworth, General Partner of La
Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the Development Agreement.
Daetwyler Enterprises (now CDM Enterprises) did not execute the
Development Agreement. On April 27, 2000, the Commission granted a one
(1) year extension for SCUP#98-00 1.
In February 2002, Mr. Haynsworth initiated a request to re-authorize the
General Plan, Development Agreement and SCUP. The applicant's
request was essentially a repeat of the previously approved SCUP#98-001
less the Daetwyler (now owned by CDM) properties.
SCU05-003
Feb 17,2005
Page 2 of 4
At the May 16, 2002 meeting, the Planning and Zoning Commission held
a public hearing to re-authorize the General Plan, Development
Agreement and Special Conditional Use Permit (SCUP) request #SCU02-
002. On June 10, 2002, City Council approved General Plan, Development
Agreement and SCUP#02-002. A one-year extension was subsequently
granted in June 2003, which was expired on June 20, 2004.
Owner/developer submitted another application for Special Conditional
Use Permit #SCU04-011. The Planning and Zoning Commission, at their
meeting on June 17, 2004, held a workshop and discussed the following
Issues:
. Site plan submittal
. Dedication/improvement to Powell Rd.
. Phase I-A development (strip of land contiguous to UPRR
containing two rail lines )
. Phase I development (first warehouse, with rail access)
. Access from Powell Rd.
. Traffic flow concept for entire project
The outstanding issues were too complex for staff to make a
recommendation at that time. In addition, the applicant requested to
submit the new plan at the next meeting. Later, per instructions from the
City Attorney, as the subject property was under litigation, an application
along with the check was returned to the applicant.
Analvsis:
Section 106-216 of the Code of Ordinances, and the approved SCUP both
define a one-year time frame for construction to begin for the Phase I
development. Failure to begin construction within one year voids the
approved SCUP unless an extension is granted by the Commission.
Since approval of the extension on SCUP#02-002 from City Council, no
construction occurred at the site. The applicant stated that unforeseen reasons
delayed the project, but the applicant expressed interest in developing the
site. Since another extension on the present SCUP was not allowed, this
request represents a new submittal.
Staff received a general plan for proposed development of Texas
ImportlExport Park. There are no notable changes in the development
conditions that would affect the subject property. All infrastructure
requirements are the same as they were when this project received initial
approval.
This project shows some forward progress with the new developers.' The
developer asked that present conditions have mandated changes to the
Developer's Agreement associated with this SCUP. There are few notable
SCD05-003
Feb 17,2005
Page 3 of4
changes reauested bv the owner/develooer to the present Development
Agreement, which are summarized as follows;
. The applicant requests that payment of $50,000 for a traffic study not be
required since the County has undertaken the construction of an overpass
at Fairmont parkway and Powell Road, or in the alternative, that any
payment for that purpose be made only if a building permit is granted for
any area east of Powell Road, and an agreement with the City is reached
concerning economic benefit and need for the study.
. This agreement also contemplates that all trucks will enter and leave the
site via SH146 and Wharton Weems Blvd. and no trucks will proceed
north along Powell Road to Fairmont Parkway. These roadways will not
be constructed as 4 lane right-of-ways.
As, Harris County agreed to fund the overpass at Fairmont Parkway, this is
simply one of many issues regarding traffic impacts of the proposed project.
In addition, other traffic engineering studies need to be funded by the
owner/developer. While, the City's Thoroughfare Plan, Comprehensive Plan,
and TIRZ recommend 4-lane road for this area. The controlled traffic will
be directed to State Highway 146 via Powell Road to Wharton Weems
Blvd., both to be constructed as 4-lane roadways to Harris County Major
Thoroughfare Standards.
Site Rail Traffic - The Union Pacific Railroad Overpass construction
project will start in May 2005. Construction will likely take
approximately 12 months. It is likely that the overpass over the railroad
tracks on Fairmont Parkway will be completed before the Texas
Import/Export facility contributes significant traffic to the existing rail
lines crossing Fairmont Parkway. Once constructed, there will, of course,
be zero impact to vehicular traffic on Fairmont Parkway due to stopped
trains, switching etc. The usual and customary delays to vehicular traffic
on Fairmont Parkway due to the overpass construction should be expected.
Utilities - The proposed waterline interconnect loop to be used for both
fire suppression and potable water supply will likely have to continue the
existing waterline on Powell Road south to the newly proposed
intersection of Wharton Weems Blvd and Powell Road whereupon the
waterline will turn east and run to SH 146. A set of bores will likely be
needed to run the future waterline across SH 146 to connect to the existing
16" waterline on the east side of SH 146. It is expected that the waterline
will continue south through the proposed intersection of Wharton Weems
Blvd and Powell Road south to McCabe Road, thence east to SH 146.
Again, a set of bores will likely be needed to take the future waterline
across SH 146 to connect to the 16" waterline on the east side of SH 146.
The Public Warks Department has assured us in the past that the City has
ample water supply to accommodate the projected demands.
SCD05-003
Feb 17,2005
Page 4 of 4
Drainage - It is expected that the anticipated drainage study on the subject
property will include the effect of the development on the surrounding
properties as well as the development's effect on the watershed. A
thorough drainage report will and should include such effects. Such a
report should give details of the proposed drainage channel to be
constructed extending A104-00-00 into the development, its use as in-line
detention, expected runoff flows and internal drainage subareas. For the
properties (if there are any) that drain through the property in question, it
is also expected that the drainage report will address such impacts and
suggest mitigation efforts.
Conclusion &
Recommendation:
Recognizing that these are difficult issues, Staff and the developer created
a preliminary development proposal. All applicable elements of the
Comprehensive Plan were initially reviewed and incorporated into this
development proposal. Given that we now see some forward movement
on the development in general, Staff recommends the Special Conditional
Use Permit with the understanding that a revised General Plan,
Development Agreement, and all supporting documents contained therein
will be presented in final form and that this SCUP does not go into effect
until all elements are resubmitted to the Commission and approved by
City Council.
Should the Commission wish to approve the SCUP in its present format,
staff recommends the following:
1. This SCUP does not go into effect until amended General Plan,
Development Agreement, and all other supporting documents are
considered by the Commission & approved by City Council.
2. This SCUP is not applicable to any specific development anticipated
or proposed by this General Plan.
3. 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 the General Plan shall
require further submittal and approval of plats, site plans, construction
drawings, engineering analysis, covenants, etc.
4. Said submittals shall be in accordance with the SCUP, the approved
General Plan, and the future approved Development Agreement.
5. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Actions required by the Commission:
. Recommend to Council approval of this SCUP with conditions.
. Recommend to Council denial of this SCUP.
. Recommend tabling this SCUP for further review.
~
~
::: PROPOSED pf
ORNINANCE NO. 1501- JJ:fT
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 CLASSIFICATION OF THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81 , LTD., LA PORTE
82, LTD., LA PORTE 115, LTD., STUART HAYNSWORTH, GENERAL PARTNER, AND LA
PORTE 146 LTD., FOR THE DEVELOPMENT OF A 342:1:ACRE TRACT IN THE CITY OF LA
PORTE, TO BE KNOWN AS THE TEXAS IMPORT- EXPORT PARK; 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 1 ih day of February, 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. Subsequent to such public hearing, the Planning and Zoning Commission
of the City of La Porte met in regular session on the 1 ih day of February, 2005, at 6:00 p.m., 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 February 28, 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-JJJJ
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 March, 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 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 in accordance therewith, and the zoning classification of
said parcels of land shall hereafter be "PUD - Planned Unit Development with a Special
Conditional Use Permit" for commercial, business park, and some rail-serviced warehouse
uses. The conditions of said Conditional Use Permit shall be that the property be formally
platted as i:342-acre tract. Further conditions are as set forth in the Motion and
Recommendations of the Planning and Zoning Commission of the City of La Porte, and shall be
as set forth within 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:
Approximately 342 acres of land out of the George B. McKinstry League, A-47; William
P. Harris Survey, A-30; Johnson Hunter Survey, A-35 , City of La Porte, Harris County, Texas.
ORDINANCE NO. 1501-JJ'3J
Page 3
"Section 7. The City Council hereby approves and authorizes the Development
Agreement in substantially the form as shown in the document which is attached hereto as
"Exhibit G" and incorporated herein by this reference, by and between the City of La Porte and
La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., Stuart Haynsworth, General Partner, and
La Porte 146, Ltd., for the development of an approximate 342- acre tract as herein described in
the City of La Porte, to be known as the Texas Import-Export Park. The City Manager is hereby
authorized to execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
"Section 8.
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 9.
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 10. This Ordinance shall be in effect from and after its passage and approval.
ORDINANCE NO. 1501- J".J:fJ
Page 4
Passed and approved this th;lfl'aay of N.. 2005.
CITY OF LA PORTE
By ~LY~
ALTON PORTER, Mayor
ATTEST:
BY~~
M R HA GILL TT, City Secretary
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 ofthe 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 17th
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 #SCU05-
003, which has been requested for approximately 342 acre tract in the George B. McKinstry, A-47;
William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; City of La Porte, Harris County,
Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart
Haynsworth, General Partner, is seeking approval of a general plan and a permit for proposed
development of the Texas Import/Export Park, a rail-oriented warehouse facility capable of
handling products by rail and trucks. A Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (P.D.D.) Zone, per Section 106-637
of the Code of 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
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) 471-5030 for further information.
A
THE ST A'fi:: vrT8<AS
COUNTY OF HARRIS
. .
CITY OF LA PORTE .
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Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
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~ ~~ SANDRA E. BUMGARNER ~
~ 1"f'I':"--:<"b\ NOTARY PUBLIC, STATE OF TEXAS ~
~(~,(~.() J;) MY COMMISSION EXPIRES ~
~~ APRIL 30. 2006 ~
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.,jc~k :3
City of La Porte
Established 1892
February 28, 2005
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
During the regular meeting on February 17, 2005 the La Porte Planning and Zoning
Commission, held a public hearing to consider Special Conditional Use Permit #SCU05-
003. The applicant, Stuart Haynsworth, General Partner, La Porte 81, Ltd.; La Porte 82,
Ltd.; and La Porte 115 Ltd., seeks approval to build an Industrial/Commercial & business
park on the property located in the 2000 Block of Powell Road (S.16th Street) for :t342
acre tract in the George B. McKinstry, A-47, William P. Harris Survey, A-30, Johnson
hunter Survey, A-35, City of La Porte, Harris County, Texas. The proposed project will
be developed in a Planned Unit Development (PUD) zoning district.
The Planning and Zoning Commission, by unanimous vote (7-0), recommends approval
of Special Conditional Use Permit #SCU05-003. This item will appear on the Council's
March 28, 2005 agenda for your consideration.
~pe~UllY ~ll1itted,
~ofJ ~
Pat Muston
Planning and Zoning Commission, Chairperson
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
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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 6:00 P.M. on the 28th day of March, 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 #SCU05-003, which has been
requested for approximately 342 acre tract in the George B. McKinstry, A-47; William. P. Harris
Survey, A-30; Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas. The property
is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart Haynsworth, General
Partner, is seeking approval of a general plan and a permit for proposed development of the Texas
ImportlExport Park, a rail-oriented warehouse facility capable of handling products by rail and
trucks. A Special Conditional Use Permit is required for the proposed development to be located
within a Planned Unit Development (P.U.D.) 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
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 (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
1J
THE STATE OF TEXAS
"'" .-
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
lreet
j 77571
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281-471-1234
Fax: 281-471-5763
In accordanc13
with the provisions of Sec- ~
tion 106-171 of the ,Code'
of Ordinances of the City
of La Porte, and the provi- ,,;
sions of the Texas Local !
Gov . ment Code, notice i
is r y , 'nthatthe La ,
~o, neil will con- !
ducta ~,r .hea, ,",'n,ga,t !
6:00 . e 28th day
of rct\. , in the
Co cil~am s ()f the ;
C' Ha 6 'est Fair- :
mont Pa, ay, La porte" !I
Texas. The purpose of
this hearing is to considerlPorte
~~~~lcon=n~51o~;larr is
which has been requested' r as
for approximately 342 acre, ,
tract in the George B. i
~c~~:~ ~~~y~~~; ~he undersigned authority, on this date
Johnson Hunter Survey, peared Karolyn Kellogg, a duly authorized
A-35', City of La Porte, " f h B h S .,' kl '
H .: C ty Tex8s,The p. ve 0 Teays ore un, a seml-wee y
pr~;:rtyo::\~ated in the .).lblished and generally distributed in the
2000 Block of Powell Road ,Porte, Harris County, Texas and who after
(So. 16th Street). Mr. 'sworn swears the attached notice was
Stuart Haynsworth, Gener- i ' / /
alPartner" is see. ki,'n9, ,ap- 'r The Bayshore Sun dated C) 3, /3 () S
proval ofa general plan
and a permit for proposed '! '
development of the Texas '
ImportlExport Park, a rail~'1 t-. ~
:~::::;(~ x ~
Sun
.. .
Sworn and subscribed before me this
7n~ , 2005.
M1.~
/1t!i
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
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City of La Porte
Special Conditional Use Permit #SCU 05-003
This permit is issued to:
La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd., La Porte
146. Ltd. and Stuart Haynsworth. General Partner.
Owner or Agent
815 Walker, Suite 1435 Houston, Texas 77002
Address
For development of:
A 342 acre Planned Unit Development. known as Texas Import/Export
Park. a mixed use development further defined by a General Plan
prepared bY Northrup Associates. Inc. The Planned Unit Development
is further defined by a Development Aoreement between the
Owner/Aoent listed above and the City of La Porte. This Special
Conditional Use Permit and the General Plan are Exhibits to and a
part of the Development Aoreement.
Development Name
Legal description:
342 acres of land out of the George B. McKinstry League, A-47;
Willi~m P H~rri~ Sllrvey, A-30: .John~on Hlmter SlIrvey. A-35 ~nd
more particularly described by "Exhibit B" - Development Aoreement.
Zoning:
The 70ning for the trad i~ PI~nned l Jnit Development The permitted
land uses for this Planned Unit Development are generally depicted on
"Exhibit A" - General Plan of Texas Import/Export Park These
permitted land uses are more specifically defined and/or restricted by
conditions established in the Development Agreement.
Permit Conditions:
1. This SCUP does not go into effect until amended General Plan, revised Development Agreement, and
all other supporting documents are considered by the Commission & approved by City Council.
2. This SCUP is not applicable to any specific development anticipated or proposed by General Plan.
3. 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 the General Plan shall require further submittal and
approval of plats, site plans, construction drawings, engineering analysis, covenants, etc.
4. Said submittals shall be in accordance with this SCUP, the approved General Plan, and the future
approved Development Agreement.
5. 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 one (1) year 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.
Validation Date: ..3\ 'l.q\r:/{
\9
~,~
City S cretary
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into between La Porte
81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner
and attorney in fact respectively; and their Successors and Assigns (Owner-Developer)
and CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the davof
March,2005.
Recitals
Owner-Developer has proposed development of an approximate 342-acre tract in the
City of La Porte, as the Texas Import-Export Park, which is referred to as the Tract and
defined hereinafter in Article I. Owner-Developer plans to develop the Tract, presently
zoned PUD, for retail, commercial, business park with some industrial uses. Owner-
Developer shall construct municipal utilities, including streets, a water distribution
system, wastewater collection system, and the storm drainage/detention system that
will connect with the existing City of La Porte and other regional systems in accordance
with development regulations and policies of the City and Harris County Flood Control
District.
The City has required, and Owner-Developer has agreed, that the tract will be
developed in accordance with the General Plan approved by the City (as defined below
and attached hereto).
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Owner-Developer agree as follows:
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical development and use of the Tract as
defined herein and approved by the City on 2005, or as amended as allowed herein.
Owner-Developer means La Porte 81, La Porte 82, La Porte 115, Ltd. Partnerships or
their assigns or succeeding developers.
Tract means the approximate 342 acres of land to be developed by Owner-Developer
as described in Exhibit A.
Development Agreement (Draft)
Page 1 of 9
-,'.-LUBnir
-Xr-. F,
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A - Special Conditional Use Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - General Plan, Noting Proposed Section One Boundary and Uses
Exhibit 0 - Land Use Exceptions
Exhibit E - Draft Declaration of Restrictive Covenants for Texas Import
Export Park applicable to all construction and uses.
Exhibit F - Open Space / Trail System - Cross-Section
Exhibit G - Traffic Control Plan
Exhibit H - Harris County Major Thoroughfare Standards
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Owner-Developer shall develop the entire Tract in
accordance with the General Plan, SCUP and this Agreement approved by the City.
The General Plan is attached herewith and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that
Developer's intent is to develop the Tract as a predominantly commercial PUD
development, with some industrial components consistent with City's Land Use Plan
subject to certain exceptions listed below. Developer or Developer's successors shall
provide appropriate amenities and support facilities as set forth on the General Plan,
which is attached to this Agreement. City acknowledges that Developer intends to
develop the Tract in phases, and that all development shall be consistent with the
Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should
Developer determine that the General Plan needs to be amended, Developer shall
submit an application for amendment of the Special Conditional Use Permit, which said
application shall be processed consistent with this Agreement, the current General
Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended
from time to time. Amendments to the General Plan, the Special Conditional Use
Permit, and/or this Agreement shall be in writing.
..
2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all
development and improvements to the Tract to the City's Code of Ordinances and
established policies, and further agrees that land uses shall be further restricted
according to "Exhibit 0".
ARTICLE III. RESTRICTIVE COVENANTS
Development Agreement(Draft) Page 2 of 9
3.1 Development of Restrictive Covenants. Owner-Developer has developed-
Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are
attached to this Agreement as Exhibit "E". These protective covenants and deed
restrictions will apply to and be binding upon the Tract, and shall be in form
substantially similar to Exhibit "E". The covenants and deed restrictions shall be
approved by the City and shall be recorded concurrently with each recorded plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written
above, and continuing until the sooner to occur of (i) the date in which all portions of the
Tract have been platted and developed (with construction of all streets and utilities on
the Tract as reflected by the plats completed or installed and financed by the Owner-
Developer).
Failure of Owner-Developer to begin construction in accordance with the Special
Conditional Use Permit within one year after issuance of said permit, or as scheduled
under the terms of the Special Conditional Use Permit, shall terminate this Agreement.
Owner-Developer may, before the expiration of one year, request an extension of time
from the Planning and Zoning Commission, in the event that construction has not
started in accordance with the Special Conditional Use Permit.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide
common open space as shown in the City's Pedestrian & Trail Plan and the General
Plan. This will be incorporated within the shown drainage easement and detention
pond/drainage system, the cross-section details of which are further illustrated on the
attached Exhibit F.
It is recognized that, until the final design of the detention pond/drainage system is
approved, the exact location and dimensions of these facilities are unknown. When the
final design is approved, the City will evaluate the potential for use of these areas as
public recreation amenities.
At that time and with mutual consent, the City may elect to accept these facilities either
in easement or fee. The initial development, of the detention pond/drainage system
and perimeter landscaping of these facilities shall be the responsibility of the Owner -
Developer. The responsibility of ongoing maintenance of these facilities shall also be
determined after reviewing the final design.
5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform
and/or compatible landscape plan for all phases of the entire project that will address
landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road,
but also within the building setbacks and landscape easements or reserves throughout.
A Landscape Buffer (1 DO-feet wide) shall be provided along the west side of Powell
Development Agreement(Draft)
Page 3 of 9
Road and shall include extensive screening-type vegetation with grassed berms within
the existing pipeline easement. A landscape buffer, 50' wide, will also be provided
along State Highway 146. Landscape reserves shall also be included adiacent to all
roadways, including the east side of Powell; but rather than screen, shall be landscaped
compatible with the zoning and use of that adjacent property.
5.3 Signage. The Owner-Developer shall implement a sign standards policy, as part
of the Declaration of Restrictive Covenants (Exhibit "E") consistent with the City's Code
of Ordinances as guidance to insure effective and uniform signage is employed
throughout the project. This policy will include uniform and/or compatible project
identification monuments, business signage, street and other traffic directional devices
conforming to the project's traffic control plan and deed restrictions.
5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves
and easements will be held by fee ownership of adjoining property or by the Property
Owners Association (POA), subject to conditions of the deed restrictions and landscape
plan. The maintenance of the buffers, reserves and easements will be the
responsibility of the contiguous property owners pursuant to provisions of the deed
restrictions, enforced by the POA.
The Open Space/Pedestrian Trail System shall be constructed within or adjacent to the
drainage easement and detention pond/drainage system as dictated by the final
detention design. Ownership and maintenance of the Open Space/Pedestrian Trail
System and drainage/detention pond system shall be determined according to Article
5.1 of this Agreement.
ARTICLE VI. SCHEDULE
6.1 Schedule. The Owner-Developer shall establish a specific schedule for the
development and construction improvements of the project with the end user(s). As the
construction of the project is to be in stages, then the components contained in each
stage must be clearly delineated. However, as the basis of that detailed schedule, the
following work program is anticipated:
. Initiation of complete engineering study, including drainage and preliminary
infrastructure design.
. Detailed engineering design for Phase One, being all or substantial part of area
identified herein as Section One. This would include rail connection to main line and
a minimum spur connection to first building anticipated, water and sanitary sewer
service initial drainage and detention to accommodate Phase One;
. Construction of Wharton Weems Blvd. and Powell Road shall be completed within
12 months of Phase One completion;
. Initiation of procedure to abandon and relocate portions of Powell Road, south of
the project of Wharton Weems Blvd. shall begin within three months of SCUP
approval.
. Subdivision platting, site plan, and detailed engineering plans review by the City of
La Porte and others;
Development Agreement(Draft)
Page 4 of 9
. Plat must demonstrate easements, dedicated to the City of La Porte, that provides
access through private property for drainage and maintenance purposes.
. Initiation of construction pursuant to item 6.1 (b) above, identified as Phase One; and
. Continuation of remainder of development as rapidly as market demands.
ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS &
SAFETY
7.1 Fire Protection. The Owner-Developer shall formulate a plan for fire protection
to serve the Tract by separate agreement with the POA and respective grantees.
7.2 Hazardous Materials. The Owner-Developer agrees no hazardous materials
as identified in State and Federal Standards (NEPA), OSHA, as well as City Fire Code,
shall be stored on site. Compliance will be enforced by the POA in concert with the
City.
7.3 Safety. The Owner-Developer shall formulate a public safety and training plan
with the City and POA, to ensure safe, efficient handling and storage of materials prior
to issuance of a building permit.
ARTICLE VIII. TRAFFIC CONTROL PLAN
8.1.1 Traffic Control Plan. The Owner-Developer shall establish a Traffic Control
Plan for the entire project to regulate to the extent practical project-generated vehicular
traffic. In Section One, based on the target market use, the Traffic Control Plan (shown
on the attached Exhibit G) will include designated truck routes to and from the site,
segregation of automobile traffic, limitation of access from public streets (driveways)
and utilization of common cross easements between tracts for internal circulation.
8.2 Truck Traffic. This controlled traffic will be directed to State Highway 146 via
Powell Road to Wharton Weems Blvd. Project driveways will be constructed to induce
proper directional movement to preempt to the extent practical north bound traffic on
Powell Road. This will be complemented by traffic signage as appropriate. In addition,
Owner-Developer shall employ routing plans, driver instruction, and other controls as
necessary to obtain compliance of carriers, employees, and regular contractors or
service vendors.
8.3 Driveway Access. The Owner-Developer shall establish driveway access
controls that shall be controlled through restrictive covenants, architectural controls and
City Site Plan review. This will include conditions and design standards consistent as to
size, but fewer in number as established in TxDOT Driveway Manual and the City
Zoning Code (106-835) pursuant to specific site plan review. Unless otherwise
approved during review of preliminary and final plats, driveways along SH146 entering
this Tract shall be limited or controlled access techniques will be applicable. Provision
shall be made, where practical, for internal cross-access easements to maximize
ingress, egress and circulation to minimize congestion on public rights-of-way and to
encourage traffic to be directed to Wharton Weems Blvd. interchange.
Development Agreement(Draft)
Page 5 of9
8.4 Transportation Issues The Developer shall continue to work with the City,
Harris County and other public and private sector interests to implement the timely study
and/or construction of transportation components. The developer shall provide a
proposed schedule of construction for transportation components that impact this project.
ARTICLE IX. SITE RAIL TRAFFIC
9.1 Site Rail Traffic. Proposed development of overpass on Fairmont Parkway will
improve rail efficiency in the area and potentially decrease current rail impacts on
Fairmont Parkway due to stopped trains, switching etc. However, on-site rail facilities
and operations shall be controlled by Owner-Developer.
ARTICLE X. UTILITIES, DRAINAGE
10.1 Utilities, Drainage. The Owner-Developer shall design and construct adequate
water, wastewater, and drainage facilities to serve each phase of this project in
accordance with the City requirements and as further defined by this Agreement. As to
water and sanitary sewer, this would include a water system necessary for both fire
suppression and potable water supply with a loop connection to the 16" main on the
east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60"
trunk line on UK" street south of Fairmont Parkway.
The Developer will provide a drainage study for the subject property, which will include
the effect of the development on the surrounding properties as well as other properties
in the watershed. The study and design of drainage improvements shall meet the
requirements and approval of the City and Harris County Flood Control District. Owner-
Developer's representative agrees to meet with City, prior to design of public utilities, to
discuss design criteria standards and policies. City shall approve all construction plans
and specifications for public improvements.
ARTICLE XI. BUILDING LINES
11.1 Building Lines. The Owner-Developer shall establish building lines appropriate
to the use, but not less than those prescribed in the City's Code of Ordinances. Within
the industrial area west of Powell Road there will be a landscaped 1 DO-foot buffer and
building line along Powell Road. Similarly, along State Highway 146, a 50-foot
landscape buffer and building line shall be maintained. These respective 100 and 50
feet landscape buffers shall be kept free from all other uses with the exception of
signage, approved drives and entrances. Owner-Developer agrees that other building
lines will be either equal to or greater than that required by ordinance for the zoning use
shown and shall be based on site use and orientation of the improvements or as shown
on the General Plan.
ARTICLE XII. MISCELLANEOUS
Development Agreement(Draft)
Page 6 of 9
12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the
entirety or any portion of the Tract to a person or entity intending to develop the tract or
such portion thereof (a "Successor Developer," whether one or more) and any
instrument of conveyance for the entirety or any portion of the Tract to such Successor
Developer shall recite and incorporate this recorded Contract and exhibits hereto and
provide that this Contract be binding on such Successor Developer.
12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such force majeure in writing to the party
within a reasonable time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period;
and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Owner-Developer under any set of
circumstances prior to commencement of construction on the Tract.
12.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States Postal Service and addressed to
the party to be notified. Notice deposited in the mail in the manner hereinabove
described shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is deposited. Notice
given in any such other method shall be effective when received by the party to be
notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
Development Agreement(Draft)
Page 7 of9
If to the City, to:
If to Owner/Developer, to:
City of La Porte
Attn: City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
La Porte 81, Ltd.
La Porte 82, Ltd.
La Porte 115, Ltd.
c/o Stuart Haynsworth, General Partner
815 Walker,Suite 1435
Houston, Texas 77002
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
12.6 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shall be subject to change or modification only with the mutual written consent of the
parties.
12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner-
Developer and shall not be construed to confer any benefit on any other person except
as expressly provided for herein.
12.8 Attorney's Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
12.9 Government Immunity Preserved. The Owner-Developer and the City agree
that the City does not, by entering in to this Contract or performing any act hereunder or
by failing to take any action hereunder, waive any governmental immunity that the City,
its officers, employees, or representatives, have under any law.
12.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Owner-Developer shall not be or constitute a breach of this
agreement by the other party of Owner-Developer.
12.11 Covenant Running With the Land. The obligations imposed on Owner-
Developers herein shall not impose personal liability on them, but shall constitute a
covenant running with the land, and as such shall be binding on the present owners of
the Tract as well as subsequent owners thereof.
OWNER-DEVELOPER
La Porte 81, Ltd.
La Porte 82, Ltd.
La Porte 115, Ltd.
Development Agreement(Draft)
Page 8 of 9
By:
Stuart Haynsworth, General Partner
Date:
CITY OF LA PORTE, TEXAS
By: ~~~d;!-U ~
City Manager
Date:
ATTEST:
Martha Gillett, City Secretary
APPROVED:
Development Agreement(Draft)
r~
Page 9 of 9