HomeMy WebLinkAboutO-2006-1501-G5 scup 06-005
9/10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: se:pe ber 11.2006
Requested By: Wayne J. sL
I
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 August 17,2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 06-
005 for proposed office/warehouse distribution center #2 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 733,800 square foot warehouse/distribution building along Pike Court
within the Underwood Business Park. The property is zoned Planned Unit Development (PUD) and shall be
developed in phases. Each additional reserve/phase of the project would require a subsequent Special Conditional Use
Permit, followed with a site plan submittal.
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 were issued for construction of a 432,000 square
foot office/warehouse building, a 900,000 square foot building, to be used as distribution centers, and other spec.
buildings. 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-
005 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 06-005 for a 46.141 acre tract out of :1::207 acres of land located along Old Underwood Road south of
State Highway 225 and Union Pacific Railroad.
Approved for City Council Al!enda
01
Debra B. Feazelle, City Ma
I (kJ91 tv \
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Date
ORDINANCE NO. 1501- G 5"
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 #SCU06-005 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 46.141 ACRE TRACT OUT OF ::l: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 1 ih day of August, 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 August 17, 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 18th day of August, 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- (;5
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 11th day of September, 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:
46.141 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-GS"
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 shall be in effect from and after its passage and approval.
Passed and approved this the tl"'- day of~ 2006.
CITY f\ LA PORTE (C)
. \JL~ Ci i~. \- ~
By. U,,\
ALTON PORTER, Mayor
ATTEST:
ByL-JJI.d<<~IL&li
M R HA GILLE ,City Secretary
APPROVED:
By: W~ -/hI~~
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 17th
day of August, 2006, in the Classroom of the La Porte Recreation and Fitness Center, 1322 South
Broadway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use
Permit Request #SCU 06-005, for 46.141 acres of land being Reserve G, in the Underwood
Business Park, located along Old Underwood Road. The property is further described as part of a
206.990 acre tract in the F. A. STAASHEN Subdivision, the 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 "Underwood Distribution Center II" 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 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, TRMC, CMC
City Secretary
A quorum o/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.
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_P8~,':[~,Cl.!iQ~iSJ?d me, the undersigned authority, on this date came and
-t8~'Jt:eq'?~~trd Sandra Bumgarner, a duly authorized representative of
:::~r. ......-;~tlryshore Sun, a semi-weekly newspaper published and
::~t~~~s~;.tS0i62~e~\y distributed in the City of La Porte, Harris County, Texas and
~ting'~-;9lcl};it,Hti9e,ryyoo(jter being duly sworn swears the attached notice was
;_ili~fra~~l~~~i~\~#~~~~r~[\d in The Bayshore Sun'dated O? ItJ,;l. / tJ (,
/206.990 acre tractmJl1e L, I ,
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subscribed before me this
,2006.
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KAROLYN KEllOGG
MY COMMISSION EXPIRES
Apri/11,2010
Apri/11,2010
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City of La Porte
Established 1892
August 18, 2006
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on August 17,2006, considered
Special Conditional Use Permit (SCUP) #SCU 06-005. The applicant, Clay Development and
Construction, Inc., seeks approval of a proposed distribution/warehouse facility 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), recommended that City Council consider
approval of Special Conditional Use Permit #SCU06-005 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.
Rr\ectfu:f SUb~...
r af,}\uf1~
Pat Muston
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
'7IXHIBIT 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
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 11th day of September,
2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 06-005, for
46.141 acres of land being Reserve G, in the Underwood Business Park, located along Old
Underwood Road. The property is further described as part of a 206.990 acre tract in the F. A.
STAASHEN Subdivision, the 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 "Underwood Distribution Center II" 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 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) 471-5030 for fUrther information.
1XH18ff D
THE STATE OFJJXtlS~ "
dCOlJN-rY OF HARRIS
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I C,ITY QF LA PORTE
Bth Street
Texas 77571
281-471-1234
Fax 281-471-5763
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. 'H HEARING .
'!J~\ho~P~~~;:~~~rF~; le B re Sun
!of Ordinilnces' of thepty
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"Ni'rj1itt}#S9H".ir, the undersigned authority, on this date came and
~irl..~:c"m . ...~'i~i..'j~~~~~~:~~:If;i~~~~~:~~~~~~:Jn~:~~!~::~o~
;.:;~rop~,~)'!#:f'i7~.206.9g6.3.:.).........1 being duly sworn, swears the attached notice was
bedaspart". ., """""A" .".....0 Th B h S d t d J /
'.a6r~Xjra i~A,me;'.~f:'.....'/.';3+'a e ays ore un a e 08 / C2 7 0 (.,.
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Sworn and subscribed before me this
OAA ~AL'\A-- ,2006.
c9q~
day of
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,!aro/yn Kellogg
Notary Public
Harris County, Texas
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KAROLYN KELLOGG'
MY COMMISSION EXPIRES ,
April 11, 2010
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My Commission Exprires Apri/11, 2010
BlT'E
City of La Porte
Special Conditional Use Permit # SCU 06-005
This permit is issued to:
Clav Development & Construction. Inc.
Owner or Agent
800 Gessner. Suite 850. Houston TX 77024
Address
For Development of:
Underwood Distribution Center II (733,800 SF.)
Development Name
Old Underwood Road at State Hiqhway 225
Address
Legal Description:
46.141 acres of land beinq Reserve "G" in a 206.990 acre tract
Out of Enoch Brinson Survey. A-5. La Porte. Harris Countv: TX.
Zoning:
Planned Unit Development (PUD)
Use:
Distribution/warehousinq facility
Permit Conditions:
1. This Special Conditional Use Permit (SCUP) is not applicable to any other 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 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 ramps/bays 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.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
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Staff Report
August 17, 2006
ReQuested by:
ReQuested for:
Location:
Present Zonine::
ReQuested Use:
Back2round:
Analvsis:
Undenvood Distribution Center II
Special Conditional Use Permit #SCU 06-005
Clay Development & Construction Inc.
c/o Danny Martin
46.141 acre tract out of 206.990 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel 1 under the Harris County
Clerk's File No. M032856, La Porte, Harris County, Texas.
Old Underwood Road and State Highway 225
Planned Unit Development (PUD)
Distribution Warehouse
Underwood Business Park, consisting of approximately 207 acres, is
located to the south of State Highway 225 and Union Pacific Railroad
(UPRR). The subject park is an approved business/industrial complex
located within the Planned Unit Development (PUD) zone along Old
Underwood Road. Clay Development and Construction, Inc.,
owner/developer, is proposing a distribution center consisting of
733,800 sq. ft. on a parcel of land being all of Reserve G in the
Underwood Business Park. The facility will have an entrance along
Pike Court, off Porter Road, 60' wide ingress/egress and utility
easement within the park off Old Underwood Road. Major access to the
park is through Battleground Road and State Highway 225.
This is an on going project that started with the construction of Poly
One and later the plans for 900,000 sq. ft., and 400,000 sq. ft.,
distribution/warehousing buildings were approved by the city
The subject property is zoned Planned Unit Development (PUD).
Development in a PUD zoning district requires an application for a
general plan be filed and processed simultaneously with the Special
Conditional Use Permit.
Section 106-659 of the Code of Ordinances establishes the following
criteria for review ofthe development projects within a PUD zone.
Land Use - The City's Land Use Plan shows this area developing with
industrial uses. The existing land uses of nearby properties are
predominantly industrial. The Battleground Industrial Park is located
just north of this development. In addition, the Battleground Industrial
District - Extra Territorial Jurisdiction (ETJ) of La Porte is located
north of State Highway 225.
Underwood Distribution Center II
SCU #06-005
8/17/06 P&Z
Page 2 of3
Transportation - The project is located near State Highway 225 and
Battleground Road, a primary arterial and major truck route. As a
result, this project provides more than adequate accessibility for
circulation of traffic. All traffic entering/existing will be through Porter
Road along Old Underwood Road. There should be limited impact on
traffic flow within the vicinity, even after full implementation of the
said business park. In addition, the traffic shall not be directed south of
Underwood Road as per plan submitted by the developer.
Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water. The developer has installed a new
water line for fire protection in the area. In addition, provisions must be
made to ensure sufficient utility extensions are provided to serve this
development. Storm water drainage will be managed by on-site
detention to mitigate any adverse impacts associated with this proposed
development.
Conclusion/
Recommendation
Staff feels that the project has potential and would make a significant
impact on economic development within the City of La Porte. Based
on the above analysis, staff recommends approval of the Special
Conditional Use Permit with the following conditions:
. This Special Conditional Use Permit is not applicable to any other
specific development anticipated or proposed by the General Plan.
. 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, and covenants.
. Provide on-site improvements, loading and unloading ramps/bays
that adequately handle the volume associated with this
distribution / warehousing facility.
Underwood Distribution Center II
SCU #06-005
8/17/06 P&Z
Page 3 of3
· Fire truck access, fire suppression requirements, and fire hydrant
placement shall be specified on the plans.
· 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.
· Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
· The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial of this SCUP.
· Recommend tabling this SCUP for further review.
13TH ST
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900,000 SQ. FT. BULK
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1,843.380 sq. M'.
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UNDERWOOD BUSINESS PARK
LA PORTE. TEXAS
LAND: *9,008674 sa.FT. - 206.8107 AC.
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IlIn'Jt:I nDlJDUD 7jQUtT J'R
UNDERWOOD
DISTRIBUTION CENTER II
PIKE COURT
REV ISSt.lEIlAn: IlDCftPTION
Cl r:n 7/Of IUl.lIl:~ANEW
VICINITY MAP
KEY MAP# 539-K
FLOODPLAIN INFORMATION
THIS TRACT OF LAND UES OUTSIDE THE
SOD-YEAR FLOOD PLAIN (ZONE "X"),
ACCORDING TO F,E.l',1.A.. FEDERAL
INSURANCE RATE lAAP NO. 48201CD930 J;
SAID MAP REVISED: NOVEMBER 6, 1996,
BENCHM....RK
BENCHMARK: HGCSD 42. ELEV.", 26."
REF. TO NAD 63, (GPS DBS - GEOI099). O.J
t..I1LES NORTH ALONG MILLER CVT...QfF RD.
mOM INTERSECTION Of MJLlER CUT-OFF RD.
&: ST.HWY. 225 AT MARK TO RIGHT INSIDE
sECURITY fENCE OF "ORAGO SUPPLY CO,"
LEGAL DUCRTPTION
A TRACT OR PARCEL Of' LAND CONTAINING
46.141 ACRES OF LAND, RESERV(' "'8",
UNDERWOOD BUSINESS PARK LOCATED IN
THE ENOCH B~INSON SURVEY, ABSTRACl 5.
HARRIS COUNTY, TEXAS, 6(ING CXJT or AND
A PART or THAT CERTAIN CALLED 206.990
ACRE TRACT or RECORD IN THE NAl.lE or
ST. JOE PAPER COMPANY IN J./ARRtS COUNTY
CLERK'S riLE (H.c.c,r,) NUMBER MOJ2B56
OWNER/DEVELOPER
=
8DO GESSNER, SUtTE 850
HOUSTON, TEXAS 77024
PHONE (113)789-2529
FAX (713)182.0755
m' OVERALL SITE PLAN
PftJNOr lIlC'
DA" "
D'M'l'm I'I\TR.
OlJCl)ft twIfl'M.
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