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HomeMy WebLinkAboutO-2003-1501-ZZ Tabled 6/9, 6/23, 7/14/03 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 9. 2003 Requested By: DOU2 Kneupper ~ Department: Plannin2 Appropriation Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance: ....K..- Amount Budgeted: N/A Exhibits: Ordinance Special Conditional Use Permit SCUP#03-001 Public notice responses Staff Report Memo to the Planning and Zoning Commission Aerial Map Site Plan /layout Amount Requested: Budgeted Item: N/A N/A SUMMARY & RECOMMENDATION In January, the Council approved a rezone of 20 acres on Barbour's Cut Blvd from Business Industrial (BI) to Planned Unit Development (PUD). The property owner, the Port of Houston Authority, seeks to construct a 14 lane Pre-Check Terminal. The rezoning was Step #1 in a series of needed approvals that must occur prior to developing the facility. Step #2 involves obtaining approval from the Planning and Zoning Commission and City Council for a Special Conditional Use Permit (SCUP). As a part of Step #2, the Port discussed their construction plans at the Planning and Zoning Commission's April 17, 2003 meeting. Prior to the Commission's May 15th meeting and public hearing, twenty-three (23) public hearing notices were mailed to property owners within 200' of the site. In addition, Staff obtained the Port's mailing list of properties within 500' ofthe proposed facility. After accounting for duplicates, nine (9) additional notices were mailed. Staff received a total of seven (7) responses: four (4) in favor of the SCUP, two (2) against and one (1) unsure. The responses are attached. After holding the public hearing, the Commission, by a unanimous vote (5-0), approved the SCUP with modifications. The Commission's report and recommendation was forwarded to Council on May 16th This proposed facility was a workshop item on Council's May 19th agenda. During the workshop, the Port and their consultant made a presentation explaining the need for the new facility, pollution issues, landscaping, utility issues and a lighting plan. Section 106-171 (6) of the Zoning ordinance requires the Council to act upon the Commission's report and recommendation within 30 days from the date it was submitted. The Council may affirm the Commission's recommendation or overrule the Commission by a % vote. Action Required bv Council: 1. Conduct a public hearing on SCUP#03-00 1. 2. Take action on SCUP#03-001. ~ 4- / ~ / a j j Ld/...... A / . wiU ~ ~ (J)~..uu:fJ1A'LW'-fO~ Lr-. {JWv, Council A enda ~ & -1-~3 Date "t,4 bL..GD &-1. tJ3 ORDINANCE NO. 1501-.~ Z- 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 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.769 ACRES ALONG EAST BARBOUR'S CUT BOULEVARD, BEING LOTS 17-32 BLOCK 438, LOTS 1-32 BLOCK 439 AND ADJOINING ALLEY, LOTS 1-16 BLOCK 974, LOTS 1-32 OF BLOCKS 975 THRU 979, AND ADJOINING ALLEYS WITHIN THESE BLOCKS AND PORTIONS OF 10TH, 11TH, 12TH AVENUES, BROWNELL, NUGENT, HOLMES AND CARROLL STREETS, OUT OF JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING A TRUCK PRE-CHECK FACILITY 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 15th day of May, 2003, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on May 15, 2003, 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 ORDINANCE NO. 1501-l. V Page 2 Commission, by letter dated May 16, 2003, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 9th day of June, 2003, 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 said Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit are as follows, to-wit: 20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, lots 1-32 block 439 and adjoining alley, lots 1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter Survey, Abstract-35, 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 NO. 1501- Z- 7- Page 3 Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council official finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required 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 9th day of June, 2003. CITY OF LA PORTE By: NORMAN MALONE, Mayor ATTEST: By: MARTHA GILLETT, 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 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 15th day of May, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU03-001, requested for 20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots 1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and portions of 101h, ll1h, 121hAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter League, Abstract-35, City of La Porte, Harris County, Texas. The applicant, Port of Houston Authority, seeks to develop a Truck Pre-Check facility in the Planned Unit Development (PUD) zoning district. In accordance with Section 106-216 of the Code of Ordinances, a special conditional use permit is required for development in the PUD zoning district. A regular meeting of the Planning and Zoning Commission will follow the public hearing. The Commission will act upon the public hearing items and conduct other matters. Citizens wishing to address the Commission pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471- 5020 or TDD Line (281) 471-5030for further information. I!XHlBtT A ~.!at...~L.......--__",-_..~...~ '!~"-:'-\-~~':' - [th 8th Street ',Tex2577571 THE STATE OF TEXAS 1".... _' .......... iCOUNTY OF HARRIS .... i I JCITY OF LA PO[fi:...". 1 . t i NOTICE OF PUBLIC l,n~~'~~le ' provisions- of SectlQn 106-'" ' 171 of the Code of Ordi- nances of the City. of La Porte. and tt)eprovlsions of the Texas Local Gov- ernment CodEl. .'. notice' is hereby given'. that. the .La Porte Planning and Zoning '. Commission will conduct ato I public hearing at 8:00 P.M., -: J on . 15th day of MaV,-liS I ~003. in!t~I..,'counCil3 iw t i~ Fi ..' , iib Te s" '. . f- "". . !pose of is art~. ~tO.3 underslgnea autnxl;Y, on thiS date \ consider.S at. Qndl- " f. _ " .' . , ; tionaI(U . ......f..p._'eared Karolyn Kel,an, c. dul) au,nonzea l #SCU03-oo1.'r~uested of The Bayshore SUI, '" ssmi.\,','eek!y ~ for..20.769..,acres 'along. I' h d d . Ii d' 'j' d' , East Baro.our'li,pI!tBoule- JIIS e an genera 'i :S~(! u.e In tne . vard;belng)ofS17-~2." Harrl"s Coun'" T="x;::- -,"'~1 \'/~'" ~ block 438.block 439. lots -, .lJ 1 ~ ..;, Ci 1-.' · I ,'-' 11-16 block 974. lots 1-32( sworn, swears the e.ttcched ,notice \'/as i..'~.~.~.'~.n.:.U:$.'.}~'9 Bayshore Sun deted L"i 1]0/03 1 of10th.t1th, . 12th Ave- Inues, B~o~ell, .,~ugent. i Holmes '\ and} . Carroll i. Streets. out of the Johnson Hunter League, Abstract- . 35. City of La Porte, Hams County, Texas. The appli- cant, Port of Houston Au- thority, seeks to develop a Truck Pre ~Check facility in the Planned Unit Develop- )f .. BaysHDre 'Sen'ing The Bayshore Area Since 1947' I / K2ro\'n Kellogg f:.I~l xizeci Re,:xes9"tative S'.':Oin 2nd subscribed bsfore me tl'S .:2 F -r"" day of );'Io.-<-J/ t' ~e // /! :_....~{:<./_.. /6 . ! -::X.~ ^y"H::;'t'",-'vt.<..'- ,~' -~ ',:,,:>-- S~""'i:"2 E. Bij,ll;J:itnS-i" '.1_10_.... C, ,'.-. r .'-" 11 _'.:-. J l l; ..) I..." H? ..ti s (;C. ..!:-I ~ '/. T exE. S 2S1-471.1234 L:x: 281-471-5763 Sun ,2003 'I!XHJIIT B City of La Porte Established 1892 May 16,2003 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: The La Porte Planning and Zoning Commission, during a regular meeting on May 15,2003, considered a Special Conditional Use Permit #SCU 03-001. The applicant, Port of Houston Authority, seeks approval to allow a truck pre-check facility along E. Barbour's Cut Boulevard. Earlier, the Commission heard their development proposal as a workshop item during the April 17,2003 meeting. After careful consideration, the Planning and Zoning Commission has, by unanimous vote, recommended that City Council consider approval of Special Conditional Use Permit #SCU 03- 001 with the following conditions in place: 1. Adhere to the terms provided in the Home Owner's Assurance Plan. 2. Ensure that at least 30 percent of the property consists oflandscaping and/or screemng. 3. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. Provide "in fill" plantings of trees and shrubs. 4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 5. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to increase the likelihood that vines/greenery will attach to the wall. 6. Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on site and does not affect nearby residences. 7. Enhance the building fa~e that is architecturally and aesthetically pleasing. Design must be approved by the Planning and Zoning Commission. 8. Prohibit the overnight parking oftrucks at the facility. 9. Hours of operation shall be no earlier than 7 am and later than 6 pm. 10. The applicant will pay the public hearing costs. 11. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Respectfully Submitt~ "'"c)4.W~uf;:;.,v Betty T. Waters Planning and Zoning Commission, Chairperson 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 IIOIStT 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 9th day of June, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU03-001, requested for 20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots 1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter League, Abstract-35, City of La Porte, Harris County, Texas. The applicant, Port of Houston Authority, seeks to develop a Truck Pre-Check facility in the Planned Unit Development (PUD) zoning district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use Permit (SCUP) is required for development in the PUD zoning district. A regular meeting of the City Council will follow the public hearing. The Council will act upon the public hearing items and conduct other matters. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471- 5020 or TDD Line (281) 471-5030 for further information. !XHI8IT D -=_-~-=" luth 8th Stre,:t THE STATE OF TEXAS > te, Texas 77571 COUNTY OF HARRIS CITY OF LA PORTE t.",.~;~.:- _,:' . 2S1.~il.123-+ f2\: 2S1.~il.5i63 .)1 Baysl:(j)re Sun 'Sen-ing TIl€ Bayshore Area Since 1947' " 'O'r'-fClfl1...u. Urn! .uevelop- ment (PUD) zoning district. S In accordance witn Section 106-216 oUtle Code of Or- dinances, a Special Condi- e undersigned authority', on this de.te tional Use Permit (SCUP) is required for. develop- ::>eared Karolyn Keilon, Co duly authorized ment in the PUDzoning f Th B h S . f r district. 0 e e.ys ore IJl, 2. Seml-'.':eer\IY >i< .. .... . Jblished and ge~er"diy dis~ributed in the A'reg~larmeetingof the -te, Harris Count)', Texas 2nd \'iho City,CounCi,' Wi'.' fO!low.the.1Iy s"/orn s"/c:>::>r- tn' ~ 2~.-,-'n=..J nO~I"~e \"as publiC heanng. ThE:) Coun- ' " ~-;:, - ,lev ~'" . ~. -,. ,cif.wpla7tuporlthe public "he Bayshore Sun dated !)5/-2 $- It) 3 heanns. iterns,.andpo2duct ' I Fother matters:,.; < / ;': Th' . "'ty h .J' b'l' Js:ribed before me tl's I~,f ,H day of '7hCL-'--1-. ,s ,aC/il as Lilsa Il/ty C) () ~'f:/%:u~~:~n~r :::;~~ . __.,~~~~_ ~. /~~n~_[~.."Ai~./'I/I"("~A...-' j,>modations or interpretive....} services at meetings S ? i :: - 2, E. 8.1.'7l;J? ~ n :; " 'should be. made 48 hours prior. to.. ... the; meeting, Please contact. the City Secretary's office at (281)471-5020 or.. TDD Line (281)471-5030 for fur- ther information. ,",<,", I;;;/'"C;-~[)'~:-~' ,- "t:1 ~_:'i',;::'-i" .>.: C:,-'_'0 - Citizens' wishing to ad- dress the Council pro or : con du~ng the public hear- . iog- are required to. sign in . before. the meeting is con- vened. CITY OF LA PORTE .' <-.:-:,_.- '....:.'.. -"..- ..,<.... >.,' ,--: ....... -.,....,..,.. . Martha Gillett . .: City Secretary ~ t ) j } /" ,j /1 / \ i 1 il \..:.\.., ., i / II, /' _Y.l/ .....; f.; ,-:(J./ VI" 'I. ( .{\ , ) i. " I. ~ J.-_ "';;' i 1 l J K2-0:yn f<ello};) .. r~' ~:7-',"l R".-. .,. -0 ,~., 0. ,l-,.I'.1:),1_0:::" ::::,:JI e;:,~nl~.lIV~ ,2003 r t _. ~ .::" .' p,! f~1 !- ,_ . _. ) I l.... ~ \-' !-' ;: ......::: C ,rl' I ,,....., ~\ -' I I... ,1_ '"' ..." I,..' I Te:':23 ') t!XHIIT E City of La Porte Special Conditional Use Permit # SCU 03-001 This permit is issued to: Port of Houston Authority Owner or Agent P.O.Box 2562 Houston. TX 77252 Address For Development of: Port of Houston Authority Pre-check truck facility Development Name East Barbour's Cut Blvd. La Porte. TX Address Legal Description: 20.7 acres of land being lots 17-32 of block 438. lots 1-32 block 439 and adioining alley. lots 1-16 block 974. lots 1-32 of blocks 975 through 979 and adioining alleys within these blocks and portions of 10th. 11th. and 1ih Aves.. Brownell. Nugent. Holmes and Carroll Streets. out of the Johnson Hunter League. A-35 City of La Porte. Harris County. Texas. Zoning: Planned Unit Development (PUD) Use: Pre-check truck facility Permit Conditions: 1. Adhere to the terms provided in the Home owner's Assurance plan. 2. Ensure that at least 30 percent of the property consists of landscaping and/or screening. 3. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. Provide "in fill" plantings of trees and shrubs. 4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 5. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to increase the likelihood that vines/greenery will attach to the wall. 6. Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on site and does not affect nearby residences. 7. Enhance the building fayade so that is architecturally and aesthetically pleasing. Design must be approved by the Planning and Zoning Commission. 8. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. 9. Hours of operation shall be no earlier than 7 am and no later than 6 pm. 10. The applicant will pay the public hearing costs. 11. 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. Validation Date: Director of Planning City Secretary fIJGIBtT'lF A Meeting of the La Porte RECEIVED Phmning- and Zoning" Commission (Type of Meeting) MAY 1 5 2003 Scheduled for PLANNING DEPT. May 15, 2003 (Date of Meeting) to Consider Special Conditional Use Permit #SCU 03-001 (Type of Request) ~ .~ I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: ~~~~}li~ ~/) 7. ~/..l IV u e-~ f'Il f.) Address I h-ft rp~rE: -rx. 71~7, , City, State, Zip Scheduled for RECEIVED MAY 1 2 2003 PLANNING DEPT A Meeting of the La Porte Phnning- and Zo~ Commission (Type of Meeting) May 15, 2003 (Date of Meeting) to Consider Special Conditional Use Permit #SCU 03-001 (Type of Request) I have received notice of the above referenced public hearing, I am in FAVOR of granting this request for the following reasons: /)~ ", d. /J ',.7.1 .,~ ")', . '} .-#-/1. L~~ .." ~ y ;f..At:.<<::../ ,L-c~ .J:::.<!~,'G?___ r~~#!:. (,<2~~.ck:._ ~ /,; / ,~ >' (J J /!liL,~/"._t c9-r'.A:''7U ,L-/S / _}7 /JJ2iC 1"9/,- 0-0~.4-f'~ L- !- f:s ;Z Y - 32 ,Me r }?/ - ~S~07-e.?-€-. I am OPPOSED to granting this request for the following reasons: 1':/7 ~~ ~.</ ~,,~.;Z-L/ (/.~ ~. LC4/' /~_.r-<.Le....-' ::t-L.-;? ~d4' u/-u!!e h--<..<.....e...-e-<..J II cf ' , '1 / .. e-j ~-;7 &'[~ ~ - ,::,z"/i.--<-ttJ....-' tL-zeL. r~-, '~.?-~L U~..kZ..) / ."1 7 / . if A-L2'. U'~J //;;: ! E/1/ ;41. tuks-h;:: 11/ . Name (please print) /;h I;~ )-I/7"} ~? . ---r-:-.. ; ,.. /'..r02-?(" //1 7:~<"/ Signature /,?/~ 1 bEL-f4Sf Address .,-~' /~.-', ~ 7 7 r7/ City, State: Zip A Meeting of the La Porte Pbnning and Zon.ing Commission (Type of Meeting) Scheduled for RECEIVED to Consider MAY 0 9 2003 PLANNING DEPT. May 15, 2003 (Date of Meeting) Special Conditional Use Permit #SCU 03-001 (Type of Request) - I have received notice of the above referenced public hearing, I pn in FAVOR of granting this request for the following reasons: , I .-.0'..,.-/ Cl~( /' un . r .) \ (~!.;.__. (I ,:(,~'i< <, 1; "', ../ 'IO'~ ,:, " C f~ ?'-t'~, ,f.~ <', ",",_ ,;,',,' -:- .~ :'7 r - ~ " ';':'~""" "''-'<"7'--) , i) I am OPPOSED to granting this request for the following reasons: j Ii ki j i/ I V ,J..' F "/, " -I ' I /- I" . '\ u '.! '{\ ,. fl. ",,; .,' \ ' 'I Name (please print) , :(..-:>1 ' " I i " ! ii ~(t <k : >~(t k L~/\'-...".~._,_ ,Aignature "'I ,') I ( /\/ I I /,..,,/ . , Ie " Address / (' /) ,or}' / ',/, '{",' ,'- --. (,,', ",,' City, State, Zip "T \ i' f ,~ ./ { l """,,; I' / ' '7 / Scheduled for RECEIVED MAY 0 7 ?nrn PLANN ING DEPr A Meeting of the La Porte Pl~ and Zoni.ng Commission (Type of Meeting) May 15, 2003 (Date of Meeting) to Consider Special Conditional Use Permit #SCU 03-001 (Type of Request) --. I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: IT ,A1/~Y 6Y\/rM,J<:e: Tl+-C: 1./4 Lv C It--JJ i) 4fb ;N S.€- LC l,Jc; <'..: (, /!..... P.I.l.oPE /z..,....V I I am OPPOSED to granting this request for the following reasons: Ij,~ we ~ 11. 5/"1 , ri-{ t:'~~~~W /; . . Slgnature (d- /7 /.J tJ ,< (9..)72 Address /Iz; I.; S n tJ '7(-. City, State, Zip 7 ? 2..L k: r:. .'" r" ., n s Pt!v ;'<-,~ Tl E S LTD. A Meeting of the La Porte RECEIVED Pl~ and Zoning Commission (Type of Meeting) MAY 0 7 (oni Scheduled for PLANNING DEPT, May 15, 2003 (Date of Meeting) to Consider Special Conditional Use Permit #SCU 03-001 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 2{Je Me ..-?-7e<e-k .~-'<Kd--/~/~"(/#Lf r ..4'Cl'e .--L't'rzt~(..t?tI "e~/~ ~ ~~~ ~?- I am OPPOSED to granting this request for the following reasons: c. ;; i3 e. ,/ cj ~ r;. iJ 1"-~ Name (pllase print) ~ &~A~~/ ~ature 1/1 j~/ Ii/' e c: j( C' .,....rd<:.J f. , Address .ftd --;-1 c.~~. 71 :J .?~1 City, State, Zip Scheduled for RECEII/' MAY () ~,t003 PlANNI . A Meeting of the La Porte Pbnning and Zon.ing Commission (Type of Meeting) May 15, 2003 (Date of Meeting) to Consider Special Conditional Use Permit #SCU 03-001 (Type of Request) -, J......'Pl!!l I have received notice of the above referenced public hearing, ~ FAVOR of granting this request for the following reasons: V ~'l-UW /(( (I d~.fr"hn;" I am OPPOSED to granting this request for the following reasons: /llltatE8J /J)lIitiJe[ L- Name (please print) J ~.fn~ Signatu~ ~ !.j- 5', Ill: 4 eJ(/ I-- 5-1-_ cjJ 1ddress / (7Y:(!~fZ 715'7/ City, State, ip A Meeting of the La Porte Pbnning and Zoning Commission (Type of Meeting) RECEIVED MAY 0 5 2003 Scheduled for May 15, 2003 (Date of Meeting) PLANNING DEPT. to Consider Special Conditional Use Permit #SCU 03-001 (Type of Request) -- I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: -rEI/!/;U6 D6~.J~ 7t'cES) VO/SE) EXI//lus/ FuNES) Fu/yE5 Fl<o~f il-Sfflt1LT; P;<.oPEl?ry VItLUE) wlLf)L/F€y- -:IF THE ~../T~.'6MAJT5 TJ-//)!<EQ.UGST; THEN CUT dli Ift7C)c)(x/3- {'flECK AjJD t:?/J/c liE {;tJ 019Y5 10 /(01/&.' 3/()AJ. pRCJw~ELr:.. S'T . /J Address L.118ATS TY, 'If)5/! City, State, Zip -PS, '1uU f)O/u'T 1-51;/E f~OU611 JOCYI!b.-f n LL /1 Y Co ()/<lPLIJ I V I S ~ Staff Report May 15, 2003 ReQuested by: ReQuested for: Location: Present Zonin2: ReQuested Use: Back2round: Port of Houston Authority Special Conditional Use Permit #SCU 03-001 Port of Houston Authority c/o Brenda K. McDonald, Real Estate Manager represented by Kent Marsh, Knudson and Associates 20.7 acres of land being lots 17-32 of block 438; lots 1-32 block 439 and adjoining alley; lots 1-16 block 974; lots 1-32 of blocks 975, 976, 977, 978, thru 979; and adjoining alleys within these blocks and portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter League, Abstract-35, City of La Porte, Harris County, Texas. E. Barbour's Cut Boulevard (near the City of La Porte's city limits) Planned Unit Development (PUD) Entry Pre-check Facility This site consists of 20.7 acres located on East Barbour's Cut Boulevard. The city limits of La Porte lines run parallel to the property line along Barbour's Cut Boulevard. The Port of Houston Authority's container facilities are located on the north of the said property across Barbour's Cut Boulevard. At the site in question, the Port of Houston Authority is proposing a truck pre-check facility with a combined total of 14 truck lanes. The facility would have two entry points and an exit gate along Barbour's Cut Boulevard. The Planning and Zoning Commission, during its December 19, 2002 meeting, held a public hearing to receive citizen comments regarding rezone request by the Port of Houston Authority. The Commission recommended to Council approval of this rezone from Business Industrial (BI) to Planned Unit Development (PUD). City Council approved your recommendation at their January 13,2003 meeting. The purpose of the PUD zoning district is to provide for the development as an integrated coordinated unit as opposed to traditional parcel-by-parcel, piecemeal, sporadic, and unplanned approach to development. The PUD zoning assigned to this tract is to a great extent based on the large amount of undeveloped, unsubdivided acreage located in this area. The PUD development requirements are an effective means to ensure that development of this tract would be in accordance with the sound planning guidelines. Port of Houston Authority 5/15/03 P&z Meeting Page 2 of 4 Analvsis: The development in a PUD zoning district requires that an application for a general plan or site plan shall be filed and processed simultaneously with the Special Conditional Use Permit. Upon approval of the plan and SCUP, the Port would be authorized to submit a Major Development Site Plan. In addition to performance standards, there are a number of development standards that are specified by the Zoning Ordinance. These standards are applicable to all P.UD. developments. Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.UD. zoning district: Land Use - The City's Comprehensive Plan shows this area developing with industrial uses. The existing land uses of nearby properties are primarily industrial (the Port Authority's main facility); however, there are single-family residences south of the undeveloped "E" Street right-of-way. In general, high intensity uses should be adjacent to each other. When higher uses abut residential uses buffering must occur to protect the health, safety, and general welfare of neighborhoods. As a part of the Port's site plan, they will incorporate a berm, landscaping, and a masonry wall to protect the adjacent residential from the activities of the proposed pre-check facility. In addition, the undeveloped wooded "E Street" right-of-way will remain in tact. Transportation - Being located along Barbour's Cut Boulevard, a primary arterial road and major truck route, provides more than adequate accessibility for circulation of truck traffic. There should be very limited impact on traffic flow within the vicinity even after full implementation of the proposed project. The two private drives and truck parking areas will be designed and constructed in conformance with City Standards. Since trucking movement is the primary function of the facility, access management and circulation should be the top priority while designing the project. Driveways connecting directly onto the roadway should be minimized to avoid traffic congestion and other delays caused by turning movements for the eighteen-wheelers entering and exiting the facility. In addition, the pre-check facility will lessen the amount of time trucks spend idling on Barbour's Cut Blvd. This results in fewer NOx being released in the air. Port of Houston Authority 5/15/03 P&z Meeting Page 3 of 4 Conclusion: 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 and fire protection in the area. In addition, provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. Storm water drainage will require on-site detention to mitigate any adverse impacts associated with this proposed development. Landscaping / Screening - Barbour's Cut Boulevard is the main truck route to and from the Barbour's Cut Terminal facility. As a result, numerous trucking services related businesses are located along this corridor. There is a small residential zoned undeveloped area to the southeast of the property across North "E" Street. An unimproved ROW adjacent to this property can serve as a buffer between trucking activities along Barbour's Cut Boulevard and residential area. In addition, the proposed development will be screened from the neighboring residential with a proposed landscape berm along south property line. In addition, the Port is planning an integrated themed landscape along Barbour's Cut Boulevard. Based on the above analysis, staff recommends approval of the plan for this 20.7 acres tract and the Special Conditional Use Permit with the following conditions: . Adhere to the terms provided in the Home owner's Assurance plan. . Ensure that at least 30 percent ofthe property consists of landscaping and/or screening. . Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs to remain as natural buffer. Provide "in fill" plantings of trees and shrubs. . Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. . Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to increase the likelihood that vines/greenery will attach to the wall. . Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on site and does not affect nearby residences. . Enhance the building fa9ade so that is architecturally and aesthetically pleasing. Design must be approved by the Planning and Zoning Commission. F!s%~~ls~!J1~92 Memo cc: Planning and Zoning Commissioners Gwen Goodwin, City Planner CACC:( .j Doug Kneupper, Director of Planning 4/11/03 To: From: Date: Rei: Presentation of the Port of Houston Authority's proposed pre-check gate facility Over the last two years, the Port of Houston Authority worked diligently with Staff and property owners to develop a 14-lane Pre-check gate facility proposed on 20 acres on Barbour's Cut Blvd. During these discussions, Staff and property owners developed a list of concerns regarding this development. These concerns are as follows: . Impact of noise & sound pollution generated by the development . Lighting and illumination of near by residences. . Increased hours of operation & truck traffic associated with the facility; and concerns about increased truck activity. . Devaluation of adjacent residential units and the expansion of the Port's property into the neighborhood. To provide the property owners with answers, the Port developed special studies involving noise levels, pollution, property values, and landscaping. (Copies of the documents are available from Staff.) At the Commission's April 17, 2003 meeting, the Port will present their findings regarding these issues. In addition, the Port is interested in obtaining the Commission's input regarding landscaping, the sound wall design and other matters about the project. This time will also provide the Commission with an opportunity to ask questions about the proposed development. 604 W. Fairmont Parkway . La Porte, Texas 77571 . 281-471-5020 Port of Houston Authority 5/15/03 P&Z Meeting Page 4 of 4 . Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. . Hours of operation shall be no earlier than 7 am and no later than 6 pm. . The applicant will pay the public hearing costs. . 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. . Continue the public hearing at the Commission's next regular meeting to allow additional testimony and further study of this item. This results in tabling any action on this item. ~ LEGEND = EXISTING ZONING BOUNDARIES = PROPOSED P.O.H. SITE