HomeMy WebLinkAboutO-2008-1501-H6 scup08-004 DISMISSED because 1501-G6, Denied;exterior material storage and operation of lay down yard in
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AUl!ust 11.2008
Requ",,'ed By' Tim Tietjeu, /1 A~
Department: Planninl! ~
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution: _Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
p & Z Staff Report
Aerial Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
This request is contingent upon approval of a zone change from General Commercial (GC) and Large Lot
Residential (LL) to Planned Unit Development (PUD).
The Planning and Zoning Commission, during their July 17, 2008, meeting, held a public hearing to receive citizen comments
regarding Rezone Request #R08-001. This request is for the company located at 1241 Underwood Road. The subject tract comprises
21.289 acres ofland, described as lots 367, 368, 369, and 370, La Porte Outlots with multiple zoning classifications. Front portion of
the facility along Underwood Road is zoned General Commercial (GC) while the rear portion protrudes into Large Lot Residential
(LL) zoning district. Land Use Map show identical uses, i.e. commercial on the front and residential in the back. The main access to
the property is along Underwood Road, and most abutting property is residential or undeveloped.
A part of the proposal is to request a rezone from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD) for utilizing the entire property to the fullest extent. The portion of the facility located within the present general
commercial zone is operating legally as a pre-existing and non-conforming use. However, the pre-existing, non-conforming use
registered in the general commercial zone did not authorize use of the residentially zoned portion of the property. In addition, exterior
material storage or work activities, which are prohibited in the residential zone, were previously abandoned. A special conditional use
permit along with a development site plan for establishing a PUD district will bring the property in substantial compliance with the
Code of Ordinances for a transitional period. Special Conditional Use Permit shall allow the City and the developer to be innovative
and more effective, consistent with the City's Land Use Map, Comprehensive Plan and compatible with the surrounding properties in
the long term.
As required by Ordinance, twelve notices of public hearing were mailed to property owners within 200' radius circle ofthe site. One
response received in favor and none opposed to this request. Granting this Special Conditional Use Permit will begin the process of
bringing the operation into compliance and long term consistency with the Land Use Plan.
The Planning and Zoning Commission, by a unanimous vote, recommends to City Council approval of Special Conditional Use
Permit #SCU08-004 with the conditions listed in the draft SCUP attached herewith.
Action Reauired bv Council:
1. Conduct public hearing.
on sider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 08-004 for a
.289 acre tract of land located at 1241 Underwood Road.
~ 1
Ron Bottoms, City Manager
Date
~em cJ; Srn ;ss-ed.. h:J
+n ( e 2-0 f'.l ^j r ~ 1 J e:-
II I _ rga I 11~
ORDINANCE NO. 1501- rT w tr't ni ev/
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 #SCU08-004 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: DESCRIBED AS 21.289 ACRES OF LAND
DESCIRIBED AS LOTS 367, 368, 369A AND 370, LA PORTE OUTLOTS (VOLUME 61, PAGE 374 AS
PER H.C.D.R.) BEING SITUATED IN THE ENOCH BRINSON SURVEY, ABSTRACT NO.5 AND N.
CLOPPER SURVEY, ABSTRACT NO. 198, CITY OF LA PORTE, HARRIS COUNTY, TEXAS, FOR
EXTERIOR MATERIALS STORAGE AND LAY DOWN YARD IN 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 1ih day of July, 2008, at 6:00 p.m. a Public Hearing was
held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. On July 17, 2008, 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 July, 2008, 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- Ii ~
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 August, 2008, 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:
21.289 acre parcel of land, described as Lots 367, 368, 369A, and 370, La Porte Outlots
(Volume 61, Page 374 as per H.C.O.R.) and being situated in the Enoch Brinson Survey,
Abstract No.5 and N. Clopper Survey, Abstract No. 198, 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- ~ (,
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
day of
,2008.
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
APP~
By: d~~ 7: ~~
C K ASKINS, Assistant City Attorney
#SCU08-004
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 July, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU08-004, for the property located at 1241 Underwood Road. The property is further
described as 21.289 acres being out oflots 367,368,369, 369A, and 370 of the La Porte,
Volume 61, Page 374 of the H.C.D.R. and being situated in the Enoch Brinson Survey, Abstract
No.5, of the City of La Porte, Harris County, Texas. The request submitted by SWINC
Acquisition, Inc., seeks approval of a permit for an exterior material storage and a lay down yard.
A Special Conditional Use Permit is required for the proposed development to be located within
Planned Unit Development (PUD) per Section 106-637 of the Code of Ordinances.
A special called meeting of the Planning and Zoning Commission will follow the public
hearing for the purpose of considering the public hearing item and to conduct other matters
pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
EXHIBIT A
a Poria - Planning and
:oning Commission will
onduct .,a ,.pYblil: , hearing
It 6:00 P.M. on the 17th
lay of July, 2008. in the
:ouncil Chambers of the 820 S 8 h S t
:ity Hall, 604 West Fair- . t tree
non! parkway, La Porte,1a Porte Texas 77571
"exas. The purpose of ~ ,
his hearing is to consider:
lpeclal Conditional Use
~~~0lMl03, 'wh~eq~: irr h
IeEin requested fora 2.44
Icre tract described as
ols 1 thru 32, block 867, ,
ncluding TR A.ahan- II e
Ioned alley, Town of La
>orte, Johnson Hunter
3urvey, Abstract 35, La I
>Orte, Harris Counly,
rexas. The property is
ocated in the 900 block
)f S. 14th Street.' Pastor
<aran Wilhelm. c/o ,Christ
_utheran Church is seek-
ng approval of a permn
'or the development of
NOmen recoverylacility,
Nhich is classified as a
:onditional use' in a Light
Industrial (1I) zone.
, regular . meeting of the
Planning' and Zoning
COmmission will follow
the public hearing for the
purpose' ofaeling upon
lhe ,public hearing nema
and to conduct other mat-
lers pertaining to the
Commission.
Citizens wishing to ad-
dress the Commission
pro or . con during the
Public Hearing will be re-
quiied to sign in before
the meeting is convened.
,s '~AT"",,,,'F. TE
. 'I' '
FH
'N C FPUBL
HEARING
281-471-1234
Fax 281-471-5763
re Sun
RE:
PUBLIC NOTICE
CITY OF LA PORTE
SPEC COND PERMIT #SCU08-004
City of La Porte
ounty of Harris
tate of Texas
efore me, the undersigned authority, on this date came and
ppeared Adam Yanelli, a duly authorized representative of The
ayshore Sun, a semi-weekly newspaper published and generally
istributed in the City of La Porte, Harris County, Texas and who
fter being Iy r , swears the attached notice was published in
he Baysh u 6/29/08
In accordance the
provisions of Section
106-171 of the of
Ordinances of th City of
La Porte, and provi-
sions of the "Ii s Local
Government C notice
is h!lreby,' that the
La POrte P and
Zoning Com n will
conduct a ic hearing
at 6:00 P.M., ,the 17th
day oFJuly i , in the
bars of the
West Fair,
La Porte,
purpose .. of
is to consider
dilional Use
Request
. for the
tedat 1241
Road. The
is further de-
s, 21.289 acres
of lots 367, 368,
, and 370 of the
e, Volume 61,
4 of the H.C.D.R.
I
fworn
\June
I
i
,
and subscribed before me this
,2008.
30th
day of
1
,otary Public
~arris County, Texas
-j
'S
ti
o
~y Commission Exprires 03-13-2012
q
c
~
v
i
EXH!BJT ~
City of La Porte
Established 1892
July 18, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU08-004
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on July 17,2008,
considered Special Conditional Use Permit #SCU08-004, for 21.289 acres ofland located at 1241
Underwood Road, further described as Lots 367, 368, 369, 369a, and 370, La Porte Outlots, Enoch
Brinson Survey, Abstract 5, City of La Porte, Harris County, Texas. The applicant, SWINC
Acquisition, Inc., seeks a permit to accommodate expansion ofthe current business by utilizing the
entire property to the fullest extent.
After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends
that City Council consider approval of Special Conditional Use Permit #SCU08-004 with the
conditions as listed in the SCUP attached.
?;1~:;?'
t~t Mllst~n
Chairperson, Planning and Zoning Commission
c: Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXhibiT C
#SCU08-004
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 August, 2008,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU08-004, for the
property located at 1241 Underwood Road. The property is further described as 21.289 acres
being out oflots 367, 368, 369, 369A, and 370 of the La Porte, Volume 61, Page 374 of the
H.C.D.R. and being situated in the Enoch Brinson Survey, Abstract No.5, of the City of La
Porte, Harris County, Texas. The request submitted by SWINC Acquisition, Inc., seeks approval
of a permit for an exterior material storage and a lay down yard. A Special Conditional Use Permit
is required for the proposed development to be located within 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 a/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.
EXHIBIT D
~ ~ '. ....~a ~~Ort~; ~~x~~r~~b1
l?-171.<ofthe Codec.Of.iTh B
dinances of . e City 0(,
. Porte,' ancj the provi- e
:~:m~~n:he :s ~o~~.
hereby gi that the.
Porte' uneil will
nduct a lie hearing
6:00 P.M. n the 11th
IY of Aug t, 2008, in
3 Council ambers of
3 City H 604 West
lirmont kway, La
,rte, Texas. The pur- C't f L P rt
oSe of this aring is to I Y 0 a 0 e
~:\der Use ~~mit Co~:County of Harris
lest liS ,lorS fT
9 prop located at tate 0 exas
!41 Unde Road. '
Ie property further de-
,ribed as .289 acres B f h d' d th' h' d d
ling out of 367, 368, e ore me, t e un erslgne au onty, on t IS ate came an
i9, 369A, 370 of the, , . .
I Porte, "ume 61, ,appeared Adam Yanelll, a duly authonzed representative of The
Ige 374 of the H.C.D.R. , ,
~~:eingBr ed ~u~=;'jBayshore Sun, a semI-weekly newspaper published and generally
)stra~ No. ~f theH~:~,distributed in the City of La Porte, Harris County, Texas and who
~:ty, Tes The r~~'after being duly sworn, swears the attached notice was published in
NINC A n, Inc., The Baysh e Sun d ted 7/27 /08
leks appr of a per-
R for an lderior mate-
II storage and a lay
>wn yard. i A Special
ondRional e Permit is
,quired for' e proposed
3VelOpment 0 be 10-
Ited within Planned Unit,^
evelopment (PUD) per /""\
9clion 1 7 of the'
ode of Ordi es.
281-471-1234
Fax 281-471-5763
re Sun
RE:
PUBLIC NOTICE
CITY OF LA PORTE
SCU-08-004
g of the
follow the !
the pur.,
ring the
em and to
matters '
ouneil I' "'Sworn and subscribed before me this 2 9 th
itizens . I. g to ad- July 2008
ress the COUncil pro or , ,.
In during the PUbliC~' J ~
earing will be required
) sign in before' the
-....."" C . __It( -d:
Notary Public
Harris County, Texas
day of
My Commission Exprires 03-13-2012
LUIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIII 11111' 1111'1111 U
;. ~y .~, DEBORAH SUE STOUT E
i ~<' NOTARY PUBUC =
S * ~. * STATE OF TEXAS =
E ""'>t 0'f1'....~ Comm. Exp. 03-13-2012 S
it I ..mumunn 11111111 J mm Ii III n II m 11I11 In
EXHIBIT
~
~
City of La Porte
Special Conditional Use Permit # SCU 08-004
This permit is issued to:
SWINC Acquisition, Inc. (Marcus Deal)
Owner or Agent
1241 Underwood Road, La Porte, TX 77571
Address
For Development of:
SWINC Acquisition, Inc.
Development Name
1241 Underwood Road, La Porte, TX 77571
Address
Legal Description:
11.289 acres of land beinQ out of Lots 367, 368, 369 7 370
La Porte Outlots, La Porte, Harris County, TX
Zoning:
Planned Unit Development (PUD)
Use:
Construction, maintenance, and fabrication yard
Permit Conditions:
1. Planned Unit Development (PUD) status shall allow light industrial use consisting of
construction, maintenance, and fabrication activity for a period of twenty (20) years from the
date of City Council approval and may continue with an annual zoning permit issued to extend
the use for up to five 1-year renewals after 20 year period.
2. The long term Land Use Plan, in effect at the end of the said twenty years period plus five 1-
year renewals shall remain the intended use of the PUD property. As a condition of this Special
Conditional Use Permit, the land use shall thereafter conform to the Land Use Plan of the City.
Planned Unit Development (PUD) zone ceases at such time as the land is developed in
accordance with the underlying land uses of the City's Land Use Plan in effect at that time.
3. Provide 100' setback from the east and south property line adjacent to residential for buffering
purposes with all other setbacks as required.
4. No activity/storage shall be allowed within the setback and any other easements at site.
5. Landscaping/screening shall be required as per Section 106-444(a) within said setback areas
along east and south portions of the perimeter adjacent to the residential zoned properties.
6. Landscaping shall be maintained by the owners/tenants.
7. The facility shall operate as per noise regulations in Section 1 06-521 (g), Code of Ordinances. Any
construction or equipment use in the rear shall not be allowed beyond 7 pm.
8. All lighting in the parking lot shall be hooded and arranged to deflect lights away from the
nearby residential properties in compliance with Section 106-521 (a) of the Code of
Ordinances.
9. Outside storage or lay down yard area shall be improved to a dust free surface.
10. All driveway improvements must adhere to the City of La Porte's paving design standards for
commercial/industrial establishments.
11. On and off-site drainage whether existing or planned shall have a net zero effect for
stormwater runoff to surrounding areas and mitigate any sheet flow or drainage corridor issues
to the satisfaction of the City Engineer.
12. Applicant must submit to the City, a certified site plan for any proposed improvements in
accordance with the requirements of Development Ordinance No. 1444 and in compliance with
a Special Conditional Use Permit approved by City Council.
13. Any new signage requires a separate sign permit from the City and shall be of monument type
not to exceed ten feet in height.
14. Exterior building design shall be approved by the City.
15. The zoning permit shall be required.
16. Any new expansion or additional building shall require a special conditional use permit from
the City.
17. The Developer shall comply with all applicable laws and ordinances of the City and the
State of Texas.
EXHIBIT
7"""-
,).-.
.
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
Staff Report
SWINC Acquisition, Inc.
Special Conditional Use Permit #SCU08-004
July 17,2008
Requested by: SWINC Acquisition, Inc. c/o Marcus Deal
Requested for: 21.289 acres being out of Lots 367, 368, 369, 369A,
and 370, La Porte Outlots
Location: 1241 Underwood Road
Land Use: Commercial and Residential
Present Zonin2: General Commercial (GC), Large Lot Residential (LL)
Requested Zonin2: Planned Unit Development (PUD)
Requested Use: Commercial/Industrial Construction, Maintenance & Fabrication Yard
Back2round: This request is contingent upon approval of a zone change from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit
Development (PUD). Section 106-637 of the Code of Ordinances sets
procedure for establishing a Planned Unit Development and subsequent
review.
The subject tract is 21.289 acres ofland described as being out oflots 367,
368, 369, 369A, and 370 of the La Porte Outlots, City of La Porte, Harris
County, Texas. The facility has been used for miscellaneous shop fabrication
since the mid 1990's. The subject property is within the vicinity of
commercial and light industrial facilities along Underwood Road and close
proximity to the Battleground Industrial District.
The properties surrounding the site show a 188-acre tract owned by the
Union Pacific Railroad (UPRR) and a 20-acre tract by Centerpoint Energy to
the north, H. B. Zachry's facility is located along with residential acreage to
the south, and other residential acreage to the east zoned LL, Large Lot
Residential.
Analvsis:
Section 106-659 of the Code of Ordinances establishes the following criteria
for review of development projects within a PUD zone.
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as commercial uses along Underwood Road and residential to
the east with adjacent tracts as large acreage and single-family dwellings.
#SCU08-004
P & Z (7/17/08)
Page 2 of5
The existing land uses of nearby properties to the north and south are
primarily commercial/industrial.
Zoning Classifications - Staff met with the current general manager to
assist with the understanding of various zoning classifications, restrictions,
and bring the facility into compliance while allowing operation of any pre-
existing, non-conforming use. A zoning permit has been issued authorizing
an employment service group in the General Commercial (GC) zoning
district along Underwood Road. The applicant wants to expand business
activities by utilizing the entire property to its fullest extent.
Upon complaints from the neighboring residents for extended business
operations, the company initiated steps to remove outside storage and
business activities in the residential zoned property. The company also
expressed the desire to be neighborhood compatible with painting the
building located along the south property line, landscaping and screening
along the south property line to control dust, noise, and other pollution. In
addition, staff suggested additional setback requirements for the proposed
laydown yard and other business activities to the rear and south property
line adjacent to neighboring residential. The adjacent residences may cause
several specific conditions to be examined for this site:
. Activities within a typical lay down yard or an outside storage will
have an adverse impact on the adjacent residential neighborhood
(e.g. noise, dust and light).
. Landscaping/screening could form a natural barrier between the
existing business and the residential area to the south and east sides.
Consideration must be given to a heavy landscaping screen and
possibly additional setback for the proposed development to shield
the business activities from the adjacent homes and the other
residential acreage.
Transportation - The property is located along Underwood Road, 100'
wide right-of-way and near Battleground Road, a primary arterial runs north-
south off State Highway 225. The transportation/traffic system should
accommodate the traffic and existing properties should not be impacted by
the proposed development. The existing roads are adequate to support the
facility and the proposed development should not conflict with the
Thoroughfare Plan.
Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development.
#SCU08-004
P & Z (7/17/08)
Page 3 of5
Conclusion!
Recommendation:
Open Space/Landscape Plan - The property abuts commercial uses along
Underwood Road and this is the most public face of the tract. Staff suggests
that a substantial portion of the facility's landscaping should be placed
adjacent to the street. If approved, additional side and rear yard setbacks
along with the proposed landscaping should result in a facility that is
attractive and compatible with surrounding properties.
Utilities - There are sufficient water distribution facilities along Underwood
Road to supply potable water and fire protection to this development.
Sanitary sewer service is readily available to this site.
Drainage - This project would add a significant amount of storm runoff due
to an increase in impervious cover (pavement). Particular attention must be
given to the impacts of stormwater runoff effects on the residential side,
unchecked runoff would have a negative impact on the adjacent residential
zoned properties.
Staff recognizes that Special Conditional Use Permit request does not
conform to the land use for this area, if the Planning and Zoning
Commission wishes to consider approval of this Special Conditional Use
Permit request, staff recommends the following conditions as a minimum be
considered:
1. Planned Unit Development (PUD) status shall allow light industrial
use consisting of construction, maintenance, and fabrication activity
for a period of twenty (20) years from the date of City Council
approval and may continue with an annual zoning permit issued to
extend the use for up to five I-year renewals after said 20 year
period.
2. The long term Land Use Plan, in effect at the end of the said twenty
years period plus five I-year renewals shall remain the intended use
of the PUD property. As a condition of this Special Conditional Use
Permit, the land use shall thereafter conform to the Land Use Plan of
the City. Planned Unit Development (PUD) zone ceases at such time
as the land is developed in accordance with the underlying land uses
of the City's Land Use Plan in effect at that time.
3. Provide 100' setback from the east and south property line adjacent
to residential for buffering purposes with all other setbacks as
required.
4. No activity/storage shall be allowed within the setback and any other
easements at site.
#SCU08-004
P & Z (7/17/08)
Page 4 of5
5. Landscaping/screening shall be required as per Section 106-444(a)
within said setback areas along east and south portions of the
perimeter adjacent to the residential zoned properties.
6. Landscaping shall be maintained by the owners/tenants.
7. A front portion of the facility (first 8 acres) shall only operate
between hours of 6 am. and 10 pm. Any construction or equipment
use on the remaining 12+ acres shall not be allowed beyond 7 pm.
8. All lighting in the parking lot shall be hooded and arranged to
deflect lights away from the nearby residential properties in
compliance with Section 106-521(a) of the Code of Ordinances.
9. Outside storage or lay down yard area shall be improved to a dust
free surface.
10. All driveway improvements must adhere to the City of La Porte's
paving design standards for commercial/industrial establishments.
11. On and off-site drainage whether existing or planned shall have a net
zero effect for stormwater runoff to surrounding areas and mitigate
any sheet flow or drainage corridor issues to the satisfaction of the
City Engineer.
12. Applicant must submit to the City, a certified site plan for any
proposed improvements in accordance with the requirements of
Development Ordinance No. 1444 and in compliance with a Special
Conditional Use Permit approved by City Council.
13. Any new signage requires a separate sign permit from the City and
shall be of monument type not to exceed ten feet in height.
14. Exterior building design shall be approved by the City.
15. The zoning permit shall be required.
16. Any new expansion or additional building shall require a special
conditional use permit from the City.
17. The Developer shall comply with all applicable laws and
ordinances of the City and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP.
· 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 further study of this item. This results in tabling any action on this
item.
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