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HomeMy WebLinkAboutO-2008-1501-I6 scup08-005/development of office/warehouse facility . 11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: AU2:ust 11. 2008 Requested By, T;m net;eu, ~ ~ Department: Plannin2: Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: -X-Resolution: _Ordinance:_ Amount Requested: NA Attachments: Ordinance P&Z Staff Report Aerial Map Site Plan Budget Item: NA SUMMARY On July 17,2008, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 08-005 for a proposed office/warehouse facility to be located in the Underwood Business Park off Old Underwood Road, south of State Highway 225 and Union Pacific Railroad (UPRR). Clay Development and Construction Inc. is seeking this permit for proposed development of an office/warehouse facility for Packwell II on a 10.64 acre tract being Reserve D located along Porter Road, within the Underwood Business Park. The property is zoned Planned Unit Development (PUD) and General Plan has been approved by the City. Each additional reserve/phase of the project would require a subsequent Special Conditional Use Permit, followed with a development site plan submittal. The attached SCUP is identical to those previously approved by Council for other speculative buildings within the project site. Underwood Business Park is a commercial/industrial and design built complex off Old Underwood Road. The total site consists of approximately 207 acres located off 101 Old Underwood Road. To the east, a 44 acre tract is reserved for detention purposes. The project has an approved General Plan and Final Plat. The first phase of the business park development started in May 2005, with a project known as Poly One. Subsequently, several other developments (office/warehouses and distribution centers) were approved by the City. 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. At present, 70% ofthe business park has been completed. 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 merit. Public Notices were mailed to four (4) 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 08- 005 with the conditions as listed in the SCUP attached herewith. Action Reauired bv Council: 1. Conduct a Public hearing. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 08-005 for a 10.64 acre tract being Reserve D out of:t207 acres ofland located along Old Underwood Road south of State Highway 225. Ron Bottoms, City Manager ~ dt> Date ORDINANCE NO. 1501-):V 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 #SCU08-005 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 10.64 ACRE TRACT, BEING RESERVE D, OUT OF :t207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225) IN THE ENOCH BRINSON SURVEY, ABSTRACT- 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING OFFICEIWAREHOUSE FACILITY "PACKWELL II" 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 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. 1501-1Jp 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: 10.64 acre tract out of :t207 acres of land located along Old Underwood Road south of State Highway 225; 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 by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas ORDINANCE NO. 1501- -:r L, Page 3 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 L day of ~, 2008. CITY ~ PORT,: 0 By: ~. \ ~/,-- ALTON PORTER, Mayor ATTEST: By: vfYlWiI.i J<1IJ. MARTHA GILLETT, City Secretary APPROVED' By ~.4- r M..- _' CLA ASKINS, Assistant City Attorney #SCU08-00S 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 #SCU08-005, for 10.64 acres of land being Reserve D, Underwood Business Park located in the Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. Clay Development & Construction Inc., is seeking approval of a permit for the proposed development of office warehouse facility known as Packwell II to be located at 10050 Porter Road. 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 ofOty 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. EXH I B IT ;^, 'f~h panels. and . btner I :'1lCKIental . and miscellane- , ouS'1lremmes"--wiring. sys- :' lem . hardware as required . fora, cOmpIele and usable . 'syslem. . .A11 companIes" 20 S 8 h S : proVtdlng .....propOsals. 8 . t treet ::a'rrlmh~AN~IT~=t Porte, Texas 77571 :cation,noexceptions. : I ".' '. : I. Proposal r>os:urnentS: o. I, j \ ferorswill' be expected IOr& i comply with" the provi; !.. ~..'~~.~... e \ Plans win be' aVllllable on t June 25th, 2008. , Plans.1 I and," specifications . can.. bel f oblairuid' with $50.00 de- il 1 . . posit (per set) at 1 [~.~..f.,=. 77.":-t.~~~~fL:Tf ~~~ris Phone: 713-965-0608 · late 0 exas AtIn: Adrian Zapata I rfore me, the undersigned authority, on this date came and 'fPeared Adam Yanelli, a duly authorized representative of The OF.. Ie yshore Sun, a semi-weekly newspaper published and generally N . tributed in the City of La Porte, Harris County, Texas and who e,:~ er being duly sworn, swears the attached notice was published in ~~q~rovl~ e Bays ore Sun ed 6/29/08 . .' T~toClll" '6 ,ieooe. ..' '1l9tice: is he , given thai the La Port ~ PlaIlning and ZOlling . mission ....,will conduct ' . public, ~ring at . 6:00 .M.'on thel7tb day ,of . Iy, 2008,. in the Council . Chambers. of the City .' II. 604 West fair- mont. Parkway<l:a .Po~e. T~.' The.' purpose . of ,. this . hearing is ,.to ,consider I! SpeciaF Conditional.' Use i B 281-471-1234 Fax 281-471-5763 RE: PUBLIC NOTICE CITY OF LA PORTE SPEC COND PERMIT #SCU08-005 - I ~~-U:!~f~-P~~-~~:~~~:~7:1 .. ' , ." lorn and subscribed before me this ne ,2008. ~~~ Notary Public Harris County, Texas 30th day of My Commission Exprires 03-13-2012 M." ":~~':~ /11"0"" I I /11" I II'" /', III' JlIIIII///1I = ~~('" EBORAH SUE STOUT = .: ~ .J?'{. ... NOTARY PUBLIC .: = ~ ~ STATE OF TEXAS .: - ~G 0"''1' Comm. Ex 03 = iT, J J J II" II/ J J" I'''" /, III Ill' ~', /' II~ ~ ~~;,~ /1'~/1 R EXHIBIT o :,i ~-' City of La Porte Established 1892 July 18, 2008 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 July 17,2008, considered Special Conditional Use Permit #SCU 08-005. The applicant, Clay Development and Construction, Inc., seeks approval of a proposed office/warehouse facility for Packwell II to be located within Underwood Business Park. The Planning and Zoning Commission, by unanimous vote, recommended that City Council consider approval of Special Conditional Use Permit #SCU08-005 with the following conditions: 1. 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. 2. Provide on-site improvements, loading and unloading rampslbays that adequately handle the volume associated with this office and warehousing facility. 3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be specified. 4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression requirements, and fire hydrant placement shalI be specified on the development site plan. 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. Amount and type ofIandscaping shall be specified on the plan. Provide an irrigation system to ensure that all landscaping 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. 1# Pat Muston 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, #SCU08-005 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 11 th 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 #SCU08-005, for 10.64 acres of land being Reserve D, Underwood Business Park located in the Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. Clay Development & Construction Inc., is seeking approval of a permit for the proposed development of office warehouse facility known as Packwell II to be located at 10050 Porter Road. 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. EXHIBIT Q The8.....".. .:.:.;.;-: :-:-:.: ":~~r:"':':::- 281-471-1234 Fax 281-471-5763 . 820 S. 8th Street JI~ F B.L1 ~a Porte, Texas 77571 o I vi ns, i-1. financ ' Porte, and the provi- 1S of the Texas; Local iernment Code,' notice hereby given t I Ihe Porle City Co . cil will Iducl a public hearing 6:00 P.M. on e 11th , of August, 008, in Council Chabers of City Hall, West rmont Pa y, La ie, . Texas. e pur- ;e . of this he g is to lsider Speci Condi- lal Use . it Re- ~st #SCUOS 5. for 64 acres of nd being serve 0, nderwood siness Park ated in ,Enoch n Sur- I, Abstract. . 5, La 'Before me the undersigned authority, on this date came and rte Ham County,! ' ~f' & coc i~;v~I~~:lappeared Adam Yanelli, a duly authorized representative of The ~~eki~ v~ro;~se~ liBayshore Sun, a semi-weekly newspaper published and generally :=:,,1 J<ri:~ distributed in the City of La Porte, Harris County, Texas and who te:ac~ell b~o~~ after being duly sworn, swears the attached notice was published in ;::. us~ i~1 i~on~: The Bayshore Su dated 7/27 / 0 8 ired for proposed ielopment be to- led withi a Planned lit ent (PUD) r Secti 106-637 of I Code of ances. "re Sun City of La Porte County of Harris State of Texas RE: PUBLIC NOTICE SCU08-00S City of La Porte ing to ad- ouncil pro or the Public S rn be required WO sign in before the. J u 1 y 3eting is convened. ' and subscribed before me ,2008. ~ek~ Notary Public Harris County, Texas this 29th day of My Commission Exprires 03-13-2012 WIIIII II 11f11 II III II 1111111"1'111'" I J 1111111 JI"" S. ~<...,y P~8(", DEBORAH SUE STOUT ~ :: ... ~f'=.,: ... NOTARY PUBLIC g =.~,?JS{" STATE OF TEXAS = - .-". t: - = "~~Of'~'t Comm. Exp. 03-13-2012 :: fil """1111111111 i II'" IIll1ll" 1111111"'" .,11 II n EXHIBIT E City of La Porte Special Conditional Use Permit # SCU 08-005 This permit is issued to: Clav Development & Construction. Inc. Owner or Agent 800 Gessner. Suite 850. Houston TX 77024 Address For Development of: Packwellll (198.750 SF.) Development Name 10052 Porter Road off old Underwood Road Address Legal Description: 10.64 acres of land beinQ Reserve "D" and 3.523 acres out of C3 in a 206.990 acre tract. out of the Enoch Brinson Survey. Abstract NO.5. La Porte. Harris County. TX. Zoning: Planned Unit Development (PUm Use: Office/warehousinQ facilitv Permit Conditions: 1. 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. 2. Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office and warehousing facility. 3. Hazardous or non-hazardous material storage, chemicals, nature, type and fire requirements should be specified. 4. Design of maneuvering isles and driveways criteria shall be followed. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the development site plan. 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. Amount and type of landscaping shall be specified on the plan. Provide an irrigation system to ensure that all landscaping 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. ~ -11- D~ ~l11tIrL M City Secretary Staff Report July 17,2008 Requested by: Requested for: Location: Present Zoning: Requested Use: Background: Analvsis: Underwood Business Park Packwell II Special Conditional Use Permit #SCU 08-005 Clay Development & Construction Inc. c/o Danny Martin 10.64 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. 10050 Porter Road off Old Underwood Road Planned Unit Development (PUD) Office/Warehouse Facility A business park site consisting of approximately 207 acres located to the south of State Highway 225 and the Battleground Industrial Park located along Old Underwood Road. Underwood Business Park is an approved business/industrial complex located within the Planned Unit Development (PUD) zone along Old Underwood Road. The first phase of this project was initiated in May 2005 with the development of Poly One Corporation located at 9710 Porter Road. Subsequent buildings were built within the business park each with a Special Conditional Use Permit. The developer is proposing an office/warehouse facility consisting of 198,750 sq. ft. on a parcel ofland being all of Reserve D in the replat of Underwood Business Park. The facility will have an entrance along Porter Road, a 60' wide ingress/egress and utility easement within the park off Old Underwood Road, near Battleground Road and State Highway 225. 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 of 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 Underwood Business Park SCUP #08-005 (PackweIlII) 7/17/08 P&Z Meeting Page 2 of3 Conclusion! Recommendation District - Extra Territorial Jurisdiction (ETJ) of La Porte is located north of State Highway 225. 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 very limited impact on traffic flow within the vicinity, even after full implementation of the 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, but require upgrading 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. 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 General Plan and 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, covenants, etc. . Provide on-site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office/ warehousing facility. Show all improvements on the site plan. Underwood Business Park seup #08-005 (PackwelllI) 7/17/08 P&Z Meeting Page 3 of3 . Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. Fire protection on the rail side must be provided and shown on the site plan. . 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. . 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. ~J ~ 1) w u z ~ r m S Z .~ ::: )> jl ~ <D ::J ~ r- a. m m ~ -l ?! Q J i il 8 51 ; II m ~~ m ~\l ?D ;;><:: c z o m ;;U ~ ~ .~ 0 ~>o ~~o p~ ID ~I~C , '(f) !l!'- ~ z ~ m ~ (f) (f) \J )> ;;u ^ UJ -I ?,! Z G) ;u o )> o Ir~nl.:' I'f f3