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 ;^,
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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
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= ~ ~ STATE OF TEXAS .:
- ~G 0"''1' Comm. Ex 03 =
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EXHIBIT
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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
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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
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S. ~<...,y P~8(", DEBORAH SUE STOUT ~
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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.
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