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Home My WebLink AboutO-2011-3327 scup#SCU11-91000002/development of office warehouse facility at 1400 State Highway 146 North11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance:_X_ Attachments: Ordinance Aerial Map Site Plan ,4IlMMARV Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA Amount Requested: NA Budget Item: NA On February 17, 2011, the Planning and Zoning Commission considered Special Conditional Use Permit #11- 91000002 for a proposed office/warehouse facility to be located at 1400 State Highway 146 North, near the interchange 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 Port Modal Centre on approximately 14 acres currently zoned Planned Unit Development (PUD). The subject property contained a RV/Trailer Park (a.k.a. Oak Park Trailer Park) that had been in operation since 1950 but has recently been decommissioned. Under the current ordinance provisions, the use was allowed to continue until abandoned. The tract in question is within the vicinity of major commercial and industrial facilities in the area near the Port of Houston's Barbour's Cut Terminal. The City's Land Use Map shows underlying land uses as commercial/industrial. The desired use is an office/warehousing with the potential for rail service spurs at the site. Landscaping shall be required per City ordinances and additional screening with extra tall trees has been offered along frontage road of SH 146 and along the south property line to enhance the aesthetics of this major entrance corridor to La Porte. The property lies in the San Jacinto/Galveston Bay Watershed and outfalls in the adjacent HCFCD channel. Redevelopment of this tract will not require detention. The developer has petitioned to the City for closing of North 8"' Street portion from North `L' Street to Railroad. Existing waterlines and sanitary sewer will be rerouted. Existing fire hydrants will be retained. Water well has to be plugged and report to be submitted to the City. Public Notices were mailed to six (6) property owners. No responses were received. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #11- 91000002 with the conditions as listed in the SCUP attached herewith. Action Required by Council: 1. Conduct a Public bearing. 2. nsider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #1 -91000002 for the Port Modal Centre to be located at 1400 State Highway 146 North. Ron Bottoms, City Manager 3l Ik Date ;Dl I- ORDINANCE NO. .3 2wq 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 SPECIAL CONDITIONAL USE PERMIT No. 11-91000002 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFFICE WAREHOUSE FACILITY AT 1400 STATE HIGHWAY 146 NORTH, IN A PLANNED UNIT DEVELOPOMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; 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, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #11-91000002, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of an office warehouse facility for the following described property, to wit: 14 acre tract being being TR 27 of Block 27, TR 28 of Block 28, Nebraska Syndicate and TR 3, being situated in the Enoch Brinson Survey, Abstract 5 Volume 65, Page 175, H.C.D.R., LaPorte, Harris County, also known as 1400 State Highway 146 North, within a Planned Unit Development (PUD) zoning district. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. 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 is 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 Chapter 551, Tx. Gov't 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. 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 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 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the, 7 — day of , 2011. OF LA PORTE Louis R�1 f gby, Mayor AT ST: J Patrice Fogarty, C' tavfy APPROVED: Clar Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #11-91000002 This permit is issued to: Clay Development & Construction, Inc. Owner or Agent 5599 San Felipe, Suite 1440, Houston TX 77056 Address For Development of: Port Modal Centre Development Name 1400 State Highway 146 North, La Porte, TX 77571 Address Legal Description: 14.8252 acre tract of land, Johnson Hunter Survey, Abstract 35 & Enoch Brinson Survey, A-5, La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Office/Warehouse Facility Permit Conditions: 1. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any construction or development of the private or public improvements anticipated by this SCUP and the general plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 2. Said submittals for this development shall be in accordance with this SCUP, General Plan, ordinances and policies of the City of La Porte. 3. Land uses will be strictly commercial/industrial in nature. A further refinement of industrial activity shall be approved by the City. 4. Zoning permit shall be required from the City for proposed use/activity at site. 5. The applicant shall ensure that the truck circulation does not cause congestion on the streets, and proper signage shall be installed to control vehicles turning along SH 146. 6. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. 7. A rail access, spur design, and UPRR approval shall be required. 8. Proposed development shall be screened and landscaped in compliance with required screening and landscaping provisions of the zoning ordinance of the City. A site plan and/or separate plans shall be submitted in conjunction with the building permit application and ensure that tall trees are planted along frontage road of SH 146 and along south property line to provide screening, which will add to a positive aesthetic environment at the entrance corridor. 9. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees to remain at site. 10. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 11. Provide a public utility easement for future water main along north property line adjacent to existing railroad, to be connected with public water for fire suppression. 12. Submit design for on & off-site utilities with capacities. 13. Stacking of shipping containers at the facility shall not be allowed. 14. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. EXHIBIT A 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: ' /lam Director Planning 4 All WWI �� a� F moll; U' z C is mai ��E� da��