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Home My WebLink AboutO-2021-3845 Granting Special Conditional Use Permit No. 21-9000005, to amend the Port Crossing SCUP No. 15-91000004 regarding building heightORDINANCE NO. 2021-3846 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. 21-91000006, TO AMEND THE PORT CROSSING SCUP NO. 16-91000004 REGARDING BUILDING HEIGHT AND FACADE REQUIREMENTS FOR BUILDINGS CONSTRUCTED ADJACENT TO STATE HIGHWAY 146, ON A 7.66 ACRE TRACT OF LAND LOCATED AT 1200 MCCABE RD. AND BEING LEGALLY DESCRIBED RESERVE E, BLOCK 4, PORT CROSSING AMENDING PLAT, HARRIS COUNTY, TEXAS; 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, TEXAS; Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit#21-91000005, attached hereto as Exhibit A and incorporated by reference for all purposes, to amend Port Crossing SCUP # 15-91000004 regarding building height and facade requirements for buildings constructed adjacent to State Highway 146 on a 7.66 acre tract of land located at 1200 McCabe Rd. and legally described as Reserve E, Block 4, Port Crossing Amending Plat, Harris County, Texas, and situated 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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 -a. 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 portionor 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. a2aiLqn-L 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. ili�'Ilkjls M. - 0 0 CITY OF LA PORTE, TEXAS Loui's 4igby, Mayor INOWWW"J10-1 nefiwsl odward, City Secretary Clark Askins, Assistant City Attorney EXHIBIT A City of La Porte iepecial Conditional Use Permit #21-91000005 Applicant: AKA Land Management, LLC Owner or Agent 1200 McCabe Rd. La Porte, TX 77571 Address Development Name/Type: Port Crossing a i Business Park Location: 1200 McCabe Rd. Legal Description: 300 acres of land out of the George B. McKinstry League, A 47: William Harris Survey, A-30: Johnson Hunter Survey, A- 35: and more particularly described in the Development Agreement, as further described in "Attachment 1 " of this document Zoning: PUD, Planned Unit Development Use: Industrial Permit Conditions: This Special Conditional Use Permit (SCUP) amends SCUP 15-91000004 to read as provided herein, and shall be applicable for the subject property, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. This Special Conditional Use Permit -(SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development Agreement). 3. 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 the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP supersedes SCUP #06-006. 4. This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and are a part of the Amended Development Agreement. 5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106- 217 of the City of La Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required. 6. The business park identification and entry features shall remain and be maintained as constructed unless approved by the City Council. 7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure. 8. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within any part of the 300 acre Port Crossing business park. Any gas station that provides any two (2) of the following; truck parking, more than one diesel dispenser for every ten (10) gasoline dispensers, or has a canopy over the dispensers that is greater than sixteen (16) feet in height shall also be deemed a truck stop, 9. Within reserves J1, and L fronting State Highway 146, warehouses are prohibited if the warehouse has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on more than two sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and unloading operations. Additionally, each building located thereon must have grade -level store -front entries with windows facing Highway 146. Where warehouses exceed 200,000 square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. Additionally in the event of truck -bay parking on the north or south side any allowed building screening shall be required to screen such trucks. Screening may consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen such trucks, 10. Within reserve E (EI/E2) fronting State Highway 146, warehouses are prohibited if the warehouse is taller than 100 feet; has more than 250,000 feet of storage area; has truck docks on more than two sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and unloading operations. Where warehouses exceed 200,000 square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. Additionally in the event of truck -bay parking on the north or south side any allowed building screening shall be required to screen such trucks. Screening may consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen such trucks. 11. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. To the extent there is a conflict between those laws and ordinances and this SCUP, the SCUP controls. 12. This SCUP is binding on all owners of property included in the Legal description and their successors and assigns. If contract or agreement 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: r111% Director of Planning and Development L .6 10 A City of La Porte Planning and Development Department M L`st<at>Idstrcct 1892 Teresa Eymis, Director August 20, 2021 Honorable Mayor Rigby and City Council City of La Porte Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on August 19, 2021 to hear a Special Conditional Use Permit request by, Karl Hilprecht of AKA Land Management LLC, applicant and owner; for a Special Conditional Use Permit to amend the Port Crossing SCUP No. 15-91000004 regarding building height and fagade requirements for buildings constructed adjacent to State Highway 146. The subject site is located at 1200 McCabe Rd., and is legally described as Reserve E, Block 4, Port Crossing Amending Plat, Harris County, Texas, The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit in orderforthe above referenced use to be permitted within the PUD zoning district. The Commission voted 5-1 to recommend approval of the proposed SCUP amendment, as presented. Commissioner Lawler was the dissenting vote. Respectfully submitted [an Clowes, City Planner On behalf of the Planning and Zoning Commission City of'La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov �+, • -- N 5 C A. M W4 k _ wpq wry �w {}fy,,/4, ui w .,i ro LL i C a cuto i41 � fin. o C L. 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