HomeMy WebLinkAbout08-06-15 Special Called Meeting of the Planning and Zoning Commission
CityofLaPorte
PlanningandZoningCommissionAgenda
Noticeisherebygivenofa SpecialCalledMeeting oftheLaPortePlanningandZoningCommissionto
beheldon Thursday,August6,2015at6:00p.m.atCityHallCouncilChambers,604WestFairmont
Parkway,LaPorte,Texas,regardingtheitemsofbusinessaccordingtotheagendalistedbelow:
1.Calltoorder.
2.Rollcallofmembers.
3.Considerapprovalofmeetingminutes:July16,2015Meeting.
4.ConsiderrecommendationtotheLaPorteCityCouncilonaproposedamendmenttotheFuture
LandUseMapcomponentoftheLaPorteComprehensivePlanbyamendingthedesignationfor
th
thosetractsoflandlocatedbetweenStateHighway146andS.16Street,andbetweenW.M
StreetandMcCabeRoad,andidentifiedas1.)Tracts1B3,JohnsonHunterSurvey,Abstract35;
ReserveDandReserveG,Block4;ReserveI,Block3;andReserveK,Block2,ofthePortCrossing
AmendingPlat,fromͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼtoͻ\[źŭŷƷLƓķǒƭƷƩźğƌͼͳ2)ReserveE,Block4,ofthePort
CrossingAmendingPlat,fromͻtğƩƉandOpen{ƦğĭĻͼtoͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼͳand3)ReserveM,
Block2,ofthePortCrossingAmendingPlat,fromͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼtoͻtğƩƉandOpen{ƦğĭĻ͵ͼ
5.ConsiderapprovalorotheractionregardingarequestbyPortCrossingLPforapprovalofthe
proposedPortCrossingAmendingPlat.
6.ContinueapublichearingfromandopenedduringtheJuly16,2015RegularMeetingofthePlanning
andZoningCommissiontoreceiveinputonanapplicationforSpecialConditionalUsePermit#15
91000004,arequestbyPortCrossingLP,PortCrossingA3LP,PortCrossingA4LP,andPort
CrossingB4LPtoreplacethePortCrossingSCUP#06006(previouslyapprovedbytheLaPorte
CityCouncilin2006)forthe313acrePortCrossingBusinessParkgenerallylocatedwestofState
Highway146betweenW.MStreetandMcCabeRoad.
a.StaffPresentation
b.ApplicantPresentation
c.PublicComments(for,against,orquestions)
d.QuestionandAnswer
7.Closepublichearing.
8.ConsiderrecommendationtotheLaPorteCityCouncilonSpecialConditionalUsePermitrequest
#1591000004.
9.ConsiderapprovalorotheractionregardingarequestbyPortCrossingLPforapprovalofthe
proposedPortCrossingGeneralPlan(previouslyapprovedastheTexasImportExportGeneral
Plan)forthe313acrePortCrossingBusinessParkgenerallylocatedwestofStateHighway146
betweenW.MStreetandMcCabeRoad.
10.ConsiderrecommendationtotheLaPorteCityCouncilregardingproposedAmended
DevelopmentAgreementbetweentheCityofLaPorteandPortCrossingLP,forthepurposeof
amendingtheDevelopmentAgreementapprovedbytheLaPorteCityCouncilin2006.
11.Administrativereports.
12.Commissioncommentsonmattersappearingontheagendaorinquiryofstaffregardingspecific
factualinformationorexistingpolicy.
CityofLaPorte604W.FairmontParkwayPhone:(281)4715020
PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005
PlanningandZoningCommissionAgenda
Thursday,August6,2015
Page2
13.Adjourn.
AquorumofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting;
however,noactionwillbetakenbytheCouncil.
IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable
accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbe
received24hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019.
CERTIFICATION
IcertifythatacopyoftheThursday,August6,2015,agendaofitemstobeconsideredbythePlanningandZoning
CommissionwaspostedontheCityHallbulletinboardonthe____dayof____________________,2015.
Title:
CityofLaPorte604W.FairmontParkwayPhone:(281)4715020
PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005
Planning and Zoning Commission
Minutes of July 16, 2015
Commissioners Present: Richard Warren, Helen LaCour, Nick Barrera, Lou Ann Martin, Mark
Follis, and Wyatt Smith
Commissioners Absent: Hal Lawler, Trey Kendrick, and Les Bird
City Staff Present: Assistant City Manager Traci Leach, City Planner Eric Ensey, Assistant
City Attorney Traci Leach, and Office Coordinator Peggy Lee
Call to order.
1.
Vice-Chairman Richard Warren called the meeting to order at 6:03 p.m.
Roll Call of Members.
2.
Commissioners Warren, Barrera, Martin, Follis, and Smith were present for roll call.
Commissioner LaCour arrived at 6:05 p.m.
Consider approval of meeting minutes: May 27, 2015; June 18, 2015.
3.
Motion by Commissioner Barrera to approve the meeting minutes of May 27, 2015, and June
18, 2015.
Second by Commissioner Martin. Motion carried.
Ayes: Commissioners Barrera, Martin, Follis, Smith, and Warren
Nays: None
Consider approval or other action regarding a request by Bayway Homes for approval of a
4.
Preliminary Plat for the Replat of Lots 1 thru 5, Block 14, Sylvan Beach 1 st Addition.
City Planner Eric Ensey presented the staff report on a request by Bayway Homes for approval of
a Preliminary Plat to replat and reconfigure six lots in the original Sylvan Beach 1 st Addition. As
proposed, three lots will front Park Avenue and three lots will front Oregon Avenue.
Mr. Ensey responded to Commissioner’s questions.
Motion by Commissioner Follis to approve a Preliminary Plat for the Replat of Lots 1 thru 5,
st
Block 14, Sylvan Beach 1 Addition.
Second by Commissioner Barrera. Motion carried.
Ayes: Commissioners LaCour, Barrera, Martin, Follis, Smith, and Warren
Nays: None
Planning and Zoning Commission
Minutes of July 16, 2015
Page 2 of 7
Consider recommendation to the La Porte City Council on a proposed amendment to the
5.
Future Land Use Map component of the La Porte Comprehensive Plan by amending a 6.9547
acre tract of land further described as Tracts 718B, 719, and 719A, La Porte Outlots, situated in
the Enoch Brinson Survey, A-5, City of La Porte, Harris County, Texas, from “Neighborhood
Commercial” to “Mid to High Density Residential.”
City Planner Eric Ensey presented the staff report on an amendment to the Future Land Use
Map as a result of an application by Brownstone Ventures, LLC, for a Special Conditional Use
Permit to allow construction of a luxury multifamily apartment complex on a tract of land
located at the southwest corner of Caniff Rd. and Underwood Rd.
Commission action on this item was deferred until the conclusion of the staff presentation and
public hearing for agenda item #6.
Motion by Commissioner Follis to recommend to City Council, denial of an amendment to the
Future Land Use Map component of the La Porte Comprehensive Plan for a 6.9547 acre tract of
land located at the southwest corner of Underwood Rd. and Caniff Rd.
Second by Commissioner Smith. Motion carried.
Ayes: Commissioners LaCour, Barrera, Martin, Follis, Smith, and Warren
Nays: None
Open public hearing to receive input on an application for Special Conditional Use Permit #15-
6.
91000003, a request by Brownstone Ventures, LLC to allow for construction of a multifamily
luxury apartment complex at the southwest corner of Underwood Rd. and Caniff Rd.
Vice-Chairman Warren opened the public hearing at 6:16 p.m.
a.Staff Presentation
City Planner Eric Ensey presented the staff report on a request by Brownstone Ventures, LLC
for a Special Conditional Use Permit to allow construction of a Class A 124-unit residential
multifamily luxury apartment complex located at the southwest corner of Underwood Rd.
and Caniff Rd.
The written staff report included a number of items that staff requested be included in the
motion if the Commission were to recommend approval of the Special Conditional Use
Permit.
b.Applicant Presentation
Doak Brown, with the Brownstone Companies, addressed the Commission. Mr. Brown
showed a slide presentation of one of their developments with the same architecture and
buildings currently being proposed. The anticipated rental range is as follows:
Planning and Zoning Commission
Minutes of July 16, 2015
Page 3 of 7
One bedroom units per month: $875-$1200
Two bedroom units per month: $1200-$1500
Three bedroom units per month: $1700-$1750
Mr. Brown responded to questions from the Commission related to traffic flow.
c.Public Comments (for, against, or questions)
Jenna Smith, 3630 Desert Run Dr., expressed concern about traffic.
Jonathan Clark, attorney representing Summer Winds property association, as well as Pecan
Crossing subdivision, declined to comment until after the public had an opportunity to
speak.
John Blakemore, 9209 Mahan Dr., President of Pecan Crossing Homeowners Association
addressed the Commission. Mr. Blakemore spoke about traffic problems the subdivision is
experiencing along Fairmont Parkway and Caniff due to all of the development that has
occurred since the Pecan Crossing subdivision was built. The proposed apartment complex
would add to the existing traffic problem.
Donald Davis, 3621 E. Desert Dr., expressed concern with devaluation of property values,
and additional drainage and traffic problems the development would generate.
Robert Wagstaff, 9614 Rustic Gate, President of Summer Winds Homeowners Association
addressed the Commission. Mr. Wagstaff spoke about traffic concerns and decreased
property values.
Mike Cobb, 109 Summer Winds, spoke about negative traffic impacts.
Angie Davis, 118 Summer Winds, a realtor, spoke about property devaluation.
Gloria Zavala, 114 Summer Winds, would not have purchased her home had she known an
apartment complex would be developed nearby.
Cheryl Hargett, 3617 E. Desert Dr., spoke about negative impacts on traffic and property
values.
Wanda Kirk, 9506 Dry Desert Way, expressed concerns with negative impacts related to
quality of life and traffic.
Dallas Wilbert, resident of Pecan Crossing, is not in favor of the request due to traffic
impacts and property devaluation.
David Janda, Sr., 9502 Dry Desert Way, spoke against the request due to traffic problems
and property devaluation.
Planning and Zoning Commission
Minutes of July 16, 2015
Page 4 of 7
David Janda, resident of Summer Winds subdivision, spoke against the development. He has
concerns with its proximity to existing apartments, traffic problems, and the city’s
requirements for notifying property owners. Mr. Janda suggested the City consider
purchasing land in the area for a park that would benefit residents of Pecan Crossing,
Summer Winds, and Fairmont Park West subdivisions.
Jonathan Clarke, 5150 Westheimer, Ste. 1200, attorney representing the Summer Winds
homeowners association addressed the Commission. Mr. Clarke noted the current land use
and zoning are not appropriate for the development nor does it comply with code
requirements related to maximum density and 1,000’ distance separation from other
apartments, both of which would require variances be granted in order for the development
to occur.
d.Question and Answer
There were no questions at this point in the meeting.
Close public hearing.
7.
Vice-Chairman Warren closed the public hearing at 7:17 p.m.
Consider recommendation to City Council on Special Conditional Use Permit request #15-
8.
91000003.
Commissioners Follis and Barrera expressed concern with the density and separation issues
associated with the development.
Motion by Commissioner Barrera to recommend to City Council, denial of Special Conditional Use
Permit request #15-91000003 for a 6.9547 acre tract of land located at the southwest corner of
Underwood Rd. and Caniff Rd.
Second by Commissioner Martin. Motion carried.
Ayes: Commissioners LaCour, Barrera, Martin, Follis, Smith, and Warren
Nays: None
Vice-Chairman Warren called for a brief recess at 7:28 p.m. The meeting reconvened at 7:39 p.m.
Consider recommendation to City Council on a proposed amendment to the Future Land Use
9.
Map component of the La Porte Comprehensive Plan by amending the designation for those
tracts of land located between State Highway 146 and S. 16 th Street, and between W. M Street
and McCabe Road, and identified as 1.) Tracts 1B-3, Johnson Hunter Survey, Abstract 35; Reserve
D and Reserve G, Block 4; Reserve 1, Block 3; and Reserve K, Block 2, of the Port Crossing
Amending Plat, from “Business Industrial” to “Light Industrial”; 2) Reserve E, Block 4, of the Port
Crossing Amending Plat, from “Park and Open Space” to “Business Industrial”; and 3) Reserve M,
Block 2, of the Port Crossing Amending Plat, from “Business Industrial” to “Park and Open Space.”
Planning and Zoning Commission
Minutes of July 16, 2015
Page 5 of 7
City Planner Eric Ensey presented the staff report on a proposed amendment to the Future Land
Use Map as recommended by staff. Mr. Ensey reminded the Commission that at the June 8, 2015,
City Council meeting, the Council directed staff to work with the property owners of Port Crossing
on a number of items to clean-up discrepancies between the various documents governing
development of the Port Crossing Business Park, which included amending the Future Land Use
Plan to clean-up the land use designation for a portion of the Port Crossing site.
Commissioners were reluctant to act on any items on the agenda relating to Port Crossing.
Commissioners were concerned that there was a lot of information to take in and they were
unclear about the implications of any decisions they would be making.
Jim Harris, attorney for Port Crossing, assured the Commission there were no substantive changes
being requested from the 2006 SCUP and Development Agreement.
After a lengthy discussion, Commissioners agreed to table action on the Port Crossing items and
schedule a special called meeting for consideration at a later date.
Motion by Commissioner Follis to table action on agenda items 9, 10, 13, 14, and 15.
Second by Commissioner Martin. Motion carried.
Ayes: Commissioners LaCour, Martin, Follis, and Smith
Nays: Commissioner Barrera
Abstain: Vice-Chairman Warren
Consider approval or other action regarding a request by Port Crossing LP for approval of the
10.
proposed Port Crossing Amending Plat.
Item was tabled.
Open public hearing to receive input on an application for Special Conditional Use Permit #15-
11.
91000004, a request by Port Crossing LP, Port Crossing AD LP, Port Crossing A4 LP, and Port
Crossing B4 LP to replace the Port Crossing SCUP #06-006 (previously approved by the La Porte
City Council in 2006) for the 313 acre Port Crossing Business Park generally located west of State
Highway 146 between W. M Street and McCabe Road.
Vice-Chairman Warren opened the public hearing at 9:24 p.m.
Motion by Commissioner Follis to continue the public hearing at a special called meeting on August
6, 2015, at 6:00 p.m. in the City Hall Council Chambers.
Second by Commissioner Smith. Motion carried.
Ayes: Commissioners LaCour, Barrera, Martin, Follis, Smith, and Warren
Nays: None
Planning and Zoning Commission
Minutes of July 16, 2015
Page 6 of 7
a.Staff Presentation
b.Applicant Presentation
c.Public Comments (for, against, or questions)
d.Question and Answer
Close public hearing.
12.
The public hearing was continued to August 6, 2015.
Consider recommendation to City Council on Special Conditional Use Permit request #15-
13.
91000004.
Item was tabled.
Consider approval or other action regarding a request by Port Crossing LP for approval of the
14.
proposed Port Crossing General Plan (previously approved as the Texas Import Export General
Plan) for the 313 acre Port Crossing Business Park generally located west of State Highway 146
between W. M Street and McCabe Road.
Item was tabled.
Consider recommendation to City Council regarding a proposed amended Development
15.
Agreement between the City of La Porte and Port Crossing LP, for the purpose of amending the
Development Agreement approved by the La Porte City Council in 2006.
Item was tabled.
Administrative reports.
16.
City Planner Eric Ensey reported the City Council directed the Commission to begin a review of the
tree preservation ordinance and possible requirements for garage sale signs.
Commission comments on matters appearing on the agenda or inquiry of staff regarding specific
17.
factual information or existing policy.
Commissioner LaCour commented the meeting carried on too long.
Adjourn
18.
Motion by Commissioner LaCour to adjourn.
Second by Commissioner Follis.
Vice-Chairman Warren adjourned the meeting at 9:25 p.m.
Planning and Zoning Commission
Minutes of July 16, 2015
Page 7 of 7
Respectfully submitted,
Peggy Lee
Secretary, Planning and Zoning Commission
Passed and Approved on __________________ ______, 2015.
Hal Lawler
Chairman, Planning and Zoning Commission
CityofLaPorte,Texas
PlanningandZoningCommission
August6,2015
AGENDAITEM4
Considerapprovalofanamendmentto
theCityofLatƚƩƷĻƭFutureLandUsePlan
byamendingcertaintractsofland
th
betweenS.16StreetandHighway146andbetweenW.MStreetandMcCabeRoad
fromͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼusetoͻ\[źŭŷƷLƓķǒƭƷƩźğƌͼuse;andfromͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼuseto
ͻtğƩƉandOpen{ƦğĭĻͼuse;andfromͻtğƩƉandOpen{ƦğĭĻͼusetoͻ\[źŭŷƷLƓķǒƭƷƩźğƌͼuse.
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
August6,2015
FutureLandUsePlanAmendment(PortCrossing)
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ConsiderarecommendationofapprovaltotheCityCouncilforanamendmenttothe
ĭźƷǤƭFutureLandUsePlanasdemonstratedintheattachedExhibitA.
RECOMMENDATION
StaffrecommendsthePlanningandZoningCommissionconsiderarecommendationfor
approvalofthedescribedamendmenttotheĭźƷǤƭFutureLandUsePlan.
DISCUSSION
ThisitemwasincludedaspartoftheJuly16,2015PlanningandZoningCommission
agenda.TheCommissionvotedtocontinuetheitemtoaSpecialCalledMeetingon
th
August6,2015.TherewasnomodificationtothisitemsincetheJuly16meeting.
AttheJune8,2015CityCouncilmeeting,theCouncildirectedstafftoworkwiththe
propertyownersofPortCrossingonanumberofitemstoͻĭƌĻğƓǒƦͼvarious
discrepanciesbetweenthevariousdocumentsgoverningdevelopmentofthePort
theusespermitted
CrossingBusinessParkandmemorializethelegaldeterminationthat
inthePortCrossingdevelopmentaresubjecttotheprovisionsofthecodeatthetime
theoriginalSCUPwasapprovedin2006.Thefollowingdocumentshavebeenmodified
insomemanner,andwillbepresentedthiseveningforconsideration:
1.FutureLandUsePlan.
2.FinalPlat.
3.SpecialConditionalUsePermit.
4.GeneralPlan.
5.DevelopmentAgreement.
StaffispresentingforconsiderationanamendmenttotheĭźƷǤƭFutureLandUsePlanto
ͻĭƌĻğƓǒƦͼthelandusedesignationforthesubjecttractoflandinthePortCrossing
area.TheproposedamendmenttotheFutureLandUseMapisintendedtoclarifythe
typeofdevelopmentthatisanticipatedtotakeplacewiththePortCrossingarea.
Thereareanumberofdifferentmodificationsbeingproposed(forreferencepurposes,
theattachedExhibitBistheĭźƷǤƭcurrentfuturelandusemapforthearea:
1
PlanningandZoningCommissionRegularMeeting
August6,2015
FutureLandUsePlanAmendment(PortCrossing)
th
1.AlltheparcelsoflandfrontingonS.16Streethavebeenmodifiedfrom
ͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼusetoͻ\[źŭŷƷLƓķǒƭƷƩźğƌͼuse.Thischangeinlanduse
designationwillcorrelatewiththewarehousinganddistributionusesthatwill
developontheseproperties.ThisincludesallpropertiesfromS.MStreetto
McCabeRoadwithintheareazonedPUD.
2.Thedetentionpondonthenorthportionofthedevelopmentisproposedtobe
modifiedfromͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼusetoͻtğƩƉandOpen{ƦğĭĻͼuseto
accommodatetheexistingretentionpondonthissite.
3.AtthesouthernportionofthesitealongHighway146,aportionofthetractis
proposedtobemodifiedfromͻtğƩƉandOpen{ƦğĭĻͼusetoͻ.ǒƭźƓĻƭƭ
LƓķǒƭƷƩźğƌͼuse.Theapplicanthasdemonstratedthatthereisnotaneedto
expandtheexistingdetentionpondsfromtheircurrentsize.Asaresulttheneed
andthe
forthistractoflandtoaccommodatedetentionisnolongernecessary
applicantisrequestingconsiderationtoallowthistracttodevelopwith
ͻ.ǒƭźƓĻƭƭLƓķǒƭƷƩźğƌͼlanduses.
ThesubjectsiteiszonedPUD,PlannedUnitDevelopment,whichallowsforͻ.ǒƭźƓĻƭƭ
LƓķǒƭƷƩźğƌͼdevelopment.Theapplicanthasalsosubmittedapplicationforan
amendmenttothePortCrossingGeneralPlanandtheĭźƷǤƭamendmenttotheFuture
LandUsePlanwouldbeconsistentwiththeplan.
Section213.003oftheTexasLocalGovernmentCode(LGC)specifiesrequirementsfor
amendingtheĭźƷǤƭFutureLandUsePlan,whichwasadoptedasacomponentofthe
ComprehensivePlan.TheLGCrequiresreviewoftheproposedamendmentbythe
PlanningandZoningCommissionandapprovalbytheCityCouncil.Apublichearingwill
bescheduledatthetimeofCityCouncilreview.
TheFutureLandUsePlanidentifiesthefollowingsurroundinglanduses(seethe
attachedExhibitBforexistinglanduses):
LandUseDevelopment
bƚƩƷŷ LightIndustrialExistingoffice/warehouse/storageyarddevelopment
GeneralCommercialUndevelopedland
{ƚǒƷŷ LaPorteETJSouthLaPorteIndustrialDistrict
ĻƭƷ LaPorteETJBayportIndustrialDistrict
9ğƭƷ Highway146Highway146
ATTACHMENTS
ExhibitA:ProposedFutureLandUsePlan
ExhibitB:ExistingFutureLandUsePlan
2
EXHIBIT "A"
PROPOSED FUTURE LAND USE PLAN
W M ST
LITTLE CEDAR BAYOU DR
POS
GARDEN WALK
AREA WITHIN BOUNDARY IS
EXPORT DR
THE ONLY LOCATION WHERE
MODIFICATIONS ARE PROPOSED
BI
LI
COM
POS
Legend
LIGHT INDUSTRIAL
BUSINESS INDUSTRIAL
COMMERCIAL
PARKS & OPEN SPACE
MC CABE RD
RD
BE
C CA
M
LA PORTE CITY LIMITS
EXHIBIT "B"
EXISTING FUTURE LAND USE PLAN
W M ST
LITTLE CEDAR BAYOU DR
GARDEN WALK
MHDR
AREA WITHIN BOUNDARY IS
EXPORT DR
THE ONLY LOCATION WHERE
MODIFICATIONS ARE PROPOSED
BI
COM
Legend
LARGE LOT RESIDENTIAL
LOW-DENSITY RESIDENTIAL
PO
MID-HIGH DENSITY RESIDENTIAL
MIXED USE
NEIGHBORHOOD COMMERCIAL
COMMERCIAL
MAIN STREET
BUSINESS INDUSTRIAL
LIGHT INDUSTRIAL
HEAVY INDUSTRIAL
PARKS AND OPEN SPACE
PUBLIC / INSTITUTIONAL
MC CABE RD
RD
BE
C CA
M
LA PORTE CITY LIMITS
CityofLaPorte,Texas
PlanningandZoningCommission
August6,2015
AGENDAITEM5
Considerapprovalofthe
PortCrossingAmendingPlat.
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
August6,2015
PortCrossingAmendingPlat
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ShouldthePlanningandZoningCommissionapprovetheproposed PortCrossingAmendingPlat?
RECOMMENDATION
StaffrecommendsthePlanningandZoningCommissionapprovetheproposedamendingplatas
presentedintheattachedExhibitA.
DISCUSSION
TheĭźƷǤƭDevelopmentOrdinancedefinesanamendingplatas:ͻ!plat,previouslyapprovedbythe
Commissionanddulyrecorded,whichisresubmittedtotheCommissionforreapprovaland
recordingwhichcontainsdimensionsornotationalcorrectionsorerroneousinformationcontained
ontheoriginallyapprovedandrecordedƦƌğƷ͵ͼ
ThisplatisintendedtocleanuptheplatwithhowPortCrossinghasbeendevelopedovertheyears
sincetheoriginalplatwasapprovedin2007(seetheattachedExhibitB).Landuseisdeterminedby
theĭźƷǤƭFutureLandUsePlanandnotthroughasubdivisionplatdocument.Inthiscasethe
reservesinto
proposedamendingplatisremovingalllandusereferencesandisbringingthe
compliancewiththeunderlyinglandusesidentifiedintheĭźƷǤƭFutureLandUsePlan.Any
modificationstounderlyinglandusesrequiresanamendmenttotheĭźƷǤƭFutureLandUsePlan,
whichwouldbereviewedbythePlanningandZoningCommissionandapprovedbytheCityCouncil.
ATTACHMENTS
A:ProposedPortCrossingAmendingPlat
Exhibit
ExhibitB:ExistingPortCrossingFinalPlat
ExhibitC:AreaMap
1
EXHIBIT A
B
EXHIBIT
EXHIBIT C
W I ST
AREA MAP
Y
KW
NT P
MO
AIR
FAIRW F
MONT PKWY
W K ST
LITTLE CEDAR BAYOU DR
W M ST
GARDEN WALK
DR
EXPORT
PRIMR
OSE
JUNI
PER
FOUNTA
IN DR
BE RD
MC CA
D
BE R
CA
MC
HO
LLO
W T
REE
AV
E
Legend
1 inch = 1,000 feet
City Limits
City of La Porte, Texas
Planning and Zoning Commission
August 6, 2015
AGENDA ITEM 6-8
Consider recommendation of approval of a Special Conditional Use Permit (#15-91000004)
for an amendment to the Port Crossing Business Park SCUP (previously approved as SCUP #06-006)
generally located west of State Highway 146 between the M Street right-of-way and McCabe Road.
Applicant: Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port Crossing B4, L.P.
Eric J. Ensey, City Planner
Planning and Development Department
City of La Porte, Texas
Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing SCUP
Planning and Development Department
Staff Report
ISSUE
Consider a recommendation to the City Council on a request by the applicant Port
Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port Crossing B4, L.P. for a
Special Conditional Use Permit (SCUP) for the Port Crossing Business Park.
RECOMMENDATION
Should the Commission desire to consider a recommendation for approval of this
request, staff recommends considering various conditions, as included in the attached
Exhibit A, Special Conditional Use Permit.
DISCUSSION
Background Information:
This item was included as part of the July 16, 2015 Planning and Zoning Commission
agenda. The Commission voted to continue the item to a Special Called Meeting on
August 6, 2015.
At the June 8, 2015 City Council meeting, the Council directed staff to work with the
property owners of Port Crossing on a number of items to “clean up” various
discrepancies between the various documents governing development of the Port
Crossing Business Park and memorialize the legal determination that the uses permitted
in the Port Crossing development are subject to the provisions of the code at the time
the original SCUP was approved in 2006. The following documents have been modified
in some manner, and will be presented this evening for consideration:
1.Future Land Use Plan.
2.Final Plat.
3.Special Conditional Use Permit.
4.General Plan.
5.Development Agreement.
Property Owner:
Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port Crossing B4, L.P.
Property Location:
1
Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing SCUP
The Port Crossing Business Park consists of approximately 313 acres of land, some
developed but a majority vacant. The Port Crossing Business Park is located north and
west of State Highway 146 and Wharton Weems including all property included in the
Final Plat of Port Crossing (a subdivision of 286.7 acres of land out of the WP Harris
Survey Abstract No. 30, J Hunter Survey Abstract No. 35, G. McKinstry Survey Abstract
No 47); and Reserve A, Block 1, Port Crossing Section 1; and Reserve A, Boncosky
Trucking Terminal.
Applicant’s Request:
The applicant has entered into a contract to sell the Port Crossing Business Park. During
the due diligence phase, it was discovered that there are a number of discrepancies
between the various documents that govern the development of the Port Crossing
Business Park. As a result, the applicant is requesting approval of an amendment to the
previously approved Port Crossing Business Park SCUP (#06-006, see the attached
Exhibit B). Should this SCUP be approved, it will supersede the previously approved
SCUP and will function to govern any future development within the business park. The
attached Exhibit C is a copy of the application and proposal, including a conceptual site
plan and project description.
The proposed development will continue to develop as it was intended, with
warehousing, distribution, and flex industrial uses along with three commercial tracts.
Surrounding Zoning and Land Uses:
The site is currently zoned PUD, Planned Unit Development. Development within a PUD
is required to seek approval of a SCUP. The attached Exhibit Eshows the zoning of the
subject property and surrounding properties. The following table summarizes the
surrounding zoning and land uses:
Zoning Land Use
North PUD, Planned Unit Development Undeveloped
GC, General Commercial Vacant and Hotel (currently under construction)
South La Porte ETJ South La Porte Industrial District
West La Porte ETJ Bayport Industrial District
East State Highway 146 State Highway 146 (approximately 340 right-of-way)
Notification Requirements:
The public hearing notification requirements outlined in Section 106-171 were
performed in accordance with all applicable code provisions, including the following:
notice in a newspaper of general circulation at least 15 days prior to the hearing; written
notice mailed to owners of real property within 200 feet of the site within 10 days of the
hearing; sign posted on the site within 15 days of the hearing. Additional notice of the
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Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing SCUP
public hearing was posted at City Hall and on the City’s website in accordance with state
law.
Analysis:
There are a number of different considerations staff evaluated during the review of this
application. The following describes staff’s analysis of those considerations:
Land Use.
This SCUP application is for consideration is intended to clean up a number of issues
that arose concerning land use. In November 2014 the City approved modifications to
the city’s Zoning Ordinance (Chapter 106) and specifically pertaining to not allow
warehousing and distribution and truck terminal uses in the BI, Business Industrial,
District. The intent of the Port Crossing Business Park was to allow those uses. There is
no change to the development pattern or intensity of the proposed development. City
Council has directed staff to work with Port Crossing representatives on a solution that
would allow those uses. The proposed SCUP will incorporate a revised General Plan,
Development Agreement, and Land Use Exceptions.
Future Development.
Future development will still require approval of individual SCUP’s, site plans, platting
(as necessary), and building permits.
Public Utilities.
Public utility infrastructure has already been installed and accepted by the city.
Conclusion:
Based on the analysis above, staff finds that if the Planning and Zoning Commission
desires to recommend approval of the proposed Special Conditional Use Permit, then a
number of conditions should be considered in the approval. Section 106-217 of the
Zoning Ordinance outlines specific conditions for approval of SCUP applications. There
are three different conditions that must be met in order to approve a SCUP. The
following table identifies each of the three conditions and staff’s finding on each:
Condition:
Staff Analysis:
(1) That the specific use will be
The proposed SCUP is intended to “clean up” what was already
compatible with and not
approved as part of the previously approved SCUP for Port Crossing
injurious to the use and
(#06-006). There is no intent to increase the intensity of development
enjoyment of other property,
from what was originally approved in the previous SCUP, but is
nor significantly diminish or
intended to correct discrepancies between the various documents
impair property values within
governing development of this site.
the immediate vicinity.
(2) That the conditions placed on
As a condition of approval of the proposed SCUP, the applicant is
such use as specified in each
required to submit with individual development a SCUP, site
district have been met by the
development plan and building construction drawingin accordance
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Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing SCUP
applicant.with the city’s requirements. Each development will also be subject to
this SCUP, General Plan, Development Agreement and Land Use
Exceptions.
(3) That the applicant has agreed
The applicant will need to confirm on the record at the public hearing
to meet any additional
that they are agreeable to the conditions imposed on the SCUP. Staff
conditions imposed, based on
has provided a list of conditions as part of this report. However, the
specific site constraints, and
Commission and City Council may impose additional conditions.
necessary to protect the public
interest and welfare of the
community.
Should the Planning and Zoning Commission recommend approval of therequested
SCUP application, staff recommends the following conditions be considered:
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 special
conditional use permits, 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 shall be in accordance with this SCUP, General Plan, Development
Agreement, Restrictive Covenants, and Land Use Exceptions approved by the
City of La Porte and specifically 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.
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.
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Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing SCUP
9.
10.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.
11.This SCUP is binding on all owners of property included in the Legal description
and their successors and assigns.
\[Any additional conditions requested by the Planning and Zoning Commission.\]
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Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing SCUP
ATTACHMENTS
Exhibit A:Draft of the Proposed SCUP
Exhibit B: SCUP #06-006
Exhibit C:SCUP Application and Supplemental Information from the Applicant
Exhibit D: Area Map
Exhibit E: Zoning Map
6
City of La Porte
Special Conditional Use Permit #15-91000004
This permit is issued to:Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port
Crossing B5, L.P.
Owner or Agent
3330 S. Sam Houston Parkway E.; Houston, Texas 77047
Address
For Development of:Port Crossing Business Park: Approximately300 acre mixed use
development (formerly Texas Import Export).
Development Name
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
Zoning:PUD, Planned Unit Development
Permit Conditions:
This Special Conditional Use Permit is applicable for the subject property. Acopy of which shall be maintained
in the files of the City’s Planningand DevelopmentDepartment upon approval. Projectdevelopment 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.Submittalsfor site plan approvalshall bein accordance with this SCUP, General Plan,
Development Agreement,Restrictive Covenants,and Land Use Exceptions approved by the
City of La Porte and specifically 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 the300 acre Port Crossingbusiness park.Any gas station that provides for
truck parking, or contains morethan 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 E, J1, and Lfronting 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 unloadingoperations. 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.
10.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.
11.This SCUP is binding on all owners of property included in the Legal description and their
successors and assigns.
If contract or agreementis terminated after completion of any stage and there is ample evidence that further
development has been abandoned, 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 Planningand DevelopmentCity Secretary
EXHIBIT B
EXHIBIT C
EXHIBIT C
EXHIBIT C
AREA MAP
EXHIBIT D
SCUP REQ. #15-91000004
W H ST
FAIRMONT PKWY
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LOCATION OF
PROPERTY
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(R-1) Low Density Residential FOUNTAIN
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(R-2) Medium Density Residential
CO
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(R-3) High Density Residential
C CABE RD
M
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MC CA
(MH) Manufactured Housing
(GC) General Commercial
(NC) Neighborhood Commercial
(PUD) Planned Unit Development
H
ACKBERR
Y AVE
(BI) Business Industrial
(LI) Light Industrial
(HI) Heavy Industrial
(MS) Main Street District
(MSO) Main Street District Overlay
1 inch = 1,000 feet
(LL) Large Lot District
CityofLaPorte,Texas
PlanningandZoningCommission
August6,2015
AGENDAITEM9
ConsiderrecommendationofapprovalofthePortCrossingGeneralPlan
(previouslyapprovedasTexasImportExportGeneralPlan)
generallylocatedwestofStateHighway146betweentheMStreetrightofwayandMcCabeRoad.
Applicant:PortCrossing,LP
9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ
tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ
/źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ
PlanningandZoningCommissionRegularMeeting
August6,2015
PortCrossingGeneralPlan
PlanningandDevelopmentDepartment
StaffReport
ISSUE
ConsiderapprovalofthePortCrossingGeneralPlan.
RECOMMENDATION
StaffrecommendsthePlanningandZoningCommissionapprovetheproposedPort
CrossingGeneralPlanaspresentedintheattachedExhibitA.
DISCUSSION
BackgroundInformation:
ThisitemwasincludedaspartoftheJuly16,2015PlanningandZoningCommission
agenda.TheCommissionvotedtocontinuetheitemtoaSpecialCalledMeetingon
August6,2015.
AttheJune8,2015CityCouncilmeeting,theCouncildirectedstafftoworkwiththe
ofPortCrossingonanumberofitemstoͻĭƌĻğƓǒƦͼvarious
propertyowners
discrepanciesbetweenthevariousdocumentsgoverningdevelopmentofthePort
CrossingBusinessParkandmemorializethelegaldeterminationthattheusespermitted
inthePortCrossingdevelopmentaresubjecttotheprovisionsofthecodeatthetime
theoriginalSCUPwasapprovedin2006.Thefollowingdocumentshavebeenmodified
insomemanner,andwillbepresentedthiseveningforconsideration:
1.FutureLandUsePlan.
2.FinalPlat.
3.SpecialConditionalUsePermit.
4.GeneralPlan.
5.DevelopmentAgreement.
PropertyOwner:
PortCrossing,LP
PropertyLocation:
ThePortCrossingBusinessParkconsistsofapproximately313acresofland,some
developedbutamajorityvacant.ThePortCrossingBusinessParkislocatednorthof
StateHighway146includingallamajorityofpropertiesfromtheW.MStreetrightof
waytoMcCabeRoad.
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PlanningandZoningCommissionRegularMeeting
August6,2015
PortCrossingGeneralPlan
!ƦƦƌźĭğƓƷƭRequest:
TheapplicanthasenteredintoacontracttosellthePortCrossingBusinessPark.During
theduediligencephase,itwasdiscoveredthatthereareanumberofdiscrepancies
betweenthevariousdocumentsthatgovernthedevelopmentofthePortCrossing
BusinessPark.Asaresult,theapplicantisrequestingapprovalofanamendmenttothe
previouslyapprovedPortCrossingGeneralPlan,whichwasoriginallyapprovedasthe
TexasImportExportGeneralPlan(seetheattachedExhibitB).ShouldthisGeneralPlan
beapproved,itwillsupersedethepreviouslyapprovedGeneralPlanandwillfunctionto
governanyfuturedevelopmentwithinthebusinesspark,asanexhibittotheproposed
AmendedDevelopmentAgreement.TheattachedExhibitCisacopyofaletterfromthe
applicantfurtherdescribingtherequest.
Theproposeddevelopmentwillcontinuetodevelopasitwasintended,with
commercialtracts.
warehousing,distribution,andflexindustrialusesalongwiththree
SurroundingZoningandLandUses:
ThemajorityofthesiteiscurrentlyzonedPUD,PlannedUnitDevelopment,howevera
portionofReserveCiszonedLI,LightIndustrial.DevelopmentwithinaPUDisrequired
toseekapprovalofaSCUP.TheattachedExhibitDshowsthezoningofthesubject
propertyandsurroundingproperties.ExhibitEshowstheprojectasitrelatestothe
ĭźƷǤƭFutureLandUsePlan.Thefollowingtablesummarizesthesurroundingzoningand
landuses:
ZoningLandUse
bƚƩƷŷ PUD,PlannedUnitDevelopmentUndeveloped
GC,GeneralCommercialVacantandHotel(currentlyunderconstruction)
{ƚǒƷŷ LaPorteETJSouthLaPorteIndustrialDistrict
ĻƭƷ LaPorteETJBayportIndustrialDistrict
9ğƭƷ StateHighway146StateHighway146(approximately340rightofway)
Analysis:
ThereviewofaGeneralPlanissubjecttoSections4.01oftheĭźƷǤƭDevelopment
Ordinance.GeneralPlansrequirefinalapprovalbythePlanningandZoningCommission.
ThepreviousTexasImportExportGeneralPlanisanobsoletedocumentanddoesnot
adequatelydescribetheproposeddevelopmentofPortCrossing.Thelanduses
identifiedintheproposedGeneralPlanaremoreconsistentwiththe/źƷǤƭfutureland
usemapaswellashowthePortCrossingBusinessParkhasdeveloped.Thisdocument,
ifapproved,willbecomeanexhibittotheAmendedDevelopmentAgreement.
2
PlanningandZoningCommissionRegularMeeting
August6,2015
PortCrossingGeneralPlan
Asstatedabove,ReserveCissplitzonedLIandPUD.Asaresult,eventhoughthe
proposedGeneralPlanidentifiestheparcelasͻIĻğǝǤLƓķǒƭƷƩźğƌͼuse,itcouldonly
developmentinaccordancewiththerequirementstheLIzonedistrict.However,the
applicantcouldatafuturetimepetitionthecityforarezoningofthepropertyin
accordancewithapplicablerequirementsoutlinedinthecode.
ATTACHMENTS
ExhibitA:ProposedPortCrossingGeneralPlan
ExhibitB:ExistingTexasImportExportGeneralPlan(approvedin2005)
ExhibitC:ProjectDescriptionLetter
ExhibitD:ZoningMap
ExhibitE:LandUseMap
3
A
EXHIBIT
EXHIBIT B
EXHIBIT C
EXHIBIT C
EXHIBIT D
ZONING MAP
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(R-1) Low Density Residential FOUNTAIN
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(R-2) Medium Density Residential
CO
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(R-3) High Density Residential
C CABE RD
M
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MC CA
(MH) Manufactured Housing
(GC) General Commercial
(NC) Neighborhood Commercial
(PUD) Planned Unit Development
H
ACKBERR
Y AVE
(BI) Business Industrial
(LI) Light Industrial
(HI) Heavy Industrial
(MS) Main Street District
(MSO) Main Street District Overlay
1 inch = 1,000 feet
(LL) Large Lot District
EXHIBIT E
LAND USE MAP
LITTLE CEDAR BAYOU DR
W M ST
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EXPORT DR
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Legend
Future Land Use (2012)
FLU2011
Large Lot Residential (New)
Low-Density Residential
Mid- to High-Density Residential
Mixed Use (New)
Neighborhood Commercial (New)
Commercial
Main Street (New)
Business Industrial (New)
Light Industrial (New)
Heavy Industrial (New)
Parks and Open Space (New)
Public / Institutional
MC CABE RD
RD
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MC C
City Limits
City of La Porte, Texas
Planning and Zoning Commission
August 6, 2015
AGENDA ITEM 10
Consider recommendation of approval of the Amended Development Agreement
between the City of La Porte and Port Crossing, L.P.
for the Port Crossing Business Park.
Applicant: Port Crossing, L.P.
Eric J. Ensey, City Planner
Planning and Development Department
City of La Porte, Texas
Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing Amended Development Agreement
Planning and Development Department
Staff Report
ISSUE
Consider a recommendation to the City Council on a request by the applicant Port
Crossing, L.P. for approval of an Amended Development Agreement for the Port Crossing
Business Park.
RECOMMENDATION
Staff recommends the Planning and Zoning Commission recommend approval of the
proposed Amended Development Agreement as drafted.
DISCUSSION
This item was included as part of the July 16, 2015 Planning and Zoning Commission
agenda. The Commission voted to continue the item to a Special Called Meeting on
August 6, 2015. Since that meeting, staff and the applicant met to discuss some of the
concerns of the Commission. As a result, the Amended Development Agreement has
been modified as follows:
1.Exhibit C of the Amended Development Agreement (see Attachment A) has been
amended to prohibit truck stops as defined in the section. Among those items
defined are canopy height and the number of diesel dispensers.
2.Exhibit C of the Amended Development Agreement (see Attachment A) has been
modified to limit the size and type of warehouses that can be developed on the
BI tracts along Highway 146. Bay doors will not be allowed to front Highway 146
and the buildings will be designed with grade-level storefront entries and
windows facing Highway 146.
At the June 8, 2015 City Council meeting, the Council directed staff to work with the
property owners of Port Crossing on a number of items to “clean up” various
discrepancies between the various documents governing development of the Port
Crossing Business Park and memorialize the legal determination that the uses permitted
in the Port Crossing development are subject to the provisions of the code at the time
the original SCUP was approved in 2006. The following documents have been modified
in some manner, and will be presented this evening for consideration:
1.Future Land Use Plan.
2.Final Plat.
3.Special Conditional Use Permit.
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Planning and Zoning Commission Regular Meeting
August 6, 2015
Port Crossing Amended Development Agreement
4.General Plan.
5.Development Agreement.
The proposed modifications to the Development Agreement are described below:
A.Land Use. The Amended Development Agreement references the land uses
described in Exhibit C of the document (Land Use Exceptions). Based on direction
from the City Council, land uses for the various parcels are indicated in the
General Plan and are those uses in the city’s Land Use Chart effective on
September 11, 2006 (the time when SCUP #06-006 was approved by the City
Council).
B.Trail Syste m. The city does not have any plans to construct a trail system through
the Port Crossing Development. References to such trail system have been
removed.
C.Parking and the Landscape Buffer.The applicant is requesting consideration of a
modification that would permit up to one row of standard parking stalls to
encroach into the landscape buffer. The recorded restrictive covenants already
have such an allowance, and in fact allow parking as allowed by the Port Crossing
Board. Staff is requesting that if such parking is located in the landscape buffer
that the following landscape requirements be incorporated:
i.Shrubs shall be planted at 3’ on center between the parking and adjacent
rights-of-way.
ii.A landscape planter of at least 135 square feet in area shall be provided
after every 10 parking stalls and shall included at least 1 shade tree and
shrubs.
D.Declaration of Restrictive Covenants. The CCRs for Port Crossing have already
been recorded. All reference to CCRs have been revised to refer to the recorded
document and not the draft version.
E.Fire Protection, Hazardous Materials & Safety. Items 7.1 and 7.3 have been
removed, these items have not been performed and are not required by the Fire
Marshal. Staff confirmed with the Fire Marshal that the city’s Fire Department
will respond to any fire or other emergency within the Port Crossing Business
Park as it is within the city’s municipal jurisdiction. Additionally, the Fire Marshal
reviews all building permits and those zoning permits where hazardous materials
may be used or stored and performs inspections as necessary.
ATTACHMENTS
Attachment A: Draft Amended Development Agreement (showing changes)with
Exhibits
Attachment B: Previously Approved Development
2
ATTACHMENT A
AMENDED DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“Agreement”) is entered into between Port Crossing
Land, LP; a Texas limited partnership (“Owner-Developer”); theirSuccessors and Assigns,
including the “Other Owners”(hereafter defined) and the CITY OF LA PORTE, TEXAS, a
Texas Municipal Corporation (“City”) on the ___ day of _________, 2015.
Recitals
This agreement amends the previous version of this agreement approved by the City Council on
September 11, 2006.
Owner-Developer is developing an approximately 300-acre tract in the City of La Porte, as the
Port Crossing, which is referred to as the Tract and defined hereinafter in Article I. Owner-
Developer and the Other Owners are developing the Tract, presently zoned PUD, for retail,
commercial, and business park with some industrial uses. Owner-Developer and the Other
Owners shall construct municipal utilities, including streets, a water distribution system,
wastewater collection system, and the storm drainage/detention system that will connect with the
existing City of La Porte and other regional systems in accordance with development regulations
and policies of the City, Harris County, and Harris County Flood Control District.
Powell Road Logistics, L.P. (“Powell Road Logistics”), a Texas limited partnership, National
Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona
limited liability partnership and FLPCW, LP, a Texas limited partnership, (collectively, the
“Other Owners”), the owners of certain tracts of land also containing a total of approximately 63
acres out of the Tract are joining in this Agreement for the purpose of confirming their
agreement to develop their respective portions of the Tract pursuant to the provisions of this
Agreement.
The City has required, and Owner-Developer and the Other Owners have agreed, that the Tract
will be developed in accordance with the General Plan approved by the City (as defined below
and attached hereto).
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Owner-Developer agree as follows:
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1Definitions. Unless the context indicates otherwise, the following words as used in this
Contract shall have the following meanings:
City
means the City of La Porte, Texas.
).docx
H-02-Draft Development Agreement (showing changes
ATTACHMENT A
General Plan
means the plan for the physical development and use of the Tract as defined herein
and approved by the City on _____ day of ____, 2015, and as it may be amended from time to
time..
Owner-Developer Port Crossing Land, LP their
means or assigns or succeeding developers (or
their designated agent or agents).
Tract
means the approximately 300 acres of land to be developed by Owner-Developer as
described in Exhibit A.
1.2Exhibits. The following exhibits attached to this Contract are a part of the Contract as
though fully incorporated herein:
Exhibit A - Special Conditional Use Permit #15-91000004 (“SCUP”), as it may amended from
time to time.
Exhibit B - General Plan
Exhibit C - Land Use Exceptions
.
Exhibit DExhibit D - Recorded Declaration of Restrictive Covenants for Port Crossing
applicable to all construction and uses.
Exhibit E- Traffic Control Plan
ARTICLE II. GENERAL PLAN AND LAND USE
2.1General Plan and Land Use. Owner-Developer and Other Owners shall develop their
respective portions of the entire Tract in accordance with the General Plan, SCUP and this
Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land
Use Restrictions are provided for in paragraph 2.3. The Owner-Developer and Other Owners
shall only be responsible for compliance with the General Plan, SCUP and this Agreement with
respect to their respective portions of the entire Tract.
2.2Amendments. The City acknowledges and Developer represents that Developer’s intent
is to develop the Tract as a predominantly commercial PUD development, with some industrial
components consistent with City’s Land Use Plan subject to certain exceptions listed below.
Developer or Developer’s successors shall provide appropriate amenities and support facilities as
set forth on the General Plan, which is attached to this Agreement. City acknowledges that
Developer intends to develop the Tract in phases, and that all development shall be consistent
with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should
Developer determine that the General Plan needs to be amended, Developer shall submit an
application for amendment of the Special Conditional Use Permit, which said application shall
be processed consistent with this Agreement, the current General Plan, and the Zoning
).docx- 2 -
H-02-Draft Development Agreement (showing changes
ATTACHMENT A
Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments
to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in
writing.
2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all
development and improvements to the Tract to the City’s Code of Ordinances and established
policies, and further agrees that land uses shall be further restricted according to Exhibit C,
except for the permitted uses authorized by Exhibit “C”.
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Owner-Developer has developed a Draft
Declaration of Restrictive Covenants for Port Crossing, which are attached to this Agreement as
Exhibit “D”. These protective covenants and deed restrictions will apply to and be binding upon
the Tract, and shall be in form substantially similar to Exhibit “D”. The covenants and deed
restrictions have been approved by the City and have been recorded concurrently with each
recorded plat.
ARTICLE IV. TERMINATION
.
4.1 TermThis Agreement shall have a term commencing on the date first written above,
and continuing until the date in which all portions of the Tract have been platted and developed
(with construction of all streets and utilities on the Tract as reflected by the Plat completed or
installed and financed by the Owner-Developer.
Failure of Owner-Developer to begin construction in accordance with the Special Conditional
Use Permit as scheduled under the terms of the Special Conditional Use Permit, shall terminate
this Agreement. Owner-Developer may, before the expiration of one year, request an extension
of time from the Planning and Zoning Commission, in the event that construction has not started
in accordance with the Special Conditional Use Permit.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide common
open space as shown in Comprehensive Plan and the General Plan, including any required
portion of planned City trail system within the project consisting of public sidewalks within the
rights-of-way noted on the Plat on at least one side of each street, together with landscaping
-
adjacent to such sidewalks pursuant to the landscape plan approved by the City. Owner
Developeralso will cooperate with any additional trail system plan on property dedicated to the
City in fee or as an easement within the drainage easement and/or detention pond/drainage
system shown on the General Plan.
It is recognized that, until the final design of the detention pond/drainage system is approved, the
exact location and dimensions of these facilities is unknown. When the final design is approved
the City will evaluate the potential for use of these areas as public recreation amenities.
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ATTACHMENT A
At that time and with mutual consent, the City may elect to accept these facilities either in
easement or fee. The initial development of the detention pond/drainage system and perimeter
landscaping of these facilities shall be the responsibility of the Owner -Developer. In
coordination with the Owner-Developer and the Harris County Flood Control District, the City
will accept the drainage and detention facilities as public domain with right of entry,
Maintenance of said facilities will rest solely with the Owner-Developer and the property
owner’s association governing the Tract.
5.2 Buffering and Beautification.The Owner-Developer shall implement a uniform and/or
Formatted: Left, Space After: 0 pt
compatible landscape plan for all phases of the entire project that will address landscaping
Formatted: Font: Bold
provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the
building setbacks and landscape easements or reserves throughout. A Landscape Buffer (a
minimum of 50’ wide) shall be provided along the west side of Powell Road and shall include
extensive screening-type vegetation.landscaping materials compatible with the Declaration of
Restrictive Covenants. A landscape buffer, a minimum of 50’ wide, will also be provided along
State Highway 146. Landscape reserves shall also be included adjacent to all roadways,
including the east side of Powell; but rather than screen, shall be landscaped compatible with the
A row of
ultimate use of that adjacent property. Parking is allowed in any landscape buffer.
standard automobile parking stalls is permitted within the Landscape Buffer subject to the
following criteria:Parking lots withina Landscape Buffer shall be developed using the following
criteria:
i.Shrubs are required in the Landscape Buffer within 10’ of any parking areaadjacent to
the right-of-way and shall be spaced at three feet on center. At maturity, shrubs in a
required Landscape Buffer should form a continual evergreen hedge or row of 36 inch in
height.
ii.Parking lot with minimum 20 spaces shall provide aAplanter at the ratio of one for
every ten parking spaces is required.
iii.Planters (minimum 135 square feet) shall not abut on more than two sides of required
perimeter landscape area. Each required planter shall have one shade tree. Trees shall be
dispersed throughout the parking lot to maximize the shading effect on the parking
spaces. These trees are exclusive of trees planted around the perimeter of the parking lot.
5.3 Signage. The Owner-Developer shall implement acomply with the sign standards policy,
as part of the recorded Declaration of Restrictive Covenants (Exhibit “D”) consistent with the
City’s Code of Ordinances as guidance to insure effective and uniform signage is employed
throughout the project. This policy will include uniform and/or compatible project identification
monuments, business signage, street and other traffic directional devices conforming to the
Tract’s traffic control plan and deed restrictions.
5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and
easements will be held by fee ownership of adjoining property or by the Property Owners
Association (POA), subject to conditions of the deed restrictions and landscape plan. The
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ATTACHMENT A
maintenance of the buffers, reserves and easements will be the responsibility of the contiguous
property owners pursuant to provisions of the deed restrictions, enforced by the POA.
The Open Space/Pedestrian Trail System shall be constructed within the drainage easements, the
detention pond/drainage system, landscape reserves, or public right-of-ways as dictated by the
final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System
and drainage/detention pond system shall be determined according to Article 5.1 of this
Agreement.
ARTICLE VI. SCHEDULE
6.1 Schedule. The Owner-Developer or Other Owners, as applicable, shall establish a
specific schedule for the development of and construction improvements on the Tract with the
end user(s). However, in lieu of and as the basis of that detailed schedule, the following work
program is anticipated:
Initiation of a complete engineering study, including drainage and preliminary
infrastructure design.
Detailed engineering design for Phase One, being all or a substantial part of the area
identified herein as Section One. This would include a rail connection to the main line
and a minimum spur connection to the first building anticipated, water and sanitary sewer
service, initial drainage, and detention to accommodate Phase One;
Construction of Wharton Weems Blvd., Powell Road, and Export Drive shall be
completed in accordance with the Traffic Study recommendations or as needed for
development purposes;
Initiation of procedure to abandon and relocate a portion of Powell Road, south of the
projection of Wharton Weems Blvd. within one (1) year of SCUP approval;
Platting, site plan, and detailed engineering plan review by the City of La Porte and
others;
Initiation of construction pursuant to item 6.1 above, identified as Phase One; and
Continuation of remainder of development as rapidly as market demands.
ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY
7.1Fire Protection.The Owner-Developer shall formulate a plan for fire protection to serve
the Tract by separate agreement with the POA and respective grantees.
7.27.1 Hazardous Materials. The Owner-Developer agrees no hazardous materials as
identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site.
Compliance will be enforced by the POA in concert with the City.
7.3Safety.The Owner-Developer shall formulate a public safety and training plan with the
City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a
building permit.
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ATTACHMENT A
ARTICLE VIII. TRAFFIC CONTROL PLAN
8.1.1 Traffic Control Plan. The Owner-Developer has established a Traffic Control Plan
(shown on the attached Exhibit “DE”) for the entire project to regulate to the extent practical
project-generated vehicular traffic. In Section One, based on the target market use, the Traffic
Control Plan will include designated truck routes to and from the site, segregation of automobile
traffic, limitation of access from public streets (driveways) and utilization of common cross
easements between tracts for internal circulation.
8.2 Truck Traffic. This controlled traffic will ultimately be directed to State Highway 146
via Powell Road to Wharton Weems Blvd., to standards approved by Harris County as shown on
Exhibit “B” - General Plan. Project driveways will be constructed to induce proper directional
movement to preempt to the extent practical northbound traffic on Powell Road. This will be
complemented by traffic signage as appropriate. In addition, Owner-Developer shall employ
routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers,
employees, and regular contractors or service vendors.
8.3 Driveway Access. The Owner-Developer shall establish driveway access controls that
shall be controlled through restrictive covenants, architectural controls and City Site Plan review.
This will include conditions and design standards consistent as to size, but fewer in number as
established in TxDOT Driveway Manual, Harris County, Texas, and the City Zoning Code (106-
835) pursuant to specific site plan review. Unless otherwise approved during review of
preliminary plats and the Plat, driveways along SH146 entering this Tract shall be limited to a
total of eighteen (18), but in all cases, each individual reserve with frontage on SH146 shall have
at least one opening. Provision shall be made, where practical, for internal cross-access
easements to maximize ingress, egress and circulation to minimize congestion on public rights-
of-way and to encourage traffic to be directed to Wharton Weems Blvd. interchange.
8.4 Transportation Issues The Developer shall continue to work with the City, Harris
County and other public and private sector interests to implement the timely study and/or
construction of transportation components.
ARTICLE IX. SITE RAIL TRAFFIC
9.1Site Rail Traffic. The Other Owners and/or Rail Logix, LP (“Rail Logix”), a Texas
limited partnership, an affiliate of one of the partners of Owner-Developer, as applicable, will
continue to work with City and such parties’ rail consultants, as evidence of the commitment to
the City to improve rail efficiency in the area, reduce conflicts at Fairmont Parkway, and
potentially decrease current rail impacts. On-site rail facilities and operations shall be controlled
by Rail Logix in order to maximize rail efficiency and minimize peak hour conflicts with
vehicular traffic at Fairmont Parkway. Owner – Developer, Other Owners and Rail Logix agree
and acknowledge that the rail yard as depicted on the General Plan shall be limited to a
maximum of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell
Road.
ARTICLE X. UTILITIES, DRAINAGE
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ATTACHMENT A
10.1 Utilities, Drainage. The Owner-Developer shall design and construct adequate water,
wastewater, and drainage facilities to serve each phase of this project in accordance with City
requirements and as further defined by this Agreement. As to water and sanitary sewer, this
would include a water system that would deliver 4-6,000 gallons per minute necessary for
sprinklered fire protection with a loop connection to the 16” main on the east side of S.H. 146
and a gravity wastewater disposal system that flows into a 60” trunk line on “K” street south of
Fairmont Parkway.
The Developer will provide a drainage study for the Tract. The study and design of drainage
improvements shall meet the requirements and approval of the City and Harris County Flood
Control District. Owner-Developer’s representative agrees to meet with City, prior to design of
public utilities, to discuss design criteria standards and policies. City shall approve all
construction plans and specifications for public improvements in accordance with the applicable
Public Improvement Criteria Manual.
ARTICLE XI. BUILDING LINES
11.1 Building Lines. The Owner-Developer shall establish building lines appropriate to the
use, but not less than those prescribed in the City Code of Ordinances in effect on September 11,
2006. Within the industrial Land Uses area west of Powell Road there will be a landscaped 50-
foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot
landscape buffer and building line shall be maintained. These respective 50- foot landscape
buffers shall be kept free from all other uses with the exception of signage, drainage and
detention improvements, and approved drives, parking and entrances. Owner-Developer agrees
that other building lines will be either equal to or greater than that required by the zoning
ordinance in effect on September 11, 2006, for the land use shown and shall be based on site use
and orientation of the improvements or as shown on the General Plan.
ARTICLE XII. MISCELLANEOUS
12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the entirety or
any portion of the Tract to a person or entity intending to develop the tract or such portion
thereof (a “Successor Developer,” whether one or more) and any instrument of conveyance for
the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate
this recorded Contract and exhibits hereto and provide that this Contract be binding on such
Successor Developer.
12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement, then if such party shall give
notice and full particulars of such force majeure in writing to the party within a reasonable time
after occurrence of the event or cause relied on, the obligation of the party giving such notice, so
far as it is affected by such force majeure, shall be suspended during the continuance of inability
then claimed, but for no longer period; and any such party shall endeavor to remove or overcome
such inability with all reasonable dispatch. The term “Force Majeure” as employed herein shall
mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders
of any kind of the Government of the United States, or any civil or military authority,
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ATTACHMENT A
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods,
washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial
or entire failure of water supply resulting in an inability to provide water necessary for operation
of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner-
Developer under any set of circumstances prior to commencement of construction on the Tract.
12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and
no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent
jurisdiction.
12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any
party hereto of any term, covenant, condition, or liability hereunder, or the performance by any
party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of
subsequent breaches or defaults of any kind, under any circumstances.
12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for convenience,
called “Notice”) herein provided or permitted to be given, made or accepted by any party to the
other (except bills), must be in writing and may be given or be served by depositing the same in
the United States mail postpaid and registered or certified and addressed to the party to be
notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively
deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of
three (3) days after it’s deposited. Notice given in any such other than the manner shall be
effective when received by the party to be notified. For the purpose of notice, addresses of the
parties shall, until changed as hereinafter provided, be as follows:
If to the City, to: If to Owner/Developer, to:
City of La Porte Port Crossing Land, LP
Attn: City Manager RussellMichael Plank
604 West Fairmont Parkway 3330 S. Sam Houston Pkwy. E.
La Porte, Texas 77571 Houston, TX 77047
and
Port Crossing Land, LP
Mark Studtmann
Michael Luecht
One Pierce Place, Suite 450
Itasca, IL 60143
The parties shall have the right from time to time and at any time to change their respective
addresses and each shall have the right to specify any other address by at least fifteen (15) days
written notice to the other.
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ATTACHMENT A
12.6 Merger and Modifications. This Contract, including the exhibits that are attached
hereto and incorporated herein for all purposes, embodies the entire agreement between the
parties relative to the subject matter thereof. This Contract shall be subject to change or
modification only with the mutual written consent of the parties.
12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner-Developer
and shall not be construed to confer any benefit on any other person except as expressly provided
for herein.
12.8 Attorney’s Fees. In the event of any litigation between the parties with respect to this
Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and
court costs from the losing party.
12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the
City does not, by entering in to this Contract or performing any act hereunder or by failing to
take any action hereunder, waive any governmental immunity that the City, its officers,
employees, or representatives, have under any law.
12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to
herein as Owner-Developer shall not be or constitute a breach of this agreement by the other
party of Owner-Developer.
12.11 Covenant Running With the Land. The obligations imposed on Owner Developers
herein shall not impose personal liability on them, but shall constitute a covenant running with
the land, and as such shall be binding on the present owners of the Tract as well as subsequent
owners thereof.
(This space intentionally left blank)
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ATTACHMENT A
OWNER-DEVELOPER:
Port Crossing Land, LP,
a Texas limited partnership
By: Port Crossing Land GP, LLC
a Texas limited liability company
it general partner
By: _________________________________
Russell DMichael J. Plank, Vice PresidentManaging Partner
Formatted: Font color: Auto
Date:________________________________
OTHER OWNERS:
DEL PISO INVESTMENTS, LLLP, an Arizona limited
liability limited partnership
By: Harl Avenue Investments, L.L.C., an Arizona
limited liability company, its general partner
By: _________________________________
By:________________________________
Date:________________________________
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ATTACHMENT A
FLPCW, LP
a Texas limited partnership
By: FLP Candle GP, Inc.,
a Texas corporation its general partner
By: _________________________________
George Cook, President
Date:________________________________
National Property Holdings, L.P.,
a Texas limited partnership
By: National Property Holdings GP, LLC,
a Texas limited liability company
its general partner
By: _________________________________
Michael J. Plank, President
Date:________________________________
Powell Road Logistics, L.P.,
a Texas limited partnership
By: Powell Road Logistics GP, LLC
a Texas limited liability company,
its general partner
By: _________________________________
Michael J. Plank, President
Date:________________________________
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ATTACHMENT A
CITY OF LA PORTE, TEXAS
By: _________________________________
CityManager
Date:_______________________________
_
ATTEST:
_____________________________
City Secretary
APPROVED:
__________________________________
Assistant CityAttorney
Exhibit C
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ATTACHMENT A
City of La Porte
Special Conditional Use Permit #15-91000004
This permit is issued to:Port Crossing, L.P.; Port Crossing A3, L.P.; Port Crossing A4, L.P.; Port
Crossing B5, L.P.
Owner or Agent
3330 S. Sam Houston Parkway E.; Houston, Texas 77047
Address
For Development of: Port Crossing Business Park: Approximately300 acre mixed use
development (formerly Texas Import Export).
Development Name
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
Zoning: PUD, Planned Unit Development
Permit Conditions:
This Special Conditional Use Permit is 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 and specifically 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 for
truck parking, or contains 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.
ATTACHMENT A
9.Within reserves E, 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.
10.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.
11.This SCUP is binding on all owners of property included in the Legal description and their
successors and assigns.
If contract or agreementis terminated after completion of any stage and there is ample evidence that further
development has been abandoned, 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 and Development City Secretary
ATTACHMENT A
ATTACHMENT A
Exhibit C
1
Land Use Exceptions
In reserves where the General Plan indicates “GC” uses, all uses permitted in the City of La
Porte Zoning Ordinance Use Chart effective on September 11, 2006, under GC (indicated with a
“P”) are permitted here with the exception of:
Building Construction – General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use
Residential Uses
In reserves where the General Plan indicates “BI” uses, all uses permitted in the City of La Porte
Zoning Ordinance Use Chart effective on September 11, 2006, under BI (indicated with a “P”)
are permitted here with the exception of:
Building Construction – General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping
Containers
General Contractors, Heavy Construction (161, 162, 1541)
Off Premises Signs
In reserves where the General Plan indicates “LI” uses, all uses permitted in the City of La Porte
Zoning Ordinance Use Chart effective on September 11, 2006, under LI (indicated with a “P”)
are permitted here with the exception of:
Building Construction – General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping
Containers
General Contractors, Heavy Construction (161, 162, 1541)
Manufacturing of Chemicals and Allied Products (282-285)
1
Attached to and incorporated into this exhibit is the use chart for the City of La Porte Zoning Ordinance as of
September 11, 2006. To the extent that the zoning ordinance for the City of La Porte has been or is amended, after
the date Special Conditional Use Permit #SCU06-006 was first adopted, to modify, eliminate or replace the
permitted uses or the districts described in this exhibit, this exhibit controls unaffected by any such change.
ATTACHMENT A
Off Premises Signs
An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc.
Plastics Products)
In Reserve “A” labeled Rail/Warehouse on the General Plan, all uses permitted in the City of La
Porte Zoning Ordinance Use Chart effective on September 11, 2006, under LI (indicated with a
“P”) are permitted here with the exception of:
Building Construction – General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping
Containers
General Contractors, Heavy Construction (161, 162, 1541)
Manufacturing of Chemicals and Allied Products (282-285)
Off Premises Signs
An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc.
Plastics Products)
Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning
Ordinance associated with rail services such as:
A rail yard with a maximum of 22 rail lines is permitted.
Rail service to and distribution from warehouses proposed;
Rail service to light manufacturing not otherwise exempted herein.
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Exhibit E
TRAFFIC CONTROL PLAN
PORT CROSSING COMMERCE CENTER
An Approximate 300 –acre Mixed Use Development
La Porte, Texas
Port Crossing Commerce Center, an approximate 300-acre business park in the City of La Porte,
Texas, is being developed within a PUD zoning district for retail, office, warehousing and
distribution, and rail-served industrial. Pursuant to the Special Conditional Use Permit (SCUP) by
the City, this document is to provide guidance as to the control of internal and external
automobile and truck traffic generated by the Project. While the General Plan for the Project
generally designates the various uses, by ordinance each individual building or development site
will requite further Site Plan review. That review process will, therefore, include an expansion
of the Traffic Control Plan from time to time to address site specific issues particular to that use
or plan as an addendum to this document.
The goal of the Traffic Control Plan is to insure the efficient flow of traffic to and from and within
the Project in a manner that will minimize additional adverse impacts to the existing
thoroughfare system of the area. It is intended that the guidance established herein shall be
enforced by the Port Crossing Property Owners Association (Association) with oversight by the
City. This guidance is to be used in the preparation of development site plans as well as the
implementation of operational parameters for internal control of all vehicular traffic be the
Owner-Developer and assigns, including project managers, tenants, and subsequent individual
site owners or businesses.
The site is served by a controlled access principle arterial, State Highway 146, with an existing
interchange at Wharton Weems Boulevard, a 4-lane collector street, bisecting the Project and
th
turning into S. 16Street as a parallel roadway to S.H. 146. Due to the relatively limited service
th
area of the Wharton Weems and S. 16 Street connection, it will more than adequately
accommodate anticipated traffic generated by such a Project.
Therefore, managers, tenants, and business owner-operators are to provide routing instructions
for all traffic serving sites within the Project. This shall included employees, company trucks and
vehicles, customers, carriers, vendors or regular contractors making repetitive deliveries.
TRAFFIC CONTROL GUIDELINES
The following initial guidelines address the essential initial issues of traffic control relative to the
Project and may be amended as more detailed planning and site specific issues develop.
Page 1 of 2
ATTACHMENT A
All Project generated traffic shall be directed to ingress and egress the site at the S.H.
146 and Wharton Weems Blvd. intersection. Every effort is to be made to discourage or
prevent traffic to or from Fairmont Parkway. Internal traffic is to also be directed to the
S.H. 146-Weems intersection, especially truck traffic.
Site plan design where practicable shall utilize common driveways and cross-access
easements (drives) between sites to facilitate quality and effective internal traffic flow,
circulation within the Project.
Driveways, especially to S.H. 146, shall be minimized to the extent practicable and
within the limits stated within the SCUP. Each build site must be allowed at least one
driveway if requested, but sharing of driveways should be encouraged as a policy.
Location of driveways opposite each other along Wharton Weems Blvd. should be
encouraged, particularly where esplanade openings might exist.
th
Driveways along S. 16Street shall be designed and signed accordingly to facilitate the
flow of truck traffic toward the S. H. 146 intersection. A driveway design that would
preempt truck traffic to the north toward Fairmont Parkway is to be mandated, except
for those destined to facilities that may exist south of Fairmont Parkway.
Esplanades, esplanade openings, including left turn lanes, and driveway curb returns
shall be designed to safely accommodate truck traffic with minimum impacts on the
other roadway traffic. Where it is deemed possible and practicable, consideration shall
be given to the separation of automobile and truck entrances, driveways and parking.
All aspects of traffic design discussed herein, including by not limited to geometric design, traffic
signs, and standards shall conform to the applicable provisions of the City Code of Ordinances,
the Texas Manual on Uniform Traffic Control Devices, and recommendations and standards of
the traffic industry (AASHTO).
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