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HomeMy WebLinkAbout2-17-22 Regular Meeting of the Planning and Zoning CommissionHAL LAWLER Chairman DONNA O'CONNER Commissioner At Large A JOE MOCK Commissioner At Large B NOLAN ALLEN Commissioner District 1 RICHARD WARREN Commissioner District 2 Vice Chairman JAMES WALTER Commissioner District 3 MARK FOLLIS Commissioner District 4 LOU ANN MARTIN Commissioner District 5 CHRISTINA TSCHAPPAT Commissioner District 6 LA PORTE PLANNING AND ZONING COMMISSION AGENDA THURSDAY, FEBRUARY 17, 2022 REGULAR MEETING 6 P.M. CITY COUNCIL CHAMBER LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571 Remote participation is available. Attend via tablet, mobile phone, or computer using the following link:llh 1 . s //tAs 2 ellb zoom,us�"'/55 2 155 5 mod, wsi m "'lll S JI 2 t 111 ° IIC' III b lli llh 211l III d b JIC f. JIL U Join by phone at 877-853-5257 or 888-475-4499. The meeting ID is 830 2415 8995. The passcode is 131364. 1. CALL TO ORDER 2. ROLL CALL OF MEMBERS 3. CONSIDER APPROVAL OF THE MEETING MINUTES: Approve the minutes of the January 20, 2022 regular meeting of the Planning and Zoning Commission. 4. RESIDENTIAL REPLAT #21-97000005: The Commission will hold a public hearing for Residential Replat #21-97000005, pursuant to an application from Stephen Blaskey of High Tide Surveying, on behalf of Staci Trahan and Sidney Espinoza, Jr., owners, for the proposed Partial Replat of Battleground Estates Section 1, a 1.215-acre replat located at the 11007 Houston Dr. and legally described as Lots 21-26, Block 2, Battleground Estates Section 1, & Reserve B, Block 12, Battleground Estates Section 2, Harris County, Texas. a. Staff Presentation b. Public Comments (Limited to 5 minutes per person) c. Adjourn Hearing 5. COMMISSION DISSCUSSION AND POSSIBLE ACTION: Residential Replat #21-97000005. 6. ZONE CHANGE REQUEST #22-92000005: The Commission will hold a public hearing for Zone Change Request #22- 92000005, pursuant to an application from Travis and Britney Barnett, applicant and owner, for approval of a zone change from Low Density Residential (R-1) to Residential Large Lot (LLD), on a 2.448-acre tract of land located at 10807 Houston Drive; legally described as Reserve A & Al, Block 12, Battleground Estates Section 2, Harris County, Texas. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) Cl. Adjourn Hearing 7. COMMISSION DISSCUSION AND POSSIBLE ACTION: Zone Change Request #22-92000005 8. SCUP REQUEST #22-91000002: The Commission will hold a public hearing for Special Conditional Use Permit Request #22- 91000002, pursuant to an application from Jamil Jaffer, on behalf of Rick Kight of ODIA Fairmont, LLC, owner, for approval of a SCUP to allow for a merchant wholesaler use in the Business Industrial (BI) zoning district, on a 8.4- acre tract of land located at the 2200 block of Fairmont Parkway; legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas. a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Adjourn Hearing 9. COMMISSION DISSCUSION AND POSSIBLE ACTION: SCUP Request #22-92000002. 10. ZONE CHANGE REQUEST #22-92000004: The Commission will hold a public hearing on Zone Change Request #22- 92000004, pursuant to an application from the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) and Low Density Residential (R-1) to Planned Unit Development (PUD), for a 14.2-acre tract of land located at the 3900 Block of Underwood Road; legally described as Tracts 813 & N 300 feet of Lots 698 & 699; Tracts 698A, 699A & 814; Tracts 698B, 699B & 815 La Porte Outlots, Harris County, Texas. a. Staff Presentation b. Public Comments (Limited to 5 minutes per person) c. Adjourn Hearing 11. COMMISSION DISSCUSION AND POSSIBLE ACTION: Zone Change Request #22-92000004 12. ZONE CHANGE REQUEST #22-92000006: The Commission will hold a public hearing on Zone Change Request #22- 92000006, pursuant to an application from the City of La Porte, applicant, for approval of a zone change from High Density Residential (R-3) to Low Density Residential (R-1), for a 16.8-acre tract of land located between San Jacinto Ave, Park Dive, and East H Street; legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas. a. Staff Presentation b. Public Comments (Limited to 5 minutes per person) c. Adjourn Hearing 13. COMMISSION DISSCUSION AND POSSIBLE ACTION: Zone Change Request #22-92000006 14. CHAPTER 106 (ZONING) AMENDMENTS: The Commission will hold a Public Hearing to receive input on an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte. d. Staff Presentation e. Public Comments (Limited to 5 minutes per person) f. Adjourn Hearing 15. COMMISSION DISSCUSION AND POSSIBLE ACTION: Chapter 106 Amendments 16. DISCUSSION ITEM: a. Possible zone change for portions of S. 31d and S. 2nd Streets. b. Chapter 106 Subcommittee N 17. ADMINISTRATIVE REPORTS: a. Council Action Update b. Next Regular Meeting — Mach 17, 2022 18. COMMISSION COMMENTS: Comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 19. ADJOURN A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by the Council. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the Planning and Development office (281-470-5057) three (3) business days prior to the meeting for appropriate arrangements. Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. CERTIFICATION I do hereby certify that a copy of the February 17, 2022 Planning and Zoning Commission agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Title: N a. January 20, 2022 El HAL LAWLER Chairman DONNA O'CONNER Commissioner At Large A JOE MOCK Commissioner At Large B NOLAN ALLEN Commissioner District 1 RICHARD WARREN Commissioner District 2 Vice Chairman MINUTES OF THE REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION JANUARY 20, 2022 JAMES WALTER Commissioner District 3 MARK FOLLIS Commissioner District 4 LOU ANN MARTIN Commissioner District 5 CHRISTINA TSCHAPPAT Commissioner District The Planning and Zoning Commission of the City of La Porte met in a regular meeting on Thursday, January 20, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Commissioners present: Vice Chairman Richard Warren; Commissioners Christina Tschappat; Donna O'Conner; Nolan Allen; Joe Mock; Mark Follis and James Walter. Commissioners absent: Chairman Hal Lawler and Commissioner Lou Ann Martin. City Staff present: Ian Clowes, City Planner; Teresa Evans, Planning and Development Director; Chase Stewart, Planning Technician; Clark Askins, Assistant City Attorney. 1. CALL TO ORDER — Vice Chairman Warren called the meeting to order at 6:00 p.m. 2. ROLL CALL OF MEMBERS: — Commissioner Martin was absent. Chairman Lawler was not present for the beginning of the meeting but was later present via zoom. He was unable to participate as he was not visible to the entire Commission and audience. 3. CONSIDER APPROVAL OF THE MEETING MINUTES: a. Approve the minutes of the meeting held on December 16, 2021. Commissioner Allen moved to approve the meeting minutes; the motion was adopted, 7-0. 4. MAJOR DEVELOPMENT PLAT #21-97000009: Consider approval of a Major Development Plat for LP Two Twenty Five Business Park, a commercial development consisting of 56.924-acres, located south of SH 225, bisected by North P Street and legally described as 56.924-acres of land situated in the Enoch Brinson League, Abstract Number 5, Harris County, Texas. City Planner Ian Clowes presented the Plat and explained that there were some minor conditions of approval regarding the removal of unnecessary language shown on the plat. Commissioner Follis questioned the northern boundary of the plat which appears to have left out a rail easement that separates this tract from SH 225. Staff indicated that they will verify this information and suggested it be added as a condition of approval. Commissioner Follis moved approve the plat with the conditions that the notes referring to land use and zoning be removed and that the northern boundary line be verified; the motion was adopted, 7-0. 5. ZONE CHANGE REQUEST #22-91000001: Open a public hearing on SCUP Request #22-91000001, a request by Melaney Gibbs and Ronald Tarantino, applicant and owner; for approval of a SCUP to allow for a secondary dwelling unit in the Low Density Residential (R-1) zoning district, on a 0.53- acre tract of land located at 9305 Carlow Lane; legally described as Lots 67 & 68, Block 4, Spenwick Place Section 1, Harris County, Texas. City Planner Ian Clowes presented the SCUP request and provided background information. Page 1 of 3 January 20, 2022 - P&Z Commission Meeting Minutes Commissioner Follis asked if the applicant had considered subdividing the property. They stated that they had not. Commissioner Allen asked what the secondary dwelling would be used for. The applicant stated that it will be Primarily utilized as a home work space. 6. ADJOURN PUBLIC HEARING: 6:27 PM. Commissioner O'Conner moved to recommend approval of SCUP Request #22-91000001 as presented; the motion was adopted, 7-0. 7. ZONE CHANGE REQUEST #22-92000001: Open a public hearing on Zone Change Request #22- 92000001, a request by the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) to Low Density Residential (R-1), for a 11.3-acre tract of land located along Ashton Lane and Oakhaven Road; legally described as Lots 45-53, Block 8, Brookglen Section 2; Tract 17D, Abstract 482 W Jones; Lot 1, Block 1, Rigo Estates; and Lots 1-5, Block 1, Risen Valley, Harris County, Texas. City Planner Ian Clowes presented the Zone Change request and explained how this was a Commission initiated zone change. The Commissioners had no additional questions regarding this request. 8. ADJOURN PUBLIC HEARING: 6:35 PM. Commissioner O'Conner moved to recommend approval of Zone Change Request #22-92000001 as presented; the motion was adopted, 7-0. 9. ZONE CHANGE REQUEST #22-92000002: Open a public hearing on Zone Change Request #22- 92000002, a request by the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) to Low Density Residential (R-1), for a 9.98-acre tract of land located within the Pecan Crossing subdivision, Section 1; legally described as Lots 1-9, Block 1 and Lots 1-30, Block 3, Pecan Crossing Section 1, and a portion of Tract 714A, La Porte Outlots, Harris County, Texas. City Planner Ian Clowes presented the Zone Change request and explained how this was a Commission initiated zone change. The Commissioners had no additional auestions reaardina this reauest. 10. ADJOURN PUBLIC HEARING: 6:40 PM. Commissioner Allen moved to recommend approval of Zone Change Request #22-92000002 as presented; the motion was adopted, 7-0. 11. ZONE CHANGE REQUEST #22-92000003: Open a public hearing on Zone Change Request #22- 92000003, a request by the City of La Porte, applicant, for approval of a zone change from Medium Density Residential (R-2) to Low Density Residential (R-1), for a 19.5-acre tract of land located within the Pecan Crossing subdivision, Section 4 and the Summer Winds Subdivision Section 4; legally described as Lots 30-36, Block 6, Lots 72-78, Block 1, Lots 11-15, Block 7, Lots 6 & 12, Block 8, Reserve A, Block 1, Pecan Crossing Section 4; Lots 8-20, Block 1, Lots 1-4, Block 3, and Reserve A, Block 1, Summer Winds Section 3 Amending; and Lot 696B, La Porte Outlots, Harris County, Texas. City Planner Ian Clowes presented the Zone Change request and explained how this was a Commission initiated zone change. The Commissioners had no additional questions regarding this request. 12. ADJOURN PUBLIC HEARING: 6:51 PM. Commissioner Tschappat moved to recommend approval of Zone Change Request #22-92000003 as presented; the motion was adopted, 7-0 Page 2 of 3 January 20, 2022 - P&Z Commission Meeting Minutes 13. DISCSSUION ITEM: a. Battery Storage use discussion. Staff explained that this was a request by Commissioner Follis. The Commission discussed amending Chapter 106 to make it that any future battery storage facility use would require a SCUP. Staff agreed to look into this and present possible language. b. Update on High Frequency Truck Route proposed amendments. Staff presented the proposed Chapter 106 amendments meant to address the High Frequency Truck Route concerns. The commission had no major concerns with the proposed language. c. Chapter 106 Updates Subcommittee Staff discussed how it is time to on the subcommittee. 14. ADMINISTRATIVE REPORT: a. Council Action Update. rform the "annual" review of Chapter 106 and asked for volunteers to sit City Planner Ian Clowes went over recent City Council action on items previously heard by the Commission. b. Next Regular Meeting — February 17, 2022 ADJOURN: Commissioner O'Conner made the motion to adjourn at 7:16 PM; the motion was adopted 7-0. Richard Warren, Planning and Zoning Commission Vice Chairman Chase Stewart. Planning Technician Page 3 of 3 January 20, 2022 - P&Z Commission Meeting Minutes DISCUSSION Applicant's Request: This is a request by Stephen Blaskey of High Tide Surveying, applicant; on behalf of Staci Trahan and Sidney Espinoza, Jr., owners, for approval of a residential partial replat of Battleground Estates Section 1, located at 11007 Houston Dr. The attached Exhibit is the proposed replat. The 1.215-acre tract is being replatted in order to facilitate a future zone change request from Single Family Residential (R-1) to Large Lot Residential (LLD). Background Information: The site is currently zoned R-1. The applicant is requesting to replat the property in order to request a zone change to LLD. The LLD zoning district will allow for the construction of an accessory structure on the site that exceeds 1000 square feet. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North Light Industrial (LI) Undeveloped South Low Density Residential (R-1) Single Family Homes West Low Density Residential (R-1) Single Family Homes East Low Density Residential (R-1) Single Family Homes RECOMMENDATION Staff recommends the Planning and Zoning Commission approve the residential partial replat of Battleground Estates Section 1. 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N O N N w m O U O LJ >(f) W Of UNrZ � Wt�UZ VayWo LZ%Z) m(aLu 0 Q-%Wv (� 3'C41N Wc�jo � 0 3(o� uj yr 1O N DISCUSSION Location: The subject site is located at 10807 Houston Dr. Background Information: The property is currently zoned Low Density Residential (R-1) and consists of a single primary residential structure. The applicant would like to change the zoning of the property to Large Lot Residential (LLD) to allow for the construction of an accessory structure that exceeds 1000 square feet. The LLD zoning district permits accessory structure that are up to 5000 square feet in total floor area. The overall site is approximately 2.5 acres in total area, exceeding the minimum 1 acre site area that is required for the LLD zoning district. The attached Exhibit B shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses. Zoning Land Use North Light Industrial (LI) Undeveloped South Low Density Residential (R-1) Single Family Homes West Low Density Residential (R-1) Single Family Homes East Low Density Residential (R-1) Single Family Homes Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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; and signs posted in the area of the rezoning within 10 days of the hearing. In accordance with state law, notice of the public hearing was also posted at City Hall and on the City's website. Analysis: Staff evaluated land use, access and utility considerations during the review of this application. The following describes staff's analysis: 1. Land Use. Staff finds that large lot residential is an ideal fit for the existing site. The current size exceeds the minimum 1 acre for LLD zoning. 2. Access. There is sufficient existing right-of-way access from Houston Dr. 3. Utilities. The site is connected to city services. No changes are anticipated. Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff findings. W Planning and Zoning Commission February 17, 2022 Change #22-92000005 Criterion: Staff Findings: Ability of infrastructure to Existing infrastructure in the area is sufficient to support support the permitted use. the proposed use. Impact on the value and Proposed zoning would be consistent with the character practicality of the of the surrounding area. surrounding land uses. Conformance of a zoning The proposed zone change is in conformance with the request with the land use future land use plan. plan. Character of the The proposed zone change would be consistent with the surrounding and adjacent character of adjoining properties. The neighboring areas. property to the east is being combined into a larger lot and plans to request a zone change to LLD in the future. Suitability of the property for The proposed use will be consistent with other low the uses which would be density/large lot single family in the area. permissible, considering density, access and circulation, and adequacy of public facilities and services. The extent to which the The proposed zone change should have no new impact proposed use designation on the traffic in the vicinity. Proposed additions to the site would adversely affect the will not change the overall use of the property. capacity or safety of that portion of the road. The extent to which the The proposed zone change will not create excessive air proposed use designation pollution or other negative environmental issues. would create excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the The proposed zone change will allow for the continued public health, safety, and preservation of large acreage lots in the city. welfare of the City. RECOMENDATION L q -i EJ m Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed Zone Change request #22-92000005. ATTACHMENTS Exhibit A: Area Map Exhibit B: Zoning Map K] w 4) Ln to 0 r o tv o so Vo N N L 0 O 4J O 2 0 co 0 J 4J � w > 4-0tv_=��E44 a� o L. 4J L- O G7 'p " 0 C .O O MC O rn 4 G7 >_ O L G L. Gi 4-0 gn t 4J toG7 7 0 L. i to E 2 p. O L. = > H tv z (V (V 0 (V co LU U- z LU W z_ z z L blip O O 4J O s o 2 J r = •� V �' �. C 8 i C c N C N O ao 4J — N N O —cc uuuuummr � w c E j, m p c eC a� w 0 i O y 4, Q ° EcVLO w N 41 L y y y N o N Li 4�" y�,� 7 4 y co r vOi O. C O° i b00 `^ �C E � Q Z o. C `^ O- O L. i` m LU �R .................... . .............. ................................................................................... .................................................................. .................................................................................. ..................................................... ....................... ........................ - ................... ..... ... . ............... . .................................................................................... .. ......... .. .. ...... .................. ................................................. ...... ........ .. ....... . . . ...................... - , ..., - . ..................................... .................. . ....... 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LL a Elll'(HIBIT D one Change Application Planning and Development Department PROJECT INFORMATION Address where zone change is being reque,.ted �Tx Z�T57-1­- Legal descriptlon where zone change is being f1==QUDd,EqJates Se-c 2 ........................................................................................................ i-iCAD Parcel Nurnber wtwre zone ctiange k. lapin grertta. ..... Zoning qistr...� ............... Lot area, .2-44flLarmea-- .. ... ....... A request fear approval of a zone chunqc is hereby rrade to thr City of La Porte. Description of Request ­Q-u........ktQ2 rty ..i..s...................... ur.r.....e..ntl . ....z..........o...........n.e..d........................... .-....1... a... wtjd .......l....i....k..e..............to be rezoned as Larne Lot Residential (LLD). Attached hereto is a Project Description Letter describing the profea t. and outlining the reasons why sud-,SCUP shoull be approved, Carr)p.wry (if appficabie)� Address,1Q802-±b"St=M--'- ......................... .............. - - --------- - - - - ------- city!_La Porte'.'',,"'- State� zip� & Phane-, Email: .... . ... .. ............ . . . . ............. . .... Cornpany (if appkcable): Addres,a- City:___ Pconw AUTHORIZED AGENT (1f other than owner) state: OWNER(S) & AGENT CERTIFICATION zip; — I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans subrnitted with/or contained an this application are true and correct and the applicaflon is cornptete to the best of aTq knowledge and belief, Agent's Signatur ownpri;sl' STAFF USE ONL Y�, ............. -- C a se Nu rn X, Z7- Y x . ...... .......... Date- 01-04-2022 Date Application Receive& P, "" IN° K111 Zone Change Application Planning and Developiineint Department AFFIDAVIT OF POSTING INANWNG AND 701NING COMMSSION PUBLICHEAMNO STATEOFTEXAS CUUN ry up HARMS CATY OF LA PORTE Ue u"usymd hemby My swems an oMh and squ L A pAhc Ka"g sign was pmvWcd to "v by thv,Uty of La Purlel NwmMg W DeM(,rm," Depmers, hemby alleM that Wd sWn wall be pooed an Me Wowing descniced propedy, Wch is suNect to We apWkadow LEGALDESCCUP TV4� RF-,S,.A,&, A,1,,..BL..K-,,1,2,.Batl,,Ieg,ro,.iiri,d-,Estal,,E).,.s-,.Sec 2 I In accordance wah the pwvmions of ScOwn 106194 of Ow caVs Codc,of Dr6nanccs, h that,,,aid Qgn wM be pmWd an am! descHed pmpmq kn no kos Own Meen �15) days pricu, to the ,,AJvdtAIed pubHc, Starting at pHdst on thefodowinig date: 3 Md i4n W I he pWmd an 0)e 20W n I Ora buUmf; meei, C SWO S9" MH remwn K&W aW visitfle for.the entsre Meen tIS) day pamng pent,',d, Mt sign is darnajp.,dnr nAssmg, I hereby amst that Y w�[� cco)kaf.J'ihe (:Ity of La Poriv for a rqflaceawnl "W" lle,�, KETH BLAZE -"—Am Wary ID #In aquol AM MY Camn&Mon ExpWres TWIT, ApM 24, 2025 � Fz,auadp - Ap(dlxca!, rW.PrinIe A.... (Print 41:,)o TV) .... ........ Notary Public 99 DISCUSSION Location: The subject site is located at the 2200 block of Fairmont Parkway. Zoning: Business Industrial (BI) Background Information: The subject property is currently undeveloped and owned by ODIA Fairmont, LLC. The owner has a potential tenant interested in relocating their operations to an approximately 8.4-acre tract of land at the southeastern portion of the tract. The current proposal calls for the construction of a single office warehouse building along with an associated truck court and required detention. The building will be approximately 83,185 square feet in total floor are. Global Agri -Trade is the proposed tenant for the site. The proposed use would be classified under NAICS Code 424490 - Other Grocery and Related Products Merchant Wholesalers. This use requires the approval of a Special Conditional Use Permit (SCUP) in the BI zoning district. Staff has provided a list of nine (9) conditions of approval. The attached Exhibit B shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North Planned Unit Development (PUD) Undeveloped South Bayport Industrial (ETJ) Industrial Uses West Business Industrial (BI) Undeveloped (Future 7-Eleven) East Business Industrial (BI) Scaffolding Co. (Turner Industries) Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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; and signs were posted in the area of the rezoning within 10 days of the hearing. In accordance with state law, notice of the public hearing was also posted at City Hall and on the City's website. 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: 1. Land Use. Staff finds that allowing for a merchant wholesaler use would be consistent with other similar uses in this area along Fairmont Pkwy. W Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff's finding: Criterion: Staff Findings: Ability of infrastructure to support the Existing infrastructure in the area would be sufficient to permitted use. service the site. Impact on the value and practicality The proposed SCUP would be consistent with other of the surrounding land uses. industrial properties in this area along Fairmont Pkwy. Conformance of a zoning request The proposed SCUP is in conformance with the future with the land use plan. land use plan which designates the area as Business Industrial (BI) Character of the surrounding and The proposed use is consistent with the industrial adjacent areas. character of this section of Fairmont Pkwy. Suitability of the property for the The proposed site has sufficient access to and from the uses which would be permissible, site via Fairmont Pkwy. U turns are not permitted at the considering density, access and intersection of Fairmont Pkwy. and Bay Area Blvd., circulation, and adequacy of public requiring trucks to either turn left down Bay Area Blvd. or facilities and services. continue west on Fairmont Pkwy. The extent to which the proposed The proposed SCUP would have primary access off of use designation would adversely Fairmont Pkwy. A Traffic Impact Analysis (TIA) should affect the capacity or safety of that be conducted prior to development in order to determine portion of the road. if any additional improvements are required to the existing roadway. The extent to which the proposed The proposed use should not have a significant impact use designation would create on environmental integrity of the surrounding area. excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the public health, The proposed project has the potential to increase the safety, and welfare of the City. tax base and add additional jobs within the city limits. RECOMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed SCUP #22-91000002. If the Commission chooses to recommend approval, staff has listed a number of conditions that should be considered as part of the approval. ATTACHMENTS Exhibit A: Area Map Exhibit B: Zoning Map W EnhibbC: Future Land Use /FLUP1Map EnhibitD: Proposed SCUP i . MR 9 Z f LU Or wa- - . / .• 01114 . . . . . . ................. . . .. . ......... Eil� r.7 O O40 _y AA li O 00 u C m O E c N V Vf U N U. v3iivnve I-- Z 0 ry LaL � w ° > 4t,,d ° a " o 4, O i w 7 a 0 i CL N w C= O co N 40 i a C7 Z O° i '" eC E: Q Z b00 i t= W �O Q �, w CL ..., dill. 1 C*4 40 0 40 _y AA CL 40 00 U 4J c 0 IL E u U. MA co bo .2 > E- a ,4-, E -4, z LU Co 1.2 r >� (D 4-- C-4 CL c.4 LU co C14 W 0 W 4J ra II z 5- E LU u- CL F�� ....................... .. . ..... ..... . Applicant: Development Name/Type Location: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit #22-91000002 Rick Kight, ODIA Fairmont, LLC Owner or Agent 7880 San Felipe St, Suite 250, Houston, TX 77063 Address Global Agri -Trade Warehouse Facility 2200 Block of W. Fairmont Pkwy. 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, TX Business Industrial (BI) Merchant Wholesaler IIIIIIIN�'i�llll®Illllllllllllll�llll�IIII�IIIIN This Special Conditional Use Permit (SCUP) 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. A site development plan shall be submitted, if necessary, in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. All Merchant Wholesale Uses listed in Chapter 106-310 shall be permitted on site. 3. The proposed building may not exceed 85,000 square feet in total floor area. 4. All truck bays must be located to the rear (north) of the building and screened from view of public right- of-way. 5. All onsite areas utilized for storage, parking, or driving must be paved with either concrete or asphalt. 6. No Shipping containers are permitted to be stored outside unless affixed to a chassis. 7. Any outside storage shall be screened from view of adjoining properties with an 8' tall fence that shall be 100% opaque. Vinyl slating in conjunction with a chain -link fence is permitted. 8. Hazardous materials which may or may not require a placard may not be stored on site for any length of time. This prohibition includes hazardous materials stored in the building or on trucks and shipments of hazardous materials that are defined as in -transit by the Department of Transportation (DOT). 9. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If 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: Director of Planning and Development City Secretary .will'(. Special Conditional Use Permit Application Planning and Development Department PROJECT INFORMATION Address where SCUP is being requested: 0 Fairmont Parkway (N side of Fairmont Pkwy approx 870' E of NEC of Fairmont Pkwy & Bay Area Blvd) Legal description where SCUP is being requested: ±8.4 acres out of 133.93 acre tract In the R Pearsall Survey A-625 HCAD Parcel Number where SCUP is being requested: 0440510000100 Zoning District: BI Lot area: ±8.4 acres A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte. Description of Request:. Global Agri -Trade, a California Corporation - Port of Houston operations center Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. PROPERTY OWNER(S) INFORMATION Name: Rick Kight Company (if applicable): ODIA Fairmont, LLC Address: 7880 San Felipe St, Suite 250 City: Houston Phone: 713-783-9600 State: TX Email: rkight@averacompanies.com AUTHORIZED AGENT (If other than owner) Name:Jamil Jaffer Company (if applicable):Global Agri -Trade Address:15500 S Avalon Blvd City: West Rancho Dominguez Phone:562 320 8555 Zip: 77063 State: CA Zip: 90220 Email:jj@globalagritrade.com OWNER(S) & AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief. Agent's Signature:� '� Date: 01 /12/2022 Rick Kight Digitally signed by Rick Kight �r " Owner(s)' Signature(s). Dal e: 292.01.14 14 :18:566WO' - Date: STAFF USE ONLY. Date Application Received: Case Number: A yd 14 Planning andl Development IDepairtment AFFIDAVIT OF POSTING 114AA5xk1 LW3q1QCVy11 STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department, I hereby attest that said sign will be posted on the, following described property, which is subject to the application: ADDRESS: 0 Fairmont Parkway (N side of Fairmont Pkwy approx 870' E of NEC of Fairmont Pkwy &Bay Area Blvd) LEGAL DESCRIPTION: ±8.4 acres out of 133.93 acre tract in the R Pearsall Survey A-625 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than fifteen (15) days prior to the scheduled public hearing; starting at least on the following date: February 2, 2022 3, Said sign shall be placed on the property within 20 feet of the, abutting street. 4. Said sign shall remain legible and visible for the entire fifteen (15) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a replacement sign. K Applicant's Signature JwndJaffer Applicant's Printed Name Subscribed and sworn before me this day of by (Print Applicant's Nome). Notary P'ublic (Seat) My commission expires: KE GLOBAL AGRi-"rRADE ( D I P 0 K A � I U 4 City of La Porte Planning and Development Department 604 West Fairmont Parkway La Porte, TX 77571 JanuaLy_10th, 2022, Dear Members of the Planning and Development Commission, RE: New Purpose -Built Warehouse on Fairmont Parkway, La Porte Global Agri -Trade is a 16-year-old privately owned company, that provides RSPCA Certified Sustainable edible oil -based shortenings and fats to the US food manufacturing and dairy industries. We supply high quality, consistent oils, and fats for bakery applications from breads and biscuits to cakes, pies and donuts. Our Shortenings are naturally non-GMO, as well as Trans Fat and Cholesterol Free, making our products a natural and healthy choice when it comes to baking fats for production. Global Agri -Trade also supplies high quality, premium animal nutrition ingredients and energy supplements. We have grown to become one of largest importers of these products in the country. Founded in Los Angeles, California in 2006, we service our customers nationwide with warehouse storage and distribution facilities in Baltimore, Buffalo, Chicago, Houston, Los Angeles, Oakland, Norfolk, Savannah, and Seattle/Tacoma. Given the increasing demand for our products by Texas based manufacturers, distributors, and farmers, we have augmented our business model to service them through the Port of Houston, where have been working with local public warehouses, It is our view that the time is right to invest in the long term in this market and one way to do so is to operate our own facility and hire our own people, to provide high levels of customer service and maintain exceptional quality standards,. We expect to make 10 — 1S new hires from the local community to operate this facility. These roles will be at the Manager and Supervisor levels through to Forklift operator, and they will receive the 15500 S Avalon Blvd West Rancho Dominguez, CA 90220 'Tel: 562-320-8550, Fax 562-256-7551 KM same generous company benefits, as our existing team members across the country, Our expected hours of operation are lam — 4pm, Monday to Friday, excluding statutory holidays. Through our affiliated purchasing entity, we wish to acquire +/- 8 acres of land to build a brand new +/- 80,000 square foot 30' clear height warehouse off Fairmont Parkway., We understand that this property is currently located within a Planned Unit Development (PUD), and therefore is required to go through the Special Conditional Use Permit (SCUP) Process, Additional features of the proposed site include covered loading and onsite container storage behind the building, Daily truck traffic is estimated to be 8 — 10 trucks per day. With regards to Quality Management Systems, this warehouse will be certified for BRC Global Standard for Food Safety and validated for C-TPAT Level 2, as part of our ongoing membership with USCBP. The approximate value of inventory to be warehoused would be roughly $8M. Inventory will always be floor stacked, which would mitigate any against any potential fire incident where racking might incumber the sprinkler system, It may be of note that, to date, none of our locations have experienced a fire incident, We kindly request that you grant approval to allow this project to move forward and thank you in advance for your consideration in the matter. Should you require any further information or have any requests, we would be more than happy to oblige. Si'ncerely, Jamil Jaffer, MSc Vice President Operations 15500 S Avalon Blvdi West Rancho Dorninguez, CA 90220 Tel: 562-320-8550 Fax 562-256-7S51 W ku rcff 1177" IT 111 M, i I � I I " � 1 7111,71-, 1 1 1 1 KR I I cll�- - - (D- q Cl)-- Current Facility in Tacoma, Washington Et DISCUSSION Location: The subject site is located at the 3900 Block of Underwood Rd. Legal Description: Tracts 813 & N 300 feet of Lots 698 & 699; Tracts 698A, 699A & 814; Tracts 698B, 699B & 815 La Porte Outlots, Harris County, Texas Background Information: The property is currently developed with a commercial business located on the southern third of the site. The remaining two thirds is undeveloped. The Commission determined that due to the existing commercial development and the character of the surrounding neighborhood, the property should be rezoned from Medium Density Residential (R-2) and Low Density Residential (R-1) to Planned Unit Development (PUD). This will allow for the possibility of the commercial business to continue and expand if requested while allowing for the Commission and City Council to put in place certain mitigation measures to ensure minimal impacts to the surrounding residential developments. The attached Exhibit B shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses. Zoning Land Use North Low Density Residential (R-1) Single Family Residential (Spenwick Place) South Low Density Residential (R-1) Single Family Residential (Summer Winds) West Low Density Residential (R-1) Single Family Residential (Summer Winds) East Low Density Residential (R-1) Single Family Residential (Fairmont Park) Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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; and signs posted in the area of the rezoning within 10 days of the hearing. In accordance with state law, notice of the public hearing was also posted at City Hall and on the City's website. Analysis: Staff evaluated land use, access and utility considerations during the review of this application. The following describes staff's analysis: 1. Land Use. Staff finds that the PUD zoning will allow for the most flexibility while still protecting the surrounding residential uses. 2. Access. There is sufficient existing right-of-way access from Underwood Rd. EN Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff findings. Criterion: Staff Findings: Ability of infrastructure to Existing infrastructure in the area is sufficient to support support the permitted use. existing and future uses. Impact on the value and The proposed zone change will allow for greater practicality of the flexibility of uses while still affording protections to the surrounding land uses. surrounding properties. Conformance of a zoning The proposed zone change is in conformance with the request with the land use future land use plan. plan. Character of the The proposed zone change, depending on future uses, surrounding and adjacent will either match the character of the surrounding land areas. uses or allow for certain mitigation measures in order to preserve the character of the surrounding area. Suitability of the property for The PUD zoning district does not permit any uses other the uses which would be than agriculture. Any future uses must be approved by permissible, considering the Commission and City Council via a Special density, access and Conditional Use Permit (SCUP). circulation, and adequacy of public facilities and services. The extent to which the The proposed zone change will have minimal impact on proposed use designation the traffic in the vicinity. would adversely affect the capacity or safety of that portion of the road. The extent to which the The proposed zone change will not create excessive air proposed use designation pollution or other negative environmental issues. Future would create excessive air uses approved via a SCUP will take this criteria into pollution, water pollution, consideration prior to approval. noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the The proposed zone change will protect the rights of the public health, safety, and existing commercial use while also ensuring any welfare of the City. expansion or requests for additional uses go before the Commission and City Council for review and approval. RECOMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed Zone Change request #22-92000004. EN Exhibit A: Area Map Exhibit B: Zoning Map Exhibit C: Future Land Use (FLUP) Map m 0 0 s o 4 0 V NiE N Q U) 8 L C N O N N' Q N GC a -nIH -nVONV'dO nW OOOM2i3ONn <;nr TH'��7oyaNvrrN0W�i3'riAiun Arunl���/ty/����ai�� i ,.. a .:ii ,IL „—,3T. _ Nmi i2ES3O „II w w w 0 0 N 00 c.4 w 00 0 0 (V ii zLU � � z ..! u— CL Q C7 SONIHdS ANO CL 4)IT too ra tv o 0 40 ra = V N Q O N N N N a 77 0 .-.-...- z o �o cn L-nlH , a3AOG UNDERWOOD i i 0 ' .•• I/ I ....................... ..... ....................................... ......................................... 000M2i3(INn mmawIISEMMEMENM... ...._... ....... i S0N1HdSA210w, ._;. LL „. . w F . L) F- D � _..,.,. N ........- prrr r r I J/ r i r % j l / ;, ,.. .. , , ._.,.. r w„ 1a3S3a r. i 1/' w w p i ..� > j rp r / } o 0/ ,0 J O...... .. .......... 77 jj .......�.:' Nna1a3S30 ., ,. A - o p , -- '"✓/aid % r �I V � � _.._. � � , 46 j G i/Oo / ar i %f pr ii/iii � w c 1 O a y+ m O C O O LZu w O � W �+ -Op +' H L CL o�uu t O C O O- O i N W 4J m C -O O. 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", ;"„ / ., „w ,.,/<ao/� , irk r r. ,. _ /�„ r ,G .r,�,.. as "j rr- r/, rr'� r yJ/� 11"i,inning and Z-to .... )g Comrnissbn NOTICE OF A PUBLIC HEARIINIG Scheduled For FEBRUARY 17, 2022, 6:00 PM City Council Chambers COMMENT SHEET FOR: Zunii��'-. #22-9200010004 "V � have received nofice of the above referenced pubk hearpnq, � am In FAVOR of granting thus reqUest for the foHowing reasons: 1 wokfld prefer the zorie d"iarige of the '14,,2 acres to be CoryuriercW OWl'igillt. Btit 1 will also be okay Mhthe cUrrent proposW of The Plarming wid Zoning Cor'yirrilssiwi for (PUD). I am, OPPOSED to granfingi this request for the fbHowing reasons, L.a Porte Properfies, LLC Whael A. Fisco Narne (pl, n"MID Signatu 3900 Underwood Road Address La Porte, Texas 77571-3930 City, State, Zip *Cornment sheets can breturned via maip using ffie provWed self-addressed envelope, by emaj] to pjg _(L u.1gy, or in person at Cfty ldall, M11 PlannIng and Zoning Commission NOTICE OF A PUBLIC HEARING Scheduled Fot- FEBRUARY 17, 2022,,6:00 PM City Council Charnber-s COMMENT SHEET FOR: Zone Charige #22-92000000,14 I have received nofice of the abOVE� referenced pubiic hearing, I arn, in FAVOR of'granting this request for the foltoMng reasonsw i would prefer, the zone change of the 14.2 acres to be Coryinierciall OLItright, L-3ut i wdl also be okay with the CLU'rent proposai f'The Mart noing and Zorflng Cornryflssion for (PLID), I am OPPOSED, to granting this reque5t for tfie following reasons: M Fisco Properties, LLC MichaO A. Fisco Nari'ie (ple e t) gnatur- 39010 tJnderwood Roald Add'ress La Porte, -1"exas 77571-3930 City, State, Zip Tornment sheets can be returned via rnail using Oie provided seif-addressed envelope, by erriall to pjggjnjkjr4nq,&jLort _gbcgg�y, air in person at if Hall, DISCUSSION Location: The subject site is located between San Jacinto Ave, Park Dive, and East H Street. Legal Description: Lots 21-26, Block 2, Battleground Estates Section 1, & Reserve B, Block 12, Battleground Estates Section 2, Harris County, Texas Background Information: The property is currently developed with a mixture of single family homes, medium density residential homes, two non -conforming commercial structures, and a neighborhood park. The Commission determined that due to the existing development and character of the surrounding neighborhood, the property should be rezoned from High Density Residential (R-3) to Low Density Residential (R-1). This change in zoning would conform to the future land use designation of low density residential for this area. The attached Exhibit B shows the zoning of the subject property and surrounding properties. The following table summarizes the surrounding zoning and land uses. Zoning Land Use North Low Density Residential (R-1) Single Family Residential South Medium Density Residential (R-2) LPISD Admin and High School West Medium Density Residential (R-2) LPISD Admin and High School East Low Density Residential (R-1) & Mixed Use (MU) Single Family Residential/Commercial Strip Mall/St. Marys' Catholic Church Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with 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; and signs posted in the area of the rezoning within 10 days of the hearing. In accordance with state law, notice of the public hearing was also posted at City Hall and on the City's website. Analysis: Staff evaluated land use, access and utility considerations during the review of this application. The following describes staff's analysis: 1. Land Use. Staff finds that low density single family residential zoning is an ideal fit for the existing site in order to maintain the integrity of the surrounding area. 2. Access. There is sufficient existing right-of-way access from surrounding and internal roadways. W Additionally, the City's Comprehensive Plan identifies a number of items to be considered prior to making land use decisions. The following table breaks down each item and staff findings. Criterion: Staff Findings: Ability of infrastructure to Infrastructure in the area is sufficient to support the support the permitted use. existing use. Impact on the value and The proposed zone change will limit uses to single family practicality of the residential. This could create non -conforming situations surrounding land uses. for a number of the sites in the zone change area. Conformance of a zoning The proposed zone change is in conformance with the request with the land use future land use plan. plan. Character of the The proposed zone change would be consistent with surrounding and adjacent other properties in the immediate area. areas. Suitability of the property for The majority of existing uses on site are consistent with the uses which would be the low density single family (R-1) zoning district. permissible, considering density, access and circulation, and adequacy of public facilities and services. The extent to which the The proposed zone change will have minimal impact on proposed use designation the traffic in the vicinity. would adversely affect the capacity or safety of that portion of the road. The extent to which the The proposed zone change will not create excessive air proposed use designation pollution or other negative environmental issues. would create excessive air pollution, water pollution, noise pollution, or other environmental harm to adjacent properties. The gain, if any, to the The proposed zone change will protect existing single public health, safety, and family in the area and prevent future intrusion of high welfare of the City. density developments into the immediate area. RECOMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed Zone Change request #22-92000006. R1 Planning and rni n Commission v am February 1, 2 me Change#22-92000006 ATTACHMENTS Exhibit A: Area Map Exhibit B: Zoning Map Exhibit C: Future Land Use (FLUP) Map WN 4) to 0 i O tv 0 s � VN C N ti li 4J M � w ° 4-0° ° tv_=��E44 a� o y, m p i C O i O 4J 4-0 L E L G7 p J p y+ O G7 7 0 i y i w��ar 4JW ° W ° a O. L. =aL. � s a°i w H ° (D (D 00 00 z W (V O_ w o 0 Z Q Z Z c� m u- a Z SRN �d "Wild CV f 0//� f �i oo 'ii %� /irk / %% too III � tv tv 0 in V NA � J 4J NLL U fZ •• :. i / / j /r ,,, j ///// / / l ✓� f II rr r of m \N'C� yp SP�Agilill Planning and Zoning Coin ifrission NOTICE OF A PUIBLIC HEARING Scheduled Foi- FEBRUARY 17, 2022, 6:00 PM City Council Chamben, COMMENT SHEET FOR: Zone Chiange #221-920000001 t have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: Name (please print) Signature Address City, State, Zip M *Cornirinent sheets can be returned via mail using the provided self-addressed envelope, by email to p1anniLiq.@.!�x-_ ov, or in person at City HaIL q�_ W, Narms ng and Zoning Commission NOTICE OF A PUBLIC HEARING Scheduled For FEBRUARY' 17, 2022,6:00 PM City Council Charnber-iz� COMMENT SHEET FOR: Zo;ie Changle #22-9200000,06 I have received notice of the above referenced public hearing. I any in FAVOR of granting this request for the following reasons: r. -T 11 iN-J1 > � cl cv0 J V L`tl- P, ` a "gym u, 0 I am OPPOSED to granting this request for the following reasons: 1> '0 1!,�N4ZA ell C, Iv, It, I'N Q C, o G Rce� 1 C-�o, S, k /,D., J Name (please print) Address Signature City, State, Zip *Comment sheets can be returned via mail using the provided self-addressed envelope, by email to or in person at City Hall, MN DISCUSSION Background Information: The Commission has been requested to review the current High Frequency Truck Route (HFTR) language within Chapter 106 of the City Ordinances and to possibly extend the route to two additional road segments. This request stemmed from two existing developments located on West M Street and West D Street respectively. Theses existing developments lend themselves to uses that require direct adjacency to the HFTR. These section of West M and West D streets connect to S. 16th Street on the east and dead ends into existing railyards to the west. S. 16th Street is designated as an HFTR. Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with code provisions, including notice in a newspaper of general circulation at least 15 days prior to the hearing. In accordance with state law, notice of the public hearing was also posted at City Hall and on the City's website. RECOMENDATION Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a public hearing for the proposed Chapter 106 Amendments. ATTACHMENTS Exhibit A: Proposed Amendments ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO DESIGNATION OF HIGH FREQUENCY TRUCK ROADS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 106, "Zoning," Article I. "In General", Section 106-1 "Definitions", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising the definition of "High Frequency Truck Road", and which definition shall hereinafter read as follows: Sec. 106-1. —Defenitions. "High Frequency Truck Road means a road designated by the city intended to accommodate 4+e heavy truck uses corresponding to eligible uses under the North American Industry Classification System (NAILS) and referenced in section 106-746 of this Chapter (Location of heavy truck uses)." Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 2 "Accessory Buildings, Uses and Equipment' of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106-746 "Location of heavy truck uses", and which section shall hereinafter read as follows: "106-746. - Location of heavy truck uses. (1) For purposes of this chapter, those streets and thoroughfares within the corporate limits of the city which are enumerated below are hereby designated as high frequency truck roads. (2) Heavy truck uses generated ffom �es-4 " 12 220,49420- 4 3 r "� � i�4�1-4,i�4�4,i�4 shall only be laeated from or within properties which are assigned NAICS use codes 484110, 484121, 484220, 484230 and 493 shall only be located directly adjacent to the right-of-way of designated high frequency truck roads, provided those uses comply with the underlying zoning classification applicable to the property. (3) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to high frequency truck roads or in any Bl, Ll or HI zoning district. Route Extent State Highway 225 (including frontage roads) Entire extent within corporate limits New State Highway 146 (including frontage roads) Entire extent within corporate limits Barbours Cut Boulevard New State Highway 146 east to corporate limits 16th Street Barbour's Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits West Main Street New State Highway 146 to 161h Street, and from Underwood Road to west corporate limits Underwood Road Entire extent within corporate limits Powell Road (S. 16th Street) Fairmont Parkway south to 1700 block of Powell Road Export Drive From South 161h Street to State Highway 146 South 16th Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbours Cut Blvd. to North "L" Street. North "L" Street From west of North Broadway to North 61h Street North "J" Street From North 61h Street to west connecting with State Highway 146. North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right-of-way line of Barbours Cut Boulevard West "M" Street From South 16th Street, west to the existing railyard West T" Street From South 16th Street, west to dead end at 1903 West D St. Section 3: That Chapter 106, "Zoning," Article III. "Districts", Division 1 "Generally", of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by revising Section 106- 310 "Table A, Commercial & Industrial Uses", Footnote " C', and which footnote shall hereinafter read as follows: "Footnotes: 6 Must be adjacent to high frequency truck roads as designated in Section 106-746 of this Chapter Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 5. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of , 2022. a ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney CITY OF LA PORTE, TEXAS m. Louis R. Rigby, Mayor MN a. Possible zone change for portions of S. 31d and S. 2nd Streets. b. Chapter 106 Subcommittee. ME a. Council Action Update. b. Next Regular Meeting — March 17, 2022 m r r r 06 06 06 0 0 0 O W W W O > > > -7-000 Q D_ n U a a n U Q Q Q N N N N N N N N N N N N N N 0 0 0 0 0 0 0 O N N N N N N N "T "T O O O O U N N N N N N N N N N N U 0 0 0 0 0 0 0 O 0 0 0 0 O W W W W j 0 0 0 > > > > W W W a 0 0 0 0 of of � ry N Z Z Z d d d d otS W W Wdddd a000aaaa N N N N N N N a)O O O O O O O N N N N N N N Cfl 6 6 0 0 0 O N— N N N N 06 N N N � � � � a-0000 J m m m O O cU cU cU cU Q U 0 +, UUUU QQQ ti ti ti LO Z) Z o��� 0 0 0 0 J m m m m o o o 0 Z N d n� O 3 0 J 0 O O O L a N D-0 N N N r J N CU Q � rn 0 0 0 J 0 0 0 0 0 N CO 0 U �# p00 00000000 0 0 m 0 N N N N N 0 O N N N 0 0 0 O.V a d 0- N N N Q NC-4 N N U QCL NIiU)U)NNN MR