HomeMy WebLinkAbout03.16.2023 Planning and Zoning Commission Agenda Packet 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
JAMES WALTER
Commissioner District 3
MARK FOLLIS
Commissioner District 4
VICTOR PERES
Commissioner District 5
NANCY OJEDA
Commissioner District 6
LA PORTE PLANNING AND ZONING COMMISSION AGENDA
THURSDAY, MARCH 16, 2023
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 https://us02web.zoom.us/j/81194264169?pwd=dlpYT2VTRllVVXdJTHJpVkNEQTYrZz09 Join by
phone at 877-853-5257 or 888-475-4499. The meeting ID is 811 9426 4169. The passcode is 647746.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the Planning
Department (281-470-5057) three working days prior to the meeting for appropriate arrangements.
1.CALL TO ORDER
2.ROLL CALL OF MEMBERS
3.CONSIDER APPROVAL OF THE MEETING MINUTES: Approve the minutes of the February 16,
2023, regular meeting of the Planning and Zoning Commission.
4.CONSIDERATION AND POSSIBLE ACTION: Consider approval of an extension of time 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
5.SCUP REQUEST #23-91000001: The Commission will hold a public hearing on SCUP Request #23-
91000001, pursuant to an application by Estebaan Ice of RavenVolt Inc., applicant; on behalf of Prologis
Inc., owner; for approval of a SCUP to allow for a Battery Energy Storage System (BESS) facility in the
Planned Unit Development (PUD) zoning district, on a 14.4- acre tract of land located at 1901 Wharton
Weems Blvd.; legally described as Restricted Reserve “G”, Block 4, Port Crossing, Harris County, Texas.
a.Staff Presentation
b.Applicant Presentation
c.Public Comments (Limited to 5 minutes per person)
d.Adjourn Hearing
6.COMMISSION DISCUSSION AND POSSIBLE ACTION: SCUP Request #23-91000001.
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7.DISCUSSION ITEMS:
a.Truckstop operating hours
b.Council action update
c.Comprehensive plan update
d.Next regular meeting – APRIL 20, 2023
8.COMMISSION COMMENTS: Comments on matters appearing on the agenda or inquiry of staff
regarding specific information or existing policy.
9.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 March 16, 2023, Planning and Zoning Commission agenda was
posted on the City Hall bulletin board, a place convenient and readily accessible to the public at all times,
and to the City's website at LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code.
Title:
DATE OF POSTING
TIME OF POSTING
TAKEN DOWN
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Planning and Zoning Commission
March 16, 2023 – Meeting Minutes
Approval of Meeting Minutes
a.February 16, 2023
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Page 1 of 3
February 16, 2023 - P&Z Commission Meeting Minutes
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE PLANNING AND ZONING COMMISSION
FEBRUARY 16, 2023
The Planning and Zoning Commission of the City of La Porte met in a regular meeting on Thursday,
February 16, 2023, 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: Chairman Hal Lawler; Commissioners Donna O’Conner; Joe Mock; Mark Follis;
Victor Peres; Nancy Ojeda; and Richard Warren.
Commissioners absent: Commissioners James Walter and Nolan Allen.
City Staff present: Ian Clowes, City Planner; Clayton Price, Planning Technician; Teresa Evans, Planning
and Development Director; Matt Daeumer, Assistant City Manager.
1. CALL TO ORDER – Chairman Lawler called the meeting to order at 6:01 PM.
2. ROLL CALL OF MEMBERS: – Commissioners Walter, Allen, Follis and Peres were absent
(Commissioner Follis arrived at 6:03 PM and Commissioner Peres arrived at 6:17 PM).
3. CONSIDER APPROVAL OF THE MEETING MINUTES:
a. Approve the minutes of the meeting held on December 15, 2022.
Commissioner Follis arrived at 6:03 PM.
Commissioner O’Conner moved to approve the meeting minutes; the motion was adopted, 6-0.
Commissioner Peres was not present for the vote.
4. COMMERCIAL REPLAT #22-97000007: Consider approval of a partial replat of Fairmont Park East
Business Park Reserves, a commercial replat consisting of 1.872-acres, located at 10505 W.
Fairmont Pkwy. and legally described as Reserves 4 and 5, Fairmont Park East Business Park,
Harris County, Texas.
City Planner Ian Clowes presented the request and provided background information.
Commissioner O’Conner moved to approve Commercial Replat #22-97000007 as presented; the
motion was adopted 6-0 and the item was approved. Commissioner Peres was not present for the
vote.
5. 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, Texas, regarding changes to notification requirements and procedures for public
hearings held before the La Porte Planning and Zoning Commission and La Porte Zoning Board
of Adjustment.
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
JAMES WALTER
Commissioner District 3
MARK FOLLIS
Commissioner District 4
VICTOR PERES
Commissioner District 5
NANCY OJEDA
Commissioner District 6
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Page 2 of 3
February 16, 2023 - P&Z Commission Meeting Minutes
The hearing was opened at 6:07 PM. City Planner Ian Clowes presented the amendment and
provided background information, explaining that the item had been remanded back to the
Commission by City Council for additional review.
Assistant City Attorney Askins provided legal advice regarding possible options for any proposed
amendment.
Commissioner Peres arrived at 6:17 PM.
The Commission discussed the merits of extending the notification boundary.
6.ADJOURN PUBLIC HEARING: 6:30 PM.
Commissioner Follis made a motion to increase the notification distance requirement from 200’ to
300’; the motion was adopted, 7-0, and the item was recommended for approval.
7.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 regarding the removal of W. D St. from the High Frequency Truck Route.
The hearing was opened at 6:32 PM. City Planner Ian Clowes presented the item, explaining that the
City Council had remanded the item back to the Commission after a number of Councilmembers
voiced concerns with extending the High Frequency Truck Route (HFTR) along W. D St.
The Commission discussed the merits of keeping W. D St. on the HFTR.
Commissioner Follis provided background information on the history of the HFTR.
8.ADJOURN PUBLIC HEARING: 6:55 PM.
Commissioner Peres made a motion to recommend denial of the request to remove W. D St. from
the HFTR; the motion was adopted, 7-0, and the item was recommended for denial.
9.DISCUSSION ITEMS:
a.Council Action Update
City Planner Ian Clowes provided an update on items heard by the Commission that had gone
before the City Council for final action.
b.Comprehensive Plan Update
Director Teresa Evans provided an update on recent activities for the Comprehensive Plan.
c. Next Regular Meeting – MARCH 16, 2023
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Page 3 of 3
February 16, 2023 - P&Z Commission Meeting Minutes
ADJOURN: Commissioner O’ Conner made the motion to adjourn at 7:32 PM; the motion was adopted 7-0.
_______________________________
Hal Lawler, Planning and Zoning Commission Chairman
_______________________________
Ian Clowes, City Planner
6
Planning and Zoning Commission
March 16, 2023 – SCUP Extension
SCUP Extension
a.Consider approval of an extension of time 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
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From:Rick Kight
To:Clowes, Ian
Subject:Global Agri Trade SCUP
Date:Tuesday, March 7, 2023 5:21:06 PM
Attachments:image001.png
O-2022-3873 granting SCUP 22-91000002.pdf
Hi Ian,
Hope all is well.
You may recall, we had this SCUP approved last year. We are still working with the client and would
like to request an extension. Is that possible? If so, what do you need from us?
Thanks.
Rick Kight
Executive Vice President – Development
The Avera Companies
7880 San Felipe Street, Ste. 250
Houston, Texas 77063
D: 713.800.9647 | M: 281.235.2531
www.averacompanies.com
8
ORDINANCE NO. 2022-3873
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL
USE PERMIT NO. 22-910000029 TO ALLOW FOR MERCHANT WHOLESALER USES
IN THE BUSINESS INDUSTRIAL (BI) ZONING DISTRICT, ON AN 8.4-ACRE TRACT
OF LAND LOCATED AT THE 2200 BLOCK OF W. FAIRMONT PARKWAY, AND
BEING 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; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
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; AND PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on February 17, 2022, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000002
to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-
acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being 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, following lawful publication of the notice of said public hearing;
and
WHEREAS, on February 17, 2022, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to grant
Special Conditional Use Permit No. 22-91000002 to allow for merchant wholesaler uses in the
Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of
W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract
23D Bayport, Section 1, Abstract 625, R PearsalI Survey, Harris County, Texas, be approved;
and
WHEREAS, on March 28, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to grant Special Conditional Use Permit No. 22-91000002 to allow
for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract
of land located at the 2200 Block ofW. Fairmont Pkwy, and being 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; and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of LaPorte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
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WHEREAS, the City Council desires that the request to Special Conditional Use Permit No. 22-
91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district
on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally
described as 8.4 acres out ofTracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625,
R Pearsall Survey, Harris County, Texas be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Se-etion 1. All of the facts recited in the preamble to this ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2, Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit No. 22-91000002 to allow for merchant wholesaler
uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the
2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out ofTracts 2A,
3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County,
Texas, and situated within the BI zoning district.
Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be cumulative of
other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 4. Should any section or part of this ordinance be held unconstitutional, illegal,or invalid,
or the application to any person or circumstance for any reasons thereofineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portions
thereof; but as to such remaining portion or portions, the same shall be and remain
in full force and effect and to this end the provisions of this ordinance are declared
to be severable.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice ofthe date, hour, place and subject ofthis 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 6. The City Council ofthe City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the
properties under consideration.
Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that
the amendments to the City of La Porte Zoning Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's Comprehensive Plan. 10
Section 8. 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
2000.00).
Section 9. 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 28th day of MARCH, 2022.
CITY OF LA PORTE, TEXAS
L ui . Rigby, ay r
APPROVED:
Clark Askins, Assistant City Attorney
11
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EXHIBIT A
City of La Porte
Special Conditional Use Permit
22-91000002
Applicant: Rick Kight, ODIA Fairmont, LLC
Owner or Agent
7880 San Felipe St, Suite 250, Houston, TX 77063
Address
Development Name/Type: Global Agri -Trade Warehouse Facility
Location: 2200 Block of W. Fairmont Pkw .
Legal Description: 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1_,
Abstract 625 R Pearsall Survey, Harris County, TX
Zoning: Business Industrial (BI
Use: Merchant Wholesaler
Permit Conditions:
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. Total daily truck traffic to and from the building site shall be limited to a maximum of ten (10) trucks
a day.
7. Electronic equipment designed to monitor and log the number of trucks traveling to and from the
building site shall be installed, and the value of such electronic equipment, including operational
and maintenance expenses for the life of the equipment, shall be valued at no less than $15,000.00
8. No Shipping containers are permitted to be stored outside unless affixed to a chassis.
9. 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.
10. 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).
11. 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 terms15
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: . 2 5 22
Director of Planning and Development
16
Planning and Zoning Commission
March 16, 2023 – SCUP #23-91000001
Planning and Development Department Staff Report
SCUP Request - #23-91000001
DISCUSSION
Location:
The subject site is located at 1901 Wharton Weems Blvd.
Background Information:
The property, Reserve G, is part of the overall Port Crossing Commerce Park. The site was developed
in 2019 by Liberty Property, now Prologis, and consists of a single 235,200 square foot office/warehouse
facility with a truck court to the south. The applicant is requesting to add a small Battery Energy Storage
System (BESS) to the southeast corner of the property. The area planned for the BESS facility is currently
utilized for truck parking and will not impact any existing landscaped space.
The Port Crossing Commerce Park is governed by a Special Conditional Use Permit (SCUP) approved
in 2015. The SCUP lists a number of conditions governing specific criteria for the development of the
park. The proposed BESS facility was not a use identified at the time the original SCUP was considered.
If approved, the proposed BESS facilty would only be permitted on Reserve G and would be limited to a
maximum output of 10 megawatts.
Staff has provided an amended version of the original SCUP that would permit the development as
proposed by the applicant.
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 PUD, Planned Unit Development Industrial Warehouse
South PUD, Planned Unit Development Detention Pond
West PUD, Planned Unit Development Industrial Warehouse
East PUD, Planned Unit Development Swift Truck Stop
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:
There are a number of different considerations staff evaluated during the review of this application. The
following describes staff’s analysis of those considerations:
17
Planning and Zoning Commission
March 16, 2023 – SCUP #23-91000001
1.Land Use. The existing industrial land use is permitted via the current SCUP. The proposed
addition of a BESS facility requires an amendment to the existing SCUP.
2.Access. There is sufficient existing right-of-way access along Wharton Weems Blvd. and S. 16th
St.
3.Utilities. Water and sewer services are not impacted by the proposed development.
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
permitted use.
Existing infrastructure in the area is sufficient for the
proposed use.
Impact on the value and practicality
of the surrounding land uses.
Proposed SCUP amendment would be consistent with
the existing uses within the surrounding industrial park.
Conformance of a zoning request
with the land use plan.
The proposed SCUP amendment is in conformance with
the future land use plan which designates the area as
Light Industrial (LI)
Character of the surrounding and
adjacent areas.
The proposed use is consistent with the industrial
character of the surrounding park.
Suitability of the property for the
uses which would be permissible,
considering density, access and
circulation, and adequacy of public
facilities and services.
Proposed use would be located within an existing
industrial park. The park has adequate access and
circulation.
The extent to which the proposed
use designation would adversely
affect the capacity or safety of that
portion of the road.
The proposed SCUP would have primary access off of
Wharton Weems Blvd. No potential impacts have been
identified.
The extent to which the proposed
use designation would create
excessive air pollution, water
pollution, noise pollution, or other
environmental harm to adjacent
properties.
The proposed use should not have a significant impact
on environmental integrity of the surrounding area.
The gain, if any, to the public health,
safety, and welfare of the City.
The proposed project has the potential to enhance the
electrical grid for the surrounding industrial businesses
during times of outages.
RECOMENDATION
Based on the above analysis, staff recommends the Planning and Zoning Commission conduct a
public hearing for the proposed SCUP #23-91000001 amendment.
18
Planning and Zoning Commission
March 16, 2023 – SCUP #23-91000001
ATTACHMENTS
Exhibit A: Area Map
Exhibit B: Zoning Map
Exhibit C: Future Land Use (FLUP) Map
Exhibit D: Proposed Amended SCUP
Exhibit E: Application
19
PAR CIR
BOGEY
CIR
BIRDIE C
I
R
FAIRWAY DR
EAGLE LNWHARTON WEEMS BLVD
S 16TH STHouston-Galveston Area Council (H-GAC)
Area Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 369 feet
MARCH 2023PLANNING DEPARTMENT
I
Legend
Subject Property
SCUP#23-91000001
1901 Wharton Weems
20
PAR CIR
BOGEY
CIR
BIRDIE C
I
R
FAIRWAY DR
EAGLE LNWHARTON WEEMS BLVD
S 16TH STPUD
Houston-Galveston Area Council (H-GAC)
Zoning Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 369 feet
MARCH 2023PLANNING DEPARTMENT
I
Legend
Subject Property
SCUP#23-91000001
1901 Wharton Weems
21
POHI
PI
LI
COM
BI
LDR
PAR CIR
BIRDIE C
I
R
FAIRWAY DR
EAGLE LNWHARTON WEEMS BLVD
S 16TH STHouston-Galveston Area Council (H-GAC)
FLUP Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 369 feet
MARCH 2023PLANNING DEPARTMENT
I
Legend
Subject Property
SCUP#23-91000001
1901 Wharton Weems
22
City of La Porte
Special Conditional Use Permit
#23-91000001
Applicant: Estebaan Ice of RavenVolt, Inc. for Prologis Inc., Owner
Owner or Agent
8827 N. Sam Houston Pkwy, Houston, TX 77064
Address
Development Name/Type: RavenVolt BESS Facility – Port Crossing
Location: 1901 Wharton Weems Blvd. _
Legal Description: Restricted Reserve “G”, Block 4, Port Crossing Harris County____
Zoning: Planned Unit Development (PUD)
Use: Addition of a BESS Facility
Permit Conditions:
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.This Special Conditional Use Permit-(SCUP) would be applicable to specific development anticipated
or proposed by the General Plan.
2.Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development
Agreement).
3.This SCUP outlines in general terms the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and the General Plan shall require further submittal and
approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP
supersedes SCUP #06-006.
4.This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and
are a part of the Amended Development Agreement.
5.Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development
Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For
uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106-217 of the City of La
Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required.
6.The business park identification and entry features shall remain and be maintained as constructed
unless approved by the City Council.
7.Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure.
8.Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within
any part of the 300 acre Port Crossing business park. Any gas station that provides any two (2) of the
following: truck parking, more than one diesel dispenser for every ten (10) gasoline dispensers, or has
a canopy over the dispensers that is greater than sixteen (16) feet in height shall also be deemed a
truck stop.
9.Within reserves J1, and L fronting State Highway 146, warehouses are prohibited if the warehouse
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has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on
more than two sides or any facing Highway 146; or contains any trailer storage other than necessary
for loading and unloading operations. Additionally, each building located thereon must have grade-
level store-front entries with windows facing Highway 146. Where warehouses exceed 200,000
square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a
and b of the La Porte Code of Ordinances. Additionally in the event of truck-bay parking on the north
or south side any allowed building screening shall be required to screen such trucks. Screening may
consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen
such trucks.
10.Within reserve E (E1/E2) fronting State Highway 146, warehouses are prohibited if the warehouse is
taller than 100 feet; has more than 250,000 feet of storage area; has truck docks on more than two
sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and
unloading operations. Where warehouses exceed 200,000 square feet in size, building articulation
will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances.
Additionally in the event of truck-bay parking on the north or south side any allowed building screening
shall be required to screen such trucks. Screening may consist of a masonry wall or landscaping, or
a combination thereof, at a sufficient height to screen such trucks.
11.A Battery Energy Storage System (BESS) facility is permitted to locate on Reserve “G”. The facility
may not exceed 10 megawatts, must be located at the southeast corner of the existing site, and must
be fully screened with 100% opaque fencing. All Building Code and Fire Code requirements must be
met prior to construction.
12.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.
13.This SCUP is binding on all owners of property included in the Legal description and their successors
and assigns.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date:
Director of Planning and Development City Secretary
24
City of La Porte
Special Conditional Use Permit
#23-91000001
Applicant: Estebaan Ice of RavenVolt, Inc. for Prologis Inc., Owner
Owner or Agent
8827 N. Sam Houston Pkwy, Houston, TX 77064
Address
Development Name/Type: RavenVolt BESS Facility – Port Crossing
Location: 1901 Wharton Weems Blvd. _
Legal Description: Restricted Reserve “G”, Block 4, Port Crossing Harris County____
Zoning: Planned Unit Development (PUD)
Use: Addition of a BESS Facility
Permit Conditions:
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.This Special Conditional Use Permit-(SCUP) would be applicable to specific development anticipated
or proposed by the General Plan.
2.Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development
Agreement).
3.This SCUP outlines in general terms the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and the General Plan shall require further submittal and
approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP
supersedes SCUP #06-006.
4.This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to and
are a part of the Amended Development Agreement.
5.Submittals for site plan approval shall be in accordance with this SCUP, General Plan, Development
Agreement, Restrictive Covenants, and Land Use Exceptions approved by the City of La Porte. For
uses not authorized by this SCUP, approval pursuant to Section 106-216 & 106-217 of the City of La
Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be required.
6.The business park identification and entry features shall remain and be maintained as constructed
unless approved by the City Council.
7.Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any structure.
8.Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited within
any part of the 300 acre Port Crossing business park. Any gas station that provides any two (2) of the
following: truck parking, more than one diesel dispenser for every ten (10) gasoline dispensers, or has
a canopy over the dispensers that is greater than sixteen (16) feet in height shall also be deemed a
truck stop.
9.Within reserves J1, and L fronting State Highway 146, warehouses are prohibited if the warehouse
25
has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has truck docks on
more than two sides or any facing Highway 146; or contains any trailer storage other than necessary
for loading and unloading operations. Additionally, each building located thereon must have grade-
level store-front entries with windows facing Highway 146. Where warehouses exceed 200,000
square feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a
and b of the La Porte Code of Ordinances. Additionally in the event of truck-bay parking on the north
or south side any allowed building screening shall be required to screen such trucks. Screening may
consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen
such trucks.
10.Within reserve E (E1/E2) fronting State Highway 146, warehouses are prohibited if the warehouse is
taller than 100 feet; has more than 250,000 feet of storage area; has truck docks on more than two
sides or any facing Highway 146; or contains any trailer storage other than necessary for loading and
unloading operations. Where warehouses exceed 200,000 square feet in size, building articulation
will be required in accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances.
Additionally in the event of truck-bay parking on the north or south side any allowed building screening
shall be required to screen such trucks. Screening may consist of a masonry wall or landscaping, or
a combination thereof, at a sufficient height to screen such trucks.
11.A Battery Energy Storage System (BESS) facility is permitted to locate on Reserve “G”. The facility
may not exceed 10 megawatts, must be located at the southeast corner of the existing site, and must
be fully screened with 100% opaque fencing. All Building Code and Fire Code requirements must be
met prior to construction.
12.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.
13.This SCUP is binding on all owners of property included in the Legal description and their successors
and assigns.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date:
Director of Planning and Development City Secretary
26
23-91000001 02.10.2023
27
Special Conditional Use Permit Application
Planning and Development Department
604 West Fairmont Parkway
La Porte, Texas 77571
281‐470‐5057
OVERVIEW
Approval of a Special Conditional Use Permit (SCUP) is required under the following circumstances:
1.To consider approval of certain uses identified as “Conditional Uses” in the city’s Commercial and Industrial
Use table (Section 106‐310 of City of La Porte Code of Ordinances) and Residential Use table (Section 106‐
331).
2.When developing property in a Planned Unit Development (PUD) zone district, consideration of a SCUP is
required in accordance with Section 106‐659 of the Code of Ordinances.
SCUP requests are reviewed by the Planning and Zoning Commission as a public hearing. The Commission consists
of residents of the community appointed by City Council. The Commission meets on the third Thursday of every
month, as necessary. The Commission will forward a recommendation to the City Council for final consideration.
SUBMITTAL REQUIREMENTS
The following application package must be submitted to the Planning and Development Department at least three (3)
weeks prior to the desired hearing date.
Completed application form.
Application fee of $400; nonrefundable.
Site plan, conceptual site plan or general plan, drawn to scale and dimensioned to show the location of
proposed improvements for the development.
Project description/justification letter that thoroughly explains what is being requested and why such SCUP
should be approved by the Planning and Zoning Commission and City Council.
Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the
property for at least 10 days prior to the Planning and Zoning Commission meeting date. Such sign will be
provided by the Planning and Development Department.
PROCESS
Upon receipt of a complete application package by the Planning and Development Department, the SCUP request
will be scheduled for the next available Planning and Zoning Commission meeting date as a public hearing.
The Planning and Development Department will provide the applicant with a Notice of Public Hearing sign that must
be posted on the property where the SCUP is being requested. The sign must be posted on the property visible and
within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing.
The Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and at
City Hall in conformance with legal requirements. Additionally, the city will send notice of the public hearing to all
property owners within 200 feet of the subject property where the SCUP is being requested.
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Special Conditional Use Permit Application
Planning and Development Department
The Planning and Zoning Commission public hearing will be held in the City Council Chamber at City Hall (604 W.
Fairmont Parkway). At the meeting, the Planning and Zoning Commission will conduct a public hearing and provide a
recommendation to the City Council on the proposed SCUP. If additional information is requested by the
Commission, the public hearing may be continued to a future meeting date.
The Commission and City Council may impose special conditions on an SCUP in an attempt to ensure compatibility of
the proposed development with surrounding properties and the community as a whole.
The Commission is tasked to review the proposed SCUP and offer a recommendation to the City Council for
approval, denial, or approval with conditions.
Following the Commission’s public hearing, their recommendation on the proposed SCUP is then forwarded to City
Council for consideration.
For the City Council public hearing, the Planning and Development Department will publish notice of the public
hearing in the Bay Area Observer and post notice at City Hall in conformance with legal requirements.
The City Council public hearing will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway). At
the meeting, the City Council will conduct a public hearing and render a decision on the proposed SCUP. However, if
additional information is requested by the City Council, the public hearing may be continued to a future meeting
date.
The following is an excerpt from the City of La Porte’s Code of Ordinances pertaining to SCUP requests.
CODE REQUIREMENTS
Conditional Use Permits
Sec. 106‐216. ‐ General conditions for all conditional uses in all zoning districts.
(a)A special conditional use permit may be granted by the city council for the construction of a building and/or the
establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified
control.
(b)Upon application for a special conditional use permit and submission of a general plan, major development site plan,
minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a
public hearing, duly advertised and with proper notice being given to all parties affected, as provided in section 106‐171
(Amendment procedures). The general site plan, major development site plan, minor development site plan, or preliminary
plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities, location of
buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the
information required by the development ordinance of the city.
(c)After public hearing and upon recommendation of the city planning and zoning commission, the city council may
modify the final planned unit development plan and issue a special conditional use permit containing such requirements and
safeguards as are necessary to protect adjoining property.
(d)Failure to begin construction within one year 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.
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2715 Ronald Reagan Blvd.
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February 10, 2023
City of La Porte
Planning and Development
604 W Fairmont Pkwy
La Porte, TX 77571
RE: Special Conditional Use Permit Project Description and Justification Letter for <10MW Battery
Energy Storage System at 1901 Wharton Weems Blvd La Porte, TX 77571
Planning and Zoning,
RavenVolt, as the engineer and contractor, and Prologis, as property and battery owner, are
proposing the installation of a new 9.9 MW Battery Energy Storage System (BESS) at 1901 Wharton
Weems Blvd La Porte, TX 77571. This property is currently zoned Planned Unit Development
District (PUD) and has had a warehouse in operational use since 2019. Sec. 106-310. – Table A,
Commercial and Industrial Uses in the La Porte Municipal code allows the installation of Grid-Scale
Battery Energy storage in PUD with the approval of a Special Conditional Use Permit.1 The BESS will
tie into the utility grid according to terms in the Interconnect Agreement with CenterPoint Utility
and will be subject to all ERCOT design standards and requirements.
The following Project Description seeks to answer questions about BESS in general, as well as
provide detail about the proposed project. We believe that the benefits to having BESS in La Porte
are self-evident and that any concerns can be mitigated and addressed. We look forward to this
opportunity to partner with the City of La Porte in bringing this project to fruition.
Sincerely,
Brandon Lackey, P.E.
VP of Construction
RavenVolt Inc.
brandon.lackey@ravenvolt.com
785-285-01
1 DIVISION 1. - GENERALLY | Code of Ordinances | La Porte, TX | Municode Library
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Introduction
As outlined in the City of La Porte 2030 Comprehensive Plan 2012 Update2, RavenVolt and Prologis
want to ensure that the City Council and citizens of La Porte’s goals are met. We believe our
proposed 9.9 MW Battery Energy Storage Project aligns with and promotes the goals of the City of
La Porte. We appreciate city asking good questions, and ensuring good plans “enables the City to
manage future growth and development actively as opposed to reacting to (re)development or
infrastructure improvement proposals on a case-by-case basis without adequate and necessary
consideration of community-wide issues” ¹.
Our proposed 9.9 MW Battery Energy Storage Project also brings to light the city’s foresight in
understanding that planning is “a dynamic process that must be continuously monitored and
renewed as changes occur” ¹. Battery Energy Storage is a newer technology that requires
thoughtful consideration of all the potential benefits for the Texas electrical grid regarding
resiliency and cost savings through peak shifting.
Location
The location at 1901 Wharton Weems Blvd was chosen for several reasons. ERCOT and electric
utility providers in Texas have elected to prioritize and fast track <10MW BESS. They see the value
of peak shifting, and fast frequency response that batteries can provide better than traditional
resources. Prologis owns building throughout the United States and is #2 in U.S. on-site solar3. Their
commitment to Energy & Sustainability in ways that benefit all stakeholders is now evident in their
move into Battery Energy Storage in the Texas Market. For site location selection from Prologis’s
portfolio in Texas we had to consider proximity to substation, minimal infrastructure upgrades,
population density of the proposed area, and tenants equally committed to seeing these projects
succeed. 1901 Wharton Weems Blvd meets all these requirements and made the shortlist out of an
initial list of hundreds of properties in Texas.
2 City of La Porte Comprehensive Plan 2012 Update Comprehensive-Plan-PDF (laportetx.gov)
3 Energy + Sustainability Essentials | Prologis
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Safety
We know the City of La Porte takes seriously the responsibility to make regulations according to
Chapter 211 of the Local Government Code4 to ensure the city is designed to “secure safety from
fire, panic, and other dangers” for its citizens. RavenVolt and Prologis unequivocally agree with this
mandate. While Battery Energy Storage is an exciting new technology, the potential hazards are
known and can be mitigated, and worst-case scenarios can be planned for.
The BESS system is built with safety features at the forefront of the design process. Each battery
cabinet has its own fire suppression system integral to its construction. This system is powered
from a remote uninterruptable power supply as well as a redundant battery backup local to each
cabinet. They are also equipped with a port on the top side to enable the fire department to fill any
container needed with water without having to open the door. The batteries are required to go
through UL9540A testing per NFPA 855 at the cell, module, and unit level. This means that not only
are the batteries tested at an individual level (i.e. cell level), they are additionally tested at the unit
with all its components as they will be installed in a real-world installation.
In addition to these safety features RavenVolt spoke with the La Porte Fire Marshall’s office in a
pre-application meeting on January 17, 2023, and have since contracted with Fisher Engineering,
Inc. for Fire Protection Engineering (FPE) consultation on this project. The primary contact for this
FPE is Mr. Andrew Blum. Mr. Blum has a Bachelor of Science and a Master of Science degree in Fire
Protection Engineering from the University of Maryland. He is also a principal member on the
technical committee on NFPA 855, Standard for the Installation of Stationary Energy Storage
Systems and is an active member of the NFPA, ICC, ASTM and Society of Fire Protection Engineers.
He has specific expertise in fire-testing lithium-ion batteries used in consumer electronics/products,
battery energy storage systems, electric drive vehicles, and in-storage configurations. In addition,
Mr. Blum has special expertise in evaluating and performing third-party reviews of BESS products
for manufacturers and evaluating proposed BESS installations for energy companies. These
evaluations can include performing fire protection system design, analyzing the installations for
4 LOCAL GOVERNMENT CODE CHAPTER 211. MUNICIPAL ZONING AUTHORITY (texas.gov)
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code compliance, performing fire hazard mitigation analyses, working with the local fire
department on appropriate emergency response procedures, AHJ education, and training.
RavenVolt, as an EPC (Engineer, Procure, Construct), has an unblemished track record installing
large scale energy projects. We are trusted by nationwide customers such as Wal-Mart, Home
Depot, and Publix Supermarkets, as well as utilities such as Florida Power & Light, Duke Energy, and
Georgia Power to design and install energy systems. Our unique ability to Engineer our projects so
that we can Procure the best equipment and then Construct them safely enables us to be leader in
energy storage and generation.
Values
The City of La Porte, RavenVolt, and Prologis share a common goal. We are groups of diverse
individuals working together toward aspirational goals for the betterment or ourselves, our
families, and our communities. The City of La Porte has in its City of La Porte 2030 Comprehensive
Plan 2012 Update5 clearly stated its values, and the values it expects residents and businesses to
adhere to when proposing any projects within the city limits.
Chapter 3 of the Comprehensive Plan “Infrastructure and Growth Capacity” lays out four focus
areas:
1.Improved Flood and Drainage
2.Adequate, Efficient, and Resilient Public Utilities
3.Maintaining and Improving Public Safety Services
4.Need for Increased Sustainability.
Our 9.9 MW Battery Energy Storage System installation is an ideal candidate for a project in the
City of La Porte as it does not adversely impact any of these focus areas, and promotes others.
Flooding and drainage are top of mind for all communities on the bay. Our proposed location lies
outside the mapped FEMA 500-year floodplain, so mitigation is not anticipated. It is also assumed
5 City of La Porte Comprehensive Plan 2012 Update Comprehensive-Plan-PDF (laportetx.gov)
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that a Stormwater Quality Plan will not be required as there is less than .2 acres of new impervious
area. If this leads to additional required detention initial review suggests that this can be
accomplished through a gravity drained system that will connect to the existing site drainage
system.
No new public utilities will be needed for this project. The units are powered through the
interconnection point with the utility and require no water or sewer as it is a stand-alone
unmanned system. In addition to not burdening the utilities, the BESS system specifically adds to
the quality and resiliency of the existing utility grid.
As a part of the requirements discussed with the Fire Marshall’s office on January 17, 2023
RavenVolt and Prologis will provide an engineered Fire Protection plan to the local fire department
discussing the best practices when interacting with BESS. This will address common concerns with
BESS fire protection as well as take into account the existing resources the fire department has.
This will be a resource the fire department can utilize to ensure personnel have the most up to date
information and have planned accordingly in the unlikely event of a fire with a BESS.
Sustainability is essential. Our proposed installation takes up less than .2 acres of green space on an
already developed lot. Sustainability is also a key feature of BESS enabling peak shifting that more
effectively uses the pre-existing power available on the grid, bringing electrical resiliency and lower
cost energy to the citizens of La Porte.
Chapter 5 of the Comprehensive Plan “Economic Development” there are several concerns and
solutions presented that pertain to the BESS we are proposing. It is stated that “Economic
development occurs where industry and innovation find talent in a place that offers a quality of life
that attracts and retains both.”6
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RavenVolt wants to join the partnership that Prologis and the City of La Porte already have in
striving for economic development. This project incorporates industry and innovation as outlined in
the plan by providing and entrepreneurial expansion by an existing company. Working together we
believe the three teams have all the talent needed to make this project a success for everyone. The
project also supports a quality of place by encouraging businesses to make investments in the La
Porte area that are low impact and high return.
In joining this partnership, we want to help La Porte in considering Table 5.1 SWOT Analysis in the
Comprehensive Plan and how it applies to our proposed 9.9 MW BESS.
The Battery Energy Storage project aligns with the city’s strengths by reinforcing the strong
industry base and taking advantage of the proximity of power consumption needs by being located
within the Greater Houston Area.
The Battery Energy Storage project does not directly address any of the existing specified
Opportunities, it does however add the opportunity to be on the forefront of safe green technology
for the betterment of current and future community members. This system will also support
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electric grid resiliency and lower energy costs for the community, which will greatly support both
local businesses and residents alike.
The Battery Energy Storage project does not burden any of the perceived weaknesses. The physical
appearance of our installation is unobtrusive; the system is not located on a throughfare and
utilizes already developed land that is currently a parking lot for a more beneficial purpose.
The Battery Energy Storage project avoids any of the threats outlined in the Comprehensive Plan.
There will not be any increase in large truck traffic. This installation is not dependent on the Oil and
Gas Industry. This is a new technology, and La Porte can be perceived as a leader in the green
energy space, while bringing electric grid resiliency and lower energy costs to the community.
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2715 Ronald Reagan Blvd.
Cumming, GA 30041
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Summary
The City of La Porte, RavenVolt, and Prologis all share a common goal. We are groups of diverse
individuals working together toward aspirational goals for the betterment or ourselves, our
families, and our communities. We believe the City Council should approve our Special Conditional
Use Permit as we are making every effort to add a safe and valuable energy resource on to the
Texas electrical grid while having no negative impact on the City of La Porte and its citizens.
6 City of La Porte Comprehensive Plan 2012 Update Comprehensive-Plan-PDF (laportetx.gov)
7 Energy Storage Versus Generators: the Case for Battery Storage in Ontario (convergentep.com)
8 Noise levels of everyday sounds | Audicus
City of La Porte Values: 6 <10MW BESS Strengths
Resiliency Adds resiliency to Texas Grid, less utility outages for La Porte
Businesses and Residents
Low Noise from Industry 40db – 60db7 (Quiet library – Electric Toothbrush)8 to support
temperature maintenance on batteries
Low truck traffic Typical low volume construction traffic for 3 - 4 months, after
which the system is self-sustaining with periodic maintenance
only.
Air Quality No emissions
Aesthetics Not viewable from major thoroughfare. Fenced and screened.
Batteries contained within aesthetically pleasing weatherproof
enclosures. Replaces truck parking.
Safety The BESS has a built-in fire suppression system, is UL9540A
tested per NFPA 855, and an FPE review will be performed and
coordinated with City of La Porte.
Use Infrastructure wisely Minimal electrical infrastructure impact. No expected impact to
water, sewer, and drainage.
Property Values Adds property value with small footprint and little to no impact on
current buildings
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2715 Ronald Reagan Blvd.
Cumming, GA 30041
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Battery Energy Storage Common Questions and Answers
I. What is Battery Energy Storage?
Battery Energy Storage Systems are devices that enable unused energy supplied to the grid in
times of low demand, to be stored and then released when customers need power most. BESS
has a key part to play in ensuring homes and businesses can be powered by green energy,
even when the sun isn’t shining, or the wind has stopped blowing.9
II. Does the BESS generate energy?
The BESS does not generate energy. The BESS ties into the existing electrical grid and stores
energy as needed. The Energy Reliability Council of Texas (ERCOT) has proposed a designation
between a Generation Resource and an Energy Storage Resource10 due to the significant
differences in emissions, response times, and capabilities.
III. Does this facility have emissions?
No, there will be no emissions (including CO2, CO, water vapor, etc.) of any kind from the
operation of the facility.
IV. What are the noise impacts of the project?
There are negligible noise impacts of the project. There are small air conditioners on the
battery units and electronic noises (vibration, fans) on the transformers and inverters. This
expected to be between 40db – 60db11 (Quiet library – Electric Toothbrush)12, significantly lower
than the truck traffic around the BESS System.
V. What are the lighting impacts of the project?
There will be lighting for maintenance and security installed on the project. All the lighting will comply
with City of La Porte Design Standards and be so arranged as to reflect the light away from adjoining
property.
VI. What are the aesthetic impacts of the project?
Prologis as one of the largest real estate companies in the United States is very concerned and
aware of property values. The location has been chosen to be unobtrusive and will be fenced
9 https://www.nationalgrid.com/stories/energy-explained/what-is-battery-storage
10 BESTF_KTC_01_ESR_Registration_TAC_Approved_01292020.docx (live.com)
11 Energy Storage Versus Generators: the Case for Battery Storage in Ontario (convergentep.com)
12 Noise levels of everyday sounds | Audicus
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and screened for a clean and out of the way look. Batteries are stored in aesthetically pleasing
weatherproof enclosures that do not exceed 8’ in height.
VII. Will there be a new transmission line built to the substation?
ERCOT and CenterPoint Utility require a dedicated feeder for BESS projects to ensure that the
installation does not take up existing capacity on distribution lines. This requires a new
distribution feeder from the substation. This location was chosen due to its proximity to the
substation and the ability to use existing easements to the point of interconnection.
VIII. Is there danger of fire?
The risk of fire is extremely low with the system having the ability to automatically identify and
isolate any issues prior to a fire starting. We are using reputable suppliers for the energy
storage devices and hardware. The installation will be reviewed by a fire protection engineer
and with input from the local Fire Marshall. The project will also comply with all NFPA 855
standards.
IX. Is the site monitored and/or manned?
The site is monitored remotely in various capacities 24/7/365 by Prologis, ERCOT, and the
utility company. To respond effectively to the ever-changing state of the electrical grid the
BESS must communicate back and forth in real time with multiple entities. The BESS is
unmanned and requires periodic checks and maintenance.
41
LEGEND
PROPERTY LINE
FIRE LANE STRIPING
EXISTING CONTOURS PER TNRIS LIDAR
PROPOSED SCREENING AND SECURITY FENCE
EXISTING OVERHEAD POWER LINES
EXISTING EASEMENT
ZONING AND CURRENT USE
THE CITY OF LA PORTE ZONING DESTINATION FOR THE SUBJECT
SITE IS PLANNED UNIT DEVELOPMENT. PLANNED UNIT
DEVELOPMENT MEANS A LAND AREA CHARACTERIZED BY A
UNIFIED SITE DESIGN WHICH HAS (A) INDIVIDUAL BUILDING SITES
AND PROVIDES COMMON OPEN SPACES, AND (B) IS DESIGNED
TO BE CAPABLE OF SATISFACTORY USE AND OPERATION AS A
SEPARATE ENTITY.
THE CURRENT USE FOR THE SUBJECT SITE IS AN INDUSTRIAL
WAREHOUSE FACILITY.
DENSITY SUMMARY TABLE
TRACT SIZE: 14.41 ACRES
PROPOSED % LANDSCAPE AREA: 10.48%
PROPOSED % LOT COVERAGE: 40.87%
PROPOSED SIDE YARD SETBACK: 37.3'
PROPOSED REAR YARD SETBACK: 22.9'
NORTH
DISTANCE TABLE
DISTANCE FROM PROPOSED DEVELOPMENT TO BAYFOREST GOLF COURSE: APPROX. 0.6 MILES
DISTANCE FROM PROPOSED DEVELOPMENT TO NEAREST RESIDENTIAL STRUCTURE: APPROX. 0.15 MILES
DISTANCE FROM PROPOSED DEVELOPMENT TO STATE HIGHWAY 146: APPROX. 0.07 MILES
PARKING SUMMARY TABLE
REQUIRED PARKING PER ORIGINAL
DESIGN 236
PROVIDED PARKING PER ORIGINAL
DESIGN 229
EXISTING PARKING PER ORIGINAL
CONSTRUCTION 228
PROPOSED PARKING 228
42
Planning and Zoning Commission
March 16, 2023 – Discussion Item
Discussion Items
a.Truckstop operating hours
b.Council action update
c.Comprehensive plan update
d.Next regular meeting – APRIL 20, 2023?
43
Saima Bhaidani
Lion King Travel Plaza
201 W Barbour’s Cut Blvd.
La Porte, TX 77571
February 20, 2023
Corby D. Alexander
City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Re: Overnight Customer Parking Issue
Dear Corby Alexander:
First, I would like to thank you for your time this afternoon. Also, I highly appreciate the interest and patience you
demonstrated while listening to our concerns and requests. Thank you!
As per our discussion, we request you to kindly review the customer overnight parking situation at our business, Lion
King Travel Plaza, located at 201 W Barbour’s Cut Blvd.
As discussed, we formally propose the following:
•To Build a 8ft-10ft high masonry wall along the entire parameter adjacent to the back neighborhood.
o At present, there is no barrier in place. Therefore, making it visually an unappealing site even for our
back neighbors.
o Due to an apartment complex present in the vicinity, we have witnessed walkers that use 2nd and 3rd
streets to walk into our business. The wall would reduce the jaywalking through the neighborhood and
ultimately be beneficial for the residents.
o Help reduce noise and the Truckstop being permanently out of sight.
•To create a 50ft+ buffer from the wall so no truck shall park or use that zone outside business hours.
•Strictly enforce that the overnight parked trucks are completely turned off and not left “Idle”.
•Dimming of lights so that no light passes to our back neighbors.
As mentioned earlier, our revenue has seen a sharp downward trend due to this provision and has made it extremely
difficult for us to compete with other truck stops.
Moreover, we also believe that, in general, this would be helpful in overall safety of our drivers on roadways.
We are absolutely prepared to work with the City of La Porte and would highly appreciate if you can positively process
our request.
Sincerely,
Saima Bhaidani
281-948-5927
44
Created: 2023-02-13 10:36:45 [EST]
(Supp. No. 47, Update 1)
Page 1 of 2
Sec. 106-310. Table A, Commercial & Industrial Uses.
All permitted uses in commercial and industrial zones must meet the following minimum performance
standards. If requested by the enforcement officer, all applications for building permits must include a certification
from a registered engineer that verifies compliance with these performance standards. Where applicable, all
permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local
regulations.
A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from any adjoining
residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from
high temperature processes such as combustion or welding shall not be directed onto any adjoining
property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent
property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public
right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one
foot-candle (meter reading) as measured from the centerline of such street. Any light or combination
of lights which casts light on residential property shall not exceed 0.4 foot-candles (meter reading) as
measured from such property.
B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity
beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at
any point of any equipment other than that of the creator of such disturbance.
C. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the appropriate
federal, state or local agency.
D. Dust or other particulate matter. The emission of dust, fly ash or other particulate matter by any use
shall be in compliance with and regulated by the appropriate federal, state or local agency.
E. Odors. The emission of odor by any use shall be in compliance with and regulated by the appropriate
federal, state or local agency.
F. Explosives. No activities involving the storage, utilization, or manufacture of materials or products such
as TNT or dynamite which could decompose by detonation shall be permitted except such as are
specifically licensed by the city council.
G. Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or
shrillness and as measured at any property line, shall not exceed the following intensity in relation to
sound frequency:
Octave Band Frequency Maximum Sound Levels—Decibels
Cycles per Second
Lot Line
Residential District
Boundary
20 to 75 78 63
75 to 150 74 59
150 to 300 68 55
300 to 600 61 51
600 to 1,200 55 45
1,200 to 2,400 49 38
2,400 to 4,800 43 31
Above 4,800 41 25
Impact noise 80 55
45
Created: 2023-02-13 10:36:45 [EST]
(Supp. No. 47, Update 1)
Page 2 of 2
Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels beyond residential district
boundaries (both Column II and Impact) shall be six decibels less than shown above.
In distances where it is determined that a proposed land use may generate a level of noise that will
impact on surrounding land uses, the planning and zoning commission and city council may require
that efforts to reduce the potential noise impact be undertaken. These efforts may include screening
and landscaping techniques.
H.Hours of operation. Hours of operation are limited for truck stops adjacent to residential areas only.
The facility shall only operate during the hour of 6:00 a.m. to 9:00 p.m. and no overnight facilities are
allowed on the premises.
(Ord. No. 2016-3631, § 6, 5-23-16; Ord. No. 2017-3674, § 2, 4-24-17; Ord. No. 2017-3688, § 1, 12-11-17; Ord. No.
2018-3698, § 1, 3-12-18; Ord. No. 2018-3723, § 2, 9-24-18; Ord. No. 2019-3736, § 1, 4-8-19; Ord. No. 2020-3770, §
3, 1-13-20; Ord. No. 2022-3907, §§ 4—6, 12-12-22; Ord. No. 2023-3911, § 3, 1-9-23)
46
COUNCIL ACTION
Application #Request Location P&Z Meeting P&Z Action CC Meeting CC Action
Chapter 106 Amend HFTR Changes N/A 02.16.2023 DENIED 03.13.2023
Chapter 106 Amend Public Notice N/A 02.16.2023 APPROVED 03.13.2023
SAC 22-25000007 ROW Closure Morgan's Point 10.13.2022 APPROVED 03.13.2023 APPROVED
47