Loading...
HomeMy WebLinkAbout03-22-1990 Meetingo • MINUTES PLANNING & ZONING COMMISSION MEETING MARCH 22, 1990 Members Present: Chairman Janet Graves, Commissioners Jack Gresham, Inge Browder, Lola Phillips, Bobby Blackwell. Members Absent: Commissioners Charlie Boyle, Eugene Edmonds City Staff: Director of Community Development Joel Albrecht, Building Official Ervin Griffith, Community Development Secretary Nina Browning, Assistant City Attorney John Armstrong Others Present: Decker McKim, Gus Breiden, Don Holloway and Scott Brinks with International Cargo Network, Mr. A.B. Dyess with Texas Land & Cattle Co., and 5 other citizens. 1) CALL TO ORDER Meeting was called to order by Janet Graves at 7:00 PM. 2) APPROVE MINUTES OF FEBRUARY 15, 1990, PUBLIC HEARING AND REGULAR MEETING. A motion was made by Inge Browder and seconded by Jack Gresham to approve the minutes of the February 15, 1990 meeting as submitted. All were in favor and the motion passed. 3) CONSIDER SPECIAL CONDITIONAL IISE PERMIT REQUEST SCU90-002 SUBMITTED BY INTERNATIONAL CARGO NETWORK, TO ALLOW DEVELOPMENT OF A PLANNED UNIT DEVELOPMENT TO CONSIST OF A REFRIGERATED (FROZEN FOOD) WAREHOUSE COMPLETE TO BE LOCATED ON A MULTI-ACRE TRACT. Public Hearing was called to order at 7:03 PM. Mr. Albrecht gave the Commission the staff's report concerning the Special Conditional Use Permit (SCUP) requested by International Cargo Network (ICN) represented by Mr. Don Holloway. The property is currently zoned as follows: Blocks 416, 417, 418, 419: PUD, Planned Unit Development Blocks 415, 420: R-2, Mid-Density Residential Blocks 432, 433, 434, 435,438,980: Business Industrial Mr. Albrecht stated as this is the first Planned Unit Development (PUD) proposed under Ordinance 1501, it will ;® probably be useful to begin this report by referring to Zoning Ordinance Section 8-100. This section which summarizes the intent and purpose behind PUD development guidelines. The • • • Planning & Zoning Meeting Minutes of March 22, 1990 Page 2 of 5 purpose of this district is to provide for the grouping of land parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that PUDs are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. The intended use of the facility is as a refrigerated warehouse complex. The SIC code designation for this activity is 4222 (public warehousing). This activity is listed as permitted in Business Industrial and all other industrial zones (Section 7-500, Table A, Ordinance 1501). This activity is therefore acceptable within the use zones for which it is proposed. e In applying for a SCUP to allow construction of this PUD, the applicants, in accordance with the requirements of Section 8-401 of the Zoning Ordinance, have submitted the following items for review by the Planning & Zoning Commission and City Council: 1. General Plan 2. Construction Schedule 3. Documentation regarding property controls The Planning & Zoning Commission and City Council reviews and evaluations of the proposed project are to be based on the above documents and are to be undertaken using Section 8-402 of the Zoning Ordinance as a guide. To date, the applicants have complied with all SCUP requirements and is therefore eligible to be considered for the requested SCUP. Section 10-202 sets three conditions for approval of a SCUP, these conditions are: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other ® property, nor significantly diminish or impair property values within the immediate area, Planning & Zoning Meeting Minutes of 3-22-90 Page 3 of 5 • (2) That the conditions placed on such use as specified in each district have been met by the applicant, (3 ) That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Should this request be approved, Compliance with this condition will be verified during the Major Development Plan Review and Construction Permitting processes. In terms of addition conditions, staff would suggest the following: (1) There shall be a thirty (30) foot landscape buffer, with a planting plan to be approved by the Director of Community Development, on the eastern and southern faces of the staging area. (2) The driveway width at Harbours Cut be widen from 24 ft. to 30 ft. (3) Allow the City to have a 20 ft. utility easement along the Broadway Street frontage for proposed sewer line. Options for request are as follows: (1) Recommend City Council approval of the request as submitted by the applicants (2) Recommend City Council approval of the request with: (a) conditional suggested by staff (b) additional or amended conditions (3) Recommend City Council denial of the request (4) Table request for further consideration at a future date 1. PROPONENTS Mr. Don Holloway, President of ICN. He stated that he was present basically to answer any questions the ® Commission might have for ICN. He also stated that he had just been made aware of the proposed sewer line and the only thing that he would ask would be to defer the o • Planning & Zoning Meeting Minutes of 3-22-90 Page 4 of 5 landscaping on that portion of the property until the sewer line was in. This would alleviate having to redo the landscaping. Mr. Holloway also stated that the widening of the driveway from 24 ft. to 30 ft. was no problem and they would be glad to comply. Mrs. Graves asked Mr. Holloway about the blocking of Barbours Cut Blvd. with the train traffic and how they planned to handle this. Mr. Holloway stated that the Port of Houston was also concerned with this due too their heavy truck traffic serving Barbours Cut and that he had discussed this with Mr. Jim Pugh of Southern Pacific and an "off-peak" time would be used for their train traffic. The ICN facility will have only one a day, which will be between 5-8:00 PM in the evening per Mr. Scott Brinks, Vice-President of Operations of ICN (proposed time). Gus Breiden - La Porte. Texas. In favor of the request. • 2. OPPONENTS Mr. A. B. Dyess with Texas Land & Cattle Company. Company he represents owns Lots 27-32, Block 420, that abuts the property that ICN is acquiring for their facility. Mr. Dyess stated that it would make the property owned by Texas Land & Cattle Company difficult to sell and they request that the Commission deny the SCUP. Mrs. Graves at this time read into the record the responses received from the mail-out for the Public Hearing. A total of 53 letters were sent out, with a response of 14 replies, (9-in favor, 1-against, 4-undeliverable). Responses were as follows: 1. E. E. Figari-1311 Shannon Valley Dr.-in favor 2. City of Morgan's Point - in favor 3. Ann S. Monk-1052 E. Humphreys, Sequin, Tex.-in favor 4. J.L. Chapple-11618 Jutland Rd., Houston-in favor 5. M.Casteel-309 S. Carroll-against 6. George Sharp-2314 Killarney, D.P. - in favor 7. Bryan Moore-511 S. Utah - in favor 8. Can't read name-309 LaFayette, League City-in favor 9. Stanly Hootman-6408 Gulf Freeway, Hstn.-in favor 10. D. Nicolini-3020 Ave. R, Galveston, Tx.-in favor • • Planning & Zoning Meeting Minutes of 3-22-90 Page 5 of 5 4. CLOSE PUBLIC HEARING Mrs. Graves declared the public hearing closed at 7:57 PM BREAK - 8:00 Mrs. Graves reconvened the meeting at 8:05. 5. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST SCU90-002. A motion was made by Bobby Blackwell to allow the Special Conditional Use Permit Request SCU90-002 and accept staff's recommendation as follows: (1) the 30 foot driveway instead of the 24 foot driveway at Barbours Cut Blvd., (2) accept the recommendation of the 20 foot easement up and down Broadway instead of the 10 foot, (3) the 30 foot landscape setback requirements The motion was seconded by Jack Gresham, all were in favor and ® the motion passed granting the Special Conditional Use Permit to ICN. Mr. Albrecht stated that this item would go before City Council for their approval on April 9, 1990. 6. ADJOURN A motion was made by Bobby Blackwell and seconded by Jack Gresham to adjourn. All were in favor and the motion passed. The meeting adjourned at 8:10 PM. Respectfull submitted, a~ Nina Browning, Secr ary Community Development Approved on this the ~~ day of April, 1990. Ja t Graves, ,Chairman P1 ing & Zoning Commission 2/23/90/neb • • o C~~O~ 0 FER 28 199 BOARDS AND COMMISSIONS MEETING MINUTES ASST. CITY MANAGER FLOW CHART OFFICE Minutes taken at meeting a~15~yo ~ Minutes typed by a~G/90 Secretary Preliminary Draft Copy to ~'/~~9d YL~. Appropriate Director ~~„z o/ Q~ Final draft co t ed 1 02.E 9a PY YP~ Final draft copy y/a~lGo ~~3 City Manager/Asst City Manager for their review 31a,9~ I City Secretary for distribution to City Council I Minutes approved & signed at next meeting Approporiate Dept. files original with agenda packet l6/yo nom. 3~G ~qo ~ 3~~~190 3/a3/yo ~a- At end of one (1) calendar year approved minutes with agenda packet forwarded to City Secretary SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-002 . SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-002 Requested By: International Cargo Network represented by Mr. Don Holloway Inc. , Requested For: Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432, 433,434, 435; All of Block 980; Lots 1-16 of Blocks 415, 420, 438, Town of La Porte; Tyler street from the east right-of-way of North Broadway to the west line of the alley in Blocks 415 and 420; Madison Street from the east right- of-way of North Broadway to the west line of the alley in Blocks 420 and 433; Iowa Street from the north right-of-way of Adams Street to the south right-of-way of North "E" Street; Kansas Street from the north right-of-way of Adams Street to the south right-of-way of North "E" Street; Utah Street from the north right-of-way of North "E" Street. (See Exhibit A) . Zoning: Current zoning of the property is as follows: Blocks 416, 417, 418, 419: PUD, Planned unit Development Blocks 415, Residential 420: R-2, Mid-Density Blocks 432, 433, 434, 435, 438, 980: Business Industrial (See Exhibit B) Purpose of the Request: To allow development of a Planned unit Development which is to consist of a Refrigerated (frozen food) warehouse complex (See Exhibit C). Background: As this is the first Planned Unit Development (PUD) to be proposed under Ordinance 1501, it will probably be useful to begin this report by referring to Zoning Ordinance Section 8-100. This section which summarizes the intent and purpose behind PUD development guidelines, states: Page -2- The purpose of this district is to provide for the grouping of land parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and acti vi ties through conditional use provisions. It is further intended that Planned Unit Developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. Analysis: As this is an Industrial PUD, it must first be established that the requirements of Section 10-103.4 of the Zoning Ordinance have been satisfied. Paragraph lIall of this section states: The intent of this Section of the Ordinance is to establish provisions for the granting of a conditional use permit to erect Planned unit Development -Commercial and Industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one (1) or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this Ordinance. As noted in the heading section of this report, the ICN complex is proposed for a multi-zoned tract. Approximately 16 acres (50%) of the Tract has a zoning designation of Business Industrial. Approximately 13 additional acres (40%) has been zoned as P.U.D. with an underlying land use designation of IICommercial Industrial" (See Exhibit D). The intended use of the facility is as a refrigerated warehouse complex. The SIC code designation for this activity is 4222 (public warehousing). This activity is listed as permitted in Business Industrial and all other industrial zones (Section 7-500, Table A, Ordinance 1501). This activity is therefore acceptable within the use zones for which it is proposed. The issue of use of the approximately ten per cent (10%) of the tract which is residentially zoned will be considered in a later section of this report. Page -3- Paragraph "b" of section 10-103.4 requires a minimum project site of five (5) acres. This tract is comprised of approximately 32.5 acres. Paragraph "c" requires a minimum of two hundred (200) feet of frontage on a public right-of-way. Approximately 1,340 feet of the eastern face of this project will front on North Broadway street. Paragraph "d" states: "No building shall be nearer than fifty (50) feet to a side or rear property line... [which] abuts an "R- 1", "R-2", "R-3" or M.H. use district. The project as indicated on Exhibit C, meets this requirement. Paragraph "e" deals with landscaping, screening and surfacing. It includes three subparagraphs: 1) Sub paragraph #1 states: "The entire site, other than that taken up by structures or landscaping, shall be surfaced with a material to control dust and drainage. A review of the applicant's General Plan indicates compliance with these requirements. 2) Sub paragraphs #2 and #3 will be considered in a later section of this report. It can however, be stated at this point that this project as presented on the applicants General Plan complies with the requirements of section 10-103.4. In applying for a Special Conditional Use Permit to allow construction of this PUD, the applicants, in accordance with the requirements of section 8-401 of the Zoning Ordinance, have submitted the following items for review by the Planning & Zoning commission and city Council. I) General Plan (See Exhibit C) II) Construction Schedule (See Exhibit E) III) Documentation regarding Property Controls (See Exhibit F) The Planning & Zoning commission and City Council reviews and evaluations of the proposed project are to be based on the above documents and are to be undertaken using Sections 8-402 of the zoning Ordinance as a guide. The section lists ten (10) specific review criteria. They are: inimum project approximately i (200) feet of 340 feet of the :oadway street. arer than fifty 1) abuts an "R- ct as indicated g and surfacing. :ire site, other or landscaping, to control dust licant's General se requirements. considered in a _ can however, be ject as presented :omplies with the Permit to allow cordance with the Ordinance, have Planning & Zoning , . troIs {See Exhibit &..... ,~ :ouncil reviews an~ based on the above tions 8-402 of the s ten (10) specific c~ -- --, ~~ -- -- Page -4- . 5. ~. 7. 8. 9. 1. Adequate property control is proposed to protect the individual owners; rights and property values, and the public responsibility for maintenance and upkeep. (Not applicable to this request). 2 . The interior circulation plan plus access from and onto public right-of-ways does not create congestion or dangers and is adequate for the safety of the project residents and the general public. 3 . A sufficient amount of useable open space is provided. (Not applicable to this request). 4. The arrangement of uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. The preliminary drainage and utility system plans are adequate based on a report from the Director of Community Development and the final drainage and utility plans shall be subject to his approval. The development schedule insures a logical development of the site which will protect the public interest and conserve the land. The development is in compliance with the requirements of the La Porte Development Ordinance. Dwelling unit requirements are in general compliance with the applicable district provisions. (Not applicable to this request). The provisions of section 10-200, procedures of this Ordinance satisfactorily met. Conditional Use are considered 10. The development is in conformance with the comprehensive . plan. Due to the fact that this will be a single owner, single use development, item one is not applicable to this request. Item two deals with interior (traffic) circulation patterns and the impact [of the development] on the traffic flow patterns of surrounding rights-of-way. Interior circulation does not appear to pose a problem. The development will however, have considerable impact on surrounding traffic flow patterns. It 1\, i! ~ ,.... Page -5- ICN has provided the following estimate of daily volumes of truck traffic likely to be generated by the proposed facility: North Broadway Drivewavs Barbours Cut Driveways Near term: 30-40 trucks daily 60-80 trucks daily 75-85 trucks daily 150-170 trucks daily Long term: ---7' ICN's General Plan (Exhibit C) indicates four (4) driveways. The primary (truck) access connects to Barbours Cut Blvd. While the placement of this drive complies with Zoning Ordinance requirements, the driveway width, at twenty four (24) feet is too narrow. Widening this drive to at least thirty (30) feet will bring it into compliance with Zoning Ordinance requirements. (See ExhiBit G). The City's thoroughfare plan (City of La Porte Comprehensive Plan Vol. I Exhibit F) classes Barbours Cut Blvd. as a Secondary Arterial. Barbours Cut is developed as a four (4) lane boulevard with a grassed center median. Based on information currently available, this road appears capable of accepting, without undue disruption of traffic flow, the additional traffic likely to be generated by the I.C.N. complex. The three (3) North Broadway drives, while secondary will still handle a significant amount of daily truck traffic as well as the majority of the daily automobile traffic. These drives, as proposed, will meet all applicable Zoning Ordinance requirements. The thoroughfare plan however, designates North Broadway as a "Local Collector" Street. A "Local Collector" is a street which is primarily intended "to distribute local traffic within neighborhood areas (See Exhibit F) ." North Broadway, in accordance with its intended purpose, is designed and constructed to primarily accommodate local automobile traffic. I.C.N. is currently working with Harris County, who has jurisdiction over this section of road, on upgrading a section of Broadway running from Barbours Cut Blvd. to the southern most I.C.N. driveway entrance (See Exhibit I). The improvements currently proposed consist of an upgrading of the road base and surface as well as the addition of a left turn lane at Barbours Cut. North Broadway is to remain a two lane road. The Broadway Barbours Cut intersection is to remain a four-way stop. Item three (usable open space) is primarily a consideration in residentially oriented PUD' s and is not applicable to this request. Page -6- Item four (4) deals with the privacy and property values of surrounding residential uses and should be considered one of the central issues of this review. Section 10-103.4.e.3 states: Developments abutting an "R-l", IR-2", "R-3" or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in sections 6 & 7, Table B. There are, as indicated by Exhibit B, three faces of this proj ect which either abut or extend onto residentially zoned property. Although designated as a PUD, the proposed ICN facility is basically Business Industrial in nature. Further, a significant portion of the complex will lie within a Business Industrial Zone. The Business Industrial line of section 7-600, Table B requires setbacks (when adjacent to residential districts) of fifty (50f feet to the front, forty (40) feet to the side, and thirty (30) feet to the rear. Footnote #2 to this table states: No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. The portion of the project which will extend into a residential (R-2) zone is to be occupied by an employee's park. This park is to be located on the eastern face of the facility, south of the staging area. The intended use as an employee recreational facility, which will also be available (by reservation) to the pUblic, is allowable as a residential activity (See Exhibit H). Public parks are permitted in all residential zones, and recreational facilities are (by means of a density bonus) encouraged within residential developments (Zoning Ordinance section 5-800G). While the I.C.N. complex is not residential, their proposal to develop park facilities on the residential portion of their property is in keeping with the spirit and intent of the Zoning Ordinance. Due to the fact that the park is located on I.C.N. property and an integral part of the development, its other intended use, as the landscape buffer required by Footnote #2, is also acceptable. , " \: ,) ~ I '< \o...,~ j"'\ I' \ '?;. I I ~~"1:;j ~~. \ i ~J y,,~ Page -7- The other portion of the facility which will require a landscape buffer, is the container staging area. The southern and eastern faces of this area both abut residentially zoned property (See Exhibit B). Given the overall project layout, it appears to be within the intent of the ordinance to consider both faces as part of the "rear" of the complex and therefore subj ect to a thirty (30) foot landscape setback (see Exhibit G). The landscape planting plan which is to be approved by the Director of Community Development, will be 'a component of the Major Development site Plan which is to be submitted for Commission approval, contingent upon the granting of the requested Special Conditional Use Permit. Item five (5) deals with the preliminary drainage and utility components of the General Plan. The Director of community Development has reviewed these items and found the preliminary plans to be satisfactory. His findings are attached as an adenda to this report (See Exhibit I). Item six (6), which deals with site development, requires "logical development" which will "protect the public interest and conserve the land." While the applicant's General plan, as required by the zoning Ordinance , indicates the "phase two" portion of the proposed development. The main emphasis of this request is on the initial development phase (See Exhibit C). The applicant's development and construction schedule deals with this initial phase (See Exhibit E). The schedule, while "tight", appears to be realistic. It indicates that topographic surveys and soil investigations have been completed and that the civil design phase of the project is in progress. All information provided to staff thus far, indicates a carefully planned development schedule that adequately addresses ordinance concerns. Item seven (7) requires compliance with the requirements of the city's Development Ordinance. Based on the General Plan submitted by the applicants, this development as proposed complies with the requirements of La Porte Development Ordinance #1444. Item eight (8) deals with dwelling unit requirements and is not applicable to this request. Item nine (9) requires compliance with the special Conditional Use procedures of zoning Ordinance Section 10-200. This section establishes Special Conditional Use Permit application and review procedures as well as setting conditions which must be satisfied before a Conditional Use Permit may be approved. Page -8- To this date, the applicants have complied with all Special Conditional Use Permit application requirements. The review of this application is proceeding in accordance with Zoning Ordinance requirements. The final portion of this section 10-202 sets the following criteria for application approval: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2. That the conditions placed on such use as specified in each district have been met by the application. 3. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. These criteria will be further discussed in the conclusion section of this report. Item ten (10) requires conformity with the intent of the Comprehensive Plan. Staff, based on their review of information thus far submitted, finds only one area of direct deviation from the comprehensive plans' intent. This has to do with the routing of heavy truck traffic on North Broadway and the impact of this traffic on the adjacent commercial and residential districts. If a portion of North Broadway becomes a commonly used truck route, truck traffic, without careful control and monitoring, will tend to"spill over" onto East and West Main Streets and into neighboring residential districts. In an effort to prevent this problem from developing, the applicants have stated that the following steps will be taken: ICN will construct the North/South road from Barbours Cut Boulevard into the site. This traffic can then be primarily focused to the North and East sections of the site and minimize that type of movement on and off North Broadway. Trucks can move to either side of the building entirely within the site. Commercial interstate trucks will primarily use the North Broadway entrance to the facility. This type of truck traffic will represent approximately 30% of the total truck traffic at the facility. Company policy will state, and signs will be posted discouraging truck traffic from proceeding South on Broadway beyond the ICN site. All points of ingress and egress will have controlled access gates (See Exhibit H) . , . Page -9- The Commission and in turn City Council, must determine, first, whether or not the traffic control measures proposed by degree of deviation from Plan intent is a significant concern. Conclusion: This application meets ordinance pre-requisites and is therefore eligible to be considered for the requested Special Conditional Use Permit. As noted earlier in this report, Section 10-202 sets three conditions for approval of a Special Conditional Use Permit. Once again these conditions are: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate This is a determination which will be made by the Commission and City Council based on input from the applicants, concerned citizens, staff and the intent of the Zoning Ordinance, Development Ordinance and Comprehensive Plan. 2. That the conditions placed on such use as specified in each district have been met by the applicant. Should this request be approved, staff will be responsible for verifying the applicant's compliance with this requirement. 3. That the applicant has agreed to meet any addi tional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Should this request be approved, Compliance with this condition-will be verified during the Major Development Plan Review and Construction Permitting processes. In terms of addition conditions, staff would suggest the following: 1) There shall be a thirty (30) foot landscape buffer, as indicated on Exhibit G, with a planting plan to be approved by the Director of Community Development, shall be developed on the eastern and southern faces of the staging area. , . Page -10- options: I) Recommend city council approval of the request as submitted by the applicants. II) Recommend City Council approval of the request with: A) Conditions suggested by staff B) Additional or amended conditions III) Recommend City Council denial of the request. IV) Table request for further consideration at a future date.