Loading...
HomeMy WebLinkAbout05-15-2003 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission~ • Minutes of~ the Meeting • • PLANNING AND ZONING COMMISSION MNUTES OF MAY L5, 2003 Members Present: Betty Waters, Dottie Kaminski, Hal Lawler, Ross Morris, Pamela Baldwin Members Absent: Ralph Dorsett, Doretta Finch City Staff Present: Director of Planning Doug Kneupper, City Planner Gwen Goodwin, Planning Coordinator Masood Malik, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Chairperson Waters called the meeting to order at 6:00 P.M. II. APPROVE MINUTES OF THE APRIL 17, 2003, REGULAR MEETING FsC PUBLIC HEARING. Motion by Dottie Kaminski to approve the Minutes of April 17, 2003. The minutes were approved as presented. Ayes: Kaminski, Lawler, Morris, Baldwin, and Waters Nays: Abstain: III. OPEN PUBLIC HEARING TO CONSIDER REZONE #R03-004 FOR 2.25 ACRES OF LAND LOCATED AT 111 NORTH 16~ STREET, FURTHER DESCRIBED AS LOTS 1 THRU 30, BLOCK 716, TOWN OF LA PORTS, JOHNSON HUNTER SURVEY, ABSTRACT 25, CITY OF LA PORTS, HARRIS COUNTY, TEXAS. THE APPLICANT, ANALYTIC STRESS RELIEVING, INC., SEEKS TO REZONE THE PROPERTY FROM BUSINESS INDUSTRIAL (BI) TO LIGHT INDUSTRIAL (LI). Chairperson Waters opened the public hearing at 6:02 P.M. A. STAFF PRESENTATION City Planner, Gwen Goodwin, presented staffs report and answered questions from the Commission. Staff does not feel the requested change would be compatible with the zoning and uses of nearby properties. Of the ll public notices mailed to adjacent property owners, the City received two (2) responses, both in favor of the rezone. B. PROPONENTS Patrick Gauthier, President of Analytic Stress, addressed the Commission. Light Industrial zoning is requested in order to build another furnace location for their business activity of heat-treating metal Mr. Gauthier answered questions from the Commission. Plannuig and Zoning Commission Minutes of May 15, 2003 Page 2 Dalton Meaux, Treasurer of Analytic Stress, addressed the Commission. Mr. Meaux stated his company wants to be a good citizen and is willing to comply with all the regulations the City may impose. C. OPPONENTS No opposition was presented. Public testimony concluded at 6:22 P.M. 1V. OPEN PUBLIC HEARING TO CONSIDER SPECIAL CONDITIONAL USE PERMIT #SCU03-001 FOR 20.7 ACRES OF LAND LOCATID ALONG EAST BARBOUR'S CUT BLVD. ~ THE APPLICANT, PORT OF HOUSTON AUTHORITY, SEEKS A SPECIAL CONDITIONAL USE PERMIT FOR A TRUCK PRE-CHECK FACILITY IN THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT. Chairperson Waters opened the public hearing at 6:22 P.M. A. STAFF PRESENTATION City Planner, Gwen Goodwin, presented stafl~s report and answered questions from the Commission. Staff recommended approval of the special conditional use permit with conditions. The Ciry mailed 32 public notices to adjacent property owners, which included notification of properties within 500' of the proposed facility, from the Port's mailing list. The City received four responses in favor, two opposed, and one uncertain. B. PROPONENTS Kent Marsh, Principal Planner with Knudson Fst Associates, and representative for Port of Houston Authority spoke in favor of the request. Mr. Mazsh asked for clarification on the Commission's position as to screening for the proposed sound wall that was discussed at the workshop meeting. The Commission reiterated that no berm would be constructed rather existing trees were to,rTr,a;n with an infill of new evergreen trees. C. OPPONENTS Aubrey Bradford, 200 N. Nugent, opposes the request because of increased noise and lower property values. Irene Hensley, 202 N. Nugent, opposes the request due to increased noise, pollution, and flooding. Charles Gilliam, La Porte resident, opposes the truck traffic and pollution. Gary Mcinchak, 310 N. Brownell, opposes the request due to lower property values. Don White, Moffatt &r Nichol Engineers, responded to concerns voiced about drainage. Mr. White reported that special consideration has been given to drainage and there is a plan in place. Jimmy Jamison reiterated the purpose of this facility is to improve efficiency by expediting truck traffic. It will facilitate cargo, not generate cargo. Truck traffic to the current facility is 1000 Planning and Zoning Commission Minutes of May 15, 2003 Page 3 trucks per day. Hours of operation are Monday thru Friday, open 7:00 AM, stop receiving at 4:30 P.M., process ends at 6:00 P.M. Public testimony concluded at 6:55 P.M. V. OPEN PUBLIC HEARING TO CONSIDER SPECIAL CONDITIONAL USE PERMIT #SCU02-005 FOR 28.47 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF MCCABE ROAD AND STATE HIGHWAY 146. THE APPLICANT, LEE H. BURCHFIELD, SEEKS A SPECIAL CONDITIONAL USE PERMIT FORA MULTI- . FAMILY DEVELOPMENT IN TIC PIANNID UNIT DEVELOPMENT (PUD) DISTRICT. Chairperson Waters opened the public hearing at 6:55 P.M. A. STAFF PRESENTATION Ms. Goodwin stated Staff received a letter from Craig Nelson requesting the item be v~ithdrawn. The applicant has requested an opportunity to give a short presentation on a new project. Ms. Goodwin briefed the Commission on the special conditional use permit. B. ~ PROPONENTS Rob Burchfield, W.G. Burchfield &t Brother, spoke of plans to develop apartments and a nature preserve to be known as The Preserve at Taylor Bayou. This project replaces the project that was previously presented to the Commission by Mr. Lee Burchfield, known as Mundo La Porte. Mr. Rob Burchfield distributed copies of the new plan to Commission Members. Mazk Mucasey, Mucasey &t Associates Architects, addressed the Commission. Mr. Mucasey, who previously worked with the City to develop the Fairmont Oaks Apartments, described their plans for the new project. Craig Nelson, business partner of Mr. Burchfield, spoke of the various aspects of the project including the tax benefits for the City. C. OPPONENTS No opposition was presented. VI. CLOSE PUBLIC HEARINGS. The public hearings were closed. VII. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R03-004. Motion by Hal Lawler to recommend City Council deny Rezone #R03-004. second by Ross Morris. The motion carried Ayes: Lawler, Kaminski, Morris, Baldwin, and Waters Planning and Zoning Commissi~ • Minutes of May l5, 2003 Page 4 Nays: None Abstain: None VIII. CONSIDER RECOMMENDATION TO CTIY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU03-001. Motion by Hal Lawler to recommend City Council approve Special Conditional Use Permit #SCU03-001 with the following conditions: 1. Adhere to the terms provided in the Homeowner's Assurance Plan. 2. Ensure that at least 30 percent of the property consists of landscaping andlor screening. 3. Provide detailed landscape and screening plans during site plan submittal Allow existing trees and shrubs to remain as natural buffer. Provide `5n-fill" plantings of trees and shrubs. 4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 5. Erect a sound wall constructed with a "rough° texture to decrease the likelihood of graffiti and toincreasethelikelihoodthat vines/greenery will attach to the wall 6. Adhere to the provisions and details shown in facilities lighting plan; ensuring that illumination occurs on site and does not affect nearby residences. 7. Enhance the building facade so that it is architecturally and aesthetically pleasing. The Planning and Zoning Commission must approve the design. 8. Prohibit the overnight pazking of trucks at the facility between the hours of 6:00 P.M. and 6:00 A.M. 9. Hours of operation shall be no eazlier than 7 A.M. and no later than 6 P.M. 10. The applicant will pay the public hearing costs. 11. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Dottie iT.amin~ki- The motion carried. Ayes: Lawler, Kaminski, Morris, Baldwin, and Waters Nays: None Abstain: None IX. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDTIIONAL USE PERMIT #SCU02-005. Applicant withdrew item. Commission took no action. K CONSIDER PRELIMINARY PLAT FOR SENS ROAD BUSINESS INDUSTRIAL PARK Ms. Goodwin presented staffs report and answered questions from the Commission. The Sens Road Business Industrial Pazk is to be located on 37.8 acres at 2220 Sens Road Staff recommended approval of the Preliminary Plat with conditions. Commission Member Pamela Baldwin left the meeting at 7:35 P.M. Carlos Smith, Project Engineer; answered questions from.the Commission. Motion by Dottie Kaminski to approve the Preliminary Plat for Sens Road Business Industrial Pazk with the following.conditions: , Planning and Zoning Comxnissio~ • Minutes of May 15, 2003 Page 5 1. The future 20' wide "future right-of--way" shown along Sens Road should be noted as a dedicated easement to the City of La Porte. 2. Final construction drawings shall indicate off-site drainage improvements to ensure proper drainage of the adjacent property. 3. Final Plat and construction drawings shall provide details showing 12' perimeter around the detention basin. 4. Add the following statement on the plat: "If the Developer opts to build streets to his standards, then the maintenance shall be the sole responsibility of the Owner/Developer." 5. Detention pond will be the sole responsibility of the Owner/Developer. 6. Covenants and restrictions for the Final Plat shall also include the following: 1) Driveway widths and turning radii shall accommodate large trucks, and 2) Landscaping shall be in accordance with ordinance provisions. 7. The Final Plat must demonstrate that an easement, dedicated to the City of La Porte, has been secured that provides access through private property for drainage purposes. Second by Ross Morris. The motion carried Ayes: Kaminski, Lawler, Morris, and Waters Nays: Abstain: XI. STAFF REPORTS Ms. Goodwin reported on the following: a) MULTI-FAMILY REGULATIONS &t BOND REQUIREMENTS The Planning and Zoning Subcommittee is reviewing alternatives to the bonding requirement for multi-family developments.. Developers are having difficulty securing a $1 million bond for the lifetime of the project. Chairperson Waters asked the subcommittee to continue working on this issue. b) COUNCIL'S REQUEST Eddie Gray's Rezone #R03-001 was approved by City Council. A small portion of land was omitted from the exhibit that was presented to Council. Council questioned if it was the Commission's intent for land behind the restaurant to not be included as General Commercial The Commission concurred that it was not their intent. Staff will draft a letter for the Chair's signature, to the Council that includes the correct exhibit. During Staff Reports, Cazlos Smith came forward with concerns about the Commission's action, to approve the Preluninazy Plat of Sens Rd Business Industrial Pazk, with conditions. Mr. Smith suggested that the Preliminary Plat should have been approved and any conditions could be met at the time of Final Plat. Staff and the Commission offered to work with Mr. Smith to call a special meeting, if necessary, toconsiderhis re-submittal c) HOME PROGRAM Planning and Zoning Commission Minutes of May 15, 2003 . Page 6 Eleven homes will be built in the Northside neighbo=hood as part of the HOME Grant Program Two builders have been selected to build the first two homes. They are America's Estate, and Bayou Housing Partners. Commi~.cion Members were invited to attend a workshop that will be held on Saturday from 8:30 A.M. unti112:00 noon. XII. ADJouRN Chairperson Waters declared the meeting adjourned at 8:00 P.M. Submitted by, .~2. Peggy . Planning Secretary Approved on this ~ day of (~(/h.Q~ , 2003. r B aters Planning and Zoning Commission Chairperson • Zone Request • Change #R 03-005 Exhibits A. Staff Report B. Application C. Vicinity Map w/zoning D. Public Notice Response • • Staff Report June 19, 2003 Zone Change Request #R 03-005 Requested bv: Robert R Burchfield of Burchfield Development, L.P., on behalf of Forest Holdings, L.L.P., and Mr. Edward Dutko Requested for: A 13.73 acre tract (Pts. TRS 8, 9B & SF) out of a 90 acre tract, W. P. Harris Survey, A-30, La Porte, Harris County, Texas. Locations: McCabe Road @ S.H. 146 Present Zoning: 16 acres Planned Unit Development (PUD), 90 acres Low-Density Residential (R 1), and 1.35 acres Neighborhood Commercial (NC) Requested Zoning: Planned Unit Development (PUD) Background: The subject tracts comprise of a combined total of ±107 acres of land out of W. P. Hams Survey, A-30, La Porte, Harris County, Texas. The property is located at the southeastern corner of McCabe Road and State Highway 146. The property became part of the City of La Porte in December 1988. It was taken into the City as a part of the annexation of the former Bayshore .Municipal Utility District (Ordinance No. 1626). Subsequent to annexation, the City updated the Comprehensive Plan in order to apply it to the newly incorporated areas. As a part of this process, zoning classifications were assigned to the various tracts and subdivisions. The zoning designation assigned to this tract was P.U.D. In addition, Low-Density Residential and Commercial were the assigned land uses. On July 15, 1993, the Planning and Zoning Commission considered a zone change request for rezoning of 100.6034 acre tract to Low Density Residential (R 1) and the remaining 6.7526 acres to Neighborhood Commercial (NC). The Commission recommended approval to City Council. The Ordinance 1501-Q authorized the R 1 and NC zoning of the property. On Apri121, 1994, the Planning and Zoning Commission was asked to look at this tract. The property owners re-evaluated their development options and requested the rezoning of a portion of R 1 property (approx 17 acres) to P.U.D. with land use designation of Mid to High Density Residential, which opens the possibility of proposing amulti-family development. The Commission recommended to City. Council and Ordinance 1501-R confirmed the P.U.D. zoning of the new 17 acre tract. ~qgR A • • Zone Change #R 03-005 P 8c Z June 19, 2003 Page 2 of 3 . Mr. Edwazd Dutko made a presentation of his proposed General Plan to the Planning and Zoning Commission on August 19, 1999. This General Plan, which was a modification from previous development submittals, demonstrated that approximately 77 acres of the 107 acre tract would need to be preserved based on a report from the US Army Corps of Engineers. The remaining developable acreage shows approximately 29 acres as high- density residential and 1.35 acres as a commercial corner. The Commission was receptive to this plan and suggested Mr. Dutko proceed with formal submittals for Phase 1 which is approximately 17 acres in the existing PUD zoning district. Development in a Planned Unit Development (PUD) zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (for the initial phase of development) be submitted and processed simultaneously. The Planning and Zoning Commission in their regular meeting on September 21, 2000, reviewed the General Plan and a Special Conditional Use Permit for Phase 1 (16.21 ac.) Later on, City Council approved the General Plan and SCUP. On November 30, 2001, a 1- yeaz extension was granted for the same. In December 2002, Mr. Dutko and applicant/developer submitted General Plan and a Special Conditional Use Permit for multi-family development comprising of approximately 29 acres. During the Commission's April 17, 2003 meeting, they made a presentation of the proposed plan. The proposed development includes a 4acre detention pond with water features surrounded by jogging trails and play areas. However, the previous General Plan was approved with a condition that owner will seek zone change to PUD for the development of phase 2 (approx. 12.27 ac.). Analysis: Curreirtly, out of approximately 29 acres needed to develop this project, only 16 acres are zoned PUD; the balance is R 1. Multi-family development is allowed in the PUD but is not allowed in R 1. The developer is seeking a 13.73 acre tract rezone to PUD for multi-family development. In considering this request, Staff reviewed the Comprehensive Plan elements as a guideline. The specific issues considered are as follows: Land Use -Review of the Land Use Plan shows this 107-acre tract was envisioned as developing as low-density residential with a small corner for commercial uses. Although the proposed development is not considered to be low-density residential, the developer stated that approximately 77 acre conservation easement would serve as a buffer between the proposed multi- family development and surrounding properties. • ~ • Zone Change #R 03-005 P & Z June 19, 2003 Page 3 of 3 Transportation -The tract gains access using McCabe Road, a minor arterial with 100' ROW, which provides access to the State Highway 146. However, an additional entrancelexit off State Highway 146 is suggested to improve circulation. These roadways should be able to easily accommodate any traffic generated by new developmern. The overall impact on the traffic should be minimal. Utilities -The infrastructure was not analyzed in detail to ensure that sufficient capacity exists. This analysis will occur when subdivision plats are submitted. In addition; the developer must provide any structures or improvements necessary to serve future development. Drainage -This property lies within the Taylor Bayou Watershed. There are not sufficiern channel improvemerns to directly receive storm water runoff from this project. Storm water drainage and detention is also an issue that will be carefully reviewed as a project develops. Staff recommends on- site deternion for any proposed development. Multi-family Regulation - Recernly the Commission and City Council adopted new multi-family development regulations. The regulations established new requirements for open spaceJrecreation and amenities, maintenance, spacing requvements of multi-family developmerns for each other, 180 unit maximum, 14 units per acre density, and ingress/egress. When development-in the~PUD district occurs, the Commission is allowed to follow the regulations of the district the development could be built; however, the PUD allows for some flexibility and creativity. Conclusion: Based on the items discussed above, the request satisfies the criteria established for Planned Unit Development zoning district. At this time, Staff recommends that the Planning and Zoning Commission approve this rezone request, as it represents the highest and best use . of the property. Furthermore, the request supports the goals and objectives of the Comprehensive Plan. Actions available to the Commission are as follows: • recommend approval of the zone change as requested, • recommend denial of the zone change as requested, and • recommend approval of a modified version of the zone change. MAY-22-2003 THU 09 40 AM .~ FAX F~. P. 02 • City of ~.a~ ~'art~ Estab[ishecl I S92 A~"~LICATIUN FO~t • ZONE C~ANG~ ~tEQUEST Application No.: ,::;,1~~ -Q .~ OFFICE USE OrTI~Y: SEE: $.IOO,Qt~ Date Received: ~ 3 D ~ D Receipt No.: ()Site plan ~ ()Minor Development Site plan ()Major Development Site Plan ()General plan ~() Site Plans Submitted an Appliant's Name: 'Robert R. Burchfield - Burchfield Development; LP . 2123 W. Governors Circle, Ste. Addres$; Houston . TX 7.7.092 _ Date: ~'. ~~ - '2.~~3 (,~WneI'S Name: Eduardo Dutko 400 - ph: ~ 1 Sl~,ilatLlIe: a t ' Cabo Nave, S.A. de C. V. ~ ~ . Blvd, Marin S[N Address: Plaza Las G~orias Loc. 1-8 Ph: Mobile: 281-222-1448 Col. Centro ~. C San.LUCa 2341 property I'.ega~escnption`~~~b • ~~ b~ ~~.~ \~.\ :~~ See Attar ~~V~~Q~o.cct13-1~2-ooi V ~~o.c se~~c~.~~~:~I~c.r. I A11ri TI~'E OWNER OF THE HERE1N DBSCRIBED PROPERTX AND _ _ 11 Robert Burchfield I5 AUTIiORIZEH TO FII.E TIiIS APPLICATION ON MY BEHAI.p: Date: ~ = 2. q - 2 ~ D ~ Signature; ~o~ ~ Zonc: Requested Zone Change: x SIC. o: Proposed Usage: CFF~CE ~U'SE ONLY .' ~~~ MAY 3 0 2003 ~; 1) Planning & Zoning: (a) Preliminary Meeting -- ~ :•~,. ~, ._ (b) Public Hearing/Mtg. - _._ ...-- , .._.,-..~,~.. Recommendation: ~ . Applicant Notified of Date(s): () 1st Mtg. (} 2nd Mtg. Adjoining Property Owners Notified: 2) City Council:. (a) Regulaz Meeting - (b) Public Hearing/Mtg. - Agproved () Adopted ay Amendment Ord. ,#1501 - Denied () ,, ~, , . .:-~ ~ .. s- .,~ ~- ~ . r ~, iii- ~.:,r,~-:.Yc:~.t ~_•~~~• c,~;~ ~~•-~-e Public Notice Response (None Received) • • Extension of Special Conditional Use Permit #SCU 02-002 Exhibits A. Staff Report B. Applicant's Request C. Vicinity Map D. General Plan E. SCUP • • Staff Report Texas Import/Eaport Park, Phase I June 19, 2003 Extension of Special Conditional Use Permit #OZ-002 nest: One-Year Extension of Special Conditional Use Permit (SCUP) #02-002, Proposed Developmern within a Planned Unit Developmern (PUD) Zone Requested Bv: La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., by Stuart Haynsworth, General Partner Reauested For: Approximately 292 acre tract in the Geo B. McKinstry, A-47; W. P. Harris Survey, A 30; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (South 16~` Street). Present Zoning: Planned Unit Development (PUD) Requested Use: Industrial, Commercial and Retail Background: Texas Import/Export Park is a proposed industrial, commercial and retail developmern to be located in an area south of Fairmorn Parkway between the existing Union Pacific Raikoad tracks and the State Highway 146 South. As a part of the PUD development process, the applicant previously submitted a Special Conditional Use Permit and a General Plan covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The Planning and Zoning Commission initiated a Public Hearing for the SCUP and General Plan on July 21, 1998 and concluded that public hearing on August 20, 1998. On March 3, 1999, the Commission unanimously recommended approval of the SCUP, General Plan, and the Development Agreement. On March 15, 1999, City Council approved the General Plan, SCUP#98-001, and the Development Agreemern. Only Stuart Haynsworth, General Partner of La Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the agreemern. While, Daetwyler Enterprises (now CDM Enterprises) did not exearte the Developmern Agreemern. On April. ~7, 2000, the Commission grarned a one (1) year extension for SCUP#98-001,. In February 2002, Mr. Haynsworth initiated a request to re-authorize the General Plan, Development Agreement and SCUP. The applicant's request was essentially a repeat of the previously approved SCUP# 98-O1 less the Daetwyler (now owned by CDM) properties. . ~ ~~ ~ • Extension for SCU02-002 June 19, 2003 Page 2 of 2 At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re-authorize the General Plan, Development Agreement and Special Conditional Use Permit (SCUP) request #SCU02- 002. On June 10, 2002, City Council approved General Plan, Development Agreement and SCUP#02-002. Analysis: Section 106-216 of the Code of Ordinances, and the approved SCUP both define aone-year time frame for construction to begin for the Phase I development. Failure to begin construction within one year voids the approved SCUP unless an extension is granted by the Commission. Conclusion: Since approval of SCUP from City Council, no development plans were submitted and subsequently no construction occurred at the site. The applicant stated that unforeseen reasons delayed the project, but the applicant expressed interest in developing the site. Staff reviewed the request for eons-yeaz extension. There aze no notable changes in the development conditions that would affect the subject property. All infrastructure requirements aze the same as they were when this project received initial approval. Section 106-659(c) of the Code of Ordinances provides that the applicant may request an extension for one additional yeaz, and the Planning and Zoning Commission may grant such extension. The applicant has requested an extension, which is attached herewith as Exhibit B. Staff is recommending approval of a one-yeaz extension for the Special Conditional Use Permit previously presented to the Commission and City Council. • RECEIVED "~"Y'x~~:,• "•~~ ~ ",~~ 1;I~F. F_ F•Cl+`:ON 9U11_!)ING:i BIS N'/11.KFp, 9llll! 143KJ ORFICE Tt9i227.8257 JUN ~ ~ 2oo3MOU~'1'c)N, 1'EXw4'T'%002 FAX 713 ~ 2.27826n ' PLANNING DEPT.28 May 2003 • RECEIVED ;•[~~ ~ 1y ,lc.)~ iS wCS~~yE T19/622•:Rf106 ~+riTY MANAGER'S ~. ~. °~ ~" C?FFlG~ ~ ~ ~ ......... , . Plarnirlg and Zoning Commission 3 City of LaPorte . 604 Fairmont Pkwy. LaPorte, Texas 77571 ~ ~ ~ 1 Re: Request for Extension of Time to IIegin'Cor,struction- #~SCUP 02-002 Ladies and Gentlemen: A Development Agreement betvleen the City a'nd these appli- cants including subject SCUP was~reachecl June ~10, 2002. A sale for initial development was~made•immediately there- after, and the buyer,'~as a.pplcants~' grantee, contacted the ci- ty-! s• planning p~ers~onnel initiating efforts to obtain the rea_- uisite building permit.. ~~ Principally because of the complexity ~'of the overall de- velopment plan and the efforts-~D~~•.all~ ooncerned•~ that the pro- ~~ ject be developed to an orderly and ~desrarle'lon.g-term re- sult, more time has passed than planned. The parchaserTdeveloper will, he .states, file their init- ial.building permit request no later than dune Y0, 2003 and ocr expectations are that the 'entire project will•then•proceed with- out any further undue delay. Those that are familiar with the efforts of the City and your applicants over the last five years are aware'that.consid- erable.time and expense were spent to get this project to this point. ~ . The applicants therefor respectfully request the Commis- sion grant them an e~:tension of not more than the year allowed under the City ordinance to commence cons~tructior~ with an ap- proved building permit. cc : ' ~ Mr . John Joerns. Mr. Gordon ~Weste.rr~ren yours very truly,. Stuart :~Hay(~i$worth,. General Partner LaPorte`• ~? ~,~ ~ Ltd ~ • LaPorte 82, Ltd LaPorte 1i5; Ltd. SH/sp D • • 1~,7'(tOkM1tiY A'1' Z.A~4' Tt~e rsr~RSON autl.pltuu H1S wn~lcr:R, rsun•F t4S9 FIO USTO N, 'EXA4 7'7002 OFFICE 71 x.'227$?F7 F~ 7t3/3?.7$260 Mr. Doug Kneupper Planning Director City of La Porte 604 W.~ Fairmont Pkwy. La Porte, Texas: 77571 29 May 2003 RESIpENCE 713/$22$606 Re: .Request for Extension of Time to Begin. Con.struc- tion Under #SCiTP 02-002 Dear. Mr. Kneupper: Enclosed herewith is our letter request addressed to the Planning and Zoning Camrnissi.on for subject extension. I believe you a=e.very.familiar with the circ~ams•tances and status of the ongoing efforts to obtain the requisite Bui3.ding.Fermit to com- mence construction. • We ask that you present this' extension request to the next meeting of the Pl.annir_g and Zoning .Cor,+.~? ssion and trust tZ°.at you mar do so with your favorable rebr~mmendatio~i far approval. W©u~a,.~•ou kindly let us .know .if there' is • anything further we could do presently or in the future to meet arty requirement to keep this project an the proper course. • Yours very 'truly, SH/sp Stuar H nswort ,. General. artner La Porte 8i., Ltd. La Porte 82, Ltd. La Porte 115, Ltd. r r ~-y "' r- -'~ -~ ~~ ~. ~ ~ _~ ~ ti~ t r \ 4 V M I ~~ ~ ~ ~ ~ ~: ~, ~' ~ :.. = . ~ ` y ~ \ \~ \ \ ~` ~ -r + .. V ... _, .~. ~~.a f ~ ~~Y ~~ _ ~ \~ ,~ ~~ 1 5 ^ ;. ~ hJ NHARTQI~_ _ ~ _ ~ t: S ~~ \ a "~\~ ~. 4•~. Y . \~ \\^. 5. rr n~' ~. ~ ~ Y~_ 'O S ~e' t,~ N p~• i •l' wI T ~/ ~.'~ Y"t; ~ yk . ~ ~ {~~ Y \ • 9 ',.~ ~: ~\ ~, x ~ `` 'W ~~• ~Ir~ }^ ~ ~~~ *.. '-.`,y~r ` ~~ . ~. ~~ r ~~, ~°a ~ ~ ~ ~. :,t ~~ ~.` ~ ~ ~ ~~ ~ Nr:;~~:~ ~~i . .~t~i."M :~'~«f~'aw{ ~~. Q. ` ~ ~.~ ~.• ~` L ~ 1 / . / ~ avoi i L------~-oo•oo~ ~ y ~ o/ • , / F ~ / ~ . 7i z ~ ! !P ~4~ k U g m 1 \ o~\ C~ ~ ~ fn 1 ~ \ ~ `~`~ ~ . Q ~ --~ v ~zz~~1 ry t\i) C~ryN (v °~.-y~~c~ ~2 ~~° l ~~~ <~ ~I~'~p~ v~~~~ i ~~ j~z Z - yzc~ ~~~N ZnOZ Z.r~. o~oz ~Zo ~~~D s~~o,~~ u1os~ ro~i~ ' SDZ~ o~• ~ '. ~ ~ ~ % . __ ^~ ./ 0 o ~~ ~~ ~ ~.~~ -~~ l .. . ~ i r, . r • ~ ; ~ Y, • i~• ~ ~ i / ~ F •~ ~I'"~ ~U E ~.0 t: . N1 u~ h/ ,.. ,• • •, i ~, , ~ ~1 ; ,, ~ m I ~ ' ~ I z•. ~ ,ZL'S99 M.Z4,L 95 -_ 'Od 9W33M NO1HdHM . _ _ _ _ . 5 , I ,~ vq ~~ ,9~'sea a.z9,L,.oow • ~ ' II ~ 1 J I I ~ ~i•/7 r'ti ~ ~ w ~ • ~ ~ ~ I I i r ~ ~rl / i • ~ Z ~ ~ i , ~' I • •I ~ I m .. z ~. I I . m ~ ~ ~ I I c C ~'f C N CA i. ~' • sF ~. I i ~ • . I I cn ~ ~- ~ oo m d" e a d , oD~ ° ,~~ ~ ~ ~~sk. I I I ~ z R1 0. ~ ~ ~ a ~I , •~~: ~ ~~ O v) ~~ ~ @ ~ ~ as I m I +~ ~ ~. v~ L ~ q ~ 0 6+p I I I I N\~ I vu~~ v N .~ea ~~ a '~ I I ~~QS~ oc oCm .. F E I I ~~ I~ I fTl _ ~j m , , N U1 OO I ~ uI ~ I U , i _ , I .p, ~ -`. _ _ I_ _ o ' • . ~ I °~ ' ~ ~ I. . I I ~ ~ • ~ I I I I I . •~. ~ I~ I I I. ~ ~ n ~ f,~ ~V ~ ~ I I ~- G) ~ I ~ I -- -Z--i-~- -----_ --il : ~-LIJ-i•r= o H 1" ~ may„ Cf ~ +„r_ ~ z ~ ,., ~ xi Can (r~ ~~ i NI r~ :C ~ ~ .~.~ ~ _ ~„ o ~ I • ~' ~ . cn Cn (p ~ -~- ~~ ~ ~ laid <. i~ c m•i ~~ ~ I ;~ ~' - ~, I S -~ ~'trlQ~i~. ~~ I ~~ ~ ~ 1y O I. _- `1I~ ~ I _~.1 I v~ I _.a C ~ ~ I"k~~ \ - ~ . I~~' 1~,5 . ~~,,~ ~d m1YOdYr ~~~~ ~ ~ A ~ I~ ~' ~ gg 7 b ;1 .rll I N m ~ ie z rXA X ~ I ~ I ~ 1 1 I1` 1 _~~ aBVOOW ~~ ~ . ~m ~• ~g~ I I W o ~ ~ ~~ o~•~ ~~ I ...1 a '~.. • ~ ~. I ~ ~~~ w,\ ~~~ ~ ~;~~ K{ ' r. \ ~' ~J ~I ~~ ~~ ~' g. 1R O~ ~\ ~'~'. r~ .~ I '- I~ i~ I~ I i~ I~ •~ ~ ~ . ~~~ g~ --~ , ~I II ~~ jli~I ~I~, ~I I ~ ~ I> .~ r I I ~° I i!~ r~. III ~~ IA~• I I°I~ ~~ ~~ I~ ~~ ,S2 \ . ~S ~g i I II , " i I , •~e•~s zDOr9 3Sf101i3WM • ~ ~ / 'l1Vtl I- I 1 . 1' I l .~y.~ I I ~ o i 'Cy . . ' / /.ZS`BLO - 3:L9.L9_Q~N~ .~ ' ; ~ ; ~ ,, ~ avrrsr~s ~~ ,~ _ I o ,I t~I~N~ I •~u _19 0 1B3M ~~ I q'~ ~ r - ~ . I I I I I I ~ ~ ~ n ~ ~ ' ~ ~ ~ .. ~ . I I I , • .' '99L . 3.GL'd9.9DN c I I I ~' 1~ ~ I I I I I ~i I. I I I~ ~ ~ ~, ~ ~ . - ~ o ~ I ~-. _ ..J 1- - - -i ~ h ;~ .. .~ ~I '1B N 1B3M ~I II r-~""~ ~-- E ~ . I v ' LI i i i I ,~ __ ~ - ~ O i I 1 I~ I ~'. 1 ~ a•ivoe oiNaveo b •~ d ~ . „:::.... ..;r, 1 W~ 1 • iV ~ ~ • ~' ~ I 1~ V! ~ I ~~ '~ ~~ ,~ i~ " A Ii Y ~ I i I~ P I I _~~ . ~ I I I i. I .I ~~~ I u ~ ~ ~I ~ Q ~ ~, D 1 1 1 • Exhibit A City of La Porte Special Conditional Use Permit #SCU 02-002 This permit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd. (Texas Owner or Agent For development of: Legal description: 815 Walker, Suite 1435 Houston, Texas 77002 A ress A 292 acre Planned Unit Development known as Texas Imoort/Export Park, a mixed use development further defined by a General Plan Owner/Agent listed above and the Citv of La Porte This Saecial Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name 292 acres of land out of the George B. M A-47: more particularly described by "Exhibit B" - Development A reement Zoning: ~ The zoning for the tract is Planned lnit evelop~ent The permitter land uses for this Planned Unit Development are generally depicted on "Exhibit_A" -General Plan of•Texas Imnort/Export Park These permitted land uses are more specifically defined and/or restricted by Permit Conditions: General/Miscellaneous 1. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 2. 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, engineering analysis, covenants, etc. 3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agreement, Ordinances and policies of the City of La Porte and specifically Section 106-216 ~ 217 of the Zoning Ordinance.. 4. The Developer shall comply with all other applicable laws and orclinances of the City of La Porte and the State of Texas. Failure to begin construction within one (1) 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. If construction 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 of 1 ~ . •. be rescinded by the City G:~I, upon its own motion or upon the i~~~mendation 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: June 10. 2002 Douglas / up r, P.E. Director f Planning re,~~~~ M illett City Secretary 'I of 2 • Sens Road Business Industrial Park (Revised Preliminary Plat) Exhibits A..Staff Report B. Application C. Vicinity Map D. Preliminary Plat Staff Report Preliminary Plat June 19, 2003 Sens Road Business Industrial Park Property Owner: ADD~iCa~t: Location• Sens Road Properties, Ltd. c% Joe Verdall H. Carlos Smith 2220 Sens Road Legal Description: A 37.8 acres of land, being TR 8 as 21.21 acres and TR 3A as 16.6 acres, out of the Enoch Brinson Survey, Abstract 5, Harris County, Texas and further descn`bed in the deed recorded in the Hams County Clerk's File No. V384795, LaPorte, Harris County, Texas. Present Zoning: Business Industrial (Bn & Light Industrial (LI) Land Use: Commercial/Industrial Background: Applicatrt is platting 37.8 acres of land into 3 Blocks, 151ots, and 1 Reserve for a Business Industrial Park along Sens Road in the City of La Porte. The Planning and Zoning Commission; during its May 15, 2003 meeting, considered the preliminary plat and approved subject to the condition that a 20' wide future ROW easement should be dedicated to the City of La Porte. . The applicant made the required changes on the preliminary. plat and resubmitted it for the Commission's consideration. Analysis: Owner/Developer plans to develop the tract for industrial uses. The developer will construct streets and a storm drainage/detention system that will connect with the regional systems in accordance with the policies of the City and Harris County Flood Control District. In addition, staff reviewed the following elements of the Comprehensive Plan in relation to the applicant's proposed development. . Land Use: The City's Land Use Plan indicates this area envisioned as developing commercial industrial uses. The zoning and use of the nearby properties is also commercial and industrial in nature. The current land use and development pattern conforms to the proposed use. Furthermore, the development within the subject tract should not have any adverse impact on the surrounding area. Streets: The plat shows a U-shaped park with a proposed streets right-of- way of 60'. All streets within this subdivision are classified as collector streets with a 60/32 designation (right-of-way/pavement width). The primary function of these streets is to provide access to the proposed business park predominantly used by heavy truck traffic; therefore, these .~~~~ Sens Road Business Industrial Park • Preliminary Plat Page 2 of 2 streets should be designed and constructed standards than ordinary streets. The deve Hams County's design standards. If the c suggested standards and designs the stree owner is solely responsible for maintenance: in conformance with stricter per may use AASTO's or eveloper does not use these s to his standards, then the Utilities: Public facilities and services are sufficient to handle the supply of potable water. and fire protection in the area. In addition, provisions will have to be made to ensure that sufficient utility extensions are made to serve this development. The proposed plan shows a 30'x30' lift station site adjacent to Sens Road. The dedication of this site may be negotiated in the utility extension agreement. Storm water drainage shall be managed by an on-site detention basin reserve (3.427-acre) located to the northeast corner of the subdivision. Conclusion and Recommendation: Staff reviewed the Preliminary Plat and found it to be in accordance with the Development Ordinance of the City. Staff recommends approval of the Preliminary Plat with the following conditions: • Add a statement on the plat that: "No direct access to Sens Road. All lots to have access from the internal subdivision streets." • Add a statement on the plat that "If the developer opts to build streets to his standards, then the maintenance shall be the sole responsibility of the Owner/Developer." • Final Plat must demonstrate an easement, dedicated to the City of La Porte, that provides . access through private property for drainage purposes. • Final construction drawings shall indicate oil site drainage improvements to ensure proper drainage of the adjacent property. • Final Plat and construction drawings shall provide details showing 12' perimeter around the detention basin. • Detention pond will be the sole responsibility of the owner/developer. • Submit a copy of the subdivision covenants and restrictions which include: a) Driveway widths and turning radii for large trucks; b) Landscaping follows the provisions in the Ordinance Options available to the Commission are as follows: • Approval of the Preliminary Plat, as filed. This will authorize the developer to proceed with the final plat submittal. • Conditional approval of the Preliminary Plat as filed. This will require the developer to address the conditions and resubmit the Preliminary Plat. Disapproval of the Preliminary Plat as filed. This will require the developer to file a new Preliminary Plat.