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Home My WebLink About05-20-2004 Regular Meeting and Public Hearing of the La Porte Planning and Zoning CommissionQ �- - " STATE OF TEXAS )( COUNTY OF HARRIS 1( CITY OF LA PORTE NOTICE IS HEAEBY GIVEN OF A REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE PLANNING & ZONING COMMISSION TO BE HELD ON JUNE 17, 2004, AT 6:00 P.M. AT CITY HALL COUNCIL CHAMBERS, 604 W. FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED'BELOW: 1. CALL TO ORDER 2. APPROVE MINUTES OF THE MAY 20, 2004 REGULAR MEETING & PUBLIC HEARING. 3. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R04-006 FOR 4.9.ACRES OF LAND LOCATED AT 9601 FAIRMONT PARKWAY, FURTHER DESCRIBED AS TR 717 & WEST % OF TR 718, LA PORTE OUTLOTS, W. B. LAWRENCE SUBDIVIS).ON, W. M: JONES SURVEY, A-482, LA PORTS, HARRIS COUNTY, TEXAS. THE SLI GROUP, INC. C/O FIRST,UNITED METHODIST CHURCH, SEEKS TO REZONE THE PROPERTY FROM LOW -DENSITY RESIDENTIAL (R-1) TO MEDIUM -DENSITY RESIDENTIAL (R-2) FOR PROPOSED EXPANSION OF THE CHURCH PARKING LOT. 4. CONTINUE PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU04-008 FOR 2.14 ACRES OF LAND LOCATED AT 2915 NORTH 23RD STREET ADJACENT TO PUBLIC WORKS FACILITY OF THE CITY OF LA PORTE. THE APPLICANTS SEEKS APPROVAL OF A SPECIAL CONDITIONAL USE PERMIT FOR AN EXPANSION TO EXISTING LA PORTE SELF -STORAGE FACILITY FOR OPEN STORAGE (Item Was tabled at the May 20, 2004 meeting.) 5. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU04-010 FOR 4.00 ACRES OF LAND LOCATED AT 2619 UNDERWOOD ROAD, FURTHER DESCRIBED AS TRACT OUT OF LOT 10, BLOCK 2 OF THE W. J. PAYNE SUBDIVISION, LA PORTEJIARRIS COUNTY; TEXAS. THE APPLICANTS, LIOYD & LINDA DUNCAN, SEEK A SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPING A MINI -STORAGE AND WAREHOUSING FACILITY IN A GENERAL COMMERCIAL (GC) ZONE. 6. CONDUCT PUBLIC HEARING AND A WORKSHOP TO CONSIDER ISSUES REGARDING APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT #SCU04-011 FOR THE PROPERTY LOCATED 'IN THE 2000 BLOCK OF POWELL ROAD (SOUTH le STREET) FOR 292t ACRE TRACT IN THE GEORGE B. MCKINSTRY, A-47; WILLIAM. P. HARRIS SURVEY, A-30; JOHNSON HUNTER SURVEY, A 35; CITY OF LA PORTE, HARRIS COUNTY, TEXAS: MR. STUART HAYNSWORTH, GENERAL PARTNER, IS SEEKING APPROVAL OF A PERMIT FOR THE DEVELOPMENT OF PHASE 10 F THE PROJECT. THE RAIL -ORIENTED WAREHOUSE FACILITY REQUIRES A SPECIAL CONDITIONAL USE IF IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE. 7. STAFF REPORTS 8. ADJOURN. A QUORUM OF CITY COUNCIL MEMBERS MAYBE PRESENT AND PARTICIPATE IN DISCUSSIONS DURING THIS ME&ING, HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT THE CITY SECRETARY'S•OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030, FOR FURTHER INFORMATION. Martha A. Gillett, TRMC City Secretary Date posted a Minutes of the Meeting 1` PLANNING AND ZONING COMMISSION MINUTES OF MAY 20, 2004 Members Present:. Betty Waters, Dottie Kaminski, Doretta Finch, Nick Barrera, Paul Berner, and Alternate Member• Hal Lawler Members Absent: Kirby Linscomb, Jr., Ralph Dorsett, and Alternate Member Ross Morris City Staff Present: Interim Planning Director, Nicholas Finan; City Planner, Wayne Sabo; Planning Coordinator, Masood Malik; City Prosecutor, Clark Askins; and Planning Secretary, Peggy Lee 1. CALL TO ORDER Meeting called to order by Chairperson Waters at 6:00 P.M. 2. APPROVE MINUTES OF THE APRIL 15, 2004, REGULAR MEETING & PUBLIC HEARING. Motion by Paul Berner to approve. the' Minutes of, April 15, 2004. Second by Doretta Finch. The motion carried. Ayes: Berner, Finch, Kaminski, Barrera; Lawler, and Waters Nays: None Abstain: None 3. CONSIDER FINAL PLAT FOR FAIRMONT PARK EAST SECTION 11. City Planner, Wayne Sabo, presented staffs report. As proposed, Section 11 consists of approximately 19 acres bounded by Spencer 'Hwy.. and Myrtle Creek Drive. Staff recommended approval of the final plat with the items outlined in staffs report. Motion by Dottie Kaminski to approve the final plat'of.Fairmont Park East Section'11 with the following items being addressed prior to recordation of the plat: ■ All construction improvements are complete at site. ■ . Furnish approval letter from Harris County Flood Control District for the drop structure on Big Island Slough. ■ Sidewalks shall be installed along both sides of all public streets and along detention area to connect Block 2 and Block 3. ■ Sidewalks are constructed along -north side of Spencer Highway in both directions leading to Big Island Slough on the east and towards west end of subdivision. Add a note -on the face of the plat that surface maintenance of .20' utility easement to Big Island Slough and detention basin will be the sole responsibility of the Homeowner's Association. ■ Reference of the above should also be noted in the subdivision's covenants and restrictions provided to be approved by the City Attorney. ■ Payment of $319.41 shall be made to the City for street sign installation. • Planning and Zoning Commission Minutes of May 20, 2004 Page 2 Payments shall be made to the City in the amount of $2,760 and $2,355.84 for installation of twelve (12) streetlights and one year's service cost, respectively. Payment of $10,850 shall be made to the City in lieu of parkland dedication. Second by Doretta Finch. The motion carried. Ayes: Kaminski, Finch, Berner, Barrera, Lawler, and Waters Nays: None Abstain: None 4. CONDUCT PUBLIC ' HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R04-004 FOR #2 ACRES OF LAND LOCATED IN THE 2100 BLOCK OF SOUTH BROADWAY, FURTHER DESCRIBED AS LOTS 2 THRU 31 OF BLOCK 1254, W.P. HARRIS SURVEY, ABSTRACT NO. 30, LA PORTE, HARRIS COUNTY, TEXAS. - THE • APPLICANT, F. CARRINGTON WEEMS, SEEKS' TO REZONE THE PROPERTY FROM LOW:DENSITY RESIDENTIAL (R-1) TO NEIGHBORHOOD COMMERCIAL (NC) FOR DEVELOPMENT OF OFFICE BUILDING. Planning Coordinator, Masood 'Malik, presented staffs report. The applicant seeks a rezone from Low -Density Residential (R-1) to .Neighborhood Commercial (NC) for the purpose of developing an office building in the 700 block of S. Broadway, adjacent to the Bay Forest Golf Course. Staff feels the zone change will have a negative impact on surrounding properties and recommended denial. The City mailed notification to seven property owners. Two responses were received in favor of the zone change. Proponents: None 'Opponents = Dean Snider, 202 Bay Colony Dr., is opposed to the zone change, citing it would be' a. negative impact on adjacent housing and the golf course. Motion by Nick Barrera to recommend to City Council, denial of Rezone Request #R04- 004 for t2 acres of land located in the 2100 block. of South Broadway. Second by Paul Berner. The motion carried. Ayes: Barrera, Berner, Kaminski, Finch, Lawler, and Waters Nays: None Abstain: None S. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R04-005 FOR PROPERTY LOCATED IN THE 700 BLOCK OF STATE HIGHWAY 146, FURTHER DESCRIBED AS TR 1, BLOCK 4, NEBRASKA SYNDICATE, JOHNSON HUNTER SURVEY; ABSTRACT NO. 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO REZONE Planning and Zoning Commission Minutes of May 20, 2004 Page 3 THE PROPERTY FROM GENERAL COMMERCIAL (GC) TO BUSINESS INDUSTRIAL (BI) FOR DEVELOPMENT OF A TRUCK STOP. Mr. Sabo presented staffs report. The applicant seeks a rezone from General Commercial to Business Industrial ' for the purpose of developing a truck stop on approximately 2.52 acres of land in the 700 Block of State Highway 146. Staff feels the zone change will have a negative impact on surrounding properties and recommended denial. The City mailed notification to 23 property owners. Fifteen responses were received in opposition of the zone change. Proponents Bobby Grisham, co-owner of Grisham-Tolar Properties, 4650 Center, Deer Park, representing Ajay Jain, addressed the Commission. Mr. Grisham presented a site plan, . different from the one the Commission received in their packet. The proposed truck stop would be a mini -truck stop with an emphasis on supplying fuel to trucks and cars. Mr. Grisham showed pictures of similar truck stops and described his plans for development. Ajay .Jain, 3520. Cornwell Way, Houston, offered - to answer any questions the Commission might have about his plans. Opponents - Dean Snider, 202 Bay Colony Dr., feels that nearby residents should not be subjected to excess noise and emissions from a truck stop. Bernard Legrand, 3115 Layne Court, is opposed. He noted eighteen -wheelers are more intrusive than cars. Public comment ended at 6:35 P.M. The Commission briefly discussed the matter, but did not feel the rezone would be a good idea. Motion by Hal Lawler to recommend to City Council, denial of Rezone Request #R04- 005 for property located in the 700 Block of State Highway 146. Second by Dottie Kaminski. The motion carried. Ayes: Lawler, Kaminski, Barrera, Finch, Berner and Waters Nays: None Abstain: None 6.. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU04- 005 FOR PROPERTY LOCATED IN THE 700 BLOCK OF STATE HIGHWAY 146, FURTHER DESCRIBED AS TR-1, BLOCK 4, NEBRASKA SYNDICATE, JOHNS -ON HUNTER SURVEY, ABSTRACT NO. 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS 'TO REZONE THE PROPERTY FROM GENERAL Planning and Zoning Commission ` Minutes of May 20, 2004 Page 4 - COMMERCIAL (GC) TO BUSINESS INDUSTRIAL (BI) FOR DEVELOPMENT OF A TRUCK STOP. Item 6 was not considered due to the recommendation to disapprove Item 5 7. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING, SPECIAL CONDITIONAL USE PERMIT SCU#04-006 FOR 9.16 ACRES OF LAND LOCATED IN THE 1200 BLOCK OF SOUTH 13T" STREET, FURTHER DESCRIBED AS LOTS 1-32 'OF BLOCKS 1135, 1136, AND 1137 WITH ALLEYS IN THESE BLOCKS -AND PORTIONS OF STREETS RIIGHT-OF WAY, TOWN -OF LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS A SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPING MINI -STORAGE AND OFFICE WAREHOUSING IN A GENERAL COMMERCIAL (GC) ZONE. Mr. Malik presented staffs report. The applicant seeks a special conditional use permit . to develop a mini -storage and office warehousing facility on 9.16 acres of land in the 1200 block of South 13 Street, south of Fairmont Parkway. The applicant proposes to develop an office complex in the front and a storage warehouse in the back. - Mr. Malik outlined the items staff would' like the Commission to consider, if recommending approval. The Commission discussed .property access and location in relation to the proposed Texas Import -Export site. The City mailed notification to 13 property owners. Three responses were received in favor of the request. Proponents Price Blalock, 2122 Todd ville, Seabrook, co-owner of the proposed Home Porte Storage, addressed the Commission. Mr. Blalock stated he was willing to meet ' the conditions recommended by staff. He stated that the 266' x 400' reserve is excluded from. the request. The plan is to build the office/warehouse along the perimeter and mini - warehouses in the interior. Randy Jones, 15901 Edgewood, Clear Lake City, - builder/developer, addressed the Commission. Mr. Jones submitted pictures of a building similar to what is being planned for this development. There will be no outside storage; everything will be enclosed. Wayne Vinton, 1514 S. 8t', La Porte, host of KILT radio's outdoor show, addressed the Commission. While attending sports shows, he is frequently asked why there is no boat storage available in La Porte.. Mr.. Vinton believes there. is a demand for this type of facility. Bernard Legrand, 3115- Layne Court, was concemed about the view from SH 146 and whether 18-wheelers or hazardous waste would ' be stored in the warehouses. Mr. Legrand did not indicate whether he was in favor or opposed to the request. " . The Commission discussed, landscaping, fencing, lighting, occupant use. Planning and Zoning Commission ' Minutes of May 20, 2004 Page 5 Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit Request #SCU04-006 for development of mini -storage and office warehousing in the.1200 block. of South 13th. St. with the following conditions: 1. Developer ' shall work with' the City to address the drainage corridor and realignment of S. 12t' St. right-of-way. 2. Check the feasibility of locating detention basin close to the future drainage channel. 3. Additional landscaping shall be required along "K" St. right-of-way. 4. South 13"' St. shall be extended to and through the proposed development: 5. - Utility extension or paved area over drainage corridor/easement shall be the responsibility of the owner/developer.. .6. Enhance the building facade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. 7. Rendering of the building facade shall be submitted to the Planning and Zoning Commission for final approval of the site plan. 8.. The applicant shall file an application with the City to -close alleys and streets in Blocks 1135, 1136, and' 1137. If successful, the property shall be formally replatted. 9. Detention basin shall be screened and landscaped in compliance with required screening and landscapingprovisions per'Section 106-444(a) of the Ordinance allowing additional landscaping to insure a positive appearance, if required. 10. Provide an irrigation system to ensure that • all landscaping and screening is properly maintained by the owner/developer. 11. Facility lighting shall be arranged 'as to reflect the light away from adjacent. properties. 12. Ensure that maximum lot coverage does not exceed 40%. 13. This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the • Development Ordinance. 14. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. 15. Permit shall be limited to development of Phase I only. " 16. The east portion along 12t' St. ' (east of 13t' St. right-of-way), block 1135, shall be excluded. - 17. The northwest corner of block 1137; .652 acres as shown on the sketch plan should be excluded. 18. Storage of hazardous materials shall be prohibited. 19. Uses shall be limited to professional service type businesses. Second by Paul Berner. The motion carried. Ayes: Kaminski, Berner, Barrera, Finch, Lawler and Waters Nays: Abstain: 8. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY . COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU04-007 AS AN Planning and Zoning Commission ' Minutes of May 20, 2004 Page 6 AMENDMENT TO #SCU03-002 FOR LAND LOCATED IN THE W.P. HARRIS SURVEY, A-30. THE APPLICANT, HETTIG MANAGEMENT CORP. SEEKS AN AMENDMENT'TO AN EXISTING SPECIAL CONDITIONAL USE PERMIT FOR MULTI- FAMILY RESIDENTIAL DEVELOPMENT "BAYFOREST RANCH" IN THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT. Interim Planning Director, Nicholas Finan, presented staffs report. Mr. Finan explained . the amendment encompasses the entire project and not just what is included in the existing Special Conditional Use Permit. The permit allowed multi -family development for land use. Single-family homes for rent are now being proposed. Notices of public hearing were mailed to 50 property owners. The City received two responses in favor and two opposed. The Commission also received a copy of a letter of opposition from Eddie Dutko. Proponents Joe Fogarty answered questions from the Commission on various aspects of the project. Joy Schaeffer, 1421 Wisterwood, Houston, spoke about the similarity of this project,with other Hettig properties. Darlene Guidry, 9917 Newens Rd., Houston, president of the management company, answered questions from the Commission pertaining to tax credit developments, rental rates, and property maintenance. Tracy. Youngblood, Brown & Gay Engineers, .representing Hettig Management Corporation and ARETE Real Estate,. feels this is 'a better project than what was" previously proposed. Opponents Dean Snider, 202 Bay Colony'Dr., La Porte, spoke at the request of Fran Strong for the Old Hwy. 146 Committee. Mr. Snider stated that Condition 42, of the Special Conditional Use Permit, should be further explained. He expressed concern regarding Conditions 12-17, which deal with payments and maintenance. Mr. Snider is concerned with the character and timing of the project and does not feel it is consistent with the vision for the golf course community. Bernard Legrand, 3115 Layne Ct., La Porte, agrees with Mr. Snider's comments. Mr. Legrand's 'concerns dealt with density, 'access, taxes, - maintenance. bond, and percentage of low-income residents. There was discussion about adding -the Homeowner's Association covenants to Condition #11 as needing approval by .the City; City approval of system for providing priority for La Porte residents in Condition #27; Adding Condition #28, ensuring property value, rather than income value, is factored for payments in lieu of taxes made to the taxing entities. The Commission asked Staff to ask the following of the applicants when making their presentation to City Council: Planning and Zoning Commission ` Minutes of May 20, 2004 Page 7 ■ What percentage of homes will be market, median, and low income? ■ What will be the rent structure? Motion by Nick Barrera to recommend City Council approval of Special Conditional Use Permit #SCU04-007 as an amendment to #SCU03-002 for a multi -family residential development known as Bayforest Ranch, with the following conditions: 1. Allow only this development design near McCabe & SH 146. The development is restricted to 100 units based on single-family special lot line (e.g. 0 lot line) parameters in City. Code of Ordinances 106-333. . The Developer's Agreement could determine driveway access on S.H. 146 and McCabe Road. 2. Enlargement or use of a commercial tract shall -be determined when the Development Agreement is created. 3. Any developer redesign of the current layout of street rights -of -way and building setbacks for the entire Golf Course Development and Bayforest requires prior approval. 4. Future approval of the plats and construction drawings shall be in accordance With the master.sewer plan.for south La Porte or agreed modifications. 5. This project and the entire General Plan shall conform to the priniciples and findings of the Taylor Bayou Watershed Plan. Proposed drainage plan must be approved by the City. .6. The City's Parkland dedications shall apply. The consolidation or only partial credit may be considered for the dispersed parks. In addition to the passive park/detention areas should include the deed restrictions that these areas, buildings, lawns, clubhouse, open spaces and appropriate adjacent lands are private and maintenance would be the responsibility.of the Homeowner Association. 7. Agreements for the provision'of public -services within this complex shall be made between the City and the owner/developer.. 8. The perimeter landscaping, pedestrian paths, or sidewalks along SH 146 and the drainage channel for Bayforest would. equal that proposed for the SH 146 boundary of the Golf Course Community. 9. Construct a sound barrier wall between the entire Golf Course Community and Bayforest developments &S.H. 146. 10. Ensure pedstrian access to trails system from within the development without entering McCabe Road ROW or S.H. 146'. 11. Return with the Development Agreement, plat, deed restrictions, covenants, lease agreements, HOA covenants etc. reaffirming and resolving the above conditions -for approval by the City. 12. The applicant must secure a maintenance bond, according to the City's multi- family provisions, or seek an approved alternate. 13. If current or future owners are a qualified 501 c(3) or a governmental body, agree to payments in -lieu of taxes for all taxing jurisdictions. 14. Covenant that any change in ownership in the future to a qualified 501 c (3) or another governmental unit be required to continue payments in -lieu of taxes. 15. City must be agreeable to the terms and conditions regarding payments in -lieu of taxes including term and provisions for renewal. Planning and Zoning Commission Minutes of May 20, 2004 Page 8 16. Covenant the creation of an Interest and Sinking Fund that continues beyond the life of any he or tax credit. 17. Create a property owners association that is subject to and part of the Homeowners Association created for the adjacent singe -family development. 18. Consider a mixture of 3 and 4 bedroom units v. 100 4-bedroom units in consideration of the impact on. LPISD. 19. Comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. 20. Construct an 8' minimum sight -bearing fence around the development. . 21. Architecture of units must be approved by the City of La Porte. 22. Development requires alleys and rear access to garages and 50' ROWs. 23. Development requires landscaping of individual lots and tress in rear yards of lot along McCabe Road and. S.H. 146. 24. Landscaping is required along the entire. length of the development. bordering McCabe Road. 25. Provide for school bus turnarounds and bus stops. 26. Ensure that'planned,amenities (e.g. pool,. parks, playgrounds and equipment, clubhouse etc.) are constructed. . 27. Ensure that a system, approved by the City, is in place to provide priority -for La Porte residents. 28. Per condition number-13, ensure that property value, rather than income. value, is factored for the payments in lieu,of taxes made to the taxing entities as stated previously. , Second by Dottie Kaminski. The motion carried. Ayes: Barrera, Kaminski, Finch, and Waters Nays: Lawler, Berner Abstain: 9. CONDUCT PUBLIC HEARING AND.CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU04-008 FOR 2.14 ACRES OF LAND LOCATED AT 2915. NORTH 23RD STREET, ADJACENT TO PUBLIC WORKS FACILITY OF -THE CITY OF LA PORTE. THE APPLICANT SEEKS APPROVAL OF A SPECIAL CONDITIONAL USE PERMIT FOR AN ADDITIONAL DEVELOPMENT TO EXISTING MINI-STORAGEMAREHOUSE-FACILITY. Mr. Sabo presented staffs report. The applicant, William Thomas, would like to expand the current facility, LaPorte Self Storage, located at 2915 N: 23`d St. for use as open storage for boats, RV's, etc. Public notices were mailed to ten property owners. The City'received one response in favor of the request. The owner, William Thomas, 1922 Forest Garden Dr.; Kingwood, addressed the Commission. Mr. Thomas stated he had spoken with the Engineer, who confirmed the drainage shown is'sufficient. Regarding item #2 of the proposed special conditional use permit, Mr. Thomas feels that ten -foot for a landscape barrier is too much. Planning and Zoning Commission Minutes of May 20, 2004 Page 9 There was discussion about fencing and landscaping locations. The Commission felt the item should be tabled until such time the applicant could return with a definite plan for development. Motion by Paul Berner to table the request for Special Conditional Use Permit #SCU04- 008 for an additional development to an existing mini-storage/warehouse facility. Second by Dorreta Finch. The motion carried. Ayes: Berner, Kaminski, Barrera, Finch, Lawler, and Waters Nays: Abstain: 10. CONDUCT PUBLIC HEARING AND. CONSIDER RECOMMENDATION TO - CITY COUNCIL REGARDING SPECIAL CONDITIONAL .USE PERMIT #SCU04-009 FOR THE PROPERTY LOCATED AT 2219 UNDERWOOD ROAD. THE APPLICANTS SEEK APPROVAL OF A SPECIAL CONDITIONAL USE PERMIT FOR PROVIDING OFF -SITE PARKING FOR A RESTAURANT. OFF -SITE PARKING IS DESCRIBED AS A CONDITIONAL USE IN A GENERAL COMMERCIAL ZONE PER THE CITY'S CODE OF ORDINANCES, Mr. Malik presented staffs report: The applicant, Melvin Walker, has requested a special conditional use permit to allow off -site parking for the Texas Grill restaurant located at 2219 Underwood Rd. The applicant received permission from'the neighboring property owner to utilize their parking with a six-month lease, while -pursing a land deal for permanent parking. Staff recommended approval with conditions. The applicant, Melvin Walker, 2126 Whatley Dr., Deer Park, addressed the Commission. Mr. Walker expects to have a lease -purchase contract signed with Otis Wright within the next week. He plans to install permanent parking and detention. Seven public notices were mailed to nearby property owners. No responses were received. Motion by Doretta Finch to approve Special Conditional Use Permit #SCU04-009 for offsite parking for a restaurant located at 2219 Underwood Road, with the following conditions: 1. Special Conditional Use Permit for lease of off -site parking shall be limited to a period of six. months. 2. The proposed permanent site for off -site parking shall -be in compliance with all applicable City regulations, shall -require screening and/or landscaping of the parking lot and shall be approved only after review of a certified site plan. 3. Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary. 4. A certificate of occupancy, renewable annually, shall be required. Planning and Zoning Commission Minutes of May 20, 2004 Page 10 5. The Developer shall comply with all applicable laws and ordinances of the City and State of Texas. Second by Dottie Kaminski. The motion carried. Ayes: Finch, Kaminski, •Berner, Barrera, Lawler, and Waters Nays: Abstain: '11. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY COUNCIL'REGARDING RENAMING OF CANADA ROAD TO EAST BOULEVARD. Mr. Sabo presented staffs report. Plans are underway to widen Canada Road and connect to East Blvd. in the City of Deer Park. Re -addressing may, need to occur. Public notices were mailed to nine property owners. Two responses were received in opposition: Proponents Bobby Worsham, 1002 Patricia, Deer Park, pastor of 2"d Baptist Church in La Porte, addressed the Commission in favor of changing the name of Canada Rd'. to East Blvd. Some of the church property fronts Canada Rd., therefore the extension of Canada Rd. will create greater exposure for the church. The church is considering future expansion with a name change to Canada Rd. Baptist or East Blvd. Baptist. They are awaiting a decision on the name change in order to purchase anew, sign. Opponents Sue. Gale Mock Kooken, 410 S. 1st -St., addressed the Commission in opposition of the name change. She believes that Canada Rd. was named on behalf of the J.W. Canada family, who added a. great deal to the history of La Porte. She stated it would not make sense to name a north to south road "East', especially being on the west side of town. Motion by Hal Lawler to recommend to City Council the renaming of Canada Road to East Boulevard. Second by Dottie Kaminski. The motion carried. Ayes: Lawler, Kaminski, Berner, Barrera, Finch, and Waters Nays: Abstain: 12. STAFF REPORTS A. LARGE LOT ZONING — LOMAX AREA Mr. Finan noted that staff is working to get the Zoning Ordinance typed in its entirety in order to begin making revisions. A memo on large lot zoning was provided to the Commission. Staff would like to see this be a district that could be applied anywhere deemed appropriate within the City. Staff would Planning and Zoning Commission Minutes of May 20, 2004 Page 11 also like to receive input from affected residents and suggested conducting a town hall meeting in the Lomax area. The Commission recommended staff first conduct a town hall meeting and then create a committee comprised of representatives from the affected areas. Staff will begin preparation of a moratorium -to send to Council. B. MAIN STREET DISTRICT Mr. Finan updated the Commission on the progress of the Main Street Committee. The Committee is considering•a mixed used district while reviewing such issues as setback, activity, and height limitations. The Committee wants to hold a public hearing. Staff will request an extension of the moratorium.. Commissioner. Berner is a member of the Main Street Committee. C. . LA PORTE DEVELOPMENT ORDINANCE Mr. Finan reported that staff would begin review of the Development Ordinance. Staff will look for inconsistencies and conflicts and will forward their recommendation for changes to the Commission. Major -revisions are anticipated. D. 40% MAXIMUM LOT COVERAGE (SECTION 106-333, TABLE B) The current Zoning Ordinance limits the maximum lot coverage to 40%. There have been recent requests from residents wanting to exceed that maximum amount. Staff is researching requirements for other cities for comparison. 13. ADJOURN Motion by Dottie Kaminski to adjourn the meeting. Second by Paul Berner. Chairperson. Waters adjourned the meeting at 9:45 P.M. Submitted by, Peggy Lee Planning Secretary Approved on this day of 2004. Betty Waters Planning and Zoning Commission Chairperson Zone Change Request #R04-006 (First -United Methodist Church) Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E. Application F. Public Notice Responses G. Site Plan (new addition) Zone Change Request #R04-006 Planning and Zoning Commission June 17, 2004 Location of Proposed Change 9601 W. Fairmont Parkway Legal Description of Proposed Zoning 4.9 acres of land out of TR 717 & west % of TR 718, La Porte Outlots, -W. B: Lawrence Subdivision Applicant The SLI Group, Inc. on behalf of First United Methodist Church Present Zoning Low -;Density Residential -1 'Proposed Zoning Medium -Density Residential (R-2) Surrounding Zoning North Low -Density Residential (R-1) East Neighborhood Commercial (NC) South ' . Medium -Density Residential (R-2) West Medium Density Residential -2 Land Use Residential Activity Proposed -king Lot expansion for the Church Summary: • The applicant is requesting a zone change from Low -Density Residential (R-1) to Medium -Density Residential (R-2) for proposed expansion of the church's parking lot. • First United Methodist Church is located at 9601 W. Fairmont Parkway. The property is zoned Medium - Density Residential (R-2) where church related activities are a permitted use as per Code of Ordinances. e The northwest portion of the subject property is the site for the proposed parking lot expansion. It is zoned, however, Low -Density Residential (R-1). • The tract in question is along CaniffRoad just south of Summer Winds Subdivision. • The. property is adjoined by Life Community Church on the west, vacant tracts to the east along Fairmont Parkway at Underwood, and south of Caniff Road. • The subject property is in the vicinity of major residential, commercial, and industrial developments. • The area is earmarked for residential uses in the Land Use Plan. • The overall impact on public services should be minimal. • Streets/roads should have adequate capacity to handle the traffic generated by this proposed development. Recommendation: • The requested change is compatible with the zoning and uses of nearby properties. • . The change will unify an entire tract under a single zoning classification of R-2. • The property in question is suitable for the requested change to R 2 in order to allow the proposed expansion of parking lot. • The development within the subject tract will not negatively impact the surrounding properties and will not harm the value of the nearby properties. • In addition, it will not have significant impact on the traffic conditions in the area. Staff recommends approval of the zone change request. w Actions required by the Commission: • Recommend to Council approval 'of this rezone request #R04-006. • Recommend to Council denial of this rezone request #R04-006. . • Table this item for further consideration by the Commission. .! CHIBIT A vti I''_ �4 � - � aswr- � M4J tlt 7 T i a♦: �J�C .;°��k,� L�l IV a1 _ wall I • set ;' t .� �, �� gUM'r4lR l�i ine 9aao. ��' ° C�� ,� i�v ' A t �� r! ,II• - OL IL 20 / "I", Ob 4 r „ PEp l• USfliNt3 SUED '+`5 ♦ '�' '., �• VV/// +�' / / / trhhp' / A y I / '// I S URCH � � •' a `3 �� b�,� � / 3 � � • �''% /ter Al IL RK, FA I R M O N T' PA R.K WAY . E. XHIM CITY�IDEP RTMENT9\P,L ANNINMP&Z\REZONE_REQ R41306 1J JT METHDDIBT CHURCH w;. „r.+,4, ;• 0 N.T.S. 0 UMMER WINDS SUBD. 704 700 O � 93 O CB PECAN C O BIND SUR RD. W- FIRST UN11 RE METHODIST C' U C 716 9601 W. Fairmc 19 �I FAIRMONT PA SWAY LEGEND_. 9601.W: Fairmont R# 04-006 R-1. LOW .DENSITY .RESIDENTIAL R-2: MEDIUM DENSITY RESIDENTIAL 0 NC NEIGHBORHOOD COMMERCIAL PUD LOW DENSITY'RESIDENTIAL R-3: HIGH DENSITY :RESIDENTIAL ✓�� 0 Staff Report First United Methodist Church June 17, 2004 Zone Change Request #R 04-006 Requested bv:. The SLI Group, Inc. on behalf of First United Methodist Church Requested for: Approximately 4.9 'acres of land out of TR 717 & west %Z of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M.. Jones Survey, A-482, City of La Porte, Harris County, Texas. Locations: 9601 W. Fairmont Parkway Present Zoning: Low -Density Residential, R-1 Requested Zoning:' Medium -Density Residential, R-2 Background: The subject tracts comprise approximately 4.9 acres of land out of 14.6311 acres of lot 717 and the west %a of lot 718 of La Porte Outlots, Volume '83, Page 344, H.C.D.R., William M. Jones Survey, La * Porte, Harris County,. Texas. The said property indicates three zoning classifications. In the south portion of lot 717 is an existing church building & parking lot located within Medium - Density Residential (R-2) zoning district where religious. institutions (SIC#866) or related facilities are a permitted use. The northern portion of lot 711 is zoned Low Density Residential (R-1). The west 'h of lot 718 is zoned Neighborhood Commercial (NC). The R-1 portion of the property is the site of the proposed church parking lot 'expansion. The subject tract is facing Caniff Road. There is an existing private drive off Caniff leading to the church. The property is adjoined by Life Community Church on the west, vacant tracts to the east along Fairmont Parkway at Underwood, and south of Caniff Road. The subject property is also in the vicinity of residential (Summer Winds & Pecan Crossing Subdivisions & Fairmont Oaks Apartments), commercial (convenience store & gas station), and industrial (Bayport North Industrial Park) facilities. The applicant seeks a rezone from Low -Density Residential (R-1) to Medium -Density Residential (R-2) for proposed expansion of the church's parking lot. Analysis: In considering this request, Staff reviewed the following Plan 'elements: Land Use, Thoroughfare System, Parks Utility Infrastructure; and Residential Development. The considered are as follows: Comprehensive and Recreation, specific issues -�XHIB D Zone Change #R 04-006 P & Z (6/17/04) Page 2 of I Land Use -- Review of the City's Land Use Plan shows the subject tract developing as residential. In addition, some commercial uses are shown at the intersection of Underwood Road and Fairmont Parkway. Currently, the adjacent properties are church and single-family residential (Pecan Crossing and Summer Winds Subdivisions). The surrounding existing uses -across Caniff Road and church are primarily residential: The proposed rezone seems to be compatible to these uses. Should the rezone to R-2 be granted, the entire tract 717 would have the same zoning classification. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: • Character of the surrounding and adjacent areas; • Zoning and uses of nearby properties; • Suitability of the property for the uses permissible within the zoning designation; • Extent to which approval of the application would detrimentally affect of substantially harm. the value of nearby properties; . • Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, • The gain, if any, to the public health, safety, and welfare of the City. Transportation —'The tract in question gains secondary access along Caniff Road_ running east and west between the Church and Summer Winds Subdivision, and primary access off Fairmont Parkway. Caniff Road, an 80' -public right-of-way, and Fairmont Parkway, a controlled access highway with 250' ROW, will accommodate the additional traffic generated by the proposed development. The primary function of Caniff Road is to provide through access to the Pecan Crossing and Summer Winds Subdivisions at Underwood Road. Utilities Utilities are in place to support the church. No additional utilities will be needed for this project. Storm- water drainage will be reviewed carefully with the development plan submittal for the proposed expansion. Recommendation: Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends approval. The property in question is suitable for the requested change to R-2 which will unify the entire tract under a single zoning classification. The requested rezone allows expansion of the church facilities. The development within the subject tracts will not negatively impact the surrounding properties and will not harm the value of nearby properties. Furthermore, it will not have a Zone Change #R 04-006 P & Z (6/17/04)- Page 3 of 3 . significant impact on the traffic conditions in the area and better accommodates the traffic flow into the church facility. In reviewing this request the Commission should consider the following: • There was -no apparent error in assigning the present zoning designation to the tracts in question. • There have been no changes in the area that warrant a change to the zoning designation. • The applicant's requested zoning conforms to the present zoning and nature of the surrounding properties. • Furthermore, the requested change is compatible' with the goals and objectives of the City's Comprehensive Plan. Actions available to the Commission are listed below: • Recommend to Council approval of this rezoning request from R-1 . to R-2. - • .Recommend to Council denial of this rezoning request from R-1 to R-2. • : Table this item for further consideration by the Commission. OFFICE USE ONLY: Established 1802 APPLICATION FOR ZONE CHANGE REQUEST FEE: $ 300M Application No.: Date Received: Receipt 'No.: () Site Plan () Minor'Development Site Plan () Major Development Site Plan () General Plan () Site Plans Submitted on Appliant's Name: — 00 Address: 10$00 ®t.� �1'�'i IlGl�tlp Ph: 9 ' 4&W � • I rLre Date: Owner's Name: Address: Ph:. Z • �'�g • 4'�0�l'J Property Legal Description: 01,10see Attached I AM THE OWNER OF THE HEREIN DESCRIBEAPRP AND GIS AUTHORIZED TO FILE THIS AON M BRT�A T .F, Date:SignatureZone:: Requested Zone Change:' C No: Proposed Usage: OFFICE USE ONLY 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearin;/Mtg. - Recommendation: Applicant Notified of Date(s): () 1st Mtg. () 2nd Mtg. Adjoining Property Owners. Notified: 2) City Council: (a) Regular Meeting - (b) Public Hearing/Mtg, - Approved () Adopted by Amendment Ord. h501 - H,81T 51 "e -a ----------------------------------- o (CURRE�NTLY 1;�.-D New At2t2moNAL rAmNa: So ArvmoN& 5PAcF,5 I 5ia FINU; - - 1 NF-16H130FH00P Commr-PICIA- ZONE N.C.)' 4k. IJ LIZ WTVAM IN ANVP I H 11 II.11 L --- - - - - --- - J 1. KID 0 VLL Was F -nNC -ZONE R-2 XIAP - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - . . . . . . p -Or r C T, PLAN TRUE! NORTH NORTH rAF -r PARKWAY MON NEW A1212moN 0 .0. s t La Porte Self Storage Special Conditional'Use Permit #SCU04-008 (Item was tabled at the May 20, 2004 meeting Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff Report E.. Application F. Draft SCUP G. Public Notice Responses H.- Site Plan • Special Conditional Use Permit #SCU04-008 Planning and Zoning Commission June 17, 2004 Location of Proposed Change 2915 N. 23d Street Legal Description of Proposed Site Pt. of Richard Pearsall 1/3 League, Abstract 625 Applicant William Thomas Present Zoning General Commercial (GC), BI & LI Acreage 2.14 acres Surrounding Zoning North General Commercial (GC), LI East Business Industrial (Bn South General Commercial (GC), BI West General Commercial GC Land Use _ Commercial Activity Proposed Mini -storage (expansion) Smmary: • The applicant is requesting to expand the existing mini -storage facility by paving 2.14 acres of an adjacent portion of site along Spencer Highway. • 'Me mini-storage/warehousing is classified as a conditional use in GC zone. • The original permit was conditional in a GC zone and limited to Phase I. e The subject property is just south of City's Public Works facility and - in the vicinity'of UPRR. • The area is earmarked for commercial uses in the Land Use Plan. • The overall impact on public services should be minimal. • Streets/roads may. have adequate capacity to handle the traffic generated by this proposed development. • Expansion is in the vicinity of the site identified for the new Police Station. Recommendation: Due to major commercial and light industrial nature of surrounding properties, and adjacent to pipeline corridor, staff feels this type of development is appropriate -and may not harm the nearby facilities. Given the project's proximity to Spencer Highway with overpass on UPRR., however, certain conditions should be considered. If approved, the following conditions should be in place: • The site is constructed with a 10' landscaping along that portion that'abuts Spencer Highway. This landscaping barrier. should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders) and be able to fulfill the intent of the barrier from one (1) year after planting. An additional T . landscaping barrier be constructed along the western portions of the perimeter including the entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station... In addition, the landscaping plan must be approved by the City Staff. •. That the special conditional use permit be approved only for phase H. • The paved area provide a dust -free environment, the construction of which be. approved by the City Staff. • Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff. • No construction shall take place until a minor development site plan and replat are submitted and approved by the City Staff. Actions required by the Commission: ' . • Recommend to Council approval of this SCUP with conditions. • Recommend to Council denial of this SCUP. H�EiO� 1yc rya p r j ■■�.: 7 10 711 • • La Porte Self Storage Staff Report - Expansion June 17, 2004 Special Conditional Use Permit #SCU04-008 Requested by: WPT Properties, Ltd. (William Thomas) Requested for: 2.14. acres, part of the Richard Pearsall 1/3 League, Abstract 625, La Porte, Harris County, Texas Locations: 2915 N. 23'd Street Present Zoning: General Commercial, GC, Light Industrial (LI), Business Industrial (BI) Requested Use: Expansion of Self Storage Facility for Open Storage. Background: On 9-27-99, A Special Conditional Use Permit #SCU99-003 was issued to La Porte Self Storage in a General Commercial Zone. The permit was specifically limited to Phase I (Mini -Storage Warehouse). The existing facility is primarily in 'a GC zone with a portion (detention pond) within that part of the tract of land in a Light Industrial (LI) zone. This issue was initially heard -by P&Z on May 20, 2004, and tabled to allow the applicant- time to firm plans for the expansion and incorporate changes verbalized at the May 20s' session. The applicant seeks to expand the facility by paving 2.14 acres of an adjacent portion of the site within that part of the tract that is in a Business Industrial .(BI) zone 'and abutting Spencer Highway to the south. The purpose of the expansion is open storage for boats, RVs. etc. Analysis; The original permit was conditional in a GC zone and. limited to Phase I. Sec. 106-521 (a) Table A, Industrial Uses, states "All uses conditional in the GC zone, except residential" are conditional use in all types of industrial districts. This expansion represents Phase. H and, therefore, requires a special conditional use permit. It should be noted that this facility is adjacent to the City of La Porte Public Works Department and in the vicinity of the site identified for the new Police Station at 23d Street and Spencer Highway. In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developments spanning commercial and industrial uses. While no structure is planned, the use of the land requires conditional permit. Surrounding uses include GC to the west and south, BI to the south, and LI to the east and north. No residential uses are present. The intended use of the proposed site is compatible. with surrounding zones. At the* first hearing staff recommended that given the nature of the intended use, a 10' landscaping �XHI D Special Conditional Use #SCU04-008 P & Z (6/17/04) Page 2 of 3 screen be constructed along the eastern and western portions of the tract intended for open storage, and a 10' landscaping buffer along the boundary abutting Spencer Highway. In further coordination with the applicant, however, it was learned that boats and RVs were also being stored along the strip running east and west adjacent to the current facilities. Given that the initial proposal did not have any landscaping along this portion of the development,. and that eastern portion of the proposed expansion abuts the railroad, we are amending our initial recommendation. We recommend that the 10' landscaping screen along the eastern portion of the expansion abutting the railroad be eliminated. We further recommend. that ,the 10' landscaping buffer along that portion of the expansion adjacent to Spencer Highway remain. The westernperimeters of the expansion, including the strip adjacent to the current facilities, retain a 5' landscaping buffer along its entire length thereby isolating the storage activity from the view of the proposed Police Station. Streets — Access to the .proposed development is off of 23`d Street.. We see little to no impact by the proposed development. Topography — This- area is relatively flat and stable and should not be an obstacle to this type of development. Density — No density issues . Utilities — The proposed expansion will require no additional utilities. Drainage —Current drainage calculations now account for the adding of impervious'cover (paving). Recommendation: Based on the above analysis, staff recommends approval of the Special Conditional Use Permit #SCU04-008. Given the project's proximity to Spencer Highway, however, certain conditions should be considered. Should the Commission favorably consider the request, we recommend the following conditions: 1. The site is constructed with a.10' landscaping along that portion that abuts Spencer Highway. This landscaping 'barrier - should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders) and be able to fulfill the intent of the barrier from one (1) year after planting. - The an additional 5' landscaping barrier be constructed along the western portions of the perimeter including the entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station. The landscaping plan must be approved by the City Staff. Special Conditional Use #SCU04-008 P & Z (6/17/04) Page 3 of 3 Options available to the Commission 2. That the special conditional use permit be approved .only for phase II. I The paved area provide a dust -free environment, the construction of which be approved by the City Staff. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff. 5. No construction shall take place until a minor development site plan and replat are submitted and approved by the City Staff. • Recommend to Council approval of this SCUP. • Recommend' to Council approval of this SCUP with additional conditions. • Recommend to Council denial of this SCUP. RE C E I ` • P.iAy 0 3.2004 CITY OF LA PORTE >4►► =' ® 3 200i APPLICATION. FOR SPECIAL .CONDITIONAL USE PERMIT. OFFICE USE ONLY: Fee; 300 Application No.: .00 Date Received: , - y Receipt No.: . Certified Plans Submitted: () General Plan () INEnor Developement Site Plan () Major Development Site Plan () Preliminary Plat - Person Making Request: " . w/07— .' Mailling _A_ddre5$: !IX :5 e'e (�'�.y!C:P.�/ r City/State: _ j% No w e e d 7k 17 3Y Phone- 1$I - 366 - 7965 �. BUSINESS NAME:.f�'irfe,: PROPERTY ADDRESS: / kid .LEGAL DESCRIPTION: ZONE: ; SIC USE -CATEGORY: TYPE OF BUSINESS: Se S /o __i ATE_ OWNER .OR AUT�aORiZED AGENT OFFICE USE ONLY .Date of P & Z Public Hearing: Recommendation: Y N or Date of City Council Meeting: Approved: Y ' or . N Zone' This application is• : Approved (.) Denied ( ) Permit No. CLP JOB # (If Assigned Yet) Conditions: This permit is issued to: For Development of: Legal Description: Zoning: Use: Permit Conditions: City of La Porte Special Conditional Use Permit # SCU 04-008 WPT Properties. Ltd. (William Thomas) Owner or Agent 1922 Forest Garden Dr. Kingwood, TX 77345 Address La Porte Self Storage (Miniwarehousing) expansion Development Name 2915 N. 23"d Street, to Porte Address Pt. of the Richard Pearsall 1/3 League, Abstract 625. La Porte, Harris County, Texas. General Commercial (GC), lil. 8 LI Mini-storage/Warehousing "DRAFT" 1. SCUP#04-008 is specifically limited to the mini-storage/warehouse as defined in SIC. #4225. 2. The site is constructed with a 10' landscaping barrier along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight bearing bushes .(e.g. red. tips or oleanders etc.) and be able to fulfill the intent of the barrier from one (1) year after planting. An additional 5' landscaping barrier be constructed along the western portions of the perimeter including the'entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station. The landscaping plan must be approved by the City Staff. 3. That the special conditional use permit be -approved only for phase H. 4. The paved area provide a dust -free environment, the construction of which be approved by the City Staff. 5. Drainage to be planned to have a net zero effect -for stormwater runoff for surrounding areas -and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff., 6. No construction shall take place until a minor development site plan and replat are submitted and approved by the City Staff. 7. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuanceeor 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 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 City Secretary LA PORTE. SELF STORAG' — — — 76•] E om N 90, 00' 00' E (EAST) 124247 YwMI• — y T — — — — — — — — — — — — — — — -ILL P 1.G M.lr 1�.le.wa I f7E LG.T.33 ®J-dp --�,—- lum1.F,F. 22.5 c,i, 223 JIs 7 La21 M tMwMAREV. 14.0 F.F. 22.5 F.F. 22.5 la- AN 11150 0.oparwa rat a S-d000pe]s T.C. 7 !.1 13CM, as W7.s Lr..M' bS . s•O.00aM1s �K — — =l & iz. —law- rraq To � AWm '� C at' Y oat' w i%oa-) 2l.aK Lr. IY .ps •7a S - a7m1 S 90' 00' 00',W (WEST) 881.J0' ' J 1 I F-a. SA' UL S 58' 21' 48'W 420.25' t W aC Ga' . aW ELEVATIONS BASED ON CITY OF LOP0117E • •-" •-•- CITY / SURVEY YARRQR 1932 La00RTE AIRPORT Thai easel al land Y IN Zane X (Gas do beg . to be aYlolde Sm = d Lee ;0o-yoa Ned plakn) TDPO 9RET RM F-11 ELEVATIONS 1978 AD USTYENT dodid -t d m Flood 4norwalp Rate Mao �mlmm ty- Panel "wabr 485480 0943 / MtW Nowlnser 06. Ing, RIGS SEA LEVEL DATUM a• Orepaed Sir Br Faded Emrgwney Me."•n1n.1I AgeAsyn DEVATAN - 2227 . REVISIONS BY N 307.25' SPENCER HIGHWAY R 1,191.91' 90. 00' OD' W 97.93' D 01' 3Y 27r L a 54:15' T 27AW Ch- 54AV 1. MICHAEL HUELSEBUSCH, P.E. 618 FIRST ST. - HUMBLE, TEXAS 77338 PHONE: (281) 540-8495. FAX: (281) 540-8496 FAX: (281) 540-8496 . E-Mail: lmhpe@eatthlink.net 1 u• LEGEND Properly Cerny - • Powa Ptls a Tel-ph ana Box r TNaphana Llna Mark. e Gaa Mstar • Sanitary Sow. Man -Nola ' Watr vdw Witt. Motor. O Cane. R.O.W. Beer. • Fire Nydranl - • Fanes Carer R.C.P. Culrsrt ®meal Orr_ o anaga as %a Existing Elowllans t u Fla. Line Oawtlan se, r. w r Plps Sze. Length, and Type 1- •>• Pipe . Pawmant Slope • Inlet • Pump Basin saw T of Carp aFN •0 o awman 0 Gran and Landscaped Area ® Conusla Pang Owr P4ellno t"'L ® 0 at neat i o o ns DRAINAGE COMPUTATIONS. DETENTION (ORGINAL TRACT) S - 0.45 (5.9901) - 2.6955 Ac.-Ft. S . 117.41a Cu. Ft. MA7IMUM OUTFALL Oar- 0.3 (5.9901) - 3.00 C.F.S. . DETENTION (NEW LAYOUT) S - 0.45 t614 .. 2.7639 Aa.-FL S - I,2039, 2 CUBK FEET IkOOITIONAL DETENTION NEEDED 120.395, 48 - 117.410.00 - 2.977.46 WL THIS EXTRA VOLUME WILL BE CAPTURED IN THE EASTING STORM SEWER PIPE RESTIOCTOR O - CA(29h) - A . 3.00/0.8(2[32.2)135) . 0.0164 PL A - L362 Se. n. - RESTRICTOR - 5' _ 1 - SX LA. asp Cal TAanAS T. La PORTE STORAGE MU : aao]oo" Mae CHICKO E Y. Underwood Self Storage Special Conditional Use. Permit #SCU04-010 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. - Staff Report E. Application F. Draft Scup. G. Public Notice Responses H. Sketch -Plan -I. Mini -Storages in La Porte- Special Conditional Use Permit #SCU04-010 Planning and Zoning Commission June 17, 2004 Location of Proposed Change 2619 Underwood Road Legal Description of Proposed Zoning Lot 10, Block 2 W. J. Payne Subdivision Applicant Lloyd & Linda Duncan Present Zoning General Commercial G Acreage 4.00 acres Surrounding Zoning North General Commercial (GC) East Low -Density Residential (R-1) South General Commercial (GC) West Underwood Road Land Use Commercial Activity Proposed Mini -Storage SCUP Summary: • The applicant is requesting a Special Conditional Use Permit (SCUP) for developing a mini— storage/warehousing storage/warehousing at this location. • Earlier, SCU#64-004 was recommended for denial on the April 15, 2004, and subsequently denied by Council. - • Applicant changed plans for presentation before Council and was instructed to resubmit revised plans to P&Z. • The mini-storage/warehousing is classified as a conditional use in GC zone. • The subject property. is in the vicinity of major commercial developments. • The area is earmarked for commercial uses in the Land Use Plan. • : The overall impact on public services should be minimal. • Streets/roads should have adequate capacity to handle the traffic generated by this proposed development. • Difficulties presented by a pipeline easement and inability to place anything over or on it other than a driveway. together with the easement's effect upon remaining tracts, pose challenges to ordinary retail development. Recommendation: Due to the nature of the narrowness and depth of the tract, and the parameters.of the pipeline easement, Staff feels that, in this case, the applicant's land use is not inappropriate. At the time of assembling this data, however, the applicant's new plans and renderings had not been received and therefore we withhold recommending approval at this time. If approved, the following conditions should be in place: • SCUP#04-010 is specifically limited to the mini-storage/warehouse as defined in SIC #4225. • Development abutting "R-1" district shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance. • Provide at least 20' wide planting strip of heavy landscaping abutting residential development in the rear. All landscaping and screening shall be maintained by the owner/developer. Current trees adjacent to the residential development are to be maintained. • Additional Landscaping should be placed along the entire front and both sides for a depth of at least 100' and at a width of at least 5'. This landscaping should be sight bearing. Landscaping plan to be approved by the City. • A masonry wall shall surround the complex. • Facility lighting shall be arranged as to reflect the. light away from the adjacent residential properties. • An outside storage shall be screened from public view by positioning id the center of the complex. . • Enhance building fagade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. • Utility extension and maintenancetrepair of paved driveway over pipeline easement will be the responsibility of the owner/developer. • All non -service transmission pipeline crossing must have the approval of the pipeline company. • Ensure that maximum lot coverage does not exceed 40%. • Provide on -site -detention for the development and design in such a way to not inhibit normal sheet flow of adjacent properties. • This permit does not become valid until a formal Minor Development Site Plan and Plat are submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. • The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. !M1B.07 A. Special Conditional Use Permit #SCU04-010 Planning and Zoning Commission June 17, 2004 Actions required by the Commission: • Recommend to Council approval of this SCUP with conditions. • Recommend to Council denial of this SCUP. r E BRED T� { AE ` r r r r r C'R t r r r r r r r 1JB l jT, C •� Fes.. � �� 1 Q }i-® .1 ui LL 0% // //// fl 1 ZN A ;GERL NDS • ' i�-•�RI'14G1�� > r WAL .REEl- sOwl ' H:IL "v. crt� aEi rN� �z eultpa•ooauNoea��uc�o�GFeroR ,rr_r : �� i N.T.S. LEGEND UNDERWOOD SELF STORAGE SCU# 04-010 R-1. LOW DENSITY RESIDENTIAL 0 GC. GENERAL COMMERCIAL MM UT C Staff Report Underwood Self -Storage June 17, 2004 Special Conditional Use Permit #SCU04-010. Requested by: - Lloyd & Linda Duncan Requested for: A 4.00 tract out of lot 10, block 2, of the W. J. Payne Subdivision, La Porte, Harris County, Texas. Location: 2619 Underwood Road Zoning: - General Commercial (GC) Proposed Use: * . Mini -storage & warehousing Background: The applicant is proposing a mini-storage/warehousing just north of Underwood Plaza, south of an undeveloped tract with a restaurant, east of Underwood Road, and west of the Creekmont Subdivision and Church property. The Exxon/Mobil Pipeline runs diagonally through *the whole undeveloped propertyalong Underwood Road. The property is zoned General Commercial (GC). Mini -Storage warehousing (SIC #4225) is classified as a Conditional Use in GC zone. This request was initially heard by the P&Z on April 15, 2004, with a recommendation , for Council to .disapprove the request. Council subsequently. heard -the issue and after reviewing new plans for the development, disapproved the request and instructed the applicant to present his new plans to P&Z. The applicant has modified his original input to the Commission; however, to date Staff has not received the final plans and renderings for review. Analysis: Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217, and all applicable elements of the La Porte Comprehensive Plan as a guide. Considerations were given to the following issues: • Character of the surrounding and adjacent properties; • Existing use of nearby properties, and the extent to which a land use classification would be in harmony with. such existing uses. or the anticipated use of the properties; • Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; • Extent to which the designated use of the property would harm the value of adjacent land uses; • Extent to which the proposed use designation would adversely affect the. capacity or safety of that portion of road network influenced by the use; • Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmental harm on adjacent land use designations; and, • The . gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. AHIBU SCU04-010 June 17, 2004 Page 2 of 4 Land Use — The City's Comprehensive Plan shows this area developing with commercial uses. The existing land uses are primarily commercial (grocery store, restaurants, drug store, beauty shop, insurance company, and other miscellaneous shops). There are single-family residences just east of the proposed project. Certain uses of land,* buildings or structures may not be appropriate under all circumstances in any given zoning district, but may be appropriate and suitable where adequate precautions can be taken to assure compatibility with surrounding uses, public need, and the city as a whole. It is also the ..intent of the Comprehensive Plan that commercial land uses should be clustered throughout the City and convenient to residential areas. Staff - recommends a buffer between commercial and residential area to the rear. Transportation - Staff notes that the subject tract abuts on Underwood Road (100'ROW), which intersects with Spencer Highway with 100' ROW. The transportation system should adequately accommodate the traffic and existing properties should.. not be impacted by the proposed. development.. The existing roads are adequate to support the said project. The proposed development is in conformance with the City's Development Ordinance and the Thoroughfare Plan. - Topography — This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage - Staff reviewed the existing facilities and services for each. of the components of the utility system for the proposed development. Existing water is adequate for potable and fire protection needs. 'A 12" waterline is located on the .east side of Underwood Road running north to south. Sanitary sewer is near the south property line at the north edge of the parking lot of adjacenf property. An S" sewer line is located on the east side of adjacent property at.2627 Underwood Road in the utility easement running north to south. An easement needs to be retained for the existing utilities to and thru'of this property. The owner/developer will be responsible for any paved area over utilities. Ordinance requires on -site detention for this facility and the drainage plan must account for normal sheet flow off adjacent properties: .Landscaping / Screening - The property abuts commercial uses along Underwood Road. This is the most public face of the tract. Staff suggests that a substantial portion of the facility's landscaping should be placed on Underwood Road. Iri addition, heavy landscaping and screening shall be required,. adjoining residential properties to the rear. The building style coupled with the proposed landscaping and setbacks should result in a, facility that is attractive and compatible with surrounding properties. SCU04-010 June 17, 2004 Page 3 of 4 Staff found the request satisfies all applicable Ordinance requirements. The request is not incompatible with the goals and objectives of the Comprehensive Plan. Under certain. conditions, the specific use is compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. Conclusion: While the Staff initially did not recommend approval of SCU#04-004, based upon additional analysis with the. owner/developer the following facts and considerations should be considered: • The shape of the tract, being narrow and deep, coupled with the pipeline easement, which allows no construction or paving other than a driveway, presents some difficulty for normal- retail/commercial development. • The pipeline easement through the remaining tracts offers similar challenges to other commercial development • Changes in the developer's plans .enhance . compatibility with surrounding developments. Based upon the facts presented above, staff feels the proposed use is appropriate due to the shape of the associated tract of land and the pipeline easement. Normal retail development would be at a disadvantage. Establishments in the vicinity endorse the application. Staff recognizes the developer is willing to blend this development to be architecturally and aesthetically pleasing. Until final renderings are received, however, we withhold our recommendation for approval. If approved, the Planning and Zoning Commission may recommend Special Conditional Use Permit #SCU04-010 subject to the following conditions: ➢ SCUP#04-010 is specifically limited to the mini-storage/warehouse as defined in SIC #4225. ➢ Development abutting "R 1" district shall be screened and landscaped in compliance with required. screening and landscaping provisions per Section 106-444(a) of the Ordinance. ➢ Provide at least 20' wide planting strip of heavy landscaping abutting residential development in the rear. All landscaping and screening shall be maintained by the owner/developer. Current trees adjacent to the residential development are to. be maintained. ➢ Additional Landscaping should be placed along the entire front and both sides for a depth of at .least 100' and at a width of at least 5'. This landscaping should be sight bearing. Landscaping plan to be approved by the City. ➢ A masonry wall shall surround the complex. ➢. Facility lighting shall be arranged as to reflect the light away from the adjacent residential properties. ➢ An outside storage shall be screened from public view. ➢ Enhance building fagade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. ➢. Utility extension and maintenance/repair of paved driveway over pipeline easement will be the responsibility of the owner/developer. SCU04-010 ` June 17, 2004 Page 4 of 4 ➢ All non -service transmission pipeline crossing must have the approval of the pipeline company. ➢ Ensure that. maximum lot coverage does not exceed 40%. ➢ Provide on -site detention for the development and design in such a way. to not inhibit normal sheet flow of adjacent properties. ➢ This permit does not become valid until a formal Minor Development Site Plan and Plat are submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. ➢ The Developer shall comply with all applicable laws_ and ordinances of the City and the State of Texas. Options available to the Commission are: • Recommend to Council - approval of this SCUP with additional conditions. • .Recommend to Council denial of this SCUP. CITY OF LA PORTE 40 APPLICATION FOR SPECIAL rn _ T T TTQ Z�R�P T'�' Application No.: d /i . 67/0 OFFICE USE ONLY: Fee: $300.00 Date Received: Receipt No.: c v no Certified Plans Submitted: () General Plan () Major Development Site Plan () Minor Developement Site Plan () Preliminary Plat . Person Making Request: Mailing Address: City/State: BUSINESS NAME: PROPERTYADDRESS: LEGAL DESCRIPTION: ZONE: . TYPE OF BUSINESS: I—) el 7 Jy--S 0 DATE Date .of P & Z Public Hearing: Date of City Council Meeting: Zone: This application is CLP JOB. # Conditions: fax • � $..� ��a. _ 9 � o � SIC USE CATEGORY;. - J Approved J) Denied ( ) Permit No. (If Assigned Yet) AUTHORIZED AGENT Recommendation. Y or N Approved: Y ' or N • "DRAFT" City of La Porte Special Conditional Use Permit # SCU 04-010 This permit is issued to: Lloyd and Linda Duncan Owner or Agent 1822 Gaucho Circle La Porte, TX 77571 Address For Development of: Underwood Self Storage (Miniwarehousing) Development Name 2619 Underwood Road, La Porte Address Legal Description: Lot 10 Block 2. W. J. Payne Subdivision La Porte Harris County. Texas. Zoning: General Commercial (GC) Use: Mini-storaQelWarehousing Permit Conditions: . 1. SCUP#04-010 is specifically limited to the mini-storage/warehouse as defined in SIC #4225. 2. Development abutting "R-1" district shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance. 3. Provide at least 20' wide planting strip of heavy landscaping abutting residential development in the rear. All landscaping and screening shall be maintained by the owner/developer. Current trees adjacent to the residential development are to be maintained. 4. Additional Landscaping should be placed along the entire front and both sides for a depth of at least 100' and at a width of at least 5'. This landscaping should be sight bearing. Landscaping plan to be approved by the City. 5.. A masonry wall shall surround the complex. 6. Facility lighting shall be arranged as to reflect the light away from the adjacent residential properties. 7. An outside storage shall be screened from public view. 8. Enhance building fagade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. 9. Utility extension and maintenance/repair of paved driveway over pipeline easement will be the responsibility of the owner/developer. 10. All non -service transmission pipeline crossing must have the approval of the pipeline company. 11. Ensure that maximum lot coverage does not exceed 40%. 12. Provide* on -site detention for the development and design in such a way as to not inhibit normal sheet flow of adjacent properties. 13. This permit does not become valid until a formal Minor Development Site Plan and Plat are submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit -as approved, except upon an extension of time granted after application to the Planning.and Zoning Commission. If 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 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: f A Meeting of the La Porte Planning & Zoning Commission RECEIVED. (Type of Meetings JUN -1 0 2004 Scheduled for PLANNING DEPT. June 17, 2004 (Date of Meeting) to Consider Special Conditional Use Permit #SCU04-010 (Type of Request) I have received notice of the above referenced public hearing. I am inI FAVOR of granting this request'for the following reasons: . A-D il .TD — -:4 e_. s w.a5'� T w OrJ U A -(-,-Ty F GO.�S—rrJc_T10-a MR-reriA-LS c'—)S_c- d S ouertrU— S r —F L—A � o l I am OPPOSED to granting this request for the following reasons: 2�6S 6-LL-' %16A r r/1- Name lease print) Signature ' ZtioOly�IOLFIwy-»�D �j 4--re, G4 cf /X 7 7 -7/ City, State, Zip . .. Ma RwhbMuw OEM 1 RwbbNbmw 34 SETBACK 40'-0' ' �•_ AT DRIVE 30 DRIVE 30 DRIVE �' 4 130'-0' --� 15 .0 '- . ' .. ...:.1 l T, WAY o� •. c c IOX10 $ $ FUTURE $ FUTURE RE YmUwAr ® „ 20X10 0 5 c I IOX10 $ $ ISX! 20X10 II: C J WA c tw u 0 4 If DNW II' DRNE 130'-0' 2�'DRlVE m to ' N b n. b J s' o U t-� 1.11 cm . 2* DRIVE 24 DRIVE 24' DRIVE n 130' 0' / ® FUTURE 6. . Ij J 130'-0' -� 3 tw y y tw r M 4 AL .Q 1• b 0 ,. 0 7n'-n•—_l 130'-0' p p tw , 140'-0' a Bonn mu , ® 39-DRNE 30DRIVE 317DR1VE 21'DRNE' I 1 ~ all CLIMATE. UNITS "NO N4;UMATE UNITS -® UNIT SCHEDULE QTY- DOOR. SCHEDULE' CITY. 20x10 UNIT 5 8'-8x7'-0 ROLL -UP DOOR 10. 15x10 UNIT. .3 8'=8x7'-0 ROLL=UP DOOR 3 .; 10x10 UNIT 8'-8x7'-0 ROLL -UP DOOR . 36A. 10x5 UNIT f.318 8'-8x7'-0 ROLL -UP DOOR 155xS UNIT 3'-8x7'-0 ROLL -UP DOOR 1 • p � z nS • .. pad: TOTAL UNITS - 62 TOTAL UNITS -123 - 6,025 S.F. TOTAL RENTABLE CLIMATE ' 16,050 S.F. TOTAL RENTABLE. NON -CLIMATE DWMPTM TOTAL ALL UNITS -185 I 'M'"1= was BY 22,075 S.F. TOTAL ALL RENTABLE eETM COCKED BY 25,050 S.F. TOTAL BUILDINGS BK TDB mm 69,490 S.F. TOTAL'IlummiNm1Nim FUTURE Dm S4,599 S.F. OF DRIVW WITH FUTURE a .10,474 S.F. OF ALL LANDSCAPE Ulm UNIT SCHEDULE- QTY. DOOR SCHEDULE . QTY. 10x20 -UNIT 31 ' • 8'-Ox7'-o ROLL -UP DOOR 31 10x15 UNIT 37 8'-ox7'-O ROLL -UP DOOR 37 10x1.0 UNIT 31. 8'-ox7'-0 ROLL -UP .DOOR 31 - 5X10 UNIT 24 j 3'-00'-0 ROLL -UP DOOR 24 IP►- ma LEND LA PORTS SELF STORAGE 291S H. 23RD STREET ® SPENCut M94I-STORAGE 11220 SPENCER HWY. ® LA PORTS STORAGE 507 E. MAIN STREET • LA PORTS MINI WAREHOUSES 116 NORTM 3RDSTREET ® THE STORAGE STATION 10601 PAIRMONTPARKWAY 'D V . 16W WW9tSAN ]ACINTO BAY BAY T-4oup8 CITY OF LA PORTE OF A u .: rows 804 W FAIRMONT PKY. LA PORTE, TEXAS 77571 281.471-MO PLANNING DEPARTMENT ENGINEERING DIVISION MAP OF STORAGE FACILITIES IN LA PORTE LEGEND STREETS CITY OFLA PORTS HARM COUNTY PRNATE ROAD TXDW HIBIMRY SPRR REVISIONS t RMVRJKM/ItSIIE Tg OR L IBSIL on 1 CORRECTIONS ISD2 P�IOJacr. MAPS" ogre 6100 1 OF 1 W-W.uP■ WA sC�e AS NOTED Texas Import/Export Park Special Conditional Use Permit #SCU04-011 Exhibits .. A. Memo w/enclosures B. Summary. C. , Staff Report D.. Development Agreement E. SCUP F. - Public Notice Response G. General Plan O� L A A CITY OF LA PORTE PLANNING DEPARTMENT 9�/ 604 W. Fairmont Parkway, La Porte, TX 77571 / m www.d.la-porte.bws Phone: (281) 471-5020 / Fax (281) 842-1868 TE XA8 MEMORANDUM FOR RECORD JUKE 10, 2004 TO: Planning and Zoning Commission FROM: City Planner SUJECT: Texas Import/Export Project. For your reference, the aerial photo of the project (Industrial Park) area is at enclosure 1. As some of you know, the current Special Conditional Use Permit #02-002 for the referenced project will expire on June 20, 2004; after its final extension. Given that no actions could be taken in the time remaining to fulfill the requirements of that permit, Mr. Stuart Haynsworth submitted an application for a new permit.on May 28, 2004. While it was understood that Mr. Haynsworth would resubmit the same General Plan, he expressed issues and concerns with the current Developer's Agreement. The application was submitted with a list of issues from Mr.. Haynsworth (enclosure 2) which are summarized as follows: • Request for initial building' permit for 8 acres of Phase 1-A of the SCUP being- the 8 contiguous acres to the Union Pacific Rail Road for the purpose of constructing a rail yard. • Request that conveyances of land for streets not be required until respective subsequent building permits are granted in those respective areas. • . Request that any payment requested for a traffic study not be required since the County has undertaken the construction of an overpass at Fairmont Parkway and Powell Road [it should be noted that the overpass is actually designed to be over the UPRR], or in the alternative that .any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study. []Vote: on the subsequent SCUP it was recognized that the payments to the City would not be for . the overpass but for other development impacts as them become identified] • Agreement on location of needed drainage detention reserves taking into account existing drainage projects and planned detention locations such as nearby owners' land in the flood plain.. Given the complexity of the issues, the lack of a certified development site plan and the lack of time available to coordinate the issues, a meeting with Mr. Haynsworth's group was held on June 10, 2004. In attendance were Mr. Haynsworth (Partner), Mr. Golden (Partner), Mr. ,HI A Toups and Mr. Northrup (Planner). Notes and issues defined at the meeting are at enclosure 3. At the conclusion of the meeting, the general feeling was that the issues were too numerous and complex to seek a decision on a Special Conditional Use Permit at the June 17, 2004, meeting of the Planning and Zoning Commission. Mr. Northrup suggested that the decision on the Permit be tabled. Staff recommends concurrence. Ori June 10, 2004, Staff received an official request to table a decision and to conduct a workshop to discuss the issues and allow Mr. Haynsworth to reiterate his concerns and receive guidance and input from the Commission (enclosure 4). In 'coordination with Chairperson Waters, the agenda item for Special Conditional Use Permit #04-011 reflects that request. Since it was noticed in the newspaper, the Public Hearing for this application must still occur. . For review, a modified Staff Report and original SCUP are attached to outline the project's purpose, history and recent activity. Wayne o City Planner i ;�{.q�l� i�.a r+,3v;:.,','7, r1 .� .:j 1 :.:K �: r 6 r' !, ,>,: ` dl�.._ I , y..� [ 5# ?r x.' IIS I i �: ;._ ,ii:: i>;L: tko z;;, 2 {. } ,i-{:-r .n+„ ':C t [r ,j_ IT r.,,i:-'.. r ,1 /41 r - i' r'-'r� :!: '.i •f P A;4 "-7'-. 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REaVE '0' I I 14. 1 Aa .. ■ RES.' - .. - ,I, �:�• �' � -_�: { 'ts AM ... _. � . _. � • � l i .. -_ _34:4lr6-LA-_ _ i� _ -- -- - --------- ae aur.s':`M°rrw�'s++w - •�-us - --';3"wasane - - . - .. .sF�e• a 1�:t.xr a7 - 1111.61f 100 -YEAR r teal=3 z: FLOOD. Pi.AN ! , ' L-,4135 , —� STATE HWY-.. '146 urr_ ole�-1laN asAN� P. U.• O.f-------------- LI Naa 72'z, w 2a.26 ' s N.�' lh tdw■Q.nss , Ge..I Iti, Yd:is P. U. D. I ! E -� Na�� zr - r..eo . �...: I �I _ ....�..� m..�.r,.....al...�...r 'GENERAL :PLAN OF .krz . aseovss,4-s�.t,.:..�A,■,m,, I 1 TEXAS :IMPORT/EX T ' 7-PI"w+Ge:aIT..:.kn■d..•inw aremm •r?wsx .. . ml 292� ACRES' OF LAND W PIPEJNE R O W.' IS SUBJECT TO LocAMON L AND OUT OF THE AND P EILc r-.,�SWT.naN + .. 3 ....^ I�...a...- ...,..b ftd1. P:al GEORGE B. McKINSTRY LEAGUE,A-47 Ri, ocAnoN rwz1IIN a D-�IDarry Err. ! r, �,■s,�-.,�, . P,� , ' N�ILLIAM F;'. HARRIS "SURVEY A-30 . NOT= FOR STUDY AND PLANNING USE ONLY, 'NO WARP,AP Ty , ' This General Plan of Texas Import / Export is also t t t I AS TO THE A S MADE subject to the Tema and Provisions 'Of'a Special conditional JOHNPON, HUNTER SURVEY� -A-W ACCURACY OF THE INFORMATION CONTAIP©�rrgy U.se Permit and o Development Agrew^nent This General Plan ! : SAID NED :FROM -MAPS. A GRAPHIC COMPILATION OF DATUM and the Special Conational Use Permit are lEtcnbtts to the ° CRY OF ' OBTAINED :FROM MAPS, SUR1F1fs, AND OTHER DOCUM�115 PROVIDED ENGINEER. ROBERT T. DEDEN SERVICES I A P�RTE, HARRIS COUNTY. 1 t S � ., ..T0 NORTHRUP ASATES, INC Development Agreement 9328 WESTVIEW DR. SUITE 300. , ` - Note:' Section ,.One is shown to indlude fi9e relocation' of- o i + - --. - - .- rt oris' of e : _ 'P xi ... I - s_Inc Powell R � •III Road to allow''cons�ecessn, (OWNER /DEVELOPER :NOR2=1�R•�;�P �cc++t'I ` of :RciF .Access and Buldina. Phasina mOv to necessary 7,,} 7('i !„� S �. �C. r�,r` ;sr1 ldOFi7HRUP, #o: ;�. AICP ` . `void ,delo incurred 3n the•abantlonmen ;S•'CUART hA'YNSWOR- ^` '"�°'''"'"` '° : ec.c ' ' ^' • ilo �^�-° �' men _ !.rim LAND . aal : : y ?. � y :re .. . -;a .. M 5 WALKER AVE ULI %3 7ui ip Lt�i !' wg iI " - • 05/28/2004 10:29 � �� c � cuuy gnu 71322782fgW u� • t rn HAYNSWORTH FAX NO. PAGE 01 P. 02 CIT' OF LA FORTE APPLICATION FOR -SPECIAL CONDITIONAL USE PERMIT �� ••. ,• AppU do No::. -� l - Xa. Date Retelvcd; 1Z`tr =o y : Receipt No.: Z Certified: Plana. Sd6mitted:: an � . � � � � ; � () Nliaor Deveiopcatent Site Plan: () 11�iajor, Dr►elopment Site Plan .• f) Preliminary Plat. ' penva Making Request:, _`��"� /4�S'd1�0l�i+'' M:iftj Addrus: - : .c9/s U14411hes- , City/state; T"'D'rt1 9i 3 • S'zi 17 P6oae: BUSIMS. NA14':. pl:kyF CF/., ; 8 2 'w //-J", T. X a PROPERTY ADR, SS: W'�` �'r X/ar sll i clG 7'0 .1✓��i� LEGALDFSCAIP7'ION: 710 � Ir C�,B� ZONE; . -SIC USE CATEG►ORiI: TYPE Off' BUSIl�ES3:. Lup� Z, y lam, Ate y .LOd •fit ' O 'OR ORTZEp AGENT NOV P & Z Pablc Seaciug:. Recommendation: Y' or N , Date of Cary Couueu NeetMg: Approved: Y or N -This app]3catioei• is .Approved. () Denied ( ) Permit No, CLf' J08 . (It Assigaed Yet) ° '..iiA►T Z06NMNG AI)MMSTRATOR Stuart H Arronr v AT IAVv 81 13 ww4Raa, euiTR 1493 HOUSTON. TEXAS 77002 • ' 01Mr1CQ- 71W227-0257 ' . • . FAX 713/2278280 . R¢810ENCE. 713/8224f606 . 28. May 2004 . RE: APPLICATION FOR SPECIAL CONDITZ64AL USE'PERMIT . SUBMITTED BY LA FORTE 81, 82- & 115, LT]?'. 0, N 'MAY .28, 2.004. ISSUES TO ;BE ADDRESSED WITH'•PLANNING ..,AND. • ZONING COMMISSION- ' '1tequest far initial Building Permit for"•.8 ;l=A Phase of the `SCUP being eight Acres contiguous' to, the -UP .RR. 2. Request that requested conveyances'of.land for.•streets, :not be 'required until -respective subsequent' bui:ldi.ng permits are -'granted -in those 'respective 'axeas... •3. Request that' any payment requegted..for 'a traffid•. study not be required since the 'state . has undertaken • tho construct' ion of an -overpass .at Fairmont Park -way. -and PpQell "Road,'' or in the alternative' that any payment • for' ' •tha-t �urp�ose •fie .made' only if. a. building p'ermi.t is granted for any area east. of Powell' Road',,and an agreement' with .the city is''.re'achsd concerning- ec" gnomic', benefit and need .for the study. .. ..A.. Agreement.bn location of needed drainage detention re- ' serves'taking into•account.exiating drai:nage•projeets•,and planned. detention. locations sudh as nearby owners.": laud in ' the • .. • '• •flood plain. • ' • .. .. • For attachment 'to. SCUP applici atibn ' ZO 3E)Vd H12i0MSNAVH 009Z8LZZEIL OE:Zi 000Z/8Z/G0 Texas Import/Export Project Meeting Notes June 9, 2004 Phases: 1. ' 8-acre'rail site with access to 16d' Street 2. 1" warehouse 3.. 2"d warehouse 4. 3`d warehouse . Agree: 1. SCUP - New 2. Development Agreement - Amend 3. 292 Acres - Presented; development in multiple phases 4. 8 Acres — First Phase - Rail yard acreage required, minimum 60ft. of access that connects to 16d' Street. 5. General plan remains the same, any changes would require SCUP amendment - full process- allow shifting of roads and drainage without amendments handled through platting with approval of County and City meeting both specifications for curves, widths, alignments, etc. - P & Z determines if "shifting" or "change," but roads dedicated first, and by plat if possible before permits issued. Issues to be Resolved: 1. _16d' Street improved minimum distance of phase 1 (8 acre rail yard's/access width — 60' to 100') 2. Improvement of 16d' up to phase 2 only connects to Fairmont. At phase 4 (3`d warehouse) develop 10h,St. up to SH.146 across from Wharton Weems. - 3. How plat, but not improve roads? 4. County needs to be included and agree to phasing and street plan: 5. $50,000 not paid until city justifies need. Not duplicate studies for state, county, other entities 6. How much needs to be platted? Can we have "master" plat amended or replatted = Problems: Loan to purchasers, noticing and required improvements FROM Northrup Associates Inc PHONE NO. 713 463 5039 Jun. 10 2004 01:43PM P2 NORTHRUP ASSOCIATES, INC. LAND PLANNING • ENVIRONMENTAL • REAL ESTATE CONSULTANTS June 10, 2004 Mr... Wayne J. Sabo City of La Porte 604 West Fairmont Parkway LaPorte, Texas 77571 Fax TransmittaUMaH Original Re: - Texas Import -Export Park, Reconsideration of SCUP; .Pending Planning Commission Action Dear Mr. Sabo: On behalf of the owners of the subject project, this is to request that the Planning Commission of the City of La Porte table action on the pending request for reconsideration and revision of the Subject SCUP until its July meeting.: Additionally, this is also to requcst.that a workshop be scheduled on this project to apprize Commission of the current status of the project, and'to obtain their input as to the options of the owners and conditions of the new SCUP prior to moving forward. - Our recent meeting with city staff was very productive in the opinion of all -of my client group- It also gave, me the opportunity to better understand. the current situation as I have not been directly involved since the original SCUP was finalized and approved.. - This will also give the client, Mr. Haynsworth, the opportunity to clarify:cdrtain development issues with the pending purchasers. As -I mentioned yesterday, I will be out of town from Thursday, June 17 until late Monday, June -28. In my absence,. should you need to reach me, please contact my office manager, Betsy Aniola. Again, your candor and that of Mr. Finan was appreciated.. Maintaining a development agreement and valid SCUP is essential in the marketing and development of this project. Sincerely,. Tom R• Northrup, AICP President 9328 Westview Drive, Suite 100, Houston, Texas 77055 Telephone: 713/461-3489 Fax: 713/463-5039 Special Conditional Use Permit #SCU04-011 Planning and Zoning Commission June 17, 2004 Location of Proposed Change 2000 Block of Powell Road South 16` Street Legal Description of Proposed Zoning Geo B. McKinstry, A-47; W.P. Harris Survey, A- 30; Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas Applicant Stuart Ha nsworth Present Zoning Planned Unit Development UD Acreage Approx. 292 acres Surrounding Zoning Planned Unit Development (PUD) and Light Industrial Land Use a Industrial/Commercial Activity Proposed Industrial/Commercial/Retail Summary (Interim Staff Report): • . The applicant is requesting a Special Conditional Use Permit (SCUP) for developing an, industrial park containing rail operations, warehousing, industrial and commercial uses. • -This request was initially approved as SCU# 98-001 with one extension; and again as SCU#02-002 with one extension. The first SCUP expired for lack of activity and the latter will expire on June 20, 2004. • Staff received a detailed sketch plan on May 28, 2004. Plan did not qualify as a certified Site Plan. A post - review letter was sent to the applicants on June 3, 2004. • Staff conducted a coordination meeting on June 9, 2004, to outline existing issues. • The applicant takes issue with the current Developer's Agreement passed under SCU#02-002 to wit: ➢ - He requests a building permit for Phase I of the current SCUP that being 8 acres contiguous to the UPRR. ➢ . He requests that conveyance of land for streets not be required until respective subsequent building . permits are granted in those respective areas. ➢ . Requests that any payment for traffic study not be required since the County has undertaken the construction of an overpass over the UPRR, or in the alternative, that any payment for that purpose be made only if a building permit is granted for. any area east of Powell Road, and an agreement with the .City is reached concerning economic benefit and need for the study.. ➢ Agreement on location of needed drainage detention reserves taking into account existing drainage projects and planned detention locations such as nearby owner's land in the flood plan. ➢ . Other issues as outlined at the June 9, 2004, coordination meeting are in the attached Memorandum for Record. Discussion: The Commission must review several considerations: • The applicant requests that streets not be dedicated until building permits are issued. Street dedication is normally accomplished at time of platting and, in some circumstances, using a formal dedication instrument. Waiting for the time of issuing a building permit, the process is beyond the dedication phase and very late in the process for planning such dedications. Since this is a phased development, coordination must be made as .to when to dedicate the Right's -of —Way and when to construct the actual improvements. A key concern is directing truck traffic away from Fairmont and towards S.H. 146 via Powell Road. A key component of this is to dedicate land for re -directing Powell Road and improve Powell Road to County standards when mandated by traffic generated by development. • To date, the City Staff can confirm that all of the street and alley Rights -of -Way east of Powell Road have been closed. We are researching the closures west of Powell Road to confirm similar actions. • The exact location of an Exxon Drill site in relation to planned drainage detention reserves needs to be verified. • Article VI of the Developer's Agreement outlines a possible time schedule. The applicant seeks to present a schedule, perhaps into a number of phases. The counter proposal was not received in time to adequately review. Should the applicant seek to begin construction of Phase I, the issue of a certified site plan still needs to be addressed. The plan must be approved prior to issuing a permit. Such a plan, fulfilling City of La Porte's requirements, has not been received • The applicant takes issue with contributing $50,000 to the City of LaPorte. The overpass is no longer the issue, however, there are many possible issues/impacts of the proposed facility. Other engineered traffic studies may Q_ r Special Conditional Use Permit #SCU04-011 Planning and Zoning Commission June 17, 2004 need to be funded. It is anticipated that the developer will need to fund a traffic study to satisfy TXDOT prior to linking an improved Powell Road to S.H. 146 near the Wharton Weems intersection. This project is in the TIRZ and, therefore, plans are TIRZ eligible. • Drainage will be calculated in definite terms and coordinated on a regional basis in accordance with PICK Interim Staff Report Texas Import/Export Park, Phase I June 17, 2004 Special Conditional Use Permit #04-011 Request: Special Conditional Use Permit (SCUP) #04-010, Proposed Development within a Planned Unit Development (PUD) Zone Requested BY: La Porte 81, La Porte 82, La Porte 115, Ltd., by Stuart Haynsworth, General Partner Requested For: Approximately 292 acre tract in the Geo B. McKinstry, A47; 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 development to be located in an area south of Fairmont Parkway between the existing Union Pacific Railroad 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 Agreement., Only Stuart Haynsworth, General Partner of La Porte 81 Ltd.; 82 Ltd., and 115 Ltd. executed the agreement. Daetwyler Enterprises (now CDM Enterprises) did not execute the 'Development Agreement. On. April 27, 2000, the Commission granted 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# 98-01 less Daetwyler (now owned by CDM) properties. of l SCU04-011 June 17, 2004 Page 2 of 5 , 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. A one year extension was subsequently granted in June 2003 which will expire June 20, 2004. Analysis' Section 106-216 of the Code of Ordinances, and the approved SCUP both define a one-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. Since approval of the extension on SCUP#02-002, no construction occurred at the site. The applicant stated that unforeseen reasons delayed the project, but the applicant expressed 'interest in. developing the site. Since another extension on the present SCUP is not allowed, this request represents a new submittal. On May 28, 2004, Staff received a detailed sketch . plan for Phase I construction. There are no ' notable changes- in the development conditions that. would affect the subject , property. All -� infrastructure requirements are the same as they were when this project received initial approval. While this development shows some forward progress, Mr. Haynsworth has expressed concerns that present conditions have mandated changes to the Developer's Agreement associated with this SCUP. The present Agreement is summarized as follows; applicant's current, requested changes or concerns as they apply to the Articles are in bol0talicized print: Exhibit "A" Developer's Agreement: o Article II General Plan (GP) and Land Use — The GP contains general information regarding the development of the entire 292-acre site. The Plan's significant features include contemplated land uses, open space and storm water detention areas, landscape and buffer areas and roadway network. Article II also addresses additional land use restrictions. • Article III Restrictive Covenants — Restrictive covenants are in 'draft form for this phase of the development. Future stages of this PUD development will require finalizing and recording covenants with subdivision plats. Significant components of the covenants will be discussed later. SCU04-011 June 17, 2004 Page 3 of 5 The applicant requests that any conveyances of land for streets not be required until respective subsequent building permits are granted in those respective areas • Article V Open. SpacelTrail, Buffering and Beautification — In this project, the open space and trail as identified are both consistent with the City's Comprehensive Plan. The General Plan shows the relationship of these features and also demonstrates how the trail system, open space area, and the stormwater detention system are interrelated. This Article provides an option where the City may elect to accept these facilities depending on the final design. Buffering and beautification is also addressed under Article V.. As shown on the GP, a 100' wide landscape buffer is provided along the west side of Powell Road. A 50' wide landscape buffer is provided along SH146. In addition, landscaping will be provided within building. setback areas. and easements throughout the project. Signage is part of this Article, but is more specifically defined in the. Restrictive Covenants. Staff is requesting that a consistent theme and design be used for all signs within this development. • Article VI Schedule — The schedule identifies the infrastructure components that will be needed for Phase I. As additional phases are proposed, staff will review the infrastructure schedule to ensure that adequate facilities -are being constructed to serve the. needs of this project. The applicant wishes to proceed with a building permit for 8 acres of Phase I of the present SCUP, that being the 8 contiguous acres to the UPRR. • Article VIH - Traffic Control. Plan — Truck traffic is typically associated with this type of commercial and industrial development. In an attempt to reasonably control truck traffic, a separate plan is written to further define how truck traffic will be handled. This agreement contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. The use of signs, driveway design, routing plans, and individual driver instruction will be used to implement these provisions. This Article also addresses driveway access. Staff and the, developer have attempted to limit the installation of driveways within this project by implementing shared - access and cross -access easements. More specific review of this will occur during site plan and plat review as subsequent phases develop. The ultimate total number of drives along the SH 146 feeder road is limited to 18. This assumes that some of the larger tracts will require at least two drives, while some smaller tracts may not require any drives and will utilize a shared access. SCU04-0I 1 June 11, 2004 Page 4 of 5 Paragraph 8.4 recognizes the profound benefits of a grade separation between Fairmont Parkway and the Union Pacific Railroad (Overpass). The developer agreed. to contribute $50,000 towards a preliminary engineering study. (This is the first step in getting the overpass in place.) A thorough preliminary engineering study costs approximately $70,000. (NOTE: Since the approval of SCUP 98- 01, Harris County agreed to fund the construction of this overpass. The Commission may want to take other action(s). This could include creating an agreement with the owner to dedicate the southern extension of Powell Road south once. abandonment and construction. issues have been resolved .between Harris County,. City of La Porte and Owner -Developer.) The applicant requests that any payment for a traffic study not be required since the County has undertaken the construction of an overpass over UPRR at Fairmont parkway and Powell Road, or in the alternative, that any payment for that purpose be made only if a building permit is granted for any area east of Powell Road, and an agreement with the City is reached concerning economic benefit and need for the study • Article IX Site Rail Traffic — The ' developer is committed to managing on -site rail activities' to establish efficient 'rail car movements that may decrease conflicts at Fairmont Parkway. Also, the maximum number of rail .lines is established at 22 and no rail lines will cross Powell Road. Article X Utilities, Drainage — Staff and the developer agreed that the water system needs to deliver between 4,000 and 6,000 gallons per minute to provide suitable fire protection. This may be accomplished by tapping into the City's existing 16-inch water line on the east side of S11146. Sanitary sewer service can be provided -via the City's existing trunk sewer main in the K Street right-of-way just south of Fairmont Parkway. Stormwater facilities will be designed in accordance with City and HCFCD requirements. ,Design of stormwater detention basins will accommodate features of the Open Space/Trail System. The applicant wishes an agreement on location of needed drainage detention reserves taking into account existing drainage projects and planned detention locations such as nearby owner's land in theJlood plain. SCU04-011 June 17, 2004 Page 5 of 5 Exhibit "B" SCUP #02-002 and General Plan. • Copy of the SCUP and General Plan due to expire on June 20, 2004. Discussion: The Commission must review several considerations: • The applicant requests that streets not be dedicated until building permits are issued. Street dedication is normally accomplished at time of platting and, in some circumstances, using a formal dedication instrument. Waiting for the time of issuing a building permit, the process is beyond the dedication phase and very late in the process for planning such dedications: Since this is a phased development, coordination must be - made as to when to dedicate the Right's -of —Way and when to construct the actual improvements. A key concern is directing truck traffic away from Fairmont and towards S.H. 146 via Powell Road. A key component of this is to dedicate land for re -directing Powell Road and improve Powell Road to County standards when mandated by traffic generated by development. • To date, the City Staff can confirm that all of the street and alley Rights -of -Way east of Powell Road have been closed. We are researching the closures west of Powell Road to confirm similar actions. • The exact location of an Exxon Drill site in relation to planned drainage detention reserves needs to be verified. • Article VI of the Developer's Agreement outlines a possible time schedule. The applicant seeks to present a schedule, perhaps into a number of phases. The counter proposal was not received in time to adequately review. Should the applicant seek to begin construction of Phase I, the issue of a certified site plan still needs- to be addressed. The plan must be approved prior to issuing a permit. - Such a plan, fulfilling City of La Porte's requirements, has not been received • The applicant takes issue with contributing $50,000 to the City of La Porte. The overpass is no longer the issue, however, there are many possible issues/impacts of the proposed facility. . Other engineered traffic studies may need to be funded. It is anticipated that the developer will need to fund a traffic study to- satisfy TXDOT prior to linking an improved Powell Road to S.H. 146 near the Wharton Weems intersection. This project is in the TIRZ and, therefore, plans'are TIRZ eligible. • Drainage will be calculated in definite terms and coordinated on a regional basis in accordance with PICK DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between .La Porte 81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner and attorney in. fact respectively; and their. Successors and Assigns. (Owner -Developer)- and CITY OF LA PORTE., TEXAS, a Texas Municipal Corporation (°City') on the 10th day of June, 2002. Recitals Owner -Developer has proposed development of an approximate 292-acre tract. in the City of La Porte, as the Texas Import -Export Park, which is referred to as the Tract.and defined hereinafter in Article I. Owner -Developer plans to develop the Tract, presently zoned PUD, for multifamily, residential, retail, commercial, business. park with some industrial uses. Owner -Developer shall construct municipal utilities, including streets, a water distribution - system; wastewater collection system, and . the storm drainage/detention system that.will connect with the existing City of La Porte and other .regional systems in accordance with development regulations and policies of the City and Harris County Flood Control District. The City has required, and Owner -Developer has agreed, that the tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, :and benefits contained herein, the. City and Owner -Developer agree -as follows:. ARTICLE I. - DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words. as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. General .Plan means the plan for the physical development and use of -the Tract as . defined herein and approved by the City on May 16, 2002,- or as amended as allowed herein. Owner -Developer means La Porte .81, La Porte 82, La Porte 115, Ltd. Partnerships or their assigns .or succeeding developers. TIEP 2002 Development Agreement-Final.doc Page 1 of Tract means the approximate 292 acres of land to be developed by Owner -Developer as described in Exhibit A. 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated .herein: Exhibit A - Special Conditional Use Permit (SCUP) Exhibit B - Metes and Bounds Description of the Tract(s) Exhibit. C.- General Plan,. Noting Proposed Section One Boundary and Uses Exhibit D - Land Use Exceptions Exhibit E - Draft Declaration of Restrictive Covenants.for Texas Import' Export Park applicable to all.construction and uses. Exhibit F - Open Space / Trail System - Cross -Section Exhibit G - Traffic Control Plan Exhibit H - Harris County Major Thoroughfare Standards ARTICLE.II. ' GENERAL PLAN AND LAND USE 2.1 General .Plan. and. Land Use. Owner -Developer shall develop the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land Use Restrictions are provided for in paragraph 2.3. 2.2 Amendments. The City . acknowledges and Developer . represents that. ' Developer's- intent is to develop the Tract as a predominantly commercial ° PUD- development," with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below.. Developer or Developers successors shall provide appropriate amenities and support facilities as set forth - on the General Plan, which . is attached .to this, Agreement. ' City acknowledges that' Developer .intends to develop .the Tract in phases; -and that all development shall be consistent with -the . .Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should. Developer determine that the ' General Plan needs to be amended, Developer shall bmi"n-application-for-amendmen-t-of-the-S-pecial-Eanditional-Use-Perrn- it—whie"aid application " shall be processed consistent. with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time...Amendments to the General Plan, the .Special Conditional Use Permit, and/or this Agreement shall be in writing. MEP 2002 Development Agreement-Final.doc Page 2 of 9 . 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established policies, and further agrees that land uses ' shall be further restricted according to "Exhibit D ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner -Developer has developed - Draft Declaration of Restrictive Covenants Jor Texas Import -Export Park, which are attached to this Agreement 'as Exhibit "E". These. protective.. covenants and deed restrictions. will apply. to and be binding , upon the Tract, and shall be in form substantially similar to Exhibit °E". The covenants and deed restrictions._ shall be - approved by the .City and shall be recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term.. This Agreement shall. have a term commencing on the date.first written above, and continuing until the sooner to occur of (i) the date in which all portions of the Tract have been platted and developed. (with construction of all streets - and ' utilities on the Tract as reflected by the plats completed or installed and financed by the Owner - Developer). Failure of Owner -Developer to begin construction in accordance with the Special Conditional Use Permit within one year after. issuance of said permit, or as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner -Developer may, before the .expiration of one year, request an extension of time from 'the Planning and Zoning Commission, in the event that construction has .not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.A Open - Space/Pedestrian Trail System. The Owner -Developer shall provide common open space .as shown in Comprehensive Plari and the General Plan, including any ' required portion of . planned City trail system - within the - project. This. will be incorporated within the shown' drainage. easement and detention pond/drainage system, the cross-section details of which are further illustrated on the attached Exhibit F. It is recognized that, until. the final design of -the detention pond/drainage system. is final design is approved the City will evaluate the potential for use- of these areas as public recreation amenities." At that time. and with mutual consent, the City may elect to accept these facilities either in easement or fee. .The initial development, of the detention. pond/drainage system TIEP 2002 Development Agreement-Final.doc Page 3 of 9 and perimeter landscaping of these facilities shall be the responsibility of the Owner - Developer. The responsibility of ongoing maintenance of these facilities- shall also be determined after reviewing the final design. 5.2 Buffering and Beautifcation. The Owner -Developer shall implement a uniform' and/or compatible landscape plan for, all phases of the entire project that will address landscaping provisions not only adjacent to Wharton,Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or resery roug out. A Landscape B -feet wide shall be provided along the west side of Powell R a an shall include extensive screening -type vegetation with grassed berms within the existing pipeline easement. A landscape buffer. 50' wide I also be provided along State Hia��andscape reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen; shall be landscaping compatible with the ultimate use of that adjacent property. 5.3 Signage. The Owner -Developer, shall implement -a" sign standards policy, as part of the Declaration of Restrictive Covenants (Exhibit "E") consistent with the.City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the_ project. This policy - will include uniform " and/or compatible project identification. _ monuments, business signage, street and other traffic directional devices conforming to the Tract's traffic control plan and deed restrictions. 5.4 ' . Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions,and landscape plan. The maintenance. of the buffers, reserves : and easements 'will be , the responsibility of the contiguous property .owners pursuant to provisions of the deed restrictions, enforced by the.POA. The Open. Space/Pedestrian Trail System shall be constructed within or adjacent to the drainage -easement and detention pond/.drainage system as dictated by the final detention design. Ownership and maintenance of the Open - Space/Pedestrian Trail System and drainage/detention .pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI.. SCHEDULE 6.1 Schedule. The Owner -Developer shall establish a specific schedule for the development of and construction improvements on -the Tract with the end .user(s). However, in Ileu of and as the basis of a detailed scheduee—the --- f 1Io0rsg-wc-rl . . program is anticipated: . - Initiation of complete engineering study, including drainage and preliminary infrastructure design. Detailed engineering design for Phase One, being all or substantial part of area identified herein as Section One. This would include rail connection to main line and TIEP 2002 Development Agreement-Final.doc Page 4 of 9 J ' a minimum spur connection to first building anticipated, water and sanitary sewer service initial drainage and detention to accommodate Phase One and the paving of Wharton Weems Blvd. and portions of Powell Road west of State Highway 146.* • -Initiation of procedure to abandon and relocate portions of Powell Road, south of the project of Wharton Weems Blvd.; • Platting site plan, and detailed engineering plan review by the City of La Porte and others • Initiation of construction pursuant to item 6.1(b) above, identified 'as Phase One • Continuation. of remainder of development as rapidly as market demands. ARTICLE VI1. FIRE PROTECTION, - HAZARDOUS MATERIALS & SAFETY- 7.1 Fire Protection. The Owner -Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.2 Hazardous Materials. The Owner -Developer agrees no hazardous materials as identified in state and federal standards .(NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the.POA in concert.with the City. 7.3 - Safety. The Owner =Developer shall formulate 'a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of.a building permit. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control -Plan. The Owner -Developer shall establish - a Traffic Control Plan for the entire project to regulate to the extent practical project' -generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan (shown on the. attached Exhibit G) will include. designated truck routes to and frorrl.' the site, segregation of automobile traffic,'' limitation of access from public streets (driveways) and utilization of common cross easements between tracts,for internal'circulation. 8.2 Truck Traffic. This controlled traffic will. be directed. to State Highway 146 via Powell.Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to Harris County Major Thoroughfare Standards (Exhibit "H") in Phase I development as - shown on Exhibit "C" - General Plan. Project driveways will be.constructed to induce proper directional movement to preempt to the extent practical northbound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner -Developer shall employ routing plans, driver instruction, and other controls as . necessary to obtain compliance of carriers, employees, and regular contractors or 8.3 Driveway Access.. The Owner -Developer shall establish driveway access controls that shall be controlled through restrictive covenants,architectural controls and City Site Plan review. This will include conditions and design. standards consistent as to TIEP 2002 Development Agreement-Final.doc Page 5 of 9 size, but fewer in number as established in TxDOT Driveway Manual and the City Zoning Code (106-835) pursuant to specific site plan review. Unless otherwise approved during review of preliminary and final plats, driveways along SH146 entering this Tract shall be limited. to a total of eighteen (18), but in all cases, *each individual reserve with frontage on SH146 shall have at least one opening. Provision shall be made, where practical, for • internal cross -access easements to -maximize ingress, egress and circulation to"minimize congestion on public rights -of -way and to encourage traffic to. be directed to Wharton Weems Blvd. interchange. 8.3 Fairmont Parkway. The Developer shall continue to work with the City, Port of Houston Authority, Harris County and the other public • and private sector interests to implement early construction of a grade separation at Fairmont Parkway.. On or before the expiration of one calendar year from the date of this Agreement, Developer. shall provide to City through sales contract negotiations or otherwise. $50,000.00 "seed moneys" for the engineering design of said grade separation. City shall, at City's . expense provide the remainder of.said"seed moneys" to insure the completion of the engineering design of said grade separation.. ARTICLE IX. 'SITE RAIL .TRAFFIC 9.1 Site Rail Traffic. The Owner -Developer will continue to work with City and Developer rail consultants, as evidence of the commitment- to the .City to improve rail efficiency in the area, reduce conflicts of Fairmont Parkway, ' and potentially decrease current rail impacts.- On -site rail facilities and operations shall- be controlled by Owner - Developer in order to maximize rail efficiency and minimize peak hour conflicts with vehicular .traffic at Fairmont Parkway. Owner - Developer agrees and acknowledges the rail yard as depicted on the General Plan shall be limited to a maximum of 22.-rail lines and that no rail lines or sidings will extend to the east side of Powell Road. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner -Developer shall design and construct adequate water, wastewater, and - drainage facilities to serve each . phase of this project in accordance with. City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system that would deliver 4-6;000 gallons per minute necessary for sprinklered fire protection with a loop connection to the 16" main on the east side. of S.H. 146 and a gravity wastewater disposal system that flows into.a 60" trunk line •on "K" street south of.Fairmont Parkway. 'The Developer will provide a drainage. study for the Tract. The study and design'. of drainage improvements shall meet the requirements and approval of the City and my Flood G6ntrol DiStFiCt. Owne DevelopeOS represeel-to-meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans .and specifications for public improvements. TIEP 2002 Development Agreement-Final.doc Page 6 of 9 4 ARTICLE XI. BUILDING LINES 11.1 Building Lines. The Owner -Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City Code of Ordinances. Within the industrial area west of Powell Road there will be a landscaped 100-foot buffer and building line along Powell Road. Similarly, along State Highway 146, .a 50-foot landscape buffer and building line shall be maintained. These respective 100 'and.50. feet landscape buffers shall be .kept free from all other uses with the .exception_ of signage, approved drives and entrances. Owner -Developer agrees that other building lines will be either equal to or greater than that required by ordinance for the zoning use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XII. MISCELLANEOUS 12.1 Sale of Tract; Assignability. Any contract by Owner -Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether- ' one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer -shall recite and incorporate this recorded Contract and exhibits -hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If. by reason of force majeure any party hereto - shall be . rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall"give notice and full particulars of such. force majeure in writing to.the party within a reasonable. time after occurrence of the event or cause relied on,' the- obligation,of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during 'the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such. inability .with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts -of God,- strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind ' of the Government of the United States, or any. civil or military authority, insurrection, - riots, epidemics, landslides, lightning,. earthquake, fires, hurricanes, storms, floods,. washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial.. or entire failure of water supply resulting in an. inability to provide water necessary for - operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner -Developer under any set of circumstances prior to commencement of construction on the Tract. -2-3—Law Governing. T Is Contract—sMall-I-e governed-bythe laws ofi-t a State off . Texas " and no lawsuit shall be prosecuted on this Contract except in a federal or -.state court of cnmpetent iurisdiction- 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party. hereto of any term, covenant, condition, or liability hereunder, -or the. performance by any party of any duty or obligation hereunder, shall be deemed or TIEP 2002 Development Agreement-Final.doc Page 7 of 9 construed to be a waiver of subsequent breaches or defaults of any kind, under.any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, -reply, or advice (herein severally and collectively, _for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed. to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this -Contract, from and after the expiration of three (3) days after its is deposited. Notice given in any such other than the manner shall be effective when received by the party -to be- notified. For the purpose of notice, addresses of the parties . shall, until changed as hereinafter provided, be as follows: If to the City, to: City of La Porte Attn: City Manager P.O. Box 1115. La Porte, Texas 77572-1115 If to Owner/Developer,..to: La Porte 81, Ltd. La Porte 82., 'Ltd. La Porte 115, Ltd. c/o Stuart Haynsworth, General Partner 815 Walker,Suite"1436 Houston, Texas 77002 The parties shall. have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written. notice to the other: 12.6 Merger -and Modifications.' - This Contract, including the exhibits that. are attached hereto and incorporated herein for all. purposes, embodies the entire agreement between the parties relative to the subject. matter thereof. This Contract shall be subject to change or modification only with the mutual.. 'written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner - Developer and shall not be construed to confer any benefit on any other person. except as expressly provided for herein. 12.8' Attorney's Fees. In the event -of any litigation between the parties with respect, to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner -Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or. by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or.representatives, have under any law. TIEP 2002 Development Agreement-Final.doc Page 8 of 9 y 12.10 One -Party Breach. Any breach.of this agreement by one party identified and referred to herein as Owner -Developer. shall not -be or constitute a breach of -this agreement by the other party of Owner -Developer. 12.11 Covenant Running With the Land. The obligations imposed on Owner - Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners.thereof. Signed, this the day of , 2002. OWNER -DEVELOPER La Porte 81, Ltd. . La Porte 82, Ltd. La Porte 115, Ltd. By: Stuart Haynsworth, General Partner Date: CITY OF LA PORTE, TEXAS By: Robert T. Herrera, City Manager Date: ATTEST: Martha Gillett, City Secretary ' John D: Armstrong, Assistant City -Attorney TIEP 2002 Development Agreement-Final.doc Page 9 of 9 • Exhibit'A City of La Porte Special Conditional .Use Permit #SCU 02-002 Thispermit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd. (Texas Limited Partnership) Stuart Haynsworth General Partner Owner or Agent 815 Walker, Suite* 1435 Houston, Texas 77002 Address For development of: A 292 acre Planned Unit Development known as Texas Import/Export Park, a mixed use development further defined by a General Plan Prepared by Northrup Associates Inc The Planned Unit Development' is further defined by a Development Agreement between the Owner/Agent listed above and the City. of La Porte This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement Development Name - Legal description: 292 acres of land out of the George B. McKinstry League, A-47: more particularly described by "Exhibit B" - Development Agreement Zoning: The zoning for the tract is Planned Unit Development- The permitted land uses for this Planned Unit Development are generally depicted on "Exhibit A" - General Plan of Texas import/Exnort Park. These permitted land -uses are more specifically defined and/or restricted by conditions established in'the Development Agreement.' 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 ordinances 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 rAH1 ; , be rescinded b the City Count upon its own motion or upon the recommendation of the Planning r Y Y P P 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 K. Kneupper, P.E. Martha Gillett Director of Planning City Secretary