HomeMy WebLinkAboutO-2015-3597 SCUP#15-91000004;establish use and development requirements for Port Crossing Business Park 2015-3597
ORDINANCE NO. `7
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 15-91000004 FOR THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF ESTABLISHING USE AND
DEVELOPMENT REQUIREMENTS FOR BUSINESS PARK; FOR MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit#15-91000004, attached hereto as Exhibit A and incorporated by
reference for all purposes, and in order to specify land uses and other various development
requirements for an approximately 300 acre business park generally west of the intersection of State
Highway 146 and south of West M Street, including all property included in the Final Plat of Port
Crossing(a subdivision of 286.7 acres of land out of the WP Harris Survey Abstract No. 30,J Hunter
Survey Abstract No. 35, G. McKinstry Survey Abstract No 47); and Reserve A, Block 1, Port
Crossing Section 1; and Reserve A, Boncosky Trucking Terminal, within a Planned Unit
Development(PUD)zoning district and a Light Industrial(LI)zoning district.
Section 2. All ordinances or parts of ordinances that are inconsistent with the terms of this
ordinance, including specifically Ordinance#2006-1501-H5 and Special Conditional Use Permit
06-006 as adopted thereby, are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour,place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed,considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance of the goals and objectives stated in the City
of La Porte's Comprehensive Plan.
Section 7. This ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the 24th day of AUGUST, 2015.
CI A PORTE, TEXAS
By:
Uouis R.
A ST: RVy,
Mayor
Patrice Fogarty, C' ecret
APPROVED:
Clark Askins,Assistant City Attorney
City of La Porte
Special Conditional Use Permit#15-91000004
This permit is issued to: Port Crossing L P • Port Crossing A3 L.P.; Port Crossing A4 L.P.; Port
Crossing BS L.P.
Owner or Agent
3330 S Sam Houston Parkway E • Houston Texas 77047
Address
For Development o£ Port Crossing Business Park: Approximately 300 acre mixed use
development(formerly Texas Import Export)
Development Name
Legal Description: 300 acres of land out of the George B.McKinstry League,A 47; William
Harris Survey A-30• Johnson Hunter Survey, A-35; and more
particularly described in the Development Agreement, as further
described in"Attachment 1"of this document
Zoning: PUD Planned Unit Development
Permit Conditions:
This Special Conditional Use Permit is applicable for the subject property.A copy of which shall be maintained
in the files of the City's Planning and Development Department upon approval.Project development shall be in
accordance with the following conditions:
1. This Special Conditional Use Permit-(SCUP)would be applicable to specific development
anticipated or proposed by the General Plan.
2. Uses are as described in the Land Use Exceptions(Exhibit C of the Amended Development
Agreement).
3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development of the private or public
improvements anticipated by this SCUP and the General Plan shall require further submittal and
approval of plats,site plans,construction drawings, and building plans,etc. In addition,this
SCUP supersedes SCUP#06-006.
4. This SCUP,the General Plan,Restrictive Covenants, and Land Use Exceptions are exhibits to
and are a part of the Amended Development Agreement.
5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan,
Development Agreement,Restrictive Covenants,and Land Use Exceptions approved by the
City of La Porte.For uses not authorized by this SCUP,approval pursuant to Section 106-216 &
106-217 of the City of La Porte Code of Ordinances,as it now exists or may be amended from
time to time, shall be required.
6. The business park identification and entry features shall remain and be maintained as
constructed unless approved by the City Council.
7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any
structure.
8. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited
within any part of the 300 acre Port Crossing business park.Any gas station that provides any
two(2)of the following:truck parking,more than one diesel dispenser for every ten(10)
gasoline dispensers,or has a canopy over the dispensers that is greater than sixteen(16)feet in
height shall also be deemed a truck stop.
9. Within reserves E,J1, and L fronting State Highway 146,warehouses are prohibited if the
warehouse has a 36 foot clear or higher space;has more than 250,000 feet of storage area;has
truck docks on more than two sides or any facing Highway 146;or contains any trailer storage
other than necessary for loading and unloading operations.Additionally, each building located
thereon must have grade-level store-front entries with windows facing Highway 146. Where
warehouses exceed 200,000 square feet in size,building articulation will be required in
accordance with Section 106-928(b)(1)a and b of the La Porte Code of Ordinances.
Additionally in the event of truck-bay parking on the north or south side any allowed building
screening shall be required to screen such trucks. Screening may consist of a masonry wall or
landscaping, or a combination thereof, at a sufficient height to screen such trucks.
10. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.To the extent there is a conflict between those laws and ordinances
and this SCUP,the SCUP controls.
11. This SCUP is binding on all owners of property included in the Legal description and their
successors and assigns.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development has been abandoned,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: _
afl A-1
dt,V�
Director of Planning and Pevelopment City Secretary
. t
Attachment 1
' SITE METES AND BOUNDS
Being azi approximate,293.8036 acre tract. in-the Town of�' LaPorte,
Texas recorded in V'olum2 '� ' ' ' _r Page •'' � Harris County
.
need Recards, out of. the W. Pve
. Harris Susy •A-30, the 'George B.
McXinstry Survey A 47,• and the Johnson- Hunter Suxvey A-35, Harris
County, Texas, and-being =we particularly described by metes and ,
bounds a's J 0110ws: .
BBGINNING at a ,point at tha northeast corer of..formerly dedicated
Black 1170 on the southern boundary of "M" Street on the western
right of way boundary-of SH 7:46 marked_ by a 1."7:117??
_ THENCE southerly 5,75[x.52 feet alongtha western right-of-way'
boundary of SH 7.46 to the northern boundary of McCabe Road;
THENCE westerly along the northern right-•of-vaay of McCabe Road
1,400'to the western Boundary of the tlui.on pacific Railroad right- ,
of-way (Save and.except the' area of the existing Powell Road_
and/or the proposed re-Located Powell Road) ;
THENCE ncrthexly ,4,328.52 feet. along the.'easte== boundary of She
Union Pacific Railroad right-of-way to a point 326.66 feet 86
59, 35" weut of the northeast corner of the-George B. McRinstry
Survey ('have and except a -6-:192 acxe tract, des.nribed as follcw5:
OUT TRACT
Being a 6.3192 acxe tract of land out Of a poxtion of
Blocks 1203 and 1204, in the Town of La Porte, recorded
in Volume 60, Page 112, Harris County Deed la Records,
out
of the George B. MaRinstry suv'ey, A,-4 7, being
particularly described byHarris ntY, Texas, d
Hunter metes and bounds asfollows."mor
BEGINNING at a point 255. 37 faet Notth of the Northerly '
tight-of-way of the formerly dedicated West Q Stx'eat;
THENCE South 024 56139" East along the Westerly right-
of-way 'of Powell. Road (60 feet wide) , i.ncludi.ng that
portion of the formerly dedicated West a Street lying
within, a distance of 300.00 feet to a 5/8 inch iron roti
set for corner; ,
THENCE South 86° 59' 35R Wast, to, the Southern Pacific
Railroad right-of-way including that pa-rt3.on of formerly
dedicated 17th Street lying within, a distance of 91.7.25
feet to a 5/8 iron rod set for carnex;
THENCE North 030 031 22" West, along the eastern boundary
of the southern Pacific Railroad right-vf-way, a distance
of 300.00 feet to a 5/8 inch iron rod found for corner?
THENCE t7orth 86° 59' 35" East, a distance of 917.84 feet
to the Point of Beginning.
-2-
THENCE easterly tc the northeast cpxaer of the MaKinstsy wuraay;
THENCE uoxth 020 56' 39" a distance of :20 'feet to a 5/5 inch XR;
THENCE easterly 860 591 35" 652.0 feet to the eastern boundary of
Powell Road (Save and except the 60- toataxea included,�.n the Fight-
of-way of said Powell Road) ;
THENCE rortherly along the eaatern boundary of Powell Road xzght-
of--way 385.0 feet to a SYS" XP)
THENCE N85o •93' 35" 765.50 feet to a point Yn Xed by a 5/9" TP;
• TIMNCE N 020 56' 39" a distance of 740 -06 fe-et to. the southern
houndary of West "M" = Street to a- 5/8" IP;
THENCE N 860:,59' '35" along the southern botunda y of West' "M" Straet
to a 1" IR on the western boundary of SH 7.46. right-of-Way. the
point 0E beginning, a distance of 823.28 •feet.
r`
METEs AHb BOtiND6 DE60RIPTION
5,000; AGRits (217,800 SgUARE FRET)
6oinc •5,000 Pare® (217,600 egkar4 teot) of lard aitaatid in the
y, Abstract 30, Rorrix.•-county, TOWN,
William P. H4YYi5 Surve
bainq out of that certain 235.2619 acre tract of 4nd conveyed to
s/c tiahagmment 41, LTD. by instrument reeorde4 pndsr rile Number
D469085 gtd film Code 138-26-2084 Of the Har ria COUritY`Officiel• •
Puhl•lc R60ords of steal Fropertyt said 8,000 sarea•'(217,8o0 aquare
feet) of 1-and being more particularly described by metex slid
bounaS db foll9xe (iii bNringa ora xelerenced to the mooumented
sautts line of said 235,2619 act* tract, acme baitt4• the north
right-of-way lisi+ of Mccib+ Rodd, basad on 80 toot in•�ridth and '
eao0rdad in Volume 972,• Page 349 %Ad in Volume; 87.2•, •Pagd 349 Of
trq larrl
s County Dead Records);
-
COMMSNCINO eb.a Texas DapartM*bt Ot TraAzporatiOn 4"x4" concrete ,
monument favltd' for tha,southeast corner of said 235.2619 mare
tract and being the interbecticn of the north rigl►t-al�4tmY line of ,
said McCab+ Rood with the wpat right-of-HAY line gestate Highway
1.46, varying in width;
THENCE S 86-03-24 W 865.59 lost, 5vith the south li-no of paled
255.2619 acre-trict, to it 5/8 inch iron rod laund for--t,ho
iAtersection of ,60 north right-of-way linC ol'Yxyd Mc b6'Raad
wit:z the wrest •right-of-wey line of a propoaad es<Eeasion.•o; Dowell
Ro+id (16th 8trest); tipped on 60 toot in width., and being the PL=
AF $301ffiivu and the ooutheaat corn+r of the haraih 4t%ooribed
tract of land;
THXNCE 9 86-03-24 14 466.47 feet, with the north right;Of-wsty line
of- said Mccabr Acid, to a S/8 inch iron trod found for the.-
sou+:hw+ct earner of sxi-d 235,2614 per@ tract and,being'the'•
8outhwe3t corner of this tract and also being the southeast corner
of an unrecorded 60-foot wide road e4sament;
THENCE N 10-04-16 W (called'N 10-•01-47 H) 444,47 Meet, With the
wo.7t line of said 235,2619 acre tract, same baitsp the a+nt' line of
said unrecorded 60-toot wide road easement, to a 316 ir(Oh tr9-1 =od
with Gap set !or the riarthwest cornsr at this t'riet.,
THENCE
N. e6-05-24 E 521.50 tact to a 5/8 ino)f Iron -Cod'with•cs.P
set for the northeapt•oornsx of tbla tract and hbiny, in'thm-WIks.t
right-of-iaay line of said proposed extan3ion of Powell Road; „
'VJrNCZ 5 02-56-39 E 449197 feet to the PLACE 0r )5n0IRHYNG and
containing 5,600 ar-roa (217,900 &quire feet) of land.
The 'eros, otatbd in acres ie aompatible with the all'a4able-
precLaion of closure tot thio purvey, The area stated �n, s.quait,.
feet is a calculated slue only, All 5*/8 inch rbdq•will case
ora mark+d "Texan La..
9urvaying", T
i r
R
'witi +s
Prter G. Wiilms
r'•.� 17y2 rK�
Be,9istera4 Pci;164sional Lend SurMapor
Taxan Regiatration No,: 1747 �•�4U �k
TeaAe Land OUrvoying, Inc.; ,.. '
F.a, Sox $825 P4e;edens Tex4e 79508
(281) A87-99aC
lob No. 101-0019 March 27, 2000