Loading...
HomeMy WebLinkAboutO-2015-3601 SCUP#15-91000005;construction of warehouse/distribution facility at southeastern corner S. 16th Street and W. M Street intersection 2015-3601 ORDINANCE NO. oZOl3 3�O 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. 15-91000005 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING A WAREHOUSE/DISTRIBUTION FACILITY AT SOUTHEAST CORNER-OF SOUTH 16" STREET AND WEST M STREET INTERSECTION; 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#15-91000005, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the construction of an approximately 240,000 square foot warehouse/distribution facility on property located at southeast corner of South 16th Street and West M Street intersection, said facility to be located on a 12.6 acre tract legally described as Tracts 113-3, Abstract 35, Johnson Hunter Survey, Town of La Porte, Harris County, Texas, within a Planned Unit Development (PUD) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 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 day of SEPTEMBER, 2015. CITY OF O TE, TEXAS By: Lo is R. Rigby, M yo AT ST: s Patrice Fogarty, Cit&ecretarV APPROVED: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit#15-91000005 This permit is issued to: Generational Commercial Properties Owner or Agent 1503 Ridgecrest Drive,Austin,TX 78746 Address For Development of: Generational C6mmercial'Properties Warehouse/Distribution Facility Shell Building Development Name Vacant parcel; located at the southeast corner of S. 10h Street and the unimproved W.M Street right-of-way Address Legal Description: 12.6 acre tract of land legally described as Tracts 113-3,Abstract 35, Johnson Hunter Survey Zoning: PUD,Planned Unit Development Use: Warehouse/Distribution 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. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning"of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 3. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under LI,as may be amended from time to time, are permitted except as limited in this SCUP.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. 4. The following uses shall not be permitted on the subject property: (a)any distilling,refining, smelting,meat,poultry or fish processing plant,agricultural or mining operation;(b)any mobile home park,trailer park, labor camp, or stockyard(except this provision shall not prohibit the temporary use of construction trailers during periods of construction or reconstruction); (c)junk yard,scrap metal yard or waste material business,sales in bulk of junk, automobile wrecking yard,salvage yard, asphalt plant, any storage, dumping disposal, incineration or reduction of hazardous waste,garbage or refuse,any fire or bankruptcy sale or auction house operation, or as an airport; (d)any mortuary or funeral home; (e)school, church or governmental office(other than a research or development or business office that does not have customers); (f)any drilling, refining, quarrying or mining operations of any kind; (g)any establishment whose primary business is the sale or rental or display of sexual materials or drug related paraphernalia or whose primary business is providing any adult only sexually oriented service or product including,but not limited to,massage parlors,topless establishments, any"adult"bookstore or "adult movie theater; (h)any flea market,bowling alley,nightclub,bar,lounge,tavern,theater, amusement park or video arcade;provided, however,that this prohibition shall not prohibit placement of video machines that are incidental to the conduct of a permitted business at the subject property;(i)any outdoor sales as a primary or accessory use;0)any outdoor storage,as defined in the Code of Ordinances,as a primary or accessory use, including any storage of shipping containers;and(k)any gaming facility or operation including,but not limited to,off- track or sports betting parlor,table games such as blackjack,keno machines or similar devices or bingo hall.Notwithstanding the foregoing,this prohibition shall not apply to any government-sponsored gaming activities or charitable gaming activities so long as such governmental or charitable activities are incidental to the business being conducted by the occupant of that portion of the subject property and do not occur regularly. 5. No use shall be permitted which(a)is offensive by reason of odor,fumes,dust, smoke,noise, vibrations,radiation,radio influence or pollution, (b)is hazardous by reason of excessive danger of fire or explosion,(c)otherwise constitutes a nuisance,(d)is dangerous or unsafe, or (e)is in violation of any city,county, state or federal law,regulation or ordinance. 6. A traffic impact analysis performed by a licensed engineer agreed to by both the City and the applicant shall be required. The study must ensure that the proposed development will not adversely impact S. 16'h Street or any of the major intersections in the vicinity. If so,any mitigation required by the study will be the responsibility of the applicant and would be based on the development's proportionate traffic impact.All contributions would be subject to reimbursement through the TIRZ,pursuant to approval by the TIRZ Board. 7. The subject property will need to be replatted in accordance with the requirements outlined in the City of La Porte's Development Ordinance,prior to the issuance of a building permit.As part of the plat,the applicant will be required to dedicate right-of-way along S. 16"'Street to make a consistent 100-foot right-of-way width. 8. The applicant shall install all of the required street trees and shrubs as part of the development as required by Section 106-800 of the city's Code of Ordinances along S. 16th Street and W.M Street. 9. Harris County driveway permits shall be presented prior to permit issuance for all driveways requested.Maximum driveway widths shall be provided in compliance with city code requirements. 10. The pavement shall remain in good,operable, dust free condition over time, and that repairs shall be made as necessary upon written notification by the city. 11. Any future change in use requires consideration of a Special Conditional Use Permit in accordance with Chapter 106,"Zoning"of the City's Code of Ordinances. Failure to start construction of the building 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 contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated,the ordinance establishing such special conditional use permit may be rescinded by the City Council,upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of LaPorte,and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: / /q c Directl of Pla ing City Secreta