HomeMy WebLinkAboutO-2002-1501-WW
,s
'.
.
ORNINANCE NO. 1501- WW
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 CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81, LTD., LA PORTE
82, LTD., AND LA PORTE 115, LTD., STUART HA YNSWORTH, GENERAL PARTNER, FOR
THE DEVELOPMENT OF AN APPROXIMATE 292-ACRE TRACT IN THE CITY OF LA
PORTE, TO BE KNOWN AS THE TEXAS IMPORT- EXPORT PARK; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; 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:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 16th day of May, 2002, at 6:00 p.m, a Public Hearing was
held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Subsequent to such public hearing, the Planning and Zoning Commission
of the City of La Porte met in regular session on the 16th day of May, 2002, at 6:00 p.m" to
consider changes in classification which were the subject of such public hearing. The City
Council of the City of La Porte is in receipt of the written recommendations of the City of La
Porte Planning and Zoning Commission, by letter dated May 21 i 2002, a true copy of which
ORDINANCE NO. 1501- W.
Page 2
.
letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof
for all purposes.,
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 10th day of June, 2002, at 6:00 p,m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land, There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the zoning
classification of the hereinafter described parcels of land, situated within the corporate limits of
the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of.
said parcels of land shall hereafter be "PUD -Planned Unit Development with a Special
Conditional Use Permit" for commercial, business park, and some rail-serviced warehouse
uses. The conditions of said Conditional Use Permit shall be that the property be formally
platted as :!::292-acre tract. Further conditions are as set forth in the Motion and
Recommendations of the Planning and Zoning Commission of the City of La Porte, and shall be
as set forth within the incorporated terms of the Special Conditional Use Permit, a true copy of
which is attached hereto as Exhibit "F". The description of said parcels of land classified
pursuant to said Special Conditional Use Permit are as follows, to-wit:
;.
ORDINANCE NO, 1501- wwe
Page 3
.
Approximately 292 acres of land out of the George B. McKinstry League, A-47; William
P. Harris Survey, A-3D; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas.
"Section 7. The City Council hereby approves and authorizes the Development
Agreement in substantially the form as shown in the document which is attached hereto as
"Exhibit G" and incorporated herein by this reference, by and between the City of La Porte and
La Porte 81, Ltd., La Porte 82, Ltd., and La Porte 115, Ltd., Stuart Haynsworth, General Partner,
for the development of an approximate 292- acre tract as herein described in the City of La
Porte, to be known as the Texas Import-Export Park. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to
all such documents.
"Section 8. 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 Map and 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 9. 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
was 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 the Open Meetings Law, Chapter 551, Texas
Government 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 10. This Ordinance shall be in effect from and after its passage and approval.
ORDINANCE NO, 1501-WW e
Page 4
e
Passed and approved this the 10th day of June, 2002.
CITY OE LA PORTE ~
By: ~. -
40RM~E' Mayor
ATTEST:
By:~()dh~ L&1LtI
MART A GILLETT, City Secretary
By:
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of May, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Pennit Request
#SCU 02-002, which has been requested for approximately ] 03 acres out of a 292 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. The property is located in the 2000 Block of Powell Road (So,
16th Street). Mr. Stuart Haynsworth, General Partner, is seeking approval of a pennit for the
development of Phase I of the project, This phase of the development will be a rail-oriented
warehouse facility capable of handling products by rail and truck. A Special Conditional Use
Pennit is required for the proposed development to be located within a Planned Unit Development
(p.UD,) Zone, per Section ]06-637 of the Code of Ordinances of the City of La Porte.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the pwpose of considering the public hearing item and to conduct other matters pertaining to the
Commission,
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting, Please contact City Secretary's
office at (28]) 471-5020 or TDD Line (281) 471-5030 for further infonnation,
EXHI81T A
In accordance e
with the provisIons of Sec-
tion 106-171 of the Code
of Ordinances of the City ,
of La Porte, and the provl- '
s10ns of the TeXas Local
Govemment Code, notice
Is hereby given that the'
La PortA Plannlna and
,vu, wUVV'I_
Haynsworth,
r, Is seek-
f a permit for
the de I ent of Phase,
I 0 iOJect . This
phase th development
will b a II. oriented,
ware use fa Ity capable'
of handling products by rail :,mdersigned authority, on this date
and truck. A Special Con- d K I K II d I h' d
'dltlonal Use Pennit Is re_are aro yn e ogg, a u y aut onze
qulred for the proposed If The Bayshore Sun, a semi-weekly
development to be located. '"
within a Planned Unit oe-Ished and geflerally distnbuted In the
velopment (P.U.O.) Zone, Harris County Texas and who
per Section .106-637 of the " ,
~e of Ordinances of the sworn, swears the attached no%e was
City of La Porte. Bayshore Sun dated 6'jtJ I ~,).-
CItizens wishing
to address the Commis.
slon pro or con during the
Public Hearing will be re-
quired to. sign In before the "ribed before me this ~ i' 7H day of /Y1 a;r
meeting IS convened. J ,
!x~,~.k ~~
Sandra E. Bumgarner '
Notary Public
Harris County, Texas
~. _.~~
THE STATE OF TEXAS 8th Street
COUNTY OF HARRIS 'exas 77571
CITY OF LA PORTE
I 'NOTICE OF PUBLIC;
HEARING .,..
A regular meet-
Ing of the Planning and
Zoning Commission will
follow the publiC hearing
for the purpose of consid-
ering the public hearing
Item and to conduct other
matters pertaining to the
Commission,
CITY OF LA PORTE
Martha Gillett
City Secretary ,
'-, .:;~ f c.'
This facility has disability
accommodation available.
Requests for accommoda-
,tlons or Interpretive serv-
Ices at meeting should be
made 48 hours prior to the
meeting. Please contact
City Secretary's office at
'(281)471-5020 or TOO
Line (281 )471.5030 for fur.
ther information,
e
e
.'
B
281-471-1234
Fax: 281-471-5763
I re Sun
'Serving The Bayshore Area Since 1947'
.'
~1J*i#Lf.~1/
Karolyn Kellogg
Authorized Representative
, 200 2.
'I
~~n~IT E
e
e
City of La Porte
Established 1892
May 21,2002
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During the regular meeting ~>n May 16, 2002 the La Porte Planning and Zoning
Commission, held a public hearing to consider Special Conditional Use Permit #SCU02-
002. The applicant, Stuart Haynsworth on behalf of La Porte 81, Ltd.; La Porte 82, Ltd,;
and La Porte 115 Ltd., seeks approval to build a mixed-use development on 292 acres out
of 342 acres, Town of La Porte, Harris County, Texas, The proposed mixed-use project
will be developed in a Planned Unit Development (PUD) zoning district.
The Planning and Zoning Commission, by unanimous vote, recommends approval of
Special Conditional Use Permit #SCU02-002, This item will appear on the Council's
June 10, 2002 agenda for your consideration,
Respectfully submitted,
~~~~
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
Doug Kneupper, Director of Planning
Stuart Haynsworth
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
~n~Bir V
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LAPORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of June, 2002, in
the Council Chambers of the City Hall, 604 West Fairmont Parkway, LaPorte, Texas, The purpose
of this hearing is to consider Special Conditional Use Permit Request #SCU 02-002, which has been
requested for approximately 292 acres out of a 342 acre tract in the George B. McKinstry, A -47;
William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; City of La Porte, Hams County,
Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr, Stuart
Haynsworth, General Partner, is seeking approval of a permit for the development of Phase I of the
project, This phase of the development will be a rail-oriented warehouse facility capable of
handling products by rail and truck. A Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (p,U.O,) Zone, per Section 106 -637
of the Code of Ordinances of the City of La Porte,
A regular meeting of the City Council will follow the public hearing for the purpose of
considering the public hearing item and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened,
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TOD Line (281) 471-5030 for further information.
~. .
I:XfirBIT D
, COUNTY OF HARRIS
of June 2002, In the follow the public hearing
Council Chambers It-:for the purpose of consld-
City Hall, 604 Wes - erlng the public hearing
mont Parkway, La , m and to conduct other
Texas. ,The purpose of this matters pertaining to the
820 SOl hearing Is to consider Council. .
Sp~claI Conditional Use
La Portl Pennlt Request #SCU 02-
002, which has been reo
quested for approximately
292 acras out of a 342
acre.tract In the George B.
McKinstry, A-47; William
P. HarrIS SUlVey, A-30;
TI Johnson Hunter Survey,
A-35; City of La Porte,
Harris County, Texas. The
property Is located In the
2000 Block of Powell Road
(So. 16th Street) Mr.
Stuart sworth Ge -
aI ~ Is see This facility has disability '., ,
, P It accommodations avalla-
~~ p, ble. Requests for accom- Area Since 1947'
the. ev' nt will be modatlons or InterpreUve
rall-orlent warehouse fa- services at meetings
should be made 48 hours
clllty capable of handing prior to meeting. Please
products by rail and truck. contact City Secretary's of-
A Special Conditional Use flee' at (281)471-5020 or
Pennlt Is required for the TOO Une (281)471-5030
proposl:'d ~'!yelopment to for further Infonnatlon.
be located Within a Plan- ,"
nad Unit Development
(P.U.D;) Zone, per Section 10rity, on this date
106-637 of the Code of Or- '
In accordance 'dlnances of the City of La logg, a duly authorized
with the provisions of $ec. P It
tIon 106-171 of the Code 0 e. .. . Sun, a semi-weekly
of Ordinances 'of the CIty , ' ally distributed in the
of La Porte, and the prov!- ,A regular meet-
s10ns of the Texas Lo~ ' Ing of. the City Council will rexas and who
Govemment, Code, notice .
Is hereby given that the La uly sworn, swears the attached notice was
Porte City Council will con- The Bayshore Sun dated oS 1:2&'/0;;-
duct a public hearing at / '
6:00 P.M. on the 10th day
e
'"
CITY OF LA PORTE
Martha Gillett
City Secretary
281-471-1234
Fax: 281-471-5763
CItizens wishing
to address the Council pro
or con during the Public
Hearing will be required to
sign In before the meeting
Is convened.
I re Sun
THE STATE 9F TEXAS
.-
CITY OF LA POffTE
, NOTICE OF PUBLIC
.- , -~HEAAING"'-
~8JI{~,* Uogv
u ' -
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this ,.,J.f'1'H day of ~d"
/A~~ ,1, ~~~~~--
Sandra E. Bumgarner
Notary Public
Harris County, Texas
, 200 2.
EXHIBIT g
e
Exhibit A
e
City of La Porte
Special Conditional Use Permit #SCU 02-002
This permit is issued to:
La Porte 81, Ltd,; La Porte 82, Ltd. and La Porte 115, Ltd. (Texas
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 Aoreement between the
Owner/Aoent 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 Aareement.
Development Name
Legal description:
292 acres of land out of the George B. McKinstry League, A-47;
William P. Harris Survey. A-3D: Johnson Hunter Survey, A-35 and
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 DeveloDment are aenerally depicted on
"Exhibit A" - General Plan of Texas ImDortlExDOrt Park. These
permitted land uses are more specifically defined and/or restricted by
conditions established in the Development Aoreement.
Permit Conditions:
GeneraVMiscellaneous
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 ofthe 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 ofthe 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
1 of 1
'C'V'u,tflT i.'
I
be resci~ded by the City Counapon its own motion or upon the rec.endation 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 tli'e portion which is undeveloped.
Validation Date: June 10,2002
UJ{_ :Jo~'7
- ~
,A r11ltt~t1 ,,"L
~iIIett .., ~
City Secretary
10f2
. .
REQUEST FOR CITY COUNCIL AGENDA ITEM
. .
Agenda Date Requested: June 10, 2002
Requested By: Doue Kneuppe~ ~
Department: Plannine
Appropriation
Source of Funds:
N/A
Budgeted Item:
YES
N/A
N/A
N/A
NO
Account Number:
Report: _Resolution: ~Ordinance:~
Amount Budgeted:
Exhibits:
Ordinance
Vicinity map
Amount Requested:
SUMMARY & RECOMMENDATION
Texas ImportlExport Park is a proposed industrial, commercial and retail development to be located in an area south of Fainnont
Parkway, north of McCabe Road and between the existing Union Pacific railroad tracks and State Highway 146 South. The proposed
development includes approximately 342 acres. As a part of the PUD development process, the applicant previously submitted a
Special Conditional Use Permit (SCUP) Request and a General Plan (GP) 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 request and GP 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 request, General Plan, Development Agreement and all Exlubits. On March 15, 1999, City Council approved
the General Plan. SCUP#98-00I, and the Development Agreement Mr. Stuart Haynsworth, General Partner representing La Porte 81
Ltd., 82 Ltd., and 115 Ltd. (approximately 292 acres), executed the agreement Daetwyler Enterprises did not execute the agreement
and noted that Stuart Haynsworth did not represent their interests. On April 27, 2000, the Commission granted a one (1) year
extension for SCUP#98-00 1. Since the extension was granted, no development has occurred.
In February 2002, Mr. Haynsworth initiated a request to re-authorize the General Plan, Development Agreement and SCUP. The
applicant's request is essentially a repeat of the previously approved SCUP 98-01 less the Daetwyler (now owned by CDM) properties.
(!he applicant's request covers approximately 292 aaes.) Also note that the Exxon 1>ri11 site is not shown. but should be,
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-OO2. Eight (8) notices of public hearing were
mailed to neighboring property owners. No responses were received, By a unanimous vote, the Commission forwards a
recommendation to City Council to approve General Plan, Development Agreement and #SCU02-002 for Texas Import-Export with
the following conditions:
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 furthec 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 Agrement, Ordinances and
policies of the City of La Porte and specifically Section I06~ 16 & 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.
If approved, the next step for the applicant would be to submit a SCUP and Minor Development Site Plan for Phase I-A to staff for
review,
Action ReQuired bv Council:
1. Conduct public hearing.
2. Consider approval of General Plan, Development Agreement and Special Conditional Use Permit #SCU02-002.
Approved (or City Council A!enda
G~ '\. "~
Robert T. Herrera, City Manager
b' L( -01...
Date