HomeMy WebLinkAboutO-1994-SCU94-004
Requested For:
Reauested By:
Zoning:
Puroose of Reauest:
Background:
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502 North Broadway, which is further described by the legal
descriptions attacbed to and following this report. (See Exhibit
A)
Mr. Gary A Mabray, on behalf of John Hancock Mutual Life
Insurance Company, property owner.
Business Industrial; R-2, Mid Density Residential; PUD with an
underlying Commercial Industrial land use base. (See Exhibit
B)
The facility located at 502 North Broadway is a freezer
warehouse complex. The facility, which was developed as a
Planned Unit Development, is operating under the provisions
of Special Conditional Use Permit #SCU90-002 (see Exhibit
C). The applicants are seeking to amend this permit.
The facility in question consists of three basic components, a
warehouse and office building, a trailer staging yard, and a
stormwater detention facility.
As noted in the caption section of this report, the site extends
into three different zoning districts. Exhibit B illustrates the
zoning boundaries. Exhibit D illustrates the facility's layout.
The warehouse, loading docks and parking are located in tbe
PUD and Business Industrial (BI) portions of the tract. The
staging yard and Barbour's Cut access are located exclusively in
BI zoning.
The residentially zoned portion of the property is used as a
stormwater detention facility. Originally, the area was also to
include an employee's park. As of this date, it has not been
developed. Use of this section of property for detention and
open space is compatible with the Comprehensive Plan's intent
for residential land use. It was also felt by the City that
maintaining residential zoning would maintain a buffer between
the warehouse and residential properties located further to the
east. The warehouse could not be expanded to the east without
first obtaining a rezoning of additional property. For these
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 2 of 6
Analysis:
Old Permit
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reasons, the residential designation was retained for this area.
It should be noted that maintenance of the detention facility
will remain the responsibility of the property owners.
Otherwise, stormwater detention will not enter as a factor in
this request.
At the time of construction the facility was owned and operated
by International Cargo Network (ICN). ICN was both a
warehousing and trucking company. The complex was intended
to function as a single integrated business operation. ICN no
longer owns or operates the complex. It is presently leased to
a company that only operates the warehouse. The staging yard
has remained idle and unused.
The current owners propose to lease the staging area to a
shipping firm. This firm will continue to use the lot as a trailer
chassis staging yard. It will operate as a separate business and
will not be .in any way connected with the operation of the
freezer warehouse (see Exhibit D).
As noted in the caption section of this report, the complex was
developed and permitted as a Planned Unit Development
(PUD). It is operated under the terms of a Special Conditional
Use (SCU) Permit that was granted prior to construction.
In order to amend the original seu permit, it is necessary for
the applicants to come before the Planning and Zoning
Commission and City Council and petition for a new SCU
permit.
The analysis section of this report will begin with an
overview of the original SCU permitting process. Staff
has maintained a detailed file relating to the original
development and permitting process. This file is
available for review and will also be available at the
Commission's November 17, meeting. Following the
outline overview, points relevant to the current request
will be discussed.
I. Applicants submitted a preliminary plan and
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 3 of 6
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petitioned for rezoning of certain properties from
Residential to Industrial designation.
II. Rezoning was granted reclassifying property from
Residential to Planned Unit Development.
ill. Land use component of the Comprehensive Plan
was amended. A land use designation of
Commercial/Industrial was assigned to the
rezoned area.
IV. Applicant's applied for a Special Conditional Use
Permit for development of a PUD complex. In
conjunction with the application, the following
items were submitted.
A General Plan
B. . Construction schedule
C. Documentation regarding property
controls.
Staff has reviewed the applicant's request for permit
amendment and found it to be compatible with the intent and
goals of the original SCU permitting process.
New Permit Staff has noted certain areas that either impact on the original
SeD Permit or must be considered in their own right. They are
as follows:
· Interior circulation will be somewhat impacted
but not to a degree to warrant concern. The
Barbour's Cut entrance will be under control of
the new tenant and may not be available to
traffic to and from the warehouse. The
Broadway access is designed to accommodate
warehouse traffic and should be adequate to
meet the needs of warehouse traffic. Traffic
impact on North Broadway should be negligible.
The warehouse loading docks can accommodate
25 trailers simultaneously. The paved area
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 4.of 6
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adjacent to the docks are large enough to serve
as a waiting area for additional trucks should the
need arise.
. Exhibit E indicates the location proposed for a
new 12' x 24' building. This building will serve as
the shipping company's on site office. The
location complies with applicable setback
requirements. Existing fire hydrants will provide
adequate fire protection.
Potable water and sanitary sewer are not readily
available to this portion of the property. There
are, however, City mains available in close
enough proximity to be readily extended. The
prospective tenant has been in communication
with City staff. They understand and are willing
to extend water and sewer mains in accordance
with City regulations.
. The original SCD Permit called for a landscape
buffer to be created and maintained along the
east and south fences of the staging yard (see
Exhibit E). Since being developed, the original
plantings have been allowed to die. The buffer
area now consists of weeds and scrub trees. This
buffer should be mowed and replanted with a mix
of evergreen and deciduous trees.
Mowing and clean up should take place prior to
occupancy. After clean up, surviving (and
volunteer) trees should be inventoried. A
planting plan should then be developed and
submitted for review by the Director of Planning.
Staff would ask that this be completed by January
1, 1995. Planting should then be completed by
March 1, 1995.
. At the time of original project development, a
great emphasis was placed on landscaping and
attractiveness of the site. With this in mind, staff
would recommend that landscaping be placed
Planning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 5 of 6
Conclusion:
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along the west face of the building to be located
in the staging area. Plan submittal and planting
should take place in accordance.
In summary, staff finds the following:
· The trailer staging area is not needed for operation of
the freezer warehouse.
· The operation of the yard by a separate company
maintains the property use envisioned by the original
SCU Permit.
. Operating the yard as a separate lease would not
seriously disrupt interior traffic circulation, nor would it
seriously impact traffic on surrounding streets.
. Existing fire protection is adequate. Sanitary sewer and
potable water is available in close enough proximity to
be readily extended to serve the proposed office
building.
. The 12' x 24' office building can be located in a manner
that satisfies zoning setback requirements.
· Subject to replanting the landscape buffer and
development of additional landscaping in the manner
specified, the proposed business can operate in a manner
that is compatible with the intent of the original SCU
Permit.
· It must be clearly understood that the property owner
maintains full responsibility for maintenance of the
stormwater detention facility.
Based on the facts and considerations noted above, staff
recommends granting SCU94-004 as an amendment to Special
Conditional Use Permit #SCU90-002 with the following
Amendment Conditions:
1. The original landscape buffer being replanted.
plAnning & Zoning Commission
Meeting of 11/17/94
SCU94-004
Page 6 of 6
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2. The development of a new landscape buffer
along the west face of the proposed building to
be located in the staging area. Planting shall be
approved by the Director of Planning prior to
occupancy.
3. The stormwater detention facility is made a part
of this P.U.D. and the property owner shall be
responsible for all maintenance of the facility.
Staff would also ask that the Commission's recommendation
clearly state that except as specifically amended, SCU90-002
remains in effect.
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SPECIAL CONDITIONAL USE PERMIT SCU90-002
LEGAL DESCRIPTION:
INTERNATIONAL CARGO NETWORK
LOT AND BLOCK DESCRIPTION
Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432,
433, 434, 435;
All of Block 980;
Lots 1-16 of Blocks 415, 420, 438, Town of La Porte;
Tyler Street from the east right-of-way of North
Broadway to the west line of the alley in Blocks 415
and 420;
Madison Street from the east right-of-way of North
Broadway to the west line of the alley in Blocks 420
and 433;
Iowa street from the north right-of-way of Adams street
to the south right-of-way of North "E" street;
Kansas street from the north right-of-way of Adams
street to the south right-of-way of North "L" street;
utah Street from ~he north right-of-way of Madison
street to the south right-of-way of North "E" street;
EXHIBIT A
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CITY OF LA PORTE
SPECIAL CONDITIONAL USE PERMIT
Ordinance #150l
Permit No. SCU90-002
CLP Job No.
N/A
This permit issued to:
Don R. Holloway
Owner or Agent
600 Jefferson st. Suite 555
:r".
Houston. Texas 77002
Address
For Development of:
International Carao Network Inc.
Development Name
502 North Broadwav
Address
Leaal Descriotion is attached as
Exhibit A
Legal Description
Zoning: PUD: BI: R-2
PERMIT CONDITIONS
Failure to begin construction within one (1) year
or as scheduled under the terms of a special
permit shall void the permit as approved,
extension of time granted after .application to
Zoning Commission.
after issuance
conditional use
except upon an
the Planning and
If construction is terminated after the 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.
Additional Conditions
(See Exhibit B)
Validation Date:
Zoning Administrator
City Secretary
EXH1SW C
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SPECIAL CONDITIONAL USE PERMIT SCU90-002
INTERNATIONAL CARGO NETWORK
PERMIT CONDITIONS
I .
The Barbours Cut driveway entrance width shall be a
minimum of thirty (30) feet.
11.
A utility easement, twenty (20) feet in width shall be
dedicated to the City. The easement shall be located
on th~ eastern edge of the North Broadway right-of-way
and run from the property corner located at the
intersection of North Broadway and the northern
boundary of the East Adams Street right-of-way, north
for a distance of 1,340 feet to the property corner
located at North Broadway and the southern boundary of
the North "E" Street right-of-way.
An agreement dedicating this easement to the City of La
Porte shall be executed prior to the issuance of any
construction permits for this project.
III.
A landscaped setback area, at least thirty (30) feet in
depth shall be developed along the southern and eastern
faces of the container staging area. A landscape
planting plan for this area shall be submitted for
review by the Director of Community Development. No
construction permits for the project shall be issued
until such time as the Director has deemed the plan to
be satisfactory and granted his approval.
EXI-IIBIT C
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CITY OF LA PORTE
Permit No.
SCU94-004
SPECIAL CONDITIONAL USE PERMIT
CLP Job No. N/A
ORDINANCE 1501
This pennit is issued to:
John Hancock Mutual Life Insurance Company: Owner
Colliers. Ap,pelt. Womack: Agent
Owner or Agent
4910 One Shell Plaza. Houston. TX 77572
Address
For Development of:
Freezer warehouseltrailer staging yard (SIC 4226)
Development Name
502 North Broadway
Address
Legal Description:
See Exhibit A
Zoning:
Business Industrial/Planned Unit Development/R-2.
Mid Density Residential
Permit Conditions
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.
(1501, Section 10-201.4)
H construction is terminated after the completion of any stage and there is evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon it's 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.
Additional Conditions . See Exhibit ~
1994
~LJ
City Secretary
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Special Terms and Conditions of Special Conditional Use Permit SCU94-004
1. This permit is an amendment to Special Conditional Use Permit SCU90-002. Except
as specifically amended herein, SCU9o-002 remains in full effect and force.
2. This permit allows the staging yard and Barbour's Cut driveway entrance (as
illustrated on Exhibit B-1) to be operated as a separate business enterprise. Business
activity shall be limited to parking and staging of trailers and trailer chassis (SIC
4226). The yard and driveway are located on Blocks 432; 433; 980; a portion of
Block 438; Town of La Porte and portions of the closed North Ohio, North Idaho,
North Utah, and North "E" Street rights-of-way.
3. The landscape buffer located on the south and east faces of the staging yard shall be
replanted. A planting and maintenance plan shall be submitted for review and
approval of the City's Director of Planning by January 1, 1995. Replanting shall be
completed by March 1, 1995.
4. The office building for the staging yard shall be located as illustrated on Exhibit B-2.
Landscaping shall be planted along the west building face. A landscape plan shall
be prepared and submitted for review and approval to the City's Director of Planning
by January 1, 1995. Planting shall be completed by March 1, 1995.
5. The storm water detention facility (located on portions of Blocks 415; 416; 419; 420;
Town of La Porte and portions of the closed North Kansas and East Tyler rights-of-
way) is made part of this Planned Unit Development. The property owner shall
retain responsibility for all maintenance and upkeep of the detention facility.
Exhibit B
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