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HomeMy WebLinkAboutPR 13335: SPUR 93 BUSINESS PARK P.R. No. 13335 11/11/05 gt RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO THE INDUSTRIAL PARK COVENANTS AND RESTRICTIONS AT THE SPUR 93 BUSINESS PARK WHE~EAS, the City of Port Arthur Section 4A Economic Development Corporation plans to develop the Spur 93 Business Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council approves the Industrial Park covenants and restrictions in substantially the same form as described in Exhibit "A". Section 3. That a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED on this the day of , 2005, at a Regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; City Councilmembers , z .pr13335 NOES: OSCAR ORTIZ, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FOPa~ SEE CONFIDENTIAL MF~MO MARK T. SOKOLOW, CITY ATTORNEY APPROVED FORA DMINISTRATION: STEPHEN FITZGIBBONS, CITY MANAGER z .pr13335 EXHIBIT "A" 1 of 6 Preliminary Draft Covenants and Restrictions Port Arthur Business Park The following is a preliminary draft of proposed Covenants and Restrictions as approved by the Port Arthur Economic Development Corporation board of directors and as initially reviewed by PAEDC's attorney. This draft is subject to final revisions as a result of final review by the EDC board, Port Arthur City Staff and City Council prior to final filing. General The Port Arthur Economic Development Corporation (PAEDC) is the owner of the Port Arthur Business Park (Business Park). PAEDC has determined that it is in the best interests of the City of Port Arthur, PAEDC, the Business Park and its future occupants to adopt the following provisions restrictions and covenants to control the development within the business park. These provisions, covenants and restrictions shall apply to the entire park as described below, to all parcels and lots subdivided from it, to all land subsequently obtained and included as part of this development, to all structures and improvements constructed within the Business Park, and to all maintenance, additions and alterations that may be performed to improvements in the Business Park in the future. Legal Description The Port Arthur Business Park includes all land as described below: INSERT LEGAL DESCRIPTION Conditions of Sale Each parcel sold or conveyed to a user or developer by PAEDC is for the purpose of development of facilities and occupancy by a user. Development of facilities (buildings) for user occupancy must begin within eighteen months of purchase. If cons~uction has not commenced in the period specified PAEDC shall have the option to repurchase the property on the basis of reversing the terms of the original sale. This option may be exercised at any time subsequent to the failure of construction to start by the specified date. Exercise of the option will be by formal action of the PAEDC Board. Delivery of writtan notice of exercise of this option shall be the cause of an immediate halt to actions to develop the parcel by the parcel owner. If an owner wishes to sell all or part of a parcel upon which no building or facility has been developed, such land must be first offered to PAEDC for repurchase at a cost equal to the per acre or per square foot price that prevailed at the time of sale by PAEDC. In such case PAEDC s~all have 90 days to notify the land owner of its decision in regard to repurchase. If PAEDC fails'to exemise this option, the parcel owner is free to sell the land in question. Review and Approval of Uses and Improvements All uses that occupy parcels and all facilities and improvements constructed in the park (including all alterations and additions to the site and such facilities and improvements) shall be subject to approval by PAEDC and may require approval by the City of Port Arthur. PAEDC and the City may at their sole discretion involve other parties in the review of proposed uses and improvements. In cases where specialized evaluations are deemed necessary, PAEDC may require a fee to cover the cost of the services of consultants engage to perform these evaluations. No construction may be initiated upon any parcel in the Business Park until approval has been granted by PAEDC (and where required, by the City of Port Arthur). Failure of the developer of a parcel to seek approval for development plans in a timely manner will not be 2 of 6 the basis for granting an extension in the eighteen momh period allowed prior to the beginning of construction. Approval means formal action by the PAEDC Board, (and where required by City Council of the City of Port Arthur) and the receipt of written confirmation of approval from a competent authority of these bodies. Application for approval shall be made in writing and must contain all submission requirements specified by PAEDC. Such requirements will include site plans, building plans and specifications and other such information as PAEDC and the City may request. Permitted Occupancies Sites and facilities within the Business Park may be occupied by the uses specified in the following chart (Parcels are as designated on the Port Arthur Business Park Master Plan). Parcel A, - Warehouse, distribution, manufacturing, and assembly. Parcels B, C, E and F - Office, warehouse, distribution, light fabrication and assembly. Parcel D - Office, retail, and other approved commercial. Other uses may be approved by PAEDC at its sole discretion. All occupancies permitted may be subject to additional restrictions imposed as a result of review of nser or developer applications provided that such specific requirements are intended to implement the restrictions previously established by the EDC in these Covenants and Restrictions or subsequent amendments. Prohibited Occupancies Specifically prohibited uses include manufacturing and process operations that transmit noise, or release odors, fumes or dust or discharge a waste stream that is not acceptable (due to content or volume) for the City's sanitary sewer system. Any use that requires on site treatment of waste in order to meet the above requirement will be allowed only on the basis of a special use permit from PAEDC and the City of Port Arthur. In general on site treatment of significant quantities of special waste will not be permitted. A special use permit may, at the sole discretion of PAEDC, be granted, conditional upon continued and demonstrated conformance to specific requirements and standards. Failure by the user receiving such conditional approval to strictly conform to the requirements and standards imposed will be the basis of termination of the special use permit, without recourse by the user. Notice of termination ora special use permit will require the user to immediately cease all on site processes that generate or contribute to the subject waste stream. In addition all exterior site uses including parking areas, truck maneuvering and docking areas, storage and equipment yards and the like will be developed and maintained in strict conformance with these covenants and restrictions and with the specific terms of approvals granted by PAEDC and the City of Port Arthur. Construction Standards, Codes and Ordinances All improvements constructed in the Business Park shall meet or exceed local zoning regulations, national, state, and local codes standards and ordinances for design and constructio~n. It shall be the duty of the developer or user of any parcel in the Business Park to conform to such requirements and to obtain all approvals and permits granted by governing authorities. Such requirements include but are not limited to City Building Permits, and local drainage, environmental and utility requirements. Review and approval by PAEDC and the City of Port Arthur under the above provisions for Review and Approval of Uses and Improvements does not relieve or mitigate in any way this separate duty of the developer or user. Property Maintenance Owners and Users of parcels and improvements shall perform regular and routine maintenance on these properties. Undeveloped parcels shall be kept mowed and free of debris. Developed parcels (including site and facilities) shall be maintained in a manner consistent with the developers approved proposal for use and improvements. 3 of 6 Lawns and landscaping shall be kept free of overgrow'th, trash and debris. Parking or storage of vehicles, equipment or materials in areas other than approved outdoor storage is prohibited. Paved areas shall be maintained free of trash, sediment, debris, and abandoned or unsightly equipment. Potholes and other paving failures Shall be promptly repaired. Outdoor storage areas other than those approved by PAEDC are prohibited. Approved outdoor storage areas shall be well maintained and shall be kept neat and orderly in appearance. Only materials and equipment that are in active use at the site may be stored on site. Storage of derelict or junked materials, equipment or vehicles on site is prohibited. Buildings and other structures shall be kept in an attractive condition. Exterior surfaces shall be washed and painted as required to maintain a fresh appearance. Exterior materials that deteriorate shall be replaced. No open burning of rubbish is permitted on the site. All waste material shall be confined to trash receptacles in approved and screened locations for removal from the site. In case of fire or damage from other causes, the owner shall restore the improvements within 9 months unless granted an extension by PAEDC. Continuation, Revision and Variation of Covenants and Restrictions These covenants and restrictions shall remain in force on all parcels and shall be binding on all current and future owners of parcels within the Business Park. Variation in these covenants and restrictions is limited to one of the following methods: PAEDC and the City of Port Pathur may from time to time revise the provisions, covenants and restrictions that will apply to parcels that remain under the ownership of the PAEDC. PAEDC and the City of Port Arthur may grant variances to these provisions, covenants and restrictions as a part of the approval of the Review and Approval of Use and Improvement process. Such variances must be requested in writing by the developer or nser of the parcel at the time of application. PAEDC will notify all other adjacent parcel owners of the request for variation and will receive and consider comments from such parcel owners in evaluating such variances. It is the intent of PAEDC to maintain the general character and intent of the provisions, covenants and restrictions and to consider variation only where strict application of the literal provisions, covenants, and restrictions creates a hardship on an otherwise acceptable user. If granted, variances to covenants and restrictions may be limited in any way that PAEDC at its sole discretion deems appropriate. With the exception of Permitted and Prohibited Occupancies, if a majority (by acreage) of the ownership of parcels in the Business Park agree to revise the covenants and restriction, the changes that are agreed upon shall be adopted Enforcement of Covenants and Restrictions Determination regarding the meaning and applicability of these covenants and restrictions is the sole donufin of PAEDC and its agents. Inquiry in regard to such matters shall be made to PAEDC in writing and a judgment rendered in writing by PAEDC shall be deemed final and binding on all parties. Enforcement of the provisions, covenant and restrictions shall be in accordance with law or through civil proceedings initiated by PAEDC, the City of Port Arthur or the owner of a parcel within the Business Park. Enforcement action may include but is not limited to restnfmt of violation and / or recovery of costs and damages. 4 of 6 Site Development Building sites of individual users must be planned to present an attractive image and must be well maintained. The following requirements shall apply to the development of sites within the Business Park Set Backs Buildings Street Frontage - 45 feet Side and rear lot lines - 15 feet Paving Street Frontage - 20 feet Side and rear lot lines - no requirement Landscaping All non paved areas - maintained lawns Street Frontage - 1 tree per 100 feet of fi.ontage - 2 inch caliper Paving Parking Automobile - concrete Trucks and Trailers - concrete Aprons and maneuvering areas - concrete Access and Entry - as approved by EDC - may not conflict with street traffic or access to adjacent sites. Utilities - all connections and service underground and with equipment (transformem etc.) screened fi.om public view Outdoor Yards and Storage Areas - not allowed forward of the line of the building face. - fully screened fi.om fi.ontage with berms, planting or walls constructed in conformance with standards for front face of buildings Area Limitations Parcel A - no limit Parcels B, C, E or F - no larger than the area of the building Pamel D - not permitted Fencing -side and mar yards only Visible from Street - Decorative iron or as approved by EDC (no wood fences permitted) Side and rear -chain link or as approved by EDC (no wood fences permitted) 5 of 6 Ancillary Structures and Equipment - constructed to meet applicable building standards - tanks, trash receptacles and other equipment screened from public view - mail boxes at approved locations - flagpoles as approved by EDC Lighting - pole or building mounted lighting - all lighting will be natural in color (no un- corrected high pressure sodium fixtures) - lighting must be controlled to prevent glare as seen from adjacent public ways and adjacent properties. Drainage - surface drainage must be controlled within site boundaries. - discharge into drainage ways as approved by responsible authorities. Signage -all signs must be approved by EDC - may be internally or externally illuminated - may not be animated Site Mounted Signs - maximum of 6 feet in height - base no more than 2 feet above ground - no closer than 10 feet to property line - compatible with building color and materials - integrated and compatible with landscaping Building Mounted Sign -not painted on building - may not extend beyond building profile - must be compatible is size, color and material with building 2. Building Design and Construction Building design including all exterior materials and colors must be attractive, compatible with adjacent development and be approved by the EDC Exterior Materials - except for trim and accents, no wood will be p~rmitted - glass and window areas are encouraged Wails Facing Frontages and Public Ways - concrete or masonry Walls Facing Side and Rear Yards Parcel A, B, C, E or F - concrete, masomy or metal panels Parcel D - concrete or masonry Roofing Materials - any roof surface that is exposed to public view must be approved by EDC 6 of 6 Rooftop equipment - no more than five feet in height and screened from public view Awnings and Canopies - compatible with building design and approved by EDC Exterior Colors - exterior surfaces will be predominately neutxal or natural colors. Bright accent or trim colors will be considered. Page 1 of 1 Mark gokolow From: "Port Arthur EDC" <portarthuredc@portarthur. net> To: <mark@podarthur.net> Sent: Thursday, November 11,2004 4:46 PM Attach: COVENANTS AND RESTRICTIONS.doc Subject: Covenants & Restrictions Attached is the Preliminary Draft of the Covenants and Restrictions as it pertains to the Spur 93 Business Park. The EDC Attorney is still working on them. Jana 11/11/2005