2002-10-28 Regular Meeting and Workshop Meeting

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"\ I TO: La Porte Mayor Norman Ma_, Interim City Manager John Joernes, Doug Kneupper, and City Councilpersons · M--,,"Cf FROM: Rudy & Penny Garcia, 3110 Oaken Lane, La Porte TX 77571-4224 ~ {I / SUBJECT: Fairmont Park Baptist Church (FPBC): COMMON LAW NUISANCES: ' *CONCERT BASS NOISESMBRATIONS (low frequency nuisance) *Standing water & pools from lack of drainage since reported August 1999 *NOT mowed dirt mounds; trash on property and mounds; access to mounds *Zoning violations since January 2001 DATE: October 28, 2002 Please take immediate action on the following: 1. Revise La Porte NOISE ORDINANCE to include prohibiting the sounds of the concert noise that invades neighbors' homes. -- --- - --- SlU!2estion: Noise that can be heard beyond SO ft. from the buildill2 and/or source. such as amDlifiers from a car. is Drohibited. (See Pasadena noise ordinance.) NOTE: Four homeowners called LPPD the night of FPBC's most recent concert on October 11. Ed MatllSZllk, V'lCky Porter, Joeena Davis, and Penny Garcia, unaware of each other's call, logged a complaint of the lI1UUJying concert boss we heard insitk our homes. 2. Do not aDow Fairmont Park Baptist Church to deprive their neighbors of their privacy and enjoyment to their homes. 3. Proted the homeowners. 4. Consider that the neighbors have been living in their homes much longer than when the church began these concerts. Give the homeowners their rights. 5. Do !!!!! make the neighbors wait any more months. These requests have been made since May 2001, and FPDC has made living conditions in our home worse, not better. 6. Quit giving the church so much latitude and so many extra, extra chances and opportunities to clean up their ad. 7. Prevent the children from using the mounds for bicycling in the future. Your job is to protect the homeowners. On August 18, 2001, I gave the Council a list 0 that were ignored then. Please do not continue to ignore them. TAKE AcrION NOW. a. (Section 1~6-~J7pfzoningordinance: That the specific use [of permit] will be compatible with and not lnlurrous 0 t e use and eniovment 0/ other property, nor significantlv diminish or imDair propertv values in the immediate vicinitv. VIOLATIONS: 1, Concert and ramp noises are injurious to the enjoyment of our homes. 2. Garcias' property value diminished $23,500 in May 2002 from the appraisal district. / l _ 3. Standiri. water behind Garcia fence injurious to uselenjoyment of our property. ...--- ~~ b. (Section 106-217 (the zoning ordinance: That the applicant [FPBC] has agreed to meet any additional ~ conditions imposed, ... and necessary to Drotect the public interest and welfare of the communitv, VIOLATIONS: 1. The church's noises (concert & skateboarding) do not protect the neighbors' welfare. 2. The standing pools of water do!!!!! protect the neighbors' welfare, Le. health. c. (Chapter 91>fComprehensive Plan,. The attractive appearance and environmental Quolitv of existing residential neif!hborhoods should be protected to maintain the value o/properties and enhance the quality o/life. VIOLATIONS: 1. The despicable church property appearance, Le. un mowed and trashy mounds as well as the ugly new ditch behind our fence. We request trees be required between our fence and their ditch. 2. Th i pools of water are not environmentallY safe. Le. ideal mosquito breeding grounds. d. Section 106-334 '(the Code o/Ordinances: Landscape buffers-Buffers are necessary to preserve the va ue oft e omes. reduce adverse effects 0/ traffic, lighting, noise. dust and odor, and to protect the homeowner's privacy by requiring spacing and screening between uses of different types or intensiJies. 1. The value of the Garcias' home has!!!!! been preserved (already reduced $23,500 May 2002). 2. There are no landscape buffers to proted the Oaken,Lane homeowners from the church's concert noise or skateboarding.