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HomeMy WebLinkAboutO-1989-1501-J . . ORDINANCE NO. l50l-J AN ORDINANCE AMENDING ORDINANCE NO. 1501, BY CHANGING THE CLASSIFICATIONS OF'THOSE CERTAIN PARCELS OF LAND HEREIN DESCRIBED, SAID PARCELS BEING FORMERLY KNOWN AS THE BAYSHORE MUNICIPAL UTILITY DISTRICT, ANNEXED BY THE CITY OF LA PORTE ON DECEMBER 31, 19881 DIVIDING SAID NEWLY ANNEXED AREA INTO DISTRICTS OF SUCH NUMBER AND AREA AS ARE DEEMED BEST SUITED TO CARRY OUT THE REGULATIONS EMBODIED IN SAID ORDINANCE 15011 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 PROVIDING THAT ANY PERSON OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF ORDINANCE 1501 OR ANY AMENDMENTS THERETO, INCLUDING THIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION, SHALL BE LIABLE TO A FINE NOT TO EXCEED $1,000.00, WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSE 1 PROVIDING A SEVERABILITY. CLAUSE 1 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 27th day of April, 1989, at 7:00 p.m. a Public Hearing was held before the Planning & Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible classification of the hereinafter described parcels of land that formerly comprised the Bayshore Municipal Utility District, said parcels of land being annexed by the City of La Porte on December 31, 1988, by Ordinance 1626 of the City of La Porte. 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 not- ice 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 City of La Porte Planning & Zoning Commission met in regular session on April 27, 1989, to consider the establishment of zoning classifications for the area formerly known as the Bayshore Municipal Utility District 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, embodied in the preliminary report of the Planning and Zoning Commission, dated April 27, 1989, the original of which . . Ordinance 1501-J, Page 2 preliminary report is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. On the 22nd day of May, 1989, at 6:00 P.M., a public hearing was held before the City Council of the City of La Porte, pursuant to due notice, to consider the question of the possible classification of the areas that formerly comprised the Bayshore Municipal Utility District. 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" which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200') of the properties under considera- tion. Section 5. notice of said incorporated by purposes. Section 6. Subsequent to such public hearing, the City Council of the City of La Porte reviewed the preliminary report of the City of La Porte Planning and Zoning Commission, and all of the evidence presented before it, and 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 classifications of the areas that formerly comprised the Bayshore Municipal Utility District, now situated within the corporate limits of the City of La Porte, are hereby changed, and the zoning classifications of said parcels of land shall hereafter be as set forth on the zoning map attached hereto as Exhibit "F", incorporated by reference herein and made a part hereof for all purposes. The legal description of said parcels of land are more particularly described by metes and bounds on Exhibit "G", attached hereto and fully incorporated by reference herein. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, The Publisher's Affidavit of Publication of hearing is attached hereto as Exhibit "E", and reference herein and made a part hereof for all .-, . . Ordinance 1501-J, Page 3 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, Article 6252-17, Texas Revised Civil Statutes Annotated~ 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 8. Any person, firm or corporation in violation of any of the provisions of this ordinance or by reference of Ordinance No. 1501, the Zoning Ordinance of the City of La Porte, or any amendments thereto, including this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum not more than $1,000.00. Each day such violation continues shall constitute a separate offense. In case in building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any buildin~, structure, or land is used in violation of the general law or the terms of this ordinance, the City of La Porte, in addition to imposing the penalty above provided, may institute any appropriate action or proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land, to prevent the illegal act, conduct, business or use, in or about such land~ and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the City of La Porte from invoking the civil remedies given it by law in such cases, including collection of reasonable attorney fees and court costs, but same shall be cumulative of and in addition to the penalties prescribed for such violation. . . Ordinance l50l-J, Page 4 Section 9. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance, or Ordinance 1501 or any amendments thereto, including this ordinance. Section 10. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this /~~day of ~ , 1989. CITY OF LA PORTE By:ib~~~ , orman Malone, a __ r ATTEST: By: eA~L~ ~ Cherle Black,City ecretary . . STATE OF TEXAS . . COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provlslons of-Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a Public Hearing at 7:00 P.M. on the 27th day of April, 1989, in the Council Chambers of the City Hall, 604 West Fairmont Par.kway, La Porte, Texas. The purpose of the Public Hearing is to consider assignment of permanent zoning classifications to the newly annexed areas which formerly comprised the Bayshore Municipal Utility District. A regular meeting will be held following the public hearing for the purpose of acting upon the public hearing item by considering a recommendation to the La Porte City Council and to conduct other matters pertaining to the Planning and Zoning Commission. Maps showing the proposed zoning will be available for public viewing at the City Hall of the City of La Porte, on week days beginning April 17, 1989, between the hours of 8:00 A.M. and 5:00 P.M. 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 Cherie Black City Secretary EXHIBIT A .. . PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS TO BE ASSIGNED TO PROPERTY ANNEXED INTO THE CITY OF LA PORTE BY ORDINANCE #1626 EXHIBIT C . . FOREWARD On December 12, 1988, the City of La Porte, by Ordinance 1626 (See Exhibit A), annexed the former Bayshore Municipal Utility District (BayMUD). This annexation became effective at 12:01 A.M., December 31, 1988. As required by City Zoning Ordinance 1501, a temporary classification of R-1, Low Density Residential Zoning was assigned to all property wi thin the annexed area. In order to comply with the requirements of both the Zoning Ordinance and State law, the City must assign permanent zoning classifications to all property located within the annexed area by a date, no later than 180 days following the effective date of annexation. This date is June 28, 1989. The assignment of zoning classifications cannot be made on an arbitrary basis, nor can they be based solely on existing patterns of land use. Zoning must rather, be based upon the Comprehensive Plan of the City of La Porte. Integrat ion of a newly annexed area into the goals of the Comprehensive Plan is therefore the first prerequisite for assigning permanent zoning to any newly annexed area. At this point, it is appropriate to examine the relationship of the City's Comprehensive Plan to the Zoning Ordinance. This can best be done by a quoting from Article One of Ordinance #1501. . . Preliminary Zoning Page 2 The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare of the City of La Porte. They have been designed to lessen congestion in the streets, to secure safety from fire and panic and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and publ ic fac il i ties. They have been made to reasonable consideration, among other things, for the character of the distr ict, its pecul iar suitability for particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the City (Sec. 1-200). It is the policy of the City of La Porte that the enforcement, amendment, and admin istrat ion of the Ordinance be accomplished with due consideration of the recommendations of the Comprehensive Plan as the Policy established the City of La Porte Planning & Zoning Commission and the City Council of the City of La Porte respectively, to regulate land use and developments in accordance with the policies and purposes herein set forth (Sec. 1-300). In keeping with these goals and principals, the Planning & Zoning Commission, aided by the City Attorney's office and City Staff has developed a plan for integrating the newly annexed BayMUD area into the City of La Porte in a manner that will protect and enhance the character of the area, serve the best interests of the entire City, and maintain the Comprehensive Plan's status as a rlliving documentrl which will continue to serve as a rltemplate for future planning decisionsrl (1984 Steering Committee report to City Council). . .. Preliminary Zoning Page 3 The plan proposed by the Commission is comprised of three major components. These are: 1. Land Use Plan (Exhibit B) 2. Parks & Recreation/Conservation Plan (Exhibit C) 3. Zoning Map (Exhibit D) For the purposes of this report, the newly annexed territory has been divided into four areas (See Exhibit E). The Comprehensive Plan considerations which led to the presently proposed zoning classifications are discussed for each area. AREA I (See Exhibit E) Area I is comprised of approximately 225 acres. The bulk of the area, which is largely undeveloped, lies within an "A" flood zone. This area is further characterized by the presence of relatively large single ownership tracts. Street & Thoroughfares: Access to this property is limited to McCabe Road (secondary arterial) and Highway 146 (Controlled Access highway). There are presently no developed streets to provide access to the interior sections of this area. . . Preliminary Zoning Page 4 Utilities: Potable water is presently available to this area from three points; McCabe Road, South Broadway, and the portion of the La Porte/Shoreacres City limit line located to the south side of this area. There is no interior water distribution system. While sanitary sewer lines are presently located along McCabe Road and South Broadway, these lines are already operating near full capacity. Due to their age and condition they are subject to major storm water infiltration during bad weather. There are presently no sanitary sewer lines serving the interior sections of this area. While the sanitary sewer system serving this area may be capable of accepting a limited amount of additional loading, it cannot accept the amount of effluent which would be generated by a large development. Additional sanitary service which could serve both this area and tracts located further north has been tentatively proposed. Service would originate at a lift station to be located on McCabe Road and proceed northward along the west side of the Bay Forest Golf Course to the City's sewage treatment plant. As noted this proposal is tentative and construction within the near future is not foreseen. As with potable water, fire protection (hydrants) is not presently available to the interior sections of this tract. . . Preliminary Zoning Page 5 Parks & Recreation/Conservation Areas~ The portion of Area I located west of Highway 146 is proposed to be incorporated into existing park zone 8. There are no existing or proposed areas of residential development located within this park zone. A pedestrian trail and small park (to be located at Powell road and the planned extension of Wharton Weems) are proposed for the original portion of Zone 8. A total of 18.8 acres are to be devoted to this park/trail complex. No additional facilities are proposed for the Zone 8 Extension. The portion of Area I bounded by Highway 146 on the west and Taylor Bayou on the east is proposed to be joined with Areas II & III to comprise a new park zone which will be designated as Zone 18. Proposed Zone 18 presently contains approximately 4.7 acres of private park area (located in the Shady River, Bayside Terrace, and Bay Oaks Subdivisions). In order to achieve the 1/22.3 residential zone/park ratio targeted by the Comprehensive Plan, an additional 5.4 acres of park area will be required. The additional park acreage is proposed to be achieved by development of a pedestrian trail and conservation area paralleling Taylor Bayou and a small park to located by Taylor Bayou, south of McCabe Road. . . Preliminary Zoning Page 6 Land Use & Zoning: The following land use designations are proposed for Area I (See Exhibit B). 1 . -K-i4 - 1;.9 -W:igs- ~-t-y- -Res-i-d6nt-i-a-l-;--t.G- -~& - ;lee a te a - fl6-Ftfi- -&f--the -Shad-:r - -R-~- - -Subd-:i-SJ...:b&-i-on- - ~ - -T-a-y-l-or- - -Bayou- - -and- --Sou-th- -Rr-o-a.dwa-:r.... * 2. Low Densitv Residential; to be located between Taylor Bayou and Highway 146. 3. Commercial; to be located immediately south of McCabe Road between Highway 146 and Taylor Bayou. 4. Commercial/Industrial; to be located between Highway 146 and the western City limit line. ~~~-&&-H~gft-gefts~~Y-6esigAat~eft-~pe~e5e6-~~-~~ ~~~-e~--A~ea-~--will-~-85-~-e~teAsieA-~-tAe-~~-te-~~ ~~~~-des~gft8~ieft-~~~fl~~~--~~-fte~~ft-~--~~~-Reae.--~ ~ -wh-i-c-b- -i-s- -a- ~ -er-t-e-r-i:-a-l- -connecl-s- -d-:i:r-ect-l-y- -t-o- -&out-h- ~ (-a-~-a-~eeen~~~1-~~~~-~-bhe-~~~~-~-H~ghway-;~~-~~~~~~ kcee33-atghw~YT-to-the-we5t~--~he~e-~e~~~-~~~~~~~~-~-t-o- ~i-s--~~ea-and-~he~id-~~~~-~~~~-~~aff~e-gefte~ated-~-~~ de1ts-i:-17y- -ho-u-s-i-n-g- -d-ev-e-l-opmen-e-. * The add i tional parkland requ ired for Zone 18 will be taken from this area and will serve to buffer it from the property located immediately to the west which is proposed to be designated for commercial development. * PLEASE REFER TO APPENDIX A . . Preliminary Zoning Page 7 The portion of Area I located between Taylor Bayou's west branch and Highway 146 is proposed to be designated as PUD. The underlying land uses of Commercial and Low Density Residential will work in conjunction with PUD Zoning to call for an integrated commercial/single family residential development. Due to the lack of streets and utilities on this property and the types of surrounding development, PUD controls should serve the City's best interests. These controls will insure that sewer service is designed in a manner which will be compatible with the City's proposed sanitary sewer improvements; interior street circulation will be adequate and not disrupt traffic flow patterns envisioned by the Comprehensive Plan; and that development architectural standards are compatible and complementary to those currently in effect in the adjacent Shady River Subdivision. Finally, a PUD Zoning classification is proposed for the western- most section of Area I, located between Highway 146 and the western city limit line. Highway 146 is a major "gateway" to the City of La Porte. As a gateway to the City, architectural standards as well as efficient traffic flow patterns and utility design are critical to both the appearance and operation of the City. Again PUD controls appear to be the best tools for addressing these issues. As with the rest of Area I, this tract is a largely undeveloped and lacking in interior streets and utilities. Given the underlying land use designation of Commercial/Industrial and the previously discussed factors, a zoning classification of PUD appears to be the best means of achieving the goals of the Comprehensive Plan in this area. . . Preliminary Zoning Page 8 AREA II (See Exhibit E) This area, as indicated, is primarily comprised of the Shady River Subdivision. This subdivision is approximately 68% built out. Also located within this area are an apartment complex and approximately 14 commercial establishments. Street & Thorou~hfares: Area II is primarily served by South Broadway (secondary arterial) with McCabe Road (secondary arterial) serving as a connection to Highway 146 (Controlled Access Highway). The apartment complex and commercial establishments occupy relatively shallow tracts fronting on South Broadway. Additional streets do not appear to be needed to serve these developments. The Shady River street system is fully developed and although the only access to the subdivision is from South Broadway, the existing system appears adequate to meet the subdivision's present needs. There are three additional access streets which at present are only developed as far as the subdivision perimeter. They are: 1. Silver Springs, to the north; it appears that this street is intended to extend to McCabe Road as an additional subdivision entrance. 2. Longleaf and Hollowtree Avenues to the west; these streets appear to be intended to extend across Taylor Bayou to serve as connections to possible future Area I developments. . . Preliminary Zoning Page 9 Discussion of whether or not to extend ~ streets would be premature at this time. These decisions should be made as part of the process of reviewing future Area I developments. Utilities: As in Area I, potable water is readily available in this area. The sanitary sewer system although subject to the same problems discussed in Area I, appears to be adequate to serve the limited amount of future low density residential and commercial development possible in Area II. Although some upgrading of fire protection (fire Hydrants) may be necessary to accommodate future commercial development, the small compact size of the proposed commercial zone and the readily available water supply should prevent this from posing a serious development obstacle. Parks & Recreation/Conservation Areas: Area II will comprise part of proposed park Zone 18. There are two private parks presently located in the Shady River Subdivision. For additional discussion of Zone 18 parkland/conservation areas, please refer to the Area I section of this report. e e Preliminary Zoning Page 10 Land Use & Zoning: The land use designations proposed for Area II are as follows: 1. Low Density Residential 2. Mid to High Density Residential 3. Commercial The Low Density designation is proposed to encompass the Shady River Subdivision and be overlayed with a zoning classification of R-1 Low Density residential. The boundaries of this zoning district will track the subdivision perimeter. Shady River is a stable, viable subdivision, R-1 zoning overlaying a Low Density Land Use designation is the only reasonable means of protecting the subdivision's integrity. A Mid to High Density Land Use designation overlayed with a zoning classification of R-3, High Density Residential is proposed for the section of Area II occupied by the apartment complex. The R-3 zoning classification is proposed to track this complex's property on the north, west and south. To the east the zoning district will extend across South Broadway to encompass apartment and townhome complexes located in Area III. This zoning district will render these complexes conforming uses while precluding their possible future expansion into adjacent residential districts. A land use designation of Commercial with an overlying N.C. (Neighborhood Commercial) zoning classification is proposed for the property south of the apartment complex. This area is bounded by the . . Preliminary Zoning Page 11 Shady River Subdivision to the west and south and South Broadway to the east. This zoning district is presently occupied by three commercial buildings and there does appear to be room for limited expansion of these facilities. It is felt that N.C. zoning is most appropriate type of Commercial zoning for this area. This is due to the following facts. 1. The amount of developed and undeveloped residential property in the area is sufficient to warrant a small commercial district to serve neighborhood needs. 2. The concentration of General Commercial property and development located further north on South Broadway and Fairmont Parkway is sufficient to meet the City's needs for the foreseeable future. 3. General Commercial development in this area would tend to draw a higher volume of traffic than is desirable for either a residential area or a dead ended road such as South Broadway. 4. A review of the City's zoning map reveals the spacing between this proposed N.C. zone and the closest adjacent Commercial zone is consistent with the arrangement of other Commercial zones within the City. . . Preliminary Zoning Page 12 AREA III (See Exhibit E) Area III encompasses The Pine Bluff, Bayside Terrace and Bay Oaks Subdivisions as well as three Apartment/townhome complexes, approximately fourteen commercial establishments, the Bayshore Elementary school and the private Beacon School. Street & Thoroughfares: Area III is primarily served by South Broadway (secondary arterial). While Broadway provides adequate access to and from Area III, there are problems with interior subdivision streets in this area. Al though these problems are not limited to Bayside Terrace, they can be clearly seen in this subdivision, making it an excellent example. Bayside Terrace is a 285 lot subd i v ision which, at present, is approximately 70% built out. Bayside Drive provides the only access to the subdivision at this time. All the north/south streets in Bayside Terrace are platted as forty foot wide rights of way. The actual surfaced width of a typical street often does not exceed twelve to sixteen feet with the remainder of the right of way being devoted to drainage ditches and utilities. Several homes in the older portion of the subdivision are located very close to the right of way line. Widening these streets in a safe and effective manner would involve careful and extensive engineering as well as a very large capital outlay by the City. . . Preliminary Zoning Page 13 Another street related problem faced by subdivision residents is limi ted access to the Bayshore Elementary school. La Porte Independent School District does not provide bus service to this subdivision. As there are no communicating streets or easements between Bayside Terrace and adjoining subdivisions, children whose parents cannot provide them with transportation are forced to walk out of the subdivision and along South Broadway to reach Bayshore Elementary. As noted, street problems are not limited to Bayside Terrace. It is only cited as a specific example of the typical types of problems that will ultimately require the City's attention. Utilities: The utility situation in Area III is much like that noted in the Areas I & II sections of this report. Potable water is readily available. Fire protection (fire Hydrants) and sanitary sewer, while adequate for current needs and able to support a limited amount of additional low density development, are not capable of handling a major increase in demand. While this does not pose a serious problem for Area III per se, the fact that this area shares a common sewer system with Areas I & II causes sewer service to be a North BayMUD problem. Any additional system loading originating in Areas I, II, or III will impact the other areas as well. For additional discussion of the sanitary sewer system, please refer to the Area I section of this report. . . Preliminary Zoning Page 14 Parks & Recreation/Conservation Areas: Area III is to be included in proposed Park Zone 18. There are currently three private subdivision parks located in Area III. Two are located in Bayside Terrace and one in the Bay Oaks Subdivision. There are no public or private park facilities located in the Pine Bluff Subdivision. For discussion of additional park facilities, please refer to the Area I section of this report. Land Use & Zoning: The following land use designations are proposed for Area III. 1. Low Density Residential 2. Mid to High Density Residential 3. Commerc ial The Pine Bluff Subdivision is proposed to be included in the Mid to High Density land use area that currently runs from South "Rn Street southward through the Crescent View Subdivision. An overlaying zoning classification of R-1, Low Density Residential is proposed for Pine Bluff. While the zoning and land use designations, on the surface appear to be somewhat inconsistent with each other, they are based on long term planning goals. The ultimate goal of the Comprehensive Plan is to maximize use and enjoyment of the Bayfront area by encouraging mid to high density residential development. This will require redevelopment of neighborhoods which are nearing the end of their . e Preliminary Zoning Page 15 economic life. The resulting higher density developments will allow a greater number of residents to benefit from the natural amenity of Galveston Bay as well as nearby City recreational facilities. It must be noted however, that simply zoning a tract of property as R-2 or R-3 will not automatically lead to desirable redevelopment. As noted in previous sections of this report, the existing infrastructure (streets, ut il it ies, etc.) of much of BayMUD and "old II La Port-e as well requires upgrading and/or redesigning. Until either the City, or a private developer is in the position to make these improvements, redevelopment simply is not practicle. The Mid to High Density land use designation therefore reflects the long term goals of the Comprehensive Plan, while the R-1 zoning classification provides the best means of property control in the interim period. The proposed R-3 zone discussed in the Area II section of this report will extend eastward across South Broadway to include the apartment/townhome complexes located between Pine Bluff Road and the southern boundary of the Bayside Terrace Subdivision. This zoning district which is to overlay a Mid to High Density land use designation will track the property lines of these complexes. This zoning classification will render these developments conforming uses while precluding the possibility of their future expansion into adjacent residential districts. A land use designation of Low Density Residential with an overlaying zoning classification of R-1 low density residential is proposed for both the Bayside Terrace and Bay Oaks Subdivisions. . e Preliminary Zoning Page 16 Bayside Terrace is a stable, v iable single family neighborhood. It shows every indication of remaining as such for the forseeable future. Although there are neighborhood problems to be addressed, as noted in the street and thoroughfare section of this report, the subdivision itself should be protected and preserved. R-1 zoning with underlying Low Density land use is the appropriate means for accomplishing this end. Although the Bay Oaks Subdivision is subject to many of the problems found in Pine Bluff, it is felt that R-1 zoning with underlying Low Density land use is the most appropriate designation to be applied here. This opinion is held for the following reasons. 1. Bay Oaks is a deed restricted neighborhood and the subdivision civic association is working to bring the neighborhood back into compliance with subdivision covenants. 2. The subdivision is confined to a relatively narrow tract of land and is sandwiched between Bayside Terrace which is proposed to remain as R-1 and the City of Shoreacres which also has zoned its adjacent property for single family dwellings. After weighing these considerations, it is felt that R-1 zoning with underlying Low Density land use will best serve to maintain the character of the area and will still provide the tools necessary for an upgrading of this neighborhood's quality. A small Neighborhood Commerc ial (N. C.) zone with an underlying commercial land use designation is proposed for the area located between the southern boundary of Bayside Terrace and Bay Oaks Drive. . . Preliminary Zoning Page 11 Although this zone cannot be physically joined to the N.C. zone proposed for Area II, its close proximity will allow the two zones to function as a single N. C. area. For add it ional discuss ion on N. C. zoning and Commercial land use, please refer to the Area II section of this report. AREA IV (See Exhibit E) There are two single family subdivisions, a townhome complex, one small office building and a tract of primarily undeveloped acreage located within Area IV. This area is located south of the City of Shoreacres and is completely seperated from the rest of the former BayMUD area. Street & Thoroughfa~ The western section of Area IV is acessed from South Broadway (secondary arterial) which dead ends at the Port of Houston's Bayport Turning Basin. The eastern section of this area can only be accessed through the City of Shoreacres. Maps presently in the City's possession indicate a proposed extension of Bay Colony Drive eastward across Boggy Bayou to connect with North Avenue and South Broadway. No plans have yet been made to extend this street. Access to the . . Preliminary Zoning Page 18 western portion of Area IV is an issue which will require future consideration. The interior streets serving the subdivisions located in this area appear to be adequate to serve present needs. Utilities: Potable water is readily available throughout Area IV. Fire protection (fire hydrants) appears to be adequate for present needs but will require upgrading to accommodate future development taking place outside the platted subdivisions. The system of sanitary lines serving Area IV is independent of the system serving the northern portion of the former BayMUD area. While this system is capable of accepting further loading from a limited additional amount of low density development, due to its condition the system is subject to serious infiltration of storm water during bad weather. This factor restricts the amount of additional loading the system is capable of accepting. Future development to be located outside the two plated subdivisions located in Area IV is therefore not practical until repair of upgrade of this system takes place. Parks & Recreation/Conservation Areas: A new Park Zone, Zone 19, is proposed to encompass Area IV. There are presently two private subdivision parks located in this area, one located west of Boggy Bayou in the Shady Oaks Subdivision, the other located on Galveston Bay in the Bay Colony Subdivision. The total area devoted to parkland comes to 2.8 acres. Based on the e e Preliminary Zoning Page 19 approximately 123 residential acres located in this area, an additional 2.7 acres would be required to meet the 1/22.3 parkland/residential zone ratio required by the Comprehensive Plan. Addi tional parkland would have to be dedicated in the undeveloped acreage proposed for PUD zoning. Land Use/Zoning: The land use designations proposed for Area IV are: 1. Low Density Residential - -~. - - -M-i-G- -trG- -H-i-gb- -Dens-:i,.1;.y.. ~:i:46n-t-i-aJr * R-1, Low Density Residential zoning overlaying a Low Density Residential land use designation is proposed for the Bay Colony Subdivision. These designations will complete a pattern of single family development which begins with Bayside Terrace to the north, extends through the City of Shoreacres, and terminates at the Bay Port Turning Basin. As with Bayside Terrace, Bay Colony is a stable, viable single family neighborhood. It is also a deed restricted subdivision. These factors justify maintaining the R-1 zoning presently in effect. R-1 zoning with an underlying land use designation of Low Density Residential is also proposed to be maintained in the Shady Oaks Subdiv ision. The Shady Oaks Subdi v is ion is characterized by large wooded lots, approximately 40% of which are undeveloped. There is a very low degree of non conforming use located in this neighborhood. These factors, when combined with the previously noted pattern of *PLEAS$ REFER TO APPENDIX B e . Preliminary Zoning Page 20 single family development extending southward from Bayside Terrace justify maintaining the R-1 status of this neighborhood. -r-he- ~-on- -&f- -A-re-a- -I~ -l~-ng- ~ -the- -Sa-y-- .co.l-ofW- -an4- ~- ~ ~~~~~-~-ppepe&ee-te-~-~-as-PijD-~~-&~-YRQe~~~iRg-4~ ~-~~4~fl~~4~--ef--M~e--~-~~~-DeR~4t~--Res~QeBt~a*r---~~-~~ ~~i~-a-~~--tewftfte~&e-~I~--~aeatea-~~-~~--CQ1QB~-~ ~i~-~~~~~.---~fte--~&~~~--&f--tRe--&e&&~~-4~-~eeatea--W&s&-~- ~~~.--~~~~~-~ee~~&~-eeft&a~ft&-5~*-s4flg~e-~~m4~~-~ ~-~-~~~--~~~~~--~e5tti~e--w~tA--agp~e~~t~pa~--~~~~G~~~Sr---~~-4~ -o-therw-i~ -u-n-d-e-v-e-I-op-ed-.- ~~-4~--~~~-~~-~U~-~~~-QgRt~ols-~-be~L--se~~e_~ -~~-e~-~~~-~~~~-~~~g~~o~boo~s-~~~-~-Ci~~-as-~~. -~-eeHtpe~s-~-l-l--~~~e-~~~-~~~~-aQeqYate-~~~-o!-~~lopmenL -~-~~~~--as-~~-~~4--yt~*~t~es-~-~~--w~~~b-~-iR-~ -}nt~~-~~~~--e~--~~-~~~~-at-~~r-~-weJJ--a$-~~~ ~~~-e~e~-~~~,-a~eh4teetY~aJ-~~r-pa~kJa~Q-~~~r -a-n-d- -acee-s-s- -t-G- -Bogg-y- -B-a-yGU-.- * This concludes the preliminary report regarding zoning and Comprehensive Plan issues regarding the newly annexed areas of La Porte. This report represents the best efforts of the Planning & Zoning Commission, City Staff, and the City Attorney's office to integrate into the City's Comprehensive Plan, this newest area of La Porte. *PLEASE REFER TO APPENDIX B . . Preliminary Zoning Page 21 The La Porte Planning & Zoning Commission endorses this report as ammended by appendices A & B as an appendix to the City's Comprehensive Plan. April 27, 1989 . Respectfully Submitted, ~ Graves, Chairman, Planning& Zoning Commission !' ,Ii _ j:;,.;, e II!: ORDINANCE NO. 1626 ili .\ i.!. 1~1AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, I!~ ;'fEXAS, TO EMBRACE AND INCLUDE TERRl'fORY WITHIN CERTAIN BOUNDARIES In COMPRISING THE BAY SHORE MUNICIPAL UTILITY DISTRICT; ANNEXING TO THE Ild.CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING [I;.A SERVICE PLAN FOR SUCH TERRITORY; MAKING FINDINGS AND O'rnER l:PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING SAVING AND i i SEVERABILITY CLAUSES. fii BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: IL Ii. Section 1. The City of La Porte has hetetofore adopted a Home I: ! I (Rule Charter granting the City Council the power by ordinance to fix . , ji:the boundary limits of the City of La Porte and to provide for the I I II.extension of said boundary limits, and the annexation of additional it! l~'territory lying adjacent to the City. This annexation proceeding is I. I,. l! conducted pursuant to the authority granted by said Home Rule f: . :11 Charter; by Article 1175, Revised Civil Statutes; and by the 1, : 1~(::::':::e::::::t:::e:C:n::.::::: :::P:::d,::,:::P::: ::: :::::"t. 11~.to annex municipal utility district by a home-rule municipality, li~ontained in Section 43.072, Texas Local Government Code. ,1:1 II: Sec~ion 2. The City Council of the City of La Porte hereby ~ I I !;'finds, determines and declares that the hereinafter described . I '1 I territory is composed of two (2) tracts, one of which is adjacent i Ii .... \> '. ~I' and contiguous to the present city limits of the City of La Porte, , I I' . ,! and the other of which is not contiguous to the City of La Porte; I; . !!and that said territory lies within the exclusive extraterritorial I ! i 1~;?UriSdiction of the City of La Porte, and that the annexation of II !'said territory to the City of La Porte will promote the general II;.. !~health, safety and welfare'of persons residing within the City and I.: 'II 'i~~ithin the hereinafter described territory. Hi. Sectio!!...l.. 'fhe City Council of the City of La Porte has IPheretofore, on August 22, 1988, passed and approved Ordinance No. \~~596, directing the City's Department of Community Development to iliprepare a Service Plan that provides for the extension of municipal , I Ii \~SerVices to the area comprising the Bayshore Municipal Utility i/:District, proposed to be annexed by the City of La Porte. ir~ The City Council of the City of: La Porte has heretofore, on 'I! l~~ePtember 12, 1988, passed and approved Ordinance No. 1602, Ill; :1. ill' . ! I: J EXHf91T A !~. :11 I :: r , f lll;.~RDIN^NCE NO. 1626 I' !i!upprOVing a Service Plan for the extension of municipal services to j;the area comprising the Bayshore Municipal Utility District, , , !~proposed to be annexed by the City of. La Porte, as prepared by the I' . !1\CityIS Department of Community Development. I j 111 The City Council of the City of La Porte has heretofore, on 'I; I", . lf~ctober 10, 1988, passed and approved Ordinance No. 1609, declaring :/'!its intention to institute proceedings to annex the hereinafter I.: ' j';desccibed territory, comprising the Rayshore Municipal Utility I ! : I'. . I jD1St[lct. : I. !;NOVember 7, 1988, at the Bayshore Elementary Cafetorium, 301 Bay I . I, :1:9aks, La Porte, Texas, being a location within the territory i i: 1 :proposed to be annexed, and on November 14, 1988, at the City Hall Ii, i~~f the City of La Porte, at which public hearings all interested q l~parties were given an opportunity to be hear~, and the proposed I Ii I I'hservice Plan was made available for public inspection and explained .il.; !'llto the inhabitants of the Bayshore Municipal Utility District. I'. !~~otice of such public hearings was given by publication of Ordinance j~~o. 1609 in the Bayshore Sun on October 26, 1988 and November 2, Ii: I ,~~ 988, ~ \ \ ifor te I". iihearings were arl in conformity with the Municipal Annexation Act of i! : i!~963, codified as Chapter 43, Texas Local Government Code, as II i.~mended. 1 i Ii: Section 4. ! r ,;institutes annexation proceedings as to the following described I: : jlterritory, and the same is hereby declared annexed to the City of La , I i. !Iiporte, 'l'exas, and the boundary limits of the City of La Porte, Ili{exas, be, and the same are hereby, extended to include the l'following described territory within the city limits of the City of I. i ,: ~ILa Porte, and the same shall hereafter be included within the ! I ' :;~erritorial limits of the City of La Porte, and the inhabitants i:thereof. shall hereafter be entitled to all rights and privileges of j l,. ! !other citizens of the City of La Porte, and they shall be bound by \l\~he acts, ordinanccs, resolutions and regulations of the City of La 'e I; , \ :; I; : 1 ~:, EXHIB1T A .I! . e Pagc 2 Two public hearings wcre called, and were held on said newspaper having general circulation in the City of La "'. , and in the ter~Jtory proposed to be annexed. Such notices and The City Council of the City of La Porte hereby ~ -I' Ii H~ ~ (1~RDINANCE NO. 1626 t l~ . [I t 1 l~orte, effective December 31, 1986, the completion date of ,I: II~nnexation proceeding. J11 Section 5. Subject to all sections of this ordinance, the ~ I 1 ll~orporate limits of the City of La Porte, Texas, are hereby extended ! Ito embrace and include all of the territory within the boundaries i !. ljset out in Exhibit "B", which exhibit is attached hereto, I' i, iincorporated herein by this reference and made a part hereof for all II. l;purposes, and such territory is hereby annexed to and made a part of :.! ' I :~he City of La Porte, Texas for general purposes, effective December ! -i", ,:31,1900. II. ::. Section 6. i! --- l!~oundaries set out in Exhibit "B" is hereby approved as part of this : \1, . ; ,ordlnance. ! I i lattached hereto, incorporated herein by this reference and made a 1: , !}~art hereof for all purposes. 1'1', I: II' I in anywise affect any other ordinance annexing territory to the City i I I'of La Porte, or any other ordinance heretofore passed on one or more if; il.readingS and not yet passed on final reading, annexing any territory ! ' .... " " !\I~~o the City of La Porte, but such other ordinance or ordinances I I, ... lllshall remain and continue to be effective to their intent and I l' Jti~urpose as therein stated, wholly unaffected in any way or manner by 'Ii : IJ~hc passage of this ordinance. This ordinance shall not in anywise I ..' . . \. ,be lmpalred or affected by ~ny other ordinance heretofore introduced '\' .lor passed on any reading, whether final or not; nor shall it be I' I !~ffected by any other ordinance which may hereafter be introduced or II' lJpassed on one or more readings, pending the final passage of this ii" !~~rdinance; and this ordinance shall be effective to its intent and lJi l~purpose as hereinabove stated, wholly unaffected by any other 1,.1.: . I. I~~nnexation ordinance introduced and passed or hereafter introduced l~~nd passed on any reading, whether final or not final, annexing ;~~erritory to the City of La Porte, and wholly unaffected by any 1/1 j,iordinance heretofore or hereafter passed calling a hear ing and i~~iving notice relative to the institution of any annexation IlL i. d\ I: ; ! I: I! '. / . . e . ". Page 3 ~ this ,~ A Service Plan for the territory within the Such Service Plan is set out in Exhibit "A", which is This Ordinance shall not repeal, impair, modify or Section 7. .0 , .! ", ., fi:}.{H'!Bru" At !: i li:~ ; . . I I.. . 11\ ,: i!!~RDINANCE NO. 1626 ,'1. Il~roCeedings. The procedure initiated hereby and the annexation l~roCeedingS instituted hereunder shall be independent of any other I,~roposed and pending annexation of such territory, and such other I I.. II ! proceedings shall not be affected hereby. ! 1. II': . Section 8. I r. I ~nd its City Council to comply with all applicable provisions of the . [ ! i: !Aity Charter and of the Constitution and Laws of the Federal :.' . I~overnment of the United States of America and the State of Texas, I~~nd this ordinance shall be interpreted and construed in harmony 'li~thereWith . n' l~! Section 9. The City Council officially finds, determines, jr.:ecites and declares that a sufficient written notice of the date, jl),. l~~our, place and subject of. this meeting of the City Council was Irposted at a place convenient to the public at the City Hall of the I! l City for the time required by law preceding this meeting, as In. d b hOt' Lt' 1 6252 17 T . d l~equlre y t e pen Mee lngs aw, Ar lC e -, exas ReVlse 1; Civil Statutes Annotated; and that this meeting has been open to the p, ipublic as required by law at all times during which this ordinance Iii Ij~nd the subject matter thereof has been discussed, considered and ! . I '- " .. ! kormally acted upon. ~The City Council further ratifies, approves : I. .. : ~nd confirms such written notice and the contents and posting ii, 11 i (thereof. I~: Section 10. II' 1 J i 'Iheld unconstitutional, illegal or invalid, or the application I, , I~~~hereof. ineffective or inapplicable as to any territory, such i~nconstitionality, illegality~. invalidity, or ineffectiveness of I:'; j,'such section or part shall in no wise affect, impair or invalidate j i, itlthe remaining portion or portions, the same shall be and remain in I . I I . f b li~ull force and effect; and sh~uld thlS ordinance or any reason e liincffective as to any part of the territory hereby annexed to the 11 : ii~ity of La Porte, such ineffectiveness of this ordinance as to any ll. rf~UCh part Or parts of any such territory shall not affect the I~ffectiveness of this ordinance as to all of the remainder of such :1:~1erritorY, and the City Council hereby declares it to be its purpose iii' IIf. i' ; ~. t qi.; ~ .: or. . . Page 4 It is the intention of the City of. La Porte, Texas, Should any section or part of this ordinance be EXHIBIT ~ e e I , . . ~ I}~RDINANCE NO. 1626 I. I" . \t~o annex to the City of La Porte every part of the territory " : it~escribed in Exhibit "Bn of this ordinance, regardless of whether ll~ny other part of such described territory is hereby effectively , I li~nnexed to the City. Provided, further, that if there is included !:~n. the description of the territory set out in Exhibit "B" of this 116rdinance to be hereby annexed to the City of La Porte, any lands or ! i i llicirea which are presently part of and included within the general i t I i!limits of the City of La Porte, or which are presently part of and 11, tincluded in the limits of any other city, town, or village, or which i, ~re not within the jurisdiction or power of the City of La Porte to l~nnex, the same is hereby excluded and excepted from the territory f! : lito be hereby annexed as fully as if such excluded and excepted area III !~ere expressly described herein. JP I ~ouncil of the City of La Porte to annex to the City of La Porte, 1,1: lr;~ll of the territory comprising the Bayshore Municipal Utility ,'. " 110 is t rict. I' , I' l'r!~ Section 11. t/ :i Irnd approval. The annexation proceeding approved by this ordinance pr(hall be effective D~c\oem.~er 31, 1988. 1\; Ii' I, " i.: I! i ! I' I I . . II: : 1 p j ~LEST ,. I~'; i i) ...1 h1 1\': ''llU~ ~c..b \~i y Secretary l' '. t I.. l'~ j ',' j~~PROVED: ~ Ir~ )-~ cd tt;g:~ ('C,ity Attorney I'j p II ~ n 11 di ! j: : ' Page 5 It is the intention of the City This ordinance shall be effective upon its passage PASSED AND ~PPROVED, this 12th day of December, 1988. CITY OF LA PORTE BY 'EXHIBIT A ..~ " .i Ii. ji)" .1; . Iii ; I. i: . I; ; I' , J I' I ' Ii. II! I !; Ii j! , . I I.: ' Ill' j 11 1. r l~i This Service Plan ("Plan") is made by the City of La Porte, IpTexas ("City") pursuant to Section 43.056, of the Texas Local I~Government Code ("Code"). This Plan relates to the annexation by I ','the City of a tract of land ("Tract") comprising the Bayshore IIMunicipal Utility District. The Tract is described by metes and : ibounds on Exhibit "B" which is attached to this Plan and to the I' j~nnexation ordinance of which this Plan is a part. I, itII. TERM; EFFECTIVE DATE 1'1i This Plan shall be in effect for a term of ten years }~ommencing on the effective date of the annexation of the Tract. /:Renewal of this Plan shall be at the discretion of the City. Such f~opiton may be exercised by the adoption of an ordinance by the City I!Council which refers to this Plan and specifically renews this Plan Ilfor a stated period of time. ',III. SERVICE PROGRAMS 1,1 i; A. In General. This Plan includes two service programs: (i) I !the Early Action Program, described below, and (ii) a Capital I' llImprovement Program, described below. !i~ B. Scope and Quality of Services. Services under this Plan I I. - - '(shall equal or exceed the number of services and the level of !(services in existence in the Tract prior to annexation. However, it i~liS not the intent of this Plan to require that a uniform level of llserviccs be provided to all areas of the City (including the Tract) ;,where differing char~te~istics of topography, land utilization and I 'population density are considered as sufficient basis for providing ::differing service levels. .!;~,.~.,: ; C. Definitions. : i: III 1. As used in this Plan, providing services includes iJhaving services provided by any methods or means by which the City il,~xtends municipal services to any other area of the City. This may i [include causing or allowing private utilities, governmental entities J 'and other public service organizations to provide such services, in ". ~ ~hole or in part. I!: . 2. As used in this Plan, the phrase "standard policies and If 'procedures" means those policies and procedures of the City ,rapplicable to a particular service which are in effect either at the l!time that the service is requested or at the time that the service ilis made available or provided. The policies and procedures may 'Irequire that a specific type of request be made, such as an 11application or a petition. They may require that fees or charges be Ilpaid, and they may include eligibility requirements and similar i !provisions. \" .1l: !Ii. !f~~ 1. Statutory Services. The statutory services will be !]provided within the Tract within sixty days af~er the effective date 1(19f this Plan, except as otherwise indicated. The statutory services 11~re as follows: (' ill!. ; i I~ . e EXHIBIT "A- Page I of 4 THE SERVICE PLAN FOR A TRACT OF LAND COMPRISING BAYSHORE MUNICIPAL UTILITY DISTRICT INTRODUCTION D. Early Action Program. EXHIBIT A i , 1 .) 1 , I i I i I I ! I .I ~ ,f :1 , ", .:j . -, :t. :, ~~ ,I ....' .1 j I I ,) , i j ) ;) J i I i 1 ! 1 i j } .1 .! ~l I 1 " .j I J . .1 ! ; I ., . .,1 J 1 I I ! I~ . , . , . . I,. I . il. ~ o. I. i, ! I! Iii i) : t : a. Police Protection. The police Department of the I. City will provide protection and law enforcement in the Tract. !JThese activities will include normal patrols and responses, the ','handling of complaints and incident reports, and other usual and I ,customary police services. II! 11. b. Fire Protection. The Fire Department of the City liwill provide fire protection in the Tract. I I. I~: c. Solid Waste Collection. Residential collection ! !services will be provided by City forces. Non-residential services "land future residential service will be governed by standard policies land procedures. if. d. Maintenance of Water and Wastewater Facilities. I:Those water and wastewater facilities included in the Capital I~Improvement Program, below, will be maintained by an appropriate I~division of the Department of Public Works or, for a limited period ,'ljOf time, by the Dayshore Municipal Utility District which is to be !dissolved. Should any extensions of such facilities be made within itthe Tract, normal maintenance servcies will be provided. I. ! I lj~ e. Maintenance of Public Roads and Streets J ;.Lincluding lighting). 'fhe Department of Public Works will provide lIimaintenance of roads and streets over which the City will have iltjurisdiction. (See Capital Improvement Program, below.) The City ihof La Porte will provide services relating to traffic control I~devices for such roads and streets, and will maintain existing i~PUbliC street lighting for such public roads and streets through the 'liHouston Lightin & Power Company or by other means. !I~ f. Maintenance of Parks, Playgrounds and Swimming liPools. There are no existing Public Park facilities to be ,:marntained. Should any such facilities be constructed by the City II~ithin the Tract, the Department of Parks and Recreation will ,!provide maintenance services for them. 'I; '-" If.:. g. Ma1nte~ance of Any Other PubliCly-owned Facility, jl~Building or Serv~ce. Any other publiCly-owned facility, building, . .:orse~vic~ included in the ~apita~ Improvement Program, below, will I~be malntalned by an approprlate Clty department, as needed; unless l,:such publicly-owned facility, building, or service, is dedicated to, ~owned by, or provided by other public agencies. Should any such Ineacilities, buildings or services be constructed or located by the ,ijCity within the Tract, an appropriate City department will provide /l!maintenance services for them. r ,. . I'~l 2. Additional Services. Certain services, in addition to II!the statutory services, will be provided within the Tract to the lisame e~tent they are provided to similar territories elsewhere in t.the City. These are as follows: if!; a. Library services from existing facilities and i:future facilities outside the Tract. I:' 1\1 II: b. Health services in accordance with standard iipolicies and procedures. I:.: c. Emergency rescue and ambulance services by the .,leity's Emergency Medical Services Division, in accordance with : Istandard policies and procedures. I: . ii d. Enforcement of City codes and ordinances. II: W It: :" ; II! Ii. . e EXHIBIT RAn Page 2 of 4 EXHIBrr A ..\ , I' :{.. '1. J; l I!: j; I:. I- , I: 1: i: .j: J 1 r ~ .f 1 ~; , I I { .~i I -f i I :1 I. '.' \. " t i. ! i. i ~~ .! ..j .J " .If "j J .:~ :1 "1 .~ i , .} -~ I l i I I ) '1 .J I J J l j .~ " 1 .~ "j t I '\, i/. ')' I, ili ,. . !n ,.. 'I. . 11; i~ E. Capital Improvement Program. The City will initiate the 11~'construction or acquisition of capital improvements necessary for ~ providing municipal services for the Tract. Those improvements III which are necessary are indicated below, and any necessary l I construction or acquisition shall begin within two years of the \ij effective date of this Plan, except as otherwise indicated, !!!~ 1 I' , l' . f h 1ft- . Po lce Protection. Po lce protec~lon or t e Tract can I~ be provided by using existing capital improvements. Additional 1~~aPital improvements are not necessary at this time to provide ,"police protection to the Tract. However, the Tract will be included i: with other territory in connection with planning for new, revised or I~~expanded police facilities. I: , I: i 2. Fire Protection. Fire protection for the Tract can be I r provided by using existing capital improvements. Additional capital I., improvements are not necessary at this time to provide fire I protection to the Tract. However, the Tract will be included with 14'other territory in connection with planning for new, revised, or li'expanded fire-fighting facilities. I! Ii I: 3. Solid Waste Collection. No capital improvements are , I necessary at this time to provide solid waste collection services I' within the Tract as described in the Early Action Program. However, f the Tract will be included with other territory in connection with 1~.Planning for new, revised or expanded solid waste facilities. II 4. Water and Wastewater Facilities. Those water and ,./wastewater facilities (including any under construction) owned by , I Bayshore Municipal Utility District will be acquired by the City. I~ Future extensions of public water or wastewater facilities will be ~~ governed by standard pOlicies and procedures, and the Tract will be ii,included with other territory in connection with planning for new, I i'revised or expanded public water and wastewater facilities. With i~ respect to utility district facilities and utility district funds to 1, be acquired the City will: i ~ , \., " .. Ii a. assume all reasonable commitments and contracts : l made by the district in the ordinary course of business prior to the Ij dissolution of the district, conditioned upon sufficient capacity I having been provided for by the district; . . EXHIBIT "A" Page 3 of 4 it b. assist the district with bond approval and sale for !planned capital improvements which are in keeping with the City's \water and wastaewater systems; i i c. expedite the approval of plans and bond !'applications in order to meet the time constraints imposed by !I,~nnexa~ion and the dissolution 6f the district; l;' d. allow the district's residents and property owners, Idwho have or would have contributed to the retirement of district ll~ bonds prior to annexation, a reasonable opportunity to obtain the I! use of utility capacity of the district's bond funds have been used l~to pay for such capacity; and. III l~: e. expend unobligated proceeds of the district's bonds 1~~or projects which are consistent with the purposes for which the II' proceeds may be lawfully used, which may include providing water, 1,lwastewater or drainage services for residents and properties within ,. t the boundaries of the annexed district, such projects to be .lundertaken in a timely manner. I 1 ' :r II the ! l.and I:. J; . i i.1 .\. I!. 1'1 I{ 1 t. 5. Roads and Streets (including lighting). In general, City will acquire dominion, control, and jurisdiction in, over under public roads and streets within the Tract upon annexation, EXHIBiT Ii L I: II > , I'.: 'a,!: .{i" .r .~, .1.' .!, It: ., .::... :r ~: ,~. '( ,l, ..t .'J. f I: t- \1 'f! I \, J .~ . .~. ; l ':' ;. r ) i. . 1- i I. I: r f :"( I. .,' i: I 1 ! j' t" . 1. t i, J l I ,< 1 j. 1 I' . r ! f. . I; : I! : I I'i II' . I ,I: II: pursuant to art. 1175, V.A.T.S., and similar provisions, subject to I~he jurisdiction of other governmental entities. Additional roads, !streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices J lor street lights will be governed by standard policies and procedures. The Tract will be included with other territory in J~onnection with planning for new, revised, wide~ed or enlarged I roads, streets or related facilities. . .~; 6. Parks, Playgrounds and Swimming Pools. These services I!~an be provided by using existing capital improvements. Additional lpapital improvements are not necessary at this time to provide such II.r.ervices to the Tract. However, the 'rract will be included with I p~her territory in connection with planning for new, revised or r~;Xpanded parks, playgrounds and swimming pools. Illl 7. Other Publicly Owned Facilities, Buildings or Services; jAdditional Services. In general, other City functions and services, I. ~nd the additional services described above, can be provided for the Tract by using existing capital improvements. However, those 1~~ainage facilities (including any under construction) owned by I' payshore Municipal Utility District will be acquired by the City. ~dditional capital improvements are not presently necessary. !However, the Tract will be included with other territory in ;~onnection with planning for new, revised or expanded facilities, I 'unctions and services, including the additional services described I above. .\ l!~~. AMENDMENT; GOVERNING LAW ll; This Plan may not be amended or repealed except as provided by II~he Code or other controlling law. Neither changes in the methods l~f means of implementing any part of the service programs nor IChanges in the responsibilities of the various departments of the 11'~'ity shall constitute amendments to this Plan, and the City reserves the right to make sucn.changes. This Plan is subject to, and shall ~e interpreted in accordance with the Code, the Constitution and tr~ws of the United States of America and the State of Texas, and the Itb~ders, rules anS regulations of governmental bodies and officers ~aving jurisdiction. .~ ~ 11{ FORCE MAJEURE .1 L Should a force majeure interrupt the services described herein, the City shall resume services under this Plan within a reasonable I~ime after the cessation of the force majeure. "Force majeure", for the purposes of this Plan, shall include, but not be limited to, !hcts of God, acts of the public enemy, war, blockade, insurrection, /Yiots, -epidemics, landslides, ligh.tning, earthquakes, fires, storms, . ~loods, washouts, droughts, tornadoes, hurricanes, arrests and I restraints of government, explosions, collisions and any other !inability of the City, whether similar to those enumerated or lbtherwise, which is not within control of the City. Iii i ~~I. I ~' II. This document contains the entire and integrated service plan I~elating to the Tract and supercedes all other negotiations, ; representations, plans and agreements, whether written or oral. II: 1/"; I ' III i -: ; II, iF Iii \' t' I'. j'.} i I. ii :! : j 1 . . EXHIBIT nAn Page 4 of 4 ENTIRE PLAN EXHIBIT A I t I l. I ! I, I j, I; :j\ I. ~: ::i \ ,j' I i J .~ l I: I: .1 l J j: I: ~. "! .i 1 I I j :~f 'J :l .1 J ;~ J :l i I I I I I J "I .) .i .. .j .j " j I ~ ; I': : JI; , II~ :. l~ : lid III I f ~ I:! "1-1 'fRACT NO. 1 1\1 BEGINNING at the Southeast corner of the R.V. Whiteside 62.512 ~acre tract, located in the West right-of-way line of State Highway ~INO. 146, said corner being also the Northeast corner of that certain 1.,IPortion of Shore Acres Addition lying West of State Highway No. 146, :!and being approzimatedly 5,500 feet South and 5,950 feet East of the I ~Northwest corner of the W.P. Harris Survey, Abstract 30; i 11 THENCE North 89 deg. 59'45" West, along the South line of said 1(;R.V. Whiteside 62.512 acre tract, same being the'North line of said ~~Shore Acres Addition, a distance of 5,516 feet, more or less, to a f:point for corner in the East right-of-way line of the G.H. & S.A. 'r'llRailroad' such point being the Northwest corner of said Shore Acres ':addition and the Southwest corner of said R.V. Whiteside 62.512 acre l~tract; It I THENCE North 7 deg. 18'32" West, along said East right-of-way li~line of the G.H. & S.A. Railroad, said line being along the West ,'f1l1ines, respectively, of the R.V. Whiteside 62.512 acre tract, the .Ralph Liles 52.12 acre tract, the Robert F. Harris 107 acre tract, 'lland the Charles E. McCabe 28 acre tract, and continuing along said .. ;East right-of-way line of the G.H. & S.A. Railroad, a total distance , :of 2,350 feet, more or less, to a point of intersection with a .[westerlY projection of the North right-of-way line of McCabe Road; i THENCE in an Easterly direction with said Westerly projection iof said North right-of-way line of McCabe Road with said North I ~right-of-way line, same being along the South lines of the B.F. 'i~Weems 74 acre tract and Tidewood Addition, and continuing in the l~same Easterly direction across State Highway 146, a distance of 111:5,950 feet, more or less, to a point of intersection with the East '.Ieight-of-way line ofi.~~.a.te Highway 146; it THENCE in a Southerly direction along said East right-of-way j\line of State H1ghway 146 a distance of 100 feet, more or less, to t1the North line of Pine Bluff Addition; l~t THENCE in an Easterly direction along said North line of Pine jfitBluff Addition, a distance of 1,350 feet, more or less, to a point ~'on the West Shoreline of Galveston Bay; lIIIJ:~ THENCE in a generally Southerly and Easterly direction along :the meanders of the West Shoreline of Galveston Bay, same being Ilfalong the East lines, respectively, of Pine Bluff Addition, Bayside 'j,!TerraCe Ad~ition and Bay Oaks Addition, and the W.M. Rose 1.08 acre ! ~tract, a dlstance of 3,000 feet, more or less, to the southeast Il.~corner of said W.M. Rose 1.08 acre tract, same also being the l'iNortheast corner of Shore Aqres Addition; l~ll THENCE in a Westerly di~ection along the South lines of the i ,W.M. Rose 1.08 acre tract, 0.39 acre tract, and 0.288 acre tract, I,lsame being along the North 'line of said Shore Acres Addition, and !icontinuing in the same Westerly direction, crossing State Highway It 1':146, a distance of 3,000 feet, more or less, to a point in the West ,'right-of-way line of said State Highway 146; I)~ THENCE in a Nort~erlY direction along said West right-of-way \ :,line of State Highway 146, a distance of 125 feet, more or less, to ;~the Southeast corner of the R.V. Whiteside 62.512 acre tract, the ~point of beginning, said area lying wholly within the W.P. Harris .~urvey, Abstract 30, Harris County, Texas, and containing 396 acres I~~r 0.62 square miles, more or less. . ~ : ~ :1 f:' , " .~ . .EXHIBIT "Bn Page 1 of 2 . BOUNDARIES OF TWO TRACTS OF LAND THE BAYSHORE MUNICIPAL UTILITY AS DESCRI13ED IN VERNON'S TEXAS ANNOTATED CIVIL ARTICLE 8280-268 COMPRISING DISTRICT STATUTES EXHIBIT A I .) ..' ., :1 J .~ .~ ,~ :~! ,.oj } :f .j .J I ;~ I I 1 I I t .1 1 :-;t .J i .J 1 f -t I .J '1 I J I 1 .J ;~ J II,. .r k~ . . fl! , i 1,1 f.. .1' .,"- J:i :( I' EXHIBIT "Bn ,~ Page 2 of 2 1~' ,I :~ TRACT NO. 2 :/ " BEGINNING at the Northwest corner of Shady Oaks Addition in .~he East right-of-way line of state Highway 146, same being the '~outhwest corner of that certain portion of Shore Acres Addition :lying East of State Highway 146; .1 .r THENCE Easterly along the North lines, respectively, of Shady '~aks Addition, the Lloyd T. Moody 14 acre tract and the J.G. Head '~2.5 acre tract, the same being along the South line of Shore Acres . ~ddition, a distance of 6,200 feet, more or less, to a point on the West Shoreline of Galveston Bay; I THENCE in a generally Southerly and Easterly direction along 'the meanders of the West Shoreline of Galveston Bay, same being , ~long the East line of said J.G. Head 42.5 acre tract, a distance of ~,ooo feet, more or less, to the Southeast corner of the J.G. Head i1l2.5 acre tract; :, THENCE Westerly with the South lines, respectively, of the J.G. :~ead 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady Oaks Addition, same being along the North line of the Humble Oil and iRefining Company tract, a distance of 6,800 feet, more or less, to a point in the East right~of-way line of State Highway 146, said point being the Southwest corner of Shady Oaks Addition; :1 THENCE Northerly along the East right-of-way line of State .;~ighway 146, same being the West line of Shady Oaks Addition, a .jistance of 750 feet, more or less, to the Northwest corner of said 'fhady Oaks Addition, the point of beginning, said area lying wholly .,ithin the W.P. Harris Survey, Abstract 30, Harris County, Texas, :~nd containing 108 acres or 0.17 square miles, more or less. .. .f ""II .- oJ et;"/EJrr A I ,. ~. .1 . ;, II 'I! _i , - NEWLY ANNEXED \ -......~ ..-.., ~ AREAS OF LA PORTE LAND USE MAP -- - Vi -- - - , , : ( iI == e sC-'U '-11000' ~.; ,""': '-..., ~ '- '-. SHOREACRES ~ .;-- CITY -"'" ..... .~, -"""--",,,- , - -.-- -"1;' - .:.::: -:: ;:;~::;'::--l~-;,,;r~ -:-':'-::'~-:::::-':;::-:--'- . i I':' "--.; \ !i ,.' ;:: :t'. .,' i1: 'Irl ", . ". '.' ijl ~;11 :,! ;I!! 'i I :11 " i .~, III \\ I :'1\1 ' :", '1' il'll ----......\1 I. __ - - - '\ \\ ~l , \\ ~ " ~ .._~ LOW DENSITY RESIDENTIAL' USES MID TO HIGH DENSITY RESIDENTIAt:. USES COMMERCIAL USES COMMERCIAL INDUSTRIAL USES INDU?TRIAL 'USES PUBLIC USES e: EXHIBlT B t ~ ei e :x: t- o:: o z SHOREACRES '" ~ ~ ~ OF CITY ~ ~ ~ 1 EXH\B\T C CITY OF LA PORTE OFFICIAL PARKS -Q'RECREATION MAP AREA ANNEXED BY ORD. 1626 ... e SCALE' ,", 1000' 0 500 1000 2000 ~ ~ ..J -, p~ ,bu/,u,,",0 ~y Au,uE:XCD;4~ O:-&~ e' I ~ ~ - - EXHIBit D ~ ~ Ii . . ~ 4 ._ALD r .1_1 . e ' 1111 i-I ," l . ~ / + I'll" < : :- jJ .- - &./. ~-PUD - ,""" Pt. . ~ LEGEND " ~ R-I LOW DENSITY RESIDENTIAL r ~ ~ ~ SHOREACRES R-2 MEDIUM DENSITY RESIDENTIAL ~ ~ ~ R - 3 HIGH DENSITY RESIDENTIAL I . NC NEIGHBORHOOD COMMERCIAL ~ .., .. PUD PLANNED UNIT DEVELOPMENT I' - ,:---...---------.- -'-- .."---- -,-. q - - ;:: ..~:=-...", '~ fI . \1 . \ . I ~ .. ~ y ( r " R- ! (;) , \ - SCAL( I '-'1000' . \ ~ 0 :.00 1000 looo I ~ ~ J :, 'v" !1. - /I.c GcIN" - ~~~"'t~. ~ p~ bU'/,u~ ,0A..h..L.Y PUD ... ^,;t(,~" ~A<. Au,uE:XC.D 4~ o-&~ ~ l (/)ey/.Se:D:~- zo/~) , ~ 1 . ~ - . -'- , "-=. "\: . ... C ..~"\: ' ~ -- ~ ""'.. - i LEGEND " - ~ R-I LOW DENSITY RESIDENTIAL ~ . ~ SHOREACRES '. , -' , ~ ~ R - 2 MEDIUM DENSITY RESIDENTIAL ~ " ~ i\ R- 3 HIGH DENSITY RESIDENTIAL :1 . ~I o{' . NC NEIGHBORHOOD COMMERCIAL .. jl - ~';"";i } ~\ PUD PLANNED UNIT DEVELOPMENT - . . .. .-_. .....-.. .. ....... -. ..... ..... .... ." QI Jfl fi ~ ,~~ ~.,(~p7Q: NC- ~ - . ~ \J t ~I~ ~~.\. ..yU,(,E /Z, /989 ' - '\ BY~. /50/-7 EXHIBIT D-l _. :x: ~ 0:: !i? AREA ., -' l I EXH1BlT E rrm /' ~ AREA 4 SHOREACRES =r: MAP '" ~ ~ ~ OF CITY ~ i ~ 1 ~ ~ J AREA . APENDICES A & B TO THE . PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS TO BE ASSIGNED TO PROPERTY ANNEXED INTO THE'CITY OF LA PORTE BY ORDINANCE . 111626 . e APENDIX A AREA I (See Exhibit E) The Planning & Zoning Commissiont on April 27t 1989t amended the Area I Land use designations as follows: The land use designation of the property located between the Shady River Subdivision and McCabe Road has been changed from Mid to High Density Residential to Low Density Residential (See Exhibit B1). This tract is bounded by South Broadway to the east and Taylor Bayou (western branch) to the west. The Commission is now recommending an overlaying zoning classification of PUD for this tract (See Exhibit D1). The PUD classification replaces the original staff recommendation of R-2t Mid Density Residential. There are no further changes proposed for Area I. . e APENDIX B AREA IV (See Exhibit E) The Planning & Zon ing Commiss ion, on April 27, 1989, amended the land'use designations within Area IV as follows: The land use designation for the portion of Area IV lying between the Shady Oaks and Bay Colony Subdivisions has been changed from Mid to High Density Residential ta Low Density Residential (See Exhibit B1) The recommended zoning classification of PUD has not changed (See Exhibit D1). There are no further changes proposed for Area IV -, ~ ~ ~ ~ ! LEG'END " ~ R- LOW DENSITY RESIDENTIAL ~ ~ . ~ SHOREACRES R-2 MEDIUM DENSITY RESIDENTIAL ~ R- 3 HIGH DENSITY RESIDENTIAL NC NEIGHBORHOOD COMMERCIAL 2 .., .. j - PUD PLANNED UNIT DEVELOPMENT - . .. .... __.... __0..._.. ... _____ _...._......... _. ._ ...- . - - EXHIBIT D-1 . ] I r " + ~ y r PUD " I au ,- e SCALE I '"'1000' 0 500 1000 2000 , ~ p~ Zou/,u,," W~y Au,uexc:o ~ O:-&~ (~~:.,.- Zo/~) ~ ~ . . THE STATE OF TEXAS COUNTY OF HARRIS , , . CITY OF LA PORTE ) ) ) -.~ \ NOTICE OF PUBLIC HEARING r c' ,In accordance with the provisions of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a Public Hearing at 6:00 P.M. on the 22nd day of May, 1989, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Por~e, Texas. The purpo~e of the Public Hearing is to consider assignment of permanent zoning classifications to the newly annexed areas which formerly comprised the Bayshore Municipal Utility District. Maps showing the proposed zoning are available for public viewing at the City Hall of the City of La Porte on week days, between the hours of 8:00 A.M. and 5:00 P.M. 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 Cherie Black City Secretary I EXHIBIT D EXHIBIT 0-1 LEGEND . R- LOW DENSITY RESIDENTIAL ~ R~2 MEDIUM DENSITY RESIDENTIAL " 1 ~ R - 3 HIGH DENSITY RESIDENTIAL l . NC NEI(3HBORHOOD COMMERCIAL PUD PLANNED UNIT DEVELOPMENT ... ._.. .. '0 ... .. .... . ... . .. . . 9 c1 j " ~ ~ ~ SHOREACRES rrm . :~ \ \ . -"PUD !l · L \ I \""~ 1-1.1-l..:::- II.' -III I~. .. e seAL t. ,- '1000' I o~~ore me, cne unaerslgned authority, on th~~ date carne and appeared sandratlt Bumgarner, duly authorizec agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of May 07, 1989 ~~1.~ ....... Sandra E. Bumgarner Office Manager / ~ day of ~ ~(:ncup In ~de.,- Notary Public Harris County, Texas Sworn and subscribed before me this A . D . 19 ~7 . PUBLIC NOTICE . I NOTICE OF . PUBLIC NEARING In accordance with the provisions of Ordinance 150 1, the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a PU~liC He ing at 6:00 P.M. on the 22nd day of y, 198 , in the Council Cham- bers the City all, 604 West Fairmont Pa ~ P rte, Texas. The purpose of e .bIbli Hearing is to consider assignl'iient 0 permane~~n' classifi- cations to th ew~an~xedarjas which formerly co' e Baysh Munici- pal Utility s cl Maps sho g th propos zoning are ."",lab~ "'1" ~ .","no.:t."","", of the City o~ Porte on week days, between the hours of 8:00 A.M. and 5:00 P.M. Citizens wishing to acldress the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary l = . EXHIBIT .,t:"' !Hj .IL-<l .' ~ , . PUBLIC NOTICE NO f1CE OF PUBLIC HEARING In accordance with the provisions of Ordinance 150 1, the City 01 La Porte Zon- ing Ordinance, notice is hereby given that the La Porte Planning and Zoning Com- mission will conduct Ii Public Hearing at 7;00 P,M. on the 27th day 01 April. 1989, in the Cou~cil Chambers of the City Hall. 604~we t Fairm nt Parkway, La Porte, , Te s. e purp se of the Public Hearing , is co ider signment of permanent zon lassi cations to the newly annexed reas hich forme comprised the Bays ore uni 'pall(JliIi District. ,the public he 'ng fo the 'of act. ing upon the ublic a]lrfg,ilem by cC?n- sidering a recomm daUOn to the La, , Porte City Council a d to conduct other - me, the under signed author i t y, on th?:~ date matters pertaining to' the Planning and ,..- . Zoning Commission. appeared Sandra E. Bumgarner, dUly author1.ze, Mapsshowinglheproposedzoningwill be available for public viewing at the City The Bayshore Sun, a semi-weekly newspaper Halloflhe City of La Porte, on weekdays beginning April 17, 1989. between the in La Porte, Harris County, Texas, and 1vho hours of 8:00 A.M. and 5:00 P.M. Citizens wishing to address the Com- ~ duly sworn, says the attached notice 1vas' mission pro or con during the Public Hear- 1., n The April 12, 1989'" ing will be required to sign in before the, Bayshore Sun of meeting is convened. he La Porte; Texas 77571 (713) 471-1234 re~ f Harris Texas CITY OF LA PORTE Cherie Black ,'I. f City Secretary ~t./".- ~. I...k.~./.~ {/ Sandra E. Bumgarner Office Manager subscribed before me this 1;;2. day of /11/V'-L - {J ~c~,~ h, ~~~ Notary Public Harris County, Texas ..,.......,~..s'" ...' \ ~ " .--' '-' ~............. ..~, .... .' '- " \~ .' .. 4' " i' ..... -." ...+ e..,..; : : .....~~_.. : : . : 1..1: ..: . ..,. ... .f( . . ; ..:~ i......l 0"'-'\0: : '.~ Y'''"T: : ~'. .J ~ ". ......, ~ "" "': ~ .' ...., "to ,,' ", "'. ..;. ".. .... """ . ,.... ", , ...... .... ~ .' ...., '.t 1 "....' ....:.... ""0" . / . 14'VUTDT'f1 ~ I' _, ..... ,- . .. . I .. TheB '. 1200 Hwy. 146 Suite 180 P.O. BOlt 1414 La Pone, Texas 77571 (713) 471-1234 In accuidance with the Pi6visioilS uj Ordinance 150 " !he C!!'i ::~ ~ P::~.:: :2::::-:- :__""'_-1:_____ __"!__!_L____I_ . AI. IIIU ""'IUlllalllYC'. IIULlLO~ l::!ii II~rMUV ul~n In;ll the La Porte Planning and Zoning Com- mission will conduct a Public Hearing at 7:00 P.M, on the 27th day of April, 1989, in the Cou cil Chambers of the City Hall, 604 We Fai nt Parkway, La Porte, Te s. e pu~ se of the Public Hearing is t co ider signment of permanent zo lassi cations to the newly annexed reas hich form comprised the Bay ore uni~'pal tili District. A regu r m ting ill be hel following ,the public he 'ng fo the of act- in" Ilnnn tho Ilhli,.. il"'Il ft. ^_ ku ....__ ~i~~~i~!~~~~~f~'-t?' ~he..':' Before me, the undersigned authority, on th~~' date ~'8:tter;'Pertaining to'the Planning and ,,- , Zoning Commission. came and appeared Sandra E. Bumgarner, duly author~ze' Mapsshowing the proposed zoning will be available for public viewing at the City agent of The Bayshore Sun, a semi-weekly newspaper Hall of the City of La Porte, on weekdays beginning April 17, 1989, between the published in La Porte, Harris County, Texas, and who hours of 8:00 A.M. and 5:00 P.M. Citizens wishing to address the Com- after being duly sworn, says the attached notice was mission pro or con during the Public Hear- published in The Bayshore Sun of April 12, 1989 ., ~~~~gb~r~~~::~:. ~i!ln in hAfnrA thA reS PUBLIC NOTICE -"~nCE OF ~ PUBLIC HEARING County of Harris State of Texas .' CITY OF LA PORTE Cherie Black ~~~ ~- Sandra E. Bumgarner Office Manager Sworn and subscribed before A.D. 19%.1.... me this /~ day of /?1~ ~~f17, ~~ Notary Public Harris County, Texas .,................... ...'., \. r s . ". ..~. "........ .., -. ~~.. ",.' ". '0' .~ l ".' ,0. .. 6' ~ ~" ~ ... ..~" ..+ ...; !- I l ,'oJ ~ ~ _ ~ \ jilt" .,. .... bI . OW'" " · ~ 1Ie:' .... f '-;" ~ " t. ,', f ";" l.i . ,!~~ '~ J' '!! "'C' ~... ~.. ~!' '~ '~!'. + "", ..0 ,~'" ~~. v .. ee!'" ft.. . ~ ~" "......... ..~"~. .... ~ d ~ ., .. .~~~- "'" .,,- .'."If....... EXHIBIT p J.L) ~----:o-- .:; ,- '. . '. 1200 Hwy, 146 Suite 180 P.O. Box 1414 La pone.. Texas 77571 (713) 471-1234 The B " re San County of Harris State of Texas Before me, the undersigned authority, on th~p' date ,;' came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly new~paper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of May 07, 1989 ~J..~ Sandra E. Bumgarner Office Manager day of /YL~ '- ~~ 1. .-::I-~ Notary Public Harris County, T ..',..... .......,... exas... \ p' s .... .'" \. '. ...... ~ .......... . ~ .... J.~ ..... .- '" .. W'. -. ... ~ . \11I .... . ti' .- /. .. ..- i: ," "IJ- l!.. (II'~ ; : '''*~ ...,. ~ ! C,. i... .'. ... : i i. ~ ~-= . "I(e.- 1 ~~ o,.:."f ~ t/I', "'0. .."..'!r I "'. ~ ':0 J". ,,"- . to" ... o' -..,;;~ '. , . '. 'r t.. . ~' " .... ... ...'~' ,.... J- .. ........... ' ~ . .l: .....,~ "\\~.,, Sworn and subscribed before me this /.;< A . Do]' 9 ~9 . .- PUBLIC NOTICE , " ,..NOTICE OF PUBlIC'I-1EARING In accordance with the provisions of Ordinance 1501, the City of La Porte Zon- ing Ordinance, notice is hereby given that the La Porte City Council will conduct a Public He ing at 6:00 P.M. on the 22nd day of y. 198 . in the Council Cham- bers the City all, 604 West Fairmont Pa , P rte, Texas, The purpose of e ~ Ii Hearing is consider ass' ent 0 perman nl classifi- cations to th it.WI exed ar. as which formerly co . , e Baysh Munici- pal Utility s ct. Maps sh g th propos zoning are availablefo p Ii 'ewingateCityHall of the City p'f Porte on week days, between the hours of 8:00 A,M. and 5:00 P.M, Citizens wishing to adc:lress the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Cherie Black City Secretary EXHIBIT ~E ,., ;,;... ,. J' EXHIBIT "Bn Page 2 of 2 TRACT NO. 2 BEGINNING at the Northwest corner of Shady Oaks Addition in the East right-of-way line of state Highway 146, same being the Southwest corner of that certain portion of Shore Acres Addition lying East of State Highway 146; THENCE Easterly along the North lines, respectively, of Shady Oaks Addition, the Lloyd T. Moody 14 acre tract and the J.G. Head 42.5 acre tract, the same being along the South line of Shore Acres Addition, a distance of 6,200 feet, more or less, to a point on the West Shoreline of Galveston Bay; THENCE in a generally Southerly and Easterly direction along the meanders of the West Shoreline of Galveston Bay, same being along the East line of said J.G. Head 42.5 acre tract, a distance of 1,000 feet, more or less, to the Southeast corner of the J.G. Head 42.5 acre tract; THENCE Westerly with the South lines, respectively, of the J.G. Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady Oaks Addition, same being along the North line of the Humble Oil and Refining Company tract, a distance of 6,800 feet, more or less, to a point in the East right-of-way line of State Highway 146, said point being the Southwest corner of Shady Oaks Addition; THENCE Northerly along the East right-of-way line of State Highway 146, same being the West line of Shady Oaks Addition, a distance of 750 feet, more or less, to the Northwest corner of said Shady Oaks Addition, the point of beginning, said area lying wholly within the W.P. Harris Survey, Abstrac~ 30, Harris County, Texas, and containing 108 acres or 0.17 square miles, more or less. " ( I', ' ... ~ ~.. EXHIBIT "B" Page 1 of 2 ". .-" BOUNDARIES OF TWO TRACTS OF LAND COMPRISING THE BAY SHORE MUNICIPAL UTILITY DISTRICT AS DESCRIBED IN VERNON'S TEXAS ANNOTATED CIVIL STATUTES ARTICLE 8280-268 TRACT NO. 1 BEGINNING at the Southeast corner of the R.V. Whiteside 62.512 acre tract, located in the West right-of-way line of State Highwayc" No. 146, said corner being also the Northeast corner. of that certain portion of Shore Acres Addition lying West of State Highway No. 146, and being approzimatedly 5,500 feet South and 5,950 feet East of the Northwest corner of the W.P. Harris Survey, Abstract 301 THENCE North 89 deg. 59'45" West, along the South line of said R.V. Whiteside 62.512 acre tract, same being the North line of ~aid Shore Acres Addi~ion, a distance of 5,516 feet, more or less, to a point for corner in the East right-of-way line of the G.H. & S.A. Railroad, such point being the Northwest corner of said Shore Acres addition and the Southwest corner of said R.V. Whiteside 62.512 acre' tract1 THENCE North 7 deg. 18'32" West, along said East right-of-way line of the G.H. & S.A. Railroad, said line being along the West lines, respectively, of the R.V. Whiteside 62.512 acre tract, the Ralph Liles 52.12 acre tract, the Robert F. Harris 107 acre tract, and the Charles E. McCabe 28 acre tract, and continuing along said East right-of-way line of the G.H. & S.A. Railroad, a total distance of 2,35Q.feet, more or less, to a point of intersection with a Westerly' projection of the North right-of-way line of McCabe Road1 THENCE in an Easterly direction with said Westerly projection of said North. right-of-way line of Mc9abe Road with said North .right-of-way line, same being along the South lines of the B.F. Weems 74 acre tract and Tidewood Addition, and continuing in the same Easterly direction across State Highway 146, a distance of 5,950 feet, more or less, to a point of intersection with the East right-of-way line of State Highway 1461 THENCE in a Southerly direction along said East right-of-way line of State Highway 146 a distance of 100 feet, more or less, to the North line of pine Bluff Addition1 THENCE in an Easterly direction along s~id North line of Pine Bluff Addition, a distance of 1,350 feet, more or less, to a point on the West Shoreline of Galveston BaY1 THENCE in a generally Southerly and Easterly direction along the meanders of the West Shoreline of Galveston Bay, same being along the East lines, respectively, of Pine Bluff Addition, Bayside Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.08 acre tract, a distance of 3,000 feet, more or less, to the southeast corner of said W.M. Rose 1.08 acre tract, same also being the Northeast corner of Shore Acres Addition1 _ THENCE in a Westerly direction along the South lines of the W.M. Rose 1.08 acre tract, 0.39 acre tract, and 0.288 acre tract, same being along the North line of said Shore Acres Addition, and continuing in the same Westerly direction, crossing State Highway, 146, a distance of 3,000 feet, m01:e or less, to a point in the':West right-of-way line of said State Highway 1461 f' THENCE in a Northerly direction along said West right-of-~ay line of State Highway 146, a distance of 125 feet, more or less, to the Southeast corner of the R.V. Whiteside 62.512 acre tract, the point of beginning, said area lying wholly within the W.P. Harris Survey, Abstract 30, Harris County, Texas, and containing 396 acres or 0.62 square miles, more or less. ' " EXHIBIT G'