HomeMy WebLinkAboutO-1989-1501-J
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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
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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
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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.
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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
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STATE OF TEXAS
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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
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PRELIMINARY REPORT REGARDING PERMANENT ZONING CLASSIFICATIONS
TO BE ASSIGNED TO PROPERTY ANNEXED INTO THE CITY OF LA PORTE
BY ORDINANCE #1626
EXHIBIT C
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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.
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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II!: ORDINANCE NO. 1626
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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
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I (Rule Charter granting the City Council the power by ordinance to fix
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ji:the boundary limits of the City of La Porte and to provide for the
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II.extension of said boundary limits, and the annexation of additional
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l~'territory lying adjacent to the City. This annexation proceeding is
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l! conducted pursuant to the authority granted by said Home Rule
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: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
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!;'finds, determines and declares that the hereinafter described
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'1 I territory is composed of two (2) tracts, one of which is adjacent
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~I' and contiguous to the present city limits of the City of La Porte,
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,! and the other of which is not contiguous to the City of La Porte;
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!!and that said territory lies within the exclusive extraterritorial
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1~;?UriSdiction of the City of La Porte, and that the annexation of
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!'said territory to the City of La Porte will promote the general
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!~health, safety and welfare'of persons residing within the City and
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'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
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\~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
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l~~ePtember 12, 1988, passed and approved Ordinance No. 1602,
Ill;
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! I: J EXHf91T A
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lll;.~RDIN^NCE NO. 1626
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!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
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!1\CityIS Department of Community Development.
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111 The City Council of the City of La Porte has heretofore, on
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lf~ctober 10, 1988, passed and approved Ordinance No. 1609, declaring
:/'!its intention to institute proceedings to annex the hereinafter
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j';desccibed territory, comprising the Rayshore Municipal Utility
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!;NOVember 7, 1988, at the Bayshore Elementary Cafetorium, 301 Bay
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:1:9aks, La Porte, Texas, being a location within the territory
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1 :proposed to be annexed, and on November 14, 1988, at the City Hall
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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
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I'hservice Plan was made available for public inspection and explained
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!'llto the inhabitants of the Bayshore Municipal Utility District.
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!~~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,
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I ,~~ 988,
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\ ifor te
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iihearings were arl in conformity with the Municipal Annexation Act of
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i!~963, codified as Chapter 43, Texas Local Government Code, as
II i.~mended.
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Ii: Section 4.
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,;institutes annexation proceedings as to the following described
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jlterritory, and the same is hereby declared annexed to the City of La
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!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
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~ILa Porte, and the same shall hereafter be included within the
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:;~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
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1 ~:, EXHIB1T A
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Pagc 2
Two public hearings wcre called, and were held on
said newspaper having general circulation in the City of La
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and in the ter~Jtory proposed to be annexed. Such notices and
The City Council of the City of La Porte hereby
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(1~RDINANCE NO. 1626
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l~orte, effective December 31, 1986, the completion date of
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II~nnexation proceeding.
J11 Section 5. Subject to all sections of this ordinance, the
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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,
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iincorporated herein by this reference and made a part hereof for all
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l;purposes, and such territory is hereby annexed to and made a part of
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I :~he City of La Porte, Texas for general purposes, effective December
! -i",
,:31,1900.
II.
::. Section 6.
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l!~oundaries set out in Exhibit "B" is hereby approved as part of this
: \1, .
; ,ordlnance.
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i lattached hereto, incorporated herein by this reference and made a
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!}~art hereof for all purposes.
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I in anywise affect any other ordinance annexing territory to the City
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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
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lllshall remain and continue to be effective to their intent and
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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
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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.:
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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
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Page 3
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this
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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.
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fi:}.{H'!Bru" At
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i!!~RDINANCE NO. 1626
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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
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! 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
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!Aity Charter and of the Constitution and Laws of the Federal
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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
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Ij~nd the subject matter thereof has been discussed, considered and
! . I '- " ..
! kormally acted upon. ~The City Council further ratifies, approves
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: ~nd confirms such written notice and the contents and posting
ii,
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i (thereof.
I~: Section 10.
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'Iheld unconstitutional, illegal or invalid, or the application
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I~~~hereof. ineffective or inapplicable as to any territory, such
i~nconstitionality, illegality~. invalidity, or ineffectiveness of
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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
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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
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or.
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Page 4
It is the intention of the City of. La Porte, Texas,
Should any section or part of this ordinance be
EXHIBIT ~
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I}~RDINANCE NO. 1626
I.
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\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
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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
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llicirea which are presently part of and included within the general
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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.
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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\;
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: 1 p
j ~LEST ,.
I~'; i i) ...1 h1
1\': ''llU~ ~c..b
\~i y Secretary
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j~~PROVED: ~
Ir~ )-~ cd tt;g:~
('C,ity Attorney
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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
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Ill'
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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.
\"
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!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:
('
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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
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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:'
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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.
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EXHIBIT RAn
Page 2 of 4
EXHIBrr A
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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.
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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
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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
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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.
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EXHIBIT nAn
Page 4 of 4
ENTIRE PLAN
EXHIBIT A
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"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.
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.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
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Page 2 of 2 1~'
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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.
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AREAS OF LA PORTE
LAND USE MAP
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LOW DENSITY RESIDENTIAL' USES
MID TO HIGH DENSITY RESIDENTIAt:. USES
COMMERCIAL USES
COMMERCIAL INDUSTRIAL USES
INDU?TRIAL 'USES
PUBLIC USES
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CITY OF LA PORTE
OFFICIAL PARKS -Q'RECREATION MAP
AREA ANNEXED BY ORD. 1626
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0 500 1000 2000
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LEGEND "
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R-I LOW DENSITY RESIDENTIAL r
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R-2 MEDIUM DENSITY RESIDENTIAL ~
~
~ R - 3 HIGH DENSITY RESIDENTIAL
I . NC NEIGHBORHOOD COMMERCIAL ~
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PUD PLANNED UNIT DEVELOPMENT I'
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. ~ SHOREACRES '. , -'
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~ R - 2 MEDIUM DENSITY RESIDENTIAL ~
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NC NEIGHBORHOOD COMMERCIAL
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~.,(~p7Q: NC- ~ - . ~ \J t ~I~ ~~.\.
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BY~. /50/-7
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SHOREACRES
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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
.
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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
-,
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LEG'END "
~
R- LOW DENSITY RESIDENTIAL ~
~
. ~ SHOREACRES
R-2 MEDIUM DENSITY RESIDENTIAL ~
R- 3 HIGH DENSITY RESIDENTIAL
NC NEIGHBORHOOD COMMERCIAL 2
..,
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PUD PLANNED UNIT DEVELOPMENT -
. .. .... __.... __0..._.. ... _____ _...._......... _. ._ ...- .
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THE STATE OF TEXAS
COUNTY OF HARRIS
, , .
CITY OF LA PORTE
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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
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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
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EXHIBIT
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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
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Sandra E. Bumgarner
Office Manager
subscribed before
me this 1;;2. day of /11/V'-L
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Notary Public
Harris County,
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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
~~~
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Sandra E. Bumgarner
Office Manager
Sworn and subscribed before
A.D. 19%.1....
me this /~ day of /?1~
~~f17, ~~
Notary Public
Harris County,
Texas .,...................
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EXHIBIT
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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,
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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
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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.
" (
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EXHIBIT "B"
Page 1 of 2
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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. '
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EXHIBIT G'