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HomeMy WebLinkAboutO-2004-1168-B . J / / ~.lf -:m tJLi?lJ :Fn ~/l.;tlre./y ORDINANCE NO. 1168-B AN ORDINANCE AMENDING ORDINANCE NO. 1168, SAID ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE CITY; PROVIDING EXCEPTIONS; REGULATING THE USE AND SALE OF WATER WITHIN THE CITY; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Ordinance 1168-A, said ordinance amending Ordinance No. 1168, is hereby amended, providing that the provisions of said ordinances shall not be applicable to the provision of water to, property which the City Engineer determines is situated in excess of 300 feet from an existing water main of the City of La Porte. In such circumstance, the City Council may permit the utilization of water from, an already existing private water well that is situated closer to said property than the City of La Porte's water system. If the City Council determines that such alternate water supply is necessary, the Council shall require: . Limitations on gallonage provided to said property, gallonage not to exceed 1000 gallons per month; . No additions or modifications to the existing water well supplying water to the property other than the tie-in of the singular line running directly from the existing water well to the new water well, . That the use of water be metered, with the City reading said meter, monthly; . That the applicant pay a fee of $ per month to the City; Ordinance No. 1168-8 Page 2 . . . That the line providing water to the applicant's property be a separate line running directly from the existing water well, and not be co-joined to an existing water line serving other properties and/or buildings; . That all expenses be paid by the applicant; . That no water lines be permitted to cross any public facility or right of way unless permitted by the City's Department of Public Works as to the method and design of the crossing, and the suitable restoration of all public facilities; and . That in any event, if and when city water becomes available to said property, by the City locating a water main within said 300 feet of the property, the alternate provision of water the applicant's property shall immediately cease. SECTION 2. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not more than Five Hundred Dollars ($500.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 3. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming Ordinance No. 1168-8 Page 3 ,.. .e uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. SECTION 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, 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, Chapter 551, Texas Government Code; 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 6. This Ordinance shall become effective fourteen (14) days atter its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days atterthe passage of the Ordinance. PASSED AND APPROVED THIS THE lJ!I-DAY OF ;!/#VI)J/(! ,2004. Ordinance No. 1168-B .- Page 4 '/ JPlo4 V~ .~~ CITY OF LA PORTE By: .e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Report: ~ Resolution: Ordinance: Source or Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Requested By: Department: Planning Exhibits: Memo from Nicholas Finan Material from Previous Packet (including Mr. Gray's request and City estimates) Draft Ordinance from City Attorney SUMMARY & RECOMMENDATION At the last meeting of City Council, City Council directed Staff and the City Attorney to proceed with two options: 1) to extend water and investigate the possibility of assessing the cost, and 2) create an ordinance that would allow Mr. Gray to tie onto an existing well, require metering of his consumption, and limit the amount consumed. Mr. Gray was to have his engineer, Carlos Smith, supply the City estimates for the water extension to his property. We have not received this. Mr. Gray was sent an e-mail December 18th as a reminder. Mr. Gray was to supply the City Attorney consumption estimates to be included in the ordinance. Mr. Gray has not done so yet. He was sent an e-mail on December 19th as a reminder. Staff would prefer Mr. Gray's participation in the extension, versus the option to change or create an ordinance that would allow this. An extension could be done through an assessment to each property owner that benefits. Mr. Gray has already expressed a willingness to contribute ifthe cost was around $20,000 - $25,000. City estimates are around $50,000 for his and Mr. Angel to benefit. See attached memo for more detail. Action Required bv Council: 1. Council may approve the attached ordinance and direct the Fire Chief and Fire Marshal to assist Mr. Gray, if possible, in providing alternatives to a fire hydrant within 300 feet. 2. Council may take no action on the ordinance and direct staff to work with Mr. Gray in the extension of a water line and possible district for assessing the cost, or 3. Council may take no action, in which Mr. Gray, to develop water to the site, would have to extend water service at his own expense. A /- U -0 1 Date REcnvf6't DEe I 9 2003 LA PORTE FIRE MARSHAL rLAI~Ntrt.~~ ~jtP'!: INTEROFFICE MEMORANDUM '. J. . ~,.., /-0 __-I # ,'J.' ' ~~D TO: FROM: Nick Finan Mark Oldmixon ~ December 19,2003 DATE: SUBJECT: Edie Grays Property on Strang Rd. My concern for the property is the lack of adequate water supply for fire protection. This concern is not just for any structure but also for the unknown products that will be inside of any trailer. My understanding is that the water well will supply water for drinking and sanitary needs. This water well will not be able to supply fire apparatus in the event of a major fire on the property. In the overall public safety interest, especially with the State Hwy 225 traffic, in the event of a major fire, I cannot support Mr. Grays request for water well supply for his property. . . Finan, Nick From: Sent: To: Cc: Subject: Dunham, Champ Friday. December 19.20039:53 AM Finan. Nick Boale, Mike RE: Eddie Gray's water well request As I have stated to Mr. Gray, the small portable office building is not of allot of concern to the Fire Department. Our concerns are as follows: . Halardous (flammable) cargo stored on site that could result in the need for very large volumes of water . Sale of the property at a later date where larger buildings etc. could be built If there is some way to insure that the property will not store halardous, combustible. or flammable liquids, and that the property could not expand to include these commodities or build other buildings on the site should the property sell, the Fire Department would not have a problem waving the hydrant requirement. One other thing to consider is future development in the area. Are there other sites in the immediate area that could be developed, and will they be expecting a "waiver", or will they be required to meet the code. Our concerns are for our firefighters. We get the calls and are expected to suppress fires to save lives and property. Considering there is currently very limited access to fire hydrants in the area, our firefighters and the community would be at risk depending on ''tanking operations" for structure fires or fires involving hazardous cargo. At present, the closest hydrant to the area in question is on the "P" street right of way east of the Strand Rail Yard, on the south side of the railroad tracks. Apparently the railroad has blocked off access over the railroad tracks and are storing rail cars across the blocked off rail crossing. Should you have any further questions please do not hesitate to contact us. . . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Requested By: Source of Funds: N/A Department: Account Number: N/A Report: X Resolution: Ordinance: Amount Budgeted: NI A Amount Requested: N/A Exbibits: 1. Council Agenda Item and Back-up From November 10, 2003 (Exbibit A) Memo from Robert Cummings witb Cost Estimates and Diagrams Budgeted Item: YES NO 2. SUMMARY & RECOMMENDATION At the last meeting of City Council, staffwas requested to provide additional information on Mr. Gray's request for a water well. As a brief background, Mr. Gray owns property north of the railroad adjacent to SH225 frontage road and Strang Road. No water is available at the site. Water and sewer is available within 500 feet, but would require boring under the railroad. Across Strang is a non-conforming well serving a trucking facility. See Exhibit A for last City Council meeting's packet material. Since the last meeting, several options were explored: 1.) Tying onto Mr. Angel's non-conforming well across Strang Road: Mr. Gray has stated he bas Mr. Angel's approval and is in the process of obtaining an agreement. However, Section 1168-A of the Code of Ordinances, which prohibits the drilling of new wells, also prohibits any selling, bartering, or giving away of water. So, while this is considered better than drilling a new well, it is prohibited by ordinance. A modification would need to be made to the ordinance to allow such an agreement. 2.) Allowing wells to be drilled where the City does not have water available within 500 feet: There are numerous tracts, both small and large acreage that would fit into this category (several tracts cut-off by major roadways or railroad line that would require boring). To change the ordinance to allow wells when water is not within 500 feet, the City could see numerous requests for wells. 3.) City staff explored extending water and sewer to the site. City staff viewed two routes as being viable due to right-of-way and proximity. The longer route would benefit two property owners (four tracts, not including the railroad property) at a cost of$91,251.80. Ifwater only were considered, it would be roughly $31,000. With a sewer bore for future sanitary sewer, it would be under $50,000 ($25,000 per landowner). This would require permits from the railroad for borings and crossing their line. The City could participate by perfonning this work at a cost of roughly $10,000 less than the $50,000 to include the waterline, tire hydrant, and bore for future sanitary sewer. The attached memo from Robert Cummings, Supervising Engineer, outlines the various estimates and routes for extension of water and sewer lines. Action Required bv Council: This is a workshop item. Staff would like direction as to how to proceed with Mr. Gray's request. J;] -3-03 Date . . . REQUEST FOR CITY COUNCIL AGENDA ITEM Department: Agenda Date Requested: Appropriation Report: X Resolution: Ordinance: Source of Funds: N/A Account Number: ~JI A. Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Requested By: Exbibits: Letter from Eddie Gray Memo from John Joems Map of Water & Sewer Location Ordinance 1168-A (1984) Plat of Land Under Consideration Building Comments 1994 Fire Code Amendments SUMMARY & RECOMMENDATION Eddie Gray has requested to utilize a water well and bottled water for a trucking yard to be located at the feeder of SH 225 and Strang Rd. Currently, there is no water and sewer adjacent to this property. Water and sanitary sewer is available approximately 385 and 450 feet, respectively, to the southwest. It would be necessary to bore under the rail line located to the south of this property. It is believed that there is a non-conforming well currently being utilized to the east of this property; StatIis investigating this. Ordinance 1168-A (1984) prohibits the drilling of any new wells. There are no variance procedures listed with it. It appears the City Council would not be able to grant a variance, but must amend the ordinance or create a new ordinance that would allow this location only, but prohibit other locations or the rest of the City. The Subsidence District regulates permits for water wells for non-residential use. If the City states water is not available, the Subsidence District would most likely grant a permit. See the attached memo, map, and material for more information on the current location of water and sewer services and background on this item. This is a workshop item and not set for action. Staff' has no specific recommendation at this time, but the following is a list of concerns: fire protection from a sprinkler system only is typically inadequate (City Fire Code requires a fire hydrant within 300 feet of a commercial building; requires variance from Fire Code Review Committee or a special exception from the Fire Marshal and Fire Chief for other consideration); difficult to grant water wells in only one section of the City without reviewing other similar concerns; subsidence; and a site plan has not been submitted, so we may be granting something that may have other items of concern or may not be permissible. Action Required bv Council: Discuss and provide direction on request by Eddie Gray. AP~~r City Council Al!enda 0 . ~~ lJ~W{ · De . eazelle, City nager t. 11-3 -()=) Date - WKHtItf. A . . Jr lL.'-".... I.{" -, -oJ Eddie V. Gray, Trustee P.O. Box 638 Baytown, Texas 77522 281 422-3677 ext 10 October 28, 2003 City Council City of LaPorte P.O. Box 1115 LaPorte, Texas 77571 Re: City of LaPorte Code of Ordinances, Article I, Sec. 74-2(a), as it relates to 4.7792 acres Hi. 225 Feeder at Strang Road To the LaPorte City Council: This letter concerns the 4.7792 acres that I own at the intersection of Hi. 225 Feeder at Strang Road in the City of LaPorte. The property is bounded on the north by . Hi. 225 Feeder, on the east by Strang Road and on the south and west by the Union Pacific Railroad line. A survey of the property and a metes and bounds legal description are attached. There is no water utility service to this tract by the City of LaPorte and due to its location, there is little possibility of water service being extended to this area. . The legal title on the acreage is held in my name as trustee and the property is not encumbered by any mortgage liens. The tract is zoned Light Industrial. It is undeveloped now, but I have a potential long-term lease pending on the tract. The lease tenant plans to build a trucking yard. The operation will have a portable office and the only need for water is to operate the restroom and run the fire protection sprinkler system in the portable office. There are no other requirements for water for this business use. The lease tenant has proposed drilling a water well on the tract to serve its needs. The well will be of ample size to provide water to the restroom and to provide fire protection to the portable office. No other use will be made of the well on the property and no other tract other than the 4.7792 acres will be served by the well. Wastewater from the site will be hauled from the site by a licensed wastewater disposal company. Bottled water will be used for any drinking water used on the site. I request that the City Council grant a variance from City of LaPorte Code of Ordinances, Article I, Sec. 74-2, to pennit the drilling of a water well on this tract for purposes of serving only the 4.7792 acres. This variance shall be conditioned on the fact that in the event the City of LaPorte ever provides City water service to the property that the use of the water well will be discontinued and that the owner/user of the tract will immediately make application to connect to City of LaPorte water service to this tract. The need for the granting of"this variance is urgent due to the impending lease of the tract. The lease tenant needs to begin construction on the lease premises as soon as possible and no later than thirty (30) days from today. . . This variance will be subject to obtaining a water well pennit from the Harris County and Galveston County Subsidence District. Discussion indicates that the well pennit described above will be obtainable. Thank you for your consideration of this matter. Please contact me with ariy questions. Yours truly, ~V'~I ~ Eddie V. Gray, Trustee . . CITY OF LA PORTE INTEROFFICE MEMORANDUM October 31, 2003 TO: FROM: Mayor and Council Debra B. Feazelle, City Manager ~. I' John Joerns, Assistant City Manage~_" ~J Request from Eddie Gray ~ V SUBJECT: Eddie Gray delivered this letter addressed to City Council to the Planning Department. It was then brought to my attention. When I checked with the City Secretary's office, Mr. Gray had not provided copies for distribution to Council. Mr. Gray's request cannot be considered a variance. The existing ordinance (1168- AJ1984) is a policy that essentially outlaws the drilling of new wells inside the city limits of La Porte and prohibits use of water originating from any other source than the City of La Porte. If Council wishes to assist Mr. Gray in his request there will need to be a new ordinance passed that would have several provisions created to allow it here and prevent the proliferation of wells in other areas of the community. I seem to recall that the tract next to Mr. Gray's has an existing well on it.' If so, it would be preferable if the two parties could reach an agreement for use of that well with the City then granting an easement to cross the City right-of-way with a line. I called Mr. Gray this morning to discuss this but was not able to reach him. There are other sections of the City's codes that also need to be checked before assuming this is Mr. Gray's only hurdle. There could be other locations in the City's codes/policies that require public utilities for issuance' of a building permit or development approval. We will place this on the next Council meeting agenda as a workshop item for Council discussion and further direction. JJ/ml c: Cynthia Alexander, Assistant City Manager <Nick. finan, .,Interim Di;fector of Planning.',. ~ ~ W t- o: o 0- <( -.I U- o >- I- o UJ t- o:: o 0- <( -.I U- o >- l- e ~ SCALE: I" = 200' 1700 ,;) <( o 0:: \.:J Z <( 0: t- lI'l 47 10 e" Q) ~ " Ii " EXHIBIT 10 , II .\ I'