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HomeMy WebLinkAboutO-2003-1501-FFF R03-006 . . ORDINANCE NO. 1501-fEF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 16th day of October 2003, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. 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 notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on October 16, 2003, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, 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, by letter dated October 20, 2003, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 150~ Page 2 . "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 10th day of November, 2003, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. 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. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. 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 classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed from General Commercial (GC) to Low-Density Residential {R-1)." The description of said parcels of land rezoned to Low-Density Residential is as follows, to-wit: "Lots 1 thru 16, Block 156, Town of La Porte, Harris County, Texas". "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. ORDINANCE NO. 150trr Page 3 e "Section 8. 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the j of1- day of November, 2003. CI1~ PORTE By: ~A ~ , - NORMA~MALONt.~ ATIES~ ~J, BY~~ '1Jj} M RT GILLETT, City Secretary e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th day of October, 2003, in the Council Chambers of City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R03-006, for the property described as lots 1 thru 16 of block 156, approximately 1.1478 acres situated in the Johnson Hunter Survey, A-35, Town of La Porte, Harris County, Texas. The property is located at South 1st Street between West "G" & "H" Streets. The applicant seeks to have this property rezoned from General Commercial (GC) to Low-Density Residential (R-l), to provide for single-family dwellings. A regular meeting of the Planning and Zoning Commission will follow the public hearing to act upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con, during the public hearing, are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary ~ office at (281) 471-5020 or TDD Line (281) 471-5030 for further infonnation. IXHIIIT A . 820 South 8th Street e La Porte, Texas 77571 The PUBLIC NOTICES - ~.-- ~ 281-4i 1- THE STATE OF TEXAS Fax: 2S1-4i COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING SIN ACCORDANCE WIT!- tl THE PROVISIONS III SECTION 106-171 OF THE CITY OF ~ PORTE'S CODE OF OR DINANCES, AND THE PROVISIONS OF THE TEXAS LOCAL GOVERN. MENT CODE, NOTICE I:; HEREBY GIVEN THAl THE LA PORTE PLAN NING AND ZONINC: COMMISSION Will CONDUCT A PUBLIC HEARrNG ';4T 6:00 P.M ON tH~ 16TH DAY OF oCTeaeJ\i2003. IN THE COUNCIL ~CHA~B1;.R~ OF CITY H~,,,-~EW' WEST FAIR ~~I, PA'RK WAY, LA PORT9' );:EXAS THE PURPOSE dF THI~ HEARING IS TO CONSID ER REZONE REQUESl #R03-006, FOR THE PROPERTY DESCRIBE[ AS LOTS 1 THRU 16 01 BLOCK 156, APPROXI MATELY 1.1478 ACRE~ SITUATED IN THE JOHN SON HUNTER SURVEY A-35, TOWN OF LJ PORTE, HARRIS COUN TY, TEXAS. THE PROP ERTY IS LOCATED A- SOUTH 1 ST STREET BE TWEEN WEST "G" & "H STREETS. THE APPLI CANT SEEKS TO HAVE THIS PROPERTY REZ ON ED FROM GENERAl COMMERCIAL (GC) TC LOW-DENSITY RESI DENTIAL (R-1), TO PRO VIDE FOR SINGLE-FAMI L Y DWELLINGS. ,2 A REGULAR MEETIN( OF THE PLANNING AN[ .. ZONING COMMISSlm WILL FOLLOW THE PUB L1C HEARING TO AC- UPON THE PUBLIC HEARING ITEMS AND TC CONDUCT OTHER MAT TERS PERTAINING TC THE COMMISSION. CITIZENS WISHING TC ADDRESS THE COMMIS SION PRO OR CON DURING THE PUBLIC HEARING, ARE RE QUI RED TO SIGN IN BE FORE THE MEETING I~ CONVENED. re 'Sening The Bayshore Area Since 1947' City of La Porte CUUflty of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a semi-weekly newspaper published and generally distributed in the City of La Porte, Harris Coul}ty, Texas and who after being duly sworn, swears the attached notice \vas published in The Bayshore Sun dated September 28.'.2003 ~jArijJkJ-a/ Karolyn Kellogg Authorized Representative Sworn and subscribed before me this 23rd day of October ~Ji. 4~D'""- Sandra E. Bumgarner . Notary Public Harris County, Texas CITY OF LA PORTF BHUlIT B e e City of La Porte Established 1892 October 20, 2003 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezone Request #R03-006 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its October 16, 2003 meeting, held a public hearing to consider Rezone Request #R03-006 for approx. 1.478 acres of land along south 1st. street between west 'G' & 'H' streets. The applicant, Lance Oliphant, seeks to rezone the property from General Commercial (GC) to Low-Density Residential (R-1). The Planning and Zoning Commission recommends approval of Rezone Request #R03-006. As part of the Commission's approval, the applicant is required to install, at minimum, a six-foot site bearing fence with landscaping including trees along the rear property line to help reduce the possible impact of light and noise. Respectfully submitted, Y{~~ Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 BtUIT C e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions in Section 106-171 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of November, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R03-006, for the property described as lots 1 thru 16 of block 156, approximately 1.1478" acres situated in the Johnson Hunter Survey, A-35, Town of La P~rte, Harris County, Texas. The property is located in the 800 block of South 1st Street between West "0" & "H' Streets. The applicant seeks to have this property rezoned from General Commercial (GC) to Low-Density Residential (R-l), to provide for single-family dwellings. A regular meeting of the City Council will follow the public hearing to act upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con, during the public hearing, are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. 1XH181T D 820 South 8th Street e La Porte, Texas 7i571 e 281.471.1234 Fax: 281.471.5763 The re Sun I' c.~ 'Sening The Bayslzore Area Since 1947' THE.~TATE qf>TEXAS COUNTY OF HARRIS CITY OF LA PORTE City of La Porte Cuunty of Harris State of Texas NOTICE OF PUBLIC HEARING 1!~::~flJ~ AuthOi;zeci Ren.re~entative I In accordance with the provisions in Section 106- 171 of the City of La Porte's Code of Ordinan. ces, and the provisions of the Texas Local "Govern- ment Code, notice Is here- by given that the La Porte City CQJIA8lI will conduct a pubIlC;Mari~ at 8:00 P.M. o~i\..~,.j ay of No- V8 t; ,in the Coo I Ch bers of City Hall, 604 est .~ont par1<waY'~~T~f:i( The pu O~IS e ingist ns! rR" e Request #R03. r the property descri as lots II 1thru 16 of block 156, ap_ 1- proximately 1.1478 acres 1- situated in the Johnson oe Hunter Survey, A-35, IS Town of La POrle, Harris 'S County, Texas. The prop- 70 erty is located in the 800 :: Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a semi-weekly newspaper published and generally distributed in the City of La Porte, Harris County, Texas and who after being duly sworn, swears the attached notice \-vas published in The Bayshore Sun dated October 22, 0,2003 Sworn and subscribed before me this 23rd day of October ~l.;i~D~~ , , Sandra E. Bumgarner Notary Public Harris County, Texas :JU'::U VI ,....,..... -...- ,-_.') 471-5030 for further infor- mation. ) _lIlT" E I,UlI- 1 't-l:.UU.J "1:.11 1 U' .J I nil Inn nv. .1 VI e City of La Porte Established 1892 APPLICATION FOR . ZONE CHANGE REQUEST Q,FFICE. USE ONI.Y-=- FEE: $100.00 . Application No.: Date :Received: Receipt No.: rJ3 - 006 c\- {" - C5l> I...i 3 ~ ~S?" ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan C4 General Plan ( ) Site Plans Submitted on Appliant'sName: L A/V C iF all;0/1 A)(T Address: Ila~ . hi fOe~r ~~ Ph: Z RI- "/70- f J' g5 Date: S /; J' 10 ~ ' Signat~ire: Owner's Name: LANC~ tJl/t:Jhc/f) r , Address: /Iot V ;:;~es-l~ Ph: 2J?/- L/7tJ-cf'rfRS Property Legal DeScription: L -Is / - It B I K J 5" b 0( See Attached _ ___._.__..-Date: I AM TIm OWNER OF THE HEREIN DESCRIBED PROPERTY AND IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF I " . ([ll. . I /'. . f i1~ r ._-.SIgnalu(~L~.LL - j_ Ld..1L _ __.____ u._.__ .' Requested Zone Change: ;< - J ... SIC No: .P'Ilposed Usage: 6~..t. ~li~Lt!:/ l/ OFFICE USE ONLY ~ - ~t:..Iz~ zone: 6c. 1) Planning &. Zoning: (a) Preliminary Meeting. (b) Public HearinglMtg. - Recommendation: Applicant Notified of Date(s): ( ) 1st Mtg. Adjoining Property Owners Notified: 2) City CouncU: (a) Regular Meeting - (b) Public H=inglMtg. - Approved ( ) Adopted by Amendment Ord. #1501 . Denied () ['L' (\...,,\11~ .1..1r"r't.T"lln.~7~;~.ll1.;' (71\)Jil.~020 ( ) 2nd Mtg, J '. e e A Meeting ofthe La Porte RECEIVED . pl!!1nning and Zoni.ng Commission crype of Meeting) DC I U 6 2003 Scheduled for PLANNING DEPT.. October 16, 2003 (Date of Meeting) to Consider Rezone Request #R03-006 crype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of gmnting this request for the following reasons: ~F(J(ltJ\ ~'-1- ~'(~ w tiT'" ~ (\ . ~~"ea ~ d4h.r-..._.:) ~ ~-o -IT {~ ' \ ~ \- -r~-t ~ ~Q.-r A-S1i.~-r L\C1.r,l-r" AT t..!C 4--:.H . rvv.,i~ CtAG t G.rrr~ . E"XCaJ( T~ ~ \ '4:w~ /V'A\ \ ~~~ &k~ S~ p~ I am OPPOSED to gmnting this request for the following reasons: Gos~~.4 7: RJ6'1"'Cc., .~~~ '" ~l G.\L.BClI1. ~l PL.'( ~ ~ O~~tiS ~,."' ReoW\. - ~ S''-~ ~<-lL7 ~ ~d' ~,U - 5~ G;a ~~ ~~, k7L::~ Signature 8"~, ~ Address ~Itt>__ A2 77rr7 I City, State, Zip e e A Meeting of the La Porte pll1nning and Zoning Commission crype of Meeting) Scheduled for to Consider RECEIVED OCr 0 PlA 8 Z003 IVIVING DEPf October 16, 2003 (Date of Meeting) Rezone Request #R03-006 crype of Request) I have received notice of the above referenced public hearing. :~!~~i3r:;;!52~~ f!~~~~-:~~~~~~ I am OPPOSED to granting this request for the following reasons: Je s 'i:l f., P ;;." Y>:}e,"r- "'!lL. ilA,~ qt J'-o."jatJ~ JV'I N e (pleas~t) Address 94...~Kltrr+- L<<R~f4,h<. 77~/ Signature City. State. . We .<>w"" +~€- ?~re..~t'7. 4-1 f?~c':) s: ~<!JJ<w~ JJL>tJ .<>" '" u rid 7- l1J...e:J.j cr"".". sh,,~ ~...vn4>Y; e It A Meeting ofthe La Porte RECEIVED pl~nnin~ and Zo~ Commission OCT 1 0 2003 (Type of Meeting) Scheduled for PLANNING DEPT. October 16, 2003 (Date of Meeting) to Consider Rezone Request #R03-006 (Type of Request) I have received notice of the above referenced public hearing. ~ 'tn ~R of granting this request for the following reasons: N.tW S;h~U: i=A-YKiL Y Dwe) linb<.. WILL.- .,iuPno..;e a.LL acunol.. VO.J~ ik. ..J.t~ Not;/::. H &tl. J.I.()ob 1JiJr::> we- wll Uh'le... JlL ~e&.eJ~ ~I -1-0 ~dLL~ CA ~ 1M All () ~-t WloMi6~ ~~ it.\. ~~ ~ {,u 'n'\..VJ . OPPOSED to granting this request for the following reasons: SUPEiL,.J11;;oJT.:I1k: diC ~ Jl.lULr T:>f2. MADI ," J. ... ..,... LINbF:/l Y/{~1t~ JtJ/J?. ~k :TAL.~ .$.u. ,+ Address LA- (?tt.k. 1'1 7 7~7 J City. State. Zip . .. . L dU .............................................................................................................. an se Chapter 4 GOAL 4.1: OBJ.4.1a: Policy 1: Action 1: Action 2: Action 3: Action 4: ODJ.4.1b: Policy 1: Page 4-2 Achieve growth through a deliberate planning process that emphasizes an orderly, compact, and cost efficient land use pattern. Utilize to the maximum extent possible the undeveloped parcels of land within the City limits that are currently served (or can easily be served) by adequate public facilities and services for in-fill development. The City should create a positive public-private partnership to encourage sustainable development within the existing city limits and particularly the existing service area of municipal infrastructure. Consider. a tax reduction program whereby there are financial incentives for a specified period of time for in-fill development. Encourage private development through some flexibility in zoning and subdivision regulations to allow standard development on existing parcels while preserving existing zoning in regards to residential versus commercial development. Develop a proactive marketing plan to attract developers to La Porte. Develop a Master Plan to encourage retail/residential development and consider expending public funds to incite the development by providing utilities. Achieve orderly, contiguous development that is compatible with adjacent land p~rcels and consistent with existing zoning ordinance. The City should seek to ensure that adjacent land uses are developed compatibly and take measures to mitigate land use transitions with differing intensities. In general, high intensity uses should be adjacent to each other and likewise for low intensity uses. Land uses in order of intensity from least ~o greatest are as follows: · Agriculture · Low density residential . Medium density residential . High density residential · Professional services · Office, industry and research parks · Commercial retail establishment · Highway-oriented commercial · Warehousing, assembly, and wholesaling · Light industry . Heavy industry The greater the difference in the intensity of adjacent land uses, the greater the amount of buffering required. ...............................................................................1:a ~orte (7on'JJrel,ens;vel'lan lll'date . . REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Nick Finan Source of Funds: N/A Department: Plannin Account Number: N/A N/A N/A N/A Report: _Resolution: _Ordinance: ....K..- Amount Budgeted: Exhibits: Amount Requested: P & Z Staff Report Aerial Map Zoning Map Ordinance Rezone application Mail Out Response Reference from Comprehensive Plan Budgeted Item: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their October 16, 2003 meeting, held a public hearing to receive citizen comments regarding Rezone Request #R 03-006. This request involves 1.1478 acres located in the 800 Block of South 1st Street, between West 'G' & West 'R' Streetso Mr. Lance Oliphant is requesting a rezone from General Commercial (GC) to Low Density Residential (R-l). The applicant is proposing single-family dwellings at the site. As required by Ordinance, thirteen (13) notices of public hearing were mailed to property owners within 200' of the site. Staff received three response so Granting this requested change would be in agreement with the Land Use component of the La Porte Comprehensive Plan (Objective 4.1a, speaks to infill of parcels that have adequate water and sewer available). The Planning and Zoning Commission, by a unanimous vote, recommends to City Council approval of Rezone Request #R03-006. As part of the Commission's approval, the applicant is required to install, at minimum, a six-foot site bearing fence with landscaping including trees along the rear property line to help reduce the possible impact of light and noise. Action Required bv Council: 1. Conduct public hearing. 2. Consider approval of Rezone Request #R 03-006. ADoroved for City Council A2enda ~~.cM~~ I /~tf-i)"3 Date . e Staff Report October 16, 2003 Zone Change Request #R 03-006 Back2round: The subject tract comprises approximately 1.1478 acres of land out of Johnson Hunter Survey, A-35, Town of La Porte, Harris County, Texas. The property is located along South 1st Street between West '0' & 'H' Streets. The tract in question is bounded by a bank building (closed) with drive- through facility and Bayshore Condos on the north, commercial buildings/shops to the south, an art studio and commercial buildings along South Broadway on the east, and single-family residential district on the west across 1st Street. The applicant seeks a rezone from General Commercial (GC) to Low- Density Residential (R-l) for single-family dwellings. As shown, this rezoning would consist ofhalfofblock 156 along South 1st Street. Analvsis: In: considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use - Review of the Land Use Plan shows this area developing with commercial uses. However, the residential land uses are within the vicinity of the subject tract. There is a house with a business to the west of the property across 1st Street. In addition, existing Bayshore Townhouses are located to the northwest comer of the propertyo The proposed change is compatible. However, the request is not consistent with the Land Use Plan, which shows commercial uses. If the Commission approves the zone change request, then the Land Use Plan should be amended accordingly. Transportation - The tract gains access using South 1st Street. West 'G' & 'H' Streets connect to S. Broadway, a thoroughfare with 100' ROW, which provides access to Fairmont Parkway and State Highway 146. The traffic generated by this development should not negatively impact the transportation system. Parks and Recreation - The nearest park facility is the Central Park along San Jacinto Street. This facility serves several neighborhoods within a 1 to 2 miles radius. However, the pedestrian connectivity will be considered in the planning stage of this development. At the time of platting, the developer is responsible for dedication of parkland or fees in lieu of parkland. e - Zone Change Request #R 03-006 P & Z 10-16-03 Page 2 of2 Utilities - The public water and sanitary sewer systems are available to the area. However, the infrastructure was not analyzed in detail to ensure that sufficient capacity exists. This analysis will occur when a subdivision plat is submitted. In addition, the Developer must provide any structures or improvements necessary to serve future development. Storm water drainage and detention is also an issue that will be carefully reviewed as the project develops. Staff recommends on-site detention for the proposed development. Residential Development - The intent of the Comprehensive Plan is to provide for attractive low-density residential neighborhoods. The attractive appearance and environmental quality of future low-density residential neighborhood should be protected and improvements made where necessary to maintain the value of the properties and enhance the quality of life. However, there are potential developers interested in developing single- family residential dwellings similar to this scenario. The Commission may consider flexible zones to meet the future housing needs in La Porte. Conclusion: Staff recommends that the Planning and Zoning Commission consider this rezone request with the provision of buffering measures, i.e. solid wall adjacent to the alley abutting non-residential land uses. In addition, the Commission may wish to consider further study of S. 1 st Street to determine if rezoning of certain lots to residential is applicable. Actions available to the Commission are as follows: . recommend approval of the zone change as requested, . recommend denial of the zone change as requested, and . recommend approval ofa modified version of the zone change. ~ . . CLAUNCH & MILLER, INC. Engineering Consultants ATTACHMENT "A" October 29, 2003 Mr. Stephen L. Gillett Director of Public Works City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 RE: Engineering Services for the 2004 Waterline Improvements Dear Mr. Gillett: Claunch & Miller, Inc. (CM!) is pleased to submit this proposal for providing engineering services on the above referenced project. DESCRIPTION OF PROJECT 2004 Water Line Improvement Proiect The project consists of water line improvements as follows: Rustic Gate Street- This improvement consists of replacing the existing 12" AC water line with a new 12" PVC water line along the north side of Rustic Gate Street from Farrington Blvd. to Old Hickory Drive (approximately 1,300'). This project also includes the replacement of all the existing sidewalk on the north side of Rustic Gate in this area. K Street IDeht ofWav - This improvement consists of installing a new 12" water line from SH 146 to South 8th Street. This line will provide a new connection loop to the existing 16"water line along SH 146 to replace the connection at Fairmont Parkway that was abandoned as part of a . . preVIOUS repaIr. Fairmont Parkwav Relocation - This improvement consists of relocating a portion (approximately 1,000') of the existing 16" La Porte Area Water Authority Surface Water Supply Transmission Line. The section to be relocated is between the Southern Pacific Railroad right of way and 16th Street. The preliminary estimated construction cost for the water line improvements is $262,000.00. Page 1 of9 4635 Southwest Freeway, Suite 1000 · Houston, Texas 77027-7169 · 713-622-9264 · Fax 713-622-9265 - ~'--'--_._-- ! ' ". - ,.,--............. r-' ./,'---\:)/1 ....../.. : ", /~,...... .,/,,! I , ::~== ~.::, .~~~~~l~ ~ .. ___~__.._____..J eJ e_ SCOPE The scope of engineering services is as follows: DESIGN PHASE SERVICES Preliminary Phase Basic Services · Research and gather existing data on the project such as existing utility information, pipeline crossings, and drawings on the existing utilities. · Examine geotechnical information to determine potential soil conditions and potential impact on construction methodology and costs. · Compile and review other information such as right-of-way, easements, traffic requirements, construction scheduling, and construction packaging to help determine impact on construction costs. · Coordinate with other governmental entities or utility agencies in regard to the project. · Provide estimated construction costs. · Coordinate with the City of La Porte and apprise the City ofCMI's fmdings and analysis, and obtain input from the City. · Prepare a letter report presenting the findings, estimated costs, and schedules for the work. · Provide (1) one.~aft report ofthe report to the City for comments. · Incorporate appropriate comments and corrections from the City's review. · Provide five (3) copies of the Final Preliminary Engineering Report to the City of La Porte. Page 2 of9 -.---;- -.---------,." --.....; ; '1- :..-::::::::;=---::::;::::::;-;:. ! . /-: -'\ <) /! '../ . \ J. '.,I' /. . :~.~'~~:::~. .-J _~l= . e e Preliminary Phase Special Services Field Survey Services · Obtain full topographical survey for the full right of way for Rustic Gate Street from Farrington Blvd. to Old Hickory Drive (approximately 1,350'). Survey will also extend 100' along streets intersecting streets. The approximate length of survey for the entire project is 1,950 feet. Vertical elevation information will be based on the City of La Porte datum. · Obtain full topographical survey for the south half of the Fairmont Parkway Right of Way from the Southern Pacific Railroad east to the 16th Street intersection. The approximate length of survey for the entire project is 1000 feet. Vertical elevation information will be based on the City of La Porte. · Obtain full topographical survey for the full right of way for K Street from SH 146 to 8th Street. A portion of this area was obtained previously. It is estimated that an additional 350' will be needed to complete the survey of this section. · The survey shall locate right-of-way iron rods and property comers at periodic locations to provide an indication of the right-of-way. · Perform ''measure downs" and provide vertical elevation information on the existing sanitary sewer, storm sewer, and other utilities in the project area. · Perform cross sections at approximate intervals of 50'. Such cross sections shall be the full width of the right-of-way except as noted. · This scope does not include survey services associated with right of way mapping or acquiring right of way. Geotechnical Investigation Services · Provide a geotechnical report presenting an investigation of the soils at the Rustic Gate project location, Fairmont Parkway and 16th Street project location and State Highway 146 project location. The geotechnical report will provide usual and customary information on the existing soil. It will include bedding and backfill recommendations, trench safety information. The report will be based upon information obtained from three borings along Rustic Gate, two along Fairmont Parkway each approximately ten (10) feet deep and one along K Street approximately 25ft. Page 3 of9 , ?=--::;~-;;,--;, . r-, ,) "\./. 1. ( ? .(, '~/' .,",''-" (.) I .: . _'"::"':':;::;?'_:::~ _!:..:.. :__~_ _ _..r______~.1 e . Final Design Services · Proceed with final engineering design based on the City approved recommendations from the Preliminary Engineering Report. · Plot survey data of the proposed alignment. · Prepare fmal engineering design drawings and specifications as one package. · Prepare final cost estimate for the project. · Complete coordination with other governmental entities or utility agencies in regard to the project. Assist the City in obtaining and/or securing approvals required by all governmental authorities with jurisdiction over the design and/or the operation of the project and all public and private utilities companies affected by this project. This assistance will involve the usual expected coordination and approval process. When the process involves work beyond the expected, such as ; special submittals, designs, appearances at special meetings, coordination of utility/pipeline excavation efforts, permitting applications, etc., such work would be considered under the Special Services portion of this proposal. · Coordinate with the City of La Porte during the final design process and provide draft documents for the City to review and comment upon. Incorporate appropriate comments with the final bid documents. · Furnish five (5) sets of construction documents to the City. CONSTRUCTION PHASE SERVICES This phase will be entered into after the acceptance of the Final Design Phase document by the City of La Porte. · Assist the City in obtaining bids for the project. The City of La Porte will advertise the projects and will absorb all related advertising costs. CMI will coordinate with the City and will assist in developing the wording of the advertisement. · Dispense construction documents from CMI's office to potential bidders. · During the bidding process, provide infonnation to and answer questions from potential bidders concerning the Project's construction documents and prepare addendums as necessary. Page 4 of9 . --- ._--- --. _...-j ; i;~::::-~~~=;-=~:-j;=:- : . '. ',-J/.'\~; I......"'/! ." . .2::-:. :=~.- ~ '~='-----s I _ __ .__. .. _.___~_.-J e . · Evaluate the bids and the qualifications of the apparent low bidders and advise the City as to the acceptability of the apparent low bidder. · Review and respond accordingly to all submittals as required by the contract specifications. · Prepare change orders necessitated by field conditions. · Review the contractor's pay estimates, evaluate the completion of work, and make payment recommendations to the City. · Visit the site at various stages of construction to observe the progress and quality of executed work and to determine in general if such work is proceeding in accordance with the Contract Documents. Full time site representation is not included as part of the Construction Administration tasks. · Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). CMI's effort will be directed toward providing a greater degree of confidence for the City of La Porte that the completed work of Contractor(s) will conform to the Contract Documents, but CM! will not be responsible for the failure ofContractor(s) to perform the work in accordance with the Contract Documents. During site visits CMI shall keep the City informed of the progress of the work, shall endeavor to guard the City against defects and deficiencies in such work and may disapprove or reject work failing to conform to the Contract Documents. · Conduct a final review of the Project and make a recommendation for Final Payment on the Project. · Engineer shall provide one set of reproducible record plans based on the drawings provided to the Engineer by the Contractor(s). Page 5 of9 :-:...; .:..::.:;.--:...:-... -:;::- r 1/ I~"'" -..\ ...... ; 'v' . 'J. ' \. ' . ~ ,,'\.. . "'......' I . r,' (;; I : ~_:.~::.:.:";:~..=:'t ' e . . . ___.a__~__...... _ ._ __ _ SPECIAL SERVICES Special services are those services that are beyond the basic services provided for in the scope portion of this proposal. Due to the nature of this project there are certain Special Services which are anticipated and other special services which mayor may not be required. In the fee portion of this proposal the special services which are anticipated are listed. Other special services may be required and may be identified as the project progresses. A budgetary amount for these miscellaneous services is noted in the fee section. Such services are to be performed only when authorized by the City. Anticipated special services and potential special services include: 1. Surveying 2. Right-of-way research, deed research, and abstracting. 3. Site Easement and Right of Way Acquisition work such as: preparation of metes and bounds; verification of ownership of property; preparation and submittal of title report or title commitment. 4. Geotechnical Investigations 5. Environmental Site Assessment 6. Traffic Control Planning and Design 7. Printing of Plans, Specifications, and Reports beyond those copies to be provided as noted in basic services. 8. Extra Construction Phase Services in the event the project extends beyond its designated contract period. 9. Additional or extended services during made necessary by (1) work damaged during construction, (2) a significant amount of defective or neglected work of Contractor(s), (3) prolongation of the construction contract time, (4) acceleration of the progress schedule involving services beyond normal working hours and (5) default of contractor 10. Other miscellaneous tasks that the City of La Porte desires CM! to perform. 11. Assist the City as an expert witness or factual witness in any legal proceedings or litigation arising from the development, permitting or construction of the Project. Page 60f9 ~: ~ :-~~':-~~~~:j~1 : . . r ) <. .' I', ". __' ::'.-:. I i'v . l_....~-=:::-~._ :::~L..-k e e 12. Assist the City in making arrangements for the work to proceed in the event that the construction contractor is declared in default for any reason 13. Prepare supporting data and other services in connection with change orders in the event the scope of services is changed or modified. 14. Assist the City in securing any special licenses or permits which may be required for the completion of the project, it being understood by the parties of this agreement, that the fees for said special licenses and permits will be paid by the City. 15. Provide any other services related to the project not otherwise indicated in the Basic Services or other Special Services and not customarily furnished in accordance with generally accepted engineering practices. 16. Re-packaging of bid documents to provide multi-bid packages and/or rebidding the proj ect. 17. The provision of a construction site representative and associated supervision and administration services. 18. Coordination with utility pipeline field location efforts and special meetings with pipeline companies. CM! will endeavor to apprise the City of any potential additional or extended services which may result from the above listed items, prior to CMI's expenditure of time on such services. As previously noted, any such extended or additional services shall only be performed when directed by the City to CM!. Page 7 of9 j---'" ..-~...--- : ~ ~_." e e -- ---- _.~--"- : ;/::'~~:;'::~-'/~ '. 1/>..\' ''v'j : ~-~~_-..:~:~~~~. , FEE SCHEDULE DESIGN PHASE SERVICES Preliminary Design Basic Services (Lump Sum Amount) $ 4,775.00 Special Services: *Survey (Cost plus 10%) **Geotechnical Investigation (Cost plus 10%) $ 6,250.00 $ 3,300.00 Final Design Basic Services (Lump Sum Amount) $19,650.00 CONSTRUCTION PHASE SERVICES *Engineering Services during the Bidding and Construction Phase (Hourly and Cost plus 10%) $ 4,925.00 TOTAL AMOUNT $38,900.00 *These figures are budgetary based on estimated man-hours to perform the scope of services and may increase or decrease depending upon actual work required. If an increase becomes necessary it can be accomplished by utilizing available funds from other line items that have under run, or by contract amendment. **The estimated costs for the Geotechnical services are based on performing all the areas at one time and combined within a single report. Claunch & Miller, Inc. will submit monthly progress invoices for all work completed to invoice date. The total contract authorization amount is not-to-exceed $38,900.00. Time and materials charges and additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor costs times a factor of 2.99 and direct cost plus 10%. No additional services will be performed or invoiced without prior authorization form the City of La Porte. Page 8 of9 r;-=v=--_o.- 'I' --, 0 ........../ . . ? <: i' /1 .. '---C,. IV! .'-~::-~-=::~ . . -------.. --' - .--.. -" . . Claunch & Miller, Inc. will submit monthly progress invoices for all engineering work completed to invoice date. The invoices would be based on a percentage of completion of each phase applied to the lump sum fee. Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and to continue working for the City of La Porte. Sincerely, CLAUNCH & MILLER, INC. ~~~fE~ President CEC/JDR/jr Page 9 of9 t' .~' ,"; ~.:;:'::,:.:.:::~~GENb'. j' i' . '" . PROPO..SE. D. REZONE :REQUEST #R 03-. 006. . . '.' t,' BLOCK:156LOJ'S1<16 "... . .. '. " 'TOWN OF. LA PORTE SUBDIVISION . " '" ,,; ;' ,'J l:~> '; '. > ',~' \ ; :... ):\' . . ; PROPOSED AREA oF"REZONE 136 153 160 ~77 135 WEST "G" STREET 154 WEST "H" STR li:i w 0:: Iii 159 134 tu w 0:: I- Ul "0 c: N I I- :J o Ul 155 ,I , "E M I I- :J o Ul 1 N.T.S. 13J 'lt9 ,'I ' ,;/'<'.J~' (/ ,,l'f ,J. ',6 /,,, " ;1 '/'''1 :,t-' I ., 272 ~ s C) <: o '(l CO J: ~ ::> . ,:0 "CJj 300 tu w 0:: I- Ul ..... III ..... ~ :J o Ul 157 , ' 180, 318 , i , '! ,I R:\OlY MAPS\OFFlCIAL CITY MAPS\ZONING\OFFlCIAL-ZONING-MAPodwg