HomeMy WebLinkAboutO-2003-1501-BBB tabled 7/14/03; scup 03-001
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ORDINANCE NO. 1501-~ r; 11 /'f~~
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 GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT
CERTAIN PARCEL OF lAND DESCRIBED AS FOllOWS, TO-WIT: 20.769 ACRES ALONG
EAST BARBOUR'S CUT BOULEVARD, BEING lOTS 17-32 BLOCK 438, lOTS 1-32
BLOCK 439 AND ADJOINING AllEY, lOTS 1-16 BLOCK 974, lOTS 1-32 OF BLOCKS 975
THRU 979, AND ADJOINING AllEYS WITHIN THESE BLOCKS AND PORTIONS OF 10TH,
11TH, 12TH AVENUES, BROWNEll, NUGENT, HOLMES AND CARROll STREETS, OUT OF
JOHNSON HUNTER SURVEY, ABSTRACT 35, lA PORTE, HARRIS COUNTY, TEXAS, FOR
THE PURPOSE OF DEVELOPING A TRUCK PRE-CHECK FACILITY IN A PLANNED UNIT
DEVELOPMENT (PUD) ZONE; 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 15th day of May, 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 May 15, 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
ORDINANCE NO, 1501_lIJa ..-
Page 2 ~
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Commission, by letter dated May 16, 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,
"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 9th day of June, 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 conditions of said Conditional Use Permit are as set forth in the
incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F", "F-1", and "F-2", inclusive. The description of said parcels of land
classified pursuant to said Special Conditional Use Permit are as follows, to-wit:
20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, lots 1-32
block 439 and adjoining alley, lots 1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining
alleys within these blocks and portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and
Carroll Streets, out of the Johnson Hunter Survey, Abstract-35, City 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 NO. 1501- db....
Page 3 P'/-
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Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan,
"Section 8. The City Council official 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
day of
,2003.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, 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 15th day
of May, 2003, in the Council Chambers of City Ha1~ 604 West Fairmont Parkway, La Porte, Texas.
The purpose of this hearing is to consider Special Conditional Use Permit #SCU03-001, requested
for 20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots
1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and
portions of 10th, 11th, 12thAvenues, Br~wnell, Nugent, Holmes and Carroll Streets, out of the
Johnson Hunter League, Abstract-35, City of La Porte, Harris County, Texas, The applicant, Port
of Houston Authority, seeks to develop a Truck Pre-Check facility in the Planned Unit
Development (PUD) zoning district. In accordance with Section 106-216 of the Code of
Ordinances, a special conditional use permit is required for development in the PUD zoning district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing. The
Commission will act upon the public hearing items and conduct other matters,
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 LAPORTE
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 the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-503 Of or further information,
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trt~~1r~~!'.p~~k,eared Karolyn Kellog;}, 2. duly autnorJzea
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'.' cant, Port' ()f Houston AI.i~,
. . thority; seeks to 9eveloP a :
',Truck p~ .;ttleckfacllity In .:
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Karolyn Kell09g
,t.'.I~:,xized Re[)resentative
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City of La Porte
Established 1892
May 16, 2003
Honorable Mayor Nonnan Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on May 15, 2003,
considered a Special Conditional Use Permit #SCU 03-001. The applicant, Port of Houston
Authority, seeks approval to allow a truck pre-check facility along E, Barbour's Cut Boulevard.
Earlier, the Commission heard their development proposal as a workshop item during the April
17, 2003 meeting, .
After careful consideration, the Planning and Zoning Commission has, by unanimous vote,
recommended that City Council consider approval of Special Conditional Use Permit #SCU 03-
001 with the following conditions in place:
1. Adhere to the terms provided in the Home Owner's Assurance Plan.
2. Ensure that at least 30 percent of the property consists oflandscaping and/or
screenmg,
3, Provide detailed landscape and screening plans during site plan submittal, Allow
existing trees and shrubs to remain as natural buffer, Provide "in fill" plantings of
trees and shrubs.
4. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
5. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of
graffiti and to increase the likelihood that vines/greenery will attach to the wall.
6, Adhere to the provisions and details shown in facilities lighting plan. Ensuring that
all illumination occurs on site and does not affect nearby residences,
7, Enhance the building fa~e that is architecturally and aesthetically pleasing, Design
must be approved by the Planning and Zoning Commission,
8. Prohibit the overnight parking of trucks at the facility.
9. Hours of operation shall be no earlier than 7 am and later than 6 pm.
10, The applicant will pay the public hearing costs.
11, The Developer shall comply with all other applicable laws and ordinances of the City
of La Porte and the State of Texas.
Respectfully Submitt~
f5J~c.JcJe:-~
Betty T, Waters
Planning and Zoning Commission, Chairperson
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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TIlE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARlNG
In accordanCe with the ,provisions of Section- 106-171 of the .Code of Ordinances of the City of La
Porte, 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 9th day of June, 2003, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this
hearing is to consider Special Conditional Use Permit #SCU03-001, requested for 20.769 acres
along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots 1-16, block 974,
lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and portions of 10th, 11th,
12th Avenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter League,
Abstract-35, City of La Porte, Harris County, Texas, The applicant, Port of Houston Authority,
seeks to develop a Truck Pre-Check facility in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit (SCUP) is required for development in the PUD zoning district,
A regular meeting of the City Council will follow the public hearing. The Council will act upon the
public hearing items and conduct other matters.
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. Re.quests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting, Please contact the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
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:)~;::-r~i,ii~eif:,f?~.Xd~vel?p-.<:Jeared Karolyn Kellan. c: duly authorized
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City of La Porte
Special Conditional Use Permit # SCU 03-001
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This pennit is issued to:
Port of Houston Authority
Owner or Agent
For Development of:
P,O, Box 2562 Houston, TX 77252
Address
Port of Houston Authority Pre-check truck. facility
Development Name
East Barbour's Cut Blvd, La Porte, TX
Address
Legal Description:
20,7 acres of land beina lots 17-32 of block. 438, lots 1-32 block 439 and
adioinina alley. lots 1-16 block 974, lots 1-32 of blocks 975 throuah 979 and
adioinina alleys within these blocks and Dortions of 1 otn, 11 In. and 12m Aves.,
Brownell. Nuaen" Holmes and Carroll Streets, out of the Johnson Hunter
Leaaue. A-35 City of La Porte. Harris County, Texas,
Use:
Planned Unit DeveloDment (PUD)
Pre-check truck. facility
Zoning:
Permit Conditions:
1, Adhere to the tenns found in the Property Owner's Value Assurance plan (as described in Exhibit F-1),
2, Comply with the General Plan approved by the City as shown in the attached Exhibit F-2.
3, Ensure that at least 30 percent of the property consists of landscaping and/or screening,
4, Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and
shrubs to remain as natural buffer, Provide "in fill" plantings of trees and shrubs,
5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer,
6, Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to
increase the likelihood that vines/greenery will attach to the wall,
7. Adhere to the provisions and details shown in facilities lighting plan, Ensuring that all illumination occurs
on site and does not affect nearby residences,
8, Enhance the building fa98de so that it is architecturally and aesthetically pleasing. The Planning and
Zoning Commission must approve the design,
9. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am,
10. Hours of operation shall be no earlier than 7 am and no later than 6 pm.
11. The applicant will pay the public hearing costs,
12, The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the
State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the tenns of a special
conditional use pennit shall void the pennit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission,
If construction is tenninated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use pennit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped,
Validation Date:
Director of Planning
City Secretary
~'a'l F
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City of La Porte
LCsluhlis!Jcc! 18Y:J
Memo
DaIs
Mayor and City Council
Debra Feazelle, City Manager
John Joems, Assistant City Manager
Martha Gillette, City Secretary
John Annstrong, Assistant City Attorney
Gwen Goodwin, City Planner ~
7/1112003
Port of Houston Authority - Property Owners Value Assurance Plan
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Re:
On June 24, 2003, Mayor and Councilmen Meismer and Warren met with Port officials to discuss
changes to the Home Owners Value Assurance Plan. The results ofthe meeting are reflected in the
following enclosed documents: Property Owners Value Assurance Plan, Property Owner Application,
Property Owners Contract, and an Intertocal Agreement. (See Exhibit F-1,)
On July 11, 2003, the Assistant City Attorney, John Annstrong, reviewed the above items and
recommended the following revisions:
. Prooertv Owners Value Assurance Proaram. Item #5 - "The Port's obligation to purchase
property will not begin under the Value Assurance Program until the Port Authority receives a
Building Pennit from the City of La Porte..."
. Prooertv Owners Contract for the Value Assurance Proaram - ''The Port Authority agrees to
purchase, at the agreed sales price, on an 'as is basis~ together with all faults, as at the time of
the appraisaL"
The Council should also note that the Port added a $2 million dollar obligation limit to the Property
Owners Value Assurance Program, (See Item #10.)
At their July 28th meeting, the Port Commission will consider these changes and our revisions, Upon
the Commission's approval, these items will replace the resolution previously approved and adopted by
the Port Commission on December 16, 2002,
For your convenience, a revised copy of the Ordinance, Special Conditional Use Pennit (Exhibit F), and
companion General Plan (Exhibit F-2) are included,
P, 0, Box 1115 . La Porte, Texas 77572-1115 . 281-471-5020
,.
Reqtst for Port Commission Acln
To: Executive Director
Subject
Property Owners Value Assurance Program
Category - M
General
Page Minute #
1 of 5
From (Department or Other Point of Origin):
Origination Date:
Agenda Date:
Real Estate Department
Director's Signature:
June 26, 2003 July 28, 2003
Department Affected:
Operations Department
Real Estate Department
Date and Type of Prior Authorizing
Commission Action:
2002-1216-30
For Additional Information Contact:
Brenda McDonald (713) 670-2679
Recommendation: (Summary)
Recommendation for Authorization to Amend a Resolution for a Property Owners Value Assurance
Program in Connection with the Barbours Cut Truck Entry Station Project and Enter into an Interlocal
Aareement with the City of LaPorte, Texas,
Amount of Funding:
Executive Director Signature:
Not to Exceed $2,000,000
Recommendation:
The Port Authority is currently working with the City of LaPorte, Texas to replat, rezone, and approve a
planned unit development for the Port Authority's truck entry station on Barbours Cut Blvd. During
meetings with the adjacent property owners, concerns were expressed about possible declines in their
property values once the truck entry station is completed,
In response to these concerns, the Port Authority passed a Resolution on December 16, 2002, for a
Homeowners Value'Assurance Program, The City of LaPorte reviewed the Resolution and in their
June 9, 2003, City Council Meeting, requested that the Resolution be amended, The requested
changes are:
1) to include all property owners within 400 feet;
2) to execute an Interlocal Agreement between the Port Authority and the City of LaPorte concerning
the notification of the property owners;
3) to extend the sign-up period from 30 to 180 days from the date the Special Conditional Use Permit
is granted by the City of LaPorte; and
4) to notify property owners at 90, 60 and 30 days prior to expiration of the Value Assurance Program
between the Port Authority and the property owners who have signed up for the Value Assurance
Program,
An amended resolution is attached, which will replace the December 16, 2002, Resolution, The Port
Authority's obligation under this Resolution shall not exceed $2,000,000,
Therefore, it is recommended that authorization be sought from the Port Commission in its meeting of
July 28, 2003 to approve the attached resolution for a Property Owners Value Assurance Program for
a five-year period to replace the resolution on the subject adopted December 16, 2002, and authorize
the execution of an Interlocal Agreement with the City of LaPorte, Texas which allows for project
notification to the City of LaPorte in connection with the Barbours Cut Truck Entry Station project,
subject to terms and conditions fit and appropriate in the opinion of the Executive Director to protect
the Port of Houston Authority interests and its business relationships with other. tenants and
customers; and further authorize the Executive Director to do any and all things in his opinion
reasonable or necessary to give effect to the foreaoing.
..:~PWrMQ'T R:i~.1._
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Amended Resolution
Value Assurance Program
For LaPorte Property Owners
WHEREAS, the Port of Houston Authority of Harris County, Texas (port Authority) is
working with the City of LaPorte, Texas, to replat, rezone, and approve a Planned Unit
Development on property the Port Authority plans to use for a Truck Entry Station,
(TES) on Barbours Cut Blvd,; and
WHEREAS, the adjacent property owners in Blocks 433, 432, 980, 981, 982, 983, 984,
985, 973, 974, and 988, Town of LaPorte, Harris County, Texas, that are within 400 feet
of the TES have concerns about declining property values once construction of the TES is
begun and want assurance that, should their current property value decline, the Port
Authority will purchase their property; and
WHEREAS, the Port Authority is willing to offer the option to all property owners in the
Blocks mentioned above to sign up for the Barbours Cut Terminal Truck Entry Station
Value Assurance Program, described below, within 180 days following the date the City
of LaPorte, Texas, grants a Special Conditional Use Permit to the Port Authority for the
TES,
NOW THEREFORE BE IT RESOLVED THAT, the Port of Houston Authority of Harris
County, Texas, establishes the following Barbours Cut Terminal Truck Entry Station
Value Assurance Program, for the property owners who sign up for the program:
1, Owners of property in the Blocks described in the Preamble of this Resolution may
sign up for the Value Assurance Program after the City of LaPorte issues a Special
Conditional Use Permit (SCUP) to the Port Authority for its Truck Entry Station for
Barbours Cut Terminal, and those owners may sign up for 180 days after that date,
2, The Value Assurance Program (Program) is not transferable to subsequent owners of
the property, No property may participate in the Program after the 180-day time
frame expires,
3, The Port Authority will purchase the above-described property that is unimproved
property at the 2003 Harris County Appraisal District Appraised Value, Unimproved
property is considered to be vacant land, that is, land with no structures on it. Under
the Program, a slab or utilities are not considered improvements,
4, The Port Authority will purchase the above-described property that is improved
property at the market value as established by a Texas State Certified Appraiser after
the property owner signs up for the Program, The owner of improved property will
select a Texas State Certified Appraiser to assess the current appraised value of the
property within 60 days of applying to enter the Program, Should the Port Authority
disagree with the value determined by the appraisal, the Port Authority will select a
Texas State Certified Appraiser for a second appraisal. If the Port Authority and the
property owner cannot agree on using either of the previous appraisals, the Port
Authority and the property owner shall jointly select a Texas State Certified
Appraiser for a third appraisal to determine final value, If no third Appraiser can be
e
e
agreed upon by the property owner and the Port Authority, the previous two
Appraisers shall jointly select the third Appraiser, All appraisals will be paid for by
the Port Authority, provided such charges are within the range of those commonly
charged for similar services in Harris County, Texas,
5. The Value Assurance Program will not begin, and the Port Authority will not be
required to purchase any property, until the Port Authority receives a Building Permit
from the City of LaPorte, Texas, for the Port Authority's Truck Entry Station on
Barbour's Cut Blvd.
6, The term of the Value Assurance Program shall be for five years from the date the
Building Permit referred to in Paragraph 5, above, is issued by the City of LaPorte to
the Port Authority for the TES,
7, The Port Authority will notify all property owners in the Blocks mentioned in the
Preamble of this Amended Resolution that are within 400 feet of the TES by regular
mail, certified mail, telephone, advertisement, and/or personal meetings. The City of
LaPorte will be informed of the notification progress for the Program.
8, The Port Authority shall contact each property owner who has signed up for the
Value Assurance Program at 90 days, 60 days, and 30 days prior to expiration of the
Program,
9, The Port Authority will use the Application and Contract forms attached to this
Amended Resolution, The Port Authority, through its Executive Director, may
change these forms with the prior approval of the City of LaPorte, Texas.
10, The Port Authority's obligation to pay money under the Program shall not exceed $2
million unless this amount is increased by the Port Commission,
PASSED, APPROVED AND ADOPTED This 28th day of Ju,ly, 2003,
Attest/Seal
PORT OF HOUSTON AUTHORITY
OF HARRIS COUNTY, TEXAS
By:
By:
Name: H. Thomas Kornegay
Name: James T, Edmonds
Tide: Executive Director
Title: Chairman
e Property Owner Application e
for the Barbours Cut Truck Entry Station
Value Assurance Program
The Port of Houston Authority of Harris County, Texas adopted a Value Assurance
Program for the Barbours Cut Truck Entry Station on December 16, 2002. This
resolution was replaced by the amended Program on July 28, 2003, A copy of the
Amended Resolution is attached.
I/We , am/are owners of the property described below, lam/we
are applying for the Value Assurance Program as described in the attached Amended
Resolution. That Amended Resolution applies to this application.
Legal Description of the property:
For Improved Propertv:
The Port Authority will purchase the above-described property that is improved property
at the market value as established by a Texas State Certified Appraiser after the property
owner signs up for the Program, The owner of improved property will select a Texas
State Certified Appraiser to assess the current appraised value of the property within 60
days of applying to enter the Program, Should the Port Authority disagree with the value
determined by the appraisal, the Port Authority will select a Texas State Certified
Appraiser for a second appraisal. If the Port Authority and the property owner cannot
agree on using either of the previous appraisals, the Port Authority and the property
owner shall jointly select a Texas State Certified Appraiser for a third appraisal to
determine final value, If no third Appraiser can be agreed upon by the property owner
and the Port Authority, the previous two Appraisers shall jointly select the third
Appraiser, All appraisals will be paid for by the Port Authority, provided such charges
are within the range of those commonly charged for similar services in Harris County,
Texas,
For Unimoroved Pro1}erty:
The Port Authority will purchase the above-described property that is considered
unimproved under the program at the 2003 Harris County Appraisal District Appraised
Value.
Property Owner of Record
Date
Real Estate Manager
Port of Houston Authority
Date
C: City of LaPorte, Texas
e
Property Owners Contract
for the
Value Assurance Program
e
Legal Description of the property:
CONTRACT SALES PRICE: ALL CASH. $
("Sales Price")
The Port Authority agrees to purchase the above-described property at the request of the
property owner at any time during the Value Assurance Program for the Barbours Cut
Terminal Truck Entry Station as set out in the Amended Resolution of the Port Authority
dated July 28,2003, at the agreed-upon sales price referenced above, The Port Authority
agrees to purchase at the agreed sales price only if the property is in the same condition at
the time of sale as at the time of the appraisal (for improved property) less normal wear
and tear and. for both improved and unimproved property, the seller is the fee title owner
of the property and able to convey the property to the Port Authority free and clear of all
liens and other encumbrances, A standard Texas Real Estate Commission Contract will
be used for any purchase, modified as necessary for use by a political subdivision of the
State of Texas,
The Port Authority agrees to notify the property owner at intervals of 90 days, 60 days
and 30 days prior to the expiration of this contract.
Property Owner of Record
Date
Executive Director
Port of Houston Authority
Date
C: City of LaPorte, Texas
2
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File No.
INTERLOCAL AGREEMENT
BETWEEN
THE PORT OF HOUSTON AUTHORITY
AND THE CITY OF LA PORTE
REGARDING THE PORT OF HOUSTON AUTHORITY
PROPERTY OWNERS VALUE ASSURANCE PROGRAM
Recitals
THIS AGREEMENT, is made and entered into , between the PORT OF
HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, a political subdivision of the
State of Texas, ("the Port Authority") and the CITY OF LA PORTE, a municipality and
political subdivision of Texas, to be addressed at 604 West Fairmont Parkway, LaPorte, Texas
77571, ("the City").
By Minute of its meeting of , the Port Commission, the
governing body of the Port Authority, authorized entering into this agreement with the City for
the purposes described in this Agreement.
The Port Authority and the City agree to the terms and conditions of this Agreement.
1.
I Agreement
The Port Authority will provide the City Council copies of all documentation
related to the Property Owners Value Assurance Program ("the Program") during
the l80-day Program sign-up period,
2,
The Port Authority will provide the City Council detailed monthly progress
reports concerning the Program including the number of property owners who
have expressed interest, responded, or signed up for the Program.
3,
The City of LaPorte will not unreasonably withhQld all necessary permits required
to build and occupy the Barbours Cut Terminal Truck Entry Station,
Draft No, 1 - July 9, 2003
e
e
The parties to this Agreement execute this Agreement and seal it in multiple copies, each
will be considered an original but all will evidence only one agreement, on the date first written
above.
ATTEST: CITY OF LA PORTE
Secretary
By
Mayor
(Affix Seal Here)
PORT OF HOUSTON AUTHORITY OF
H~SCOUNTY,TEXAS
By
Executive Director
APPROVED AS TO FORlVI:
Counsel
2003.815.131
-2-
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.]
MOFFATT &: N1CHOL
3:! .'>J' G 3 N ~ ;: No B
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TOTAL AREA II 2G.781ACREa
DEVELOPED AN:A = 1D.m ACRES (.as.)
OPEN AAEFA. 10._ ACRES ($1 a)
SITE PLAN
BARBOURS CUT TERMINAL
ENlRYPRaCHECkGATE
F.-2
50'
II!ORTH E STIlEn (UNIUP~ ROW)
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BUII.DlNt: SETBACK LINE
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BUILDING (65'x125')-
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III
9
REQulT FOR CITY COUNCIL AG&A ITEM
Agenda Date Requested: Julv 14.2003
Requested By: Gwen Goodwin DfY6'
Department: Plannin2
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Exhibits:
Ordinance
Special Conditional Use Permit SCUP#03-001
Public notice responses
Staff Report
Memo to the Planning and Zoning Commission
Aerial Map
Site Plan nayout
Amount Requested:
N/A
N/A
N/A
Report:
Resolution: _Ordinance: X
Amount Budgeted:
Budgeted Item:
SUMMARY & RECOMMENDATION
In January, the Council approved a rezone of 20 acres on Barbour's Cut Blvd from Business Industrial (BI) to Planned
Unit Development (PUD). The property owner, the Port of Houston Authority, seeks to construct a 14 lane Pre-Check
Terminal, The rezoning was Step # 1 in a series of needed approvals that must occur prior to developing the facility. Step
#2 involves obtaining approval from the Planning and Zoning Commission and City Council for a Special Conditional
Use Permit (SCUP) and closing the streets and alleys associated with this project, After a workshop with the Planning and
Zoning Commission on April 17, 2003, a public hearing was held at the Commission's May 15th meeting. The
Commission, by a unanimous vote (5-0), approved the SCUP with modifications.
At the Council's May 19th meeting, a workshop was held. During the workshop, the Port and their consultant made a
presentation explaining the need for the new facility, air quality issues, drainage, landscaping, utility issues and a lighting
plan. In accordance with Section 106-171(6) of the Zoning ordinance, on June 9th, Council held a public hearing during
which questions were asked regarding the Homeowners Value Assurance Program. The Council asked the Port to modify
the program to include all property owners and not limit the program to only homeowners. Council asked the Port to
provide the forms and other documents that the property owners would sign for review as well as date amendments,
Commissioner Burke, Port Executive Director Tom Kornegay, Mayor Malone, and Council members Meismer and
Warren meet on June 24th to discuss these issues. The following items were tentatively agreed upon pending confirmation
from the Port Commission's Chairman:
. Property owner's agreement will use the Harris County Appmisal District (HCAD's) values and the homeowner's agreement
will use appraisals (not HCAD values).
. All property owners and homeowners will have 180 days to sign an agreement with the Port.
. The Port will infonn the Council at 30, 60, and 9O-day intervals as to the number of property owners and homeowners
responding and participating in the program,
. The agreement will state the effective date as the day the building pennit is approved.
. All property owners and homeowners will be notified 90 days, 60 days, and 30 days prior to the date the agreement expires.
. Council shall review all documents, i.e. appraisal form, 5-year agreement/contract. and other documents to be signed by
property owners and homeowners.
Action Reauired bv Council:
1. Approve SCUP#03-001 subject to the Port of Houston Authority Commission's approval of the revised Value
Assurance Resolution.
i-X -0 3
Date
11 .
REQ.lST FOR CITY COUNCIL AGLA ITEM
Agenda Date Requested: AU2Ust 11. 2003
Requested By: Gwen Goodwin ~
Department: Plannine:
Report:
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Resolution: _Ordinance: X
N/A
N/A
N/A
Amount Budgeted:
Amount Requested:
Exhibits:
Ordinance
Special Conditional Use Permit SCU#03-001
General Planllayout
Public notice responses
Staff Report
Memo to the Planning and Zoning Commission
Aerial Map
Budgeted Item:
SUMMARY & RECOMMENDATION
In January, the Council approved a rezone of 20 acres on Barbour's Cut Blvd from Business Industrial (BI) to Planned
Unit Development (PUD). The property owner, the Port of Houston Authority, seeks to construct a 14 lane Pre-Check
Terminal, This item was tabled several times to give Council time to review documents and obtain clarification about the
inclusion of all property in the Home Owner's Value Assurance Program Resolution,
During their July 28, 2003, the Port Commission approved the amended Property Owner's Value Assurance Program
Resolution. On July 29th, Port officials sent a signed resolution to the City for review, Council is asked to consider
approval of the General Plan/layout, all supporting documents, and Special Conditional Use Permit SCU#03-001 with the
following conditions:
1.
2.
Adhere to the terms of the Property Owners Value Assurance Program (as described in Exhibit F-l),
Sign an interlocal agreement with the City of La Porte regarding the Property Owner's Value Assurance
Program,
Comply with the General Plan approved by the City as shown in the attached Exhibit F-2,
Ensure that at least 30 percent of the property consists oflandscaping and/or screening.
Provide detailed landscape and screening plans during site plan submittal, Allow existing trees and shrubs to
remain as natural buffer. Provide "in fill" plantings of trees and shrubs,
Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to increase the
likelihood that vines/greenery will attach to the wall.
Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs on
site and does not affect nearby residences.
Enhance the building fa~e so that it is architecturally and aesthetically pleasing, The Planning and Zoning
Commission must approve the design,
Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am,
Hours of operation shall be no earlier than 7 am and no later than 6 pm,
Pay the public hearing costs.
Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas.
. I
3.
4,
5,
6,
7.
8.
9.
10,
11.
12,
13.
Action Reauired bv Council:
1. Consider approval of General Plan/layout, SCU#03-001, and all supporting documents.
Aooroved for City Council Ae:enda
Debr;!l!!!!!i(Jl.~JU ( 7:;05
f~ i -H of,u ~pJ- 'i o:tb. .
~
~
= EXISTING ZONING
BOUNDARIES
= PROPOSED P.O.H. SITE
It
e
City QfLa Porte
1!;stabll/s/?/ed 1892
Memo
To: Planning and Zoning Commissioners
FI'DIIK Gwen Goodwin, City Planner (8.(i(
cc: Doug Kneupper, Director of Planning
Date; 4/11/03
Rec Presentation of the Port of Houston Authority's proposed pre-check gate facility
Over the last two years, the Port of Houston Authority worked diligently with staff and property owners
to develop a 14-lane Pre-check gate facirrty proposed on 20 acres on Barbour's Cut Blvd, During these
discussions, staff and property owners developed a list of concems regarding this development These
concerns are as follows:
. Impact of noise & sound pollution generated by the development
. Ughting and illumination of near by residences,
. Increased hours of operation & truck traffic associated with the facility; and concems about
increased truck activity.
. Devaluauon of adjacent residential units and the expansion of the Port's property into the
neighborhood,
To provide the property owners with answers, the Port developed special studies invoMng noise levels,
pollution, property values, and landscaping. (Copies of the documents are available from Staff.)
At the Commission's April 17 , 2003 meeting, the Port will present their findings regarding these issues,
In addition, the Port is interested in obtaining the Commission's input regarding landscaping, the sound
wall design and other matters about the project. This time will also provide the Commission with an
opportunity to, ask questions about the proposed development,
604 W, Fairmont Par1<way . La Porte, Texas 77571 · 281-471-5020
Port of Houston Authority
5/15/03 p&z Meeting
Page 4 of 4
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. Prohibit the overnight parking of trucks at the facility between 6
pm and 6 am,
. Hours of operation shall be no earlier than 7 am and no later than 6
pm,
. The applicant will pay the public hearing costs,
. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP,
. Continue the public hearing at the Commission's next regular
meeting to allow additional testimony and further study of this item.
This results in tabling any action on this item,
Port of Houston Authority
5/15/03 P&z Meeting
Page 3 of4
Conclusion:
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Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water and fire protection in the area In
addition, provisions will have to be made to ensure that sufficient utility
extensions are made to serve this development. Storm water drainage
will require on-site detention to mitigate any adverse impacts associated
with this proposed development.
Landscaping I Screening - Barbour's Cut Boulevard is the main truck
route to and from the Barbour's Cut Terminal facility, As a result,
numerous trucking services related businesses are located along this
corridor. There is a small residential zoned undeveloped area to the
southeast of the property across North "E" Street. An unimproved
ROW adjacent to this property can serve as a buffer between trucking
activities along Barbour's Cut Boulevard and residential area In
addition, the proposed development will be screened from the
neighboring residential with a proposed landscape berm along south
property line, In addition, the Port is planning an integrated themed
landscape along Barbour's Cut Boulevard,
Based on the above analysis, staff recommends approval of the plan for
this 20.7 acres tract and the Special Conditional Use Permit with the
following conditions:
. Adhere to the terms provided in the Home owner's Assurance
plan,
. Ensure that at least 30 percent of the property consists of
landscaping and/or screening,
. Provide detailed landscape and screening plans during site plan
submittal, Allow existing trees and shrubs to remain as natural
buffer, Provide "in fill" plantings of trees and shrubs,
. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer,
. Erect a sound wall constructed with a "rough" texture to decrease
the likelihood of graffiti and to increase the likelihood that
vines/greenery will attach to the wall.
. Adhere to the provisions and details shown in facilities lighting
plan. Ensuring that all illumination occurs on site and does not
affect nearby residences,
. Enhance the building fa~ade so that is architecturally and
aesthetically pleasing, Design must be approved by the Planning
and Zoning Commission,
Port of Houston Authority
5/15103 P&Z Meeting
Page 2 of4
Analvsis:
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The development in a PUD zoning district requires that an application
for a general plan or site plan shall be filed and processed
simultaneously with the Special Conditional Use Permit. Upon
approval of the plan and SCUP, the Port would be authorized to
submit a Major Development Site Plan.
In. addition to performance standards, there are a number of development
standards that are specified by the Zoning Ordinance. These standards
are applicable to all P.U.D. developments. Section 106-659 of the Code
of Ordinances establishes the following criteria for review of the
development projects within a P,U.D. zoning district:
Land Use - The City's Comprehensive Plan shows this area
developing with industrial uses. The existing land uses of nearby
properties are primarily industrial (the Port Authority's main facility);
however, there are single-family residences south of the undeveloped
"E" Street right-of-way.
In. general, high intensity uses should be adjacent to each other. When
higher uses abut residential uses buffering must occur to protect the
health, safety, and general welfare of neighborhoods, As a part of the
Port's site plan, they will incorporate a berm, landscaping, and a
masonry wall to protect the adjacent residential from the activities of the
proposed pre-check facility, In addition, the undeveloped wooded "E
Street" right-of-way will remain in tact,
Transportation - Being located along Barbour's Cut Boulevard., a
primary arterial road and major truck route, provides more than
adequate accessibility for circulation of truck traffic. There should be
very limited impact on traffic flow within the vicinity even after full
implementation of the proposed project.
The two private drives and truck parking areas will be designed and
constructed in conformance with City Standards, Since trucking
movement is the primary function of the facility, access management
and circulation should be the top priority while designing the project.
Driveways connecting directly onto the roadway should be minimized
to avoid traffic congestion and other delays caused by turning
movements for the eighteen-wheelers entering and exiting the facility.
In addition, the pre-check facility will lessen the amount of time trucks
spend idling on Barbour's Cut Blvd. This resuhs in fewer NOx being
released in the air.
."
~
ORDINANCE NO. 1501-...8813
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 GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.769 ACRES ALONG
EAST BARBOUR'S CUT BOULEVARD, BEING LOTS 17-32 BLOCK 438, LOTS 1-32
BLOCK 439 AND ADJOINING ALLEY, LOTS 1-16 BLOCK 974, LOTS 1-32 OF BLOCKS 975
THRU 979, AND ADJOINING ALLEYS WITHIN THESE BLOCKS AND PORTIONS OF 10TH,
11TH, 12TH AVENUES, BROWNELL, NUGENT, HOLMES AND CARROLL STREETS, OUT OF
JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR
THE PURPOSE OF DEVELOPING A TRUCK PRE-CHECK FACILITY IN A PLANNED UNIT
DEVELOPMENT (PUD) ZONE; 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 15th day of May, 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 May 15, 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
ORDINANCE NO, (SOI-8B1,
Page 2
."
Commission, by letter dated May 16, 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,
"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 9th day of June, 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 conditions of said Conditional Use Permit are as set forth in the
incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F", "F-1", and "F-2", inclusive. The description of said parcels of land
classified pursuant to said Special Conditional Use Permit are as follows, to-wit:
20,769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, lots 1-32
block 439 and adjoining alley, lots 1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining
alleys within these blocks and portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and
Carroll Streets, out of the Johnson Hunter Survey, Abstract-35, City 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 NO. 1501- 8~ ,I
Page 3
~
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan,
"Section 8, The City Council official 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 I fit- day of ~ 2003,
CITY OF LA PORTE
ATTEST:
By: ~~ /itLd
MAR HA GILLETT, City Secretary
APPRO~ 1.1,
By; ~z:;J ~
KNOX W, ASKINS, City Attorney
.'
eJ
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, 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 15th day
of May, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas,
The purpose of this hearing is to consider Special Conditional Use Permit #SCU03-00l, requested
for 20,769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots
1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and
portions of lOth, 11th, 12thAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the
Johnson Hunter League, Abstract-35, City of La Porte, Harris County, Texas, The applicant, Port
of Houston Authority, seeks to develop a Truck Pre-Check facility in the Planned Unit
Development (PUD) zoning district. In accordance with Section 106-216 of the Code of
Ordinances, a special conditional use permit is required for development in the PUD zoning district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing, The
Commission will act upon the public hearing items and conduct other matters.
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 the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information,
I!XHdT A
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,&.co~lder.. sp, :~" "'''''~'Ieared Karolyn Kolloo'" ~ dull! au"'nor'lz-"'o'
"['!t1oi'1af.1$.~: ' ~.iittf:,~~nnif., j - _ ~. c: J. L <J
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block:'~3ILblciCk 439"1015. -, ,J' - ....~. ...
,ii'1.-16:'~~~"97~t,'~':1~~~,:, sworn, swears the atteched notice was
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;, '~djo!!1!I'!9.:>t!:~~I,~,'!.~~!~,~.e ays ore un aLSO L ,
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'Sen:ing The Bayslzore Area Since 1947'
~l!r&l.iJV 1!i~J~f//
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P.u~:'J,"ized Rei'resentative
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,2003
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City of La Porte
Established 1892
May 16, 2003
Honorable Mayor Nonnan Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on May 15, 2003,
considered a Special Conditional Use Permit #SCU 03-001. The applicant, Port of Houston
Authority, seeks approval to allow a truck pre-check facility along E. Barbour's Cut Boulevard,
Earlier, the Commission heard their development proposal as a workshop item during the April
17, 2003 meeting. ,
After careful consideration, the Planning and Zoning Commission has, by unanimous vote,
recommended that City Council consider approval of Special Conditional Use Permit #SCU 03-
001 with the following conditions in place:
I, Adhere to the terms provided in the Home Owner's Assurance Plan,
2. Ensure that at least 30 percent of the property consists oflandsca.ping and/or
screemng,
3, Provide detailed landscape and screening plans during site plan submittal, Allow
existing trees and shrubs to remain as natural buffer. Provide "in fill" plantings of
trees and shrubs,
4. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
S, Erect a sound wall constructed with a "rough" texture to decrease the likelihood of
graffiti and to increase the likelihood that vines/greenery will attach to the wall,
6. Adhere to the provisions and details shown in facilities lighting plan, Ensuring that
all illumination occurs on site and does not affect nearby residences,
7. Enhance the building fa~e that is architecturally and aesthetica.11y pleasing, Design
must be approved by the Planning and Zoning Commission.
8, Prohibit the overnight parking of trucks at the facility.
9. Hours of operation shall be no earlier than 7 am and later than 6 pm.
10, The applicant will pay the public hearing costs,
11. The Developer shall comply with all other applicable laws and ordinances of the City
of La Porte and the State of Texas,
Respectfully Submitt~
;:P-'!fYcJ~
Betty T, Waters
Planning and Zoning Commission, Chairperson
604 W, Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020
DIJMf C
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the ,Code of Ordinances of the City of La
Porte, 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 9th day of June, 2003, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this
hearing is to consider Special Conditional Use Permit #SCUOJ-OOI, requested for 20,769 acres
along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots 1-16, block 974,
lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and portions of 10th, 11th,
12thAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter League,
Abstract-35, City of La Porte, Harris County, Texas, The applicant, Port of Houston Authority,
seeks to develop a Truck Pre-Check facility in the Planned Unit Development (PUD) zoning
district, In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit (SCUP) is required for development in the PUD zoning district,
A regular meeting of the City Council will follow the public hearing, The Council will act upon the
public hearing items and conduct other matters.
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 the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information,
!XlIII' D
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ft.!.I~h~l;i:~ed Representative
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.. City of La Porte .
Special Conditional Use Permit # SCU 03-001
This permit is issued to:
Port of Houston Authority
Owner or Agent
P.O. Box 2562 Houston, TX 77252
Address
For Development of:
Port of Houston Authority Pre-check truck facility
Development Name
East Barbour's Cut Blvd, La Porte, TX
Address
Legal Description:
20.7 acres of land beina lots 17-32 of block 438, lots 1-32 block 439 and
adioinina alley. lots 1-16 block 974, lots 1-32 of blocks 975 throuah 979 and
adioinina alleys within these blocks and Dortions of 10m. 11m, and 1in Aves..
Brownell. Nuaent. Holmes and Carroll Streets, out of the Johnson Hunter
Leaaue, A-35 City of La Porte, Harris County, Texas,
Zoning:
Planned Unit DeveloDment (PUD)
Use:
Pre-check truck facility
Permit Conditions:
1, Adhere to the terms of the Property Owners Value Assurance Program (as described in Exhibit F-1).
2, Sign an interlocal agreement with the City of La Porte regarding the Property Owners Value Assurance
Program.
3. Comply with the General Plan approved by the City as shown in the attached Exhibit F-2.
4, Ensure that at least 30 percent of the property consists of landscaping and/or screening,
5, Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and
shrubs to remain as natural buffer. Provide "in fill" plantings of trees and shrubs,
6, Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
7, Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffIti and to
increase the likelihood that vines/greenery will attach to the wall,
8. Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs
on site and does not affect nearby residences.
9, Enhance the building fayade so that it is architecturally and aesthetically pleasing, The Planning and
Zoning Commission must approve the design.
10, Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am,
11, Hours of operation shall be no earlier than 7 am and no later than 6 pm.
12, Pay the public hearing costs.
13, Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas,
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission,
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date: Jj ( ,.. cX3
~~
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.
. 03-'" /"lC
PHA Resolution No. _ (dZ
Amended Resolution
Value, Assurance Program
For LaPorte Property Owners
WHEREAS, the Port of Houston Authority of Harris County, Texas (port Authority) is
working with the City of LaPorte, Texas, to replat, rezone, and approve a Planned Unit
Development on property the Port Authority plans to use for a Truck Entry Station,
(TES) on Barbours Cut Blvd,; and
WHEREAS, the adjacent property owners in Blocks 433, 432, 980, 981, 982, 983, 984,
985, 973, 974, and 988, Town of LaPorte, Harris County, Texas, that are within 400 feet
of the TES have concerns about declining property values once construction of the TES is
begun and want assurance that, should their current property value decline, the Port
Authority will purchase their property; and
WHEREAS, the Port Authority is willing to offer the option to all property owners in the
Blocks mentioned above to sign up for the Barbours Cut Terminal Truck Entry Station
Value Assurance Program, described below, within 180 days following the date the City
of LaPorte, Texas, grants a Special Conditional Use Permit to the Port Authority for the
TES,
NOW THEREFORE BE IT RESOLVED THAT, the Port of Houston Authority of Harris
County, Texas, establishes the following Barbours Cut Terminal Truck Entry Station
Value Assurance Program, for the property owners who sign up for the program:
1, Owners of property in the Blocks described in the Preamble of this Resolution may
sign up for the Value Assurance Program after the City of LaPorte issues a Special
Conditional Use Permit (SCUP) to the Port Authority for its Truck Entry Station for
Barbours Cut Terminal, and those owners may sign up for 180 days after that date,
Owners who sign up for the Program must allow the Port Authority to conduct a
Phase I site assessment of their property prior to its being enrolled in the Program,
The Port Authority will only disqualify from the Program property with material
environmental concerns not of the kind typically found in a residential subdivision,
For example, lead paint and asbestos siding do not disqualify property from the
Program,
2. The Value Assurance Program (Program) is not transferable to subsequent owners of
the property. No property may participate in the Program after the 180-day time
frame expires,
3, The Port Authority will purchase the above-described property that is unimproved
property at the 2003 Harris County Appraisal District Appraised Value, Unimproved
property is considered to be vacant land, that is, land with no structures on it. Under
the Program, a slab or utilities are not considered improvements.
4, The Port Authority will purchase the above-described property that is improved
property at the market value as established by a Texas State Certified Appraiser after
the property owner signs up for the Program, The owner of improved property will
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select a Texas State Certified Appraiser to assess the current appraised value of the
property within 60 days of applying to enter the Program. Should the Port Authority
disagree with the value determined by the appraisal, the Port Authority will select a
Texas State Certified Appraiser for a second appraisal. If the Port Authority and the
property owner cannot agree on using either of the previous appraisals, the Port
Authority and the property owner shall jointly select a Texas State Certified
Appraiser for a third appraisal to determine final value. If no third Appraiser can be
agreed upon by the property owner and the Port Authority, the previous two
Appraisers shall jointly select the third Appraiser, All appraisals will be paid for by
the Port Authority, provided such charges are within the range of those commonly
charged for similar services in Harris County, Texas,
5, The Port Authority's obligation to purchase property under the Program will not
begin until the Port Authority receives a Building Permit from the City of LaPorte,
Texas, for the Port Authority's Truck Entry Station on Barbour's Cut Blvd.
6, The term of the Value Assurance Program shall be for five years from the date the
Building Permit referred to in Paragraph 5, above, is issued by the City of LaPorte to
the Port Authority for the TES.
7, The Port Authority will notify all property owners in the Blocks mentioned in the
Preamble of this Amended Resolution that are within 400 feet of the TES by regular
mail, certified mail, telephone, advertisement, and/or personal meetings, The City of
LaPorte will be informed ofthe notification progress for the Program,
8. The Port Authority shall contact each property owner who has signed up for the
Value Assurance Program at 90 days, 60 days, and 30 days prior to expiration of the
Program.
9, The Port Authority will use the Application and Contract forms attached to this
Amended Resolution. The Port Authority, through its Executive Director, may
change these forms with the prior approval of the City of LaPorte, Texas.
10. The Port Authority's obligation to pay money under the Program shall not exceed $2
million unless this amount is increased by the Port Commission.
PASSED, APPROVED AND ADOPTED This 28th day of July, 2003,
Attest/Seal
PORT OF HOUSTON AUTHORITY
OF HARRIS COUNTY, TEXAS
By:
B~: ijr.. ()~
Name: es T, Edmonds
Name:
Title: Executive Director
Title: Chairman
e Property Owner Application e
for the Barbours Cut Truck Entry Station
Value Assurance Program
The Port of Houston Authority of Harris County, Texas adopted a Value Assurance
Program for the Barbours Cut Truck Entry Station on December 16, 2002, This
resolution was replaced by the amended Program on July 28, 2003, A copy of the
Amended Resolution is attached,
I/We , am/are owners of the property described below, I am/we
are applying for the Value Assurance Program as described in the attached Amended
Resolution, That Amended Resolution applies to this application,
Legal Description of the property:
For Improved Pro{Jerty:
The Port Authority will purchase the above-described property that is improved property
at the market value as established by a Texas State Certified Appraiser after the property
owner signs up for the Program, The owner of improved property will select a Texas
State Certified Appraiser to assess the current appraised value of the property within 60
days of applying to enter the Program. Should the Port Authority disagree with the value
determined by the appraisal, the Port Authority will select a Texas State Certified
Appraiser for a second appraisal. If the Port Authority and the property owner cannot
agree on using either of the previous appraisals, the Port Authority and the property
owner shall jointly select a Texas State Certified Appraiser for a third appraisal to
determine final value, If no third Appraiser can be agreed upon by the property owner
and the Port Authority, the previous two Appraisers shall jointly select the third
Appraiser. All appraisals will be paid for by the Port Authority, provided such charges
are within the range of those commonly charged for similar services in Harris County,
Texas,
For Unimnroved Pronerty:
The Port Authority will purchase the above-described property that is considered
unimproved under the program at the 2003 Harris County Appraisal District Appraised
Value, ,
Property Owner of Record
Date
Real Estate Manager
Port of Houston Authority
Date
C: City of LaPorte, Texas
e Property Owners Contract e
for the
Value Assurance Program
Legal Description of the property:
CONTRACT SALES PRICE: ALL CASH, $
("Sales Price")
The Port Authority agrees to purchase the above-described property at the request of the
property owner at any time during the Value Assurance Program for the Harbours Cut
Terminal Truck Entry Station as set out in the Amended Resolution of the Port Authority
dated July 28,2003, at the agreed-upon sales price referenced above,
The Port Authority agrees to purchase the property at the agreed sales price on an "as is"
basis as of the time of the appraisal (for improved property) less normal wear and tear
and. for both improved and unimproved property, the seller is the fee title owner of the
property and able to convey the property to the Port Authority free and clear of all liens
and other encumbrances, A standard Texas Real Estate Commission Contract will be
used for any purchase, modified as necessary for use by a political subdivision of the
State of Texas,
The Port Authority agrees to notify the property owner at intervals of 90 days, 60 days
and 30 days prior to the expiration of this contract.
Property Owner of Record
Date
Executive Director
Port of Houston Authority
Date
c: City of LaPorte, Texas
e e
A Meeting of the La Porte RECEIVED
p1!:lnnin~ and Zo~ Commission MAY 1 5 2003
(Type of Meeting)
Scheduled for PLANNING DEPT.
May 15, 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
.-
, ,
I have received notice of the above referenced public hearing,
I am in FAVOR of granting this request for the following reasons:
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~ame (pleas. print) 7 {
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Signature' r
Pvl> '). .ll, IV u . e:t;: rrr
(.) Address J
1rf:r rO ~ jf:' -r ~ 71 r:7
, City, State, Zip
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Scheduled for
RECEIVED
MAY 1 2 2003
PLANNING DEPT.
A Meeting of the La Porte
plnnning- and Zo~ Commission
(Type of Meeting)
May 15; 2003
(Date of Meeting),
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
-
I have received notice of the above referenced public hearing,
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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A Meeting of the La Porte
pl!:1nnin~ and Zo~ Commission
(Type of Meeting)
to Consider
RECEIVED
MAY 0 9 2003
PLANNING DEPT.
Scheduled for
May 15; 2003
(Date of Meeting)
SpeCial Conditional Use Permit #SCU 03-001
(Type of Request)
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I have received notice of the above referenced public hearing.
I ~ in FAVOR of ~ting this request for the follom~ reasons:
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I am OPPOSED to granting this request for the following reasons:
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RECEIVED
MAY 0
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PLANNING DEN
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Pl~ and Zo~ Commission
(fype of Meeting)
May 15; 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(fype of Request)
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I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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A Meeting of the La Porte RECEIVED
pl!l1nnine- and Zoni.ne' Commission MAYO 7 700,1
(Type of Meeting)
Scheduled for PLANNING DEPT.
May 15; 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
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I have received notice of t;he above referenced public hearing.
I am in FAVOR of gtanting this request for the following reasons:
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Scheduled for
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A Meeting of the La Porte
pl~nning and Zo~ Commission
(Type of Meeting)
May 15" 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
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I have received notice of the above referenced public hearing.
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I am OPPOSED to granting this request for the following reasons:
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A Meeting of the La Porte
RECEiVED
pll'1nn;n~ and Zo~ Commission
(I'ype of Meeting)
MAY 0 5 Z003
Scheduled for
PLANNING DEPT.
May 15; 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(I'ype of Request)
I have received notice of the above referenced public hearing,
I am in FAVOR of gnnting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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StatTReport
Port of Houston Authority
May 15, 2003
Reauested by:
Reauested for:
Location:
Present Zonine::
Reauested Use:
Back2round:
Special Conditional Use Permit #SCU 03-001
Port of Houston Authority
c/o Brenda K. McDonald, Real Estate Manager
represented by Kent Marsh, Knudson and Associates
20.7 acres of land being lots 17-32 of block 438~ lots 1-32 block 439
and adjoining alley~ lots 1-16 block 974~ lots 1-32 of blocks 975, 976,
977, 978, tIuu 979~ and adjoining alleys within these blocks and
portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and
Carroll Streets, out of the Johnson Hunter League, Abstract-35, City of
La. Porte, Harris County, Texas.
E. Barbour's Cut Boulevard (near the City of La Porte's city limits)
Planned Unit Development (PUD)
Entry Pre-check Facility
This site consists of 20,7 acres located on East Barbour's Cut
Boulevard, The city limits of La Porte lines run parallel to the property
line along Barbour's Cut Boulevard, The Port of Houston Authority's
container facilities are located on the north of the said property across
Barbour's Cut Boulevard, At the site in question, the Port of Houston
Authority is proposing a truck pre-check facility with a combined total
of 14 truck lanes. The facility would have two entry points and an exit
gate along Barbour's Cut Boulevard.
The Planning and Zoning Commission, during its December 19, 2002
meeting, held a public hearing to receive citizen comments regarding
rezone request by the Port of Houston Authority. The Commission
recommended to Council approval of this rezone from Business
Industrial (BI) to Planned Unit Development (PUD). City Council
approved your recommendation at their January 13, 2003 meeting,
The purpose of the PUD zoning district is to provide for the
development as an integrated coordinated unit as opposed to traditional
parcel-by-parcel, piecemeal, sporadic, and unplanned approach to
development. The PUD zoning assigned to this tract is to a great extent
based on the large amount of undeveloped, unsubdivided acreage
located in this area. The PUD development requirements are an
effective means to ensure that development of this tract would be in
accordance with the sound planning guidelines.
City of La Porte
Special Conditional Use Permit # SCU 03-001
This pennit is issued to:
Port of Houston Authority
Owner or Agent
P.O. Box 2562 Houston. TX 77252
Address
For Development of:
Port of Houston Authoritv Pre-check truck facility
Development Name
East Barbour's Cut Blvd. La Porte. TX
Address
Legal Description:
20.7 acres of land beina lots 17-32 of block 438, lots 1-32 block 439 and
adioinina alley. lots 1-16 block 974. lots 1-32 of blocks 975 throuah 979 and
adioinina alleys within these blocks and portions of 10th. 11 Ih. and 1 ih Aves. ,
Brownell, Nuaent. Holmes and Carroll Streets. out of the Johnson Hunter
Leaaue, A-35 City of La Porte, Harris County, Texas.
Zoning:
Planned Unit Development (PUD)
Use:
Pre-check truck facility
Permit Conditions:
1. Adhere to the tenns of the Property Owners Value Assurance Program (as described in Exhibit F-1).
2. Sign an intenocal agreement with the City of La Porte regarding the Property Owners Value Assurance
Program.
3. Comply with the General Plan approved by the City as shown in the attached Exhibit F-2.
4. Ensure that at least 30 percent of the property consists of landscaping and/or screening.
5. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and
shrubs to remain as natural buffer. Provide "in fill" plantings of trees and shrubs.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
(\!J owner/developer.
\:!' Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to
increase the likelihood that vines/greenery will attach to the wall.
8, Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs
on site and does not affect nearby residences.
9. Enhance the building fac;ade so that it is architecturally and aesthetically pleasing. The Planning and
Zoning Commission must approve the design.
10. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am.
11. Houts of operation shall be no earlier than 7 am and no later than 6 pm.
12. Pay the public hearing costs.
13. Comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the tenns of a special
conditional use pennit shall void the pennit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is tenninated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council. upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
~~{( -0'3
,-1rlauhL P{:UC!;
City Secretary
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