HomeMy WebLinkAboutO-2003-2635
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ORDINANCE NO. 2003- 0.(" 3~
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 439, TOWN OF LA PORTE AND A PORTION OF THE NORTH IDAHO
STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described alley in Block 439,
Town of La Porte and a portion of the North Idaho Street Right-of-Way, Town of La
Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter
described alley in Block 439, Town of La Porte and a portion of the North Idaho Street
Right-of-Way, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alley in Block 439,
Town of La Porte and portion of the North Idaho Street Right-of-Way, Town of La Porte,
Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road,
street, or alley, and the closing of hereinafter described alley in Block 439, Town of La
Porte and portion of the North Idaho Street Right-of-Way, Town of La Porte, Harris
County, Texas, is for the protection of the public and for the public interest and benefit,
and that the hereinafter described alley in Block 439, Town of La Porte and portion of the
North Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described alley of Block 439, Town of La Porte, and a portion of the North
Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, is hereby
permanently vacated, abandoned, and closed by the City of La Porte, to wit:
The entire alley of Block 439, Town of La Porte, Harris County,
Texas, containing six thousand four hundred (6,400) square feet and
that portion of the North Idaho Street Right-of-Way situated between
Block 439, Town of La Porte and Block 979, Town of La Porte, Harris
County, Texas, containing thirty-two thousand (32,000) square feet as
generally illustrated on Exhibit "A" attached hereto and made part of
herein.
Section 2.
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 3.
This ordinance shall be effective from and after its passage and approval,
and it is so ordered. As a condition of vacating, abandoning, and closing the North Idaho
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Street Right-Of-Way, the City hereby retains a 10' wide utility easement, said easement"
to be a centerline easement based upon the centerline of an existing 10" water line,
running North to South, located in the N. Idaho Street Right-Of-Way.
PASSED AND APPROVED, THIS II-H- DAYOF~2003.
CITY OF LA PORTE
By:k>>//~/-
Norman L. Malone, Mayor
ATTEST:
AP~;!'daL
Knox W. Askins, City Attorney
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ALLEY TO 8E CLOSED TO BE CLOSED
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EAST MADISON STREET
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AREA MAP TO
ORDINANCE
2003-
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: AUl!Ust 11.2003
Requested By: Gwen Goodwin
lfc(
Source of Funds:
N/A
Account Number:
N/A
Department: Plannin2
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:...x..
Amount Requested:
Exhibits:
1. Ordinance
2. Gmphic
3. Area Map
Budgeted Item: _YES ...x....NO
SUMMARY & RECOMMENDATION
The City has received an application from the Port of Houston Authority to close the alley in Block 439,
Town of La Porte and the North Idaho Street Right-of-Way between Blocks 439 and 979, Town of La Porte.
The Port of Houston cites its desire to replat the area comprised of Lots 17-32 of Block 438, Blocks 439,
979,978,977,976,975 and Lots 1-16 of Block 974 as the reason for its request (see Exhibit 2).
In reviewing this request, Staff has determined that an existing 10" water line is located within the North
Idaho Street Right-Of-Way, for which a 10' Utility Easement shall be retained. Additionally, each of the
City's franchised utility companies (i.e. Centerpoint Energy, Southwestern Bell and Time Warner) has
submitted letters stating no objection to the proposed closings.
Per City ordinance, the Port of Houston Authority, being a governmental entity with the power of eminent
domain, is exempt from standard application and closing fees associated with the street and alley closing
process.
Recommendation:
Staff recommends approving this item.
Action Required bv Council:
Consider approval of an ordinance to vacate, abandon and close the alley in Block 439, Town of La Porte
and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte, retaining a 10'
Centerline Utility Easement for the existing 10" water line in the North Idaho Street Right-Of-Way.
Approved for City Council A2enda
3-5-b)
Date
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1 ft~ 11thit'd tuf
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AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN fItf .eel!)
BLOCK 439, TOWN OF LA PORTE AND A PORTION OF THE NORTH IDAHO
STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
ORDINANCE NO. 2003-
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described alley in Block 439,
Town of La Porte and a portion of the North Idaho Street Right-of-Way, Town of La
Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter
described alley in Block 439, Town of La Porte and a portion of the North Idaho Street
Right-of-Way, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alley in Block 439,
Town of La Porte and portion of the North Idaho Street Right-of-Way, Town of La Porte,
Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road,
street, or alley, and the closing of hereinafter described alley in Block 439, Town of La
Porte and portion of the North Idaho Street Right-of-Way, Town of La Porte, Harris
County, Texas, is for the protection of the public and for the public interest and benefit,
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and that the hereinafter described alley in Block 439, Town of La Porte and portion of the
North Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described alley of Block 439, Town of La Porte, and a portion of the North
Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, is hereby
permanently vacated, abandoned, and closed by the City of La Porte, to wit:
The entire alley of Block 439, Town of La Porte, Harris County, Texas, containing
six thousand four hundred (6,400) square feet and that portion of the North Idaho
Street Right-of-Way situated between Block 439, Town of La Porte and Biock 979,
Town of La Porte, Harris County, Texas, containing thirty-two thousand (32,000)
square feet as generally illustrated on Exhibit "A" attached hereto and made part of
herein.
Section 2.
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 3.
This ordinance shall be effective from and after its passage and approval,
and it is so ordered. As a condition of vacating, abandoning, and closing the North Idaho
Street Right-Of-Way, the City hereby retains a 10' wide utility easement, said easement
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to be a centerline easement based upon the centerline of an existing 10" water line,
running North to South, located in the N. Idaho Street Right-Of-Way.
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PASSED AND APPROVED, TIDS
ATTEST:
Martha Gillett, City Secretary
AP~~
Knox W. Askins, City Attorney
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DAY OF
2003.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
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City of La Porte
Es/'( Iblis//('cI 18,<)::
Memo
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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 ~
7/1412003
Port of Houston Authority - Property Owners Value Assurance Program
Fram=
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This afternoon, I received the following revised documents: Property Owners Value Assurance
Program and the Property Owners Contraa for the Value Assurance Program. Please review the
changes outlined in bold text on pages 1, 2, and 4.
P. O. Box 1115 . La Porte, Texas 77572-1115 . 281-471-5020
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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.
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 Wl1 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 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 July, 2003.
Attest/Seal
PORT OF HOUSTON AUTHORITY
OF HARRIS COUNTY, TEXAS
By:
By:
Name: H. Thomas Kornegay
Name: James T. Edmonds
Title: Executive Director
Title: Chairman
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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 Harbours 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.
IIWe , 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 Imoroved_PropertY:
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 Prooertv:
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
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e Property Owners Contract
for the
Value Assurance Program
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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 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
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A Meeting of the La Porte RECEIVED
pl~nn;n2' and Zonine" 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 refe~enced public hearing.
I am in FAVOR of gmnting this request for the following reasons:
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Scheduled for
RECEIVED
MAY I 2 2003
PLANNING DEPT.
A Meeting of the La Porte
ph1nnin~ 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.
I am in FAVOR of ganting 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~nnin~ and Zoni.n2" Commission
(Type of Meeting)
to Consider
RECEIVED
MAY 0 9 2003
PLAN N' NG DEPT.
Scheduled for
May 15, 2003
(Date of Meeting)
Special Conditional Use Permit #SCU 03-001
(Type of Request)
I have received notice of the above referenced public hearing.
I ~ in FAVOR of granting this request for the followin~ reasons:
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I am OPPOSED to granting this request for the following reasons:
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City, State, Zip
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Scheduled for
RECEIVED
MAY 0
7 ?fJn1
PLANNING DEPT.
A Meeting of the La Porte
Plannine; and ZoJline" 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.
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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Scheduled for
RECEIVED
MAY 07 ?OO.,
PLANNING DEPT.
A Meeting of the La Porte
pl~nnin~ and Zon.in2" 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 t;he 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
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MA y 0 6
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PLANNr.'- ;
pl~nnine and Zonine' Commission
(Type of Meeting)
Scheduled for
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.
~ ~ A VOR 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
RECE\VED
pll1nn;n~ and Zo~ Commission
(Type of Meeting)
MAY 0 5 2003
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:
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:
Backe:round:
Special Conditional Use Permit #SCU 03-001
Port of Houston Authority
do Brenda K. McDonald, Real Estate Manager
represented by Kent Marsh, Knudson and Associates
20.7 acres ofland 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, thru 979~ and adjoining alleys within these blocks and
portions of lOth, nth, 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 citize~ 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.
Port of Houston Authority
5/15/03 P&Z Meeting
Page 2 of 4
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 perfonnance 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.
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Port. of Houston Authority
5/15/03 P&Z Meeting
Page 3 of4
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.
Conclusion:
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 Dot
affect nearby residences.
. Enhance the building f~ade so that is architecturally and
aesthetically pleasing. Design must be approved by the Planning
and Zoning Commission.
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Otv QfLa Porte
Jisia,bLz/si~ed 1892
Memo
To: Planning and Zoning Commissioners
From: Gwen Goodwin, City Planner q.ci(
cc: Doug Kneupper, Director of Planning
Date: 4/11/03
Re: 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 facility proposed on 20 acres on Barbour's Cut Blvd. During these
discussions, Staff and property owners developed a fist of concems regarding this development. These
concems are as fonows:
. 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 actMtY.
. Devaluation 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. Fainnont Parkway . La Porte, Texas 77571 · 281-471-5020
Port ofHoustOD 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.
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;;: EXISTING ZONING
BOUNDARIES
;;: PROPOSED P.O.H. SITE
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ADDITIONAL BACK UP TO FOLLOW
The County will be providing the City of La Porte with a draft
Resolution by this Friday. Mr. Kornegay has verbally informed staff
that the he has a consensus from the Commissioners agreeing to the
City of La Porte's requests.
--
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AREA MAP TO
ORDINANCE
2003-
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WEST BARBOURS CUT BLVD.
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EXHIBIT "A" TO
ORDINANCE
2003-
Baytown:
Bellaire:
Deer Park:
Dickinson:
Friendswood:
Galveston:
Houston:
League City:
Missouri City:
Pearland:
Seabrook:
Texas City:
Webster:
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CODE ADOPTIONS BY AREA CITIES
(As of 05/08/03)
Full set of 2000 Ed. of International Codes adopted. Plan to adopt
the 2003 Ed. of the International Codes later this year.
Full set of 2000 Ed. of International Codes adopted.
Full set of2003 Ed. of International Codes adopted this week.
Full set of2000 Ed. of International Codes adopted.
Full set of2000 Ed. ofInternational Codes adopted.
Full set of 2000 Ed. of International Codes adopted.
2000 Ed. International Building, International Residential and
International Energy Code adopted. Utilize 1997 Uniform
Plumbing, Mechanical and Fire Codes.
Full set of 2000 Ed. of International Codes adopted.
Full set of2000 Ed. of International Codes adopted.
Full set of 2000 Ed. of International Codes adopted.
2000 Ed. of International Residential and Energy Codes adopted.
Utilize 1994 Ed. of Standard Codes for other codes.
Full set of2000 Ed. of International Codes adopted. Plan to adopt
the 2003 Ed. of the International Codes later this year.
Utilize 1997 Standard Codes. Plan to adopt full set of2003
International Codes by July or August 2003.
Pasadena:
Full set of C3 Codes adopted in April 2003 with the exclusion of
the Fire Prevention Code and Property Maintenance Code.
Currently use 1999 BOCA Fire Code and Property Maintenance
code.
Resolution 15
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Tel a s M u n i c,oi p. a I--l e a g'ii e
to
t.1lC----------- .
Jl5
. A RESOLUTION RELATING TO CONSTRUCTION
CODES
WHEREAS, THE Building Officials Association of Texas, a
Chapter of the International Code Council and Texas Municipal
League affiliate, is devoted to encouraging adoption of codes and
standards which will ensure safe and durable structures in Texas; and
WHEREAS, the International Code Council has sought to
consolidate all the model code organizations in the United States and
now produces one set of building-related codes for nationwide use;
and
WHEREAS, most cities in Texas have traditionally adopted one of
the model codes which have been integrated into the International
Code series; and
WHEREAS, the 77th Legislature of the State of Texas adopted the
International Energy Conservation Code, International Plumbing
Code, International Mechanical Code, and International Residential
Code, published by the International Code Council, for
municipalities that regulate building; and
WHEREAS, the International Codes are developed by code officials,
builders, manufacturers, architects, engineers, and the construction
industry and are approved by code officials as being state-of-the-art
codes;
NOW, THEREFORE, BE IT RESOLVED by the delegates
assembled at this 2002 Annual Conference of the Texas Municipal
League that the League encourage all cities in Texas to adopt the
International Building Codes and associated International Codes as
the construction standards for their jurisdictions.
http://www.tml.org/resolutionslresI5.htm
Page 1 of2
5/22/2003
Resolution 15
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Page 2 of2
PASSED AND APPROVED by the membership of the Texas
Municipal League this 19th day of October, 2002, at F crt Worth,
Texas.
APPROVED: Guy Goodson President
ATTEST: Frank J. Sturzl Executive Director
@2002Texas Municipal League Austin, Texas (512) 231-7400
http://www.tml.orglresolutionslresI5.htm
5/22/2003
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Requested: Ju1v14. 2003
R<q....... By: G..... Good,,;. 0fI1
Department: Plannine
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:...x...
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES ---X....NO
SUMMARY & RECOMMENDATION
The City has received an application from the Port of Houston Authority to close the alley in Block 439,
Town of La Porte and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte.
The Port of Houston cites its desire to replat the area comprised of Lots 17-32 of Block 438, Blocks 439,
979,978,977,976,975 and Lots 1-16 of Block 974 as the reason for its request (see Exhibit 2).
In reviewing this request, Staff has determined that an existing 10" water line is located within the North
Idaho Street Right-Of-Way, for which a 10' Utility Easement shall be retained. Additionally, each of the
City's franchised utility companies (i.e. Centerpoint Energy, Southwestem Bell and Time Warner) have
submitted letters stating no objection to the proposed closings.
Per City ordinance, the Port of Houston Authority, being a governmental entity with the power of eminent
domain, is exempt from standard application and closing fees associated with the street and alley closing
process.
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 439, Town of La Porte and the
North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte. Additionally, Staff
recommends retaining a 10' Centerline Utility Easement for the existing 10" water line in the North Idaho
Street Right-Of-Way.
Action ReQuired bv Council:
Consider approval of an ordinance to vacate, abandon and close the alley in Block 439, Town of La Porte
and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte, retaining a 10'
Centerline Utility Easement for the existing 10" water line in the North Idaho Street Right-Of-Way.
ADD roved for City Council Aeenda
')-~ 1Jj
Date