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HomeMy WebLinkAboutO-2006-1501-J5 R06-002 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 23. 2006 Requested By' Wayne sa~ Department: PlanniDl! Appropriation: Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance:....K.- Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance Aerial Map Zoning Map P&Z Staff Report Public Notice Response ,hB~' NIA SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their September 21, 2006, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R06-002. This request is for the property located north of Avenue P in Lomax area between Harris County Flood Control Drainage channel FIOl and south em boundary line of Louisiana Chemicals and Philip Services along State Highway 225. The subject tract comprises approximately 9.37 acres ofland, described as TRS 351A and 352A, TR 80-1, Lots 350 & East Yz of Lot 331, and TR 8C-l, F.A. ST AASHEN Subdivision, Enoch Brinson Survey, A-5, La Porte, Harris County, Texas. Currently, the property is zoned Large Lot Residential. Industrial facilities, e.g. Philip Services, Louisiana Chemicals, and Sulzer/Hickham are abutting to the north of these tracts. The adjacent properties to the south are single-family Large Lot Residential along North P Street. The applicant, Joseph E. Brown, is requesting a rezone from Large Lot Residential (LL) to Light Industrial (L1). The purpose ofthis rezoning is to provide for parking and storage of truck trailers and chassis. As per physical location of the site, the property can be considered landlocked and difficult to develop. The only access would be through a bridge constructed over the drainage easement. In the future, Fl 01 may be expanded to 130'wide as per study criteria. The developer shall be subject to dedicate additional drainage easement required for the widening ofthis channel. A 1.75 acre parcel of this tract is located just south ofthe drainage easement, which has been recommended by P&Z to be excluded from the requested rezoning. The drainage ditch, a berm with landscaping and some mechanism of screening will serve as a natural buffer between residential and industrial facilities. Proposed development shall be screened from view of adjoining residential district in compliance with Section 106-444(a) of the ordinances. Staff will ensure that all lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining residential zone in compliance with Section 106-521 (a). In addition, the Planning and Zoning Commission has desired to review the site plan at the time of development of the subject tract. Being in the vicinity of several industrial establishments, and given the difficulty of access from the south over the F 1 0 I channel, the property in question is suitable for the requested change to LI. As required by Ordinance, twelve notices of public hearing were mailed to property owners within 200' of the site. The City received one response opposing the rezone. The Planning and Zoning Commission, by a vote (4-2) recommends to City Council approval of Rezone Request #R06-002. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #R06-002 rezoning the referenced property from Large Lot Residential (LL) to Light Industrial (L1). )0 );1"'6 . IDe ORDINANCE NO. 1501 ::f'5" AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 1 06, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LARGE LOT RESIDENTIAL TO LIGHT INDUSTRIAL AS REQUESTED FOR THE PROPERTY OUT OF LA PORTE OUTLOTS 350, 351, AND 352, LOTS 8C-1 AND 8D-1, F.A. STAASHEN, IN THE ENOCH BRINSON SURVEY; 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 21st day of September 2006, 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 September 21, 2006, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter -- ORDINANCE NO. 1501-~-rJ Page 2 dated September 25, 2006, 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 23rd day of October, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed from Large Lot Residential District (LL) to Light Industrial (L1)." The description of said parcels of land rezoned to Light Industrial (L1) is as follows, to-wit. "TRS 351A, 352A, 8C-1, 80-1, Lot 350, La Porte Outlots, F. A. STAASHEN, the Enoch Brinson Survey, A-5, 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 ORDINANCE NO. 1501-J5'" Page 3 contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ;}34c1 day of 0eI0/J..fl1 ,2006. CITY (~~ PORTE ri ("...J By \.jL*~2-,. y~ ALTON PORTER, Mayor ATTEST: By Lf77 4{;1/~~ MARTHA GILLETT, ity Secretary APPROVED: By fft.td T If~ CLA K SKINS, Assistant' City Attorney 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 21st day of September, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06-002, for 9.37acres ofland described as TRS 351A & 352A, TR 8D-l, Lots 350 & East Y2 of lot 331 & TR 8C-l, F. A. STAASHEN Subdivision, Enoch Brinson Survey, A-5, La Porte, Harris County, Texas. Mr. Joseph E. Brown of Philip Services, on behalf of Air Products, L.P., is seeking a rezone from Large Lot District (LL) to Light Industrial (LI) for parking and enlargement of existing trucking yard at 11110 State Highway 225. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. 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) 47I-5030forfurther information. IXHIBrr 1 THE STATE OF TEXAS COUNn.~IS CITY OF LA PORTE NOTICE OF PUBLIC HEARING i In accordance I with the provisions of Sec- . tion 106-171 of the Code , of Ordinances of the City of La Porte; and the provi-. sions . 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 21 $t day of Sep- tember, > .2006, in. the Council,Qhambersof the, City Hall,. 604W~st Fair- mdnt Parkway, La Porte, Texas. The purpose of this hearing is to consider' Rezone Request #R06- 002, for 9.37acres of' land described asTRS 351A & 352A, TR 80-1, Lots 350 . & East1/2 of lot 331 &TR 8C-1, F. A. STAASHEN $ubdivisi , . Enoch . Brin~ son Surve A-5, La Porte, IHa~' .. '0 , . s.Mr. .. Jo e. . Hip > $e . ces',on ehalf . f'ir I productsO'L.P. is eking ,: this rezone r .. uest from 1 Large Lot District (LL) to 11 Light Industrial (L,.I) . for parking and enlargement of existing trucking yard at 11110 State Highway 225. 8th Street i Texas 77571 281-471-1234 Fax 281-471-5763 B............. l., e ....,.,.,.,.,.,.....,. . . ..: . I I I~ Porte f Harris exas I re SUD e, the undersigned authority, on this date came and Lisa Godfrey, a duly authorized representative of The Sun, a semi-weekly newspaper published and generally d in the City of La Porte, Harris County, Texas and who g duly sworn, swears the attached notice was published in hore Sun dated q-o -~ r Jkl~Y( rey ,/ 9Vh Sworn and subscribed before me this (Jfi:ll-:(lL~fl) ,2006. . " ~~4v~. Karolyn Kellogg Notary Public Harris County, Texas day of i!~... f~~~] 1 "'~,pj;..~~\':- 't.""",l'-W":.7 KAROLYN KElLOGG MY COMMISSION EXPIRES April 11 , 2010 My Commission Exprires April 11, 2010 iXHIBrr B City of La Porte Established 1892 September 25, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Re: Rezone Request #R06-002 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during its September 21, 2006, meeting, held a public hearing to consider Rezone Request #R06-002. The subject property is located north of F I 0 1 drainage channel near Avenue P and south of Louisiana Chemicals and Philip Services along State Highway 225. I15s further described as TRS 351A, 352A, 8D-I, Lots 350 & East ~ of Lot 331, and TR 8C-1, F. A. STAASHEN Subdivision, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The applicant seeks to have this property rezoned from Large Lot Residential (LL) to Light Industrial (Ll). The purpose of the rezone request is to provide parking and storage of truck trailers and chassis. The Planning and Zoning Commission, by a (4-2) vote, has recommended approval of Rezone Request #R06-002. ~;~ed' Pat Muston Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 m41BlT 0 THE ST ATE 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 23rd day of October, 2006, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Rezone Request #R06-002, for 9.37 acres of land described as TRS 351A & 352A, TR 8D-1, Lots 350 & East 1S of lot 331 & TR 8C-1, F. A. STAASHEN Subdivision, Enoch Brinson Survey, A-5, La Porte, Harris County, Texas. Mr. Joseph E. Brown of Philip Services, on behalf of Air Products, L.P., is seeking a rezone from Large Lot District (LL) to Light Industrial (LI) for parking and enlargement of existing trucking yard at 11110 State Highway 225. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. 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) 471-5030forfurther information. $XHIB.n . D '-_.,~""._-- rHESTATE OF TEXAS r: ";' ,. ]OUNTY OF HARRIS ]ITY OFLA PORTE ,'20 S. 8th Street ", NOTICE'OF P'UBLlC':;'~: 'orte Texas 77571 HEARING i: ' B.... .. 281-471-1234 Fax 281-471-5763 ". . .... )B'f8rfu'par~il1'~... ri nlargememt .ofexisting' '1Jc~ing .' . yard at . 11110 :tate./-iighway 225., "!.,'Ale9U'~r'i~e~t-!sa Godfrey Ig of the City . C6uncilwill )1I9Wthe ,.pUblic hearing 1 lr the . purposEl.>,g1 ?,9tmg pon the.. pUblic:;; headl)g ems and to conduct' othlar ~;;,..",:, --;" ,.:J';'''.l_ '~." ','-" "':, ...,;:-;;.. ..... """,;'; . In accordance r yiththeer. ;QLseC"rh' ).i~.. ~O..'.:do;'.~r.j.~6e.S.".'.Of. t~~C..6.".1.;. e )f La Porte, and. the provi- iiol)S of the Te)(as LoCal. ~ovemm tCode, notice I ~'inefeb9' \leWtHatlhe(a1 ~orte City. uncil~iIIc()l)- !uctOta ub l'iQ[ .~f ':'1'" .0 d . ~.". ".... ,.l"'..rJ.....1.... ....... .......1.......... p......y..... jf. c,: r,: ~. in~tf;le (ou ilChEf' "!~~~ Y of La Porte ~ity Hall, 6 (iirc~' t f H . ~ont parkw(iy, La.. orte;' un Y 0 arns ~.~~.~:.i.,(T~~.:py~~~~;".9t: te of Texas flspE!an'1g,I~:to c:()I)~Qer .~.~WW..;..fiEl.qy~.~t~:.!t~~;.... 2,for9.37EiCresotland! '" ~~iKl;~'~~'ii51~~;ifore me, the undersigned authority, on this date came and ~2~'.Tlr8b~l,L9t~:"~50' eared Lisa Godfrey a duly authorized representative of The (.1;li~t .1/2 of.I()I:331. .~. Tfl" , iF:~~))~.J\;:st~~?tl~#ciyshore Sun, a semi-weekly newspaper published and generally ,ubdIVlsICln,l;n()ch:l,3rtnc. 'b d' h C' f L PH' C t T d h 9.n,~uryeY:A~5,t~P?rte, tn ute In t e Ity 0 a orte, arns oun y, exas an w 0 "..' . Cb 'T~xas.;;Mr. er being duly sworn, swears the attached notice was published in e ayshore S n dated ) () - ~.- 0 to ./ Sworn and subscribed before me this ~ bem}\( ) ,2006, .. q-l-h day of ~~~J~ arolyn Kellog Notary Public Harris County, Texas !~~ i*~!1'\)*i "~it....lt~~ ".9f.,~\ KAROLYN KELLOGG MY COMMISSION EXPIRES April 11, 2010 My Commission Exprires April 11 , 2010 ~HIBn' Staff Report September 21, 2006 Zone Change Request #R06-002 Requested by: Joseph E. Brown, Manager, Transportation Projects, Philip Services, on behalf of Air Products, L.P., the property owner Requested for: 9.3817 acres, part of lots 331, 350, 351, and 352, La Porte Outlots in the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Location: State Highway 225 & North P Street Present Zonin2: Large Lot Residential (LL) Requested Zonin2: Light Industrial (Ll) Surroundin2 Zonin2: North - Light Industrial (Ll) South - Large Lot District (LL) East - Large Lot District (LL) West - Large Lot District (LL) Back2round: The property in question is a 9.37-acre tract of undeveloped land, described as TRS 351A, 352A, TR 8D-1, Lots 350 & East V2 of lot 331 and TR 8C-1, F.A. STAASHEN Subdivision, Enoch Brinson Survey, A-5, La Porte, Harris County, Texas. The subject tract is located just south of Louisiana Chemical and Philip Services along State Highway 225. A 7.63 acre tract of land bisecting a 40' wide pipeline easement is located north of an existing 40' wide drainage easement running east and west. In addition, the 1.75 acre tract is located to the south a of drainage easement. The property is surrounded by Exxon Pipeline to the East, an undeveloped tract of land owned by Louisiana Chemical to the West, Louisiana Chemical and Philip Services along State Highway 225 to the North, and a drainage ditch with large lots owned by various private owners along North P Street to the South. The property is strategically landlocked and located in the vicinity of industrial developments. City Council created the Large Lot Zoning District in 2005. All of the properties previously zoned Low-Density Residential (R-1) and Medium Density Residential (R-2) in the area are now classified as the Large Lot District (LL). The Large Lot proposal was submitted as a method to keep the area rural in nature and as a protection of the privilege to own and keep large animals. In addition, there was a fear that animal grazing or breeding activities would be lost if normal residential were allowed. The Large Lot District designation for the subject tracts were assigned to undeveloped land. # R 06-002 P&Z 9/21/06 Page 2 of4 The applicant is seeking this rezoning to Light Industrial for parking and enlargement of the existing facility at 11110 State Highway 225. The intent here is to extend the requested zoning up to the drainage ditch to enlarge/expand trucking yard for storage of trucks and chassis. The Light Industrial zoning should be compatible with the existing zoning designation of the present facility. The subject tract has natural buffers: an existing drainage ditch to the west, and south, and an Exxon Pipeline to the east. However, staff suggests that a portion ofthe subject tract (1.75 acre) south of the drainage ditch not be included as part of this rezoning, thereby allowing the drainage ditch to serve as a natural buffer between the residential and industrial zoned properties. Analvsis: In considering this request, Staff has reviewed the Development Ordinance as well as elements of the Comprehensive Plan. Land Use - The Land Use Plan indicates this area is envisioned as developing as low density residential. The tract in question is within the vicinity of various industrial establishments along the State Highway 225. Conformance of a zoning request with the Land Use plan is one among several criteria to be considered in approval or denial of an application. Other criteria may include: . Character of the surrounding and adjacent areas; . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Streets - The property is located approximately 1500' south of State Highway 225 and nearly 1000' north of North P Street. Currently, this #R 06-002 P&Z 9/21/06 Page 3 of 4 Conclusion! Recommendations: property is landlocked and has no street access. The only access is from the adjoining properties to the North. Access from North P Street could be provided via bridge constructed over the drainage ditch. Feasible development of this tract is only through north properties along State Highway 225. Traffic circulation and parking will be reviewed with the site development plans submittal. Since trucking movement is the primary function of this facility, internal roadway and parking shall be designed and constructed in conformance with the City Standards. Utilities - Public facilities and services are sufficient to handle the supply of potable water and fire protection along State Highway 225. Provisions will have to be made to ensure that all on-site infrastructure or improvements can accommodate the water and sanitary sewer needs of this development. The storm water drainage issue will be reviewed with the site development plans. There is an existing 40'wide drainage easement for the F101 drainage Channel that is planned to be expanded to 140' wide. Dedication of additional drainage easement shall be required through a separate instrument or platting. Development Strategy - The highest use analysis presented by the applicant reveals that the subject site would be better served by the proposed use, which would blend into an existing use of property to the north and east of this tract. Based on the above analysis, staff finds the requested change should conform to the zoning and uses of nearby properties. The tract in question is suitable for the requested change to LI. Development within the subject tract should not negatively impact the surrounding properties nor harm the value of nearby properties. It should not have a significant impact on traffic conditions in the area and utilities should not be affected. The applicant has demonstrated that the requested zoning would represent the highest and best use of the property. Granting the requested change should not be contrary to the goals and objectives of the Comprehensive Plan. Staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends changing the zoning designation of this tract from Large Lot to Light Industrial. In addition, staff suggests a 1.75 acre tract south of the drainage ditch not be included with this rezone request. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from Large Lot to Light Industrial as submitted. #R 06-002 P&Z 9/21/06 Page 4 of 4 · Recommend to Council approval of the request excluding the 1.75 acre tract. · Recommend to Council denial of this rezoning request from LL to LI. · Table this item for further consideration by the Commission. A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for September 21, 2006 (Date of Meeting) to Consider Rezone Request #R06-002 (Type of Request) I have received notice of the above referenced public hearing. r"- I am in FA VO R. of granting this request for the following reasons: I am.!PPOSED to granting this" request for the following reasons: . . C:2/f3-'j && 1~~ .Ik ~p ~ ~ tffrm~ ~. litPf!~Jo/ ~ Name (p /!;3/5 ;t/o~nf /? ST. ~d=)} __ .. fg;Je_~ !x~ 17 S? I City, State, Zip '~~@~ow~~ l11J SEP 1 4 2006 W ;j;ViUlDTMf." ~ ~I~" U N W+E S MONUMENT ~ z SAN JACINTO ~ )> R-1 z ~ DEAF SMITH BOIS DARC F101-00-00 R1 Legend :1-". .....; CityLimits - DrainageChannels Zoning Zoning (R-1) Low Density Residential (R-2) Medium Density Residential (R-3) High Density Residential _ (MH) Manufactured Housing _ (GC) General Commercial _ (NC) Neighborhood Commercial (PUD) Planned Unit Development (BI) Business Industrial (L1) Light Industrial _ (HI) Heavy Industrial _ (MS) Main Street District (MSO) Main Street District Overlay (LL) Large Lot District R-1 ~ r- r- IT1 -< S IT1 ~ R06-002 BA Y VISTA