HomeMy WebLinkAboutR-2003-15 place moratorium to file/issue permits for HCFC F216-00-00 project
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 9, 2003
Requested By: Doug Kneupp~ 1_ /
Department: Planning ~
Source of Funds: N/ A
Account Number
Amount Budgeted:
Report:_ Resolution: -X- Ordinance: _
Amount Requested
Exhibits: Resolution
Budgeted Item: YES
NO
Summary and Recommendation
Harris County Flood Control District (HCFCD) in conjunction with a consulting engineer, Binkley &
Barfield, Inc. has prepared a preliminary report titled Hydraulic Analysis for Little Cedar Bayou
Watershed. The purpose of this report is to identifY flooding and storm water characteristics in this
watershed and recommend improvements. Of particular importance is analyzing Little Cedar Bayou at its
upstream end near Sens Road and identifYing improvements to decrease the water surface elevation in
that area. Lowering the water surface elevation and providing greater drainage capacity would be
beneficial for a future curb and gutter road project for Sens Road.
Improvements recommended in this report can be divided into two parts, 1) Linear Detention between SH
146 and Spencer Highway, and 2) Channel Improvements from Spencer Highway upstream to Sens Road.
The detention pond calls for the excavation of approximately 200,000 cubic yards of material and is
intended to be linear and follow the existing alignment of Little Cedar Bayou. Land acquisition for the
detention pond has been ongoing for several months and is nearing completion. The channel
improvements will be widening and deepening of the existing channel to provide greater flow rates
downstream into the detention pond.
The attached Resolution was prepared using the aforementioned engineering report and identifies
the area recommended for channel improvements (the detention area was included in a previous
resolution but not included here because of its near complete status). This Resolution will
provide the City with a tool to restrict development of property needed for future drainage
improvements.
Action Required bv Council:
Consider approval of a Resolution restricting the development of certain parcels of land intended
to be acquired by the City (or others) for drainage improvement purposes.
Approved for City Council A2enda
(/ -4-03
Date
IS'
RESOLUTION NO. 03- .
-L_- ,_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF BUILDING PERMITS AND ALL OTHER DEVELOPMENT PERMITS
FOR NEW CONSTRUCTION IN THE AREA DESIGNATED FOR RIGHT-OF-WAY
ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL F216-00-00 PROJECT
PHASE II; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER 180
DAYS OR DISPOSITION OF RIGHT-OF-WAY ACQUISITION PROCEEDINGS,
WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE
EVENT OF HARDSHIP; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Harris County Flood Control District, through cooperation with the
City of La Porte, has determined the preliminary right-of-way proposed for the F216-00-00
Project Phase II, as more particularly shown on Exhibit "A", attached hereto and
incorporated by reference herein; and
WHEREAS, The Harris County Flood Control District has requested a moratorium
for the issuance of building permits within an area designated for proposed right-of-way
acquisition by the Harris County Flood Control District as shown on Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEXAS:
SECTION 1. The City Council of the City of La Porte finds and determines that the
premises hereof are true and correct.
SECTION 2. The City Council further finds and determines that it is in the best
interests of the public health, safety and general welfare of the citizens of the City to place
a moratorium on the acceptance for filing and consideration and the issuance of building
permits and all other development permits for all properties in the area within the F216-
000-00 Phase II right-of-way, as more particularly described on Exhibit "A", incorporated
by reference herein, for a period of 180 days from the date hereof, or until right-of- way
acquisition is completed by Harris County Flood Control District, whichever date occurs
first, and such moratorium is hereby imposed.
SECTION 3. This moratorium shall remain in effect for a period of 180 days or
until right-of-way acquisition is completed by Harris County Flood Control District,
whichever comes first.
SECTION 4. Any property owners subject to this moratorium may apply to the City
Council for an exception in the event that a hardship results from its application, and the
City Council is authorized to grant an exception when it finds that such hardship does
exist.
SECTION 5. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is 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 Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
times during which this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
SECTION 6. This Resolution shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the CflJ-, day of qA~
,2003.
CITY OF LA PORTE
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2
ATTEST:
~IiiLI1Ad.
Mart Gillett,
City Secretary
3
LAND ACQUISITION
PHASE II
SHEET 1
:. 1
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F-216-00 FLOOD CONTROL
DEVELOPMENT
LEGEND
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iJ :CENTER LINE OF F-216-00-00
\. r--l :60' OFFSET FROM CENTER UNE
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LAND ACQUISITION
PHASE II
SHEET 2
F-216-00 FLOOD CONTROL
DEVELOPMENT - SHEET 3
LEGEND
=CENTER UNE Of f-216-(J(H)O