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HomeMy WebLinkAboutR-2003-15 place moratorium to file/issue permits for HCFC F216-00-00 project --~...- 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 ~~ 2 ATTEST: ~IiiLI1Ad. Mart Gillett, City Secretary 3 LAND ACQUISITION PHASE II SHEET 1 :. 1 :; F-216-00 FLOOD CONTROL DEVELOPMENT LEGEND i iJ :CENTER LINE OF F-216-00-00 \. r--l :60' OFFSET FROM CENTER UNE '--.J .,. M~ .1o:-+~~--.~~._o~ ... ......~~. .~. .~ {~' ",.! """. .' :;~~f 't~-.;:, -.----------~----- .# . ~~'1 ~..~ll..'\ "'Ill!' \~ LAND ACQUISITION PHASE II SHEET 2 F-216-00 FLOOD CONTROL DEVELOPMENT - SHEET 3 LEGEND =CENTER UNE Of f-216-(J(H)O