HomeMy WebLinkAboutR-2004-15 acquisition of land for completion of police station
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RESOLUTION NO. 2004 - IS
A RESOLUTION AUTHORIZING THE ACQUISITION OF TRACTS OF LAND FOR
THE COMPLETION OF A POLICE STATION AND MAINTENANCE PURPOSES IN
THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has found and determined
that public necessity requires the acquisition of tracts of land for the completion of a
police station and maintenance purposes on the hereinafter described real property in
the City of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has found and determined
that the tracts of land hereinafter described are suitable and needed for the completion
of a police station and maintenance purposes, and that it is necessary to acquire same
for this purpose; and
WHEREAS, the City Council of the City of La Porte deems it advisable to
authorize, and does hereby authorize, John D. Armstrong, Assistant City Attorney of the
City of La Porte, or his designated representative, to represent the City of La Porte in
the acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. That the said John D. Armstrong, as Assistant City Attorney for the
City of La Porte, or his designated representative, be and he is hereby authorized to
negotiate with the owners of the hereinafter described land, concerning the acquisition
by the City of La Porte, of the tract of land for the completion of a police station and
maintenance purposes, located in Harris County, Texas, said tracts of land being more
particularly described by metes and bounds as shown on Exhibit "A" attached hereto, at
the fair market value for same, and should said City Attorney, or his designated
representative, as the duly authorized representative of the City of La Porte, be unable
to agree with such owners as to the fair market value of such tract of land, then, and in
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that event, said attorney be, and he is hereby authorized and directed to file against all
owners and lien holders, proceedings in eminent domain to acquire the above described
property, for drainage and flood control purposes.
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 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 3. This Resolution shall be effective from and after its passage and
approval.
PASSED AND APPROVED this l1fL day of SEPrf'MBeE:.., 2004.
CITY OF LA PORTE
By:
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Alton Porter, Mayor
ATTEST:
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EXHIBIT 1
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EXHIBIT "A"
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STATE OF TEXAS ~
COUNTY OF HARRIS ~
A 10.00 foot wide public fee strip for the purposes of public use for part of a proposed
police station and maintenance. The 10.00 foot wide public fee strip is across a portion
of that certain tract described as a 9.135 acre tract or parcel ofland situated in the Richard
Pearsall Survey, Abstrct No. 625, Harris County, Texas, and being a portion a called
19.892 acre tract as described in deed dated May 20, 1983 from Ruth Styles Oberg to
David C. Angel and gerald Garrie and recorded in Harris County Clerks File No.
H991127, said 9.135 acre tract being also a portion of the T.W. Lee Subdivision,
according to the map therof recorded in Volume 67 Page 1 of the Map Records of Harris
County, Texas, and a portion of the streets and alleys within said subdivision as vacated
and abandoned by the Commissioner's Court on April 8, 1935, said fee strip consisting of
0.003444 acres being more particularly described by metes and bounds as follows:
COMMENCING at a % inch iron rod with plastic cap stamped "RPLS 4980" set at the
intersection of the north line of Spencer Highway (West Main Street) right-of-way and
the east line of North 23rd Street (80 foot R.O.W.) for the Southerly Southwest corner of a
called 0.003444 acre tract, said Tract being as described in deed recorded in Harris
County Clerks File No. W867191, said iron rod to serve as the POINT OF BEGINNING;
THENCE, NORTH, along the West line of the said 0.003444 acre tract and the East line
of North 23rd Street, a distance of 15.00 feet, to a 5/8 inch iron rod with cap found for the
Northwest corner of the said called 0.003444 acre tract;
THENCE, EAST, along the North line of the said 0.003444 acre tract, a distance of 10.00
feet to a found 5/8 inch iron rod for a point henceforth to be the Northeast comer of the
herein described tract;
THENCE, SOUTH, along the East line of the said called 0.003444 acre tract, a distance
of 14.71 feet, to a 5/8 inch iron rod found for the Southeast comer of the said called
0.003444 acre tract;
THENCE, S 88021 '48" W, coincident with the North boundary line of the exisitng
Spencer Highway (West Main Street) right-of-way, a distance of 10.00 feet to the POINT
OF BEGINNING of the herein described tract and containing within these calls 0.003444
ACRES, MORE OR LESS.
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EXHIBIT 2
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EXHIBIT 3
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City of La Porte
Established 1892
11/26/03
Mr. William Thomas
% WPT Properties, Ltd.
1922 Forest Garden Dr.
Kingwood, Tx 77345
Certified Return Receipt
#70030500000443984777
RE: 2900 Block ofN. 23rd Street (at West Main/Spencer Hwy)
(part of Tract 12; Abst. 625, R Pearsall- HCAD #044-051-000-0071)
Dear Mr. Thomas,
We apologize for the delay in responding to your inquiry. However, we
discovered a number of irregularities as you will see in the letter below. This letter
should clarify the use of an off-premise advertising sign located on the above reference
property. The non-permitted, existing sign advertises a business located at 2915 N. 23rd;
however, the sign itself is located C?n a separate piece of property. The sign is located on
property that is zoned GeneraI.Coinmercial (G.C.) and off-premise advertising signs are
not allowed in this zone.' .
While we understand you may not have been the owner when ~he..irregularities
were created or you may not have been aware of the ordinances that control signage in La
Porte. for your convenience, the irregularities associated with this sign installation are
identified below: . '.:. .
· Sign was installed without the requi~ed building permit (In violation of Sect. 106-
878 of the city's zoning regulations)
· Off-premise, freestanding advertising sign is not located in a Business Industrial
(B.I.), Light Industrial (L.I.) and Heavy Industrial (H.!.) zone. (In violation of
Sect. 106-875(a) of the city's zoning regulations)
· Staff's review of the certified site plan for 2915 N. 23rd Street (CLP #99-8228)
confirms the developed site did not include approval for use of any land area
located at the comer ofN. 23rd and Spencer Highway (W. Main).
· Staff reviewed the 6.114 acre survey (signeq on 06/05/03) and notes the "sign" is
not located within the development area known as 2915 N. 23rd Street.
· Staff is unable to confirm the re-platting of the original subdivision plat occurred,
as required by Sect. 4.07 of the City's Development Ordinance #1444.
604 \"1. Fairmont Pkwy. · La Porte. Texa<; 77.'171 . (?If!' 471_~n?n
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Wm. Thomas Sign Letter
Page 2
· Staff's review of the survey document signed on 06/08/03 recognizes the
developed site known as 2915 N. 23rd did not change from the 06-05-03 survey;
however, a new "stand-alone" 10'XI5' area identified as Insert A was added to
the sheet.
· Also, in accordance with Ordinance #1444, Sect. 5.03(E)(I) and (2), the lot width
and area requirements do not comply with the city's zoning ordinance and
development ordinance.
We are not aware of any alternatives, given the current zoning, to accommodate this
sign. A suggestion for a one-foot (1') reselVe strip connecting the main property to the
sign would not meet the zoning ordinance requirements.
Based on the noted items, we ask your assistance in the abatement of the violations.
It appears this will require the sign to be removed from its current location. It is our
understanding you own land that is contiguous to the mini-storage facility and has
frontage on Spencer Highway that is zoned Business Industrial (BI). This may be a
suitable location for the relocation of the sign. We would need more details before we
could provide a final determination. However, please note that prior to any relocation of
the sign, a city building permit shall first be obtained.
Should you disagree with staff s determination, your avenue of appeal would be thru
the City's Zoning Board of Adjustment (ZBOA). For your convenience, I am attaching
copies of the sections that describe the criteria considered by the Board. The avenues are:
(1) Appeal of the Enforcement's Officer's Decision; (2) Special Exception and (3)
Variance. It is the responsibility of the applicant to establish to the ZBOA that they meet
the appropriate criteria.
Please contact me within ten (10) days from receipt of this letter to discuss the
removal of the sign in question. Should you have any questions, please feel free to
contact our office at #281-471-5020; Ext. 259. Thank you.
Respectfully,
CN-v~~~ ~ tJ:~~
Debbie S. Wilmore
Chief Building Official
Attachments
xc: John E. Joerns, Assistant City Manager
Nick Finan, Interim Planning Director
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~ 106-87
LA PORTE CODE
Sec. 106-87. Rules and meetings.
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The board of adjustment shall adopt rules of procedure in accordance with the provisions of
this chapter. Meetings of the board of adj ustment shall be held at the call of the chairman and
at such other times as at least four members of the board of adjustment may determine. Such
chairman, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board of adjustment shall be open to the public.
The board of adjustment shall keep minutes of its proceedings, showing the vote of each
member upon each question, or ifabsent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, aU of which shall be immediately filed in
the office of the city secretary and shall be a public record.
Sec. 106-88. Powers and duties.
The board of adjustment shall have t~e following powers:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement,
de~ision or determination made by the enforcement officer,in the enforcement of this
chapter.
(2) To hear and decide special exceptions to the te~sof this chapter upon which it is
required to pass under s~ction 106-191.
(3) To authorize upon appeal in specific cases such variance as defined in section 106-192
from the tenus of the ch,apter, as will not be contrary to'the public interest, where,
owing to special conditions, a literal enfor~ement of the provisions of the chapter will
result in unnecessary hardship; and so that the spirit of the chapter shall be observed.
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Sec. 106-89. Appeals to board of acljustment.
Appeals to the board of adjustment may be taken by any person aggrieved or by any officer,
departme.p.t or board, of the city affected by any decision of the enforcement officer. Such
appeal shall be taken within 30 days as provided by the rules of procedure of the board of
adjustment, by filing with the enforcement officer from whom the appeal is taken specifying
the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith
transmit to the board of adjustment all papers constituting the record upon which the action
appealed from was taken.
(1) When appeals stay all proceedings. An appeal stays aU proceedings in furtherance of
the action appealed from, unless the enforcement officer from whom the appeal is
taken certifies to the board of adjustment after notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay would, in his opinion,
cause immediate peril to life or property. In such case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the board of
adjustment or by a court of record on application on notice of the enforcement officer
from whom the appeal is taken and on due cause shown.
CDI06:26
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ZONING
~ 106-122
(2) Time for and notice of hearing of appeal. The board of adjustment shall fix a reasonable
time for the hearing of the appeal, give public notice _thereof, as well as due notice to
the parties in interest, and decide the same within a reasonable time. Upon the
hearing any party may appear in person or by agent or attorney.
(3) Action on appeal. In exercising the powers set forth in section 106-88, the board of
adjustment may, in confonnity with the provisions of this chapter, reverse or aflinn,
wholly or partly, or may modify the order, requirement, decision, or determination as
ought to be made, and to that end shall have all the powers of the enfQrcement officer
from whom the appeal is taken. The board must find the following in order to grant an
appeal:
a. That there is a reasonable difference of interpretation as to the specific intent of
the zoning regulations or zoning map, provided the interruption of the enforce-
ment officer is a reasonable presumption and the zoning ordinance is unreason-
able.
b. That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated.
c. The decision of the board must be in the best interest of the community and
consistent with the spirit and interest of the city's zoning laws and the
comprehensive plan of the city.
Sees. 106-90-106-120. Reserved.
DIVISION 3. ENFORCEMENT
Sec.. 106-121. Completio.n under prior regulations.
Nothing herein shall require any change in the plans, construction or designated use of a
building for which a legal building permit has been issued prior to adoption, provided such
construction shall have been started within six months following the date of issuance of such
permit and work thereon is diligently prosecuted to completion.
Sec. 106-122. Completion under chapter.
(a) If the work described in any building permit which complies with this chapter has not
begun within sL-<: months from the date of issuance thereof, said pennit shall expire; it shall be
cancelled by the enforcing officer, and written notice thereof shall be given to the persons
affected.
(b) If the work described in any building permit issued under the provisions of this chapter
has not been commenced within six: months, or if construction or work is suspended or
abandoned for a period of six months at any time after work is commenced, said pennits shall
expire and be cancelled by the enforcing officer. Written notice thereof shall be given to the
persons affected,. together with notice that further work as described in the cancelled permit
shan not proceed unless and until a new building permit has been obtained.
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~ 106-191
LA PORTE CODE
DIVISION 6. SPECIAL EXCEPTIONS AND VARIA.J.'J'CES*
j;l Sec. 106-191. Special exceptions.
(a) Application for special exceptions. All applications for special exception to the terms of
this chapter shall be in writing and shall specify the facts involved, the relief desired, and the
grounds therefor. Each such application shall be filed, along with the appropriate fees, with the
enforcement officer who after investigation shall transmit such application together with his
report to the board of adjustment within ten days after the filing of the application with the
enforcement officer.
(b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall
mean a deviation from the requirements of this chapter, specifically enumerated herein, which
shall be granted only in the following instances, and then only when the board finds that such
special exception will not adversely affect the value and use of adjacent or neighboring
property or be contrary to the best public interest:
(1) To ~econstruct, enlarge or extend a building occupied by a nonconforming use on the lot
or tract occupied by such building, provided that the reconstruction, extension, or
enlargement does not prevent the return of the property to a conforming use.
(2) To deviate yard. requirements in the 'following circumstances:
a. Any exception from the front yard requirements where t~e actual front yard
setback of any abutting lot does not meet the front yard requirement.
b. A rear yard exception where the' actual rear yard setback of any four or more lots
in the same block does not meet the rear yard requirements of these regulations.
c. Ayard eXception on corner lots.
d. An exception where the existing front yard setbacks of the various lots in the
same block are not unifonn, so that anyone of the existing front yard setbacks
shall, for buildings hereafter constructed or extended, be the required minimum
front yard depth. .
(3) To waive or reduce off-street parking and loading requirements when the board finds
the same are unnecessary for the proposed use of the building or structure for which
the special exception request applies.
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(c) Hearings on applications for special exceptions.- The board of adjustment shall fix a
reasonable time for the hearing of all applications for special exceptions, give public notice
thereof, as well as due notice to the parties in interest, and decide the same within a
reasonable time as specified in section 106-194. Upon the hearing any party may appear in
person or by agent or by attorney.
"'Editor's note-See also section 106-89 for additional rules for hearings in front ofthe
zoning board of adjustment.
CD 106:32
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ZONING
~ 106-194
..tt Sec. 106-192. Variance.
(a) Application for variances. All applications for a variance from the terms of this chapter
shall be in writing and shall specify the facts involved, the relief desired, and the grounds
thereof. Each such application shaU be filed with the enforcement officer who after investiga-
tion shall transmit such application together with his report to the board of adjustment within
ten days after the filing of the application with the enforcement officer.
(b) Findings of facti definition of hardship.
(1) The tenn "variance" shall mean a deviation from the literal provisions of this chapter
which is granted by the board when strict conformity to this chapter would cause an
unnecessary hardship because of the circumstances unique to the property on which
the variance is granted.
(2) Except as otherwise prohibited, the board is empowered to authorize a variance from
a requirement of this chapter when the board finds that all of the following conditions
have been met:
a. That the granting of the variance will not be contrary to the public interest;
b. That literal enforcement of this chapter will result in unnecessary hardship
because of exceptional narrowness, shallowness, shape, topography or other
extraordinary or exceptional physical situation unique to. the specific piece of
property in question. "Unnecessary hardship" shall mean physical hardship
relating to the property itself as distinguished from a hardship relating. to
convenience, financial considerations or caprice, and the hardship must not
result from the applicant or property owner's own actions; and
c. That by granting the variance, the spirit of this chapter will be observed.
(3) The applicant shall have the burden of proving to the board that the foregoing
conditions have been met.
(c) Use variance prohibited. No variance shall be granted to permit a use in a zoning district
in which that use is prohibited.
(d) Hearings on applications for variances. The board of adjustment shall fix a reasonable
time for the hearing of all applications for variances, give public notice thereof, as well as due
notice to the parties in interest, and decide the same within a reasonable time, as specified in
section 106-194. Upon the hearing any party may appear in person or by agent or by attorney.
Sec. 106-193. Additional conditions. .
The board is empowered to impose upon any variance or special exception any condition
reasonably necessary to protect the public interest and community welfare.
Sec. 106-194. Notice of public hearings before the board of adjustment.
The notice of public hearings provided for in this section shall be given by publication once
in a newspaper of general circulation in the city stating the time and place of such hearings,
CDI06:33
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Seotember 13. 2003
Requested By: WII)'n~ ~lIhn lJ(1
Aoorooriation
Source of Funds:
Department: Plaaaing
Account Number:
Report:
Exhibit t:
Resolution: X Or~inance:
Amount Budgeted:
Takings R~solution
Amount Requested:
Exhibit 2:
Map of area to be acquired
Budgeted Item: YES NO
Exhibit 3:
11/26/03 Correspondence to Thomas
SUMMARY & RECOMMENDATION
The City of La Porte has recently purchased the land at the northeast comer of Spencer Highway and North 23n1
Street. The described 10' x 15' area was not part of that purchase. The land had previously been purchased by Mr.
William Thomas ofWPT Properties Ltd. in hopes that he could erect an' off premise sign advertising the self storage
facility on North 23n1 Street. The owner has been notified that in accordance with La Porte's Zoning Ordinance, it is
not allowed to erect such a sign. See Exhib.it 3. The acquisition of the small parcel will complete the land needed
for the future police department station. A public hearing is not required.
Action Required bv Council:
Co~sider approving a takings resolution for an approximate 10 ft x 15 ft parcel at the northeast comer of North 23n1
Street and Spencer Highway.
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