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HomeMy WebLinkAbout1990-04-09 Public Hearings and Regular Meeting . . APRIL 9, 1990 Apr/ I ql. (CJqo MINUTES OF THE PUBLIC HEARINGS AND REGULAR MEETING OF THE LA PORTE CITY COUNCIL 1. The meeting was called to order at 6:00 P.M. by Mayor Malone. Members of ci tv Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Bob McLaughlin, Alton Porter, Deotis Gay (arrived at 6:07), B. Don Skelton, Jerry Clarke Members of citv Council Absent: None Members of ci tv Staff Present: Ci ty Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Parks and Recreation Stan Sherwood, Police Chief Charles smith, Director of Community Development Joel Albrecht, Purchasing Manager/Human Resources Manager Louis Rigby, Finance Director Jeff Litchfield, Chief Building Inspector Ervin Griffith Others Present: Approximately 50 citizens 2. The invocation was given by councilperson Waters. 3. Council considered approving the minutes of the regular meeting of Council held March 26, 1990. It was noted by the Mayor that a typographical error on item 7, page 3 of the minutes, had been corrected and copies of that page put at the Council places. Motion was made by Councilperson Skelton to approve the minutes of March 26 as noted. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays (Councilperson Gay had not yet arrived). Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlj,.n, Porter, Skelton, Clarke and Mayor Malone None Ayes: 4. The Mayor proclaimed National Secretaries Week and Lions White Cane Days. 5. The Mayor, joined by Council members, presented City Attorney Knox Askins with a plaque to honor his 25 years of service to the City as City Attorney. Mr. Askins responded with a brief review of his 25 years as City Attorney, and thanked Council for honoring him. . . Minutes, Public Hearings and Regular Meeting La Porte city council April 9, 1990, Page 2 6. Gene Newton, representing Dow Chemical Company, addressed Council regarding industries' commitment to the environment. He presented each Council member with a parchment copy of the commitment pledge, and presented the city with an engraved plaque signed by managers of area industries. 7. Public Hearings A. Request of Fairmont Park Baptist Church for a special conditional use permit to allow placement of a 24-foot by 32-foot portable building to be used for storage. The Mayor called public hearing "A" to order. Joel Albrecht, Director of Community Development, reviewed the request for Council. He also presented the recommendation of the Planning and Zoning Commission, which was to deny the special conditional use permit. The Mayor asked for public input; the following persons addressed Council: Reverend Wayne Spears - spoke on issues involved in the request. He is in favor of having the building remain on the church property in its present location. Mike Pizzitola addressed Council in opposition to the permit being granted. Mr. pizzitola lives right by where the building is, and it is right outside his back yard. He feels it is an eyesore. Mrs. Penny Hambrick addressed Council, also in opposition to the permit. She lives close to Mr. pizzitola and agrees that the building is an eyesore and encourages trespassing. Mr. Frank Cline addressed Council in opposition to the permit. During the course of the public input, Council asked questions of the citizens addressing them. After these questions were answered, the Mayor asked for further input. There being no further input, the Mayor declared pUblic hearing "A" closed. B. Request of International Cargo Network for a special conditional use permit to allow development of a Planned unit Development (PUD) to consist of a refrigerated warehouse complex. The Mayor called public hearing "B" to order. Joel Albrecht, Director of Community Development, reviewed the request. e e Minutes, Public Hearings and Regular Meeting La Porte City Council April 9, 1990, Page 3 The Mayor called for public input. Harley Martin, President of ICN, addressed Council to express his willingness to accept the conditions of the PUD set out by the Planning and Zoning Commission. Questions from Council were answered. There being no further input, the Mayor declared public hearing "B" closed. 8. Blinkey, the robot cop recently purchased through donations, was introduced to Council by Chief Charles smith. Blinkey was certainly well-received, and his "keepers", Mike Edgmon and Jerome McKown, handled him very professionally. 9. Council considered approving a special conditional use permit for Fairmont Park Baptist Church to allow placement of a 24- foot by 32-foot portable building to be used for storage. Motion was made bY Councilperson McLauqhlin that the request be returned to the Planninq and Zoninq Commission for further study. Second by Councilperson Gay. The motion failed, 3 ayes and 6 nays. Ayes: Nays: Councilpersons McLaughlin, Gay and Skelton Councilpersons Waters, Cooper, Matuszak, Porter, Clarke and Mayor Malone Motion was made by Councilperson Porter to deny the request of Fairmont Park Baptist Church for a special conditional use permit. Second by Councilperson Clarke. Councilperson Gay moved to amend the motion to approve the permit if the building was moved. City Attorney Askins stated that this motion to amend was not in order. The motion to deny the request was voted, and carried, 5 ayes and 4 nays. Nays: Councilpersons Waters, Cooper, Porter, Clarke and Mayor Malone Councilpersons Matuszak, McLaughlin, Skelton and Gay Ayes: 10. Council considered approving a special conditional use permit for International Cargo Network to allow development of a Planned unit Development (PUD) to consist of a refrigerated warehouse complex. Motion was made bY Councilperson Clarke to approve the special conditional use permit for International Cargo Network. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. e . Minutes, Public Hearings and Regular Meeting La Porte City Council April 9, 1990, Page 4 Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 11. Council considered an ordinance approving sale and conveyance of a certain parcel of real property by the City of La Porte. The City Attorney read: ORDINANCE 1696 - AN ORDINANCE ACCEPTING THE BID OF CHARLES BERDON LAWRENCE, FOR THE SALE AND CONVEYANCE OF A CERTAIN PARCEL OF REAL PROPERTY OWNED BY THE CITY OF LA PORTE; MAKING CERTAIN FINDINGS OF FACT; AUTHORIZING THE MAY TO EXECUTE A SPECIAL WARRANTY DEED FROM THE CITY OF LA PORTE TO CHARLES BERDON LAWRENCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Skelton to adopt Ordinance 1696 as read by the City Attornev. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Ayes: 12. Council considered a consent agenda, as follows: (A) Consider awarding a bid for a cargo van; (B) Consider awarding a bid for pick up trucks. Motion was made bv Councilperson Waters to approve the consent agenda as ~resented. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone None Nays: 13. Administrative Reports: A. Report from City Manager regarding request for utility service outside city limits - recommendation from the Assistant City Manager that this be delayed, as all necessary information had not been received. B. Leadership Conference on April 26, 1990 - Rob Mosbacher will be the speaker at the conference and plans are going well. Tickets for the luncheon for Councilpersons' spouse have been distributed. e e Minutes, Public Hearings and Regular Meeting La Porte City Council April 9, 1990, Page 5 C. The City Manager announced that the City is now the proud owner of a new Multi-Purpose Center. The bowling alley building on Broadway has been purchased by the city for this use. Mr. Herrera asked for direction from the Mayor on how to proceed with this project. It will be put on the April 23 agenda as a workshop item. 14. Council Action: Councilpersons Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 15. Council adjourned into executive session at 8:29 P.M. to address two items under Article 6252-17, section 2(R) (Conference), as follows: (A) Receive report from City Manager regarding a Community Block Grant; (B) Receive report from city Manager regarding drug testing policies. Council returned to the table at 9:45 P.M. Under item A, the City Manager was directed to pursue the Block Grant; and under item B, the City Manager was directed to continue preparation of drug testing policies. 16. There being no further business to come before the Council, the meeting was duly adjourned at 9:46 P.M. Rez=ljZL Cherie Black, City Secretary Passed & Approved this the 23rd day of April, 1990 .4~teJak y~ jJ/w-~ Norman L. Malone, Mayor e . Office of the Mayor ari ~{J '----. _ ,DO ~~~. o~ <? r ... IOU llJJqrrra.a : P Jto 6 e..6 -6io na1. -6 eCJtetaJUe..6 Me c.omm-Ltted :.to uphold.i.ng :.the rughe..6:.t etruc.CLt -6 .ta.ndMd6 ; and WHEREAS, pJt06e..6-6ionCLt -6ecAe:t.o.JUe..6 Me wUling :.to go :.the ex.tJr..a. mLte; and WHEREAS, pJt06e..6-6ionCLt -6eCJtetaJUe..6 Me :.the unhcuz.ai.ded membeJL6 06 :.the management :.team; and WHEREAS, :.the week. 06 Aptril 22-28 ha.6 been de..6..i..gna.ted PM6e..6-6ionCLt SecAe:t.o.JUe..6 Week. by PJt06e..6-6ionCLt SecJte:t.o.JUe..6 InteJ1.n.aUonCLt, W olLigina.toJt and -6pOn6oJt. NOW, TIIEREFORE, I, NORMAN MALONE, MAYOR 06 :.the City 06 La PoJtte, do heJteby pMc.laim :.the week. 06 ApJtii 22-28, 1990, a.6 PROFESSIONAL SECRETARIES WEEK and a..6k. :.th.a...t management eVeJ1.ywheJ1.e join in Jtec.ognizing :.the ou:.tJ.>.ta.nd.i.ng ptL06e..6-6ionaL6 in :.the1.Jr. employ, e-6pec-i..ally on Wednuday, ApJtii 25, PJt06u-6ionCLt SeCJte:t.o.JUe..6 Vay. IN WITNESS WHEREOF, I have heJ1.en.nto -6et my hand and c.CUL6ed :.the SeCLt 06 :.the City :.to be a66h<.ed heJ1.eto, ;t/-U-6 :.the 9:.th day 06 ApJtii, 1990. CITY OF LA PORTE NOJtman L. Malone, MayoJt . e Office of the Mayor G ~ [1{jJ [) ~~\'i,&o ." -~/. 'f':-. .' .c- <? r ... tOU Re6totvtng J.>..i..ght to the bUnd hlL6 been the due 6 c.o nc.vz.n 06 Uo n6 ClubJ.> ..i..n :thM Mea 60ft mofte than 30 ye..aJr.l,; and WHEREAS, the L..i..on6 Eye Bank. 06 T exa.6, ..i..n the T exa.6 Medic.al. Centvz., -iA the laJLge6t ..i..ndependent eye bank. ..i..n the wol11.d and hlL6 donated mofte than 28,000 c.oftnea.J.> 60ft tnan6p1.a.nting ..i..n the pa.6t 30 yea.Jr..J.>; and DJJqrrrU!l : WHEREAS, the ho.6p..i..:t.ctt6 ..i..n the Texa.6 Med..i..c.al. Centvz. Me J.>ome o 6 the mOJ.>t ac;Uve c.oftne.a1. tnan.6 plant c.enteJL6 ..i..n the Un..i...ted S:ta:te6; and WHEREAS, dwvi.ng the annu.a1. "Wh..i...te Cane Vay.6", ApJUl 21- 2 3, many 06 the mofte than 2,800 UOn.6 Club membeJW wil..t be hancU.ng out .6ma..U wh..i...te c.ane6 ..i..n .6hopp..i..ng c.enteJL6 and othvz. pubUc. gathV1...i..ng plac.e6 :to fte.mi..nd people tha.:t bUndne6J.> can be ovvz.c.ome and to enc.ouJLage the dona.t..i..on 06 c.oJr..ne.a.6 to the L..i..on.6 Eye Bank. 06 Texa.6. NOW, THEREFORE, I, NORMAN MALONE, MAYOR 06 the C..i..ty 06 La Po4te, do he.Jteby pftoc1.a.im ApJUl 21 tMough 23, 1990, a.6 WHITE CANE VAYS ..i..n the CUy 06 La Po4te, and do c.ommend the membeJL6 06 UOn.6 Cfub.6 tMoughout the Mea. 60ft thebL decUc.a;Uon to ttuA v..i..taJ.. WOftk.. IN WITNESS WHEREOF, I have hvz.w.nto J.>u my hand and c.aMed the Seal. 06 the C..i..:ty :to be a66-l.xed hvz.e..to, :thM the 9th day 06 ApJUl, 1990. CITY OF LA PORTE Noftman L. Ma1.one, Ma..YOft e e REQUEST FOR CITY COUNCIL AGENDA ITEM ----------------------------------------------------------------- ----------------------------------------------------------------- Agenda Date Requested: April 9, 1990 Requested by: Joel Albrecht Dept: Community Development x Report Resolution x Ordinance Exhibits: 1) 2 ) 3) Special Conditional Use Permit nSCU90-002 Planning & Zoning Commission Transmittal letter Staff Report and Exhibits ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY & RECOMMENDATION Summary: The La Porte Planning and Zoning Commission on February 15, 1990, met in Public Hearing and regular session to consider a request by Fairmont Park Baptist Church for a Special Conditional Use Permit. The purpose of this request is to allow permanent placement of a portable storage building on the church's property located at 10401 Belfast Drive in Fairmont Park. The building is to be used for church storage. Under the requirements of Ordinance 1501, Section 5-600, Table A, a Special Conditional Use Permit is required before this or any other expansion of a religious facility may take place in an R-1, residential zone. Recommendation: The Planning and Zoning Commission, by unanimous vote, has recommended denial of this request. Options: I. Approve Special Conditional Use Permit nSCU90-001: A. As requested by applicants B. With added conditions II. Table SCU90-00l for further consideration at a future date. III. Deny SCU90-001 as recommended by Planning and Zoning Commission. NOTE: Zoning Ordinance Section 11-507.8 states: "The affirmative vote of at least three fourths (3/4) of the City Council is required to overrule a recommendation of the City Planning and Zoning Commission that a proposed change to this Ordinance or boundary be denied." Zoning Ordinance Section 10-201.5 states: "Every Special Conditional Use Permit granted as provided herein shall be considered as an amendment to the Zoning Ordinance as applicable to such property. A three quarter (3/4) majority of Council must vote to approve SCU90-001 in order for it to be granted. REQUEST FOR CITY COUNCI~GENDA ITEM PAGE -2- -- Action Required by Council: I. Hold Public Hearing to consider Special Conditional Use Permit Use Request #SCU90-002 II. At close of Hearing, call vote to consider approval or denial of permit SCU90-001. ----------------------------------------------------------------- ----------------------------------------------------------------- Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: ___YES ___NO ----------------------------------------------------------------- ----------------------------------------------------------------- Aooroved for City Council Agenda JlT~ Robert T. Herrera City Manager "'tl 4 \C\O DATE ----------------------------------------------------------------- ----------------------------------------------------------------- e THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING e In accordance with the provisions of Ordinance 1501, the City of La Porte Zoning Ordinance, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of April, 1990, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to hear a request from Reverend Wayne Spears, on behalf of the Fairmont Park Baptist Church, for a Special Conditional Use Permit to allow placement of a 12-foot by 24-foot portable building to be used for storage. Legal description of the property is: a 6.503 acre tract; Part of Lot 5; W. J. Payne Subdivision; W. J. Jones Survey, Abstract 482, and further described as 10401 Belfast Drive. A regular meeting will be held following the public hearing for ~he purpose of acting upon the public hearing item and conduct other matters pertaining to the City 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 Cherie Black City Secretary e CITY OF LA ~R TE PHONE (713) 471-5020 . P. O. Box 1 1 15 . LA PORTE, TEXAS 77572-1115 March 16, 1990 Honorable Mayor Malone and City Council City of La Porte RE: Special Conditional Use Permit Request #SCU90-001 Dear Mayor Malone, The La Porte Planning and Zoning Commission on February 15, 1990, met in Public Hearing and regular session to consider a request by Fairmont Park Baptist Church for a Special Conditional Use Permit. The purpose of this request is to allow permanent placement of a portable storage building on the church's property located at 10401 Belfast Drive in Fairmont Park. The building is to be used for church storage. Under the requirements of Ordinance 1501, Section 5-600, Table A, a Special Conditional Use Permit is required before this or any other expansion of a religious facility may take place in an R-l, residential zone. After considering the applicants' request, Staff's report and citizen comment, the Planning and Zoning Commission, by unanimous vote, has recommended the denial of this request. Respectful~ ~ves, Chairman ~~~~~i~~aand Zoning Commission cc: Planning and Zoning Commission Members e e CITY OF LA PORTE SPECIAL CONDITIONAL USE PERMIT Ordinance #1501 Permit No. SCU90-001 CLP Job No. N/A This permit issued to: Rev. Wayne Spears Owner or Agent 10401 Belfast Dr. Address For Development of: Fairmont Park Baptist Church Development Name 10401 Belfast Drive Address 6.503 Acre Tract out of part of Lot 5; W. J. Payne Subdivision Legal Description Zoning: R-1 PERMIT CONDITIONS Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions: Not Applicable Validation Date: Zoning Administrator City Secretary APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT e CITY OF LA PORTE e ----------------------------------------------------------------~----- A p pI i cat ion No.: 9' t7- .. / OFFICE USE ONLY: Fee: $100.00 Date Received: /-~- 9CJ Rece ipt No.: tJ'77'. 9;t., Certified Plans Submitted: ( ) General Plan () Major Development Site Plan (X) Minor Development Site Plan () Preliminary Plat p;~~~~-M;ki~;-R;~~;~~~-----~~:;:-':7b:r~~~~;::----------- Mailing Address: '~I-LJl:1 ~T City/State: _LA.~I2.""tr- \~~ Phone: ~Il- X{g IS BUSINESS NAME: 1=h\12~ ~'L~~~-r ~lZGtJ PROPERTY ADDRESS: --~'E. I. LEGAL DESCRIPTION: (p.~. \:t:o: LT. 5, \.J.j.}:l~s.,e::t::>. ZONE: \2,-\ SIC USE CATEGORY: ~tal TYPE OF BUSINESS: C"'-kHZGW. /-~-9'a ~a~~ Date Own or Authorized Agent ----------------------------------------------- ---------------------- OFFICE USE ONLY Date of City Council Meeting: Z r one: "~ ~ ::{ ) :j.;; C Recommendation: Y or \.JY! Approved: Y or N Date of P & Z Public Hearing: r....b 1~,/770 This application is: Approved Permit fJ ) Denied ( ) CLP JOB f1 (If Assigned Yet) Conditions: Zoning Administrator Date CED/1-'87 e e SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-001 Requested For: Fairmont Park Baptist Church Leqal Description: 6.503 acre tract; Part of Lot Payne Subdivision; W. J. Jones Abstract 482 (See Exhibit A) 5; W. J. Survey, Address: 10401 Belfast Drive Zoninq: R-1, Low Exhibit B) Density Residential (See Requested By: Rev. Wayne Spears, Pastor, Fairmont Park Baptist Church Purpose of Request: To Secure a Special Conditional Permit to allow placement of a 12 24 ft. portable building to be used storage building. Use ft x as a Backqround: The Fairmont Park Baptist Church is located in "old" Fairmont Park at the corner of Belfast and Farrington Blvd. (See Exhibit B). The church property and surrounding subdivisions are zoned R-1 Low Density Residential. The church is requesting a Special Conditional Use (S. C. U.) Permit to allow a portable building located on their property to be used as a storage facility. This is in accordance with the provisions of Section 5-600, Table A of Zoning Ordinance 1501. This section requires that a Special Conditional Use Permit be issued prior to the construction or expansion of any religious facility located within a Low Density Residential zone. In April 1987, the church obtained a Special Conditional Use Permit (#001-87) to allow a major expansion of existing church facilities. At that time, the building under present consideration was being used as a Sunday School classroom. The portable building was relocated to make room for a building addition and used as a contractor's office for the duration of the construction period. e e special Conditional Use Permit Request #SCU90-001 Page -2- The certified site plan submitted in conjunction with the expansion project indicated that this building was to be removed from the site (See Exhibit B). The City's understanding was that the building would be removed upon completion of the expansion project. However, upon project completion, the building was left in its present location and used for church storage. The church is seeking an additional S. C. U. permit to legitimize this use. The building is presently located near the north eastern corner of the church's property. It has been placed twenty two (22) feet from the east (side) property line and twenty seven (27) feet from the north (rear) property line. This places the building approximately four hundred and fifteen (415) feet from the front property line and five hundred and thirty five (535) feet from the west (side) property line (See Exhibit A). The minimum building setbacks for religious institutions located in residential use zones (as specified by Section 5-700, Table B) are thirty (30) feet front, twenty (20) feet rear, and ten (10) feet side. The building complies with City setback requirements. other requirements to be considered when reviewing a S. C. U. permit are: I. Section 5-800 Special Use Performance Standards A. Screening B. Traf fie Control C. Compatibility with Surrounding Area D. Required Licenses Obtained E. Compatible Alterations and Adequate Parking II. Section 10-202. Conditions for Approval [of a S. C. U. Permit] A. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. e e Special Conditional Use Permit Request HSCU90-001 Page -3- B. That the conditions placed on such use as specified in each district have been met by the applicant. C. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. These issues will be discussed in the next section of this document. Analysis: Section 5-800: Screeninq: The purpose of the ordinance's screening requirements is to improve the aesthetic appearance of a site by obscuring from view buildings and areas, that are unsightly or architecturally incompatible with the surrounding area. While in this instance, it may be inadvisable to require a complete landscape screen, the Commission, if it decides to recommend approval of this request, would be justified in requiring landscape planting to "soften" the appearance of the building. Traffic Control: As the building's use is for storage, there should be no impact on traffic volume or traffic flow. The issue of traffic control is therefore not applicable to this request. Compatibility with Surroundinq Area: This section states that a building "shall not be so dissimilar to the existing buildings or area as to cause impairment in property or constitute a blighting influence within a reasonable distance of the development." As inferred in the paragraph on screening, architectural compatibility may be an issue with this request. The suggested landscaping would be one way to address the compatibility issue. __---,--_H_ e e Special Conditional Use Permit Request Page -4- Required License Obtained: This issue is not applicable to this request. Compatible Alterations and Adequate Parkinq: The present church parking facilities are adequate to meet zoning ordinance requirements. Used for storage, this building should have no impact on overall parking requirements. The issue of compatible alterations has already been dealt with. Section 10-202: This section sets three conditions which must be met by the applicant. The first of these conditions requires that the use be "compatible with and not injurious to the use and enjoyment" of surrounding property. The Commission must determine whether or not the application can satisfy this condition. In discussing this issue, the Commission should be aware of past problems relating to this building. There have been complaints regarding juveniles breaking into this building and apparently holding "parties". Further, at one point, the La Porte Police recovered some stolen items (scuba gear) from the building. Since that time, the church effectively secure the building. knowledge, there have been no further has taken this action. has taken steps to more To the best of staff's complaints since the church In this case, it is the Commission's responsibility to determine if the action taken by the church is adequate. If it is felt that the steps taken so far are insufficient, the Commission may, as a condition of the requested S. C. U. permit, specify further measures which may be necessary to insure the security of the building and surrounding neighborhood. On the other hand, if the Commission feels it is impossible to insure adequate security, this could be grounds to recommend permit denial. Denial of the permit would require removal of the portable building from the church property. One possible way to improve the security of the building would be through the use of security lighting. The next condition states, "the conditions placed on such use. have been met by the applicant". Should this permit be approved, it will be staff's responsibility to insure compliance on the part of the applicant. e e Special Conditional Use Permit Request Page -5- The final condition, "that the applicant any additional conditions imposed," must be applicant in the course of the Commission and Hearings. has agreed to meet attested to by the City Council Public Conclusion: The request (SCU90-00l) meets Zoning Ordinance prerequisites and is therefore eligible to be considered for a Special Conditional Use Permit. Should the Commission recommend approval of this request, staff ~ould suggest that the follo~ing conditions be attached to the permit. 1) Landscapinq: The area immediately surrounding this building shall be landscaped. The purpose of the landscaping is to improve the aesthetic appearance of the site. Required landscaping shall not obscure the vie~ of the building entrance or the surrounding area. The landscape planting plan shall require approval by the Director of Community Development. Required landscaping shall be in place at a date no later than thirty (30) days from the date of permit approval. 2) Security liqhtinq: All faces of the storage building containing door or ~indo~ openings shall be illuminated by security lighting. Such lighting shall be directed to~ard the building and a~ay from adjacent property lines. Required lighting shall be in place and functional at a date no later than thirty (30) days from the date of permit approval. Options: 1) Approve permit A) As requested by applicant B) With conditions suggested by staff C) With additional or amended conditions II) Deny permit III) Table request for further consideration at a future date. .;..' .. 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V ~- I3u7 ^-H ,,^cL ~ ~l7" ( 0 /\t \~ ~~~-&-~~ ' ,,:,-, ~ %,~c~&J,.",:L-.\ ~t! ),M..u::,1 j'ltP--p.- LL 6r-A& bY<- 'u~ ~ .s-DD /~ ~ Lu~ Lu-L~'L~d 6:;--- ~~M--P0ut.-\z d,).(o Tz- Jlo;:JQ,~~1:L/)y--.4ft{W('r~ ~tt~~17'~~~ ~ ~~~~~ ( O.SIGNATU ....s> / [) ~ bt1.h ,"VI rtJ JY\ , a fl~ ~ 1-1~/ / HOME AotSRESS (", ~C'..\.~ ~u..~ 0- ~L ':'-f e1~ CZ56 ~ ~"'~ ~~~~ [t)~^~J\~~~~~ ~6\~~d-~' 1l,.D~&~~~~J'. ~~ [,~ ~~~~fu~~ . C~~6 ~}-~JG0c ' . tJ: €..~. C-~~~ ~~~ ~Ylk~, ~~ ~P1i-:,. ,'.' , . dbY\ \~ ~~ -e-t ~ \:S ~"" ~J&,?\ . c>\ '~~ c~~ ~ ~~..p->~c , .' . ',?, .. . q Jf1!'.~~~ ~er rF:~ JlJd~ Jl~:Eb- cL.v- --cc- ~ ' k)cJiJ\... Q~r\.tx_l.-;.J ~ ~~rv ~ ot4L~ 0~h. ~v.-L~_uJ~.~ o~ -'L~" 1---- . ~~ ".1rJ1 9, /1f6 ea~Jk~ ~ T~PE OF ME~ --NG' , U ( ~'7 11tu fLm;Z Ita MEr;;;::rf;lF~ ~ dIf! qJ /990 ) ? ,ftl t- 0 ' I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PU~ING AND I AM IN FAVOR OF OR I AH IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. I. ~~ at0ad /}~~ /,4;di6c1 o/-~ ~~ J J.;&a~ 4eMAU a~/ldetUV~ ./-~A~d ~ ~ M./d771.~~J' . ], ~ ' , ' t'L:e. /z;. ~FfJl3(!, "/Ll aa&~ . ,c({tvn;cf .3-J'I-9fJ tlttld ~t-( ;.t_ J//~ (lab ~~ ~ ,:;If J99tJ ~~ J T)( ??S-?/ I HOME ADDRESS ~~: . --r; fYk ~^~#a/TlZfN2. ~.~. '~.4t~ ~ ~ -ftUJ ~~d ~ a. ~J ~O-yr&U/ #e-:- ~'~5 '_ ~ ~ ~.& ~cI ~ 10 Y!ct~~tl4tfft1 '.h 'tJ],;-: ~'. ~ J4.-.1ffjft~ . ~ . #e. ;;I. ~~{h, ~ ~~\~difir~ ~~dA~ . ~ YlJ; MPk~ al!~4 'hCz ~~ #" Jli ~~, e tZ:;ub / Ie lief} // Flb TYPE OF MEETING 1-f-9 - 9iJ ~,' Ou ;?/1 e MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING x IN AND I AM IN FAVOR OF OR I M1 OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. '.1 (2 {j Y/' 5("(" ('()~/C/. .(6 ~/ ~~,c;: U SIGNATURE /cJ?/IC) @Oy/()!(../ 1-71 topjc)Ty r 77~7/ HOME ADDRESS I I 1 e e KnOA.&&Qf d.<JJL ~ ~~~ 0' TYPR'?OF ME TING ~ tlf-A& 9ci ~. '(5{) 1m MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEAR NG AND I AM IN FAVOR OF OR I AH _OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. '-z1M ~ 0 f)ot bM.? u~ ~ (dd- ii. w '(~/7lc&~t8U~ vJ...-l -<J;:n, ~ iaafy-L tacL f~ 7~_ ~d ,> ",1I/) {J.,.Y/ ~~ fIh de- A~ ~ {.uA~ Tk AJO&J'T A./J ~ cf&iP. 10 fifk. .~ d~~rk i:uJLi ,(o~~9 ~ ~~/n, HOME 'ADD~ESS ~ ~~ -J:::~ SIGNATURE e e /'1)/' /. /1. ' \ _ ' ib nd I) ; 'f' , ul dJ ~/! OJ /r,Qj;' {,ni TYPE OF MEETIN I It~L/C iM0i' ,-7:',... 'J ~I (/nLJ C) /9 91; l/ MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING / / AND I AM IN FAVOR OF OR I AH ./ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. j, .. ^, a J P 01Y?-.( " -f, .,I//..)'>/l..~.... J-<-U ,..t...uv.:h Ii' V: . . ! d,u-u"" ~. V~t,,~(tr/t1~1..V'...-.--)o..f7./.Y Y:..<'.ah.... :::,'-/i!~U..l>J.(:v.?'U::.L:,4UY cJA.L -Uu.cLJ (I/L/uu,,~/l.(;cLJ.-. J ~i, '-L-' -IL-{....u.:J.1..0 CVnd-cr.A.0 . x." :Ur~ dU~(..'?lc:. /. d' ,j . ')J ., "/)' c..LI -/) L-l,/ ,:.' . ; -I C I ((C~ , ' ~/tL .LUCnd(rr..u...::;./ C-...A.t."CutL.u.d_ ~"P t7/}1(./_h!.....JL. c!../.J(17J ~ tUJ U~}/_. . ~/.Y"'; u-p, J-d- d...a OJ.Jj /':Jf1J.o..J:.ujJ':4-~O../{r-7 7') FJL ~V_17JI..ILCC:,tJ n~'I-Il1.... Q(d..t:.J u_LC:t.~?aj./l'cC... ~ f I J U ~ ~j~[6'L.(/vDUf.l-UU:zt ...!t.....to u..a...T\/~Url";<" ';<;/i...) Yf(t, .f'U<<.ld"'/ig:. a:r/CL tAUj)...A:: -~/j.l.j tJ-J) II ~ J . '" ,( L. . <-. .. /, rI[ /70. V.AiL'dLryflL CiLJL.:2f /-(}-... d Sli c:L.lU.. Ln~u...a..J..../...c(;. Y {L. )n... .UJ- ~. ~;nl..c..0't.nU':'^- (- \1.'; LL 'iL CL n' 'l.. , 'J...J-Jv..u. r.L/1 ' f;, I d ' 7 C. II.J/fl70A/1V) CL _A;h/rtf l.1-('J......... / ~7..1 f?.,'(o d~' OJ/7d_.i-/.,j....!~?~~<U, ~ ~ aA_Ul.j ~J.- tU~ l~c6.->n ,1 j,~ --'vut,1i7 CL--{" Jtk'-'L- ) 11 J , J~ .h fA ~ OhL')id"t079 (),)()'X.1/L) a 77d...- ~Q Ie -Li {lL(Q LJ Ct M.Uz cU./Y?fj 0 U1A,ncl ~ 1f"H&-~ ~/nu.diu. . c <.:~ r;(:c':'- (j , ~11 / y iJo.-h 'JU ,rJ) C<-'RL' SIGNATURE ~I :71 I C,-.: "- . ,- L-hu JV- Cu:u '7 7 ~- 7/ . J HOME ADDRESS -4 Y-k c)U(A/'Av /}LU d", </.I~~ JLw..:l~7!J' J aU fJ 8lQ/- 11 k ty>J;7.l! ct. t'(J kt, !/-!0.., ('j~U01<..u..iJ1i(~1J Lu-./uA.1. u (' Cvyv 6...c. ~ 1/.2,:{ )? d- /Yfl "o1Y1ie,,' n; cL J~ 'l-/L(~ C.i U.liccle-; U d..6- md {;J C<ITd ;a ,00u;v.ulv . . .Jj tU.L~L -;U; "))7..-j- ,ptJj2L7' e e f:~LiC d~/~l , I TYPE OF MEETING ON c/L~ /II- 1"\"<'/ ~~~r ~,P/Z-i L q, /77 () , MEETING /SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM v-- IN IN FAVOR OF OR I M1 OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. .~~. \UL <.\_~'1~ ~.'J\ '\;^""-i..._.......~ LYL ?&~~~ 6'\ \~-u_~__~~""\'-C ~j \.:V~ ~ ~_L<.tJ (~~,,~~ ^.u /'J CS &~..R ~, '--"S\~~ , (1 Jp it) I j Jl.., ~ ~___'{Y"\.,. ,..,.lI I (~ -*~ c A~Y' j U ~ ~_~ ~ -d;'-J\...y~,L~~ y uJe-,4R<N I A/f the. ~/l-/c u' A e.J /21~.sh, <:: Th' U s- - ~~ ~:,.,... ~ ~ ~ J?, --A..... ~ : <,(A ~~y0~.I~~ . 7J';.~~- o P" C L-<---//Z--~/' tZ- / '7'.-1 ,k) .r?.-h 0 C' d ..:i ~~J,.~~ ~~ SIGNATURE ~ - \D~ \, ~ (? a.~.A.AJ ~~ .~b ~ ~ -A DRESS -:> 757/ e fw~('J~^ n r "~" TYPE OF MEETING(J e Q f\,\~1 qj \'~ 'l (I MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING V AND I AM IN IN FAVOR OF OR I M1 OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. "!Jpp f.~; 4f> /) "oJ (! -e # " ( i '-.'f\f\;t\~L.c,i\X\. - A-TTpA~7s. 1!4I?,.Clrs jJ/cI,))/-PiY\ S :r -t f'h~{I)(' h jo'lfrJl<\ 7i~ irS, ~ ff:<, ~c;T0/)~P- /Y)/U'f5 fL il~ 'f. ('))/, v~ {' /, ~() i-:j,:L Y .1219"'" f, (//)."- f'€ ,,=I I ' kJ ; f l\ 1'\i<J:Lj It' vY\.-S ,J! ~ :f J~ - / 0 r.;?) /114./ 1;(1 /l-1 SIGNATURE L- /-I /2>;(7 S ?;)( HOME ADDRESS e e =>~ ~ ' +0 (' ~ll.r.~~ TYPE OF MEETING '~ 1..\- C\. -C1 t\ MEETING SCHEDULED FOR I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I AM ~ IN OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS. J () , rJ I 2. ~t'vi,u)-l,~,1 /1 )-{\mlnL~m1J () rr \.1. dJJ1JLf\OJdL~/ hiJlTUn, -1./11; CUlPa / "-I, h dkh 1, 1M I:iVl d ( G:li. ~ ~ ,.1;0-, '1.]1.) D .dn~ , 0 v - --) 5, d-~1) ~Jrr\ 01 LY>1 J\ OJu-1i~,Q~~~ ~ mo ~Jl ~ J{ -LfY t-~.).)nJ'l_ ~1~~ vII \ -. 'D lil. ~ ,f) 0\,' :OJ! J--l'''' V_,\ n n l1(Lrrrl_ I "i'-u J tj\) lIA/11011, C7\r1JYtL SIGNATURE AD. n. _1. A 1 (~'=WJ 'll51L '-" I HOME A"DDRESS . :i' , l.~V\ 3 \ 0 k. a... 1Ir... . ...'...' (' .... e e y ~ MEETING '7 ~ -z::L/ - ~ / ~/Z;'" / SCHEDULED '-1-7': / , ' J HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING AND I AM IN FAVOR OF OR I ~ t1J~~'i;ll;-/~ ,N OPPOSITION OF GRANTING THI~ REQUEST FOR THE F LLOWING R SONS. ?C~<t:/L;!/r;lC:_ /' ...,,--- ~/~/ >. // ',' ~.' /~ ~/ 1../ ~~-</~/c;/<,. /J J / / A-, ~;'(~ /[' / :7:/L / //Z' , .~/) /;;! /t --7/ ,/J{ t1'~ CZ'~ ' '2 ~ L (c /'" / "I , ~{ /~t0 stGNATURE ./ v/~~\ val 2f ~/ ad L/kz:4 ~~ /)C!/;m7Y(t//7U~j /;J~5/~k-/~ HOME ADDRESS - , ~I"t' . { J1." . , 1," , 'u~ l /"17. S . e REQUEST FOR CITY COUNCIL AGENDA ITEM ================================================================= Agenda Date Requested: April 9~ 1990 Requested by: Joel Albrecht X Report Dept: Community Develooment Resolution Ordinance Exhibits: 1) 2) 3) Special Conditional Use Permit ISCU90-002 Planning & Zoning Commission Transmittal letter Staff Report and Exhibits ================================================================= SUMMARY & RECOMMENDATION Summary: The La Porte Planning and Zoning Commission, at its March 22, 1990, Public Hearing and regular meeting, considered Special Conditional Use Permit Request ISCU90- 002. The purpose of this request, which has been submitted by International Cargo Network, is to allow the development of an Industrial Planned Unit Development. The proposed complex is to consist of offices, a refrigerated (frozen food) warehouse with truck and rail loading docks, a container staging area, and an employee's park. The complex is to occupy an approximately 32.5 acre tract which is located on the east side of North Broadway between Barbour's Cut Blvd. and the East Adams Street right-of-way. (A complete legal description is included in the attached Special Conditional Use Permit ISCU90-002). Recommendation: The Planning and Zoning Commission has, subject to the conditions noted on the attached Special Conditional Use Permit ISCU90-001, recommended approval of this request. Ootions: I. Approve Request A) As recommended by Planning and Zoning Commission B) With amended or additional conditions II. Table request for further consideration at a future date III. Deny request Action Required by Council: I. Hold Public Hearing to consider Special Conditional Use Permit Use Request 'SCU90-002 II. At close of Hearing, call vote to consider approval or denial of permit SCU90-001. ================================================================= Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: ___YES ___NO ================================================================= Aooroved for City Council Aqenda JZT~ Robert T. Herrera City Manager ~\~\'\O DATE ====================================================~============ . . THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 1501, the City of La Porte zoning Ordinance, notice is hereby given that the La Porte city Council will conduct a public hearing at 6:00 P.M. on the 9th day of April, 1990, in the Council Chambers of the city Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the Public Hearing is to hear a request from International Cargo Network, represented by Mr. Don R. Holloway, for a Special Conditional Use Permit to allow development of a Planned Unit Development (PUD) to consist of a refrigerated (frozen food) warehouse complex. This request is for the following: Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432, 433, 434,435; All of Block 980; Lots 1-16 of Blocks 415, 420, 438, Town of La Porte Tyler Street from the east right-of-way of North Broadway to the west line of the alley in Blocks 415 and 420; Madison Street from the east right-of-way of North Broadway to the west line of the alley in Blocks 420 and 433; Iowa Street from the north right-of-way of Adams Street to the south right-of-way of North "E" Street; Kansas Street from the north right-of-way of Adams Street to the south right-of-way of North "E" street; Utah Street from the north right-of-way of Madison Street to .the south right-of-way of North "E" street Current zoning of the property is as follows: Blocks 416, 417, 418, 419: PUD Blocks 415, 420: R-2, Mid-Density Residential Blocks 432, 433, 434, 435, 438, 980: Business Industrial A regular meeting will be held following the public hearing for the purpose of acting upon the public hearing item and conduct other matters pertaining to the city 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 Cherie Black city Secretary ,.~,~"p'W 'PI'W.",e, I'll'. " " ',I" '.' , . . CITY OF LA 'OR TE PHONE(7131471,5020 . P. O. Box 1 1 15 . LAPORTE,TEXAS77572-1115 March 27, 1990 Honorable Mayor Norman Malone and City Council City of La Porte RE: International Cargo Network Inc.: Permit Request SCU90-002 Special Conditional Use Dear Mayor Malone: The La Porte Planning and Zoning Commission, at its March 22, 1990, Public Hearing and regular meeting, considered Special Conditional Use Permit Request 'SCU90-002. The purpose of this request, which has been submitted by International Cargo Network, is to allow the development of an Industrial Planned Unit Development. The proposed complex is to consist of offices, a refrigerated (frozen food) warehouse with truck and rail loading docks, a container staging area, and an employee's park. The complex is to occupy an approximately 32.5 acre tract which is located on the east side of North Broadway between Barbour's Cut Blvd. and the East Adams Street right-of-way. (A complete legal description is included in the attached staff report). The Commission has recommended that the applicant's Special Conditional Use Permit, if approved, have the following conditions attached. Special Conditions 1) The Barbours Cut Driveway entrance be a minimum of thirty (30) feet wide. 2) The applicants shall dedicate a twenty (20) feet wide utility easement along the eastern boundary of North Broadway. This easement shall run north/south along the entire length of the I.C.N. tract. 3) A thirty (30) feet landscaped setback area shall be developed on the southern and eastern faces of the staging area. Landscaping shall be developed in accordance with a landscape plan which is to be approved by the Director of Community Development. e e Page -2- The Planning and Zoning Commission has, by unanimous vote and subject to the above listed conditions, recommended approval of Special Conditional Use Permit Request #SCU90-002. Respectfull~ J et Graves, Chairman PI nning and Zoning Commission JG/msl/cs cc: Planning and Zoning Commission Members e e CITY OF LA PORTE SPECIAL CONDITIONAL USE PERMIT Ordinance 11501 Permit No. SCU90-002 CLP Job No. N/A This permit issued to: Don R. Holloway Owner or Agent 600 Jefferson st. Suite 555 Houston~ Texas 77002 Address For Development of: International Cargo Network Inc. Development Name 502 North Broadway Address Leaal DescriQtion is attached as Exhibit A Legal Description Zoning: PUD; BI: R-2 PERMIT CONDITIONS Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Additional Conditions (See Exhibit B) Validation Date: Zoning Administrator City Secretary e e SPECIAL CONDITIONAL USE PERMIT SCU90-002 LEGAL DESCRIPTION: INTERNATIONAL CARGO NETWORK LOT AND BLOCK DESCRIPTION Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432, 433, 434, 435; All of Block 980; Lots 1-16 of Blocks 415, 420, 438, Town of La Porte; Tyler Street Broadway to the and 420; from the east right-of-way of North west line of the alley in Blocks 415 Madison Street from the east right-of-way of North Broadway to the west line of the alley in Blocks 420 and 433; Iowa Street from the north right-of-way of Adams Street to the south right-of-way of North "E" Street; Kansas Street from the north right-of-way of Adams Street to the south right-of-way of North "L" Street; Utah Street from the north right-of-way of Madison Street to the south right-of-way of North "E" Street; EXHIBIT A e - SPECIAL CONDITIONAL USE PERMIT SCU#90-002 LEGAL DESCRIPTION: INTERNATIONAL CARGO NETWORK MEETS AND BOUNDS DESCRIPTION Being 32.6970 acres out of the Johnson Hunter Survey, A-35, Harris County, Texas also being Lots 1 through 16 in Blocks 415, 420 and 438, Lots 1 through 32 of Blocks 416, 417, 418, 419, 432, 433, 434 and 435 according to the Map of La Porte, Texas recorded in Volume 83, page 345 of the Deed Records of Harris County, Texas; and all of Block 980 according to the Map of La Porte, Texas recorded in Volume 1, Page 27 of the Map Records of Harris County Texas said 32.6970 acres contains 9.0514 acres of road and alley rights-of-way that are to be abandoned by the City of La Porte and being more particularly described as followed: BEGINNING at a 5/8" iron rod set at the intersection of the east line of North Broadway (100' R.O.W.) and the north line of Adams Street (80' R.O.W.); THENCE NORTH along the 1340.00 feet to a 5/8" east line of Broadway Street (60' R.O.W.); east line of North Broadway a distance of iron rod set at the intersection of the Street and the south line of North "E" THENCE EAST along the south line of North "E" Street a distance of 672.00 feet to a 1" pinched iron pipe found at the intersection of the south line of North "E" Street and the east line of Kansas Avenue (80' R.O.W.); THENCE NORTH along the east 4460.00 feet to a 5/8" iron east line of Kansas Avenue BId. (80' R.O.W.); line of Kansas Avenue a distance of rod set at the intersection of the and the south line of Barbours Cut THENCE EAST along the south line of Barbours Cut Blvd. a distance of 125.00 feet to a 5/8" iron rod found at the intersection of the south line of Barbours Cut Blv. and the west line of a 16 foot wide alley right-of-way; THENCE SOUTH along the west line of said alley right-of-way a distance of 460.00 feet to a 58" iron rod set at the intersection of the west line of said alley right-os-way and the south line of North "E" Street (60' R.O.W.). EXHIBIT A e - INTERNATIONAL CARGO NETWORK MEETS AND BOUNDS DESCRIPTION PAGE -2- THENCE EAST along the south line of North "E" Street a distance of 747.00 feet to a 5/8" iron rod set at the intersection of the south line of North "E" Street and the west line of Ohio Avenue; THENCE SOUTH along the west line of Ohio Avenue a distance of 400.00 feet to a 5/8" iron rod set at the intersection of the west line of Ohio Avenue and the north line of Madison Street (80' R.O.W.); THENCE WEST along the 747.00 feet to a 1/2" north line of Madison alley right-of-way; north line of Madison Street a distance of iron pipe found at the intersection of the Street and the west line of a 16 foot wide THENCE SOUTH along the west line of said 16 foot wide alley right-of-way a distance of 940.00 feet to a 5/18" iron rod set at the intersection of the west line of said 16 foot wide alley right-of-way and the north line of Adams Street (80' R.O.W.); THENCE WEST along the north line of Adams Street a distance of 797.00 feet to the POINT OF BEGINNING and containing 32.6970 acres of land with 9.0514 acres of said 32.6970 acres being situated within existing road and alley rights-of-way. EXHIBIT A e e SPECIAL CONDITIONAL USE PERMIT SCU90-002 INTERNATIONAL CARGO NETWORK PERMIT CONDITIONS I . The Barbours Cut driveway entrance width shall be a minimum of thirty (30) feet. II. A utility easement, twenty (20) feet in width shall be dedicated to the City. The easement shall be located on the eastern edge of the North Broadway right-of-way and run from the property corner located at the intersection of North Broadway and the northern boundary of the East Adams Street right-of-way, north for a distance of 1,340 feet to the property corner located at North Broadway and the southern boundary of the North "E" Street right-of-way. An agreement dedicating this easement to the City of La Porte shall be executed prior to the issuance of any construction permits for this project. III. A landscaped setback area, at least thirty (30) feet in depth shall be developed along the southern and eastern faces of the container staging area. A landscape planting plan for this area shall be submitted for review by the Director of Community Development. No construction permits for the project shall be issued until such time as the Director has deemed the plan to be satisfactory and granted his approval. EXHIBIT B Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I e e SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-002 EXHIBIT INDEX Survey Map Zoning Map Excerpt General Plan Land Use Plan Excerpt Project Construction Schedule Thoroughfare Plan (4 page exhibit) North Broadway Improvements and Staging Area Landscape Buffer Property Restrictions Preliminary Drainage and Utilities Report ~ LJU . BAR80~.!!.!... ~~..BL VO --~~----~~-I-~---r-~ft=~~ - "' In'. .,/t i I X I~ 4~6 i z I~ , e - <8 ~ -- -.. e ""......... ..~~::;; -l 81 J ". -.." ..... .-....,.- --'l I 8 ---- ...., 01 H...... -1 I - I (r'0 ' '.. I I ~ 'l ;""l-"'FI ~ I __ i 98' I ~ I ~~ ,"' . I . a> I .~ . -I II I.':: " _ "" . --"V,," . 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"'. ... ............. ... . -- ... ....... ..._....... "..,. tvlI<rf' W..... _. .... .. .,....t'.. .. hUll _ ... ..._., "....1- . "It .... ._... ID . ._... -- --..- lEE --------- -- .. --------- -. _.. . ---- .------ -- ... .K__ ~ CAllTER l BURCESS,IHC, L:::L:::J ................... NIl........... ---_._-,--- .._,h ._.'_ ___....._._ LANO TITLE SURVEY 32,&910 AC, TOTAL tO~. At .. .0"01 .... I"U"'I JOHNSON HUNTER SU"VEV. A.3~ LA PORTE, TEXAS ........ _w ... I. !f ...- ... .-..... -. ", ;'2""'_""'" ~ ,"'~;<<'_,,;;;;:wf' LI B GC f' I R~2 ~ 1 >$ i'i I' :~::'i;,- :8':::::#::;;:-- .:;::,~. ."",:;,.;:::;-,~;._._;~::,;..-;~W:':.~ ,,,.;,.v._;_::_::':~'_:-;_ . .;~: "':"':<~;:;:<:..... ":i<';"";;::~ --;:;;::~;:r.,o'/}:':'~ "'.",*.....M"'. -:.;," ..:.:~.;:.~~ ",y' N;;;~~~r-); -. -"~:...m,,.., .; ....: . ;','C;':;.Q;t2,';::;';' ... ~.r<, .'. SCALE < I -1000 <y,d. ",: i!i'{~I!~'tlt.j ~:aj. . l.;".,~,,~ i~,."..~.q t;.~~ ~:'.('~~~~.i~~~~~~~~~~;~:;ti~.~i't~~~~1;~~ x:. ~4~i~ c.;r *.~ ...fi/ .~~ >"';',,,," ,;;,--r:.*. . ,/ 1''''..'\ \R-2 \ ,. . .~, ;",<::-,'0<:""( \ ~~~~!"~~,::,;1. EXHIBIT B -;- "'~ - .- 5a z aJ I cl-- I Q ~~ I~ ar-- I [~ ; Q ~ I ~ I I I I L_______J , \ I I I I I I "- -_.....", .., c: -i c: = ~ - ...... ,. - - - - - - - .1 ' I :;-U__\, : (r~ ,..~ I I I ,I r I I II I I II , I I" , I I II , , I I' I I I II , I '.. __~. 'b o:-b /J .- ------~.. , 1111: Ii' ... w I I a II Is l ! a .9 Il II a I III I III D I ~ III D . rJ I I . ~ INTERNATIONAl. CARGO N ORK tlQUII D1m1i./l'.0II '..cu'I Ift~ ~OA lIooUII CIIlUInf EXHfBlT C - - --- -...- -- l~iJl1Tlrrli H ttl H-I th I 11111111 IllTlTTITfIT 1++1++1#1+ 1 illiliiiii:;: ................ .. .=.....:~.. ............... . '0' ..... .... ..... .............. .0 .0. ...... ,0' ..... ............. "0 '0' ... ..... ............. ........ ...... ..... ............ 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'. ................. ..... -- + / / ST. ..: . f . " ,l~EGEND+ I :'t " .. '.__' ,__~__l ~ I l;'. ....., . PUBLIC USES LOW ,DENSITY RESIDENTIAL USES" -.;:.,.",,,/, ,. .~ '.. .~, ~. ... .' .'.- ...... - -- '. ' MJDTO, HIGH DENSITiY:RESIDENTIAL ,~;,.' ,o.~.; .2';.:.. ". ~"..~: "::;...~'::.:'.. .~.'.. :....~. .:~: ..>... &.' , . ~...i:....:.::qfIi;,~;i.J..jfJ.:....':~...,:;/:~;-:.,. . .. :'. COMMERCIAL. .',;US E SL:,0~~C:.<;:' . ":<.i~i,:.: . , ~.. ": ..";"~ .::i::::~,.;:i.:~~:?::):.;:.~,:.::.:,;~ ., . .t,~,'c:.';;f-i;:i~t0.::}'~"'y -. '~\":,~., COMMERCIAL'JtJD:0:ST:~IAL USE'S' .';~"; ; . .--:; ''"'~. ,f" '. '-';':".~; . ~', 'C': , ",-. , i................. ....J . . ," . . . .. .. . . .. . .. .. .. . .. . ..-~. . ...... . . . " . . . . . . . . .. .. .. . . .-":~'i'~;':.".. ..:.... .'.-.-. USES :'.!'~,' ',< ~-'-~ '..:.'.... ,~' ,~ '., ...,~, ~ \ INDUSTRIAL 'USES .L.J EXHIBIT D L--.L-I-t-__:--~]~-=---- I I I f----- : -+ - - ,. m ..- ~ --r- I V con. Ion !-r-andCJeOrln 5itework On SifOlJfilitle./ Structural Fromel Extenor Walls Intenor finishes fire Protection H=gElectrical I Pull Down ~_ Mo....e In Qundatlons oor- ncl~n UI men - -i-I-t -E I 1 ~ ; ':..,-f---+- -1-- j It.. '. : :1. ~Pem"ttr,;g Prepare Locol Buildi~Zonin Zonin~~and Permit Site Permit BuildinQ Permit -r-- r-r- -t- - - I- I 1 -+- -i--.~ r MARCH APRIL 5 12 1926f21911lif23130 I I . I I ---l ~f-- +-f-- i ~it .. A :..~~ -f-r--t- A III Con Ion Document. --Prepare SpeCifications Civil En ineerin Oesi n aun otlon rue UfO fome ueSI n Mec onlCO ec nco n Ineeno eSlgn Subcontract Blddlnq Review and Approval by Owner Open Book Presentollon icotion -:='- . -t-- , '=~ A =r= ~ II I'rogrammln Initiol project meetln T opoqraphlc Survey Subsurloce Soil InvestiQotaon Preliminorv Oesian/Sooce Plonnina Review and Approvol by Owner r---r- . . Pro Jocl Inltfotlon Proposal Presentation -1- - SEP OCT 1OTi7lm21291 5 I 1 ! - j - r... c ~.. .~ c: 0 +' ~ ~ E 0 - .~ 0 ) cu 0 &t L <>:: I- +' en '0 c en __ &t 01 C ~ '0' 0.. 0 ~ct~u Key . InVOlvement ... Decision/Event - 'Activity Duration nternation MAY 711412 Cargo Network 2814 JUN ifi8125 I 2 Pre - Date: mmary Schedule For 9 JUL i6T231301 6 Barbours Cut March 13, 1990 Aue 3l2ol27 3 Harris NOV 2fi9l26 County, Texas J DEC 0117124 - ----r ~ I:: CO - :c >< w .... ~. ."'" -1....; --- ,.' ,.,.,.,::.-::::~._._._._._._.,., .......... . .----: . ,,----- . - .. , ."-. , J'_~ ~~::".,.,. " , " " ". , "'-p..-'" ~~":r=~~~?~~~~: t...... .~ :':'~.., V .~ "-=--i, ~ -:,'. :\ t..- -'" . --l ~\ : I!\ J f\ ~, -' ~~lIl\1II""""I4;"""". ~j.1++HI ,IW~ ~!~ ,1 \~ ;! j i Ur ~ . ~ .: ~" ~ "'---{' ~-.' \ ~ : . \. ~''-i \L~"t~"l::::=llll~~~llHU~JIUilI~IlliflM\ 1\llmlWiiHHD~-'; L '!. : I: ! .'j ~ % ~ l'-'.:-L'\l ~ ======~===~-t~====='~ij \ = I ! ! ~ i!: = . ;! ': ~ "1' ': = 'j: ~ \ ~ . - 'I...... ~ . "'.."II....~ : '\ . ---------i-------l \ '\ "\ '\ i \ . ~ 'l_.-,-'-' :HENSIVE P'LAN ~kr ERN 0 N G. HEN R Y & ASS 0 C I ATE S NORTH SCALE IN FEET ", ~ '---------.-.-, I ;. I ~ '; I'! i - -. \ ..........~I. ............. l ......--.:-.---- - - ....., :=:-, ,...-:.:-;'';' ~.:.,== .,--"-=-,'~ ,;\,;"..__'4=-'-'-'-. ..-!-....... "', ......~~....=\ '\ . ".~ -\. .~.......{';':;..\..:.r...'..,................; . '-r ~J- ". :....,~_::.:../-"~:... \,~ '-:~ 1 II i )~.~ \::: i~ !...; _;;.",::~ : 6', : ..... ~ '" - .. '" . ..,~~~::::l~ . ,...-- i = ~.~ / j i \. \ ~'ti / \ ~... tt."'" ,e. ~ .---'-". / / -~ .'!l95 ':.:~::--..:.::-::~:.:=--=-=.::::::::. ~ " " " '..-' '- ". "',---,-- , " '':\ .~ , ,. " , .....' '-~':.>-, / _.' ~- ~'''-, ." .:: "', /- --_.- ',.:..-::3.:', '($ THOROUGHFARE PLAN ..... 1111111111111111 CONTROLLEO ACCESS HIGHWAY SEMI.CONTROLLED ACCESS HIGHWAY 1111111111111111 PRIMARY ARTERIAL .."".......... SECONDARY ARTERIAL LOCAL COLLECTOR _ EXH1B(f F EXHIBIT 1500 3000 I 7 e e CITY OF LA PORTE THOROUGHFARE PLAN The following information was excerpted from the City of La Porte Thoroughfare. This plan is a component of the City's Comprehensive Plan. The complete Thoroughfare Plan is contained in Volume I (pgs 1-12 through 1-29) of the Comprehensive Plan. The proposed Thoroughfare Plan is a principal component of the La Porte Master Plan, addressing the specific circulation needs and proposed land-use requirements. Principal objectives of the Thoroughfare Plan are to: o increase accessibility to the local street system system, and from La Porte by tying to the regional thoroughfare o maximize the street mobility within the community by separating system local traffic from through traffic, o link major activity anc employment centers in order to reduce local travel times, o discourage heavy truck traffic destined to Barbours Cut, industrial areas in the City's extraterritorial limits, and industrial areas within city limits from using local city thoroughfares, and o provide the necessary thoroughfare capacities to serve adequately future traffic growth. Planning principles that govern the Thoroughfare were adhered to during its development are: thoroughfares, local streets should ~e indirect discontinuous, discouraging through traffic. Plan and Unlike and Thoroughfares are generally classified by their capacity and function. Local Collectors These streets are four-lane undivided local roads in which two lanes are moving lanes and two lanes are designated for parking. Peak- hour traffic capacity for these roads is in the range of 400-600 vehicles per hour per lane. Intersections on these thoroughfares are generally signed only at 1/4-mile intervals. The primary function of these streets is to distribute local traffic within the neighborhood areas. EXHIBIT F ~~r!.'-;~ __ "'._ : ;:. . >..:.". .., ii~~~~;,~~,iEt~:~i;~;~r2z; : rl~~~<~~.;':!'~lr:;~~~;~} .:-'/ ". .: :c- . ~,--:.. _....:.:~ ~~-':. .... ".------..-- . . . ..e . ...", .., . --.. -p ---. - - --- -.-. "'-.---..- . ..............) '. -38- TABLE 5-1 LA PORTE STREET CLASSIFICATION SYSTEM CLASSIFICATION R.O.W. PAVEMENT WIDTH WIDTH (CURB TO CURB) ifg~1l_______1Eggtl~ MAJOR THOROUGHFARES TRAFFIC , LANES Controlled Access Highway (SH 146/225) 4-10 (Determined by TSDHPT) * Semi-Controlled Access nighway (Fairmont Pkwy) 4-8 (Determined by Harris County Commissioners Court) Primary Arterial 4-6 120 Dual 37'sections with 26' median OTHER THOROUGHFARES Secondary Arterial 4 100 Dual 25' sections Class 100/50 with 30' median Secondary Arterial 4 80 Dual 25' sections Class 80150 wi center turn lane COLLECTOR STREETS Class 70/40 2 Class 60/36 2 2 70 60 60 40' wi curb parking 36' wi ctr. turn lane Class 60/32 321 NEIGHBORHOOD STREETS AND ALLEYS Local Streets 2 Private Streets 2 50 28 28 28 Public and Private Alleys and Private Drives 2 20 20 * Texas State Department of Highways and Public Transportation EXHIBIT F . . - - - - - - - - - .. ~ 1M; -.r; -~ "-1 _J _J 1-16 - - - - - - - - - - - - - - - TABLE 2 - LA PORTE COMPREHENSIVE PLAN . THOROUGHFARE PLAN - THOROUGHFARE CAPACITY PARAMETERS Daily Totai Hourly Practical Daily Capacity Number Capacity Thoroughfare Typical Capacity (Vehicles (Vehicles per of Moving (Without Classification ROW (feet per Hour per Lane) Day per Lane) Lanes Expansion) Controlled Access Highway +300 1,700-1,800 13,000 8 104,000 e Semi-Controlled Access Highway 260 800-1,000 9,000-11,000 8 72,000-88,000 Primary Arterial 120 600-800 7,000-9,000 4 28,000-36,000 Secondary Arterial 100 <600 <7,000 4 <28,000 Local Collector 60 400-600 5.000-6.000 2 10.000-12.000 e il ;( , :J: - ~ =i ~ TurnerCollie(dBraden Inc. 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I I ,.u..._._....." ............_,\..-;. _"'ll'" ___1>OM ..., ...., -----' _'IO"~ ; .:~"., .::..~..A , . .=-=----, ,--- -~f-- -- -- ,--- .-,- ~ ---- --~- ---,," , , ---- --- ---~ -- - -. ..-- ---- -- r-'- -- - -- - --.-- -- - - -- --~- ~-- .......-~4- __;; ~--_ ;-.-~c-- = ~ ~: ~ -'- ---J ,-.-- ~ --' '-- -l- -"- 1 ~ ':~ ~ ~~;. --=----=== ~ ~ I; ----'--- ..; t=== ~ 1 ~ ! I 1---:- 2 I:;; , I! f---+-! l ~ =---,---1 I =i c- .: !~..... ------: r I ':": I : , I ' Ii I- -..- -j i ,,-- ~ 1 ~1--.1 I 1 1 , -1 I' I - I -L-----j :----+----j I !! I ,__-=+--_=: C-~, ,--+~' . ..,. '*'... t=:::==:..:...~ :::===--::-: =--==+=-~'-l."" :=.:=--.....:...-:-~= ~ =-~~ttf'~ I ! V ~~r ,,- ,... ____ ____:L~__ -=--_=-~L T ~-.~ I ~..., .." ,.....""'~lflIiJ Ll__~LL...J F-=-=--~~-=- --=------=::-'~~J . _ _ _ _~ _ -------t-. ""_".1110"_8 '11"""11 II ~"-1 ' . ->- - .-1_- , - . t -. - . -:II '\ : T I " , . r I ' ~ ' '" I ~. J J,' _'"U ...:=..-_ .-- J IliFf =; i li:..LlW I t ---,I ~---. , t ~! :J :-- ~ -.' - ?-:~____",."!:-_ ,u~ '--r_", ~~'=1J1 ~ -" i I~ '~,I . . 1 fl ,-_, J L...:--~----I -~ I ... --. -- -, ~ 1 t =: l '., ,~ PROf t =: : :.::. ::J .1 ~ -' S - - III~~',-- = "" ..::::::::. j ~- ~ 'I ., - i,','rrr'.' 'P-,--r- .>-1 II . ..U I. ~' :;:: w, . ~: ., '~~1~~ " , I , . . . J~ ,~ .1_ . !':::Jl Lo_.J -------.- I i ~ I I r I i \ , {-,..- 1 I \ ~.- ------------ ----.--- -'lr a ~ ~ ~ u I 'L__ SOUTH - I I 6.."--.--J '~-I I I 1 I J r I .---J ~ . ;" . ~ ........ " ;:J I I I L N'_ '._--j L ~ . w ~ (I f1 n 11___ ...!J n n C n n ~ (J . 0 0 o u o o __~ I SOUTH - '''000' .. i i ~- --~ IJ~' I 0 , . .' " __.-J M..... ,~.1Ill' -- ... _n_ t:-' t: m - :r: >< w e e It is the intention of International Cargo Network, L.P. to construct and operate a refrigerated warehouse and transportation terminal at 502 North Broadway, Laporte, Texas. (The purpose of the facility is to serve the Port of Houston with refrigerated storage and handling facilities as well as intermodal transportation services. The site is designed to promote security and efficient internal traffic flow. The majority of truck traffic will involve the movement of ocean containers. For this reason, ICN will construct the North/South road from Barbours Cut Boulevard into the site. This traffic can then be primarily focused to the North and East sections of the site and minimize that type of movement on and off North Broadway. Trucks can move to either side of the building entirely within the site. Commercial interstate trucks will primarily use the North Broadway entrance to the facility. This type of truck traffic will represent approximately 30% of the total truck traffic at the facility. Company policy will state, and signs will be posted discouraging truck traffic from proceeding South on Broadway beyond the ICN site. All points of ingress and egress will have controlled access gates. There will be 24 hour on site security along with all developed areas being fenced and lighted. Developed areas fronting on North Broadway will have landscaped buffers. The East side of the property will have a park area buffer. This park is for the use of ICN employees and the citizens of Laporte on an appointment basis. H9-30 EXHIBIT H e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 16, 1990 SUBJECT: Planning and Zoning Commission Joel H. AlbreCh~ector of Community Development International Cargo Network, Inc., Preliminary Drainage and Utility Report TO: FROM: I have reviewed the preliminary drainage and utility plan for the proposed I.C.N. Development and find them, as preliminary plans, to be satisfactory. Drainaae: The storm water drainage system capacity for this complex is based on a "three year rainfall event." The City finds this to be an adequate design parameter. The final drainage plan, which must be submitted for City approval must, include calculations which verify the design parameters. Additionally, the applicants will be required to obtain development permits from Harris County Flood Control. Acquisition of these permits will be a pre- requisite for approval of construction permits. Utilities: Regarding the issue of utilities, two areas must be considered. The first deals with existing utility lines which cross the I.C.N. tract. There is currently an eight (8) inch potable water line located in the portion of the Madison Street right-of-way to be closed and purchased by I.C.N. This line is to be re-routed, at I.C.N. 's expense. I.C.N. is proposing to grant a fifteen (15) foot wide easement to the City (See Exhibit C). The re-routed Madison Street water line will be located within this easement. Dedication of this easement and re-routing (as well as acceptance) of the water line will be pre-requisites for issuance of construction permits. There is also an overhead Houston Lighting and Power Company transmission line which extends onto this tract from the south along the Kansas Street right-of-way. This line will remain but be raised to accommodate rail spur traffic. An electric line which also enters the tract along Kansas and then turns west along Tyler, will be removed and re-routed along Adams Street (See Exhibit C). EXHIBIT I e e Page -2- The other aspect of the utility issue to be examined is the provlslon of utilities to the I.C.N. facility. Potable water will be provided from the eight (8) inch Madison street water line. The City has performed a flow test on this line. The test results indicate adequate water for both domestic and fire protection needs. Sanitary sewer service will be provided from North Broadway. As the I.C.N. facility is designed and intended solely for warehousing, sewer discharge should primarily consist of normal sanitary waste. Provision of adequate sewer service does not appear to pose a problem. A final issue regarding utilities relates to the City's plan to eliminate lift station number nine (9). This station will be eliminated once a new North Broadway line is in place. In order for the line to be placed, a twenty foot (20) utility easement will be required. This easement is to be located adjacent to the east boundary of the North Broadway right-of-way. In order to facilitate this project, I.C.N. will be required to provide a twenty (20) foot easement along the North Broadway face of their property. This will only entail five (5) additional feet to the fifteen (15) foot easement already proposed on the northern third of the site to twenty (20) feet continuing south to the Adams Street right-of-way (See Exhibit G). Secondly, the eight (8) inch water line will have to be relocated within the easement to allow room for the new sanitary line. Subject to the concerns mentioned above, the preliminary utility plan proposed for this project is satisfactory. EXHIBIT I --. ........ -- - - - ...- - - - - - - e e MEMORANDUM DATE: March 16, 1990 TO: Scott Brinks FROM: Gabe Bove SUBJECT: INTERNATIONAL CARGO NETWORK BARBOURS CUT PROJECT #5322 The following paragraphs describes the drainage design, per your request of March 15, 1990: The existing site drains from north to south along roadside ditches at Kansas Avenue and N. Broadway street to a major outfall ditch on the north side of Adams Street (east and west) . We propose to construct an on site stormwater collection system (based on a three year rainfall event) which will pipe water to two north-south drainage ditches. The major ditch will run approximately from the north property line south to the Adams Street outfall. This ditch will be in the old Kansas Avenue right of way (closed) and will drain approximately 2/3 of the site. A second ditch will be constructed by regrading the east ditch in N. Broadway Street. Culverts will be provided at all driveways and road intersections. Please call if we can be of further assistance. GMB/ew xc: City of LaPorte EXHIBIT I e CITY OF LA PORTE e RECEIVED APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ~,:J '000 Lu {~I)DE ENFORCEMENT ---------------------------------------------------------------------- OFFICE USE ONLY: Fee: $100.00 Application No.: ~~~~ Date Recelved: ~ t Receipt No.: (')7 Certified Plans Submitted: (Y) General Plan () Major Development Site Plan ( ) Minor Development Site Plan () Preliminary Plat ---------------------------------------------------------------------- Person Making Request: Interna~ionRl CRrgo ~f>t"w.Qrk, T P Hailing Address: 600 Jp.ffpn;on, Sl1irl" "i"i"i City/State: Houston. TX 7700? Phone: (713) 951-0055 BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: Tnt"l"rn::lri nT1::l1 r.~rBo 1TQtuork 502 N. Broadway, LaPorte, TX 77571 See attached ZONE: BI/PUD SIC USE CATEGORY: 4222 TYPE OF BUSINESS: 3/15/90 Date Refri ~prRrpc1 W::lrl"'hnl1c,;pg o"~e~ 1~ Agent ---------------------------------------------------------------------- OFFICE USE ONLY Date of City Council Meeting: ?/J-J.../q() i ' " I / ~ j , ,/) _ 1-" u.. t. -, I I .r- ' Recommendation:C!) or N Date of P & Z Public Hearing: Approved: Y or N Zone: r./ ,/ : i:: .- ',.... _. ;, -.---. This application is: Approved ( ) Permit 11 Denied ( ) CLP JOB 11 (If Assigned Yet) Conditions: Zoning Administrator Date CED/1-'87 e e SPECIAL CONDITIONAL USE PERMIT REQUEST #SCU90-002 Requested By: International Cargo Network represented by Mr. Don Holloway Inc. , Requested For: Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432, 433,434, 435; All of Block 980; Lots 1-16 of Blocks 415, 420, 438, Town of La Porte; Tyler Street from the east right-of-way of North Broadway to the west line of the alley in Blocks 415 and 420; Madison Street from the east right- of-way of North Broadway to the west line of the alley in Blocks 420 and 433; Iowa Street from the north right-of-way of Adams Street to the south right-of-way of North "E" Street; Kansas Street from the north right-of-way of Adams street to the south right-of-way of North "E" street; Utah Street from the north right-of-way of North "E" Street. (See Exhibit A). Zoning: Current zoning of the property is as follows: Blocks 416, 417, 418, 419: PUD, Planned unit Development Blocks 415, 420: Residential R-2, Mid-Density Blocks 432, 433, 434, 435, 438, 980: Business Industrial (See Exhibit B) Purpose of the Request: To allow development of a Planned Unit Development which is to consist of a Refrigerated (frozen food) warehouse complex (See Exhibit C). Backqround: As this is the first Planned Unit Development (PUD) to be proposed under Ordinance 1501, it will probably be useful to begin this report by referring to Zoning Ordinance Section 8-100. This section which summarizes the intent and purpose behind PUD development guidelines, states: e e Page -2- The purpose of this district is to provide for the grouping of land parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and acti vi ties through condi tional use provisions. It is further intended that Planned unit Developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses. Analvsis: As this is an Industrial PUD, it must first be established that the requirements of section 10-103.4 of the Zoning Ordinance have been satisfied. Paragraph "a" of this section states: The intent of this section of the Ordinance is to establish provisions for the granting of a conditional use permit to erect Planned unit Development -Commercial and Industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one (1) or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures in this Ordinance. As noted in the heading section of this report, the ICN complex is proposed for a multi-zoned tract. Approximately 16 acres (50%) of the Tract has a zoning designation of Business Industrial. Approximately 13 additional acres (40%) has been zoned as P.U.D. with an underlying land use designation of "Commercial Industrial" (See Exhibit D). The intended use of the facility is as a refrigerated warehouse complex. The SIC code designation for this activity is 4222 (public warehousing). This activity is listed as permitted in Business Industrial and all other industrial zones (Section 7-500, Table A, Ordinance 1501). This activity is therefore acceptable within the use zones for which it is proposed. The issue of use of the approximately ten per cent (10%) of the tract which is residentially zoned will be considered in a later section of this report. e e Page -3- Paragraph "b" of section 10-103.4 requires a mlnlmum project site of five (5) acres. This tract is comprised of approximately 32.5 acres. Paragraph "c" requires a mlnlmum of two hundred (200) feet of frontage on a public right-of-way. Approximately 1,340 feet of the eastern face of this project will front on North Broadway street. Paragraph "d" states: "No building shall be nearer than fifty (50) feet to a side or rear property line... [which] abuts an "R- 1", "R-2", "R-3" or M.H. use district. The project as indicated on Exhibit C, meets this requirement. Paragraph "e" deals with landscaping, screening and surfacing. It includes three subparagraphs: 1) Sub paragraph #1 states: "The entire site, other than that taken up by structures or landscaping, shall be surfaced with a material to control dust and drainage. A review of the applicant's General Plan indicates compliance with these requirements. 2) Sub paragraphs #2 and #3 will be considered in a later section of this report. It can however, be stated at this point that this project as presented on the applicants General Plan complies with the requirements of section 10-103.4. In applying for a Special Conditional Use Permit to allow construction of this PUD, the applicants, in accordance with the requirements of section 8-401 of the Zoning Ordinance, have submitted the following items for review by the Planning & Zoning Commission and City Council. I) General Plan (See Exhibit C) II) Construction Schedule (See Exhibit E) III) Documentation regarding Property Controls (See Exhibit F) The Planning & Zoning Commission and City Council reviews and evaluations of the proposed project are to be based on the above documents and are to be undertaken using Sections 8-402 of the zoning Ordinance as a guide. The section lists ten (10) specific review criteria. They are: e e Page -4- 1. Adequate property control is proposed to protect the individual owners; rights and property values, and the public responsibility for maintenance and upkeep. (Not applicable to this reauest). 2. The interior circulation plan plus access from and onto public right-of-ways does not create congestion or dangers and is adequate for the safety of the project residents and the general public. 3. A sufficient amount of useable open space is provided. (Not applicable to this reauest). 4. The arrangement of uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. 5. The preliminary drainage and utility system plans are adequate based on a report from the Director of community Development and the final drainage and utility plans shall be subject to his approval. 6. The development schedule insures a logical development of the site which will protect the public interest and conserve the land. 7. The development is in compliance with the requirements of the La Porte Development Ordinance. 8. Dwelling unit requirements are in general compliance with the applicable district provisions. (Not applicable to this request). 9. The provisions of section 10-200, procedures of this Ordinance satisfactorily met. Conditional Use are considered 10. The development is in conformance with the comprehensive plan. Due to the fact that this will be a single owner, single use development, item one is not applicable to this request. Item two deals with interior (traffic) circulation patterns and the impact [of the development] on the traffic flow patterns of surrounding rights-of-way. Interior circulation does not appear to pose a problem. The development will however, have considerable impact on surrounding traffic flow patterns. e e Page -5- ICN has provided the following estimate of daily volumes of truck traffic likely to be generated by the proposed facility: North Broadway Driveways Barbours Cut Driveways Long term: 30-40 trucks daily 60-80 trucks daily 75-85 trucks daily 150-170 trucks daily Near term: ICN's General Plan (Exhibit C) indicates four (4) driveways. The primary (truck) access connects to Barbours Cut Blvd. While the placement of this drive complies with Zoning Ordinance requirements, the driveway width, at twenty four (24) feet is too narrow. Widening this drive to at least thirty (30) feet will bring it into compliance with Zoning Ordinance requirements. (See Exhibit G). The city's thoroughfare plan (City of La Porte Comprehensive Plan Vol. I Exhibit F) classes Barbours Cut Blvd. as a Secondary Arterial. Barbours Cut is developed as a four (4) lane boulevard wi th a grassed center median. Based on information currently available, this road appears capable of accepting, without undue disruption of traffic flow, the additional traffic likely to be generated by the I.C.N. complex. The three (3) North Broadway drives, while secondary will still handle a significant amount of daily truck traffic as well as the majority of the daily automobile traffic. These drives, as proposed, will meet all applicable Zoning Ordinance requirements. The thoroughfare plan however, designates North Broadway as a "Local Collector" Street. A "Local Collector" is a street which is primarily intended "to distribute local traffic within neighborhood areas (See Exhibit F) . II North Broadway, in accordance with its intended purpose, is designed and constructed to primarily accommodate local automobile traffic. I.C.N. is currently working with Harris County, who has jurisdiction over this section of road, on upgrading a section of Broadway running from Barbours Cut Blvd. to the southern most I. C. N . driveway entrance (See Exhibit I). The improvements currently proposed consist of an upgrading of the road base and surface as well as the addition of a left turn lane at Barbours Cut. North Broadway is to remain a two lane road. The Broadway Barbours Cut intersection is to remain a four-way stop. Item three (usable open space) is primarily a consideration in residentially oriented PUD' s and is not applicable to this request. e e Page -6- Item four (4) deals with the privacy and property values of surrounding residential uses and should be considered one of the central issues of this review. section 10-103.4.e.3 states: Developments abutting an "R-l", "R-2" , "R-3" or MH district shall be screened and landscaped in compliance with required screening and landscaping for the specific use involved as required in sections 6 & 7, Table B. There are, as indicated by Exhibit B, three faces of this proj ect which ei ther abut or extend onto residentially zoned property. Although designated as a PUD, the proposed ICN facility is basically Business Industrial in nature. Further, a significant portion of the complex will lie within a Business Industrial Zone. The Business Industrial line of Section 7-600, Table B requires setbacks (when adjacent to residential districts) of fifty (50) feet to the front, forty (40) feet to the side, and thirty (30) feet to the rear. Footnote #2 to this table states: No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, wi th a planting plan required to be submitted and approved by the enforcement officer. The portion of the project which will extend into a residential (R-2) zone is to be occupied by an employee's park. This park is to be located on the eastern face of the facility, south of the staging area. The intended use as an employee recreational facility, which will also be available (by reservation) to the public, is allowable as a residential activity (see Exhibit H). Public parks are permitted in all residential zones, and recreational facilities are (by means of a density bonus) encouraged within residential developments (Zoning Ordinance section 5-800G). While the I.C.N. complex is not residential, their proposal to develop park facilities on the residential portion of their property is in keeping with the spirit and intent of the Zoning Ordinance. Due to the fact that the park is located on I.C.N. property and an integral part of the development, its other intended use, as the landscape buffer required by Footnote #2, is also acceptable. e e Page -7- The other portion of the facility which will require a landscape buffer, is the container staging area. The southern and eastern faces of this area both abut residentially zoned property (See Exhibit B). Given the overall project layout, it appears to be within the intent of the ordinance to consider both faces as part of the "rear" of the complex and therefore subject to a thirty (30) foot landscape setback (see Exhibi t G). The landscape planting plan which is to be approved by the Director of Community Development, will be a component of the Major Development site Plan which is to be submitted for Commission approval, contingent upon the granting of the requested Special Conditional Use Permit. Item five (5) deals with the preliminary drainage and utility components of the General Plan. The Director of Communi ty Development has reviewed these items and found the preliminary plans to be satisfactory. His findings are attached as an adenda to this report (See Exhibit I). Item six (6), which deals wi th site development, requires "logical development" which will "protect the public interest and conserve the land." While the applicant's General plan, as required by the zoning Ordinance , indicates the "phase two" portion of the proposed development. The main emphasis of this request is on the initial development phase (See Exhibit C). The applicant's development and construction schedule deals with this initial phase (See Exhibit E). The schedule, while "tight", appears to be realistic. It indicates that topographic surveys and soil investigations have been completed and that the civil design phase of the project is in progress. All information provided to staff thus far, indicates a carefully planned development schedule that adequately addresses ordinance concerns. Item seven (7) requires compliance with the requirements of the ci ty' s Development Ordinance. Based on the General Plan submitted by the applicants, this development as proposed complies with the requirements of La Porte Development Ordinance #1444. Item eight (8) deals with dwelling unit requirements and is not applicable to this request. Item nine (9) requires compliance with the Special Conditional Use procedures of zoning Ordinance section 10-200. This section establishes Special Conditional Use Permit application and review procedures as well as setting conditions which must be satisfied before a Conditional Use Permit may be approved. e e Page -8- To this date, the applicants have complied with all Special Conditional Use Permit application requirements. The review of this application is proceeding in accordance with zoning Ordinance requirements. The final portion of this section 10-202 sets the following criteria for application approval: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2. That the conditions placed on such use as specified in each district have been met by the application. 3. That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. These criteria will be further discussed in the conclusion section of this report. Item ten (10) requires conformity with the intent of the Comprehensive Plan. Staff, based on their review of information thus far submitted, finds only one area of direct deviation from the comprehensive plans' intent. This has to do with the routing of heavy truck traffic on North Broadway and the impact of this traffic on the adjacent commercial and residential districts. If a portion of North Broadway becomes a commonly used truck route, truck traffic, without careful control and monitoring, will tend to"spill over" onto East and West Main Streets and into neighboring residential districts. In an effort to prevent this problem from developing, the applicants have stated that the following steps will be taken: ICN will construct the North/South road from Barbours Cut Boulevard into the site. This traffic can then be primarily focused to the North and East sections of the site and minimize that type of movement on and off North Broadway. Trucks can move to either side of the building entirely within the site. Commercial interstate trucks will primarily use the North Broadway entrance to the facility. This type of truck traffic will represent approximately 30% of the total truck traffic at the facility. Company policy will state, and signs will be posted discouraging truck traffic from proceeding South on Broadway beyond the ICN site. All points of ingress and egress will have controlled access gates (See Exhibit H). e e Page -9- The Commission and in turn City council, must determine, first, whether or not the traffic control measures proposed by degree of deviation from Plan intent is a significant concern. Conclusion: This application meets ordinance pre-requisites and is therefore eligible to be considered for the requested Special Conditional Use Permit. As noted earlier in this report, Section 10-202 sets three conditions for approval of a Special Conditional Use Permit. Once again these conditions are: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate This is a determination which will be made by the Commission and City Council based on input from the appl icants, concerned ci tizens, staff and the intent of the Zoning Ordinance, Development Ordinance and Comprehensive Plan. 2. That the condi tions placed on such use as specified in each district have been met by the applicant. Should this request be approved, staff will be responsible for verifying the applicant's compliance with this requirement. 3. That the applicant has agreed to meet any addi tional condi tions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Should this request be approved, compliance with this condition will be verified during the Major Development Plan Review and Construction permitting processes. In terms of addi tion conditions, staff would suggest the following: 1) There shall be a thirty (30) foot landscape buffer, as indicated on Exhibi t G, wi th a planting plan to be approved by the Director of Community Development, shall be developed on the eastern and southern faces of the staging area. . . Page -10- options: I) Recommend City Council approval of the request as submitted by the applicants. II) Recommend City Council approval of the request with: A) Conditions suggested by staff B) Additional or amended conditions III) Recommend city Council denial of the request. IV) Table request for further consideration at a future date. . e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 9. 1990 Requested By: Robert T. Herrera Department: Administration Report Resolution x Ordinance Exhibits: Bid SUMMARY & RECOMMENDATION The attached Ordinance No. 1696 is recommended by staff for adoption. This document outlines the sale of approximately 6/10's of an acre of City owned property that fronts Little Cedar Bayou. The sole bidder is Berdon Lawrence who wishes to purchase the property to increase his homestead site. Mr. Lawrence has submitted a bid in the amount of $200,000.00. Staff believes this price is fair and equitable and should be accepted. Funds from the sale of this property will be utilized for the purchase of or renovation to the vacant La Porte bowling alley which was recently acquired by the City. The bowling alley will become a multi-purpose building which will house the City's Parks & Recreation Department and provide a better facility for the Senior citizen's program. Action Required by Council: Staff recommends approval of Ordinance No. 1696 Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO ADDroved for citv Council Aaenda (2T~ 4:~~\'tt> Robert T. Herrera DATE City Manager . e ORDINANCE NO. 1696 AN ORDINANCE ACCEPTING THE BID OF CHARLES BERDON LAWRENCE, FOR THE SALE AND CONVEYANCE OF A CERTAIN PARCEL OF REAL PROPERTY OWNED BY THE CITY OF LA PORTEi MAKING CERTAIN FINDINGS OF FACTi AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED FROM THE CITY OF LA PORTE TO CHARLES BERDON LAWRENCEi FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWi 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 has heretofore, on February 26, 1990, passed Ordinance No. 1678, reference to which is here made for all purposes, authorizing the sale of the property described therein by metes and bounds on Exhibit "A" attached thereto. Section 2. The City Council of the City of La Porte further finds, determines and declares that notice of such sale has been published in the Bayshore Sun, a newspaper of general circulation of the City of La Porte, Harris County, Texas, as required by law. The publisher's affidavit of such publication is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 3. The City Council of the City of La Porte finds, determines and declares that the bid of Charles Berdon Lawrence, dated March 19, 1990, attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes, was the only bid for said property. The City Council further finds, determines and declares that said bid is reasonable, and that it is in the best interest of the City of La Porte to accept said bid. Accordingly, the bid of Charles Berdon Lawrence is accepted, and the Mayor is authorized to execute and deliver to Charles Berdon Lawrence, under the terms and provisions of said bid, a Special Warranty Deed in form attached hereto as Exhibit "C", incorporated by reference herein, and made a part hereof for all purposes. Section 4. 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, Article 6252-17, Texas Revised e e ORDINANCE NO. 1696 PAGE 2 Civil Statutes Annotated; 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of April, 1990. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPROVED: . / ti:;ry U/~~ Knox W. Askins City Attorney e e La Porte, Texas 77571 (713) 471-1234 1200 Hwy. 146 Suite 180 P,O, Box 1414 re Sun County of Harris State of Texas Before me, the undersigned authority, on this date carne and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly new~paper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of March 07, 1990 tV7.J1-?-,J,.;!..'1~/~~. '-1 Sandra E. Bumgarner Office Manager Sworn and subscribed before me this A. D. 19 qG' . L day of ~/2-L_"f ~c~~~ (_~'<~y1-~~'~ )1" Notary Public Harris County, Texas EXHIBIT A e PUBLIC NOTICE NOTICE TO BIDDERS SEALED BIDS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AND MARKED .SEALED BID #S002" WILL BE RECEIVED AT THE CITY HALL, P ,0, BOX 1115, 604 WEST F AI R' ' MONT PARKWAY, LA PORTE.-TEXAS 77571, UNTIL 4:00 P,M., MARCH 21, 1990, FOR THE SALE BY THE CITY OF LA PORTE OF THAT CERTAIN TRII.CT OR PARCEL OF LAND, SITUATED ON THE SOUTH SIDE OF THE MOUTH OF LITTLE CEDAR BAYOU, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO-WIT: METES AND BOUNDS DESCRIPTION 0,6035 ACRE TRACT Being a proposed 0,6035 acre (26,288 sq. It.) tract comprising part of a 9.4925 acre tract designated "Tract 2" according to deed filed under Harris County Clerk's Film CO~ber 183-17-2544 at. seq" and bei g p t of Lots 22 and 23, W,B, Lowrance~divi on, Johnson Hunter Survey, A-35 La orte, Harris County, Texas; plat sai ubdivision recorded in Volume)1 " P e 596, .bl8t2i County Deed Records ho 6d35 a e tract is more particul, y ~gS2r bed by . etes and bounds as I 1I0ws: Commencing \u e Sout est corner or said 9.4925 acre tract and from which a 5/8 inch iron rod marking the Northwest corner 01 that certain Vista Baywood Apartment tract of land conveyed by Frank Bonner to George B, Rush and O'Mera Properties, Inc" on December 10, 1971 (Harris County Clerk's File No, D-480689) bears ,North 79 degrees ,55 minutes 34 seconds West (Call North 76 degrees 51 'minutes 37 sec~nd e West)-41,07 feet. I Thence, South 79 degrees 55 minutes 2'; seconds East (Call South 76 degrees '51 minutes 37 seconds East); coincident with the South boundary line of the said 9,4925 acre tract and the North boundary line of said Vista Baywood tract; a dis- tance of 774.06 feet to the Northeast cor- ner of said Vista Baywood tract, the North- west corner of a 0,9591 acre tract as surveyed by H.Carlos Smith, Engineers & Surveyors, Inc., on March 2 through 4, 1983; said corner being the Southwest corner of this 0,6035 acre tract and tho POINT OF BEGINNING. Thence', North 25 degrees 16 minutes 18 seconds East; passing at 110,00 feet a 5/8 inch iron rod set on line; passing at 145,00 feet a 5/8 inch iron rod set on line; for a total distance of 164,82 feet to a point for corner on the South shoreline of Little Cedar Bayou, Thence, in a Southeaste'rly direction; following the South shoreline of Little Cedar Bayou and coincident with the 1,0 feet contour line (based on 1978, U.S.G,S, datum). South 45 degrees 27 minutes 35 seconds East a distance of 7458 feet to a point for corner. South 58 degrees 54 minutes 32 seconds East a distance of 61.51 feet to a point for corner, South 60 degrees 20 minutes 43 seconds East a distance of 69,36 feet to a point for corner, South 38 degrees 05 minutes 16 seconds East a distance 01107,26 feet to a point for corner. Thence, North 79 degrees 55 minutes 34 seconds West (Call North 76 degrees 51 minutes 37 seconds West); coincident . with the North boundary line of said 0,9591 acre tract; passing at 12,64 feet the Southeast corner of that certain 0,0508 acre tract leased by Hollywood Marine from City of La Porte as recorded under H,C.C.F, No, J-900603; passing at 107,35 feet tho Southwest corner of said 0,0508 acre lease tract; lor a total dis- ~ tance of 307,37 feet to the POINT OF BEGINNING, BIDS MUST BE FOR ALL CASH, THE CITY WILL CONVEY THE PROPERTY BY SPECIAL WARRANTY DEED, A CASHIER'S CHECK FOR FIVE PER- CENT (5%) OF THE AMOUNT BID, MUST ACCOMPANY THE BID, THE BIDS WILL BE OPENED AND PUBLICLY READ fN THE COUNCIL CHAMBERS IMMEDIATELY AFTER THE CLOSING HOUR FOR THE BIDS ON SAID DATE. EACH PROPOSAL MUST BE SUB- MITTED IN DUPLICATE. FORMS FURN- ISHED BY THE CITY OF LA PORTE MAY BE OBTAINED FROM THE CITY SECRETARY, OF THE CITY OF LA PORTE, TEXAS, THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO ACCEPT ANY BID OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUN- CIL, IS MOST ADVANTAGEOUS TO THE CITY, CITY OF LA PORTE CHERIE BLAC~ CITY SECRETARY e e O. _ I,' La Porte; Texas 77571 (713) 471-1234 .. 1200 Hwy. 146 Suite 180 P.O. Box 1414 County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of March 14, 1990 L,~~~i t~'~2/~~~ Sandra E. Bumgarner Office Manager Sworn and subscribed before me A.D. 19 9tl . this ~ day of /7'1/....'.{) C ~.-A,'rt.C <:-Q lit, ....:JhL~4'--O Notary Public Harris County, Texas FRANCES M. WilLIAMS L. Nola~ Public ~ STATE Of TEXAS "'y Comm, up, March ;:6, J ~94 EXHIBIT A e e AND MARKED "SEALED BID 'S002" WILL BE RECEIVED AT THE CITY HALL, P,O. rox 1115,604 WEST FAIR. MONT PARKWAV: U. PORTE, TEXAS 77571, UNTIL 4:00 P.M" MARCH 21, 1990, FOR THE SALE BY THE CITY OF LA PORTE OF THAT CERTAIN TRACT OR,PARCEL OF LAND, SITUATED ON THE SOUTH SIDE OF THE MOUTH OF LITTLE CEDAR BAYOU, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO.WIT: METES AND BOUNDS DESCRIPTION 0.6035 ACRE TRACT PUBLIC NOTICE NOTICE TO BIDDERS SEALED BIDS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA . PORTE, HARRIS COUNTY, TEXAS, Being a proposed 0,6035 acre (26,288 sq. II.) Iracl comprising part 01 a 9.4925 acto tracl dosicnated -Trael 2- according 10 deed lilod under Harris Counly Clerk's Film Code Number 183.17.2544 el. seq" and being part of Lots 22 and 23, W,B, Lev/ranee Subdivision, Johnson Hunter Survey, A.35, La Porto, Harris County, To~~~ 01 said subdivision recorded in VollI"'o ,Page 596, Harris County Deed s, 0.6035 acra racl is moro rticu rly scribed b 10 es and bounds a 011 : ~ Com ncing the es cprner ols' .4925a trac nd icha 5/8 Inch iron r mark g the N thwesl corner 01 tha rtai Visla B ywood Apartmenl tra 01 I nd conveyed by ..Frank Bonner 0 George B. Rush and O'Mera Properties,lnc., on December 10, 1971 (Harris Counly Clerk's File No. D.480689) bears North 79 degrees 55 minutes 34 seconlls West (Call North 76 degrees 51 minules 37 sacond Wesl).41,07 fool. Thence, South 79 degrees 55 minules 24 seconds East (Call South 76 degrees 51 minutes 37 seconds East): coincidenl with the Soulh boundary line ollhe said 9.4925 acre tracl and the North boundary line 01 said Vista Baywood tracl: a dis. lance of 774.06 feel 10 the Northeast cor. ner 01 said Visla Baywood Iracl, the North. west corner 01 a 0.9591 acre Iracl as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc" on March 2 through 4, 1983: said corner being Ihe Southwest corner 01 this 0.6035 acre tracl and the POINT OF BEGINNING, Thence, North 25 degrees 16 minutes 18 seconds Easl: passing alll0.00 feet a . 5/8 inch iron rod sel on line: passin9 al 145.00 leet a 5/8 inch iron rod sel on line: lor a lolaldistanco0' 164.82 leelloa point for corner on Ihe Soulh shoreline ollinle Cedar Bayou. Thence, in a Southeaslerly direction: lollowing the South shoreline 01 linJe Cedar Bayou and coincident with the 1,0 leel contour line (based on 1978, U.S,G.S, dalum), . South 45 degrees 27 minules 35 seconds Easta dislanceol 74.58 leello a point lor corner. South 58 degroos 54 minules 32 seconds Easl a dislance 0161.5110e110 a polnl lor cornor, South 60 dogreos 20 minulos 43 seconds Easl a distancool 69.36 leello a point for corner. South 38 degroos 05 minutos 16 seconds Easta diSlanco of 107,26 1001 to a point for corner. Thence, North 79 dogroos 55 minules 34 seconds West (Call North 76 degrees 51 minules 37 seconqs West): coin~idenl with the North boundary line 01 said 0.9591 ecre Iracl: passing a112.64 loel the Southeast corner 01 that certain 0.0508 acro tract loosed by Hollywood Marine Irom City 01 La Porte as recorded undor H.C.C.F. No. J.900603: passing ot 107.351001 the Soulhwesl corner 01 said 0.0508 acre lease tract: lor a lolal dis. tance 01 307,37 feel 10 the POINT OF' BEGINNING, BIDS MUST BE FOR ALL CASH. THE CITY WILL CONVEY THE PROPERTY BY SPECIAL WARRANTY DEED. A CASHIER'S CHECK FOR FIVE PER- CENT (5%) OF THE AMOUNT BID, MUST ACCOMPANY THE BID, THE BIDS WILL BE OPENED AND PUBLICLY READ IN THE COUNCIL CHAMBERS IMMEDIATELY AFTER THE CLOSING I HOUR FOR THE BIDS ON SAID DATE, EACH PROPOSAL MUST BE SUB- MITTED IN DUPLICATE. FORMS FURN- ISHED BY THE CITY OF LA PORTE MAY BE OBTAINED FROM THE CITY SECRETARY, OF THE CITY OF LA PORTE, TEXAS. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO ACCEPT ANY BID OR PART THEREOF, WHICH IN THE OPINION OF TilE CITY COUN- Cil, IS MOST ADVANTAGEOUS TO THE CITY. CITY OF LA PORTE CHFnlF mACK e e BERDON LAWRENCE POBOX 1343 HOUSTON TEXAS 77251 March 19, 1990 City of LaPorte City Hall P. O. Box 1115 LaPorte, Texas 77571 RE: Sealed Bid No. S002 Gentlemen: This letter will constitute the bid by the undersigned, Charles Berdon Lawrence, to purchase from The City of LaPorte the property (the "Property") constituting 0.6035 acres (26,288 square feet) in Harris County, Texas, more particularly described on Exhibit "A" attached hereto. This letter is in response to your request for bids as set out in the Public Notices section of the Bayshore Sun on Wednesday, March 7, 1990. Subject to the following terms and conditions, the undersigned offers to purchase the Property for a total consideration of $200,000 in cash to be paid to the City concurrently with the delivery of the Deed and Title Policy hereinbelow described. The undersigned understands that the execution and delivery of the Deed and Title Policy and payment of the total consideration will occur on a date established by the City but not later than April 30, 1990. The obligation of the undersigned to pay the total consideration shall be subject to the City furnishing to the undersigned the following: 1. At the City's expense, a Special Warranty Deed in a form satisfactory to the City and the undersigned properly executed and delivered by the City conveyir.g the Property to the undersigned. 2. At the undersigned's expense. an Owner Policy of Title Insurance insuring the undersigned's good one) indefeasible title in and to the Property subject to no exceptions other than (a) the standard printed exceptions contained in the standard form of Owner Policy of Title Insurance. (b) the restrictive covenants of record under County Clerk's File Numbers L446665 and L466001, (c) zoning ordinances of the City of LaPorte, (d) an exception relating to lack of ingress or egress to the Property from a dedicated roadway. and (e) any right, EXHIB IT "B" e e City of LaPorte March 19, 1990 Page Two title, interest or claim (valid or invalid) of any character, had or asserted by the State of Texas or by any other government or governmental authority or by the public generally (1) in and to portions of the Property which may be within the bed, shore and banks of a perennial stream, or of a stream or lake navigable in fact or in law; or within the bed or shores of the beach adjacent thereto of a body of water affected by the ebb and flow of the tide; and (2) in and to the portions of the Property which may be between the water's edge and the line of vegetation on the upland or for any claim or right for ingress hereto or egress therefrom. 3. At the undersigned's expense, evidence that the Property is zoned R-1 for residential use. ~ As requested in the notice, enclosed is a cashier's check in the amount of $10,00 D (the "Deposit") constituting 5% of the bid amount. If the undersigned is the successful bidder and the purchase is consummated in accordance with the terms and conditions of this letter, the Deposit will be applied as a credit against the total consideration to be paid to the City as above set out; otherwise, the Deposit should be returned to the undersigned. If there are any questions regarding this bid or if it is necessary to make any clarifications, please contact the undersigned at 868-6400 immediately, Yours very truly, r\ r n .I--- \J(~L-\~L-. !--ci.,~ Charles Berdon Lawrence BL/lar Enclosure EXHIBIT "B" -0 I" ~ r9 cP e e SPEX:::IAL ~ WARRANTY DEED STATE OF TEXAS } County of Harris, 'lJRno(u !\1l 2ffiten 2filll Wlle~e Jre~ent~: THAT CITY OF LA PORTE, a municipal corporation acting herein by and through its duly authorized officers of Harris County, for and in consideration of the sum considerations to me in hand paid by Texas ,hereinafter called Grantor (whether one or more), of Ten and No/I 00 Dollars ($10.00) cash and other good and valuable CHARLES BEROOlLLAWRENCE ADDRESS OF GRANTEE: P.O. Box 1343, HoustoQ~Texas 77251 of Harris County, Texas ,hereinafter called Grantee (whether one or more). receipt of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said Grantee, the following described property, to-wit: together with all Umprovements located thereon, to-wit: Being a proposed 0.6035 acre (26,288 sq.ft.) tract comprising part of a 9.4925 acre tract designated "Tract 2" according to deed filed under Harris County Clerk's Film Code Number 83-17-2544 et. seq., and being a part of Lots 22 and 23, W.B. Lowrance Subdivision, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas; plat of said subdivision recorded in Volume 83, Page 596, Harris County Deed Records. The 0.6035 acre tract is more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. This conveyance is made subject to the restriction that no fence may be erected on the property of a greater height than eight (8) feet and no building may be built on the property of a greater height than a single story. The foregoing restrictive covenant shall be in full force and effect for a term commencing on the date hereof and ending twenty (20) years from the date hereof, on whic~ date the restrictive covenant shall expire and be of no further force or effect. The. restrictive covenant shall be a covenant running with the title to the subject property and be binding upon and enforceable against Grantee, and each purchaser, grantee, owner or lessee of the subject property. The restrictive covenant shall inure to the benefit of and be enforceable solely by the Grantor, and any successor municipal corporation. The restrictive covenant may be terminated prior to the expiration of its tenm only by an instrument in writing executed by the Grantor or its successor. Further, the restrictive covenant may be amended from time to time only by an instrument in writing by the Grantor, or its successor, and all of the then owners of the subject property, acting unanimously. "This is a Special Warranty Deed. Grantor warrants the title, by, through, or under Grantor, but not otherwise." TO HAVE AND TO IIOLD the above described premises, together with all and singular. the rights and appurtenances thereto in any wise belonging unto the said Grantee, his heirs and assigns forever. And Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend, all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever claiming or to claim the same or any part thereof. Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reser- vations. easements, and covenants, if any. applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. When this deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs and pronouns were changed to correspond. and when executed by or to a corporation the words "heirs, executors, and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns." Executed. this the_day of April ,19~, CITY OF IA PORI'E BY: NORMAN L. MALONE, Mayor ATI'EST: EXHIBIT "C" ('T WDTr. Dr 7\('T/' ('i h' C:nr~.--n f- -,""' , STATE OF TEXAS COUNTY OF HARRIS e } e Before me, the undersigned authority, on this day personally appeared known to me to he the person(s) whose name(s) subscribed to the foregoing instrument, and acknowledged to me that _ he - executed the same for the purposes and consideration therein expressed, Given under my hand and seal of office this day of ,A,D,19_. Notary Public in and for Harris County, Texas ST ATE OF TEXAS COUNTY OF HARRIS } Before me, the undersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) t " II subscribed to the foregoing instrument, and acknowledged to me that_ he_ execu,t~d the same for the purposes and consideration therein expressed, Given under my hand and seal of office this day of ,A.D. 19._, Notary Public in and for Harris Coun ty, Texas Q ~ ~ Q' ~ E-4 ~ -< ~ ~ -< ~ .1 , '~ , . ~ o I-< ~ ~. ~ co r N r ," ~ o ~ H , tJ o I-< Z IX: ;:> I-< W IX: )( u ~ n: . . 0 ~ C~n:LO -; <lI I ,... .-1 ,... (I) .. >- ::: Z <lI <lI )( ->-~lU ~lU..lI(1- (l)c:O . <toa..~ .~.... ==<tgcf X E <lI o ..-I Z <lI ~ U. ;: N o ,... THE STATE OF TEXAS t COUNTY OF HARRIS j Before me, the undersigned au thority, on this day personally appeared NORMAN L. MALONE MAYOR of CITY OF LA POID'E a corporation, known to me to be the person whose name is subscribed to the foregoing instrullIent, and ac- knowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation, Given under my hand and seal of office this the day of ,A,D.19~, Notary Public in and for Harris COllllly, Tcx:is e METES AND BOUNDS DESCRI4tON 0.6035 ACRE TRACT Being a proposed 0.6035 acre (26,288 sq.ft.) tract comprising part of a 9.4925 acre tract designated "Tract 2" according to deed filed under Harris County Clerk's Film Code Number 183-17-2544 et. seq.. and being part of Lots 22 and 23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35. La Porte, Harris County, Texas; plat of said subdivision recorded in Volume 83. Page 596, Harris County Deed Records. The 0.6035 acre tract is more particularly described by metes and bounds as follows: Commencing at the Southwest corner of said 9.4925 acre tract and from which a 5/8 inch iron rod marking the Northwest corner of that certain Vista Baywood Apartment tract of land conveyed by Frank Bonner to George B. Rush and O'Mera Properties, Inc., on December 10. 1971 (Harris County Clerk's File No. D-480689) bears North 79 degrees 55 minutes 34 seconds Wes~ (C~ll Nbrth 76 degrees 51 minutes 37 seconds West)-41.07 feet. Thence, South 79 degrees 55 minutes 34 seconds East (Call South 76 degrees 51 minutes 37 seconds East); coincident with the South boundary line of the said 9.4925 acre tract and the North boundary line of said Vista Baywood tract; a distance of 774.06 feet to the Northeast corner of said Vista Baywood tract, the Northwest corner of a 0.9591 acre tract as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc., on March 2 through 4, 1983; said corner being the Southwest corner of this 0.6035 acre tract and the POINT OF BEGINNING. Thence. North 25 degrees 16 minutes 18 seconds East; passing at 110.00 feet a 5/8 inch iron rod set on line; passing at 145.00 feet a 5/8 inch iron rod set on line; for a total distance of 164.82 feet to a point for corner on the South shoreline of Little Cedar Bayou. Thence, in a Southeasterly direction; following the South shoreline of Little Cedar Bayou and coincident with the 1.0 feet contour line (based on 1978, U.S.G.S. datum). South 45 degrees 27 minutes 35 seconds East a distance of 74.58 feet to a point for corner. South 58 degrees 54 minutes 32 seconds East a distance of 61.51 feet to a point for corner. South 60 degrees 20 minutes 43 seconds East a distance of 69.36 feet to a point for corner. South 38 degrees 05 minutes 16 seconds East a distance of 107.26 feet to a point for corner. Thence. North 79 degrees 55 minutes 34 seconds West (Call North 76 degrees 51 minutes 37 seconds West); coincident with the North boundary line of said 0.9591 acre tract; passing at 12.64 feet the Southeast corner of that certain 0.0508 acre tract leased by Berdon Lawrence from City of La Porte as recorded under H.C.C.F. No. J-900603; passing at 107.35 feet the Southwest corner of said 0.0508 acre lease tract; for a total distance of 307.37 feet to the POINT OF BEGINNING. PREPARED FROM OTHER SURVEYS AND NOT SURVEYED ON THE GROUND AT THIS TIME.. K2-AL KEVIN A. OLSON TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524 JOB NO: 2279-89 DATE: JANUARY 27. 1989 REVISION: FEBRUARY 3, 1989: REVISED W. B. LOWRANCE SUBDIVISION VOLUME NO. AND ADDED POINT OF COMMENCING. REVISION: MARCH 1, 1989: NEW WEST BOUNDARY LINE LOCATION REVISION; MARCH 19, 1990: CHANGED LEASE NAME FROM HOLLYWOOD MARINE TO BERDON LAWRENCE. EXHIBIT "A" M & B No. 3 . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 9. 1,990 Requested By: Charles E. Smith Department: Police X Report Resolution Ordinance Exhibits: Enclosed letter from Louis Rigby, Purchasing with additional information. SUMMARY & RECOMMENDATION Sealed bid #371, on the crime prevention City Hall March 26. Bids were mailed to eight responded. Les marks was low bidder in the amount recommend accepting this bid. van, was opened at dealers and three of $12003.29. We Action Required by Council: Approve recommendation to purchase crime prevention van from Les Marks. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing X Other (Motor Vehicle Funds) ~v..l~-e~~J ~ \ 1., I era Account Number: 009-502-508-851 Funds Available: -X YES NO ADDroved for City Council Aqenda J\l~~ Robert T. Herrera City Manager Li/41,u DATE e e LA PORTE POLICE DEPARTMENT INTEROFFICE MEMO TO: Bob Herrera, City Manager /1/1 Charles E. Smith, Chief of POliC~~ FROM: SUBJECT: Purchase of Crime Prevention Van DATE: April 4, 1990 Bob, The sealed bid #371, on the crime prevention van, was opened at city hall March 26, 1990. Bids were mailed to eight dealers and three responded. Les Marks was low bidder in the amount of $12003.29. We recommend accepting this bid. Charles .. REQUEST FO~TY COUNCIL AGENDA ITEM 4It Agenda Date Requested: April 9, 1990 Requested By: L. Rigby Department: Pllrr.},;::I I': i n g Resolution Ordinance Report Exhibits: Memo to City Manager Bid Tabulation SUMMARY & RECOMMENDATION Sealed bids for pick up trucks were opened and read on April 2, 1990. Trucks being bid were for the following departments: items I and II - Customer Service, item III - Equipment Services and Wastewater Collection, item IV - Golf Course. Low bids meeting specifications are as follows: Item I - Les Harks Chevrolet $12,280.15 Item Il- Les Marks Chevrolet - 10,851. 33 Item III Knapp Chevrolet 30,518.00 Item IV- Flower Motor 10,962.60 Total - $64,612.08 , Honies for items I, II, and III were budgeted in the motor pool replacement fund for fiscal year 1990. Item IV will be paid from the Golf Course 1986 General Obligation Bonds. Action Required by Council: Approve awarding bids to low bidder meeting specifications. Availability of Funds: Water/Wastewater General Revenue Sharing General Fund Capital Improvement X Other1986 G.O. Bonds Hotor Pool Replacement Account Number: v;::Ir; 0118 Funds Available: ~ YES NO Approved for City Council Agenda G~ Robert T. Herrera City Manager 4 \4 \ ~ 0 DATE e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM APRIL 3, 1990 TO: Robert T. Herrera, City SUBJECT: Sealed Bid #0368 - Pick Manager Manage~ Up Trucks FROM: Louis Rigby, Purchasing Advertised, sealed bids #0368 for pick up trucks were opened and read on April 2, 1990. Bid requests were mailed to eight dealers with three returning bids. Low bids, by section are as follows: I. II. III. IV. 1/2 Ton PU W/ Service Body 1/2 Ton Pick Up 1 Ton W/ Utility Service Body (2) 1/2 Ton Pick Up - Les Marks - Les Marks - Knapp Chev. - Flower Motor - - $12,280.15 10,851. 33 15,259.00 10,962.60 I will submit an agenda request form and take this item before Council on April 9, 1990. LR/gr Attachment: Bid Tabulation xc: Steve Gillett w/ attachment Alex Osmond, w/ attachment Jeff Litchfield, w/ attachment . SEALED BID 110368 LES MARKS FLOWERS KNAPP PICK UP TRUCKS CHEVROLET MOTOR CHEVROLET COMPANY I. 1/2 TON PU wi SERVICE BODY 12.280.15 12.351.71 12 787.00 II. 1/2 TON PICK UP 10.851.33 11.265.86 11. 331. 00 III. 1 TON W/ UTILITY SERVICE BODY 15,436.67 15,744.59 15,259.00 IV. 1/2 TON PICK UP 10,993.83 10,962.60 11,426.00 DELIVERY IN DAYS 90-120 90-120 90 . e . ".,... ."- \I ~.~ " ;\ CITY OF LA PORTE INTEROFFICE MEMORANDUM DATE: City Council & T. Herrera, City Manager TO: FROM: oerns, Assistant City Manager SUBJECT: Abbott Development Company Request for Utility Service Outside the City Limits At their March 26 meeting, Council agreed to discuss Abbott Development Company's request at a workshop setting to be followed by an item for Council action. It was my understanding that Council wanted Staff to develop the information necessary to discuss restitution as well as a contract for provision of temporary service. Since that meeting staff has been working with Deer Park to assemble necessary information. We are, however, not at a point that we can effectively discuss restitution and contract provisions. If discussed at Mondays meeting we would not have the appropriate information to act upon. I recommend that Council discuss this at either a Workshop on Monday, April 16 or the April, 23 meeting. . I have discussed this with Mr. Abbott, and although he wishes things were moving quicker, he has decided not to appear at the Monday, April 9 meeting since no recommended action can be taken.