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Home My WebLink About2002-06-10 Regular Meeting, Public Hearing, and Workshop Meeting e e e e MINUTES OF THE REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL JUNE 10,2002 1. Call to Order The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Chuck Engelken, Howard Ebow, Barry Beasley, Peter Griffiths, James Warren, Charlie Young, Mike Mosteit, Bruce Meismer and Norman Malone Members of Council Absent: None Members of City Executive Staff and City Emplovees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Attorney John Armstrong, City Secretary Martha Gillett, Assistant to City Manager Crystal Scott, Director of Public Works Steve Gillett, City Planner Gwen Goodwin, Director of Finance Cynthia Alexander, Police Chief Richard Reff, Assistant Director of Finance Michael Dolby, Director of Administrative Services Carol Buttler, Planning Coordinator Masood Malik, Police Officer Lt. Carl Crisp, and Director of Emergency Services Joe Sease. Others Present: Sib Carpenter, Alton Porter, Bernard Legrand, John Copeland, Fran Strong, Dottie Kaminski, Kristina Weaver, Anthony Meza, J.J. Meza, Mary Gay, Bill Scott, Margie Van Deventer, Donald McCartney, Glenn Lain, Charlie G. Perry, Brenda Jerrell, Fredrick Wooley, Robert A. Schlenk, Kim and Brooke Meismer, Louis Rigby, Calvin R. Collins, Nick Barrera, Michael Leppo, John Oliver, Sue Gail Mock Kooken, A. J. France, Roy Howard, Helen Gordon, Ann H. Holmes, Arthur W. Kelly, Betty Graham, Carolyn Andrews, Suzan Rector and a number of other citizens. 2. Reverend Mary Harris of Templo Mahanaim delivered the invocation. 3. Mayor Norman Malone led in the Pledge of Allegiance. 4. Council considered approving the Minutes of the Special Called Regular Meeting on June 4, 2002. Motion was made bv Councilperson Griffiths to approve the Minutes of the Special Called Regular Meeting on June 4.2002. Second by Councilperson Warren. The motion carried. Ayes: Engelken, Griffiths, Warren, Young, Mosteit, Meismer, Ebow, Beasley and Malone Nays: None Abstain: None 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS CITY COUNCIL Louis Rigby of 3115 Woodland Court, La Porte, Texas, encouraged Council to execute a resolution for fair campaign practices, per the Texas Ethics Commission. Secondly, Mr. Rigby encouraged the Audit Committee to review the current audit procedures. He would like credit cards frozen and other perks. Thirdly, Mr. Rigby feels it is illegal practice for the City to pay for Council's and Mayor's spouses, and/or to allow them to play in golf tournaments the City pays for. He would like to know the Council's travel policy. Mr. Rigby is also interested in the Attorney General's opinion regarding these issues. e - City Council Minutes 6-10-02 - Page 2 J. J. Meza of 10310 Winding Trail, La Porte, Texas, spoke in opposition of the convenience store / fueling facility. Anthony Meza of 10310 Winding Trail, La Porte, Texas, spoke in opposition of the convenience store / fueling facility. John Copeland of 10227 Carlow, La Porte, Texas, spoke in opposition ofthe convenience store / fueling facility. Mr. Copeland is also concerned with safety issues of the complex. Robert Schlenk of 602 S. 4th Street spoke in opposition of the convenience store / fueling facility. Mary Gay of214 N. 9th Street, La Porte, Texas, spoke in favor of the convenience store / fueling facility. Charlie Perry of 127 N. 4th Street, La Porte, Texas, spoke in favor of the convenience store / fueling facility. Fredrick Wooley of 302 N. 11th Street spoke in favor of the convenience store / fueling facility. John Oliver of Houston, Texas, spoke in favor of the convenience store / fueling facility. Guy Rankin spoke in favor ofthe convenience store / fueling facility, and provided Council with handouts. Bernard Legrand of 3115 Layne Court, La Porte, Texas, spoke in opposition of the Texas Import-Export Park. He also stated that the District 5 / Highway 146 Committee opposes the Import-Export Park. Bill Scott of 1802 Lomax School Road, La Porte, Texas, spoke in opposition of the Import-Export Park. Aki Momin of Clear Lake City opposes the Import-Export Park. Charles Underwood of 421 N. 6th Street, La Porte, Texas, spoke in opposition of the Import-Export Park. Margie Van Deventer of 4 Bay Harbor, La Porte, Texas, spoke in opposition of the Import-Export Park; she feels the City has expanded with too much industry. Paul Berner of3007 Carlisle Street, La Porte, Texas, spoke in opposition of the Import- Export Park. He also stated the Highway 146 Committee opposes the Import-Export Park. Nazar Momin of Barbours Cut Boulevard Project, spoke in opposition of the Import- Export Park. Paul Larsen of 406 N. 4th Street, La Porte, Texas, spoke in opposition ofthe Import-Export Park. She was speaking on behalf of others who live in the area. Fran Strong of2711 Crescent View, La Porte, Texas, spoke in opposition of the Import- Export Park. . - City Council Minutes 6-10-02 - Page 3 Alton Porter of 10442 Catlett Lane, La Porte, Texas, spoke in favor of the Import-Export Park. Wanda Glover was not present to speak, but she had signed-up to speak. 6. Open Public Hearing - Mayor opened the Public Hearing at 7:00 p.m. Review by Staff - Director of Planning Doug Kneupper presented summary and recommendation and answered questions regarding an ordinance authorizing a special conditional use permit - discuss special conditional use permit to construct Phase I - convenience store with automobile/truck fueling. Public Input Paul Larson of 406 N. 4th Street, La Porte, Texas, stated he had not received notification of this item and is opposed to this project. He is concerned with who will be policing special conditional use permit. Bill Scott of 1802 Lomax School Road, La Porte, Texas, is in opposition of the convenience store with automobile/truck fueling. He stated the project includes six diesel- fueling bays. J. W. Copeland of 10227 Carlow, La Porte, Texas, spoke in opposition of the convenience store / fueling facility. Art Kelley of 215 Hazel, La Porte, Texas, is concerned about erosion of zoning standards. He feels the City should be consistent and hold to their standards. Guy Rankin pointed out that people could be opposed and in favor of the project, most concerns seem to be the truck fueling. Henrietta Allen of 1718 Roscoe, La Porte, Texas, spoke in favor ofthe project. Betty Pfeiffer of 10823 Linwood, La Porte, Texas spoke in favor ofthe project. Don McCartney of Houston, Texas, spoke highly of his employer Mr. Narsi, the Developer of this project. The Planning and Zoning Staff recommended disapproval of Special Conditional Use Permit #SCU02-001, or overrule the Commission's recommendation and approve #SCU02-00 1. Mayor Malone closed the Public Hearing at 7:35 p.m. 7. Council considered disapproval or other action regarding an ordinance authorizing Special Conditional Use Permit #SCU02-001. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. . - City Council Minutes 6-10-02 - Page 4 Assistant City Attorney John Armstrong read: ORDINANCE 1501-VV - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.9 ACRES, BEING LOTS 1 THRU 32 OF BLOCK 329, INCLUDING ALLEY AND PROTION OF NORTH 2ND STREET RIGHT -OF-WAY, OUT OF JOHNSON HUNTER SURVEY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, WITH A SPECIAL CONDITIONAL USE PERMIT ATTACHED FOR THE DEVELOPMENT OF PHASE I OF THE CONVENIENCE STORE WITH AUTOMOBILE AND TRUCK FUELING; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson Warren to table item and bring back before Council in one month. Second by Councilperson Griffiths. The motion carried. Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Griffiths, Warren, Young and Malone Nays: None Abstain: None 8. Open Public Hearing - Mayor opened the Public Hearing at 7:40 p.m. Review by Staff - Director of Planning Doug Kneupper presented summary and recommendation and answered questions regarding an ordinance authorizing a special conditional use permit - discuss special conditional use permit to an industrial, commercial and retail development. Developer Haynsworth answered various questions from the Council regarding the development. Public Input Suzan Rector of330 Bayside, La Porte, Texas, is opposed to the Import/Export Park. Bernard Legrand of 3115 Layne Court, La Porte, Texas, is opposed to the Import/Export Park. Art Kelley of215 Hazel, La Porte, Texas, is opposed to the Import/Export Park. Fran Strong of2711 Crescent View, La Porte, Texas, is opposed to the Import/Export Park. Margie Van Deventer of 4 Bay Harbor, La Porte, Texas, is opposed to the Import/Export Park. She encouraged Council to table this item. Craig Leppo of 431 S. 3rd Street, La Porte, Texas, is opposed to the Import/Export Park. Alton Porter of 10442 Catlett, La Porte, Texas, is in favor of the Import/Export Park. . -- City Council Minutes 6-10-02 - Page 5 Recommendation of Staff - Recommends Council consider approval of General Plan, Development Agreement and Special Conditional Use Permit #SCU02-002. Council took a break from 8:58 p.m. unti19:12 p.m. There was no action taken. 9. Council considered approval or other action regarding an ordinance authorizing approval of a General Plan, Development Agreement and Special Conditional Use Permit SCU02- 002 for proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway, north of McCabe Road and between the existing Union Pacific Railroad tracks and State Highway 146 South, known as the Texas Import!Export Park. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. Mr. Kneupper asked for approval of a planning effort that lays in place guidelines to be followed; and as individual sites come in, those would come before the Planning and Zoning Commission and Council. Planning and Zoning Commission had their Public Hearing on May 16, 2002 and made a unanimous recommendation to approve this general development plan agreement for Texas Import!Export Park. Assistant City Attorney John Armstrong read: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81 LTD., LA PORTE 82, LTD., AND LA PORTE 115, LTD., STUART HA YNSWORTH, GENERAL PARTNER, FOR THE DEVELOPMENT OF AN APPROXIMATE 292-ACRE TRACT IN THE CITY OF LA PORTE, TO BE KNOWN AS THE TEXAS IMPORT-EXPORT PARK; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve this ordinance as presented by Mr. Kneupper. Second by Councilperson Engelken with condition of improvements made to use that $50,000 for the intersection at Wharton Weems. A second motion was made by Councilperson Young to table this item for more discussion. There was no second. Mayor instructed return to the original motion. Councilperson Meismer asked for condition of improvement to intersection of Wharton Weems to be completed within twelve months of Phase I completion. Mayor questioned Councilperson Engelken if this was an acceptable addition to his condition. Councilperson Engelken agreed with Councilperson Meismer's addition. The motion carried. Ayes: Griffiths, Ebow, Mosteit, Meismer, Engelken, Warren, Mayor Nays: Beasley and Young Abstain: None . -- City Council Minutes 6-10-02 - Page 6 10. Council considered approval or other action regarding an ordinance authorizing the City Manager to execute an Agreement for Professional Services with Halff Associates, Inc. for development of a Trail Implementation Plan, and authorizing $30,000 to fund said Agreement. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2559 - AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HALFF ASSOCIATES FOR DEVELOPMENT OF A PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN; APPROPRIATING $30,000.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve this ordinance as presented by Mr. Barr. Second by Councilperson Griffiths. The motion carried. Ayes: Griffiths, Ebow, Mosteit, Meismer, Engelken, Warren, Malone, Beasley and Young Nays: None Abstain: None 11. Council considered approval or other action regarding approval of an ordinance which implements procedures and deadlines regarding the appointment process for Boards, Committees and Commissions. Mayor Norman Malone and City Secretary Martha Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2002-2560 - AN ORDINANCE ADOPTING THE "CITY OF LA PORTE BOARDS, COMMITTEES AND COMMISSIONS SCHEDULE AND PROCEDURE FOR RECRUITMENT, APPOINTMENT AND NOTIFICATION PROCESS"; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Beasley to approve this ordinance as presented by Mayor Malone and Mrs. Gillett. Second by Councilperson Griffiths. The motion carried. Ayes: Griffiths, Ebow, Mosteit, Meismer, Engelken, Warren, Malone, Beasley and Young Nays: None Abstain: None 12. Council considered approval or other action regarding approval of an agreement with Harris County to construct Bay Area Boulevard. City Manager Robert Herrera presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Warren to approve this agreement as presented by Mr. Herrera. Second by Councilperson Meismer. The motion carried. . - City Council Minutes 6-10-02 - Page 7 Ayes: Griffiths, Ebow, Mosteit, Meismer, Engelken, Warren, Malone, Beasley and Young Nays: None Abstain: None 13. Workshop was called to order by Mayor Norman Malone at 9:28 p.m. City Planner Gwen Goodwin presented the Planning and Zoning Commission's proposed changes for mid to high-density residential development. City Manager Robert Herrera, Director of Planning Doug Kneupper and City Secretary Martha Gillett discussed redistricting. 14. Closed Workshop and reconvened Regular Meeting at 9:55 p.m. 15. Administrative Reports City Manager Robert Herrera reminded Council of the Chamber of Commerce Annual Hamburger Cookout on Thursday, June 13,2002 and the New Council Orientation on Wednesday, June 19,2002. 16. Council Comments Councilpersons Mosteit, Engelken, Ebow, Griffiths, Beasley, Warren, Young, and Meismer brought items to Council's attention. 17. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) Council retired into Executive Session at 10:20 p.m. Council reconvened the Council Meeting at 10:22 p.m. 18. There was no action taken during Executive Session. 19. Adjournment There being no further business to come before Council, the Regular Meeting, Public Hearing and Workshop Meeting was duly adjourned at 10:23 p.m. Respectfully submitted, Martha Gillett City Secretary P~d approved on ~e 24111 day of June 2002. Ai~!lio~ ~. e e REQ.T FOR CITY COUNCIL AGWDA ITEM Agenda Date Requested: June 10, 2002 Appropriation Requested By: Doue: Kneupper Fff ~ Department: Plannine: Source of Funds: N/A Account Number: N/A N/A Report: _Resolution: _ Ordinance:~ Amount Budgeted: Exhibits: Amount Requested: N/A Ordinance Staff Report Vicinity map Site Plan Budgeted Item: YES NO SUMMARY & RECOMMENDATION Mr. Ameen Narsi wants to build a convenience store with automobile and truck fueling on 2.9 acres out of his 5.8 acre tract located along BaIbour's Cut Blvd. The property is zoned Business Industrial (BI). According to Section 106 -521, use is considered conditional and requires a Special Conditional Use Permit (SCUP). This permit nmst be reviewed by the Planning and Zoning Commission and approved by City Council before a definitive site plan can be submitted for review and approval. On March 21,2002, Mr. Narsi submitted an application for a Special Conditional Use Permit (SCUP). While reviewing the SCUP request, staff considered compatibility of uses, public utilities, and infrastructure. The proposed use is compatible with the existing industrial uses. Developing this tract should not adversely impact the surrounding area. While residential areas are one block south of the development, future plans indicate that North "E" Street could become a natma1 buffer between the industrial uses and the residential uses. Water and sanitary sewer are available to the site. A detention pond is proposed to manage storm water within the development. The applicant will improve North 3rd Street using paving standards that meet (J' exceed street design to accommodate trucks. Furthermore, North fI Street will only be improved to the end of the driveway (approximately 270'). Twenty-two (22) notices of public hearing were mailed to neighboring property owners. One favorable response was received. At the May 16,2002 meeting, the Planning and Zoning Commission held a public hearing regarding the Special Conditional Use Permit (SCUP) request. By a 5-0 vote, the Commission forwards a recommendation to disapprove #SCU02-OOl. City Council may affmn the Commission's recommendation to disapprove the SCUP. City Council, by an affrrmative vote of at least three-fourths (7) of the members, may overrule the Commission's recommendation and approve the SCUP with the following conditions: 1. The facility shall only operate during daytime hours (6 a.m to 8 p.m.). 2. The facility shall be operated and maintained properly. 3. No overnight facilities are allowed on the premises. 4. North 3rd Street will be improved south of the existing paving for approximately 270' . 5. At least 15% landscaping and screening nmst be provided along f, 3rd, and North "E' streets as a buffer between the neighbOlbood and the proposed facility. This must be compatible with current landscaping scheme along Barbour's Cut Blvd. 6. No permanent structures are allowed in the City's 60' drainage easement 7. For this phase of development, ingress and egress are limited to 2 points along BaIbour's Cut Blvd. The second driveway provides shared access between Blocks 328 & 329. 8. Applicant nmst submit to the City written approval from Harris County for median break(s) along Barbours Cut Blvd. 9. Driveway turning radii shall be increased to accommodate trucks. 10. Automobile and truck traffic IlUlst be separated. Signs are placed at each driveway denoting "auto" or "truck" entrance/exit. 11. Street improvement IlUlst adhere to Harris County Engineering Department's design standards for commerciaMndustrial roadways. 12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. If approved, the next step for the applicant would be to submit a Minor Development Site Plan. Action Required by Council: I. Conduct public hearing. 2. Consider disapproval of Special Conditional Use Permit #SCU02-001, or overrule the Commission's recommendation and approve #SCU02-001. Approved for City Council A2enda Q-r r\-~ Robert T. Herrera, City Manager ~-lo-O d- Date e e Staff Report May 16, 2002 Convenience Store with Automobile and Truck Fueling Special Conditional Use Permit # SCU 02-001 Request: Requested By: Requested For: Present Zonin2: Requested Use: Back2round: Special Conditional Use Permit Request #SCU 02-001 Mr. Ameen Narsi Phase I is a 2.9-acre tract of land out of 5.8 acres described as lots 1 thru 32 of Block 329, including alley and portion of North 2nd Street right-of-way (closed and abandoned per Ordinance No. 02-2534), out of Johnson Hunter Survey, Town of La Porte, Harris County, Texas. (The remaining acres are not being developed at this time.) The property is located in the 300 Block of West Barbour's Cut Boulevard. Business Industrial (BI) - building setbacks: Front 50' - Rear 40' - Side 30' The applicant is seeking a Special Conditional Use Permit (SCUP) to construct Phase I: a convenience store with automobile/truck fueling. The applicant owns 5.8 acres located along Barbour's Cut Bouleyard between North 1st Street (Block 328) and unimproved 3rd Street (Block 329). (See Exhibit B - Vicinity Map.) The alleys and a portion of North 2nd Street right-of-ways were closed per Ordinance #SAC 00-03 on January 14,2002. The City retained a 60' drainage easement within North 2nd Street right-of- way to maintain the existing drainage system. In addition, the applicant agreed to relocate the actiye 8" sanitary sewer line in the alley of Block 328 to a dedicated easement located on the east line of the property. The applicant submitted the following items to City staff: a) construction drawings for the relocation of sanitary sewer; and b) a re -plat of the property consolidating Blocks 328 and 329 into one contiguous tract. Staff reviewed and approved both items. In February 2002, the applicant submitted a site plan to construct Phase I: a conyenience store with automobile and truck fueling. (See Exhibit C - Site Plan. Note: this is an early representation of a site plan. However, if there are major site plan issues, the Commission may express these concerns at this time. Once the minor development site plan is submitted, that meets the City's requirements, Stqff will approve the plan as provided by the City's Development ordinance.) Staff informed the applicant that this proposed use was not listed in the regulations for industrial districts. According to Section 106-521, all "unlisted" uses are considered conditional uses and require approyal of SCUP from the Planning and Zoning Commission and City Council before a definitive site plan can be submitted for review and approval. SCU02-00 1 Page 20f3 e e Analysis: Barbour's Cut Boulevard is the main truck route to and from the Barbour's Cut Terminal facility. As a result, numerous trucking services related businesses are located along this corridor. There is a small residential neighborhood one block to the south of the site and three houses along North 1st Street that are within a General Commercial zone. A Resolution #01-12 promotes North "E" Street from g1h Street to 1st Street as a buffer between commercial actiyities along Barbour's Cut Boulevard and residential areas. Currently, portions of N "E' Street have been cleared, but most of the neighborhood will be screened from the site by North "E" Street. (See ExhibitD - Resolution #01-12.) The applicant is seeking the SCUP under Section 106-217 of the Code of Ordinances, which establishes the following review criteria and conditions for approval: . That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate yicinity. . That the conditions placed on such use, as specified in each district, haye been met by the applicant. . That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. Staff noted that the proposed use is compatible with the industrial uses in the area. Developing this tract should not have any adverse impacts on the surrounding area. Because water and sanitary sewer are both available to the site, only a nominal impact will be placed on these public services. Drainage issues are handled through storm water detention within the project. The applicant understands that no permanent structures can be built in the 60' drainage easement. To proyide better access, the applicant will improve North 3 rd Street, in accordance with Section 5.01 of the City's Development Ordinance, to ensure that paying meets or exceeds street design standards that accommodate trucks. Furthermore, North 3rd Street will only be improved to the end of the driveway (approximately 270'). In the future, North "E" Street will become a buffer from the industrial uses and the residential community. Summary! Recommendations: Based on items discussed in this report, staff recommends approval of the SCUP with the following conditions yoluntarily developed by the applicant and additional conditions deyeloped by staff: Applicant's conditions . The facility shall only operate during the hours of 6 a.m. to g p.m. . The facility shall be operated and maintained properly. SCU02-001 Page 30f3 e e . No overnight facilities are allowed on the premises. . North 3rd Street will be improyed south of the existing paying for approximately 270'. Staff's conditions . At least 15% landscaping and screening must be provided along 1 st, 3rd, and North "E" streets as a buffer between the neighborhood and the proposed facility. This must be compatible with the City's landscaping Ordinance and beautification plan along Barbour's Cut Blvd. . No permanent structures are allowed in the City's 60' drainage easement. . For this phase of deyelopment, ingress and egress are limited to 2 points along Barbour's Cut Blyd. The second driyeway provides shared access between Blocks 328 & 329. . Applicant must submit to the City written approyal from Hanis County for median break( s) along Barbour's Cut Blyd. . Driveway turning radii shall be increased to accommodate trucks. . Automobile and truck traffic must be separated. Signs are placed at each driveway denoting "auto" or "truck" entrance/exit. . Street improvement must adhere to the Harris County Engineering Department's design standards for commercial/industrial roadways. Options ayailable to the Commission are: 1. Approye the SCUP as submitted by the applicant 2. Approve the SCUP with specific conditions either recommended by staff or by the Commission 3. Disapprove the SCUP as submitted A recommendation from the Commission on this SCUP will be forwarded to City Council for final consideration. If the SCUP is approyed by the City Council, the applicant must submit a site plan noting the SCUP number. Construction must begin or a time extension must be filed within one year after the issuance or the permit shall become void. (See Exhibit E - Draft SCU#02-00 1.) Pursuant to Section 106-171 of the Ordinances, twenty-two (22) notices of public hearing were sent to the owners of the adjacent properties. One response returned in fayor (copy attached). e e TA5Lf D ORNINANCE NO. 1501- V V (p . 10 .0 'L AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.9 ACRES, BEING LOTS 1 THRU 32 OF BLOCK 329, INCLUDING ALLEY AND PORTION OF NORTH 2ND STREET RIGHT-OF-WAY, OUT OF JOHNSON HUNTER SURVEY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, WITH A SPECIAL CONDITIONAL USE PERMIT ATTACHED FOR THE DEVELOPMENT OF PHASE I OF THE CONVENIENCE STORE WITH AUTOMOBILE AND TRUCK FUELING; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 16th day of May, 2002, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of lend. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Immediately following such public hearing on May 16, 2002, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated May 21, 2002, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501- Page 2 e e "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 10th day of June, 2002, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. By an affirmative vote of at least three - fourths (3/4) of the City Council of the City of La Porte, the City Council hereby rejects the recommendation of the City of La Porte Planning and Zoning Commission to deny the requested zoning classification changes, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte; changed to BI, with a "Special Conditional Use Permif for development of Phase I of the Convenience Store with auto and truck fueling to be located at 301 W. Barbour's Cut Boulevard, La Porte, Texas. The conditions of said Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit are as follows, to-wit: 2.9 acres, being described as lots 1 thru 32 of block 329 including alley and portion of North 2nd Street right-of-way, out of Johnson Hunter Survey, Town of La Porte, Harris County, Texas. ORDINANCE NO. 1501- Page 3 e e "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council official finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 10th day of June, 2002. CITY OF LA PORTE By: NORMAN MALONE, Mayor ATTEST: By: MARTHA GILLETTd' City s/ecretary APPROYE~ A' / ..-,. ----- By: ~tJ r~) I-o--~ JOHN D. ARMSTRONG, ASSist~~ City Attorney e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING Special Note: Public notice on this item was previously advertised for the Planning and Zoning Commission's April 18, 2002 meeting. However, the April 18th meeting was cancelled Therefore, this item is being re-advertised In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th day of May, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Permit Request #SCU 02-001, which has been requested for approximately 2.9 acres of land (phase I) being all of block 329 including alley and portion of North 2nd Street ROW, out of the Johnson Hunter SUlVey, Town of La Porte, Harris County, Texas. The property is located at 301 W. Barbours Cut Bouleyard. The request, submitted by Mr. Ameen Narsi is seeking approval to develop conyenience store along with truck fueling at the subject property. Per Section 106-441 of the Code of Ordinances, a Special Conditional Use Permit is required for truck fueling at this location. A meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to t he Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations ayailable. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 orTDD Line (281) 471-5030 for further information. I:XHIBIT 4t\ THE~FTEXAS COUNTY OF HARRIS CITY OF LA PORTE e e ~i! B 281-471-1234 Fax: 281-471-5763 :th Street xas 77571 NOTICE OF PUBLIC HEARING Special .Note: Public notice on this item was previously adverti~ for the Planning ~ and Zonmg Commisslon's April 18, 2002 meeting. However, the April 18th meeting was cancelled. Therefore, this item is be- Ing re-advertised. I re Sun 'Serving The Bayshore Area Since 1947' I Ni~thr lion 6-1 o~the Code of n s the City , of La P e, d e provl- : sion of th Texas Local ' Government. e. notice . is hereby given that the La Porte Planning and Zoning ~ Commission will conduct a ; 'Idersigned authority, on this date public hearing at 6:00 PM' on .lhe 16th day of .y; 9 ed Karolyn Kellogg, a duly authorized 2002, In the Council I rh B h S . kl Chamber of the City Hal' e ays ore un, a semi-wee y 604 West Fainnont P~~ i led and generally distributed in the way, La Porte. Texas The. f . C li d h purpose of this hearl~ Is : arns OUf1ty, exas an w 0 :tIonaJconsIdUer a Special Con- ! lOrn, swears the attached notice was sa Pennlt Rs-' /. / quest#SCU 02-001, whIctdity\ayshore Sun dated 05, CJ I, 0;;" has been requested for ila- approximately 2.9 acres of lITI- land (phase I) being all of dve block 329 including alley ngs and portion of North 2nd )IJrS , ~,:!.~.ow.:.. outM~ JC?h!bing. Please contact City Seera- tary's office at (281 )-471- 5020 or TOO (281)471- 5030 for furtherlnfonna- lion. -' cIfr/L<~~ 1 '"Y= Karolyn Kellogg Authorized Representative Sworn and subscribed before me this c2 g"T H day of ,?J'lj ~--L~}. ~O-'-~'-- I Sandra E. Bumgarner Notary Public Harris County, Texas , 2001. ') EXHIBIT B e e City of La Porte Established 1892 May 21, 2002 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: During the regular meeting on May 16, 2002, the La Porte Planning and Zoning Commission, held a public hearing to consider Special Conditional Use Permit #SCU02- 001. The applicant, Ameen Narsi seeks approval to build a convenience store with automobile and truck fueling on 2.9 acres, being lots 1 thru 32 of Block 329, Town of La Porte, Harris County, Texas. The proposed use will be developed in a Business Industrial (BI) zoning district. Of the six Commission Members present, five yoted to deny #SCU02-00 1 (the Chairperson did not yote). The Planning and Zoning Commission recommends disapproval of Special Conditional Use Permit #SCU02-001. This item will be placed on the Council's June 10, 2002 agenda for: consideration. Respectfully submitted, ~cU~ Planning and Zoning Commission, Chairperson c: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission Doug Kneupper, Director of Planning Ameen Narsi 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~H18lT C e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the proyisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of June, 2002, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Pennit Request #SCU 02-001, which has been requested for approximately 2.9 acres of land (phase I) being all of block 329 including alley and portion of North 2nd Street ROW, out of the Johnson Hunter SUlVey, Town of La Porte, Harr is County, Texas. The property in is located at 301 W. Barbours Cut Boulevard. The request, submitted by Mr. Ameen Narsi is seeking approyal to deyelop convenience store along with truck fueling at the subject property. Per Section 106-441 of the Code of Ordinances, a Special Conditional Use Permit is required for truck fueling at this location. A meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations ayailable. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 orTDD Line (281) 471-5030 forfurtherinfonnation. EXHIBIT D -"" THE STATE OF TEXAS e e ~f! B 281-471-1234 Fax: 281-471.5763 " COUNTY OF HARRIS CITY OF LA PORTE ,\ 8th Street fexas 77571 In accordance 'e with the. provisions of Sec- tion 106-171 of the Code of Ordinances of the City of La Porte, and the provi- sions of the Texas Local Government Code, notice Is hereby given that the La Porte CitY Council will con- duct a public hearing at 6:00 P.M on the 10th d.y ofJu,2,inthe Cou Ch ers of the City 4 West Falr- rnont P ay,La Porte, Te e pu fthis heari I' er a Sp . Use Permit Req #SCU 02- Indersigned authority, on this date 001, which as been re- d K I K II d I th d quested for approximately Ire arc yn e ogg, a u y au orize 2.9 acres of land (phase I) : The Bayshore Sun, a semi-weekly being all of block 329 in- h d d :I.. II d' 'b d' h eluding alley and Portion of sean gellera y Istn ute In t e North 2nd Street ROW, Harris County Texas and who out of the Johnson Hunter' I . Survey, Town of La Porte, sworn, swears the attached notice was ~=~~ ~=~Th: Bayshore Sun dated o5,b~ /C',;l 30,1 Barbours Cut Boule- vard. The requast, submit- ted by Mr. Ameen Narsl is seeking approval to devel- op convenience store along with truck fueling at the subject property. Per Section 106-441 of the Code of Ordinances, a Special Conditional Use Pennlt Is required for truck fuenng at this location. NOTICE OF PUBLIC HEARING A meeting of the City Council wiD follow the , public hearing for the pur- 'pose of acting upon the public hearing Items and to conduct other matters per- tainingto the Council. CItIzens wishing to address the Council pro or con during the Pubnc Hearing will be required to sign In before the rneetina 'Serving The Bayshore Area Since 1947' ~/fJ-~ Karolyn Kellogg Authorized Representative ribed before me this ~ 5/H day of /}1a...- A,~j~~rf S~ndra E. Bumgarner Notary Public Harris County, Texas , 200:2.. ') EXHiBiT E e e TA6l[D (p . I 0 .D:L City of La Porte Special Conditional Use Permit # SCU02-001 This permit is issued to: Ameen Narsi of Narsi. Inc. Owner or Agent 301 W. Barbour's Cut Boulevard, La Porte. TX Address For Development of: Convenience store with automobile & truck fueling Development Name 301 W. Barbour's Cut Boulevard, La Porte, TX Address Legal Description: 2.9 acres. being lots 1 thru 32 of Block 329, including alley and portion of North 2nd Street right-of-way. out of Johnson Hunter Survey. City of La Porte. Harris County, Texas. Zoning: Business Industrial (BI) Use: Convenience Store & AutolTruck Fueling Permit Conditions: 1. The facility shall only operate during daytime hours (6 a. m. to 8 p. m.). 2. The facility shall be operated and maintained properly. 3. No ovemight facilities are allowed on the premises. 4. North 3d Street will be improved south of the existing paving for approximately 270'. 5. At least 15% landscaping and screening must be providedalong 1st, 3rd, and North "E" streets as a buffer between the neighborhood and the proposed facility. This must be compatible with current landscaping scheme along Barbour's Cut Blvd. 6. No permanent structures are allowed in the City's 60' drainage easement 7. For this phase of development, ingress and egress are limited to 2 points along Barbour's Cut Blvd. The second driveway provides shared access between Blocks 328 & 329. 8. Applicant must submit to the City written approval from Harris County for median break(s) along Barbour's Cut Blvd. 9. Driveway tuming radii shall be increased to accommodate trucks. 10. Automobile and truck traffic must be separated. Signs are placed at each driveway denoting "auto" or "truck" entrance/exit. 11. Street improvement must adhere to the Harris County Engineering Departmenfs design standards for commerciallindustrial roadways. 12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. 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 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 ofthe Planning and Zoning Commission ofthe City of La Porte, and the previous zoning ofthe entire tract shall be in full effect on the portion which is undeveloped. Validation Date: June 10, 2002 Douglas K. Kneupper, P. E. 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ACCO~OWC ro 'lIh. WoP COtoIwuNl'T"f liME!. ~ RCVrstD NO'I-OI-Itil HIS....... tI.-OWoR l. rtISrWI Q.-c:~ ..... IIIC;;rsttD LrHD(1I Tt<I( L.oIoW'S or T...t STAft lY lDA.S TO P!l.ICtCC Tot[ P~SSICN C# [~C!III"": 4'<<) ..clitaT t!'_TIN 'fHA' THe .&.8O\It SIft :lI~ IS nto,J( "IoiC c:J"~(a: """0 T"'" .a.u. a.tAA1NG. DtSlolHCtS. A#IIQ.[~ o"iiM IllA05 AND c::r;trr.'T1Ul, AHCl.!S .-R( ....:::ua"ra.., $,..,o.w.. QH THe P\.A'.. AS SUR"otTtD 8T: H.. CAliIL.OS s..n.... -. "':. ..... tlf'VFIOPMF'NT T'VPr ~ a5 . 12~ SLOC. I'OA CONY. STORr .!r!!!!I:!I ~ ....ErN IWlSI . ....rrN ~S1 '. l rC4l orSCPIPTlON' .ILl. OF NORTH 2NO STREET RiCHT or WAY E(TWW/ aLOCKS J2~ ok J29. iown Cf La Port. - IIAP or LA PORn: OUT Or' . THE JOHHSON HUIIT[R SER'IEY A-:I5. LA PORTE. HARRIS COUNT1'. TEXAS. ,.c.l"lJti"4CRNE LANDSCAPE * LrY'E OAI( TOURON ow.&.,qr INOlAN "fr'n'Rr~:-r Flr"~}otUAReI('. CITY Of' LA PORTE SUAVl:Y .....K(Jl NO. 70 TB" NO. 1 I N. MOST aOLT ON rH AT NY< COANEA or w """SOUAS CUT BL \ID. AND NOATH 2ND ~. r~ - 18.82 ucr"", OL - "'\IIit, Ea..~ A.( .. uPoG:sttWt.. "-"iol ~ aJ...-~LOoo. (.....01 hf t.CiIlIfO.1lI ~ ~ Io.IDOftot.ooni SITE' PLA~ "'NOR Orvtl.ORUrNl SITE P\.AN CONvENlrNCE STOAE BI.Oe. l.T BI.OCK 328,.1: 329 TOWN or LEGEND '.:'11 C09.~ -- 0_..: Cra.... A.PP""~ e;;;- n&. NE Pn:lj... .......-.: . ! c .~ !n..t1..ClQ r;-;:;;:; I~ ..,..=: ",., lev. ....Il.cw..... CtTT ",,!tOv.u, f ~9~CRm.tA~A.E!"T '. -.-.----- '. -- . 88RBOUR o 1- .j' " i ! I L.__..____. CALL. 125.00' , . --....-.--...-....-..--....- ... ..' .----..-" S.CUT 60' ROW. BOULEVARD .' CONCROE , .... . . ~...~~.._~.._._~--_...__....-..._~--_. .-.._.-.-.-._.-.-.-.--~. .. PAvrMrm .. e ~f"'""", .9 -.-.:--.- I : J I . ~ 1IU11!. ~ ...; . ..... ........:. . :;.~ .... . ... . -;.-. e' . .,:: '.:; ~ .,.. . ;:;,~ ; ~.~ \~' . '-".'\ ':;- .; . ~;'';' '" ~ ., ~'" .:. ...~: :. -':. ...~.; ;:: ~:~ .. . . ~ ~.;;~~~~ e e REQiST FOR CITY COUNCIL A<irDA ITEM Exhibits: Ordinance Vicinity map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Agenda Date Requested: June 10, 2002 Requested By: DOU2 Kneuppe~ ~ Department: Plannin2 Report: _Resolution: _ Ordinance:~ SUMMARY & RECOMMENDATION Texas ImportJExport Park is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway, north of McCabe Road and between the existing Union Pacific railroad tracks and State Highway 146 South. The proposed development includes approximately 342 acres. As a part of the PUD development process, the applicant previously submitted a Special Conditional Use Permit (SCUP) Request and a General Plan (GP) covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The Planning and Zoning Commission initiated a Public Hearing for the SCUP request and GP on July 21, 1998 and concluded that public hearing on August 20, 1998, On March 3, 1999, the Commission unanimously recommended approval of the SCUP request, General Plan, Development Agreement and all Exhibits. On March 15, 1999, City Council approved the General Plan, SCUP#98-001, and the Development Agreement Mr. Stuart Haynsworth, General Partner representing La Porte 81 Ltd., 82 Ltd., and 115 Ltd. (approximately 292 acres), executed the agreement Daetwyler Enterprises did not execute the agreement and noted that Stuart Haynsworth did not represent their interests. On April 27, 2000, the Commission granted a one (1) year extension for SCUP#98-001. Since the extension was granted, no development has occurred. In February 2002, Mr. Haynsworth initiated a request to re-authorize the General Plan, Development Agreement and SCUP. The applicant's request is essentially a repeat of the previously approved SCUP 98-01 less the Daetwyler (now owned by CD M) properties. (The applicant's request covers approximately 292 acres.) Also note that the Exxon Diil1 site is not shown. but should be. At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re-authorize the General Plan, Development Agreement and Special Conditional Use Permit (SCUP) request #SCU02-OO2. Eight (8) notices of public hearing were mailed to neighboring property owners. No responses were received. By a unanimous vote, the Commission forwards a recommendation to City Council to approve General Plan, Development Agreement and #SCU02-002 for Texas Import-Export with the following conditions: I. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this scup and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agrement, Ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 4. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. If approved, the next step for the applicant would be to submit a SCUP and Minor Development Site Plan for Phase I-A to staff for review. Action Required by Council: 1. Conduct public hearing. 2. Consider approval of General Plan, Development Agreement and Special Conditional Use Permit #SCU02-OO2. Approved for City Council Ae;enda G~ \. \\~ Robert T. Herrera, City Manager fD'4 '0'2.... Date e e ORNINANCE NO. 1501- WW AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81, LTD., LA PORTE 82, LTD., AND LA PORTE 115, LTD., STUART HAYNSWORTH, GENERAL PARTNER, FOR THE DEVELOPMENT OF AN APPROXIMATE 292-ACRE TRACT IN THE CITY OF LA PORTE, TO BE KNOWN AS THE TEXAS IMPORT- EXPORT PARK; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 16th day of May, 2002, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular session on the 16th day of May, 2002, at 6:00 p.m., to consider changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated May 21, 2002, a true copy of which ORDINANCE NO. 1501- Page 2 e e letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 10th day of June, 2002, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be "PUD -Planned Unit Development with a Special Conditional Use Permit" for commercial, business park, and some rail-serviced warehouse uses. The conditions of said Conditional Use Permit shall be that the property be formally platted as :t292-acre tract. Further conditions are as set forth in the Motion and Recommendations of the Planning and Zoning Commission of the City of La Porte, and shall be as set forth within the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit are as follows, to-wit: ORDINANCE NO. 1501- Page 3 e e Approximately 292 acres of land out of the George B. McKinstry League, A-47; William P. Harris Survey, A-3D; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. "Section 7. The City Council hereby approves and authorizes the Development Agreement in substantially the form as shown in the document which is attached hereto as "Exhibit G" and incorporated herein by this reference, by and between the City of La Porte and La Porte 81, Ltd., La Porte 82, Ltd., and La Porte 115, Ltd., Stuart Haynsworth, General Partner, for the development of an approximate 292- acre tract as herein described in the City of La Porte, to be known as the Texas I mport-Export Park. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. "Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 1 D. This Ordinance shall be in effect from and after its passage and approval. ORDINANCE NO. 1501- Page 4 e e Passed and approved this the 10th day of June, 2002. CITY OE LA PORTE ~ By:1:~. ' NORMAN MAL E, Mayor ATTEST: By: ~!ltJJJtJv (&.l1i J MART A GILLETT, City Secretary By: e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Goyemment Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th day of May, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Pennit Request #SCU 02-002, which has been requested for approximately 103 acres out of a 292 acre tract in the George B. McKinstry, A-47; William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart Haynsworth, General Partner, is seeking approyal of a pennit for the development of Phase I of the project. This phase of the deyelopment will be a rail-oriented warehouse facility capable of handling products by rail and truck. A Special Conditional Use Permit is required for the proposed deyelopment to be located within a Planned Unit Development (p.UD.) Zone, per Section 106-637 of the Code of Ordinances of the City of La Porte. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of considering the public hearing item and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is conyened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretiye services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. EXHIBIT A e e ""~- -:-1' THE STATE OF TEXAS 8th Street COUNTY OF HARRIS 'exas 77571 CITY OF LA PORTE B 281-471-1234 Fax: 281-471-5763 NOTICE OF PUBLIC. HEARING ." In accordance e with the provisions of Sec- tion 106-171 of the Code of Ordinances of the City _ of La Porte, and the provi- sions of the TeXas Local Govemment Code, notice is hereby given that the La PortA Plannina and ,---.... \"""". ....". ....uO'O'J. Mr. $tuart Haynsworth, Gen Pa r, is seek- ing v f a permit for the de I ent of Phase; I 0 ioject . This phase th development will b a I- oriented ware use fa ity capable of handling products by rail Jndersigned authority, on this date and truck. A Special COn. d K I K II d I th' d ditionaJ Use Permit Is re-are aro yn e ogg, a u y au onze qulred for the proposed If The Bayshore Sun, a semi-weekly development to be located. ... within a Planned Unit oe-1shed and generally distributed In the velopment (P.U.O.) Zone, Harris County Texas and who per Section 106-637 of the -' , ~e of Ordinances of the sworn, swears the attached no~e was City of La Porte. Bayshore Sun dated .,6'/0 I tJ,).- I re Sun 'Serving The Bayshore Area Since 1947' A regular meet. Ing of the Planning and Zoning Commission will follow the public hearing for the purpose of consid- ering the public hearing item and to conduct other matters pertaining to the Commission. ry-:/A Llf:?lUiI((ry/ Citizens wishing to address the Commis- sion pro or con during the Public Hearing will be re- quired to sign In before the "ribed before me this -tJ Y 1/-1 day of h/l ~ meeting Is convened. " , ' . ? j,~~A- /5u-rv~ Sandra E. Bumgarner ' Notary Public Harris County, Texas Karolyn Kellogg Authorized Representative , 2002. CITY OF LA PORTE Martha Gillett City Secretary . ,'J .. .".. .':". ~", ," This facility has disability accommodation ava/lable. Requests for accommoda- 'tions or interpretive servo ices at meeting should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281)471-5020 or TOO Line (281)471-5030 for fur- ther information. ') EXHiBiT II e e City of La Porte Established 1892 May 21, 2002 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: During the regular meeting on May 16, 2002 the La Porte Planning and Zoning Commission, held a public hearing to consider Special Conditional Use Permit #SCU02- 002. The applicant, Stuart Haynsworth on behalf of La Porte 81, Ltd.; La Porte 82, Ltd,; and La Porte 115 Ltd., seeks approval to build a mixed-use development on 292 acres out of 342 acres, Town of La Porte, Harris County, Texas. The proposed mixed-use project will be developed in a Planned Unit Deyelopment (PUD) zoning district. The Planning and Zoning Commission, by unanimous Yote, recommends approval of Special Conditional Use Permit #SCU02-002. This item will appear on the Council's June 10, 2002 agenda for your consideration. Respectfully submitted, ~~~~ Planning and Zoning Commission, Chairperson c: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission Doug Kneupper, Director of Planning Stuart Haynsworth 604 W. Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020 EXHIBIT t) e e THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the proyisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of June, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 02-002, which has been requested for approximately 292 acres out of a 342 acre tract in the George B. McKinstry, A -47~ William. P. Harris Survey, A-30~ Johnson Hunter Survey, A-35~ City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street). Mr. Stuart Haynsworth, General Partner, is seeking approval of a permit for the development of Phase I of the project. This phase of the deyelopment will be a rail-oriented warehouse facility capable of handling products by rail and truck. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (p.U.D.) Zone, per Section 106 -637 of the Code of Ordinances of the City of La Porte. A regular meeting of the City Council will follow the public hearing for the pwpose of considering the public hearing item and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is conyened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations ayailable. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ~'txf-fr91T D of June 2002, In.- follow the public hearing Council Chambers 0 for the purpose of consld- City Hall, 604 West - ering the public hearing mont Parkway, La ~item and to conduct other Texas. The purpose of this matters pertaining to the 820 SOl hearing Is to consider Council. Special Conditional Use La Portl Pennit Request #SCU 02- 002, which has been re- quested for approximately 292 acres out of a 342 acre tract in the George B. McKinstry, A-47; William P. Harris Survey. A-30; TIJ Johnson Hunter Survey, A-35; City of La Porte, Harris County, Texas. The property is located in the 2000 Block of Powell Road (So. 16th Street) Mr. Stuart nsworthGe . aI F.! is see p 't de the p the ev p nt will be rall-orient warehouse fa- cility capable of handing products by rail and truck. A Special Conditional Use Permit is required for the proposed development to be located- Within a Plan- ned Unit Development (P.U.D.) Zone. per Section lority on this date 106-637 of the Code of Or- ' dlnances of the City of La logg, a duly authorized Porte. Sun, a semi-weekly ally distributed in the A regular meet- sIons of the Texas Local ing of the City Council will rexas and who Government, Code, notice. . is hereby given that the La uly sworn, swears the attached notice was Porte City Council will con- The Bayshore Sun dated 05 b& /0.)- duct a public hearing at I ' 6:00 P.M. on the 10th dey THE STATE OF TEXAS . COUNTY OF HARRIS CITY OF LA POflTE NOTICE OF PUBLIC , "HEARING'" In accordance with the provisions of Sec. tion 106-171 of the Code of Ordinances of the City of La Porte, and the prov!- e ",I: Citizens wishing ~~> to address the Council pro . or con during the Public Hearing will be required to sign in before the meeting Is convened. 281-471-1234 Fax: 281-471-5763 CITY OF LA PORTE Martha Gillett City Secretary re SUD This facility has disability accommodations availa- ble. Requests !or accom- 4rea Since 1947' modations or Interpretive' services at meetings should be made 48 hours prior to meeting. Please contact CIty Secretary's of. flee at (281)471-5020 or TDD Une (281)471-5030 for further information. ~ LJ I, ,~#- t tJ) gf.c: U I - Karolyn Kellogg Authorized Representative Sworn and subscribed before me this ,.-JJ'7itl day of h'd /~~-U--- ;t, 4,~..~Y' OvU-- Sandra E. Bumgarner Notary Public Harris County, Texas , 200 2. EXHIBIT '& e Exhibit A e City of La Porte Special Conditional Use Permit #SCU 02-002 This permit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd. (Texas Limited Partnership) Stuart Haynsworth,. General Partner, Owner or Agent 815 Walker, Suite 1435 Houston, Texas 77002 Address For development of: A 292 acre Planned Unit Development. known as Texas Import/Export Park, a mixed use development further defined by a General Plan prepared by Northrup Associates, Inc. The Planned Unit Development is further defined by a Development AQreement between the Owner/AQent listed above and the City of La Porte. This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name Legal description: 292 acres of land out of the George B. McKinstry League, A-47; William P. Harris Survey. A-30: Johnson Hunter Survey. A-35 and more particularly described by "Exhibit B" - Development Agreement. Zoning: The zoning for the tract is Planned Unit Development. The permitted land uses for this Planned Unit Development are aenerallv depicted on "Exhibit A" - General Plan of Texas Import/Export Park. These permitted land uses are more specifically defined and/or restricted by conditions established in the Development AQreement. Permit Conditions: General/Miscellaneous 1. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development ofthe private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agreement, Ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 4. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. 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 completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may 1 of 1 EXHIBIT~' be rescinded by the City coun'upon its own motion or upon the recaendation 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 tne portion which is undeveloped. Validation Date: June 10. 2002 1- 20;clL AcuJJi~~ II#lL ~iIIett v ~ City Secretary 1 of 2 e e DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between La Porte 81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd" Stuart Haynsworth, General Partner and attorney in fact respectively; and their Successors and Assigns (Owner-Developer) and CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the 10th day of June. 2002. Recitals Owner-Developer has proposed development of an approximate 292-acre tract in the City of La Porte, as the Texas Import-Export Park, which is referred to as the Tract and defined hereinafter in Article I. Owner-Developer plans to develop the Tract, presently zoned PUD, for multifamily residential, retail, commercial, business park with some industrial uses. Owner-Developer shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City and Harris County Flood Control District. The City has required, and Owner-Developer has agreed, that the tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner-Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on June 10. 2002, or as amended as allowed herein. Owner-Developer means La Porte 81, La Porte, 82, La Porte 115, Ltd. Partnerships or their assigns or succeeding developers. TIEP 2002 Develooment Aareement-Final.doc Paae 1 of9 EXHIBIT {~ e e Tract means the approximate 292 acres of land to be developed by Owner-Developer as described in Exhibit A. 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: Exhibit A - Special Conditional Use Permit (SCUP) Exhibit B - Metes and Bounds Description of the Tract(s) Exhibit C - General Plan, Noting Proposed Section One Boundary and Uses Exhibit D - Land Use Exceptions Exhibit E - Draft Declaration of Restrictive Covenants for Texas Import Export Park applicable to all construction and uses. Exhibit F - Open Space / Trail System - Cross-Section Exhibit G - Traffic Control Plan Exhibit H - Harris County Major Thoroughfare Standards ARTICLE II. GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner-Developer shall develop the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land Use Restrictions are provided for in paragraph 2.3. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and TIEP 2002 DeveloDment Aareement-Final.doc Pace 2 of 9 e e established policies, and further agrees that land uses shall be further restricted according to "Exhibit D". ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner-Developer has developed- Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are attached to this Agreement as Exhibit "E". These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit "E". The covenants and deed restrictions shall be approved by the City and shall be recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing until the sooner to occur of (i) the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the plats completed or installed and financed by the Owner-Developer). Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Permit within one year after issuance of said permit, or as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner-Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACEITRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide common open space as shown in Comprehensive Plan and the General Plan, including any required portion of planned City trail system within the project. This will be incorporated within the shown drainage easement and detention pond/drainage system, the cross-section details of which are further illustrated on the attached Exhibit F. It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and dimensions of these facilities is unknown. When the final design is approved the City will evaluate the potential for use of these areas as public recreation amenities. At that time and with mutual consent, the City may elect to accept these facilities either in easement or fee. The initial development, of the detention pond/drainage system and perimeter landscaping of these facilities shall be the responsibility of the Owner - Developer. The responsibility of ongoing maintenance of these facilities shall also be determined after reviewing the final design. TIEP 2002 DeveloDment Aareement-Final.doc Paae 3 of 9 e e 5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform and/or compatible landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (1 DO-feet wide) shall be provided along the west side of Powell Road and shall include extensive screening-type vegetation with grassed berms within the existing pipeline easement. A landscape buffer, 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adiacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaping compatible with the ultimate use of that adjacent property. 5.3 Signage. The Owner-Developer shall implement a sign standards policy, as part of the Declaration of Restrictive Covenants (Exhibit "E") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business signage, street and other traffic directional devices conforming to the Tract's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. The Open Space/Pedestrian Trail System shall be constructed within or adjacent to the drainage easement and detention pond/drainage system as dictated by the final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System and drainage/detention pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner-Developer shall establish a specific schedule for the development of and construction improvements on the Tract with the end user(s). However, in lieu of and as the basis of that detailed schedule, the following work program is anticipated: . Initiation of complete engineering study, including drainage and preliminary infrastructure design. . Detailed engineering design for Phase One, being all or substantial part of area identified herein as Section One. This would include rail connection to main line and a minimum spur connection to first building anticipated, water and sanitary sewer service initial drainage and detention to accommodate Phase One; . Construction of Wharton Weems Blvd. and Powell Road shall be completed within 12 months of Phase One completion; TIEP 2002 Development Aareement-Final.doc Paae 4 of 9 e e . Initiation of procedure to abandon and relocate portions of Powell Road, south of the project of Wharton Weems Blvd.; . Platting site plan, and detailed engineering plan review by the City of La Porte and others; . Initiation of construction pursuant to item 6.1 (b) above, identified as Phase One; and . Continuation of remainder of development as rapidly as market demands. ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 Fire Protection. The Owner-Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.2 Hazardous Materials. The Owner-Developer agrees no hazardous materials as identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 7.3 Safety. The Owner-Developer shall formulate a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a building permit. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner-Developer shall establish a Traffic Control Plan for the entire project to regulate to the extent practical project-generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan (shown on the attached Exhibit G) will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to Harris County Major Thoroughfare Standards (Exhibit "H") in Phase I development as shown on Exhibit "C" - General Plan. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical north bound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner-Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner-Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual and the City Zoning Code (106-835) pursuant to specific site plan review. Unless otherwise TIEP 2002 Development Aareement-Final.doc Paae 5 of 9 e e approved during review of preliminary and final plats, driveways along SH146 entering this Tract shall be limited to a total of eighteen (18), but in all cases, each individual reserve with frontage on SH146 shall have at least one opening. Provision shall be made, where practical, for internal cross-access easements to maximize ingress, egress and circulation to minimize congestion on public rights-of-way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. On or before the expiration of one calendar year from the date of this Agreement, Developer shall provide to City through sales contract negotiations or otherwise $50,000 "seed moneys". This money is intended to be used for study, design and/or construction of projects to alleviate transportation issues that impact this project. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. The Owner-Developer will continue to work with City and Developer rail consultants, as evidence of the commitment to the City to improve rail efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease current rail impacts. On-site rail facilities and operations shall be controlled by Owner- Developer in order to maximize rail efficiency and minimize peak hour conflicts with vehicular traffic at Fairmont Parkway. Owner - Developer agrees and acknowledges the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell Road. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner-Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system that would deliver 4-6,000 gallons per minute necessary for sprinklered fire protection with a loop connection to the 16" main on the east side of S. H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on ilK" street south of Fairmont Parkway. The Developer will provide a drainage study for the Tract. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner-Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements. ARTICLE XI. BUILDING LINES TIEP 2002 Development Aareement-Final.doc Paae 6 of 9 e e 11.1 Building Lines. The Owner-Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City Code of Ordinances. Within the industrial area west of Powell Road there will be a landscaped 1 DO-foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and building line shall be maintained. These respective 100 and 50 feet landscape buffers shall be kept free from all other uses with the exception of signage, approved drives and entrances. Owner-Developer agrees that other building lines will be either equal to or greater than that required by ordinance for the zoning use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XII. MISCELLANEOUS 12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner-Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. TIEP 2002 DeveloDment Aareement-Final.doc Paae 7 of 9 e e 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after its is deposited. Notice given in any such other than the manner shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the City, to: If to Owner/Developer, to: City of La Porte Attn: City Manager P.O. Box 1115 La Porte, Texas 77572-1115 La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. c/o Stuart Haynsworth, General Partner 815 Walker,Suite 1435 Houston, Texas 77002 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner- Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner-Developer shall not be or constitute a breach of this agreement by the other party of Owner-Developer. TIEP 2002 Develooment Aareement-Final.doc Paae 8 of 9 e e 12.11 Covenant Running With the Land. The obligations imposed on Owner- Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. OWNER-DEVELOPER La Porte 81, Ltd. La Porte 82, Ltd. La Porte 115, Ltd. BY:~i Stuart Haynswo ,General Partner Date: au....c. /' () . :z (;) t:J ;2...- V CITY OF LA PORTE, TEXAS ._-...~.--,.. ,200 Q ATTEST: TIEP 2002 Development AQreement-Final.doc PaQe 9 of 9 e e EXHIBIT B SITE METES AND BOUNDS Being ari apT?roxima'te.293.9036 acre t;Cact..1n..the ~own of LaPorta,. 'rexas recorded in volume' '-' . : " , Page '.~' ~ . , HaJ:J:'is County .'. Deed Recqrds, out of. the W. P. Barris Survey'A-30, the ~orge B. McKinstJ:y Survey A-47, and the Johnson- Hunter S'u.:x:vey A-35, Harris County, Texas, and .being 'mOre particularly descr:i.bed. by lI1etes and bounds as follows: ~EGINNING at a:polnt at the northeast cor.nez of. formerly dedicated Block ~1.70 on tile southe:ru boundary of '"Hit Str.eet on "=he wes'l:.ern right of way boundary .of slf '):46 marked by a 1:"i:1IP, . I . . THENCE southexly 5,7SG.S2 feet along .the western right-of-way oonndary of sa 1.46 to the nortlup:n boun'dary of kCalle Bead; THENCE westexly along the northern :x=ight-of-way of Mc~abe Road 1,400. to the western ooundary of the 'Un~on Paci.fic :Railroad righi;- of-way (Save and . except the' area of the existing Powel~ Road and/or the proposed re-located po~ell Road); THENCE' nortbe.rly -4,328.?2 feet. a~ong the.'easteJ:l:1 bOUJ:ldary of ~ha Union Pacific Railroad right-of~way to a point 326.66 feet 86 59 I 3S n west of the northeast co;r:ner of the. George B. McKinstty Survey [,Save and except a 6.31.92 aCJ':e tiact, desc:r:tbed as fol.lows:. OUT TRACT Be~g a 6.3192 aCJ':e tract of land out of a po~tion of Blocks l203 and l204, in the TOwn of La Po~ta, recorded in Volume 60, Page 112, Harris County Deed Records, out of the George B. McKinstJ;'y Suvey, A-47, and the J.ohnson Hunter S~ey, A-35, Harris county, Texas, and be~g more particul.arl~ described by metes and bounds as ~o~lows: BEGINN~NG at a point 255.37 feet North ot the Norther~y. right-of-way of the for.mer~y dedicated West Q Street; '. THENCE South 020 56' 39" East a~ong the Weste.rly right- of-way'of Powell Road (60 feet wide), incltiding that portion of the formerly dedicated West Q Street lying within, a distance of 300.00 feet to a S/S inch iron rod set for corner; THENCE South 860 59' 35ft West, to the Southern Pac~xic ~a~lroad right-of-way including that portion of formerly dedicated 17th Street lying within, a distance of 917.25 feet to a S/8 iron rod ~et for corner: TKE:NCE North 030 03' 22" West, alone; the east~rn r.ounc.ary of the Southern Pacific Railroad right-of-way, a distance of 300.00 feet to a SiB inch iron rod found for corner; THENCE ~lorth 860 59' 35" East, a distance of 917.84 feet to the Point of Beginning. e e -2-. THENCE easi:erly to. the northeast:. C9rner. of "the McXinsUy Sur'7eYi . . THENCE ~oJ:th 020 56' 39'1 a di.stance of ;20 'feet .to a 5/8 ~nch IR; . . THENCE easterly 860 S9' 35" 552.0 feet to the ~s'tern :botUldaxy of Powell Road (Save and except the 60- ioota:rea included'::'n the :r:ight- of-way of said Powell Road); THENCE ~or-t:herly alonq the' eastern :bO'Undary o~ 'Po~ell Road right- of-way 385.0 feet t~ a SjStl !p; ~CE Na5o"5~. 35ft 765.50 feet to a polnt ~ked by a 5/8" ~P; , T.HEHCE ~ O~O 56' 39~ a distance of 740.00 fe~t to. the southern ~C' , boundary of West .M~". street to a 5/8" IP;. " . " THENCE N B60..59' '35" along the southern bO\mdary of West' "H" Saee..; to a ::I." IR on the weste.rn ~undary of SR "J..4.6. :right-o:f-way, 1:ha point of beginning, a dis~ance of 823.28 .feet. e e M~TES ~Nn BOUWnS ~ISCRIPTlON . 5.000: ACftU (217.100 SQOAU nET) B.inr.: .5.000 ~ores (H_,SOO jHj\'\n~ t..t) ot ll~d ~'i.'t.uat~a in the .William p, Mud, Sllney, Ab.tuct. 30, Jhrril.Co~J\t)'. TUn. 'and bein9 o~t ot tOlt a.rtlin 233.251' lcre tr&cl of ~.nd c~ny.y.d to sIC Manaq$ment il. ~r~. by Lnstrument r.eordl4 ~n4.r rill Nu.ber D~89085 litId rillll Code lH-2C-20U of I:l:Ia Klnil Courit.:;'ofUeial. . publ'1~ ~Icord& of al.l Property; ,aid !.QOO .or....(~17,'O~ aq~lr. f..t) of hnd being llIon particularly ducrib'd. by met.n 'and' Doun4& 46 follo~1 (all b,tti.n.. Irl r,tereneed to the mo~u~en~~d acut l\ 11M o~ uia 235.:aU Ic:re trlct, UM. b.inw' th. Mzoth rigbr.-of.',,8Y lint o! HcCab9 l\old, laud em 90 t,et. irtddtb In.d.' ,.corded 1:\ Volume 812. 1'19' 345 Ind in Vc'lum.: 8U./Pllle 3049 of tr.e ~~r~~~ county Dead ~.tords1; COIOUNCINO .b.. TeltU DlIp&r~,unt of 'l'r~,pont1'on 4"x'" <:on<:ri:t.~ ~o~u~,nt found' for the'south..st corner of acid 235,2~19 lere tract and b.in9 the 1htereecti=n of the north riq_~-at~Y'l line of Itid McC'~t ~o.d wi~h the weal: ri9ht-of.~.y l1n, 9t sta~' HiqhwlY ~4G, Y.~1in9 ~n w14th: . TRltl~CB: S 86-DS- 2 4 jl 865,56 f..t. ",t t.h tbl louth Hu flf .,id as.au Ion t.r.ct, to. 5/1 inoh iron rod fO\l'Qd'for .t.bo' i:'lttuecHon of ,i.nCl north d~hl:-oe.wIY liM oC .aid Me~b.'R.~'iS with the w.,trl~ht-of-way lint of I propoJ44 .x~.~.1o~.Gt tow.ll hid (U~l\ atreet),. ~tlI.d on &0 hel: in widt.h', and b.in. the puef or UGINIUNG and the louth.cult ~orntr of the a.rain duortlacl t:ac:t ot landi THENC! s 96-0~-24 W 4D~.47 teet. with the nortb ri~bt~of.w.y line of laU McCab. ~oad. to 1I !/8 inch irol\ rQcl. found !or t~... . IOUt.h.Wut oorntr :l~ litd 2~S. 2 U J IC!r. hut and. b..ine" the '. . 'O~thW'3t aorner ~f :hia telae and .110 b.inQ the so~tho.lt COfner elf in \lnrccord.cli .61J-fogt lIid.e rold nUllent i . THENCE N 10-04-16 w (call.d'N 10.01-47 N) 443.41 le.t, wit~'th, wO.::It Une of nid 235.2619 I.<::r:' trl\:'t I I.llll!e b6'1,l\lf the ....t Hl'al of said unr.eord.~ 60-tpot ~ld. road '1Ie~.nt, to . ~Ja inch irQ~ ~od with cap SIt ~or tho ~QrthweSt cornal: 0: th1a t~~et: '. TKtNCi ~. i6-05-24 2 521.50 fl.t to . 5/9 int~ iron .,oi'w(i~'e&p ~et for: th~ north..>>t '\:'Orn.r gf thaa tra\:'t ahd ~.ih~ L~'th,.v.st .tight-ot-Wlt Ii? of 5.~d proposed extension of Powell ROld; 'T~~NC! S 02-56-39 ! 440,97 feet to the fLACK or II~I"'INO and cOl'at~in1u9 '.600 a~rtl (217.900 I~u.r. fe.t) ~f land, Pilter L. Wi,llms R'iisterea P'ot.~aion.l LInd S~rvetgr ra~l~ ~.q1.trlticn Ne. 174~ Tuu Land Survo.riM. :nc. '. : P.O. tox ~825 Pasadlna, Tax,e . 71~08 (281) 4i'.!..O . . Job No. 381-001S Karch 21. 2000 g-{'~. lERAL PUN OF 'M' . pon Tj"J""'lX' 'ODD r-;""\1 pAn -;-7 .1..;.. ; , 1\..1 ~_' -1' ; I\. . ri.I\.:l~ '12t ACRES OF LAND OUT OF THE RGE 8, McKlNSTRY LEAGUE., A-47 .LlAM P. HAqR1S SURVEY, A-SO ~l"I~O\..l H' U'\.l-l-~R' SU~\/C"" A ~;:; . I 11 ~'-' I. 11 "'-" II lo.o j J -.;)..... NOT2 FOR SWOY AND PUNNING USE:: ONLY. NO W '. --v '" AS TO THE ACCUR.~CY OF THE INcORMA TION CCNT,~ OF LA PORTE, HARRJS COUNTY I I t:.,O..::l SAlD INFORM A nCN R~R=:5ENi'S A GRAPHIC COM?!L . 08TAIN~ ReM MAPS. SUR'i:;-YS. AND OTtia DOCU TO NORTIiRU? ASSOClA TC:S. INC. .-' .--.- -' --- ---"1 - I I ~ I @. I:\g: ,~ ol~'~ ~ ~- ---..---- 1111", I ~ -----, '';A !.9' -1530.0-' La :Ill- I.-moSs' Ola > 9 0\5. I I I I I -_ I .......--1 RESERVE "S" DEmI1lON 5.5 "'Co ....... - - - - ""1 r-- 1\- - - ....... I I I I 100 YEAR FLOOO P'~AIN t. UN;:. I 1.1 1.2 I.J I.-!o l.5 L5 I' L7 I L3 .1 L;~ DIR~:nCN I NanJ'2'l :: N.;5"51'~2 :; N4J"JZ'27"'N Ne5'29'Z1 :: S42"CO',3S"w saTC.r:!: w 51 1'37'25-:: DlsnNCS 100.:0' .34.25' 2!\.29 , 21.30' Z7.0'" 50,00' 1~.4-.r lJ:.!!' NC2-';'Z'!S"=! SCJ~':::5":: N4~~5'2~.~ :':.:0' 2'!.:~' =---./) \) . .~-'~_.'- '1[A . ~11 ~( .. \. .. .., I ~ .. I ,. 00(. I I I IJ...~.O.' -=)l._ _ _ __ _ _ _ - - - - - - - -- Z-J ",- _~$l:I:-fJ\F._l_-"f- 73/ffi .ai' 4E.w.e..g.,8L.- PJ.",A~, ~r- J'IlCl'C$2!l .....n:! ute: --~- - .' ?--=-r I ---=.-=--==- T' -\- .:i,~ I~I I ~ I , '~ 1111' I "'I 1m , m . r- .~ 1-4L__--J-4L- -'0 ,.... .~ _ c '~\Or----I zr " Iml . I~I L~ 1"\ I-I ~--- NQ2~'~"W_ _ _ ~ J L-I _____ ,- - 4l$.0d'"' . ,_ _ _ - -=--=..i - - . ~ -;",s:.... UN! i I I -NOT_EAR-I Of' 4Wf..U1J~ e " ~ ~ ~ ~ ~ .... 0; .. ,,; ... :i '" r<l '" '" '" '" '''. ... .~ ----- ... --'~. - - .:D'"......-_~~-;::~~~~":~~~_.~ ;~- _ _ _5..2"57'53;:' ~-s;;;. -;... ute: . - - N6S:S7:si':: . 15.50' ----- ---- -~----- ---- ---- _-.:.--- ------ RT}IRUP r\SSOCIATES, INC. '~C CAtlNING - ENVIRON""=NT~J. - RE..l.L ESTAT: CONSuLTANTEJ{Hlarr .' e e Exhibit D Land Use Exceptions In reserves where the General Plan indicates KGC- uses, all uses permitted in the City of La Porte Zoning,Ordinance under GC (indicated with a "P-) are permitted here with the exception of: Building Construction - General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use Residential Uses In reserves where the General Plan indicates "BI- uses, all uses permitted in the City of La Porte Zoning Ordinance under BI (indicated with a "P") are permitted here with the exception of: Building Construction - General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Priniary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Off-Premises Signs In reserves where the General Plan indicates "Lr uses, all uses permitted in the City of La Porte Zoning Ordinance under LI (indicated with a Kp") are permitted here with the exception of: Building Construction - General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161,162,1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) In Reserve "A-labeled RailJWarehouse on the General Plan, all uses permitted in the City of La Porte Zoning Ordinance under LI (indicated with a .P") are permitted here with the exception of: Building Construction - General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, Including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning Ordinance associated with rail services such as; A rail yard with a maximum of 22 rail lines is permitted. Rail service to and distribution from warehouses proposed; Rail service to light manufacturing not otherwise exempted herein. e e Exhibit E DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR TEXAS IMPORT/EXPORT PARK This Declaration of Coyenants, Restrictions, Easements, Charges and Liens for (hereinafter referred to as this "Declaration"), made as the _ day of (hereinafter referred to as "Declarant") and the persons or entities whose names appear hereon or on any counterpart hereof (individually, the "Owner"; collectively, the "Owners"). WIT N E SSE T H: WHEREAS, Texas Import/Export Park is a business subdiyision located in Harris County, Texas, according to the map or plat thereof recorded in Volume ----.-J Page _ of the Harris County Deed Records (the "Subdivision"); and WHEREAS, Declarant is the fee simple owner of that certain real property within the Deyelopment more particularly described on Exhibit "B " attached hereto and incorporated herein by reference, and the Owners are the fee simple owners of that certain real property within the Deyelopment more particularly described on Exhibit " B " attached hereto and incorporated herein by reference (the real property specifically owned by each Owner having such Owner's name on the legal description for such real property attached hereto as Exhibit" B :J (the real property described in attached Exhibit " B " and Exhibit " B " collectively referred to hereinafter as the "Deyelopment"); and WHEREAS, two (2) of the parcels out of the property described on Exhibit" B" haye been improved to proyide certain flood water drainage, retention, and detention facilities for the Deyelopment, said parcels being more particularly described on Exhibit" B" attached hereto and incorporated herein by reference (the "Flood Control Facilities"); and WHEREAS, Declarant and the Owners desire to proyide for the preservation of the Deyelopment and for the maintenance of the Common Areas (as hereinafter defined); and, to this end, desire to subject the real property described in Article II hereof to the coyenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which are for the benefit of the Development, each Owner and the Declarant; and WHEREAS, Declarant and the Owners agree that it is desirable for the efficient preservation of the yalues and amenities in the Development to create an entity which will own 1 e e and to which will be delegated and assigned the powers of maintaining and operating the Flood Control Facilities, the Common Areas and improvements, administering and enforcing this Declaration, and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Property Owners Association, mc, has been or will soon be organized under the Texas Non-Profit Corporation Act as a non-profit corporation for the purpose of exercising the aforesaid functions, NOW, THEREFORE, Declarant, for itself, its successors and assigns, and the Owners, for themselves and their successors and assigns, declare that the Development is and shall be owned, held, transferred, sold, cony eyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes hereinafter collectively referred to as "Covenants and Restriction") hereinafter set forth. ARTICLE I DEFINITIONS The following words, when used in this Declaration or any Supplemental Declaration (hereinafter defined) shall, unless the context otherwise prohibits, haye the meanings set forth below: (a) "City" means the City of La Porte, Texas (b) "Association" shall mean and refer to the Property Owners Association, Inc., an existing or soon to be existing non-profit corporation under the laws of the State of Texas, created for the purpose of acting on behalf of the Owners, such Association being more particularly described and proyided for in Article III of this Declaration. (c) "Board of Directors" shall mean and refer to the Board of Directors of the Association. (d) "Deyelopment Agreement" shall mean this agreement entered into between La Porte 81, Ltd; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner and attorney in fact respectively; and their Successors and Assigns (Owner-Developer) and CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the day of ,2002. (e) "Common Areas" shall mean and refer collectively to (i) the land subject to the easements conveyed or granted pursuant to Article IV, (ii) the Flood Control Facilities, (iii) any landscaping reserves, greenbelt reserves, street or bouleyard esplanades, and (iv) other areas established from time to time for the purpose of proyiding open space for aesthetic uses, in common, for the Owners and their respective lessees, licensees, employees and agents, and the 2 e e respective tenants, licensees, employees and agents of such lessees. Any such area so designated, buy later conyeyed and accepted in fee or easement to the City of La Porte, shall no longer be considered under this definition. (f) "Common Facilities" shall mean and refer collectively to all drainage improyements (including, without limitation, all piping, pumps, grassing, inlets, headwalls and fencing), shrubbery, trees, grass, flowers, other plants and plantings, sprinkler systems, lighting fixtures, statuary, fountains, benches, tables, signs, entrance monuments and markers, walls, fences, gazebos, kiosks, and other exterior decoratiye or functional materials or facilities now existing, installed, constructed or placed on the Common Areas from time to time. Any such facility so designated, buy later conveyed and accepted in fee or easement to the City of La Porte, shall no longer be considered under this definition, (g) "Improyement" shall mean and refer to any building, roofed structure, parking area, loading area, trackage, fence, wall, hedge, landscaping, pylon, pole, driveway, sign, exterior illumination, channel structure, equipment, machinery, piping and yalyes or other improvement within the Deyelopment. (h) "Tract" shall mean and refer to each parcel of land located within the Deyelopment which is separately described in a deed of conyeyance; proyided, howeyer, if such parcel of land is thereafter divided into separate parcels in any manner, the term "Tract" shall mean and refer to each such separate parcel of land. The term "Tract" shall include any Improvements located on a parcel ofland constituting a Tract, but shall not include any of the Common Facilities. (i) "Member" shall mean and refer to all those Owners who are holders of membership interests in the Association, as such interests are set forth in Article III hereof. (j) "Owner" shall mean and refer to the record owner of fee simple title to any Tract, including Declarant with respect to Tracts owned by Declarant. Eyery record owners shall be treated for all purposes as a single Owner for each Tract owned, irrespectiye of whether such ownership is joint, in common, or tenancy by the entirety. Where such ownership is joint, in common, or tenancy by the entirety, any vote to which such record owners is entitled shall be in accordance with Article III, Section 4 hereof. Notwithstanding any applicable theory of mortgage, "Owner" shall not mean nor refer to any mortgagee unless and until such mortgageee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (k) "Supplemental Declaration" shall mean and refer to any supplement, amendment or modification of this Declaration. (I) "Deyelopment" shall mean and refer to all real property which is or becomes subject to this Declaration. (m) "Special Conditional Use Permit" shall mean and refer to Special Conditional Use 3 e e Permit No, 02-002 adopted by City Council of the City of La Porte, Texas with respect to Texas ImportfExport Park. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. The Properties. The real property which is and shall be owned, held, transferred, sold, conveyed, and occupied subject to this Declaration includes the Development, as well as any real property within the Subdivision owned by the Association. Section 2. Additions to the Properties; Certain Amendments. The Association shall have the right to bring within the scheme of this Declaration any additional properties within the Subdivision and bringing them into the common deyelopment scheme of the Development in accordance with the terms of this Declaration. The Association shall not be obligated to bring any or all of the proposed additional properties within the scheme of this Declaration. The additions authorized under this Section may be made by recording of Supplemental Declarations with respect to the additional property in the Official Records of Real Property of Harris County, which Supplemental Declaration shall extend the scheme of the coyenants, restrictions, easements, charges and liens of this Declaration to such property or modify this Declaration with respect to such additional properties as hereinafter set forth. Such Supplemental Declarations may contain such additions and modifications of this Declaration as may be necessary to reflect the different character, if any, of that portion of the additional properties which are the subject of such Supplemental Declaration as are not inconsistent with the scheme of this Declaration. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. The Association. The Association shall include as its Members each Owner of a Tract subject to this Agreement or, if any such Tract is owned by more than one person or entity, all Owners of such Tract shall be considered to be one Member in accordance with Section 4 of this Article. Section 2. Membership Interests. Each Member shall haye one membership interest for each full One Dollar ($1) of the assessed tax value of the Tract (or Tracts) owned by such Member within the Development based upon the most recent available valuation of each Tract and Improyements thereon as assessed by the Harris County Appraisal District (or its Successor) or the City of Houston, whichever assessment may be used by the Association, for ad yalorem 4 e e tax purposes for the preceding year. Section 3. Voting Rights. Each Member shall have one (1) vote for each membership interest owned by such Member. Section 4. Multiple Ownership. Where more than one person or entity shall be at any time the Owner of a Tract entitled to a membership interest, the vote attributed to such Tract shall be exercised as such Owners mutually determine. No Member shall split or divide its votes on any motion, resolution, ballot or otherwise. In the event that such Owners are unable to agree among themselves as to how their yote or yotes shall be cast, they shall lose their right to yote on the matter in question. If anyone of such Owners cast a vote, it will thereafter be conclusively presumed for all purposes that such Owner was acting with the authority and consent of all other Owners of the same Tract. In the event more than one yote is cast for a particular Tract by the Owners of such Tract, none of said yotes shall be counted, but rather, all such yotes shall be deemed yoid. ARTICLE IV PROPERTY RIGHTS IN THE DEVELOPMENT Section 1. Title to Common Areas and Common Facilities. Declarant has or will haye caused to be conyeyed to the Association legal title to the Flood Control Facilities, subject to the rights and easements created or reserved in this Declaration. Additionally, the Declarant, by execution of this Declaration, conveys all of Declarant's rights, title and interest in (a) the sign easement cony eyed by that certain Special Warranty Deed (With Vendor's Lien) recorded under Clerk's File No. Real Property Records, Harris County, Texas, which easement is more particularly described by metes and bounds on Exhibit "B" thereof, and (b) the sign easement reserved in that certain Special Warranty Deed recorded under Clerk's File No. Real Property Records, Harris County, Texas, which easement is more particularly described by metes and bounds on Exhibit " B" thereof. Section 2. Easements. Declarant and the Owners do hereby giye, grant, and conyey to the Association a non-exclusive easement, license, right and priyilege over any property within the Deyelopment which now contains a sign or signs erected to identify the Subdivision with reasonable rights of ingress and egress therefrom and thereto for purposes of construction, repair, maintenance and replacement, and the maintenance and replacement of all landscaped areas around said signs. If the entrance onto a Tract by the Association or its agents (pursuant to the rights granted herein) should result in any damage to such Tract, to the extent that the Association has funds available to do so, the Association agrees to repair such damage and indemnify the Owner for any costs or expenses resulting therefrom. ARTICLE V 5 e e CONVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Purposes of the Assessment. The assessment levied by the Association shall be used exclusively for the ownership, improyement, operation and maintenance of the Common Areas and the Common Facilities located thereon in a manner consistent with other similar deyelopments in Harris County, including, without limitation, (i) the payment of taxes assessed against the Common Areas and the Common Facilities, if any (ii) insurance relating to the Common Areas and Common Facilities, (iii) repair, replacement and additions relating to the Common Areas and Common Facilities, (iy) the cost of labor, equipment, materials, services, management and supervision relating to the Common Areas and Common Facilities. Section 2. Assessments. The third-party property manager (the "Property Manager") hired by the Association shall, on or before of each calender year, (i) fix and determine a budget representing the sums necessary and adequate for the continued operation of the Association during the next calender year, including, without limitation, operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to coyer any deficits from prior years and capital improvements and reserves approved by the Association, all of which shall be specifically set out in the budge, and (ii) send a copy of . the budge to each Member, along with such Member's assessment for the succeeding calender year. The Association, through the Property Manager, shall have the right to supplement the annual budget and assess the Members therefor at any time. The total annual requirements, and any supplemental requirements, shall be allocated between, assessed to, and paid by, each Member based upon the most recent available valuation of each Tract and Improyements thereon as assessed by the Harris County Appraisal District (or its Successor) or the City of , whicheyer assessment may be used by the Association, for ad valorem tax purposes for the preceding year in relation to the value of all Tracts and Improyements within the Development (excluding the Common Areas). The basis for the assessment shall be the same for each Tract. Unless otherwise set forth herein, an Association assessment shall be levied against all Members of the Association to cover the expense of the Association. In addition to the other assessments hereinabove proyided, the Association may adopt a separate annual or special assessment for security and/or a special assessment for any other proper purpose. Any such special assessment shall be assessed against all Members in the same manner as set forth above. Section 3. Due Dates: Duties of the Property Manager. All assessments shall be payable quarterly, in advance, or on such other basis as is ordered by the Association. The Property Manager shall fix the date of commencement and the amount of the assessment against each Tract, and shall prepare a roster of the Tracts, and assessments applicable thereto, which shall be kept in the office of the Property Manager and shall be open to inspection by any Member. Upon the written request of a Member or his mortgagee, the Property Manager shall promptly furnish such Member or his mortgagee with a written statement or the unpaid charges due from such statements, which charge shall be secured by the liens created or reserved under this Article. 6 e e Section 4. Creation of the Lien; Effect of Nonpayment of Assessment; the Personal Obligation of the Member; Remedies of the Association. (a) Declarant of each Owner, for each Tract owned by them, respectiyely, within the Deyelopment, hereby coyenants, and each Owner of any Tract, by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conyeyance, shall be deemed to covenant and agree to pay to the Association such annual and special Association assessments as are fixed by the Association and assessed to the member as hereinafter proyided. (b) If an assessment is not paid within thirty (30) days of the date when due, as fixed by the Property Manager, then such assessment, together with the balance of the annual and special assessments established by the Association pursuant to Sections 3 and 4 of this Article, atthe option of the Association, shall become delinquent and, together with interest at the lesser of (a) prime plus three percent (3%) as determined by the Wall Street Journal and (b) the maximum non-usurious rate permitted by applicable law (the "Default Rate"), all costs reasonably incurred by the Association and the Property Manager, including, but not limited to, reasonable attorney's fee relating to collection of delinquent accounts, shall be secured by a continuing lien upon the Tract owned by such Member against which such assessments are leyied and shall also be the personal obligation of the Owner of such Tract at the time when such assessments are leyied, Such lien shall be prior to all other liens except (i) tax liens, and (ii) the liens of a first mortgage or deed of trust, which is subordinate only to tax liens or other similar goyernmentalliens. Such lien is hereby subordinated to the liens identified in (ii) directly above. (c) The assessments proyided for herein shall be the personal and individual debt of the Owner of the Tract coyered by such assessment. No Member or Owner may exempt itself from liability for assessments except as expressly set forth in this Declaration. The Association may bring an action at law against the Member or Owner or former Member or former Owner personally obligated to pay the assessment, may file and foreclose Gudicially or non-judicially) a lien against the Tract coyered by such assessment in accordance with subsection (d) below, or may do both. In any action, including any arbitration, administrative hearing, court proceeding and appeals thereof, the Association (and the Property Manager) shall be entitled to recover its costs, expenses and reasonable attorney's fees, which item shall be secured by the liens created or reserved under this Article. (d) Declarant and each Owner hereby reserves and grants unto , Trustee (hereinafter referred to as the "Trustee"), a power of sale for the benefit of the Association, and each Owner of any Tract, by acceptance of a deed or other conyeyance therefor, whether or not it shall be expressed in any such deed or other conyeyance, shall be deeded to grant to the Trustee a power of sale for the benefit of the Association to enforce the assessment liens created pursuant to this Article. The assessment liens created pursuant to this Article may be enforced by the foreclosure of such lien against the defaulting Owner's Tract by the Association (i) non-judicially in like manner as a deed of trust or other 7 e e contract lien pursuant to the laws of the State of Texas goyerning non-judicial rights of foreclosure on real property or (ii) in any other manner allowed by the laws of the State of Texas. Specifically, such non-judicial foreclosure may be accomplished in the same manner and by following the same procedures as set forth in Section 51.002 of the Texas Property Code, as same may be hereafter amended from time to time, the terms and proyisions of which are hereby incorporated by reference and made a part hereof for all purposes. In any foreclosure proceeding, whether judicial or non-judicial, the Association shall be entitled to recoyer its costs, expenses and reasonable attorney's fees, which items shall be secured by the liens created or reserved under this Article. The Association shall haye the power to bid on such a defaulting Owner's Tract at a foreclosure sale or other legal sale (with the right to be credited on the amount of its bid in an amount equal all of the indebtedness due and owing to the Association by the Owner of such Tract as of the date of said sale) and to acquire, hold, lease, mortgage, conyey or otherwise deal with the same. In the case of the resignation of the Trustee, or the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the option of the Association (which reason need not be stated), a Substitute Trustee may be named, constituted and appointed by the Association, without other formality than an appointment and designation in writing, which appointment and designation shall be full eyidence of the right and authority to make the same and of all facts therein recited, and the power of sale reserved and/or in this subsection shall yest in the Substitute Trustee the title and powers herein conferred on the Trustee originally named herein, and the conyeyance of the Substitute Trustee to the purchaser(s) at any sale shall be equally yalid and effectiye. Section 5. Liability Limitations. Neither Declarant, nor its officers, directors, employees, agents or attorneys, nor the officers, directors, employees, agents or attorneys of the Association, shall be personally liable for debts contracted for or otherwise incurred by the Association or for any tort arising from the actions of the Association or any Member, whether or not such Member was acting on behalf of the Association or otherwise. Neither the Declarant, the Association nor their respectiye partners, officers, directors, employees, agents or attorneys shall be liable for any damages, including, without limitation, incidental, consequential or punitive damages, (i) for failure to secure or inspect any Tract, the Improyements thereon or the Common Areas or Common Facilities or for failure to secure, repair or maintain same, or (ii) occasioned by any act or omission relating to the repair or maintenance of any Tract, the Improvements thereon or the Common Areas or Common Facilities. ARTICLE VI MAINTENANCE Section 1. Maintenance. The Association, through the Property Manager, shall maintain, operate, manage, insure, repair and replace all of the Common Areas and Common Facilities. The cost thereof shall be an expense funded by an Association assessment against all Owners. Section 2. Perimeter Fences. In addition to the maintenance referred to in Section 1 of 8 e e this Article, the Association, through the Property Manager, shall maintain all perimeter walls or fences separating Tracts from portions of the Common Areas and Common Facilities. As to such fences and walls, the Property Manager shall repair and replace such walls or fences when necessary, and, when necessary, paint the side of such wall or fence facing the Common Areas or Common Facilities. The cost of such painting, repairing and replacing shall be an Association expenses. Painting of the side of such wall or fence which faces the Tract shall be performed by the Owner, Section 3. Access at Reasonable Hours. For the sole purpose of performing the maintenance required by this Article, the Association and its Property Manager, through its duly authorized agents, contractors and employees, shall have the right, on notice, to enter upon any Tract at reasonable hours on any day except Sunday and holidays. Notwithstanding the foregoing, in an emergency situation, no notice need be given and entry may be made on any day at any time. Neither the Association nor its employees or agents shall be deemed guilty of a trespass in performing the activities authorized in this Article. ARTICLE vn INSURANCE Section 1. Common Areas and Common Facilities. To the extent that the Association has funds ayailable to do so, the Board of Directors and the Association agree to and haye the authority to maintain: (a) comprehensiye general liability and public liability insurance in reasonable amounts, as the Board of Directors in good faith determines (but in not event with policy limits ofless than $1,000,000.00), coyering each Association Member, Officer, Director, and agent, if any, against liability for any negligent act of commission or omission attributable to them which occurs in connection with any activities undertaken by them hereunder; (b) In addition, the Board of Directors shall haye the right to obtain fire and malicious mischief endorsements, insuring the facilities on the Common Areas, in an amount equal to their full replacement values; (c) Workmen's Compensation Insurance; and (d) Directors' and Officer's liability insurance, fidelity insurance and other insurance it may deem proper to protect the Association, its members and its property. All insurance premiums for such coverage shall be paid for by the Association and assessed as appropriate to all Owners, which assessments shall be secured by the liens created or reserved in Article V of this Declaration. ARTICLE VIII USE OF PROPERTY 9 e e Section 1. Existing Use Restrictions. The Deyelopment is and shall remain subject to any general and special use restrictions set forth in any existing plat or restriction instrument ("Existing Restrictions"). Any termination, modification or other amendment (if any) of the covenants, conditions and restrictions set forth in and eyidenced by the Existing Restrictions shall be pursuant to and in accordance with the terms and provisions of such Existing Restrictions; and any such termination, modification or other amendment of the Existing Restrictions shall not terminate, amend, modify, alter or otherwise affect the terms and provisions of this Declaration. This Declaration is not intended to be, and shall not be construed or interpreted as, a termination, modification or amendment of the Existing Restrictions with respect to all or any portion of the Deyelopment. Section 2. No Oil, Gas or Mining Operations. No oil or natural gas drilling, oil or natural gas deyelopment, or oil refining, quarrying or mining operations of any kind shall be conducted on the sUIface of any portion of the Deyelopment; and no oil, natural gas or water wells, tanks, tunnel, mineral excavations or shafts, and no derricks or other structures for use in boring for oil, natural gas, minerals or water shall be erected, maintained or permitted (temporarily or otherwise) in or upon any portion of the surface of the Deyelopment; proyided, howeyer, that nothing in this Section 2 shall prevent (a) the Owner of any portion of the mineral estate of any portion of the Deyelopment from (i) exploring for, developing and producing all oil, gas or other minerals in, under and that may be produced from the Deyelopment by any means or methods, including, without limitation, directional drilling, which does not require or result in operations on the surface of the Deyelopment, and (ii) including all or any portion of the Deyelopment in one or more "pooling" or unitization units for purposes of exploring for, development or production of such oil, gas or other minerals; or (b) use of any portion of the Deyelopment for water wells or water storage tanks for the purpose of public water service by a municipal utility district or other governmental body or political subdivison. Section 3. Animal Husbandry. No sheep, goats, horses, cattle, swine, poultry, dangerous animals, snakes or liyestock of any kind shall eyer be kept on any part of the Deyelopment; proyided, howeyer, dangerous animals shall exclude trained guard dogs kept in a fenced area. No kennels or other establishments operating for the predominant purpose of boarding, training or selling animals shall be operated on any part of the Development; proyided, however, that yeterinary clinics or hospitals and pet stores shall not be prohibited. Section 4. Trash and Rubbish. All trash, rubbish, garbage, manure or debris of any kind shall be placed in sanitary refuse containers with tight fitting lids in an area adequately screened by planting or fencing so as not to be seen from neighboring tracts or public or private streets. Reasonable amounts of construction materials and equipment may be stored upon a tract for reasonable periods of time during the construction of Improyements thereon. Section 5. Additional Restrictions. Each Tract shall be subject to the proyisions of this Declaration, the By-Laws and rules and regulations of the Association and the following 10 e e coy en ants and restrictions: (a) Each Tract shall be well-maintained in a safe, clean and attractive condition at all times (including, without limitation, keeping the Tract free of unsightly weeds and keeping grass and other ground coyer, if any, mowed). (b) Any Owner who sells his Tract shall promptly notify the Association, providing the name and address of the new Owner. ( c) The Association shall, at the request of the mortgagee of any Tract, report any delinquent assessments due from the Owner of such Tract. (d) All Association assessments shall be paid when due. ( e) The lease of any Tract or Improvements theron shall be deemed to provide that the tenant and its guests, licensees, employees, agents and inyitees shall fully comply with the conyenants, restrictions, terms, and provisions of this Declaration and any and all rules and regulations of the Association. Each Owner shall be jointly and seyerally liable with the tenant of such Owner for the violation of any of the covenants, restrictions, terms or provisions of this Declaration or any rules or regulations of the association. (f) No oil, gasoline or other such flammables shall be stored in yiolation of any local, state, federal or other goyemmental code or regulation. No such flammables shall be stored in bulk of more than fifty-fiye (55) gallons gross capacity except in a manner and upon such conditions as the Association shall approye in writing in its sole discretion. All underground storage tanks used or installed on any Tract must be designated, installed and operated in accordance with the stricter of the technical standards established in 40 C.F.R. Part 280 or 31 Tex. Admin. Code Sections 334.41-334.45, as both are subsequently amended and revised from time to time. Such technical standards shall apply on the effective date hereof, regardless of the applicable effectiye date established by said regulations. Containment structures, such sas impervious curbing and retaining walls, must be proyided in all areas where oil, petroleum products or hazardous substances (as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended) are used or stored. Such containment structures must be adequate to retain the entire contents of any container(s) located therein, No ponds, lagoons, impoundments, reservoirs or earthen works may be installed or constructed on any Tract for storage, containment or disposal of any materials or wastes. (g) Pursuant to the terms of the Development Agreement with the City of La Porte, storage of shipping containers is prohibited. The only exception to this shall be to allow the temporary loading and/or unloading of shipping containers incidental to the Rail-Warehouse areas or the Light Industrial areas. (h) Additional reasonable rules and regulations may be adopted by the Association from 11 e e time to time and shall be enforceable thirty (30) days after written notice thereof is sent to all Owners. ARTICLE IX ENFORCEMENT Section 1. Compliance by Owners. Eyery Owner, and all tenant and other occupants of Tracts, shall comply with the covenants, restrictions, tenns and proyisions set forth in this Declaration and all rules and regulation which from time to time may be adopted by the Association. Section 2. Failure to Comply. Failure of an Owner (or tenant or other occupant of Tracts) to comply with such coyenants, restrictions, tenns, provisions of rules and regulation shall be grounds for immediate action which may include, without limitation, an action to recoyer sums due for damages, injunctiye relief, enforcement of other rights or remedies set forth in this Declaration or any combination thereof. Any costs and reasonable attorney's fees incurred by the Association shall be assessed against the non-complying Owner (of tenant or other occupant of Tracts) and may be enforced as the personal obligation of the Owner Gointly and severally with any said tenant or other occupant) and/or by a lien against the Tract in the manner set forth in Article V of this Declaration. All rights and remedies of the Association under this Declaration shall be cumulative and the exercise or non-exercise of any of same shall not be deemed a waiver of that rights, or any other right. ARTICLE X GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Priyileges. The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the Benefit of, and restricted solely to, the Association and the Owners. Any Owner may also grant the benefit of such easements, license, right or privilege to his tenants and guests for the duration of their tenancies or yisits, subject in the case of the Common Areas or Common Facilities to the rules and regulations of the Association. This provision is not intended, nor shall it be construed, as creating any rights in or for the benefit of the general public. Section 2. Duration and Amendment. (a) The covenants and restrictions of this Declaration shall run with and bind the Deyelopment and shall insure to the benefit of and be enforceable by the Association, any Member or Owner of any land subject to this Declaration, their respectiye legal representatives, heirs, successors and assigns until , 2046, unless otherwise expressly limited herein, after which time said covenants and restrictions shall be automatically extended for successive periods often (10) years unless an instrument signed by the Members holding not less than seyenty-fiye percent (75%) of the yotes of the Association is filed of record and recorded in 12 e e the Official Public Records of Real Property of Harris County, Texas, changing or terminating said covenants and restrictions in whole or in part. (b) Notwithstanding the foregoing, the easement, licenses, rights and privileges established and created with respect to the Deyelopment by Article IV shall be perpetual, shall run with the Development and shall surviye any destruction, reconstruction and relocation of the physical structures, unless (i) said provisions are abrogated by the unanimous written consent of all the Owners, or (ii) any of said easements, licenses, rights or priyileges are abandoned or are not used for a continuous period oftwelye (12) months in which eyents the easement, license, right or priyilege in question shall automatically terminate. (c) Except as specifically prohibited herein, this Declaration may be amended by (i) an instrument signed by the Members holding not less than seventy-fiye percent (75%) of the votes of the Association or by an instrument signed by the President of the Association attesting that such instrument was approved by Members entitled to yote seventy-fiye (75%) of the yotes of the Association at a meeting of the Members called for such purpose, or (ii) any Supplement Declarations recorded by the Association. Any amendment must be filed of record and recorded in the Official Public Records of Real Property of Harris County, Texas to be effectiye. Notwithstanding any of the foregoing, no proyision of this Declaration may be amended if such provision is, at the time of the proposed amendment, required to be included in this Declaration by any applicable govemmentallaw, statute, code, ordinance, rule or regulation. The foregoing sentence may not be amended. Section 3. Disposition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Areas and Common Facilities if same have been conveyed to the Association, shall be dedicated to an appropriate public agency or utility to be deyoted to purposes as nearly as practicable the same as those to which they were required to be deyoted by the Association. In the eyent such dedication is refused acceptance, such assets shall be granted, conyeyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be deyoted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any right or title to any Member yested in him under the licenses, coyenants and easements of this Declaration, or under any subsequently recorded coyenants and deeds applicable to the Development, unless made in accordance with the proyisions of this Declaration or said coyenants and deeds. Section 4. Estoppel Certificates. Upon request by an Owner and within fifteen (15) days of such request, the Association shall provide an estoppel certificate to an Owner setting forth the status of such Owner's Tract relating to the proyisions of this Declaration and the assessments of the Association. The Association may elect to charge a reasonable administratiye fee to provide such certificates, 13 e e Section 5. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to haye been properly giyen and received when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Any notice shall be deemed given and receiyed if mailed as proyided in the preceding sentence, notwithstanding the failure of the intended recipient thereof to accept, pick up or give receipt for same. Section 6. Administration. The administration of the Association shall be in accordance with its By-Laws and Articles of Incorporation. Section 7. Seyerability. Inyalidation of any of the coyenants, limitations or proyisions of this Declaration by judgement or court order shall in no way affect any of the remaining provisions thereto, and the same continue in full force and effect. Section 8. Enforcement. The Association shall be entitled to recoyer the costs of enforcing the proyisions of this Declaration and rules and regulations of the Association against any Owner, tenant and occupant, including, without limitation, reasonable attorney's fees and the costs of legal action taken by or on behalf of the Association, and reasonable attorneys' fees and costs oflegal action for appellate proceedings, actually incurred by the Association in connection therewith. Such costs shall be recoyerable by means of assessments against any defaulting Owner, which assessments shall be enforceable in any manner proyiding for in Article V of this Declaration. Section 9. Texas Law. In construing this Declaration, and with respect to any action hereunder, the laws of the State of Texas shall apply. Section 10. Preyailing Party. In any action between the Association and the Declarant concerning this Declaration, the preyailing party shall be entitled to recoyer reasonable attorneys' fees from the other party. Section 11. Transfer of the Declarant's Rights. At such time as the Declarant no longer owns or manages any portion of the Development, all of the Declarant's rights, powers and privileges under this Declaration automatically shall be transferred to and yested in the Association. Section 12. Liability of Association. Any liability of the Association which may arise under or in connection with this Declaration and/or the Deyelopment shall be a liability of the Association and not the personal liability of any officer, director, shareholder, employees or agent of the Association. Section 13. Effectiye Date. This Declaration shall be effectiye upon its recordation in the Official Public Records of Real Property of Harris County, Texas, 14 e e Section 14. Existing Improvements. Notwithstanding any provision of this Declaration to the contrary, all Improvements existing on the Development at the time that this Declaration is filed of record and recorded in the Official Public Records of Real Property of Harris County, Texas shall be deemed to be in compliance with this Declaration, Section 15. Counterparts. This Declaration may be executed in counterparts, each of which may be executed by one or more parties and shall be considered an original and all of which together shall constitute one document. Section 16. Conflicts. Should there be a conflict between the Deed Restrictions and the Development Agreement, the terms of the Deyelopment Agreement will control and the Covenants and Restrictions shall be subservient. 15 e e This Declaration of Covenants, Restrictions, Easements, Charges and Liens for was adopted by this instrument, signed by the Owners of all of the Deyelopment at the time of its adoption and shall run with and bind the development until a date certain in the year 2049. DECLARANT: ,(1/1 IOOIf' TiE r? ~ .<. r..D . M-Po/frG: g:'2, A. r...D /..ff fO R7G 1'/ S '-- r..b BY:~ Name: S-7-{/~"z:r /7A y...u.r tv" /1Tfi Its: G eN'Gm".4-1.- p~l'?rA/En.- EXISTING OWNERS: ..c. A- ,Pq /l 7Y~. ~ I" I.. r- LJ A/1 Pd~r€. 82, A:,r-D M Parr 7C / /'..s-,. ;tCrD_ By -11-1P~ Name:' S{'?:/,q~ //A?/l/S'Gc(J"I'~'77Y Its: 4 cN't;/2"A If- PAP? rA/~ By: Name: Its: By: Name: Its: 16 e e STATE OF ~t!t:s COUNTY eF ) htt 12-0 By: Name: Its: ~ ~ ~ TIllS INSTRUMENT was acknowledged before me on the 20~by I ~~-r~ufJO P rf ' a ()Orpoftlti6;:-e;j../f'r~~..r/// to oS . day of () . , onb~ ~Lb 111 lj. JL {ll.NU /l Pn Q Name of Notary ~ My Commission Expires: p /c;.&Jo4 ~ ~ ~ STATE OF COUNTY OF TIllS INSTRUMENT was acknowledged before me on the _ day of 20_ by , a on behalf of said corporation. Notary Public in and for the State of Texas Printed Name of Notary My Commission Expires: 17 e SCHEDULE" TO EXHIBIT " " " FORM OF APPROVED BY-LAWS 18 e e SCHEDULE" TO EXHIBIT " " " LIST OF TIllRD PARTY OWNERS 19 e e SCHEDULE" TO EXHIBIT" " " COMMON EXPENSE BUDGET 20 e e SCHEDULE" TO EXHIBIT" " " RESTRICTIONS 21 e e e PROTECTIVE COVENANTS This conveyance is made with the restrictions and upon the coyenants hereinafter set forth, hereinafter referred to as "Protectiye Coyenants", which shall be coyenants running with the Property, binding upon and observed by Grantee and Grantee's successors and assigns as they may acquired an interest in the Property, The terms "Building Site" and "Parcel", as used hereinafter, shall mean any subdivided, platted lot or similar parcel of land within the Property, The term, "Premises", as used hereinafter, shall mean buildings, improyements and appurtenances, and landscaping. 1. Permitted Uses. The Property shall be used solely for one or more of the uses shown on the approyed General Plan for Texas Import/Export Park and further described in the Deyelopment Agreement with the City of La Porte, Texas. Should there be a conflict between the Protectiye Covenants, Special Conditional Use Permit and/or the Deyelopment Agreement, the terms of the Deyelopment Agreement will control. 2. Prohibited Uses. The following operations and uses shall not be permitted on any portion of the Property: (a) Any use that this offensive by reason of odor, gas, fumes, dust, smoke, noise, pollution or vibration, or that otherwise constitutes a nuisance or is hazardous, dangerous or unsafe; (b) Commercial excavation of buildings or construction materials (but excluding excavation in connection with construction of improvements on the Property); ( c) Dumping, disposal, incineration, or reduction of garbage, damage, dead animals, or refuse, or the construction or operation of water or sewage treatment plants or electrical substations (excluding such plants as may be operated by public utility companies or by utility or similar districts providing services to the Property); (d) Smelting of iron, tin, zinc or other ores; or refining of petroleum or its products; (e) Storage in bulk of junk or used materials; and (f) Residences of any kind, including, but not limited to, single or multi-family, apartments or condominiums in Section One. Any other activity or use which in the reasonable discretion of the Grantor is obnoxious to, or out of harmony with, a first-class office and industrial land development shall not be permitted on any portion of the Property. Trash, garbage, or other waste shall not be kept except in sanitary containers. All trash, garbage or other waster shall be removed no less often than once e e per week. No use shall be permitted which is in violation of the laws of the United States or the State of Texas or any subdivision thereof. Written approval by the Grantor of a particular use shall be conclusive evidence of compliance with Section 1 of these Protectiye Coyenants to the extent that such use is not in yiolation of any law or ordinance. The Grantor shall not be liable to any person in respect of any use for which the Grantor has in good faith granted such approval. 3. Architectural and Design Control. Construction or alteration of any building within the Property shall meet the standards set forth in these Protective Covenants and any reasonable guidelines from time to time established by the Grantor. All further subdiyision of the Property (that is, the subdivision or diyision of any single parcel original conveyed by Grantor into two or more Building Sites or Parcels), and construction on and deyelopment within the Property, shall be subject to the approval of the Grantor, which approyal shall not be unreasonably withheld, delayed or conditioned. No building or other improyement shall be constructed on the Property, and not exterior changes shall be made in any building or improyement which may hereafter be constructed thereon, until two (2) sets of the plans and specifications therefor (including a site plan, exterior elevations, colors, construction materials, structural design plan, grading and drainage plan, site landscaping and irrigation, all exterior lighting, site signage, plans for otf- street parking of vehicles, and utility layout) have been submitted to and approyed in writing by the Grantor. Such approval process shall extend to type and quality of materials, harmony of exterior design and colors with existing structures on the particular Building Site or in the area and location with respect to topography, and finished ground eleyations. The Grantor may from time to time establish reasonable development guidelines and standards for site planning, architecture, construction, building materials, sidewalk and landscaping; traffic management for truck and rail, and if and when such guidelines and standards are established, and copies thereof proyided to Grantee, the same shall be used as the basis for reyiew and approyal or disapproyal of plans and specifications. The person or entity submitting plans and specification for reyiew shall be adyised in writing of (i) the approyal thereof by the Grantor, or (ii) the segments or features thereof which are deemed by the Grantor to be inconsistent or not in conformity with these Protectiye Coyenants and said guidelines and standards, if applicable. If, within fifteen (15) days after the receipt of such plans and specifications by the Grantor, written notice of or objection to features thereof is not given, the approval of the same by the Grantor shall be deemed to have been giyen. All improvements on the Property shall be built substantially in accordance with plans and specifications as the same may have been giyen. All improvements on the Property shall be built substantially in accordance with plans and specifications as the same may haye been given. All buildings on the Property shall be built and all other improvements thereon shall be made substantially in accordance with plans and specifications as the same may haye been finally approved by the Grantor. Notwithstanding the Grantor's failure to either approye or disapproye the plans and specifications for improvements to be constructed on a Building Site, no improyements or buildings shall be constructed on any Building Site unless all aspects thereof meet all the requirements of these Protective Coyenants. All buildings in the Property shall haye exterior walls of face brick or of exposed aggregate concrete and/or glass or of equivalent, permanent, architecturally-finished material to finished grade. No building shall be covered with sheet or corrugated aluminum, asbestos, iron or steel. When a construction material is specified herein, another material may be used in lieu thereof, provided e e such material is determined by the Grantor to be equivalent of, or better than, said specified material. The Grantor shall not be liable to any person under any theory or under any circumstances in connection with the approyal or disapproval of plans and specifications, including, without limitation, any liability based on soundness of construction, adequacy of plans and specifications or otherwise. Further, in the development of any Building Site and in construction of improvements thereon, the owner of a Building Site must comply with all applicable law, rules, regulations, zoning ordinances, building codes and governmental requirements, including, without limitation, those related to the installation of sidewalks and similar amenities, hazardous chemicals, and fire and safety codes and standards. 4. Landscape Installation. Landscaping, underground irrigation and berms generally for all open, and as practicable within Section One, unpayed spaces within a Building Site, including, but not limited to, the area of a Building Site (the "Landscape Setback"), and side and rear building setback areas, shall be installed by the Building Site owner, at its sole cost and expense. Such landscaping shall include, without limitation, yisual screening required by these Protectiye Coyenants. Installation of the required landscaping and irrigation within a Building Site must be completed within thirty (30) days following the occupancy or substantial completion of any building, whicheyer occurs first, subject to reasonable extensions for a period of time equal to the duration of delays caused by fires, act of God, shortage or labor or materials, strike, lockout, casualty, or other conditions beyond a person's reasonable control ("Excusable Delay"). If such required landscaping and irrigation is not timely installed the Grantor may cause the same to be installed at the expense of the Building Site owner, in the same manner and with the same effect as if such installation were maintenance required by Section "15" below. 5. Landscape Maintenance. The owner of a Building Site shall, at its sole cost and expense, maintain all landscaping, berms and irrigation required by these Protectiye Coyenants to be installed by the owner of a Building Site. No excavation shall be made on, and no sand, gravel or soil shall be removed from, the Building Site, except in connection with the construction of improyements thereon, and upon completion thereof, exposed ground openings shall be backfilled and disturbed ground shall be graded, leveled, and payed or landscaped. Adequate erosion control shall be maintained during construction on a Building Site. All storm water falling on a Building Site must be collected on-site into subsurface drainage structures which must discharge into a storm sewer or other drainage facility approved by the Grantor and which complies with applicable laws and regulations. 6. Setbacks. Minimum building/improyement and parking area setbacks shall be as follows (measured at right angles from the property line and shall conform to the standards of the City and/or as established on approved plats.): Building/lmprovements Parking Area All Public Streets Side Building Site Line e e Real Building Site Line The Grantor may relax setback requirements with site plan approval of City where necessary or desirable to accomplish a more effectiye and compatible land utilization. No building or other structure, including, without limitation, fences, shall be erected nearer to any street or to Building Site side or rear property lines than is permitted by the applicable setback lines herein established or by City ordinance, 7. Parking Requirements. Adequate automobile parking spaces, including, without limitation, spaces for employee, customer, yisitor, and handicapped parking, shall be proyided on each Building Site and all such parking areas shall be internally drained, curbed, and permanently surfaced with concrete or asphalt. Minimum parking requirements/spaces shall be as follows, but in no case less than required by City ordinance: Use Spaces Office 3.5 spaces per 1,000 gross square feet or building area. IndustriallBulk Warehousing 1 space per 5,000 gross square feet of building area. Manufacturing 2 spaces per 1,000 gross square feet or building area. Access and Driyes (internal) shall conform to proyisions of SCUP. Design and construction of parking areas should proyide for a reasonable mix of full size, mid- size, compact size, and disabled or handicapped parking spaces. No use shall be made of any Building Site or any improvements constructed thereon which requires parking in excess of the capacity of the facilities maintained for parking on such Building Site. Parking will not be permitted on any street or at any place other than designated parking areas shown on the plans and specifications approved by the Grantor, and the owner of each Building Site shall be responsible for compliance by its respective tenants, employees, and yisitors with the parking requirements of these Protectiye Covenants. The owner of each Building Site shall, at its expense, cause to be installed and maintained, in compliance with applicable law and reasonable standards established by the Grantor, adequate no-parking and other traffic control signs on public streets adjacent to such Building Site. All parking areas shall be screened from public view with approved fencing, or berms and shrubs of type and species and in a manner approyed in writing by the Grantor. Unless otherwise approyed in writing by the Grantor prior to construction, parking will not be permitted in front of any parking setback line. To the extent that appropriate goyernmental authority may from time to time require more parking spaces than those required by these Protective Covenants, such goyernmental requirements shall control, but the minimum parking requirements established by these Protectiye Coyenants shall neyer be reduced except by prior written approval of the Grantor, e e 8. Loading Docks, All loading docks must be screened as practicable in a manner approved in writing by the Grantor. The Grantor may approve in writing plans for loading docks which front on a street, provided such loading docks are at least sixty (60) feet from the front property line and screened in a manner acceptable to the Grantor. 9. Screening. (a) No articles, goods, materials, incinerators, storage tanks, refuse containers, or like equipment shall be permitted in the open or exposed to public view, or yiew from the ground floor of adjacent buildings. If it shall become necessary to store or keep such materials or equipment outside of the building, they must be screened from yiew by a screen of a height at least equal to that of the materials or equipment being stored, but not less than eight (8) feet in height. Adequate screening must also be provided to shield such stored materials and equipment from yiew from the ground floor level of all adjacent buildings. All storage shall be limited to the rear two-thirds of a Building Site and under no circumstances shall any materials or equipment be stored between the Property lines of a Building Site and the applicable building setback from any street. Water towers, storage tanks, processing equipment, stand fans, skylights, cooling towers, communication towers, vents, roof top mechanical equipment, parapet walls and any other structures and equipment on a Building Site or on the improyements thereon must be architecturally compatible (as determined by the Grantor) or effectively shielded from view by an architecturally sound method approved in writing by the Grantor. All utility and service system components and trash pick-up stations must be integrated with the building they serve or must be screened by a fence or wall of compatible materials approyed in writing by the Grantor and must not be yisible aboye such screening. Ground or pad mounted equipment, such as power transformers and air conditioning equipment, shall be screened from yiew by fencing or landscaping, all of which must be approyed in writing by the Grantor. No boats, boat or similar hauling trailers, campers, horse trailers, buses, inoperative vehicles or any kind, unmounted camper bodies, boat rigging, or other vehicles or associated equipment of a recreational or commercial nature shall be parked or stored for any period of time on any Building Site unless properly screened from public yiew in a manner approved in writing by the Grantor. All retail sales equipment, fixtures and merchandise shall be displayed only in the interior of a building, unless otherwise approyed in writing by the Grantor. (b) Without limiting the generality of the foregoing provisions, all truck courts which face Powell Road and State Highway 146 will be screened with appropriate berms and landscaping. 10. Utilities. No outside pipe, conduit, cable, antenna, or line for water, gas, sewage, drainage, steam, or utilities of any kind, shall be installed or maintained above the surface of the ground within any Building Site, unless otherwise approyed in writing by the Grantor. Electricity or any other energy or service may be installed above ground only with the prior written approyal of the Grantor. 11. Exterior Illumination. Exterior illumination, if such is to be proyided, shall be designed to light only buildings, parking areas and walkways and shall not produce glare on adjacent streets or land. All ground leyel floodlighting fixtures shall be depressed or screened from public view in a manner approved in writing by the Grantor. Parking area lighting, arcade e e lighting and all other illumination shall be subject to the written approval of the Grantor, 12. Signs. Consistent with the terms of the Deyelopment Agreement, signage for the track shall be uniform and shall follow a consistent design throughout the development. A sign consultant or other qualified design professional shall be utilized to develop such uniform and consistent signage plan throughout the tract and the plan that is deyeloped shall be approyed by the City of La Porte and be enforced throughout the tract by the Association. No deyiation in signage shall be permitted except by recommendation of the Board of the Property Owners Association (Association) and approyed by the Planning Director of the City of La Porte upon such recommendation. Consistent with this proyision, prior to erecting any sign, detailed drawings and specifications for such proposed sign, including, without limitation, site information signs, shall be submitted to the Grantor for its prior written approyal. The design and material of every sign on the Property must be approyed in writing by the Association. Unless otherwise approved in writing by the Grantor, all signs must be attached to a building, parallel to and contiguous with its wall, and must not project aboye its roof line. No mobile or portable sign and no sign with flashing lights or moving characters, or designed to imitate moving lights or flashing characters, shall be permitted. No signs may be painted on buildings or other structures unless otherwise approved in writing by the Grantor. No sign (other than traffic control signs and informational signs erected by or with the permission of the Association) may be erected in any street right-of-way or other easement. With the prior written consent of the Association, temporary signs may be erected in the setback areas of a Building Site for the sole purpose of adyertising the leasing of the Building Site or businesses to be conducted thereon, or the sale thereof, and such signs may be larger and of a different character than permanent signs. All temporary signs must be remoyed when the principal building on the applicable Building Site is substantially leased or sold. If, at any time, the purchaser, owner, user or lessee of any Building Site shall be in violation of this Section 12, the Association, without being deemed to be guilty of a trespass and without being otherwise liable to such purchaser, owner, or user, lessee, or any other person, may enter upon the Building Site or any part thereof and may remove any sign not complying with the Section 12 or not preyiously approved as herein required. For purposes of this Section 12, together with interest thereon from the date the costs are incurred until repaid at the maximum nonusurious rate of interest allowed by applicable law, shall be due and payable by the owner of the applicable Building Site upon demand. The repayment of such sums shall be secured by the mechanic's lien created by Section 15 below as if such costs were incurred in performing maintenance on such Building Site. All approyals by Association, required by this Section 12 shall not be unreasonably withheld, conditioned or delayed. 13. Temporary Structures. No temporary building or structure other than construction offices and structures related to construction shall be installed or maintained on any Building Site. All temporary structures used for construction purposes must receiye prior approyal from the Grantor with regard to location and appearance, and must be removed promptly upon substantial completion of construction of the building or improyement to which they relate. 14. Easements. No structure shall be erected on any easement within the Property, and no improyement may be placed within such easements, without prior written approyal of the e e Grantor and the holder of such easement rights. Easements may be crossed by driveways, parking areas, landscaping, and walkways upon receipt of the prior written approval of the holder of such easement rights and provided appropriate measures are taken to protect the pipes, lines and installations within such easements, 15, Maintenance. The owner or occupant of any Building Site shall keep the Building Site, premises, buildings, improyements, appurtenances, sidewalks, berms and landscaping thereon, in a well-maintained, repaired, safe, clean and attractiye condition at all times. If, in the reasonable opinion of the Grantor, any such owner or occupant is failing in such obligation, the Grantor shall give such owner or occupant, or both, notice of such fact and such owner and/or occupant must, within seven (7) days after such notice, undertake repair and maintenance required to restore said owner's or occupant's property to a safe, clean and attractiye condition. Should any such owner or occupant fail to fulfill this duty and responsibility after such notice, then the Grantor shall haye the right and power to enter upon such Building Site through its agents, without liability to such owner or occupant (or any occupant, tenant, inyites, customer, or licensee of such owner or occupant) for trespass or otherwise, and, to perform such repair and maintenance, and the owner or occupant (or both of them) of the Building Site on which such work is performed shall be personally liable for the cost of such work and shall upon demand reimburse the Grantor for the cost thereof. If the owner or occupant shall fail to so reimburse the Grantor within ten (10) days after demand, such cost shall be a debt of such owner or occupant (or both of them), payable to the Grantor and shall also be secured by a lien against the buildings and improvements on the applicable Building Site. Such lien shall be subordinate and inferior to any lien granted to an unrelated third party by an owner of the Property for the purpose of securing loans for the purchase of or improyements to the Property. The duty and responsibility imposed by this Section 15 shall be over and aboye any maintenance which may otherwise be performable pursuant to these Protectiye Coyenants. All sums adyanced by the Grantor pursuant to this Section 15 shall bear interest at the maximum nonusurious rate of interest allowed by applicable law from date of adyance until repaid. 16. Enforcement. Enforcement of these Protectiye Coyenants shall be by proceedings at law or in equity against any person or entity yiolating or attempting to violate any covenant, either to restrain or prevent such violation or proposed violation by an injunction, either prohibitiye or mandatory, or to obtain any other relief authorized by law. Such enforcement may be by the owner of any interest in any land affected hereby, the Grantor, or anyone or more of them. The legal fees incurred by the Grantor in the enforcement of these Protectiye Coyenants or any other sum to be paid pursuant to these Protective Covenants shall be paid by the person or entity against whom enforcement is sought should the Grantor preyail in such action. 17. Validitv. The inyalidity or unenforceability of one or more of these Protectiye Coyenants or any part or parts of any Protective Coyenants in any instance or as applied to any particular situation shall in no way affect or inyalidate the other Protectiye Covenants or parts thereof or the application thereof to other circumstances, but, to the contrary, all Protective Coyenants shall remain in full force and effect during the term herein specified and any extension thereof to the full extent and to all circumstances which may be legally enforceable. e e 18. Term. These Protective Covenants shall bind the Property for a term of years ending January 1,2049 after which date these Protectiye Coyenants shall be automatically extended for successive periods often (10) years each; proyided, howeyer, at any time within said initial term of these Protective Covenants, the same may be altered or amended, but not terminated, by a written declaration signed and acknowledged by then owner of not less than 75% of the land described on Schedule "1" to this Exhibit "---.:.' (the "Benefitted Land"). During any extension term of these Protective Coyenants, the same may be altered or amended by a written declaration signed and acknowledged by the then owners of not less than 51 % of the land area contained within the Benefitted Land and recorded in the Real Property Records of Harris County, Texas. Nothing in this paragraph shall be construed as requiring the joinder of any mortgages or lessee of any property in any declaration or action to alter, amend or extend these Protectiye Covenants, These Protective Covenants may be canceled at any time by a written agreement signed and acknowledged by the then owners of all the land area within the Benefitted Land, which agreement shall be filed in the Real Property Records of Harris County, Texas. 19. Severability. Invalidation of any one of these Protective Coyenants shall not affect any other of these Protectiye Covenants, which shall remain in full force and effect. 20. Notices. Any notice sent to any owner of a Building Site pursuant to these Protective Covenants shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears on the records of the Grantor as owner of the applicable Building Site at the date of such mailing. 21. Variances. The Grantor, its successors or assigns shall haye the right on behalf of all land now or hereafter subject hereto to waiye in writing minor yariances of any Protectiye Coyenants where the same is, in the judgement of the Grantor, its successors or assigns, beneficial to the Property, whether or not such yariance or yariances are in existence or are prospective. 22. Additions. The Grantor may from time to time, at the Grantor's sole discretion, add or annex additional land to these Protective Covenants. Such addition or annexation shall be accomplished by the execution by the Grantor and filing in the Real Property Records of Harris County, Texas of an instrument setting forth the land to be added or annexed and subjecting the same to the Protective Covenants. 23. Non-Uniformity. These Protectiye Covenants may not be identical to the protectiye coyenants which the Grantor may now or hereafter impose on the other Benefitted Land or on other property owned by the Grantor alone or with others in the vicinity of the Property. Howeyer, such nonuniformity shall not affect the yalidity and enforceability of these Protectiye Coyenants as to the Property, and further, these Protective Coyenants shall not be extended by implication to any other land other than the Property. 24. Conflict with Deeds of Conveyance. If any part of these Protective Covenants shall e e be in conflict with any covenant, condition or restriction within a preyiously recorded deed of conveyance to any portion of the Property, the covenants, conditions or restrictions within such prior dead of conveyance shall goyem, but only to the extent of such conflict. Where certain rights are reserved by the Grantor in these Protective Coyenants, the Grantor reserves the right to make certain modifications therein as necessary in deeds of conyeyance, in which case the terms of the deeds of conyeyance shall preyail. However, in no eyent shall any conflict herein take precedence oyer the terms of the Deyelopment Agreement. 25. Succession. Grantor may at any time transfer and assign its rights and duties under these Protective Coyenants to another entity or person ("Grantor's Successor") by recording in the Harris County Real Property Records a written assignment to such effect. Upon such transfer and assignment, Grantor's Successor shall hold, posses and exercise all of the rights, powers and duties herein reserved by Grantor. Additionally, Grantor shall haye the right at any time to resign and release its duties and rights under these Protectiye Coyenants by recording a written resignation in the Harris County Real Property Records and by mailing a copy of such resignation to each owner of the Property at their most recent address according to the records of Grantor. I- (fJ =6 ~ ==f m :c ~ ~ ad, ~ (j) 1Qj :Jj m IF ~ ~ = ~ )P JJ ~ C m ~ m z 9 ~ o z '" o .\1) rrtm ~z @w ~ ~ ~~ 1\0 ~m ~ ~ z (fJ ~ r- m .. "'" II Ct) a 'Y1 m w :D c: ~ -< !\> I (D i. .lHOdX:! ~r ..o~~ '~ \ - ~ :!I ~ fTl \%:::0 gz )0- 0 0 ~ >rt1 '-" n m c: rt1 ~(J) , ........~ ' IT1 II ........:::0 ;0 0;$\ II "tJ !Z! · en (J). "tJ )0- ~ - 8 --- :::0 IT1 en ::UITI ~~ r - 92 '-" . G) II a ~ - ::0 fTl (J) :u ITI. ~ :::0 ~ ;i; r :I ~ , , i1 1 , 1 i~ 1 t 'IA , ~ :::0 () fTl ITI en ........fTl ::0 ~ ~ ;0 ~ :I o 0 c: II cn ITI ~ - G') o '-" ::0 fTl moen c: ::!I IT1 !l! ~ ::u z () < ITI ITI m f:J........ :I '1J II 3^'UQ 1:::0 CIT1 -Ulr(J) :U' =f fTl 1<.11;0 ~~~~ r= . -<; ,... OJ .::;. ~ :r: > :D -I mo ""z < P=: m m i: en o :!I ::u ~ rt1 ........~ ::u ~ ~ S! :I o ^ c: II en ITI > o :H::u ~rt1 en ........rt1 :e;O ~~ S! II gfTl ffl -:t ~ .~ ..... -A OJ ~ :r: >- :u .... mo ""z < p~ m m 5: en OJ 'I ~ 'I hi ::u ::ofTI ~~ ~ 1I r:x: II ~ _0 ~~ ar- ~ ~=t -~ :::0 I olT1 ~~ ::j;$t I ~.. R '-" ;0 fTI (J) ;ofTl ~;o ~~ r , \[ , i \ 1I G) . o :!I::o OfTl men ........fTl :e::::tJ ~~ S! I OfTl c: :I (I) ", - !l!! '-" ---. ID ~~ ~ ~~ ~~ ~ ITI r-Z Ci) cHil ~ ~ti z~c""r.t oz-o ~(:1~~~ ::0 ::01"1::0 c;3lC:>1Il "U2~~2_ ~1:2::o~_ 8~i!!~~ >JII'il-<c ~~BSil~ ~~ii1~~ . _Z >%1;) "1 ~~oc c~i!~ o ~o :J!;;!;o% !ilOZ!:( g~8~ '1JZo gs:~~ 1:::1%::0 !2! (:1::0 ~2 ~ ~~~~ ::OclTl- 0>2111 :S:...f. E: cc > (:1 E:: ~ e "U I; -t z ~ ~: ~ o ::u 2!= z :. ~ "- ~ ::i i 2 ~ :z J!l H- t.) ~ ; ID ::i ~~ 2 ~~ ~!iI 1TI1T1 v . Wft(0) ~'-...J~~'~ -'" ~; "'" :"" .\:'- FRlM : Hcrthrull Associates. PI-DE NO. 713 463 5B3'3 e Feb. B3 1999 B3:B2PM P22 bhlbft G [IDrn&~1f DBAFI' TBAFP1C CONI'llOL PLAN TEXAS IMPORT-EXPORT PARK AD Appnmmate 292-a.cl'e Mb:ed U3e DevdopmeDt La Porte, Tau A commercial mixed use project 1& to be constructed within & PUD zoninS district in the CIty at La Porte. Taas. This projca known as TCJ:M ll1fJ1Orl-E:qHm.Prri (Project) combines II a planned community. a 1W1 rmgc of1JSCS &om multifiImily to rail- serw:d iDdusuiaI. Punwmt to the edoptiOQ of & Special Condfdonal Use Permit (SCUP) by the City. this do~II"'~nt is to provide gwDmlV"\'l as to the comol ofimemal and extcmaI autoMobile and trudc trafDc: generated by the Project. W1iiIc the General Plan for the Project generally desipates the various ~ by ordinanec ead1 individual building .ar development me wiD ~uirc fbrther Site Plan reviGW. That review prOcess wiD, therefore. inclUde an expausion of the Tnflic Control Plan to addreu site specific issues particular to that U$C or plan lI$ an addendum to this doc:umc:ot. The goal otthe Traffic Control Plan is to insure the efficient flow oftraftL: to and &om and ..adthin tba Prcject in a marm8l" that will JJ1inimi7a additional adverse impacts to the GlldstiDg thorcugbDra system of the area. It is intended that the guidanc:c establi$hcd h~ $ban be cnfbrc::cd by the Project Propc:rty Owuer3 A:Isclclarlon (A3s0ciation) with oversight by the City. 'Ibis E9tid,.nt!C is to be used io the preparation of development site plaua as weI1 as the implemcmtation of operational patameters for internal control of all'vehicular traffic by the Owner-Developer and assigns. including project managers. tenants. and subsequent individual site owners or ba,,;~. The site i& serwd by a controDed access principle: arterial. State Highway 146. with a. planned interchange at Wharton Weems Boulevard, a planned 4-lane collector str~ b~ the Project and turning into PaweD Road as a parallel tacility to S.R 146. Due to the n:lativdy limited service area. oftheWhartcn Weems-Powell coonectiou, it will more than adequately accommodate anticipated traDic generated by such a Project. ~ p""t'I"'~ teoaats, and business owner-opend:ors ue to provide routlos in.stnictlona fot all traffic serving sites within the Project. This sball include employees, company tnJcb and ""hic1~ QJ5tom~ Q01ca, vendors or regular contractors making rcpeti~ deliveries. TRAFFIC CONTROL GUIDELINES The funowUtg initial guidc1ines address the essential initial issues of tra:fIk: eontrol :relative to the Project and may be amended as more detailed plauning and site sp4Sci5e iaucs dc:vclop. lof2 ~ : t-lcrthrup Flssccia1:es . u),i) !\ ~ f'C!'t.. - r _ ,_ Aii<-. " I:' DL."''' . t:.' . PH:JH: HJ. : 713 463 5a39 e F e.b. 93 1999 93: a:3flI'1 P23 lliill~~~ All Project pDentcd traffic sIIaD he directed to m:reu ud egress tile lite at the s.B. 146-Wlw1oD Weed1I Blvd. mt.a'Hctloa. Every drort Is tD be made m discoarap Of' prevent tramc to o..lroDl Paimllmt Parkway. Jatena1 tnmc .. to also be dJrec:ted 'to the s.B. 146-Weem. mtersectiGa, espedaUy 1nIck cnmc. Site plan desisn where practicable shall utilize commo.a ~)'1 md enJA access easemems (drlvea) between sites to filcilitatc quality and effective h2ter.DaI traf5c f1ow~ QrwIation within the Project. Driw:ways, especiaIly to S. R 146. shall bo minimized to the extent practicable and witbia -- the limits JbItcd within tbc SCUP. Each building Bite must be allowed a& least ona driveway if" requested. but abarlng of driveway$ should be e:accmagcd aa a policy. I..oc:at:ico or driveways opposite each other along Wharton Weems Blvd. sbcuJd be euCQumg~ partiaJlarly where esplanade openings might exist. Driveways along Powell Road shaD be designed and signed accordingly to DciJitate the flow of truck traffic toward the S.H. 146 imCQCCtion. A driveway design that ~uld p~t truc:k traffic to the. north toward Fairmont Parkway is to bo rrenvlsttcd. except 1br thOae destined to J3cllities that may exist south ofFairmcmt l'ukway. Esplanades, esplanade openings, iDduding left turn 1ane~ and driveway curb retums shall be desigued to safely ~mmodate truck trafl:ic witb minimum impacts on other roadway trame. Where possible and ~~e considenUion sbaII be given to the $Cp8nltion of .automobile and truck entraru:es.driveways and parking. All aspects of traftic desisn discussed ha'cin, inclucfmg but not limited to geometric design, traffic si~ and sbndards shall conform to the applicable provisions ofthc City Cede ofOrdinan(',es. the Texas Manual on Uni:fbrm Traffic Control Devices. and recommendations and standanb of the traffic industry (AASHTO). Jtx'1uded mr infonnation purposes only are examples oftrafBc eontrol devices and designs that illustrate potential SOlutiODS to various conditions discussed above. A "thorough engineerina 1IDaly$is ortlle Project will include more detailect stUdy o/thae traffic issues and will be incorporated into this document.. 2ot2 FRCIM : Hcr1:hrup ASSCcia1:es . PI-D€ HJ. : 713 46J 5a39 e F e.b. B3 1999 83: 4SR1 P2 '. ~~&~t\ .c MtllMtlIIS FOR nuc;1CS TO IlAHUEVtfl urea OR OUT Of IEtn'HS. . I i ...t I I I I 1 I I I LENGTH OF ; 1"dlU OF' . APRON S'AC! TRACTOR- REQ1JIRED TRAILER ' lit FEET IN FEEl' III FUr lU rM w If) 46 a5 I~ ~ H 4~ /0 ~J 40 IE #I- 14 tt/2 IQ U 45 /4 # /1- . 44 I" S 50 /3 .:n; . .. . PI S$ LOADIHG DOCk DIMENSIONS FIClJRE 7-8 1..15 FRIJM : Harthrup Assccia1:es ! PHH: 1'1:1. 713 463 5a:39 e Feb. B3 1999 B3:49Ft1 P3 (... , Design of Se~Y1ce Vehicle Facilities Rear lo~d1ng/unload1ng is much more efficient and convenient th~n side loading. The truck circulation pattern and loading dock position should be ill ill ili.W ~ designed for a left side back-in ataneuver (see Figure 7-6). 'this allows the driv.aT to sight a1'ong t.he left side of the veh1.cle wtien backing. The . . apron sp~ce (see figure 7-7) should be adequate to allow the truck.to back " in and pull in one maneuver. When sem1-tr~ctor-trailer combinations may be expected the ',lB-50 vehicle (50 ft. eighteen wheeler) should be used far design. D1mension~ for 900 facilities are given in Figura 7-& " (". , . ""',",~"~"'\,\. L fJAtJ/)/fi PtJ<:K ~ I I " I , I I I I I I TRIJCJ: &LEYf2I.1li_+ " , , '. ~. DESIRABLE CIRCULATION FOR TRUCK LOADING MD UNlOADIN6 FACILUIES Fl&URf: 7-6 . . ... ..~ FROM : Northrup RsSCciates ! ~~ e FHH: HJ. : 713 463 5a39 ~ t; I "'t -?;ilt;1.i-J;"MR -7iii8?itfliffEP , , L ~~~!l - n~;;;vo7i'i;i"J--- ~ ~ ~ ~ I ~i'lrffOt:i<- -oB.iikv.~p I . , ~ Feb. a:3 1999 B3:4SPM P4 ~~~ ~ ~~ ~ . ~lItJPr dllP'paerd (lJ!' ()"'./IIP! ".eg,eVCTlt#1.1 ". ////)L//I///I'/ Ill- c Jtd/t;JiiZ41iior 7jiu~- LOADING DOCK CONFIGURATJONS . FIGURE .7-7 1 " l 7-14 FRlJM : Northrup ASSCcia1:eS tit A-OE t-IJ. 713 46J 5a39 e . Feb. 93 1999 93: 49FM P5 .' . , .., " "- ,ill ~..~ W..~t ...: .' ..::. ..' " , , ': I.J.I I' ,.! . :.... ..i'.::,.,"I~i' ...~.'.' . ,jc.'. i-:". '~.'.' .. ~'j~ .~ . .. .,. .,:. . . to "\. : "" to ; ,.1 . I. ,'. ,f SltCiHT TRIANGLE .", "./ ./ ~~/ ~'.",:;." . '''!I'' . .", .. ~", : -:. '0' , b . ~ .. r .' ' ~. . 1 c' .1' :.," *" .",/ //., a ./ y,. .:. :. " ,. . .' ...r'''11~-: .J,. . .' . . \ . .:.. d " . :',,, '.1:,. 25 '. " 24":25 " .: " I...... ,,' .... t, " 0.. C Coeffic:ient Rouoded .: h.t .... .0; of Friction for D~i.gn f (ft.) . 0.40 1S' '. . , , . , 12S-f25 ~ ' ' 0.410 0.38 150-150' . 0.35 . 20Q-:200 . . .. .0.,34 ~~-:2S0 0.32 215,:,,325 0..31 32~h400 J " . . '.400';:475 0..30 15 Assumed Speed .Range (~h) is-1S Design SP.eed:,. (mph ) .' ...... ::I - 20"" ~ '. 20:20 :. .,':' t . '. '30. ',..: ,. . . I " -... , . ~ ,28-30" ,3.~-.;J5 .. 1- 36-40 40....45 35. , 40 .45. , ~o:. ~', ". . \ . . 44-50 SOURCE: Raf. (l). AASHTO.. A Polic;y on the Geometric Destgn of H1ghways and Streets SIGHT TRIMGlE MIl MIKlM011 STOPPIKG SIGKf DISTAHCfS Faa NO COKIROL FIGURE 5-3 ( 5-014 ' FRlJM : Harthrup RssociateS-= FtDE HJ. 71.3 463 5939 e Feb. 53 1999 53:5aFM P6 '~_._- -----=--.......- -. ~ _._~.- .~ 20.mph SOURCE: ijef. (1). AASHTO SPIRAL TRAHSITIOIt CURve FOR TURNING ROADWAY FIGURE 5-1Z / ~Cl.lRYe:' . 1lO'-!O'-IlO',CFFSlT~' ~ ~ SlIIlPU ClSWE '!AOlW &d *' ' c. ? 3-CENTlIlCD alWf,l 1Sd-5d--,CIf.F'&U ~ l!QlJIVALEMT UoI'L! Q.RV'C.llADlUS 70' .;. -8- !\. '" Yi8-eo RYTR. QlLIS, . ~M1'H~bCIUS - 2:1 ~ R.u" ~,.. " ~ Clf'FSf t: ~. ~ QJRVE,r<</-<<I-red.Cf"nlltT ~ ECU\MUNT SIIIIPLt G.IlIW: IUCUlIOd 01,; -CW . A. Pol1 cy on the Geometric Des1 ~n of Hi ghways SOORtE..; Ref. (1), AASHTu. and Streets OESIGftS fOR lURKING ROADWAYS AT flIJlETY DEGREE IKTERSECTlON . . f.IGURE 5-13' . . c 5-28 Fm1 : Hcrthrup RSSCciatz:S . A-DE Kl. : 713 463 5e39 e Feb. 83 1999 83: 5alM P7 ~. , '. . .... -.. . .. -... .' -', (..) .. I I :.1 J-u'~ I " I I I I I I I I I I I D 1'11211211411" _ow 11('" 1IOICU IlInl - -.& QIlIIC _flI'lClt lit -".arrxr 4CJ .... ;" .... ..>> m3III -- -~-- I CIIdOIID Q:NIIlIJO QH. ~""CIfIIfI'll'aoq -..-__..._____1'. r A ~-..-..-.. ", ...1 . . ..... . SOURCE; Ref. (1)" AASHTo. A Pol icy on the Geometric Desi'gn of .Highways and Streets ( -. HIN~ TURNING PATH FOR W8~SO OEsiGN Y~ICLE' Fl&Uae s:.u 5-27 e e Exhibit "H" - Harris County Major Thoroughfare Standards not included in packet. e. EXHIBIT H e Page CHIO/8 of 18 September 1996 CIIY OF HOUSTON - Design M&mJ.al CHAPTER 10. Street Pav10lZ DesilZIl Requiremertts . GEOry1~~RIC DESIGN GUIDEL-INES FOR SUBDIVISION STREETS HARRIS COUNTY CITY OF HOUSTON .", .. ." . .. THE GUI.DELlNES IN THIS DOCUMENT ARE H.EREBY APPRO\lED AS BASIC REQUIREMENTS 'FOR FUTURE STREET PLANNING AND DEVELOPMENT - JUL Y, ,'993 ~ 0- doD. '~~OIRecrOR EPARTMetT 0' PUBUC we ENGINEEF\INO, OTY 0' HOUSTON UNTY ENGINES aUNTY ENGiNE.E.=tING DEPARTMeNT D~ ~CITYENGINW ~~~~~~mECTOR CITY OF HQUST N . . DEPARTMENT OF P\..ANNIN<3 ar. OEVaOPMENT OTY OF HOUSTON \ .. ........ ..;::":'~ --..... .:..~~~~ .:i .~,.~:.~:.:~g .. ~ '.'i~:; .: ~..~~~~~ '.,;~~ :.. ~., '~...\ '.o .;~. . . .: ~'. . -. . ..... . '.' . . ." , :~. ;:~.~~~ .:~ .. .... '.: :'. . ." .' , . ~ .: e " e . '--ff:~~';~ ,..~..~ .:.::~z: ....~. :Ji -..~_. '~\i -.._.,J,~.. . - ~ ~~';;;;!'f.:.*; .-~1~~~~: " ,,,,,".~,,-. .:..~...r:::.:Jo...~': ..~~- . ~~:t-.;.. . ~} : ... CITY.OF.HOUSTON DESIGN MANUAL )tl .... "........... .3~i~~~T: . :":~~.:.:.- .. ~..::1r~~_~, :. ~.~:::.~;'~:":".::. CHAPTER 10 i. ~''';'' : - '.': .' .~:"/.~ ~'. . <.~~~1,~:~;.... ............ . .. - Street Paving Design Requirements ..: .::~:j~' :~ '-:, ......~. ~~;~~:t,i&~ :- .1 SEPTEMBER 1996 "f e CITY OF HOUSTON - Design Manual CHAPTER 10 - Street Paving Design Requirements e . CHAPTER 10 Street Paving Design Requirements PART1 GENERAL .0 1.01 CHAPTER. 10 INCLUDES Geometric design guidelines for streets, criteria for street paving, and standard paving notes for' drawing call outs. 1.02 REFERENCES A. AASHTO - American Association of State Highway and Transportation Officials B. ASTM'- American Society for Testing and Materials 1.03 DEFnm10NS ' ~. A. Geotechriical Engineer - An engineer certified by the American Association for -, Laboratory A~reditation (A2LA). ' )" B. HMAC - Hot Mix Asphaltic Concrete , . C. Curb and gutter sectioDS - Full width concrete pavement with doweled on 6-inch curbs or mOD9lithic curb and gutter sections f.or asphaltic concrete pavement. Curb and gutter sections require inlets and underground storm sewers. D. Roadside ditch sectioDS - Ditch sections adjacent to either full width reinforced concrete pavement or asphaltic cqncrete pavement. Roadside ditch sections do not require underground storm sewers; however, the ditch SectiODs must be designed to accommodate the storm runoff. 1.04 DESIGN REQUIREMENTS The following design requirementS are applicable to all pavements within City of Houston street rights-of-way: A. Width Requirements for Roadways - Refer to "Divided Roadway Cross SectioDS - Urban", and "Undivided Roadway Cross SectioDS - Urban" , of the "Geometric Design' Gui~elines for Subdivision Streets" of this Chap,ter. " ..r ~..;~::~. _ .~ ......:~~~.; . .." -~~ .-'tI ....~"... -- .: ..:-:~ :~~ :~~.; ': ~ :~~~;. ;..~::.. .. , ?;~\' .. '~." .. . - ." .:-- . ...... . ~; . : 0... ~ ~7.-~~ : .. . o'-:T;.~..r~ .,' , " " . ..t~. :.... . ....... ., ....--..:: r .-. ..- Page CHI012 of 18 September 1996 e CITY OflOUSTON - Design Manual CHAPTER 10 - Street Paving Design Requirements B. Minimum Thickness and Reinforcement Requirements for Concrete Pavement: The following requirements are the minimum allowable. Payement thickness and reinforcement shall be designed by a' Professional Engineer based on a current soils analysis, roadway use, traffic loadings, and life span of the proposed pavement. 1. For payement widths less than or equal to 27 feet face-to-face (PfF) of curb: . . a. Minimum concrete slab' thickness shall be 6 Inches with fe' = 3,000 . psi. and reinforcement with fy = 60,000 psi. Refer to standard drawings for reinforcement details. Expansion joints shall be placed at the end of each curb return and at a maximum spacing of 80. feet. b. Minimum stabilized subgrade thickness ~hall be 6 inches. 2. For major thoroughfares: a. Minimum concrete slab thickness shall be 8 inches with fe' = 3,000 psi. and reinforcement with fy = 60,000 psi. Refer to standard' drawings for ~einforcement,details. Expansionjoints shall be placed at the end of each curb return' and at a maximum spacing of 80 feet. b. ~um stabilized subgrade thickness shall be 6 inch~s. 3. For all streets other than 1.04 B.!. and 1.04 B.2, given above (i.e., streets greater than 27 feet FfF of curb and not major thoroughfares): a. Minimum concrete slab thickness shall be 7 inches with fe' = 3,000 psi. an~ reinforcement with fy = 60,000 psi. Refer to standard drawings for reinforcement details: Expansion joints shall be placed at the end of each curb return and at a maximum spacing of 80 feet. b. Minimum stabilized sub grade thickness shall be 6 inches. C. Minimum Thickness of Asphaltic Concrete Payement: Minimum thickness of HMAC surfacing and flexible ~ase shall be as shown on standard drawings. D. Subgrade Treatment: Treatment of sub grade shall be determined by a Geotechnical Engineer. The Geotechnical Engineer shall base depth of sub grade stabilization on structural number (SN) in conjunction with flexible payement thickness design. E. Requirements for Intersections, Turnouts, and Transitions: 1. At a NT" intersection with a street that has not been improved to its ultimate width, concrete pavement should be stopped either at the right-of-way line or the end of the curb return, whicheyer would require less concrete removal at a future date. 2. For roadway turnouts placed at an existing cross street intersection, the turnout should be designed to fit the ultimate pavement width of the intersecting cross street and then transitioned to the existing roadway. 3. The usual transition length for meeting a roadside ditch street is 50 feet for street widths less than or equal to 27 feet FIF of curb; 75 feet for 36 feet F/F of curb; and 100 feet for 40 feet FIF of curb. ";.r . ....~ '..~ .. ..-,r.'; ....!I '';''~ ......... . ........ ......j ;'~~~ .i~ ,~:~~1 "': "':, --7~ ; . ,; . t ~ . . , t J ) >> >> . t . ~ >> . J'[ e e CITY OF HOUSTON - Design Manual CHAPTER 10 - Screet Paving Design Requirements P'!-ge CHI0/3 of 18 September 1996 a. 'Transition sections for streets other than concrete shall consist of a minimum thickness of 1-1/2 inches of Type "D" HMAC surfacing on a flexible base. Flexible base shall be a minimum thickness of 6 inches of HMAC Base Course, 8 inches of crushed concrete, or 8 inches of cement stabilized shell. The sub grade shall be stabilized to a rninimum thickness of 6 inches. . b. Transitions for concrete streets shall co~ist ot: concrete and equal the existing payement thickness with a minimum thickness of 6 inches on 6 inches of stabilized subgrade. . 4, When meeting existing concrete streets at right angles, the existing street should be saw cut in a V shape extending from the curb returns to a point where the centerline of the proposed payement intersects the quarter point_ of the existing concrete street to create a crowned intersection. In the eyent this construction creates a situation in which the traffic on the existing . street, at design speed, will bottom out when crossing the proposed street intersection, a special design will be allowed to eliminate this dangerous condition. F. Requirements for Roadway Ditches 1. Ditch capacity shall be ~igned to handle stormwater runoff in accordance with Ch;1pter 9, "Storm Dram.age Design Requirements." 2. Minimum ditch grades and maximum ditch side slopes shall conform to the requirements of Chapter' 9, "Storm Drainage Design Requirements. " 3. Culverts shall be designed to' accommodate the ditch flow and shall be constructed of reinforced concrete. Wall thickness shall be Wall Bas giyen in ASTM C 76. Refer to standard drawings for minimum culvert size. G. Requirements for Roadways with Curb and Gutter Sections 1. . Inlet spacing a. City Funded Projects - Spacing shall be determined by Manning's Formula using parameters (e.g., limits of pavement flooding allowed, etc.) as. specified by the City Engineer. b. Non-City Funded Projects: The maximum allowable curb run to an inlet shall be as proYided in Chapter 9 - Stonn Drainage Design Requirements. 2. Minimum grade line shall be 0 .2~ percen~. 3. Minimum grade line shall be 1 percent for radii of 35 feet or less around intersection turnouts. Grades for larger radii shall be determined on an individual basis. 4. Vertical curves shall be installed when algebraic difference in grades exceed 1 percent. EleyatioIlS shall be shown at la-foot intervals through vertical curves. Maintain a minimum of 0.03-foot eleyation change at 10- foot intervals by altering the calculated elevations. ~ .. ~ ~-:~~~ '. . . .:~;~.~l' ~. ..:. ~I. ...:., :-". ....:.~ .:. .~ :,':' ....~-~'~.. : 'f:'~.'}' . ~. - _;':1' , ..<:~; .... Page CHI0/4 of 18 September 1996 e- e . CITY OF HOUSTON - DesIgn Manual CHAPTER 10 - Street Paving Design Requirements 5. Radii around cul-de-sacs shall be 42 feet for single family areas and 50 feet for all ochers. 6. When a curb and gutter street intersects a drainage ditch, the gutter elevation shall be above the designed water surface elevation of the ditch. 7. Minimum grade line around a cul-de-sac shall be 0.60 percent. 8. Major thoroughfares shall be superelevated in accordance with recommendations of AASHTO. 9. Cross slopes for pavement shall be as shown on standard drawings. The minimum cross slope for left-turn lanes and esplanade openings shall be 1/8-inch per foot. 10. Minimum grade line around the longest radius on a L- Type street shall be 0.40 percent. 11. When meeting an existing curb and gutter street, top of curb elevations .. shall be designed to meet an elevation 6 inches above the existing gutter. At existing inlet?, top of curb elevations shall be designed to match existing _ top of curb elevations. ; 12. When the curb grades are not established belo\y the natural ground,. fill lines shall be shown on the drawings and shall be of sufficient height to insure a minimum of 3/8-inch per foot transverse slope toward the curb from the property line betwe~n a point 2 feet outside the right-of-way line and the top of curb. If this type fill is .required and the pavement is adjacent to a nonparticipa$g property owner, fill easements shall be obtained, filed, and a c9PY of the easements shall accompany the final drawings. Construction of this nature will require back-slope drainage design to prevent trapping storm runoff. 13. The .maximum desirable tangent grade to vertical curves at railroad crossings is 8 percent for local streets and 3.5 percent for major thorough- fares. 14. All top of curb grades for the outside lanes shall be labeled except at railroad crossings where gutter grades shall be labeled. Centerline grades are acceptable for streets with roadside ditch sections. 15. Roadway grades at railroad crossings shall be 0 percent from the centerline of the track to 10 feet either side of the track's centerline, and should not cause a drop of more than 6-inches from the top of rail elevation at a distance of 30 feet either side of the track's centerline. 16. For <:oncrete roadways, the roadway shall terminate at a railroad header, 6 feet from the centerline of the track and the roadway cross slope shall be zero from the railroad header to four feet before the railroad header. H. Requirements for Inlets with Curb and Gutter Sections 1. City of Houston approved inlets shall be used on all curb and gutter sections within the city limits and the ETJ of the City. 2. Attempt to keep the proposed inlets away from esplanade openings and out of major thoroughfare intersections. For intersections between a major ......:. ::.it,~" - ....;-.. ~..'..'~.":..,:, ~. .... '".:.'" ~ .~,~...~ .~I -H:{~ :.~-:;t-"'7~ . , . .:~ ~~.... .-:, ".:: e e CITY OF HOUSTON - Design Manual CHAPTER 10 - Street Paving Design Requirements Page CHI0/5 of 18 September 1996 thoroughfare and a minor street, locate the inlets at the end of reOlrn (EIR) of the side street. 3. Inlets shall be placed at the end of pavement in order to eliminate drainage from the ,;pavement gutter into a roadside ditch. . 4, When curb and gutter streets connect to roadside ditch streets, place inlets at end of curb and gutter streets with reinforced concrete pipe stubs with ring grates to collect the ditch stormwater. See. City of Houston Standard Drawing "Side Street Ditch Reception." 5. Use only standard City of Houston cast iron grates for curb inlets. '.~.f~.: ,:". ., ::~? . ..,,:.~. 1. Requirements for Curbs, Sidewalks, and Driveways 1. Standard curb height is 6 inches. "2. At railroad track approaches, decrease curbs from 6 inches to 0 inches in 2 feet. 3, Reinforced concrete sidewalks and driveways shall be in accordance with City "of Houston standard drawings. 4. Reinforced concrete sidewalks in esplanade:.s: Reinforced con~ete sidewalks, 6 mches thick, shall be constructed in all "esplanades when curbs are 10 feet FfF of curb and less in width with a minimum length of 6 feet measured from the face of curb of the esplanade nose. Reinforced concrete' sidewalks in esplanades shall be colored black for concrete roadways and uncolored for asphaltic c04crete roadways. . J. Requirements for Thoroughfar~ 1. When the full section of a thoroughfare is located within the City limits and is dedicated on a fInal plat, the esplanade and all lanes of the thoroughfare shall be constructed at the time of initial constructiqn of, the roadway. . . . 2.' If approved by the City Engineer, lanes contained within a plat, left- turn lanes and the esplanade to the center line of the right-of-way shall be constructed at the time of initial construction of the I9adway when oilly one. side of a thoroughfare is located on a final plat. . The remaining lanes, left-Olm lanes and esplanade shall be constructed at the time the fInal plat containing the opposite side of a half constructed thoroughfare is approved. 3. Permanent barricades, conforming to the requirements of the Texas Manual of Uniform Traffic Control Devices, shall be constructed at the termination of lanes on partially constructed thoroughfares. The barricades shall contain a sign reading "FUTURE ROADWAY EXTENSION~. k. Requirements for Miscellaneous Items 1. The type and depth of subgrade treatment shall be as determined by the Geotechnical Engineer. 2. For all proposed driveways, call out centerline stations, widths, and radii. e e CITY OF HOUSTON - Design Manual CHAPTER. 10 - Street Paving Design Requirements Page CHI0/6 of 18 September 1996 3. Private streets should be treated as if they were driveways. See standard drawings for construction details for private street intersections and for drive:ways. 4. Paving headers shall be placed at the end of all concrete pavements. 5. All concrete to be removed shall be removed either to an existing joint or . a sawed joint. The groove ~f the sawed joint shall be cut to a minimum depth of 2 inches'along the line designated by the Professional Engineer. 6. Determine minimnm vertical curve lengths based on AASHTO design criteria using a minimum design speed of 45 miles per hour for thoroughfares and collector streets and 35 mph for residential streets. . 7. Standard City of Houston barricad~ shall be placed at the end of all dead- end streets not terminating in a cul-de-sac. 8." If discharging stormwater into a HCFeD ditch, HCFCD approval must be obtained before City approval. 9 ~ A letter of agre~n~ between the City and the. pipeline company approving . the construction plaD. crossing is required when paving is placed over. a . transmission pipeline. . 10. When meeting existing concrete pavement, horizontal dowels shall be used if no exposed reinforcing steel exists. Horizontal dowels shall be Grade 60, # 6 bars, 24 inches long, drilled and embedded 8 inches into the center' of the existing slab with "PO ROC" or approved equal. Dowels shall be . 24 inches center to center, unless otherwise specified. . . 11. When concrete is .removed for connection with proposed concrete. pavement, the pavement shall be saw cut and existing concrete removed to expose a minimum of 15 inches of reinforcing steel. If no reinforcing steel exists, use horizontal dowels per Paragraph K.I0 above. 12. Adjust existing manhole frames and covers within the limits of the proposed pavement to meet the proposed top of slab elevati~n. . 13. Adjust existing manhole frames and covers outside the limits of the pavement to conform to the fInal grading plan. 1.05 QUALITY ASSURANCE A. All construction drawings and specifications shall be prepared by or under the supervision of a Professional Engineer, and all documents shall be sealed, dated, and signed by the :esponsi:t>le Professional Engineer. B. All geotechnical work shall be performed by or under the supervision of a Professional Engineer. All reports and documents shall be sealed, dated, and signed by the responsible Professional Engineer. " .:" .:.:i~~~ . ;~~i::.:' . . \. .' ".:,:::...:0 ..~~:r .. :2!:"~ :1 ..~~~ :,?:~ .:....... ....,:. 5'. " '.. t.' J" J . , J , . . t t ~ . t , t t t ~ } . . . ) '~, e e/ ..... CITY OF HOUSTON - Design Manual CHAPTER ,10 - Street Paving Design Requirements Page CHlOn of 18 September 1996 :t::.. PART 2 EXECUITON 2.01 DESIGN ANALYSIS ......~.. ':-,~:f ", . ....::;:~ .. : .~.:~~": A. Pavement thickness . and reinforcement shall be designed by a Professional Engineer based on a current soils analysis, roadway use, tr~ffic loadings, and life span of the proposed pavement. '. ..:.~;-:' .;)~~ ..'~,~ . . . .~.. ~~::.. :!~~ . ::~~~ B. The number' and location of storm sewer inlets shall be designed to accommodate stormwater runoff. A graphical plot and calculations of the hydraulic gradient shall be furnished by the design engineer. The hydrauli9 gradient shall be in accordance with Chapter 9, "Storm Drainage De~ign Requirements. ". C. Roadside ditch drainage and culverts shall be designed in accordance with Chapter 9, "Storm Drainage I?esign Requiremerits." 2.02 DRAWINGS ... .- . .. A. Constructio~ drawings sha11 be prepared in compliance with Chapter 3, "Graphic ~equirements." 2.03 GEOMETRIC DESIGN GUIDELINES FOR SUBDMSION STREETS, HARRIS COUNTY AND CITY OF HOUSTON. ) . I I I . . . . . . D. I I .. t >> t t t t . . ~ ~ . e e- CITY OF HOUSTON - Desisn Manusl CHAPTER 10 - Street Paving Design Requirements " Page CHI0/9 of 18., Sep<c:mber 1996 - ~~;, '. '.:~;1 ... ~ :,,;.... . "~!"', ..:::--~~ . ....;r2:" THE GUIDELINES PRESENTED IN THIS DOCUMENT INCLUDE . :~~i~~ THE. MOST OFTEN REQUESTED INFORMATION REGARDING. .,'~~}ii~~ GEOMETRIC DESIGN OF SUBDIVISION STREETS.. DESIGNATED -..:)?E MAJOR THOROUGHFARES', EXPRESS STREETS' WITHIN.' _:-;{~:.~ SUBDIVISIONS, AND EXISTING ACCESS STREETS, . SHALL BE ...~/i CONSIDERED FOR SPECIAL DESIGN FEA TURES AND MA yo. , REQUIRE HIGHER DESIGN CRITERIA THAN SHOWN HEREIN. ALSO ',~:. DESIGN FEATURES NOT SHOWN IN THESE GUIDELINES SHouLD BE CONSIDERED SPECIAL DESIGN FEATURES. IT IS ADVISABLE TO CONSULT WITH THE APPROPRIATE AGENCIES AND REVIEv.{ THE MOST RECENT EDITION OF THE FOLLOWING PUBLIC.'; TIONS TO DETERMINE . ADEQUATE.. THOROUGHFARE REQUIREMENTS AND SPECIAL .-DESIGN'... FEATU~ES. ". . · RECdMMENDED GUIDELINES FOR: SUBDIVISION STREETS, INSTITUTE OF TRANSPORTATION ENGINEERS. · GUIDELINES FOR URBAN' MAJOR STREETS DESIGN, INSTITUTE OF TRANSPORTATION ENGINEERS. · A POLlCY ON GEOMETRIC DESIGN OF HIGHWAYS AND' . STREETS, AMERICAN " ASSOCIATION . OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS. · TEXAS MANUAL ON UNIFORM TRAFFIC CON1:ROL DEVICES (TMUTCD), TEXAS DEPARTMENT OF TRANSPORTATION. :",.'~ AGENCY A8SRSVlATlON: _ HCED . HARRIS COUNTY ENGINEERING OEPARTMENT. DOlT. CITY OF HOUSTON. TRAffiC ANO SIGNJ.1. ENGINEEnING SECTION. OPW . CITY OF HOUSTON. OEPARTMENT OF PUBUC WORJ<.S ANO ENGINEERING. OPO . CITY OF HOUSTON OEPARTMENT OF Pl..ANNING ANO OEVaOP~ENT. I OESIGNA TED ROAOWA Y APPEJ.RING ON THE MAJOR THORO UGH F....R E AND FREEWAY PlAN. HOUSTON CITY PlANNING COMMISSION. ANO HOUSTON EXPRESS STREET PlAN. TRAFFIC AND SIGNAl. ENGINEERING SECTION. .....J (/)00 B Jli ~1IJ ~g 't .... -~ ~~ .... .... 00 , DIVIDED ROADWAY CROSS SECT/ONS~UR.BAN e s 1-1.J D' ~.tl;;li-;'; . -RIGHT -OF-"VAY IV IFII&# ;;- Fllu) AI IV 1/".&# -;; /"IIU) s 0_ ~ e ~ IIOU' nus OUIO" SIIOWS PAfUHCf OF fYMC4L CU".. AND ounu ANO. DOU HOT IUPLY 011 IIfCOIoWfNO MAIHA4f OESIl1H I" f.. R. 0.1v.(J) 80 90 100 100UJ W 24 .24 24 "3 AI 14 II 22 32 ,-I S ' . 9 ., .10. .. 10 10 0 2. 2 2 2 DIVIDED ROADWAY DIMENSIONS ANY RIGHT-OF-WAY DI....ENSIONS DIFfERENT FROM TII05E SHOW,. SIIALL REQUIRE :SPf.eIAL .GfOMt:TRIC. VESION AS DETER....INED OY HeED AND DOTT. . ~ DE 5 I GN UfNSIONS REVllfa 'ijl ' ~;;i;i:<~~i;t~~!...._...~.,,",J~,:,;,i~( .. " . o JJA' E -4 - .. ULT " -4- 2 ., .., ., .. .. ... ,., .. .., .. ., V' ... ,.. ...w... .. .. ., '" . .. ......., ....w.:. ..!'~'..::~.J.~.rl . .;'~~r>".: -t:/:.:::~,~i:~~~.~. . ... g,f . . .., e e U :I: 00 Ie::: lJ)~ i~ '"lJ' ~ t:1 S' II \Ill .. . ocn II E:: ~l ~ 11' 8 a '"lJ ~ I/Q lJ)B It () ~~ B _ 8 0 CT- B - ., - _0 .. ..' .:., :s : ",<~' , ',:..i.:.:i/;~;(~\~t;~;~~.&:'1.:i:"::~(::i:':"',f .'i,.:..:,.....!.. 0\ 00 ..~. :'. {l.'.~', '.;: .,.': ;io:;;~);Jiy.~~~~'9!i.Si~:~~~ft~.I..~c:~~U\~{\;ir.~:~y.::I;;1 . ...\1.~)<r~-I..~r..~.;~..~.:.:~.':;tt ' ~ '.~' 'I "~"~.~ ' ~~ .R!9 'l,r.I';.1 .tll;.I~,',. .:" . ""J.'; -:1., '!.~ 'i,'l';f-;..t&t~j(.,~.. )~~,,:l:J!J.t:.!;.1l~~;.~~9Stl\~" - .. ". .' UNDIVIDED ROADWAY CRrJ'S&....SECTIONS.-URBAN !.. .. '.. . - . '. s - .- . .~~;J~C \ .' -t' ... ...rl....I....- ~L' .. ."--'I~ . - ~ 1.11U;\Iw,. ..t....."1.~: t..,c'.~'<.,..i:"l f.l: ;)l1' . ,I.- . '1.1. 1 ~"""~.. ..t'r ;:;:",')7.' ''-'' :M; t.U7,)7\q.~'7~"'nT',.~:lI'7.I.~';.;;r'i'; n;;~;'~7nl ;,. J '1.'\\,..". . . . ". .11' ~ UNDIVIDED ROADWAY bIME'~~:i~NS RIGHT - OF- WAY f' ._ F"u) - . ;.. ." )~ ;11 ,I , "f -- SINGL e FAAIIL y..': : ..... .. ALL OTHER ABU r TlNG . (lJ IIlall DENSITY A P r./{.JJ m LAND USE STANDARD LOT LorIn aMftl!l- MAJOR RO.Ir. 50 60 55 . .60 &.0 . 60 I W. 27 .. 27 .' 3G.._ ::..3G - 40 44 S Il5 16.5 9.5 ' /2 . 10 8 0 2 2 2 2' 2 / (In' II IFoe, fa .:1.' -,,~f~ I..~, IIOU . THIS DUION. SHOWS PRE UNCE Of rY~'CAl CUAD AND Gur un & OOfl NOI IU~LY on R[COUUEUD DA""'AOt: DEliO". ALONG ALONG SIN OL f IIbuSTON IIff T BY L 0' WID T II 5 II 0 F f fro n an f AT f 11 STREET. RIGIIT-OF-W.(Y LIt4[. LOT WIDrUS\Lf.SS TIIAN 40 F.EE.r STRff'T RIGtlT:-=Of-W~Y .L i HE ". . ... . ANY PROPERTY USE O'"fll '"At, fAUILY. AN Y ADA PWAY. Vol (.T.II nESIONATIP A~~A~ DarT. . "':. He, r Y . Of [)CrREIS :ST , ,. . \:., .' : ; ~ "' : : .~~~...<:.f~. .J STANDARD Lor- 2 t II'GII DENS'TY Lor- 1 t AP 1. I COLlU 4t &UJO A - -:;,); ~oo ~J: ,. () a () H"~ o ..... ... *~ .... ..... 00 LENGTH OF MEDIAN AND MEDIAN OPENING . TYPICAL e e ~ -() ~~ ::;0 a"T1 oo:I: ~ 0 s' c::: /Q ~ tJo II z -. . a tJ ~a 5' 'S. a ~ ~ I ~'l ~~'1:: -DI ~r ::l A. VEWAY STREET OR OR A N- I-C1= ~ "j-^ I-C __ ::::l .-.: III * PRIVATE TUftN DAY. OTES I lffT t, UfO I AN NO LTOIII I Lroll) 2 LTo/1) ItI1 ERRUP T I ON - PRIVATE DRIVE' 45' . ~2.5"U 60' . UHDIVIOED STRffT 4 5' 32.6"21 . 60' !40' ~ 0' 5~ "21 6 0' 44 · -. OIVIO'fO STREET ot 10' Dt 10' ot 10' ALL . .. . * * TYPICAL LENGTH Of MEDIAN OPENING "C" U ..J en :l A. ) DIStANt[ Fila.., CftnfllllNE or O,.fHI"O 10 UEOIAN H~s[ Willi L(fl lUll" LANE UUSl af so' . OPfNIUG 'oUr UC AJ.LOWlO. COIIIA.Cr C[P 4tIU/OII oon. sf[ "AGf.' fOIt ItOAOW"'" At") tUDUH ",,.(IIS z) 4) 1 -- - - - - - --- - --- ------ .......--- . PURPOSE Of UEDIAU INTERRUPT ION a f I'LAt-fNEO DIVIDED MAJOR SlflEET/ COLLECTOR LOCAL ""aVAII: srnHr STREET 15 . TIIOnOUQJtfARE STRffT STREfT OR ORIVfWA'r' , " I I A 1 . .. . fA t. ..: I!H MAJOR STRfET/ 350' 300' 300"41 '4 J TIIOROUOllfARf --- ------- '. COlLEC10R STREET ]00 Z 60' Z,50' ' 250 LOCAL STnEET 250' 250' 25.0' . 200 I ., . E MEDIAN LENGTH. FOR TYPE OF STREET 13 ":! i . . . ~~I~.Jr!:~,;;/ . :.;,.;:" ....~, .., . ,,,--,' .. !. ., ~:~':t:~ ~ :~.~~. ~;.!;: i',/i:~t:i.~~~?:~.i,..~.:.~ ',~{~l:/ :'~'(;{.oti~:~ll:~.I~!',lif&'~\~f~I:;t~hh -:.:'!:/~' , :'~'~:I:{r. .'. d.~~;/' , .. .~U'.; - - - - - - ~ ~ w w . v w . ~ u w u u :;.:f e e i~ _ ::1:. 00 ,e rArA f1o-J R~ t-cJ1 ~ 0 S' II ~ _. o'a ~'r l O' n f;l .MEDIAN NOSE ANfJ LEFT...TlIRN BAY . DESIGN - (fl PAVED PEPESTRIAN SPACE . . G. IJ I " I tJ U U 6' . 0 R I Ia. 10' AS REQUIREP 8Y PAVING REQUIREMENTS - - ...'-\ . 1'1 It'I", L ", .t' n~l-'l- I a-~OO' 8 .!!. ~-'-I RJ ...... ..., ........ ',," I .. . .j', 1.":. ',:~ .~ t . \',': "I' >tl ~ lI<l OllllONTAL rAt\ . ~@ liE /IIGIIT. J3 Dr lIet: 0 '1 W _0 . :2.... _ .___._..~ ..__.../ . ..,.. '. .3::; .: . :'" . I. . 'r . L: .~ ._.' r.J~I'~;"~1 )';;.'/ ':, lr .' ". t ; '." . I' : .. ..;.:',:i;',t;~,ifJ!Jt;:;;~jil1,;il.;.!1~.1i:Cf<i:;:" I ~'i.~..j ".j ,'; ..~~.~:~ ~~':~.t.tJ'_~Yl':!\:i:i'!i11~~~X:rd~i,:~t.J~..t~!:~.;:;;, ~ r_~fl}' .' -- STilE fr s' LEfT TUAN BAY DIMENSIONS ...AJOft Ot49. Of TWO unSleT It U o . IflTERHCT Al.L 0' III A . , /I T A TO NED .J' :..~. ON s H S /I VE DEft: T Il CU . ;I'I.! .....HI...U.... AT ....IHI...uM AT 100' UINluUu ON .TRAIOII' HOAII\UY T4 P I It L E It Q Ttl HAY 8 f . S /I 0 It , f It I F CURVE TO TilE Lff T.: . . TAPER LENQTII HAY DE LONGEn If OI....EH510"S ~AY. ~E~~PJUSTEri AS . ," OR DOT T .... :. ;:.'. ,,'I. . . .. I .~.:l:t{{;;.~~~Hl ;f;:::~~:\~K:rV.~: ao 00 . . HOTE A o II MEDIAN DIMENSIONS W AI Rz AJ - - - fi. 8' HOt/( W Z NA - - - > a' ~ sa' 90' }! Ill. ~ -- - - ~16' HOOE HooE 15' APPLICABLE HOl ^ H ..,;.,} e cn-u me:; a ~ g-:I: ., ..... o .- .... 'D .... ~~ 0\0 ..... .... 00 INTERSECTION CORNER CUTBACK AND CURO RETU.RN DESIGN . . e ;.. T::' -:.!~~":~~ nOADWAY ., . .:;....;. .......:..:,..~~:'~.~'..."..; I:UIlO IICIURN.IIAD'US.;;... ...~,;.:..,;.,;,..,.., ..;;,.,.. '..;:" :>.. ~<~ ~~ ;''';"'' i,'~.;~',:~~,;~' ::r.i}~~:~': f.:.~'.~>~~:;.' .. .;. ,..1 :,,~. i~ .',~~::~'.. ~~.~.:<:j~i~;'~?i..H~'\L~':~:'~1~I'n~#1:;':i!'~e!~;I:~i1H~t:;~:~'''i;;;,.r({:t.~~';~i:i;i~.: ....r~...~. ~ ~';'-;: ~... ~;,,;:,,\'J~~I,:';':'l> ~'i~l~~~~ ~~'~~...;i'::.I.,'~ 1 ;!'I:~\.:,; (11jJ ':~.~."'i.~~iitli!~~I~:'~!t,~~:t . ~~~~~jf/~Ai~~~~i{iRf.:I\itlj;'lI~,!~\~.l: ~;l;.. , ~". !'.'. _ "'~..rf:.:... ....~':..::. =-.....f..:.i. :1._1'-. ;~!'\" ~..1~1~.I:-...~.:..:.::.:-T:'.:r~ ":":':"~~1;r _..a.t.~.... ~'."':""'LL"'_ ..,_..'.. _',_~,.,_. ,. ~ ....0 ~~ a~ -u:X:: ~ 0 S' c: jq ~ 00 a z -. , e 0 ~a r:' 'if ri ~ ~ I RIGHT-Of-WAY CORNER CUTBACK REQUlREMEN.TS , ,. . . . . . RIOIIT ANOLE INTERSECTION - 25 fT. RAOIUS.J-J( 2 SKEWED ANOLE INTERSECTION' .. ACU If ANGLE - 25 fT. nADIUS, . 00 ruSE ~"QL [ - 25 f T. nADIU s.un . ., , 111-) SKEfCII SIIOWS ACCEPTABLE 15' pnOPEnry CUTBACK AS SUBSTITUTE fOR 2~' RADIUS CURB RE TURN AEQUIR EMt:NTS TYPE Of . . . . . 90 e~ - 90 80 - 86 IHTERsrCTIOH u - U 30' 3a' 3~' ... - D 30' 3~' 35' U - UO 30' 30' 30' LI - UDR 2~' 30' 30' D - 0 30' 30' la' 0 - UO 30' 30' 3~. 0 - UDR 25' 30' 3Q. UD - UD 2.5' 30' 30' UO -. UOR 25' 30' 30' UOR - UOR 25' 30' 30' TYPE OF INTERSECTION OEsION4TEO t,uJOR TIIOROUOllfARES, OESIGHATEO [)(PRf 55 STREETS WI Till N C ITV Of It OUSTON. AHO fREEWAY 'SfRVICE ROADS, OIVIDED ROADWAYS OTItEn TUAN STREETS wlnl UAJOR OESIOUAT,ON (LII. u o " GLE fAMILY N 5 AN II T ER II OT 5TnC-ETS. HGLE fALl VIOEO nOADWAYS o E H T fA L 5 UNO RES U"DIVIOEO un RE 510EHTI'AL . - LY uun ,.- .'it:;;: _.. , I . . .;:\~.~~ .;.~.. . 'f-~";""", 'lr~tf1.'.' e n n. :x:..... ~~ ~ -0 Oc: '. (Jl ~~ i~ >t:J' ~ t:J S' ~ CIQ .. , .'9 0::: tL 1- 9 [;: e >t:J ... lI'l (I ~n 1t~ J3 Pi lA .....0 ~:: 0\ 00 -t;'d'~::~~~\~'~::.,\..: .;! , : t.I.....,. . .'~ "..."1 . ~ 1,1 :r. .~. 4 ~rlt~\~e ~.~~;.f~::'. . '.. .'. CUL-DE-SAC DESIGN FOR STREET TERMINATION I ,. It. :;.': ,"i:,;}:.i.;:' ::;::-~'l\'>:i:k, :.. ..: ."i.I;,,~.\-;jj;' .'!li\t~~"tl;.{.J.~ :.:::?:,'- ~":r :1,!~:;{.~\r~"'~NU~: .... ;),.~r,~.t,,'''.''~l:'\I<\.:..,,'t?t;: .. ....:.,.,.n2i;~!?;~N;.;;:: :. :1: A . IL ~o.\lI .., . . .. ,1,.~1 t " . . .... . ',' ~:,f~:;~~jA\i;~r.~~;.:. ~~{ ~f;;;1r~(.:.\{ t: ,:;':;"..~.:.: .. ," . A8VTTING LAND USE SINGLE ALL . FAMILY OTHER A r4LL WIOrHS 60' 8 ALL WIOrHS 40' C (AlIN) 0 0 C (AIAX) . : 20' 15' D 42' 50' E $0' GO' F. 25' 25' G 35' 3$' . . ALL DIAIENSIONS AfEASUREO IN FEET TO FACE OF CURB e e lII-o n .. Ir.I II II a n C1":I: n ...... ., 0 ...... .... ~~ .... .... 00 I ROADWA Y TAPERS FOR SUBDIVISION STREETS ~ -n ~~ q 0 g >r1 :;':I: ~ 0 fr'~ III ~ 00 n z if t, ~n ~ t5' ti' Il 3:: ~ i ROAOWAY CROSS rAPER SCCrJON (FCCr) L . l!.!.' 6{) A fA J!..t!.- IFf'E',--- -- 80 ~!!.- /40 -- ...:.-! !!-- -1fL-. .lOO 80' 2T -I{!J2 TO .-10 . 2.t.J -- TO .-2!._ .Jl.J 60 -10 /.JO 60 .IT I~O -- -- - -1.l!- ..J.L.!-. ---1 e.e.~__ ao' RI. UINIUtJJI OlPAIlTtJIU/ Pol APPRllitf ''''PER . . -wNiWAJ-1 SO: /IISCRr"A" -t A '~3l f == . .A .-:::-- I rAPEN , ~p.~. ~ ,- 'Yo .l INS E" r ':'- FO" MEDIAN CIIIlS OlllCI( REFERENCE: GlIIOE: rC. ~ Pi~ ~ ~h 11. :1'" l1. ~ ~ .-Y ,UINIUtJAlIIJ .,. l~ ~ 'I) A - :> - ----- ... .. ~- - . , - UN ~ AJ ". ~ (I). ,uINIMIIM I~O' FOil RESTRICTED ,ANP .~ UNRrSTAICTiP lusrAvl~ AND LOCATIOIIS WHorr A LeFr rUIlN LANE JlAr ME :It IlrQUIIUD. /1). .fjiDIAN JPfN'f/ .&IAr ~T ,,~ .4tiO';CD J JlEOJA I L SS tHAM :SO I L~' 'N. NOrEI O. APPROACH AND DEPARrllRE rAPER REOlJ/REjJENT, L . l!1' WHERE L . LENGTH IN FEET iO S. SPEED IN JI.P.H, w. LAURAL OFFSET IN Fccr , ,. S' .JOAJ.P.JJ. JlIN/.fIUAI DESliN S~ErD FOR SU8lJIYISION STREETS .r. A - 8 b, J~'AlINIAllIU CENTERLINE RAOIVS FOR JlORUONrAL ClIRVE WIT" ArPROACH OR Ol"PANrllR.E rArENS .' . ."~ I, '. . ,....::",:::, .1",~:,,"'~:'lz.~~:i"':_~i:~,':I~j";'il~l,~''''''..J~i~1~~It~~~.I:..::/ 1':'~' ',',' ... . .,.,.., :. '.~.",:~,,"!:.l:/: ,;..~~tH.:.;...~~~f~~r.~i~. ~~~;~~l1t~X~.~..:~;.~~t:li"". .... . ,.-,. ii ..... ,..... "..... "..... "" ,.,., .... A "'" A ,... A a_' .. ......I.........,...;~~.J..lJ....+I..~?P'..I".}.....J.. ....,'. ;;~\;:~~(: . : e CITY OF HOUSTON - Design Manual CHAPTER 10 - Street Paving Design Requirements e Page CHI0/I7 of 18 September 1996 2.04 STANDARD PAVING NOTES FOR DRAWING CALL OUTS A. The following notes or phrases are specific to paving improvements and may be included in all sets of construction drawings containing paving improvements. The plan and profile sheets may reference the notes or phrases in the plan view by note number as listed below: . 1. Proposed concrete pipe stub with ring grate as shown on Standard Drawing - "Storm.Sewer-Ring Grate for Open End of 18" to 72" Rep Stubs to Ditch", at a minimum of 0.5 feet below the existing ditch flow line. Realign ditch as directed by the Engineer. 2. Proposed flexible base with 1 1/2-inch Hot Mix Asphaltic Concrete surfacing. Flexible base shall be 6-inches of Hot Mix Asphaltic Concrete base course, 8-inches of crushed concrete, or 8-inches of cement stabilized shell. 3. Proposed sawed"joint and expose IS-inches of reinforcing steel. If no reinforcing steel exists, use horizontal dowels per Note No. II. 4. Proposed esplanade curb. ' 5. Proposed standard monolithic curb and gutter. 6. Dowel on 6-inch curb after asphaltic surfacing is in place, Qr into existing concrete pavement as applicable. 7. Rack over. exi~ting manhole to miss proposed curb, if conflict exists. Maximum rack of I-inch per course of brick. 8. Remove and replace sidewalk as directed by.the Engineer. 9. Proposed I-inch board expansion or premolded non-eXtrUding joint between walk and curb. 10. Remove a sufficient length of concrete pipe, as determined by the Engineer, anq connect t<;> proposed inlet with reinforced concrete pipe of like diameter. . 11. Horizontal dowels shall be No. 6 bars, 24-inches long, drilled and embedded 8 inches into the center of the existing slab with "PO ROC" or equal. Dowels shall be 24 inches, center to center, ~ess otherwise specified. 12. The contractor shall notify the City of Houston, Traffic Signal Division, ten working days in advance for relocation of existing traffic signal poles. 13. Adjust existing inlet to fit new grade and alignment. 14. Decrease curb exp9sure from 6-inches to 2-inches in 1 foot. 15. Decrease curb exposure from 6-inches to 2-inches in 4 feet. 16. Decrease curb exposure from 6-inches to O-inches in 2 feet. 17. Proposed reinforced concrete sidewalk shall be colored black for concrete roadways and upcolored for asphaltic concrete roadways. 18. Riprap shall be placed on slopes and ditches as directed by the Engineer. 19. Convert existing inlet or manhole with inlet top to manhole. 20. Remove existing culvert. 21. Remove and replace pipe culvert as directed by the Engineer. 22. Existing structure to be removed. . . .~"'.. . ,'r '..~.::; . .-:-:. . .. ~..: . . }:;~: -Ji :..::~~~ -.1 ~ Page CHI0l.18 of 18 September 1996 e CITY OIOUSTON - DeSign Mantia! CHAPTER 10 - Street Paving Design Requirements . 23. Break into barrel of motiolitbic reinforced concrete storm sewer. Cost to be included in the unit price bid for storm sew~r or lead as applicable. 24. Proposed do",?,eled on 12-inch wide mountable curb. . 25. Shaded area denotes approximate limits of proposed asphalt overlay. 26. Remoye existing inlet. Plug and abandon'lead. . 27. Remove' existing concrete pavement,' concrete base, and/or cement . stabilized shell base course with or witliout asphalt surfacing. 28. .Proposed asphalt Qverlay. 29. Remove inlet and extend lead. 30. Meet existing curb or curb and gutter for grade and alignment. . 31. Proposed.wheelchair ramp, as shown on Standard Drawing - "Wheelchair Ramp Dc;tai1s" . 32. Adjust existing manhole frame and cover to fit new grade. 33. Remove curb or.curb and gutter as applicable. 34. AdjuSt existing water valve boxes to new paving grade. Replace all missing or damaged valve boxes and covers. 35. Replace Type ~B" inlet with Typ~ "BB"inlet or Type ".C-l n inlet. 36. Remove mountable curb. _ 37. Proposed pavement markings as shown on Standard Drawing · Standard Pavement Marking" . . 38. Proposed wWte plastic marker as shown on Traffic and Transportation Drawing "S$dard Eongated Word and Arrow Syrhbol Design Detalls for Pavement Markings" . . .. .39. Proposed plastic marker, as shown on Traffic and Transportation Drawing "Standard for Left Turn Channelization. · 40. Proposed standard concrete. paving header. END OF CHAPTER . . ,-~'F-. j . ~'~~1 ,..<~,C :.:'~~}{ ,:~C :."t'.,~ ..i?t . ...';:~ ~;;:'f. .J;... . .~-J;~ . ::.: ~~;: ~ '~~ ~ :~.~:.:' ,;;.~ . J..... , .;~~:~.... -.". .-;:' . , . . < . , , I e e e e RE NeIL AGENDA ITEM Agenda Date Requested: June 10 Appropriation Requested By: Stephen L. Barr Fund 015 Department: Parkw &. RecrutioD Account Number: 015-9892..855 Re ort: Resolution: Ordinance: X Amount Budgeted: $33,000 Exhibits: Ordinance No. 2002- Amount Requested: $30,000 Exhibits: Ae;reement Budgeted Item: YES X NO Exhibits: CIP Proposal Document FY 2001-2002 SUMMARY & RECOMMENDATION In the FY 2001-2002 budget, City Council approved funding in the amount of $33,000, for development of a Trail Implementation Plan for the City of La Porte. The Plan, when finished, will provide a strategy for setting up pedestrian and bicycle trails throughout the City of La Porte, as outlined in the recently approved Park Master Plan. Halff and Associates, as the consulting/engineering firm that prepared the Park Master Plan, possesses sufficient knowledge and expertise to continue work to develop a Trail Implementation Plan for the City of La Porte. Attached is an Agreement for Professional Services. Fee basis is time and material not to exceed $30,000 for the project. This fee is in-line with fees for other projects of this scope. The project is expected to be completed within 180 days after execution, including staff review time, in three phases. Phase I will collect data, identify key trail corridors, and generate a summary of assessed needs; Phase II will evaluate and prioritize potential trail segments, develop uniform design standards where feasible, and generate a prioritized plan for the city; Phase ill will categorize phases and segments, estimate costs for each phase, and identify potential funding sources in a final plan format. In the telephone survey portion of the Park Master Plan Needs Assessment, 87% of La Porte respondents were in favor of development of a trail system for La Porte. Completion ofthis Implementation Plan will give the City the blueprint it needs to begin installing the pedestrian and bicycle trail system that was envisioned in the Comprehensive Plan Update and the Park Master Plan, for use by the citizens of La Porte. Action Reauired bv Council: Consider approval of an ordinance authorizing the City Manager to execute an Agreement for Professional Services with Halff Associates, Inc. for development of a Trail Implementation Plan, and authorizing $30,000 to fund said Agreement. Approved for City Council Al!enda (X~ T ~ Robert T. Herrera, City Manager ~_ \y 6'"L. Date e e ORDINANCE NO. 02- zsSCf AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HALFF ASSOCIATES FOR DEVELOPMENT OF A PEDESTRIAN AND BICYCLE TRAIL IMltLEMEN1'ATION PLAN; APPROPRIATING $30,000.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; pItOVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretaty is hereby authorized to attest to all such signatures and to affIx the seal of the City to all such documents. The City Council appropriates the sum not to exceed $30,000.00 for the La Porte Pedestrian and Bicycle Trail Implementation Plan, from the FY 2001-2002 CIP account 015-9892-855, to fund said Agreement. Section 2. The City Council officially finds, determines, recites, and declares that a suffIcient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Govemment Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. e e Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10TH day of June, 2002. CITY OF LA PORTE By: ~~~fi-- orman" L. MaIone, Mayor ATIEST: ~~))jjj Martha Gillett, City Secretary APPROVED A~ TO FO.~: / J anLWc;J~ Knox W. Askins, City Attorney - ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ q ~ ~ ~ ~ q e e 1-5 PEDESTRIAN AND BICYCLE TRAIL SYSTEM These funds will be earmarked for design of a Pedestrian and Bicycle Trail System for La Porte. The proposed trail system will strive to connect parks to each other as well as with major service centers such as the Central Business District, SH 146 at Fairmont Parkway and perhaps other cities as well. The proposed trail system would utilize. various routes including utility right-of-way, flood control rights-of-way; La Porte, Harris County , and State roadways to provide access to the desired locations iti a safe usable fashion. The design is expected to identify. particular treatments for each type of road or utility right:-of-way contemplated for the system. Once this plan and standards are in place, La Porte should have a greater opportUnity to secure outside funding. Proposed Budget $33,000 e Ii HaIff Associates ENGINEERS. ARCHITECTS. SCIENTISTS PLANNERS. SURVEYORS e 3701 KIRBY DRIVE. SUITE 1290 HOUSTON. TEXAS 77098 (713) 523-7161 FAX (713) 523-4373 May 8, 2002 1008-02-2107 Mr. Stephen Barr City of La Porte Parks and Recreation P.O. Box 1115 -1322 S. Broadway La Porte, TX 77572 Re: Pedestrian and Bicycle Trail Implementation Plan for the City of La Porte Dear Mr. Barr: Please find attached our general contract and attachments A and B, which are referred to in the contract language. Attachment A is the Scope of Services, and Attachment B is the Basis of Compensation for the contract. The contract is similar to the one we used for the La Porte Parks and Open Space Master Plan, so if you would like any specific changes to it, please let us know and we will gladly respond to them. We are excited and honored by the prospect of working with the City of La Porte again for this Trail Implementation Plan. We hope that our desire to provide you with the best possible service is adequately displayed in the attached Scope of Services, and that it meets your expectations. However, if you have any questions about any portion of this contract package, please do not hesitate to contact us. Yours truly, HAL~IATES' INC. ~.~b Director of Landscape Architecture HOUSTON . DALLAS . FORT WORTH . McALLEN TRANSPORTATION . WATER RESOURCES . LAND DEVELOPMENT . MUNICIPAL . ENVIRONMENTAL . STRUCTURAL MECHANICAL . ELECTRICAL . SURVEYING . GEOGRAPHIC INFORMATION SYSTEMS ARCHITECTURE . LANDSCAPE ARCHITECTURE . PLANNING e HaIff Associates ENGINEERS . ARCHITECTS . SCIENTISTS PLANNERS . SURVEYORS Halff Associates, Inc. Agreement for Services e I. SCOPE Halff Associates, Inc. (hereinafter "Engineer") agrees to perform the services described in the attached scope of services labeled "Attachment A", and further entitled Preoaration of a Citywide Pedestrian and Bicvcle Trail Imolementation Plan for the Citv of La Porte, which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of Halff shall not be construed to exceed those services specifically set forth in Attachment A. "Attachment A", and these General Terms and Conditions, when executed by Property Owner (hereinafter 'Client"), shall constitute a binding Agreement on both parties. II. COMPENSATION Client agrees to pay monthly invoices or their undisputed portions within 30 days of receipt. Payment later than 30 days shall include interest at 1-1/2 percent per month or lesser maximum enforceable interest rate, from the date the Client received the invoice until the date Engineer receives payment. Such interest is due and payable when the overdue payment is made. Time-related charges will be billed as specified in the proposal under Attachment B - Basis of Compensation. Direct expenses will be billed at actual cost. Subcontracted services will be billed at actual cost plus a service charge of 0 (zero) percent. III. RESPONSIBiliTY Engineer is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the standard practices of the engineering and architectural profession to make findings, provide opinions, make factual presentations, and provide professional advice and recommendations. In performing professional services, Engineer shall act as agent of Client. Engineer's review or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. It is understood that any resident engineering or inspection provided by Engineer is for the purpose of determining compliance with the technical provisions of the project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. Engineer does not assume responsibility for methods or appliances used by a contractor, or for compliance by contractors with laws and regulations. IV. SCOPE OF CLIENT SERVICES Client agrees to provide relevant information as required by the Engineer to perform the scope of services, and to provide those services described in the attached Letter Proposal's Scope of Work. V. INDEMNIFICATION Engineer agrees to indemnify and hold Client harmless from damages, claims, demands, suits, causes of action, judgments, costs and expenses including reasonable attorney's fees and expenses resulting from: i. damage to property of any person, form, corporation or governmental agency, including property of Client, and/or ii. death of or injury to any person or persons, including employees of Client, arising out of, and to the extent caused directly by, a negligent act or omission or willful misconduct of Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees. In the event that Client is found to be concurrently negligent, Engineer shall not indemnify for the proportionate negligence of Client, but shall indemnify for the portion of negligence solely attributable to Engineer, its agents, servants, employees, and subcontractors of any tier, their agents, servants and employees. Neither party shall be liable to the other for incidental or consequential damages, whether or not the possibility of such damages has been disclosed or could have been reasonably foreseen. The parties shall indemnify one another against damages of third parties recoverable from the indemnitee to the extent caused by the comparative negligence of the indemnitor, up to an aggregate amount for the project of $1,000,000. Such negligence shall be measured by standards in effect at the time services are rendered, not by later standards. Client may not assert any claim against Engineer after the shorter of (1) 3 years from substantial completion of services giving rise to the claim, or (2) the statute of limitation provided by law. Client acknowledges Engineer may perform work at facilities that may contain hazardous materials or conditions, and that Engineer had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of Agreement lor Services - Preparation of a Pedestrian and Bicycle Trail Implementation Plan for the City of La Porte Page 1 of 3 Halll Associates Inc. 5/9/02 ... ... ... e HaIff Associates ENGINEERS . ARCHITECTS . SCIENTISTS PLANNERS . SURVEYORS Agreement for Services (continued) e Client, Client agrees to indemnify, defend, and hold Engineer harmless (including attorneys' fees) from any and all losses, damages, claims, or actions brought by any third party or employee of Client against Engineer or Engineer's employees, agents, officers or directors, in any way arising out of the presence of hazardous materials at the facilities, except for claims shown by final judgment to arise out of the sole negligence of Engineer. VI. INSURANCE Engineer shall maintain. during the life of the Agreement the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The limit shall be not less than $2,000,000. 2. Automobile bodily injury and property damage liability insurance with a limit of not less than $2,000,000. 3. Statutory workers' compensation and employers' liability insurance as required by state law. 4. Professional liability insurance. VII. SUBCONTRACTS Engineer shall be entitled, to the extent determined appropriate by Engineer, to subcontract any portion of the work to be periormed under this project. VIII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. The Agreement is not to be assigned by either Client or Engineer without the prior written consent of the other. IX. INTEGRATION These terms and conditions and Attachment A - Scope of Work to which they are attached represent the entire understanding of Client and Engineer as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties. X. JURISDICTION AND VENUE This Agreement shall be administered and interpreted under the laws of the State in which the Engineer's office periorming the majority of the work for this project is located. Jurisdiction of litigation arising from the Agreement shall be in that State. If any part of the Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. Venue will be in the State District Court in Harris County- Texas. XI. SUSPENSION OF WORK Client may suspend, in writing, all or a portion of the work under the Agreement in the event unforeseen circumstances beyond the control of the Client make normal progress in the periormance of the work impossible. Engineer may request that the work be suspended by notifying Client, in writing, of circumstances that are interiering with normal progress of the work. Engineer may suspend work on the project in the event Client does not pay invoices when due. The time for completion of the work shall be extended by the number of days the work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the Agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with Article XII. XII. TERMINATION OF WORK Client or Engineer may terminate all or a portion of the work covered by the Agreement for its convenience. Either party may terminate work in the event the other party fails to periorm in accordance with the provisions of the Agreement by giving 7 days prior written notice from the party initiating termination to the other. Notice of termination shall be by certified mail with receipt returned to the sender. XIII. ALTERNATIVE DISPUTE RESOLUTION It is agreed by both parties that Arbitration, in any form, will not be allowed. Any claim(s), dispute(s) or other matter(s) in question between the parties to this Agreement arising out of or relating to this Agreement, or the breach thereof, which are not disposed by mutual agreement of the parties, shall be submitted, if agreed in writing by both parties, to mediation prior to submission of the matters in question to appropriate courts of law. The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually Agreement for Services - Preparation of a Pedestrian and Bicycle Traillmpiementation Plan for the City of La Porte Page 2 of 3 Halll Associates Inc. 5/9/02 ... ... ... e HaIff Associates e ENGINEERS . ARCHITECTS . SCIENTISTS PLANNERS . SURVEYORS Agreement for Services (continued) acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure for Mediation of Business Disputes or pursue amicable termination. If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the parties shall pursue amicable termination. APPROVED: :=~~1?lfi2:. vJO~ Title: V. P. Date: S-/c; I' t:m Title: Date: APPROVED: Client: City of La Porte SignatureGJ~ T ~ Typed or Printed Name:~~ -e (1 I, l-te r{ ( (L tl Ti"e' C i~ Y I oIM/JN4~( ( Date, 10 ~ 0)-- Agreement for Services - Preparation of a Pedestrian and Bicycle Trail Implementation Plan for the City of La Porte Page 3 of 3 Halll Associates Inc. 5/9/02 PI!'O I/)SCll~ ffl1!J[1' fL21U1ldlsca e rchitectll1l[j"aJ~ ~~rrvices , ~.. C~TV OF LA PORTE - PEDESTR~AN AND B~CVClE TRAilIMPlIEMENTAl"[Oi\: PLAN ~u~~ @~ l~ 1P@1Ji~ Pedestruca11i'\) ~li'\)tOJ L85u~~~~~ U[j"(B)U~ ~1MJ~~~M~Ii'\)~ca1~U@1ru 1}2l~~1i'\) A~tta1~lhm~m~ ~ S~ope @f W@r~ f@[j" ~~~f[f A~$@~u~t~~ ~1i'\)~Q Halff Associates Inc. will provide the following services in preparing a citywide Pedestrian and Bicycle Trail Implementation Plan for the City of la Porte. General steps in the process are shown in the table below. Phase I - Data Collection and Needs Assessment . Collect existing plans, recommendations and publications · Identify key trail corridors, citizen goals, recreational and potential commuter needs throughout La Porte · Provide base mapping showing general alignment, links and crossings . Generate a summary of the assessed needs, goals and objectives in written and mapped format Phase II - Develop Trail Plan · Evaluate and prioritize potential trail routes and segments for a citywide and regional trail and greenbelt network · Develop recommendations for improvements of existing trail segments as well as types of new trail segments and trail connectors · Develop uniform design standards, where feasible · Generate a plan in mapped and written format showing all recommendations for each trail segment, for review and comment Phase tII - Implementation Plan · Categorize phCls,e~ of trail improvements according to the priorities established in Phase II, giving an approximate timeline for implementation · Estimate costs for each phase and for the complete implementation of the Trail Plan · Show possibilities for Funding and Financing Implementation of the Plan · Prepare a final report and mapping including all recommendations with their implementation Attachment A - Scope of Work City of La Porte fl$(Q]e$t~ial11l all'1ltdJ l8ocYiC~e urrao~ ~MLO~em$l11I~a~OiOl11I fl~al11l Page 1 Pro osal for Landsca e rchitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN Phase I - Data Collection and Needs Assessment Compile the following elements in developing the needs assessment for the trail system and document them in written and mapped format. Preparation of Trail Plan Base Mappina Information from the existing Parks and Open Space Master Plan will be the basis for the Trail Plan, supplemented by more detailed mapping. Two levels will be illustrated, to ensure that the plan is comprehensive, yet sufficiently detailed to serve as a future guide. . Regional level, including fringes of adjacent cities. . Citywide level City generated maps, provided in CADD format by the city, will be used as well as the following: . Existing Parks and Open Space Master Plan with recommendations . Rail and utility system corridor plans . Digital orthographic imagery form TNRIS as available . Recreational studies . Regional, state and national trail interest publications Documentation of key trail corridors throuahout the plannina area Possible trail corridors, and general points of interest that could become linked with trails, will be shown in the base mapping: . Area lakes and bays . Creeks and drainage ways . Significant areas with potential overlooks . Significant natural areas . Major thoroughfares and freeways . Major utility corridors . Railroad corridors . Crossings for roads, utility corridors and waterways . Links between trail segments . Cross points with surrounding cities' trail systems Public Input Analvsis Citizen goals will be documented, using trail-related public input recently gathered for the Parks and Open Space Master Plan: . Demographic Analysis . Results from Telephone Survey . Results from Public Meeting and Interviews . Data on Leagues, Associations, and City-run programs, if applicable Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 2 e Pro osal for Landsca e rchitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN Develop Preliminary Goals and Obiectives Establish key goals for the trail system based on information from base mapping and Parks Master Plan. Review with the Parks and Recreation Department in draft form and finalize. Identify Qeneral needs for the trail system Account for different types of needs and projected future uses of the trail system: o Recreational needs - hiking, biking, jogging, skating, horseback riding etc. o Commuter needs within La Porte - connections to work, school and other areas, as available from existing information o Identified needs - specific needs gathered from public input Generate a summary of the assessed needs. Qoals and obiectives Summarize needs, goals and objectives in written format to complement base mapping. o Needs based on Recreation Standardls o Needs based on Prior Citizen Input o Needs based on Review of Existing Parks and Trails System PHASE I PRODUCTS . Basemappi""g fQ~ citYwide level. . Summl1uyof PUblic Input data in table form; . SummarY of recommendations detived from Recreation Standards, Parks and Ope.., Space Master Plan and ot"er publications of interest. . Needs asse~sm~lltin written and mapped.format. Phase i~ - Develop Trail Plan Trail Concept Plan Evaluate potential trail routes and the relative potential for each trail segment to create a citywide and regional trail and greenbelt network. o Map key destinations on each corridor, including schools, retail areas, parks, civic facilities, colleges, etc. and list potential user groups. o Denote opportunities to create unique overlooks, connections to key parks and to the waterfront. o Map key linkages to trails/key destinations in adjacent cities. o Prioritize segments according to their contribution to the trail and greenbelt network. <:) Show applicable standards and regulations for all segments. o Prepare illustrations that show possible approaches for trail segment design. Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail implementation Pian Page 3 Pro osal for landscape rchitecturai Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATiON PLAN Preparation of Recommendations Show recommendations for improvements of existing trail segments as well as all types of new trail segments. Show constraints (such as utility crossings, corridor constrictions etc.) and opportunities for developing each segment. o Denote possible types of trail use and suggest trail surfaces for each segment - hard surface trails, soft surface trails, on-street bicycle lanes etc. o Show approaches to trail connection points, trail roadway crossings and connections to neighboring communities for a network. o Provide recommendations for trail segments related to the type of provided corridor. o Develop uniform design standards where feasible. Public Meetina Present the trail concept plan to the citizens of La Porte in a citywide public meeting, to give the possibility for input and comments on the plan. PHASE II PRODUCTS · Trail Plan fqreac:h trail segment. · . Recomr;nenda!lqnsfor all n,w and existing trails. · Criteria forTrC!il ,ilJ1pr()v~ment ranking.. ' · Design Stand,~rds for trail segments,. where applicable. · Note: all P~,a'~eJlproducts will be, in mapped and written fonnat, for review and ~mn.tent by the gity of La Porte. ' Phase II! - implementation Plan Cost Estimates/Implementation Plan (Expenditure Analvsis) This task will consist of three key steps: G Recommended improvement schedule, CD Required funding level estimates, and CD Funding source recommendations Prepare a development schedule for the plan components recommended above. Develop a year-by-year funding level summary to implement the Trail Plan. (Expenditure Plan) Attachment A - Scope of Work City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 4 Proposal for Landsca e rchitectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATiON PLAN o Use a 1 Q-year time frame, to be reviewed and possibly updated by the La Porte Parks and Recreation Department as needed. o Show phases of trail improvements according to the priorities established in Phase II. o Prepare cost figures for individual trail segments based on recent bids or cost estimates. o Recommend potential sources of funding for the trails proposed in the Trail Master Plan. Report Preparation and Approval The information compiled in each of the tasks above will be combined into a printed report, 1 Q copies in black and one color copy of which will be submitted for review and approval by the City Staff, City Council and citizens of La Porte. Report Printinq We will oversee the printing of the report to ensure that a high quality product is delivered to the city. A total of 5 color copies of the final report and a complete CD-ROM will be prepared. PHASE III PRODUCTS . Trail Plan, in written and mapped format. . Implero~l1tClti()hPian inwritt~O" fom;'~ith,tablesmustrating priorities. . Public meeting to, present plan and recommendations. ~ \ '. . : J , "'.: ' .' ' ' ;' "', ~ ' '1 ' '. ' . ". - " '. . Present to City Council forapprovat .;; . Printi~gi6fpl~ral'1d mappingcompon~nt. . Submit to TPWD for approval, if desired by the City. End of Scope of Work Attachment A - Scope of Work Gity of La Porte Pedestrian and Bicycle Trail ~mplementation I?~an Page 5 e e Proposal for Landscape Architectural Services CITY OF LA PORTE - PEDESTRIAN AND BICYCLE TRAIL IMPLEMENTATION PLAN City of La Porte Pedestrian and Bicycle Trail Implementation Plan Attachment B Basis of Compensation for HalffAssociates Inc. Basic Services - Fee Summary Basic design and professional planning services as described in Attachment 'A' will be provided by Halff Associates Inc. on a not to exceed basis, with an authorized maximum fee of $27,000. The budget shown above excludes normal project expenses such. as the cost of acquiring maps, reports and other documents necessary for the planning effort, printing of draft and final reports, delivery services, computer plots, and computer charges normally associated with production of these services. Charges for these project expenses will be provided on a not to exceed basis with an authorized maximum fee of $3000. Payment for services as described in Attachment 'A' will be computed on the basis of salary cost times a multiplier of 2.3 to determine the payment due for services. Salary cost is defined as the cost of salaries for time directly chargeable to the project, plus social security contributions, unemployment excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday applicable thereto. The multiplier is a factor that compensates Landscape Architect for overhead and profit. Payments shall also include Direct Non-Labor Expenses that, in general, include expenses for supplies, transportation, equipment, travel, communication, subsistence and lodging away from home, and similar incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost plus 10%, except for living and travel expenses when away from the home office on business connected with the Project, which will be charged at actual cost. Services will be billed monthly, based on the percentage of work completed. A summary for each of the major tasks in the Basic Scope of Services is shown below. The cost of individual line items may vary as the project progresses, but the overall cost of the project will not be exceeded without Owner approval. End of Basis of Compensation Attachment B - Basis of Compensation City of La Porte Pedestrian and Bicycle Trail Implementation Plan Page 1 e e. e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6-10-02 Appropriation Source of Funds: Requested By: Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Procedure Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City of La Porte Boards, Committees and Commissions Schedule and Procedure for recruitment, appointment and notification process is being submitted for approval due to direction from City Council as a result of workshop meetings. This procedure outlines a process and schedule to facilitate the efforts of coordinating the appointment process regarding Boards, Committees and Commissions. In addition, it changes the term expiration date from May 30 to August 30. This allows a newly elected official the proper amount of time to review and select members to serve on the various boards, committees and commissions. Action Required bv Council: Approve Ordinance which implements procedures and deadlines regarding the appointment process for Boards, Committees and Commissions. Approved for City Council Aeenda (XL ,. \~ Robert T. Herrera, City Manager <0....4 - 0 ""'- Date e e ORDINANCE NO. 2002-~O AN ORDINANCE ADOPTING THE DCITY OF LA PORTE BOARDS, COMMITTEES AND COMMISSIONS SCHEDULE AND PROCEDURE FOR RECRUITMENT, APPOINTMENT AND NOTIFICATION PROCESSD, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby adopts the "City of La Porte Boards, Committees and Commissions Schedule and Procedure for Recruitment, Appointment and Notification Process," in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of June, 2002. By: ~~ N rman L. Mal ne Mayor e e ATTEST: 0IUUlriL O. !I.1ldl Marth A. Gillett City Secretary l APPROVED: 1/ ,C\ ~//I/' t2/:t7~u~~ Knox W. Askins City Attorney . .. )," e e CITY OF LA PORTE BOARDS, COMMITTEES AND COMMISSIONS SCHEDULE AND PROCEDURE FOR RECRUITMENT, APPOINTMENT AND NOTIFICATION PROCESS THE CITY COUNCIL OF THE CITY OF LA PORTE WILL MAKE APPOINTMENTS FOR TERMS EXPIRING ON AUGUST 30m OF THE YEAR INDICATED. SCHEDULEIPROCEDURES: APRIL . Boards and Commissions Handbook and application form is updated and printed by the City Secretary. . A memorandum is sent by the City Secretary to each department inquiring as to whether or not there have been any attendance problems with members of a committee, board or commission member. MAY/JUNE - (The annual appointment process will not begin until all Council members have been elected in the General and Run-Off Elections) . Mayor and City Secretary will meet with any newly elected Council Members and explain the boards and commissions process. . The City Secretary will provide City Council with list of all current and members whose terms of appointment are expiring on August 30. The list will indicate vacancies, applicants eligible for reappointment, single member district appointments, and appointments made by the entire body of City Council. . Current appointees whose terms of appointment expire in August are identified. . The City Secretary will inform City Council of attendance problems of any committee, board or commission member. . The City Secretary will forward City Council members a copy of any applications received by citizens since the last appointment process. The type of board, committee or commission the citizen is requesting to serve on is noted on the application. . Enabling ordinances will also be forwarded to City Council as needed. e e Page 2 . Information is shared with staff members serving as liaisons to a committee, board or commission member. . Mayor and Council will provide the City Secretary with direction on whether application forms and a handbook need to be mailed to any citizens or organizations. Applications will only need to be mailed if recruitment is needed to fill positions. Applications must be returned to the City Secretary by the last day of July 5 in order for copies to be placed in the agenda packet for the July Workshop Meeting to be held the last meeting in July. The citizen submitting the application retains the handbook for future use. . City Council Members will contact any individuals they want to serve another term, or direct the City Secretary to handle. Confirmation will be made as to whether or not the citizen is willing to serve another term. If no application is on file, the citizen must be provided with a handbook and application. The application must be returned to the City Secretary's Office by July 5 in order to be placed in the agenda packet for the July Workshop Meeting. . City Council Members wishing to replace a board member will contact the prospective new member to inquire if they would like to serve, or direct the City Secretary to handle. If the citizen agrees to serve, the City Secretary will send them a handbook and application form. The citizen must return the application form if one is not already on file. In addition, the City Council member will contact the current member to inform them they are considering a replacement for their position and thank them for the time they served, or direct the City Secretary to handle. By July 5, City Council will confirm with the City Secretary, which members they are considering for reappointed for another term, and the name of any new members and the position in which they are being considered for. . Each June the City Secretary will remind the Mayor of the July Workshop Meeting and confirm the date. JULY . City Council holds a workshop meeting in open session to discuss upcoming appointments. AUGUST . Mayor will introduce an Ordinance and facilitate the appointment process at the meeting. The City Secretary provides assistance as needed. An Ordinance willibe presented to City Council seeking approval to appoint or reappoint members for a term expiring on August 30 of the year indicated. ,,""ll; '. .l' e e Page 3 . Once the Ordinance is adopted, the City Secretary shall send thank you letters to citizens completing service on boards. Acknowledgement letters are sent to those citizens not selected requesting them to apply again next year. . Letters of appointment and reappointment will be sent to appointees with appropriate ordinance. . A new directory of City Council appointed boards, committees and commissions is prepared and published as soon as possible after the appointment process is completed. . City Secretary contacts new members to offer information regarding conduct of meetings, parliamentary procedures, and to answer any questions the new member may have. . Applications are considered current for one year. Vacancies will be considered throughout the year if needed due to terminations or resignations ~d~ ayor Norman L. a one 0~/D- 07 Date e _. ; - e e REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Appropriation Source of Funds: 1(/1.- ?~~ ~ 1 Account Number: Agenda Date Requested: June 10 2 Department: Report: Resolution: Amount Budgeted: Exhibits: Letter from Robert L. Castille, Harris County Precinct 2 Amount Requested: Budgeted Item: YES NO Exhibits: Al!reement Between Harris County and City Exhibits: SUMMARY & RECOMMENDATION Council has previously agreed in principle to joint venture the construction of Bay Area Boulevard with Harris County on a 50/50 basis. The proposed Bay Area Boulevard improvements are from approximately 500 feet north of Spencer Highway to Approximately 500 feet south ofFainnont Parkway. Plans are for a four lane reinforced concrete boulevard section, with curb and gutter, median ditch, storm sewer, and all necessary appurtenances. The design for the Bay Area Boulevard Project is currently 90% complete. The County has prepared an Interlocal Agreement, which establishes and formalizes the participation of the City and the County. Per the agreement, the County will contribute up to $4,053,500 toward 50% of all costs of the Project and to administer the design and construction of the Project, provided that the City will contribute 50% of all costs of the Project up to $4,053,500 and obtain the necessary right-of-way. Project costs include costs of right-of-way, engineering, construction and construction support services. It is expressly understood and agreed that the City and County both, have available, the maximum sum available of $4,053,500 to satisfy its obligations under this Agreement. If the bids are greater than the $8,107,000 estimate, the County has the option to: }> Attempt to pay the additional costs }> Reject all bids and elect to terminate this agreement }> Reject all bids and re-advertise }> Attempt to negotiate an amendment to this agreement to provide for additional costs Action Required bv Council: Consider the approval of the proposed agreement with Harris County to construct Bay Area Boulevard. Approved for City Council Al!enda iRJ~ \. ~ Robert T. Herrera, City Manager l.? l\ '-I <.? <.....J Date e e ORDINANCE NO. 2002-2561 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE CONSTRUCTION OF BAY AREA BOULEVARD FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO APPROXIMATELY 500 FEET SOUTH OF FAIRMONT PARKWAY, APPROPRIATING UP TO $4,053,500.00, FROM THE 4B SALES TAX FUND, TO FUND SAID AGREEMENT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum up to $4,053,500.00 from the 4B Sales Tax Fund, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this 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. e e ORDINANCE NO. 2002-2651 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of June, 2002. By: CITY OF LA PORTE d~#~~ No man L. Mal e, Mayor ATTEST: L1Ylll/htlt. /itLtJl Mart a A. Gillett, City Secretary APPROVED: /1 / / ------ ~/ j/ , ,," -,- >/' P~/a/4 ~;:~~ Knox W. Askins, city Attorney e e ll~I..---f7~T-<lr-ll-'.H7 Ir~ ! 1'1 ~ 'r-.-----......... f, .., <!. ...-.... . iI If 1 i "'..-7 . .. /UUl ~ lOO2 i . f ASST. CITY ~..l/\N;\GERJ ~~- QfflCE --~-~ CITY OF LA PORTE INTEROFFICE MEMORANDUM TO: May 20, 2002 John Joerns /' Doug Kneupper FROM: Robert T. Herrera, Cj!x Manager (J~11i~ Phase I of Bay Area Boulevard Contract between City and County SUBJECT: Please review the attached agreement from Bob Castille of Precinct 2. If the agreement incorporates the changes we made to the last revision and does not include any new changes, please place this agreement on the next available City Council Meeting. Thanks! RTH:su cc: John Joerns ~ e '- c e: e e A REQ.T FOR CITY COUNCIL AGwnA ITEM Agenda Date Requested: June 10, 2002 Appropriation Requested By: Doue Kneupper H ~ Department: Plannine Source of Funds: N/A Account Number: N/A Report: _Resolution: _ Ordinance:~ Amount Budgeted: N/A Exhibits: Staff Report Exhibit A - Multi-family inventory (tab e) Amount Requested: Exhibit B - Multi-family inventory (mal) Exhibit C - Recommended changes Budeeted Item: YES Exhibit D - Multi-family complexes with 2,500' distance radii N/A NO SUMMARY & RECOMMENDATION On February 11, 2002, City Council passed Resolution #2002-20 placing a ISO-day moratorium on new construction of mid to high density residential development for the purpose of reviewing current regulations and possibly adopting new regulations. City Council directed the Planning and Zoning Commission to assess and make recommendations to amend the Zoning Ordinance regarding mid to high density residential development. The Commission's recommendations were to be forwarded to Council for consideration and adoption prior to July 11, 2002. (This is the date the moratorium expires unless an extension is considered.) Staff presented this item to the Commission on February 21,2002. To accomplish these goals, a subcommittee of the Commission was created. The members included Commissioners Dottie Kaminski and Hal Lawler. During March through May, the Commissioners held five (5) meetings with Staff (Chairperson Waters attended most of these meetings.) To help the Subcommittee, Staff compiled an inventory of existing mid to high-density developments. Please refer to the attached table (Exhibit A) and map (Exhibit B). At the May 30,2002 special meeting of the Commission, the work ofthe Subcommittee was presented to the full Commission. By a unanimous vote, the Commission forwards the recommendations found in Exhibit (C) to City Council for discussion. Action Required by Council: 1. Discuss Planning and Zoning Commission's proposed changes for Mid to High Density Residential Development. Approved for City Council Ae;enda GJ~ T" \~~ Robert T. Herrera, City Manager 0'4"()~ Date e e Staff Report May 30, 2002 Mid to High Density Residential Regulations Zoning Ordinance Amendment Back2round: On February 11,2002, City Council passed Resolution #2002-20 placing a 180-day moratorium on new construction of mid to high density residential development for the purpose of reviewing current regulations and possibly adopting new regulations. City Council directed the Planning and Zoning Commission to assess and make recommendations to amend the Zoning Ordinance regarding mid to high density residential development. The Commission's recommendations were to be forwarded to Council for consideration and adoption prior to July 11, 2002. (This is the date the moratorium expires unless an extension is considered.) Staff presented this item to the Commission on February 21,2002. To accomplish these goals, a subcommittee of the Commission was created. The members included Commissioners Dottie Kaminski and Hal Lawler. During March through May, the Commissioners held five (5) meetings with Staff (Chairperson Waters attended most of these meetings.) The following represents the work of the subcommittee. Analvsis: To help the subcommittee, Staff compiled an inventory of existing mid to high- density developments. Please refer to the attached table and map. Following this inventory of existing multi-family developments is a table comparing several categories of existing ordinance provisions to the committee's recommended revisions. The next item lists a few prominent items that staff feel needs further clarification. After that is a section from our current Code of Ordinances that contains the mid and high density requirements. Upon closing the public hearing, the Commission will need to clearly specify the changes you wish to recommend to City CounciL Your recommendations will be prepared in ordinance format and presented to Council at their June lOth meeting. e e Multi-Family Developments in La Porte Name Year of Construction No. of units Bayou Villa Apts. 1960s 56 3030 S. Broadway Bayside Oaks Apts. 1950s 43 3003 S. Broadway Remodeled Bay Breeze Apts. 1960s 18 3007 Old Hwy. 146 Remodeled College View Apts. 1979 104 3333 Luella Blvd. Fairmont Oaks Apts. 1999 188 9801 W. Fairmont Pkwy. Green Oaks Apts. 1950s 86 315 N. 2nd Street Harbour Bay Apts. 1982 198 9999 Spencer Hwy. The Plaza at San Jacinto 1998 132 3331 Luella Blvd. Rush Oaks Apts. 1960s 36 3101 S. Broadway Tammie Jay Apts. 1960s 55 222 E. Fairmont Pkwy. Village By The Bay 1970s 79 1026 S. 6th Street Vista Baywood Apts. 1950s 143 777 South R Street Windsail Bay Apts. 1960s 82 3141 Old Hwy. 146 Remodeled Windsail Bay Apts. 1960s 24 330 Bayside Drive Bay Apts. 1960s 8 3105 Carlisle Page 1 of3 'I:xHIBIT A e e Township Townhomes 23 3001-3116 Falk Court Pine Bluff Apts. 8 234 Pine Bluff Dr. Bayport Apts. 16 233 Bayshore Dr. Crescent View Apts. 4 239 Crescent View Pelican Bay Townhomes 82 2601 S. Broadway Garden Walk Townhomes 144 Little Cedar Bayou Dr. Bayshore Condominiums 62 Bayshore Dr. Townhomes 3 1902, 1906 & 1906a Roscoe Apartments 6 207 South A Street Apartments 2 322 N. 15th Street Duplex House 2 302 & 304 West C Street Apartments & Rooms 10 109 N. 3rd Street Duplex House 2 603 & 605 Nugent Iowa Town Apts. 15 121 S. Iowa Duplex House 2 9624 & 9626 Belfast Duplex Homes 54 3114-3348 Scotch Moss Page 2 of3 e e Townhouses 20 8294-8332 Oakhaven Apartments 6 1 08 McCarty Townhomes 25 3733-3921 Sunrise Bay Colony Drive Condos 12 615 bay Colony Dr. TOTAL UNITS 1,750 Page 3 of3 e " " '.... ........ -----------...... ...------- ........ ..., " , , e e ~ , , -~ JACINTO BAY r------------------------------ .1 ---~ POINT MORGAN'S OF CITY LOWER SAN I -t;;r...!! t I I -v... c << ~ e CITY OF DEER PARK "tj N.T.S. ~rEtx,"UBn~ B Ir ~~- - ~~ - - F~~ ~ - - -- ! . --.... .........ii.~ ""\ t _ _.~!~:::! \} ~ It. aI$;.. ~ ~ORM CXN>OS 615 BAY co.CJfV DRI\IE 12 WITS ZQ\lED R.2 '(~e.w~T: lS1Ws SOUTH LA PORTE INDUSTRIAL DISTRICT DISTRICT INDUSTRIAL BAYPORT e e City of La Porte City Council Workshop Presentation Regarding Planning & Zoning Commission Recommendations for Changes to Zoning Ordinance in Connection with Mid-Density and Multiple-Family Residential Development 1. Currently, Mid-Density and Multiple-Family Residential Developments are allowed to locate within R-2, R-3, PUD and General Commercial Zoning Districts. Planning & Zoning Commission is recommending removal of General Commercial Zoning Districts from the Permissible Locations for Mid-Density and Multiple-Family Residential Developments. In addition, Planning & Zoning Commission is recommending that in the case of apartment complexes with 50 or more units, said complexes must be located at least 2,500 feet from other apartments complexes of 20 or more units. 2. Currently, the Zoning Ordinance allows for apartment complexes to have up to 27 apartment units per acre. Planning & Zoning Commission recommends that this number be reduced to 14 apartment units per acre. 3. Currently, the Zoning Ordinance provides no maximum for the number of apartments within a complex. The Planning & Zoning Commission is recommending that there be a maximum of 180 apartment units within an apartment complex. 4. Currently, there is no allotment for increasing the set back and/or providing for screening and/or buffering between apartment complexes and single family residential developments. Planning & Zoning Commission recommends that when apartment complexes are located adjacent to single family residential developments, that an additional 25-foot buffer be provided for in order to increase spacing between the apartment complex and the residences. In addition, the Planning & Zoning Commission recommends that within the increased buffer, there be a 10-foot opaque screen, including opaque fencing and/or plantings in order to screen apartment complexes from single-family residences. 5. Currently, the Zoning Ordinance provides that six percent (6%) of a Multiple- Family Development be utilized for landscaping and open space. The Planning & Zoning Commission is recommending that the landscaping and open space, as well as buffering and/or screening within a development be increased to thirty- five percent (35%). 6. Currently, the Zoning Ordinance provides for a height restriction for apartment complexes of 45 feet. The Planning & Zoning Commission has not recommended that the 45 foot height restriction be changed, but has recommended that buildings adjacent to R-1 be limited to two (2) stories in height (occurring only after the increased setbacklbuffer zone/screen zone), and the nHIBIT C e e Planning & Zoning Commission is further recommending that any three-story apartment buildings be located only in the center of the apartment complex. 7. As another comment of the Planning & Zoning Commission is the recommendation that there be a ten-foot opaque screening area between Multiple-Family and Single-Family Residential Developments. Fences shall be utilized, with said fences being limited to six-foot in height plus the rot board. Fencing materials must be made from 1" x 4" wood board of redwood, cedar, fir, pine, or a combination thereof. In addition, the Planning & Zoning Commission recommends allowing wrought iron fences to be utilized. 8. Planning & Zoning Commission recommends that for apartment complexes, a perimeter fence be located along all sides abutting or facing right-of-way, as well as along all sides abutting or facing residential development. 9. Controlled access gates are to be provided at the apartment complexes, said gates shall be constructed set back from the street far enough to prevent traffic congestion from any vehicle traveling on the right-of-way adjacent to the controlled access gates. In addition, apartment complexes must provide means of access to City of La Porte emergency vehicles, including Fire Department, EMS, Police Department and utilities. 10. Currently, the Zoning Ordinance provides for apartment complexes to provide recreational areaslfacilities, grass, trees, and shrubs. Planning & Zoning Commission recommends that open space and amenities at apartment complexes be required to include a combination of the following: trails, playgrounds (except in the case of "seniors only" apartment complexes), clubhouse and on-site detention. When playgrounds are included in the apartment complexes, they are not to be located in the detention pond area. 11. Currently, the Zoning Ordinance provides minimum open space requirements of 200 sqft per lot in the case of duplexes; 500 sqft per development in the case of townhomes to quaduplexes; and 200 sqft per unit for the maximum of 5,400 sqft in the case of multiple-family or apartment developments. The Planning & Zoning Commission recommends that in the case of duplexes, the minimum open space per lot remain 200 sqft per lot; that in the case of townhomes to quaduplexes, the minimum open space per development be increased to 35%; and in the case of multi-family or apartment development, the minimum amount of open space be increased to 35% of the development. 12. Currently, the Zoning Ordinance provides that in the case of duplexes setbacks be 20 feet front, 10 feet rear, and 5 feet side. Planning & Zoning Commission recommends that these setbacks be increased 25 feet front, 20 feet rear, and 20 feet side. Currently, the Zoning Ordinance provides that in the case of townhomes to quaduplexes, that minimum setbacks be 20 feet front, 10 feet rear, and 5 feet side. Planning & Zoning Commission recommends that these e e setbacks be increased to 25 feet front, 20 feet rear and 20 feet side. Currently, the Zoning Ordinance provides that in the case of multiple-family developments that the setbacks be 25 feet front, 20 feet rear, and 20 feet side. Planning & Zoning Commission recommends that these setbacks remain the same, but note that the Planning & Zoning Commission's recommendations for an additional 25 foot buffer zone when these apartment complexes are located adjacent to single family residential development, plus a ten-foot opaque screen. Note that the ten- foot opaque screen may be located within the setback adjacent to single family residential development. 13. Currently, the Zoning Ordinance provides for maneuvering aisles (that is the space between rows of parked cars within an apartment complex) of 25 feet (when the parking is "head-in" or based on a 900 angle; 18 feet (when the parking is based on a 600 angle); or 11 feet (when the parking is based on a 450 angle). The Planning & Zoning Commission is recommending that in the case of "head- in" or 900 angle parking that the maneuvering aisle be at least 28 feet. 14. Currently, the Zoning Ordinance has no requirements when garages are provided in apartment complexes. The Planning & Zoning Commission is recommending that the distance between garages (Le. the maneuvering aisles between garages) be at least 28 feet or greater. 15. Currently, the Zoning Ordinance has no requirements for points of entry for an apartment complex. The Planning & Zoning Commission is recommending that all apartment complexes have at least two points of entry. 16. Currently, the Zoning Ordinance has no requirements for school bus maneuvering at or about apartment complexes. The Planning & Zoning Commission is recommending that all apartment complexes have a designated area for school bus pickup and/or drop off. The Planning & Zoning Commission recommends that the area be accessible appropriate with the correct driveway/road width for LPISD school buses to maneuver. The Planning & Zoning Commission is recommending that apartment complex developers obtain from the School District the standards that provide for school bus ingress, egress, and maneuvering within apartment complexes in order facilitate these new regulations. 17. Currently, the Zoning Ordinance provides that standard parking spaces be 9-feet wide by 18-feet long, and also provides that handicap parking spaces be 13-feet wide by 20-feet long. The Planning & Zoning Commission is recommending that these parking space widths and lengths be increased to 10-feet by 18-feet in the case of standard spaces, 14-feet by 20-feet in the case of handicap spaces. 18. In the case of parking lots, the Planning & Zoning Commission has recommended that 900 angle parking, or "head-in" parking should be prohibited at "senior" apartment complexes. e e 19. Currently, the Zoning Ordinance has no requirements for separation of parking from Single-Family Residential areas. The Planning & Zoning Commission is recommending that all parking lots in Multi-Family Residential Development be a minimum 10-feet away from Single-Family Residential Development. 20. Currently, the Zoning Ordinance has no requirements for bonding or insurance for apartment complexes and/or developers. The Planning & Zoning Commission is recommending that the City Council adopt a bond and/or irrevocable letter of credit requirement for apartment complexes and/or developers. The bond and/or irrevocable letter of credit should be at least in the amount of $1 Million; should be payable to the City of La Porte as a guarantee of compliance of upkeep and maintenance of the apartment complexes; and further, as a guarantee of compliance with applicable laws, including necessary demolition of buildings that have fallen into disrepair, and other remedial measure as may be necessary to keep apartment complexes maintained and up to standards. The bond and/or irrevocable letter of credit should be in effect for at least 1 00 years. 21. Currently, the Zoning Ordinance has no requirements for insurance for apartment complexes and/or developers. The Planning & Zoning Commission is recommending that all apartment complexes have an effective comprehensive, general liability insurance policy, with the City of La Porte being named as an additional named insured in the amount of $1 Million for the life of the structures within the apartment complex, and/or the apartment complex itself. - - - - - - - R-l R-2 R-3 MH. GC NC. PUD BI . LI HI . . . . . LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL . .HIGH DENSITY RESIDENTIAL . . . . MANUFACTURED HOUSING . . . . . . . . GENERAL COMMERCIAL NEIGHBORHOOD COMMERCIAL PLANNED UNIT DEVELOPMENT .BUSINESS INDUSTRIAL . . . LIGHT INDUSTRIAL . . . . . HEAVY INDUSTRIAL ZONING LEGEND . , . ~ 'btilBIT D CITY OF SHO ACRES " ...I. .J...1 ~1 GALVESTON ~ BAY SCALE &, & &. i NO. ~ &. ~ 7i A 11 A A A}, 11 CITY OF LA PORTE, ZONING MAP w/ MULTI-FAMILY DEVELOPMENTS OF 50+ UNITS - DATE OPD. ORD. 150100W REzor..eO FRCM GC TOR-t ORD. 1501-$5 REZO\EO FRCM Nt TO PLO ORD. 150t-QQ REZOI'EO FRCJ.1 GC TOR-! 106-308 )J2IR~~T p~~~~~R ORD. 1501-00 REZCN:D FRG1 NC: TOR-3 000. lS01-KK REZOI'ED FRa.1 at TOBI QRO. 1501oJ) REl.'Or"-ED FRa.1 Fl.-) TO GC ORD. lS01+tH REZClr\EO FRCM PlDTQR-2 QRO. 1501.00 REZQl\EO FRCM R-t TO GC ORD.1501-FF-t REZOt.EDFRCMUTOHI ORD. 1501-FF REZt::)l\ED FRCl'-t at TOBI ORD. 1501-EE REZOt.EO FR(J\o1 GC TOU QRD. 1501-cC REzor..EO FRa.1 R-2TOGC ORD. 1501-YRUCN:D FROM R-I & R-2TOt'C ORD. 1501-TREZCNEO FROM ~ TOGe ORD. 1501-R REZO\eO FROM f'\C TORD ORD. 1501-Q(A) REZO'ED FROM RD TOR-t (8) REZot'E) FRCM PLO TO t'C ORD. 1501-M REZO'-EO FROM f\C TOGe ORD. lS01-K REZQ\IEO FROM GC TOPlD ORO. 1501-) EST. BAY MLO ZON1J'.G (BAYMlD AN\EX) ORD. 1 SOl-G REZGEO FROM 81 TO U QRD, lS01-F REZO\ED FROM R-3TON: 1. lU..&. 0 FRCM R-I TO GC SOt-/I.. REzat.E:D FRCM R-2 TO i'C WI SOJ ZONING ORDINANCE /tHJ OESCRlPTIa\I 1600' 05/02/02 BS lP07TEO BY - TEXAS SC SC IR RMO OMO OMO OMO BS BS SC SC BS BS BS MW MW BS BS BS BS BS SC BS I.R. 3/18/02 10/23/01 S/8I01 4/24/01 4/11/01 4/10100 4/10/00 3m/OO 12/13199 10/11/99 8/9/99 5/24/99 1/11199 2/10/97 4/22/96 6/6/94 8130/93 12/9191 9/13/89 6/12/89 2/13/89 11/14/89 4/18/88 4/18188 ~~\ig ~ .~ CITY 0 PASADE - . a:c,- - -l:1:l:I: ~I:EH: :r: I ; '% - - - - - 3F. ~ EI r:J.. ~E". EEl- r.:r. . :1 :11I:H3! BRRRRr- :J~ ;fit - . . \91- .... ...... ...... .....1. :I..... :1.1.... g. ;0 . . . 8- . . . . :J,;,__~_ .. . . ~- Jj '. '. , : '. AMENDMENTS TO ORD 1501 CITY OF DEER PARK 10 - . 11 ;0 ~ .. % ~ o z CITY OF MORGAN'S POINT WHERE BOUNDARIES ARE l.OCATION SHALL SE Den IN DETERMINING THE LOCATION Of ZONING DISTRICT BOUNDA.RIeS ON lliE MAP ACCOMPANYING AND MADE A PART OF THESE REGULATIONS, THE FOLLOWING RULES SHAU APPLY: REF: 106.308 f1l: WHERE BOUNO/\RIES ARE SHOWN TO FOLLOW STREETS OR. AUEYS, THE CENTERUNE OF SUCH STREETS OR ALLEYS AS THEY EXIST AT THE TIME OF ADOrnON OF THESE REGULATIONS SHALL BE THE ZONING BOUNOA.R.Y. REF: 106.308 (2): WHERE BOUNDARIES ARE SHOWN 10 ENTER ON CROSS PLATTED BLOCKS, PROPERlY llNES OF LOTS, AS THEY EXIST AT THE TIHE OF ADOrnON OF THESE REGULATIONS, SHALL BE THE ZONING BOUNOA.RY. REF: 106.308 (3): IN CASE OF A DISTRICT" BOUNDARY UHE DIVIDING A PROPERTY INTO TWO PARTS. THE DISTRICT BOUNDARY LINE SHAU IE CONSTRUEOTO BE THE PROPERT't' LINE NEAREST THE DISTRICT BOUNDARY UNE AS SHOWN. SHOWN ON UNSUBOMDED PROPERTY, ntE RMINED BY USE OF THE SCALE SHOWN ON THE ..L --- ~, -..., ~ l 1. ,. 1600' ~ INTERPRETATION OF ZONING DISTRIAuNDARIES REf:. SEcnO.N_l~.308. INTERPRETATlON .9E.lONING DIS.mcr BQl,lNDARIES: - e "- e e e e B e e CITY OF LA PORTE INTEROFFICE MEMORANDUM June 4, 2002 TO: Mayor and City Council FROM: Robert T. Herrera, City Manager ~'\\-\~ Redistricting SUBJECT: Following Council's discussion of the redistricting map on the evening of May 20, staff began to analyze the affects of the modifications proposed by Council. It was during this analysis that an error in calculating the populations for Districts 1, 3, and 4 was discovered. This error was hidden within the information submitted by the Redistricting Committee and creates erroneous population totals for Districts 1, 3, and 4. The base maps delivered to the City by the Census Bureau, show Block 3000 in Census Tract 3433. This particular Block takes in the entire airport, portions of Spencer Landing and Glenmeadows, and houses along the south side of "H" Street. In addition, this Block has a population of 567. On the redistricting map, parts of Block 3000 are included in Districts 1, 3, and 4. However, the entire 567 population is calculated only into the District 4 population. The effect of this error is an over-population of District 4 and an under-population of District 1. To correct this error, staff manually separated Block 3000 into components for the three Districts. This subtracted population from District 4 and dropped its population considerably below the 5% threshold and at the same time, this added population to District 1 and increased its population considerably above the 5% threshold. District 3 gained a small amount of population but stayed within the 5% threshold. Staff attempted to balance District 1 by shifting Blocks in Glenmeadows from District 1 to District 6. This reduced District 1 to a population below the 5% threshold and increased District 6 to a population that is still below the 5% threshold. District 4 is still below the 5% threshold and will need additional map changes to increase its population. e e The map in your agenda packet is in "draft form" only and is not being recommended. Due to the error found and the impact it caused, Staff did not analyze the data to the fullest degree possible. The map is only to offer you an option that may be available and/or to assist Council with providing Staff further direction. Staff would like to recommend that Council receive the information and study it over the next two weeks in order to be prepared to workshop it at the June 24th regular Council meeting. RTH:su cc: John Joerns Jr Map Map Map District Population Ideal Variance % Variance R-009-A R-009-B R-009-C . 1 5,467 5,313 154 2.90% 3.31% 3.31% 3.61% 0 2 5,306 5,313 (7) -0.13% -0.13% . 3 5,531 5,313 218 4.10% 3.69% 3.69% 4.46% . 4 5,064 5,313 (249) -4.69% -5.29% 3.58% -7.42% . 5 5,048 5,313 (265) -4.99% 1.86% -4.99% . 6 5,464 5,313 151 2.84% 3.44% 1.39% 4.50% TOTAL 31,880 White 4,025 73.62% 3699 69.71% 4,237 76.60% 2ffi 52.74% 3:670 72.70% 4227 77.36% 22,533 70.67% Black or African Hispanic American 1,162 21.25% 1,271 23.95 -m 16.56% 1,372 27.09% ----m- 18.40% 870 15.92% 6,521 20.45% 162 2.96% 1:29 2.43% -m 4.03% 8'96 17.69% ---na 6.30% 213 3.90% 16941 6. 8% 23 0.42% ~ 0.36% ~ 0.52% 12 0.24% 31 0.61% 17 0.31% 131 0.41% American India n or Alaska Native Asian ~7 0.86% --uo 2.07% ---si: 0.92% --s7 1.13% 18 0.36% 61 1.12% 344 1.08% 2 0.04% --:; 0.13% 1 0.02% ~ 0.06% 0.00% ----a 0.15% ---n 0.07% Native Hawaiian or Other Pacific Islander Other '"46 0.84% ----n 1.34% ~ 1.34% --s3 1.05% ---s2 1.62% ~ 1.24% ~ 1.24% CITY OF SHOREACRES 6/5/02 DMAP#: N/A SCA~ AS NOTED DATE REVISIONS NO. I REVISION IISSUE CCMMITIEE REVlSlrn COMMITTEE FEVISlON COMMITTEE FiEVI510N PROJEGr SHEET OF DATE ~ 10/\5101 1 Of16JlJl ~ CITY OF PASADENA REDISTRICTING MAP ADD TO DISTRICT 1 PER GUY SUTHERLAND'S MEMO 1, BAYPORT INDUSTRIAL DISTRICT SOUTH LA PORTE INDUSTRIAL DISTRICT e BATTLEGROUND INDUSTRIAL DISTRICT N.T.S. CITY OF MORGAN'S POINT REMOVE FROM DISTRICT 6, ADD TO DISTRICT 4 - BAY REVlSED: Cl-ECKED BY: - APPROVED BY: ~ PLANNING DEPARTMENT 604 W. FAIR MONT PKY. LA PORTE, TEXAS 77571 281-471-5020 R-009-C REVISIONS MADE BY DOUG & MARTHA AS DIRECTED BY CITY MANAGER LEGEND CENSUS TRACT MAP ENGINEERING DIVISION as MG RTH = CITY UMITS CITY OF LA PORTE CENSUS BLOCK NO. 3000 1017 3433 i ;'DOJ JUO? JOOS JOI0 3009 JOll 3012 JOH J013 Ja:'D JD:JJ J01., II 3015 . J013 3017 I 3019 :ZOOO ORIGINAL BOUNDARY INTERPRETATION i I III . III . I AC-rlJ/l\L SOUi\JDAR.\( e MEETING HANDOUTS e SCU-02-002 e City Council e Council Date: 06-10-02 Project: Texas Import/Export Park at McCabe road and new 146: I apologize for the present presentation but due to short time limit, this document is mostly in bullet form. However, I hope there is enough here to cause most people to think seriously and do the logical thing, deny this re-hashed application. Copies of the documents given to the P & Z commission are attached. 1. The people present from district 5 and the "Old 146 Committee" are not against progress but like to see similar entities in similar or already existing locations, residential with residential and industrial with industrial. Also, the general feeling is that this application is very different from what was approved a couple of years ago. 2. The proposed location flies in the face of future planning by the City of La Porte, notably the proposed development of the area next to the new municipal golf course. How many people will be willing to invest in residential real estate (home) next to an industrial park? How will they get home and how do golfers go play amidst the heavy truck traffic ? What will happen to the tax base? What will become of our efforts to clean up this part of town and make it truly residential? This project will cause most of the residents of La Porte to sandwiched between two piles of rusty containers. 3. If this is such a worthy project, why was it dead for two years, why is it being resurrected now? If you enjoy breathing, you might be concerned by the emissions created by train (22 rail lines) and all the diesel trucks used for road transportation. If you think it takes too long now to get to Kemah on SH 146 from 3:30 PM on, it is easy to imagine what the increased truck traffic will do. What about traffic safety (recently, an older resident of Morgan Point got killed by a truck there while jogging), noise, smell and light pollution etc. But so much for the negative, the list is too long for the few minutes allowed, let's look at the future of this city. 4. Where is the growth potential in our area? For that, you must look at the localities South of us such as Seabrook, Kemah, Clear Lake all the way to League City. Where do they put their investments? Like the rest of the nation, in service jobs, relying heavily on the tourist trade, in residential real estate, hotel/motel properties, restaurant, marinas etc. What happened to the great plans for the above? Why not expand Sylvan Beach park and the boat ramp into a basic marina to be expanded later through intelligent zoning and long term investments? Obviously if a city relies on sale tax revenues this must be considered. This kind of development increases property values. What is proposed with this project will cause a general decrease in the surrounding area except may be for a very few outsiders located in Houston and Los Angeles. Will La Porte be the new Long Beach? This obvi.ously a concern of many other people, witness the editorial comments of this week Bayshore Sun. What happened to the recreation aspect of La Porte? Did it get buried under the increasing number and the proliferation of the containers? We must re-orient the direction of our future here and at all levels of local government and dissipate the image of La Porte being only a blue collar community. We have a solid industrial base located along SH 225, we need an equally solid residential and recreational area in the rest of the city. 5. In conclusion let's go where the real future is, let's make it happen now and deny an already obsolete permit application. We certainly hope that the commitments made by the newly elected officials of this council will be honored. If it was not good enough two years ago, in view of recent events it is File Name: SCU-02.doc Page I of I SCU-02-002 e City Council e Council Date: 06-10-02 certainly not any good for the present time. La Porte must grow as a residential and recreational community because this is what it is. File Name: SCU-02.doc Page 2 of 2 , SCD 02-002 e La Porte P & Z Commission e Meeting Date: 05/16/02 S CD 02-002 Project: Texas Import/Export Park at McCabe road and new 146. 1.0 The size of the project is most impressive, almost 300 acres! The location flies in the face of future planning, by the city, concerning the development of the area next to the newly created municipal golf course. How many people will invest large amount or any money at all in real estate holdings including a large and expensive home next to an industrial park? What is this going to do to the tax base for this area? 2.0 We have been trying with some success to clean up this part of town, with the aim to make it pleasant to live there. The last thing we need is an industrial park with the noise, the sights and the traffic congestion. 3.0 Going over the document submitted to our attention, Special Conditional Use Permit: 3.1 Background: . Why did CDM opt out of the project? . What is the "Exxon Drill site"? 3.2 Article VIII: . The already congested 146 will be much worst all the way to Wharton Weems. The traffic is now stop and go from the Kemah bridge to some distance past Port Road, from 3:30 PM to at least 7:00 PM. . Since Harris County will foot the tab for the overpass study at Fairmont Parkway and the Rail intersection, what will be these people's contribution? . Of course, the large number of trucks (mostly diesel) and their influence on the local population has not been raised. It's only a matter of atmospheric and noise pollution with the health consequences on top of the traffic congestion. As we know, we are already in non-compliance regarding the national ozone standard, 4th worst in the nation. Do we know the estimated number of trucks that will come and go at anyone-day? 3.3 Article IX: . We are to believe that the developer will actually manage the rail yard so it "mav decrease the conflicts at Fairmont Parkway". . But, since there will be only "22" rail lines in that amount of space, I cannot see why there should be a problem! 3.4 Exhibit "D" Land Use Exceptions: . We already know the influence of shipping containers on the neighborhood, per the preceding section. Why are shipping containers permitted when, in pure contradiction with Exhibit D later, they are excluded in three successive paragraphs? If this is allowed, the city of La Porte will be sandwiched in between two gigantic rust piles, stacked sky high. 3.5 Conclusion: File Name:05-16-02 P&Z SCD 02-002.doc Page I of 2 l SCU 02-002 e La Porte P & Z Commission e Meeting Date: 05/16/02 I am certainly glad to see that the staff (meaning who?) and the developer agree that this is in the best interest of the people. It is always reassuring to discover that our public servants have our best interest at heart. By the way, I am still looking for their comments as announced in the section 5 of this document (missing, but is it available?) 4.0 Development Agreement: 4.1 What is the significance of the date: 10th of June 2002? Please explain. 4.2 Recitals: How does the multifamily residential fit in this picture? 4.3 8.3 Page 6 of 9: . What is the role and influence of the Port of Houston Authority in this project and what are the links to the proposed PHA project in Seabrook? . Grade separation: Does this refer to the overpass on Fairmont? Is it the same one as described earlier whereby the developer is no longer contributing to the expense of the engineering design? Did somebody miss something? The rest of this document is mostly a re-hash in other terms of the preceding section with no value added. Two interesting points however, the address of the developer: Houston, not La Porte, and the owner or Agent: Los Angeles California (Do these people have any interest in the Long Beach/Los Angeles corridor? If you have been privileged, as I have been to see this, you will not want to see this happen to your neighborhood). 5.0 Exhibit D: 5.1 As outlined previously, three consecutive paragraphs excluding the use of shipping containers. 5.2 Article VIII: . Section 5. (g): Shipping containers again, and as we already know, there will be no violation of the City ordinance regulating their use. In conclusion, I fail to see the harmonious coexistence of such an endeavor with the proposed planned community around the newly created golf course. How is this compatible? Who would be fool enough to invest heavily in private or even public housing around such a creation? I was under the impression that this part of town would be classified as residential. We already have an "industrial doldrums" at the opposite side of town, I do not think we need to create another one here. If any other classification should co-exist with the residential aspect of this part of the city along the new 146, it should be light commercial to better serve the residents as it is done in all other communities along 146 such as Seabrook and Kemah. Industry if any should be kept on the West Side of the railroad track, invisible from 146. File Name:05-16-02 P&Z SCU 02-002.doc Page 2 of 2 e e Legrand, Bernard N From: Sent: To: Jim Blackburn [jbb@blackburncarter.com] Thursday, May 16,20022:15 PM Brian Pietruszewski; Charlotte Cherry; Debra Gallington; Dick Morrison; Elaine Douglass; Ellyn Roof; Gerry Cooney; Harvill Weller; Katie Chimenti; Laurence W. Tobin; Mary Beth Maher; Nancy Edmonson; Natalie O'Neill; Sally Antrobus FW: Study confirms cancer risk from soot Subject: SEATTLE POST-INTELLIGENCER http://seattlepi.nwsource.com/local/70607-pollution16.shtml Chemicals emitted by diesel trucks and other vehicles are main cause Thursday, May 16, 2002 SEATTLE POST-INTELLIGENCER STAFF AND NEWS SERVICES A study released yesterday confirms that air in the Puget Sound area is among the nation's worst for levels of diesel soot, a major contributor to cancer risk. The study by the Puget Sound Clean Air Agency estimates that 550 in 1 million people would develop lung cancer over a 70-year life span from exposure to burning diesel fuel in the greater Seattle area. Nearly 700 in 1 million would be expected to develop cancer from exposure to diesel and some 30 other pollutants measured in the study. "It's not something that people should panic over," said Stu Clark, policy analyst with the state Department of Ecology, "but it is something people should be concerned about." The health risks are in roughly the same range as exposure to second-hand smoke, he said. The study confirms a 1996 federal report that showed King, Snohomish, pierce and Kitsap counties are in the 90th percentile or above for levels of chemicals emitted by the burning of diesel fuel in semi-trucks and other vehicles, Clean Air Agency Director Dennis McLerran said. The agency was skeptical at first when the U.S. Environmental Protection Agency ranked the area's air pollution with cities such as Los Angeles and Houston, McLerran said. The study estimates that between 70 percent and 85 percent of cancer risk in the region comes from diesel fuel. Standard gasoline emissions remain a concern, McLerran said, but cars, unlike diesel vehicles, are required to have catalytic converters and other pollution-reducing devices. Data came from six months of monitoring for pollutants at six King County sites: Beacon Hill, Georgetown and Maple Leaf in Seattle; suburban Lake Sammamish east of the city, Lake Forest Park to the north and SeaTac to the south. Models were used to estimate pollutants in the other three counties, and their levels were consistent with those measured in King County, McLerran said. Diesel exhaust contains very fine particles that escape capture by the lung's defense mechanisms. They bind toxins such as benzene and hydrocarbons and can enter the bloodstream. e Diesel emissions can be significantly retrofitting diesel vehicles with new cleaner diesel fuel. e reduced, McLerran said, through exhaust systems that can burn "A local government, by purchasing this cleaner fuel and retrofitting its fleet, can clean up its fleet by 90 to 95 percent," he said. The Clean Air Agency is working with officials in Seattle, King County, Everett and other local governments to encourage retrofitting of buses and staff fleet cars, McLerran said. C 1998-2002 Seattle Post-Intelligencer Eric Dram Midwest Regional Representative Sierra Club 214 North Henry Street Suite 203 Madison, WI 53703-2200 2 e e 5 PEe I A L T Y GAS CON C E P T 5 City of La Porte, Texas P.O. Box 1115 604 West Fairmont Parkway La Porte, Texas 77572-1115 RECEIVED JUN 1 0 20D2 CITY MANAGER'S OFFICE June 7, 2002 Auention:Bobllerrera/all Dear Bob, I just wanted to drop a brief line to you and I would appreciate it if you would pass it along to evervone. I genuinely appreciate all the kind words and encouragement that I received Tuesday night but I also appreciate the aUention and respect that has been shown to me over the past sixteen years by the staff, mayor, members of council, and employees of the city. The attitudes and atmosphere offriendly positive people is a tremendous assetfor this city and it has been impressive and I actually believe that it has goUen beUer over the years. I am sure I will miss all of the action but I really needed a break and I feel very good about your new counciL I am lookingforward to continuing my work with the TIRZ Board and hope that it finally "takes off'. I will really miss all of the golf scrambles and the associated camaraderie because in spite of the "golf'it was fun. In closing I want to thank everyone that had a hand in the proclamation, the plaque, and in particular the beautiful watch. I will probably never carry the watch but I can assure you that it will be "displayed" prominently in my home. I am very proud and appreciative and I am humbled by the thoughts and kind words that came with it. I consider all of you as dear friends and I will definitely stay in touch. God Bless you all. Respectfully, ~l.~ Alton E. Porter 4344 South Main' Pearland, TX 77581' 281.482.7007 . (FAX) 281.482.9216 . 800.847.5664 . (FAX) 800.235.9380 \ , , e e 8.4 Transportation Issues. The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. On or before the expiration of one calendar year :from the date of this Agreement, Developer shall provide to City through sales contract negotiations or otherwise $50,000 "seed moneys". This money is intended to be used for study, design and/or construction of projects to alleviate transportation issues that impact this project. ..., - ,. ...---- JUN-04~2002 ruE 11:18 AM' ~ FAX NO, e P, 02 ~ City of La..: Porte Established 18'92 Stull1 H'aynswt>1'th 815 Walker Suiteii 14)~ ,Houston, Texas 77002 '.RE~ ..IOtas ImportE~port '. Phase I-A Dear'M, Haynsworth: At the May 16,,2002 Pl~n,iingand ~oning Commission meetillQ, the, Comrit,isaion ,expressed an inttllrestin re-dirc:ctirtg the $50~OOO ."seed moneys'"that were planned for the Fainnont Parkway Onide Separa~on 'Study: 10 addition, the Commission wanted t~s change" retlected i'n the Development Agreement. Below is the proposed text that Sta:n'will,in6l~de,il'l the Pevelopme!lt Agreement. ',. ' CUlTentTt>5L , 8.4 fairinont P.~way~ The Developer snail continue to. worK ,with tl:le "City, Port of Houston ,Authority, Harris County end the other publl(: and ':. private "8ctor:. int(llre~ts to 'Implement early construction. ,of a grade separation at Fairmcnl, ParkWay. On or before,the' expiration of one . calendar year from the date of this Agreement, Develo~r 'shall. prov.lde, to City through sales contract negotiations or otherwise $SO , 000. 00 4seed moneys~ fOr the engineering design of said grade separation. CitY 5haJl, lilt 'City', expense proylde, the remainder of said .seed mone>,s~,to,insure the cQmpletlon of the engineering design of said grade separatiOn. ' ~ddit\onalT~ " '(NOT~: Since the approvsl of SCUP 98--01, HarTis County agreed tofund ' the oonstruction of a ,goo. separation at Falnnont f'arkway~, Th9 ,. , COmmission's intention is to feeireet the $60,000 KS~ moneys". to $lJeviate- other tran$JJOrlaDon isSues 'that impact,thlS project. These ;"t.leS may , , incIude~,bu~ 8/8 not limited to ,developing 8 study to reSolve Signalization issues along. Wharlon Waems Blvd.; etc.), and wi 11 include oml V TIRZ , 'eliq:t:ble pro1ects. Further, the one...year ",time.. requirement , PleasQ r:eview tbis prior to tne June 10, 2002, City Council Jn~ting. .If y~u have any quesiiofJs, call me: call 281.471.5020~ 292. . shall c: ommen ce when a building, permit has been ,qranted 'for the f~tet develooment east of 16th St. oo~w~ 6011 W. F'airmOI~t'l'kwy. · Lo.l'otlE:, TCX05 77571 · (Zall471.S020 lB 39l3d H1ClOMSNA\;IH BB9lSLlZElL 9Z:El ZBBl/9B/9B e e June 10,2002 Mayor City Council Fellow Citizens of La Porte I am against the 'truck stop' project that is being decided upon this evening. I think it is apparent and documented in the packet that you have reviewed for this meeting. You already know the facts about air pollution, noise and light pollution and the unsavory elements that can accompany this sort of business. There is another side to this debate that must be brought forth. Several individuals have taken it upon themselves to turn a possible community opportunity into an individual's bashing of me and my integrity. I don't like to discuss personal matters in public but I feel that I must defend myself against several of the officers of the La Porte Community Civic Club and the La Porte Community Civic Club who are proponents of the 'truck stop.' I have had to tolerate excessive verbal and printed abuse since the 'second coming' of this business endeavor of Mr. Narsi.. For example: Mr. Perry, the president of the club, has declared in the Bayshore Sun that I (quote)"should take his sheets and move to Santa Fe". Mrs. Gay, the program committee director, has said far too many derogatory remarks to even list in this meeting. Evidence of these remarks are printed here. I apologize for the poor quality of the copies. Mr. Narsi, the owner, has said in my presence and I quote, "this is the kind of man that eats hamburgers and talks 's#*t'." (crap) This is a small sampling of the non-substantiated degrading material that I have had to endure for the past several weeks. e e You know what, I am still against the project! This is not a good option for the North Side Community. It will not enhance the quality of life nor will the community benefit in the manner that has been 'promised' by Mr Narsi. Property values could be severely effected. I am not against business on Barbours Cut but I do believe that a community conscious business could be successful. Please make the right decision for the citizens of the North Side. D. Paul Larson e e D. Paul Larson 406 N. 4th St. La Porte, Texas 77571 re: Project @ Barbours Cut & N. 2n<J St. I ~\ <-,tu ~ \SJ~\ June 5, 2002 Mayor Malone City COWlcil City Manager Dear Sirs, 1 am enclosing the hook "Petition Against the Proposed Development of the Convenience Store with the Truck Fueling Facility." This book was submitted to the Members of the Planning and Zoning Board on May 16, 2002. I am submitting this same book for your review and consideration. ~ As per the presentations to the P&Z Board, it appears that the land^is misrepresenting his intentions, manipulating the ordinances and/or misguiding the citizens of this community and La Porte to develop this 'Convenience Store with Truck Fueling Facilities.' In reality, it is still a 'truck stop.' 1. Last time this issue came up to council, we submitted to you a total of over 285 signatures indicating the opposition to the project. Additional petitions with 95+ signatures against this project are herewith submitted in section 2 of this book. These signatures are from the community including local churches, schools and residents of the immediate area. 2. We have submitted actual photos of several typical 'truck stop' facilities and 'convenience store facilities for your review and compwison. They are Located in section 3. Please note in these photos that convenience stores do not incorporate separate fueling isLands for cars and trucks but 'truck stops' do separate the two. 3. We have also submitted, in section 4, several selected pages from the La Porte Zoning Code Book. It states that C-stores are not allowed with truck stops in the GC zone. Also, truck stops aren't even Listed in BI zones. 4. I sincerely request that you please read section 5 in this book in detail. It will provide you with important information regarding alarming environmental problems for the public. I hope that you will find this infonnation helpful in making the right decision on Monday, June 10,2002. sinllV~ ~ D. Paul Larson . . . e e Petition Against The Proposed Development of Convenience Store with Truck Fueling Facility On Barbours Cut Blvd & North 2nd Street, La Porte, TX From The Concerned Citizens & Parents of Dewalts School Students Submitted To City Planning & Zoning Board, La Porte On Thursday, May 16,2002 e . . . tit Letter to Planning & Zoning Board Petitions Against The Proposed Project On Barbours Cut & North 2nd Street. Photo Comparisons of Truck Stops Versus Convenience Stores Selected Pages of P & Z Code Book Pollution Related Articles . . . e e May 13,2002 Mrs. Betty Waters, Chairperson Planning & Zoning Board La Porte, Texas D. Paul Larson 406 North 4th St. La Porte, Texas 77571 281.842.7441 ref: Harbours Cut & North 2nd St. Project Dear Mrs. Waters, Enclosed you will find materials supporting our protest against the proposed development on Harbours Cut and North 2nd S1.. 1. An additional petition with 95+ signatures against the project. (We have previously submitted petitions with over 285 signatures also opposing this project.) 2. Comparisons of convenience store facilities vs truck stops with photos. (Note in these photos that convenience stores do not have separate pump islands for trucks and cars but truckstops do have separate fueling areas.) 3. Selected pages from the La Porte Zoning Ordinances. 4. Pollution related materials focusing on diesel smoke including an article published in the Bayshore Sun dated June 29, 2001. I hope that you will find this information helpful in making the right decision on Thursday, May 16,2002. Si~~~ D. Paul Larson e e _ay 13, 2002 Planning & Zoning Board Members La Porte, Texas The proposed development of Convenience Store with truck diesel fueling facility at Barbours Cut Blvd and North 2nd Street in La Porte, will bring emission of diesel smoke, emission of odor, explosive chemicals and dust particles closer to the Dewalt School and neighborhood community. We do not wish to see our children going to Dewalt School to be exposed to hazardous health conditions. The diesel smoke creates air pollution, which in turn creates allergy, bronchitis type conditions, asthma, and lung disease. We believe it is a Truck Stop operation, and itdoesn't fit in the neighborhood area. We, the undersigned, concerned parents of DeWalt School, La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a qevelopment of C-Store and Truck Fueling facility. .J I ~ ~ ~\}'J ,~ ~~~f'\ If! $rl1 [~r:; C 'JcJ!;c. C if{l'j .' I /'lJ [(' / I (; ~ (,--..Q ~f' A r If tn Addrress . 1 _ J 3/":7 ~J&IIIl cJ M'J #(J /,~ ;p 1\ ,f A\.. ~ \ \ ~{qJh.e.J . J. -flb 3 L -Grit 7 fls-AJZ~ L4,?~~ 7.:>< '>7S~1 ~() ^~(1i aJ s~) u f>tHt'f-eC Iv ItS?l 1ft;- 1/ 77[-- L C) ~,<'---h-.. fA LG Q t1 1 /... S' 0 hI../( b1-?hr /(1);- I e e -May 13,2002 Planning & Zoning Board Members La Porte, Texas The proposed development of Convenience Store with truck diesel fueling facility at Barbours Cut Blvd and North 2nd Street in La Porte, will bring emission of diesel smoke, emission of odor, explosive chemicals and dust particles closer to the Dewalt School and neighborhood community. We do not wish to see our children going to Dewalt School to be exposed to hazardous health conditions. The diesel smoke creates air pollution, which in turn creates allergy, bronchitis type conditions, asthma, and lung disease. We believe it is a Truck Stop operation, and it doesn't fit in the neighborhood area. We, the undersigned, concerned parents of DeWalt School, La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a development of C-Store and Truck Fueling facility. Addrress ~/5 A/ 2Aftl ::;I ~ ~ ..:;:;::;-= , ~/r ~':;r1 ~8jLl(}, " ~ ~/c2A ~ Nrl/ ~ 1;) 5 .l1.?- 4C( "$/'- ;fie , # ~ W ~ -i1l~jilt 3~\ ~ . t'~ ,>;\j AJ.' "0" <b :hf1(,C(<<'-<~ 15;4ArJ t S- 11 AI 3rJ yt _ ~L- ~ ~~.:f?6 d~4 5f~ "~0 /' ~JJ )t,Jt.lrT~r5/-' .,.,. :-' , e e . May 13,2002 Planning & Zoning Board Members La Porte, Texas The proposed development of Convenience Store with truck diesel fueliIlg facility at Barbours Cut Blvd and North 2nd Street in La Porte, will bring emission of diesel smoke, emission of odor, explosive chemicals and dust particles closer to the Dewalt School and neighborhood community. We do not wish to see our children going to Dewalt School to be exposed to hazardous health conditions. The diesel smoke creates air pollution, which in turn creates allergy, bronchitis type conditions, asthma, and lung disease. We believe it is a Truck Stop operation, and it doesn't fit in the neighborhood area. We, the undersigned, concerned parents of DeWalt School, La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a development of C-Store and Truck Fueling facility. Name ..2-: Addrress · ~e'm~lrt;~Nfyt@ iflr;6~~~- ~~~71 . ~JCl -bf' 3lS l'l.:Ut 2.i\~ ~-l-, () f-r---# 4. () La 1Jfre IJf 775 - 3/51/ ?/Vd <):; ltfi#ll tAPor<?- ./X/iI57l c1~k./<)~ ~ ~'~~ Nt.Y 7yto( Q'p-t 44{Q La'fdr-te T< 77S'1 (J?~~0i~. 315-/1 :'2hu sJ:;f~~_rVlk :t"-t.. nA9aZ::~ ::~ ::A: gffj tvd~?;'~~~~~)~ ~ ~'~ '1f;~,pJ sf; I:c, , .f\\~ \1G~D[\ 6\S ~1~ ta1ov+e T'I. ~tJ Gel' (lL n c '\ {: i 3J ~ ~-j!12V\..d ~ LA ?~.~+ [. T....'X c' . . . UQ jl5 lu, .. ~t :t . L' b . f\(\( 1:') JI C-hG1~<~ ~\bn (hr . May 13, 2002 Planning & Zoning Board Members La Porte, Texas e e The proposed development of Convenience Store with truck diesel fueling facility at Barbours Cut Blvd and North 2nd Street in La Porte, will bring emission of diesel smoke, emission of odor, explosive chemicals and dust particles closer to the Dewalt School and neighborhood community. We do not wish to see our children going to Dewalt School to be exposed to hazardous health conditions. The diesel smoke creates air pollution, which in turn creates allergy, bronchitis type conditions, asthma, and lung disease. We believe it is a Truck Stop operation, and it doesn't fit in the neighborhood area. I We, the undersigned, concerned parents of DeWalt School, La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a development of C-Store and Truck Fueling facility. Name /" -lJ, ..c () Cl ~;y -1-~^^^/ ,/~:i:~ :P-4. d) J Addrress 3).J'''' Nt'" ~rd. 5+, . 3:Jl () j), tt-lh '5 f. L~15 ri~ :L -~ (/ 7Cf 1"'1 L, ~I J) f .......) s..r e e May 13, 2002 . Petition Planning & Zoning Board, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the Planning and Zoning Board regarding the proposed development on Barbours Cut Blvd and 2nd North Street. We are expressing a very strong opposition regarding a development of C-Store with truck fueling facility. This neighborhood does not wish to allow a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. We would like to see that the city should rebuild and revitalize this neighborhood. We would like to work together with city officials to get low interest loans and grants from various governmental agencies to build affordable houses in this neighborhood. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. C-Store with truck fueling facility will invite large number of trucks closer to neighborhood with diesel engine running which could create environmental problems for the neighborhood. We, the citizens are against this retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and undesirable problems in the area. We do not wish to experience the same nightmare again. . We don't wish to see these kinds of retail developments in this neighborhood. We, the undersigned concerned citizen of La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a c-store with truck diesel fueling facility in a residential neighborhood. . ncerned Citizen of La Porte I~~;)d~~ e e May 13, 2002 . Petition Planning & Zoning Board, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the Planning and Zoning Board regarding the proposed development on Barbours Cut Blvd and 2nd North Street. We are expressing a very strong opposition regarding a development of C-Store with truck fueling facility. This neighborhood does not wish to allow a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. We would like to see that the city should rebuild and revitalize this neighborhood. We would like to work together with city officials to get low interest loans and grants from various governmental agencies to build affordable houses in this neighborhood. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. C-Store with truck fueling facility will invite large number of trucks closer to neighborhood with diesel engine running which could create environmental problems for the neighborhood. We, the citizens are against this retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and undesirable problems in the area. We do not wish to experience the same nightmare . again. We don't wish to see these kinds of retail developments in this neighborhood. We, the undersigned concerned citizen of La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a c-store with truck diesel fueling facility in a residential neighborhood. Concerned Citizen of La Porte . e e May 13, 2002 . Petition Planning & Zoning Board, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the Planning and Zoning Board regarding the proposed development on Barbours Cut Blvd and 2nd North Street. We are expressing a very strong opposition regarding a development of C-Store with truck fueling facility. This neighborhood does not wish to allow a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. We would like to see that the city should rebuild and revitalize this neighborhood. We would like to work together with city officials to get low interest loans and grants from various governmental agencies to build affordable houses in this neighborhood. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. C-Store with truck fueling facility will invite large number of trucks closer to neighborhood with diesel engine running which could create environmental problems for the neighborhood. We, the citizens are against this retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and undesirable problems in the area. We do not wish to experience the same nightmare again. . We don't wish to see these kinds of retail developments in this neighborhood. We, the undersigned concerned citizen of La Porte respectfully request the Planning and Zoning Board to deny the request for a special condition use permit for a c-store with truck diesel fueling facility in a residential neighborhood. Concerned Citizen of La Porte . . . . e Sample of Truck Stooe Pilot Truck Stop 1-10 and Thompson Road, Bay town, Texas t ". ~.",.- "cr..' ~..,__. I :C-.c. ~~'. ....' - . Photo 1: Gasoline Canopy in front and the truck diesel fueling canopy in back of the Store Building Photo 2: Truck diesel fueling canopy in back side of the store building . . . e Sample of Truck Stope Citgo Truck Stop 1-10 and Main Street, Baytown, Texas Photo 1: Gasoline Canopy with Store Building in the Background Photo 2: Truck diesel fueling canopy behind the store building . e Sample of Truck Stope Former William's Truck Stop 1-10 and Thompson Road, Bay town, Texas . Photo 1: Gasoline Canopy with Store Building in the Background . Photo 2: Truck diesel fueling canopy on right side of the store building e Sample of Truck Stope . Chevron Truck Stop Hwy 225 and Red BlutT, Pasadena, Texas .- J.;...~:9:'J' ~:.. <..;d;';~. ~~ . ~ - ","J if:" ':~.: {~ r.~_ ~ i . Photo 1: Gasoline Canopy in front and the truck diesel fueling canopy on left side of the Store Building . ~ !mPle: Convenience Store · Chevron Convenience Store Spencer Hwy ac.'oss from La Porte Airport ~ .'- ~~8':1.T" ~ .t!~~ ,. '; . , .-....... , -- ~-..~:~~ ; '~""-.~~n~~".!~): -i. '- . L_ ~ Sample: Convenience Store Citgo Convenience Sto,'e Across from La Porte City Hall ~.~." .r..~i: ...}~} &) .~~~~~~~.'_.. .:..- !:'. . ~.".- .... e e e Sample: Convenience Store Conoco Convcnience Store Fairmont Parln\'ay & Thrift-wood . Sample: Convcnicnce Storc Diamond Shamrocl{ Conveniece Stol"e Fairmont Parkway & S. 16th St ~t) [ l,r.. :;.. -.' '," ,;~ ' ~ . ---- . . . e p & Z Committee Members: e The proposed project contains all the amenities of a Truck Stop. Let us compare: (A) Truck Stop: Normally a truck stop has several gasoline pumps in front of the building and several diesel pumps for trucks in the back of the building or on either side of the building. A truck stop also has restaurant or deli facility. It provides large parking area for the truck turning radius. Most of the time, it will need approximately 2+ acres of land. (B) Convenience Store: Normally a typical convenience s{ore could have 2 to 4 gasoline pumps with the size of building approximately 2000 to 3000 square feet with the land area of Approximately 30,000 square feet. The proposed facility: It will have 4 gasoline pumps in the front of the building and several diesel pumps in the back of the huge building for trucks diesel fueling. It has deli or restaurant facility which will require truck parking for drivers to park their trucks. It will have 2.5+ acres of land for truck turning radius. Isn't it a truck stop? Let us see the attached samples of truck stops and convenience stores. .. e e . ~ 106-441 LA. PORTE CODE ,.- CD ! Uses (SIC Code #) Zones I CR NC Museums, art galleries (841-842) C . Offices for doctors, dentists, ete. (801- 805) . P P Passenger transPortation (411-415) . . p Personal services (7211-7215, 722- 729) . P P Recreational buildings and community centers C p P Reproduction, photography, and clean- ing services (733-734) . P P Repair services (7699) (except tank truck c1eaJ';ng) . . P Retail bakeries (546) . P P Securities and insurance (621-039) . . P . Service stations (554) .. P ( Gee stations, ..duding truck stops ....! C . ~ (554) . Underground pipelines (461) . P P VeterinarY services (0742) . P P Video rental and sales shop . P P Parking ramps and stroctures C P P Commercial PUn (Refer to section 106- 636) . C C Outdoor sales as a primary' or acces- sory use . . P (C, G) Outdoor storage as a primary or acces- sory use C '" P (B) Off-site parking C C C Off-street loading C C C Joint parking C C C . Drive-in or drive through facili ties as an acteSSory or principle use C C C Kennels, boarding. (0752) * '" C -- CDI06:58 . . . e e ~ 106-479 LA PORTE CODE ......-l See. 106-479. Special regulations and procedures. Refer to articles ~ V, VI and vn of this chapter. Sees. 106-480-106-495. Reserved. Subdivision Iv. GC Genual Commercial. District See. 106-496. Purpose. The purpose of the GC general commercial district is to provide for low intensity, retail or service outlets which deal directly with the customer for whom the foods or services are furnished. The uses allowed in this district are to provide goods and services on a community .market scale and located in areas which are well served by collector or arterial street facilities. See. 106-497. Permitted, accessory, and special conditional uses. Refer to Table A, commercial uses, section 106-44L See. 106-498. DensitylinteDsity regulations. Refer to Table B, commercial area requirements, section 106-443. , -, See. 106-499. Special regulations and procedures. Refer to articles ~ V, VI and vn of this chapter. Sees. 106-506-106-520. Reserved. DmsroN 4. INDUSTRIAL DISTRICT REGULATIONS Subdivision 1. Generally See. 106-521. Table A, industrial uses. (a) Table A, industrial uses. P (ABC) - Permitted uses (subject to designated criteria established in se<<:!-ion 106-523). P - Permitted uses. A - Accessory uses (subject to requirements of section 106-741). C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-523). CDI06:64 e e . ZONING ~ 106-521 ... - Not allowed. Uses (SIC Code #) Zones BI LI HI All uses permitted or accessory in the GC zone, except residential p p p All uses conditional in the GC zone, except residential C C C Nonmanufacturing Industries: Aiiult oriented business ... ... p(G) Air transportation (451-458) p P P General contractors, heavy construction (161, 162, 1541) P P P Highway transPortation terminal and ser- vice facilities (417) p P P Motor freight transportation and warehous- ing (421,423) ... P P . Farm product warehousing and storage (4221) ... P P Public warehousing (4222-4226) P P P Railroad transPortation (401) ... ... P Shipping container, or fabricated plate work (3443) Storage inside P(ACDE) P(ACDE) P Storage outside (refer. to Section 106- 444(b) ... P(ACDE) P Telecommunications towers and facilities (subject to requirements of sections 106- 890 through 106-907, inclusive) C C P Wholesale trade: Durable goods-light (502, 504, 507, 5082, 5087, 5094) P P P Durable goods-medium (501) p P P Durable ~ods-heavy (503, 5051, 5082- 5085, 5088> ... C P Durable goods-heavy (5052,5093) ... ... p . Wholesale trade: Nondurable goods-light (511-514, 518) P P ,p :f No Trl..\.c..k.st-o~_o..\ \oWV) Supp. No. 1 CDI06:65 I'" L e e . ~ 106-5~1 LA PORTE CODE . .r-- . , . ~ Uses (SIC Code I) Zones BI U HI Nondurable goods-medium (5172, 5191- 5199) C P 'p Nqndurable goods-heavy (515, 516, 5171) * * P Manufacturi.ng Industria: Chemicals and allied products (282-285) '" P(ACDE) P Electrical and electronic equipment and supplies ~t(361--365,367) P(ACDE) P(ACDE) P Medium (361, 366, 369) P(ACDE) P(ACDE) .p Fabricated metal products and machinery Idght(341--345, 358, 3592) P(ACDE) P(ACDE) P Medium(3493,3498,351~53,356) * P(ACDE) P Heavy (346, 347, 354, 355, 357) '" PCACDE) P . Heavy (348) * * P Food and kindred products Idght (202, 205, 2065-2067) P(ACDE) PCACDE) P Medium (2086, 2087, 2092-2099) C P{ACDE) P Heavy (201, 203, 204, 2062, 2063, 207, 2082-2085) '" C P Leather and leather products (311--319) C P(ACDE) P Welding shops (7692) P(ACDE) P(ACDE) P Lumber products, furniture and fixtures Idght (251-259) P(ACDE) P{ACDE) P Medium (243-245) C P(ACDE) P Heavy (249) '" C P Measuring, analyzing and controlling in- struments (381-387) P{ACDE) P(ACDE) P Miscellaneous manufacturing (391-396) P(ACDE) P<ACDE) p. Machine shops (3599) PCACDE) P(ACDE) P . Mil.iculluncous manufacturing industries (3991-3995) '" P(ACDE) P Off-premises freestanding signs See article vn of this chapter Supp. No. 1 CDI06:66 e e ZONING ~ 106-521 . BI Zones U HI Uses (SIC Code #) . On-premises freestanding signs Paper and allied products (265-267) Printing and publishing (271-279) Rubber and miscellaneous plastics (301, 302, 304, 306, 307) Stone, clay, glass and concrete (321-325, 3261,327-329) Tank truck cleaning Te."t1:i1e mill, and finished products Light (224, 225,231-239) Medium (222, 223, 226, 229) Tobacco manufacturers (211-214) Loading berths at the front or sides of buildings adjacent to R.O.W. C C C Industrial PUD (refer to section 106-636) C C C Unlisted uses, similar to uses listed abOve C C C (b) Interpret4tion and enforcement. Property uses, except as provided for by section 106-521(a), Table A, are prohibited and constitute a violation of this chapter. (c) Footnotes. All permitted uses in industrial zones must meet the following m;n;mum performance standards. If requested by the enforcement officer, all applications for building permits must include a certification fro~ a registered engineer that verifies compliance with these performance standards. Where applicable, all permitted uses in industrial zones must meet and be in compliance with the appropriate federal, state, or local regulations. A.. Ligh~ing and glare. Any lighting used. shall be arranged so .as to deflect light away from any adjoining residential zone or from public streets. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed onto any adjoining property. The sourceoflights shall be hooded or controlled in some- manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. ArJ.y light or combination of lights which cast light on a public street shall not e."Cceed one footcandle (meter reading) as measured from the centerline 'of such street. Any light or combination of lights which casts light on residential property shall not e."Cceed 0.4 footcandles (meter reading) as measured from such property. B. Radiation and electrical emissions. No activities shall be permitted that emit dangerous . radioactivity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. . See article VII of this chapter * P P<ACDE) P P<ACDE) * C P . * P P . C . P(ACDE) P(ACDE) P(ACDE) P P P P<ACDE) * . Supp. No. 1 CDI06:67 -+ ,', S' e e .". CITY OF LA PORTE INTEROFFICE MEMORANDUM June 7, 2002 TO: Mayor and City Council FROM: ROb~ City Manager City Council Meeting June 10, 2002 SUBJECT: The above meeting promises to be very interesting. On the agenda that night are two public hearings which I would like to expand upon. Agenda Item # 7 This item pertains to a recommendation from the Planning & Zoning Commission to deny a request for a Conditional Use Permit to construct a convenience center/truck stop. . To accept their recommendation requires a simple majority vote by the Council. . To reject their recommendation, and allow the convenience store/truck stop, requires seven (7) members of Council to vote to overturn the Planning & Zoning Commission's decision. Agenda Item # 8 This item deals with a master plan development consisting of 292 acres. The development does not include a container yard storage facility. The reason the Council is considering this item is because its original permit has expired. A permit was granted in March, 1999 for this proposal. The permit is good for two (2) years. Since no development occurred during the term of the permit, the applicant must return to seek its renewal. Attached is a copy of the approved minutes from March, 1999. f. I' e e ... When considering this agenda item, I would encourage Council to modify Planning & Zoning Commission's recommendation to include a time line to build the new portion of Wharton Weems Boulevard. Some options you may wish to consider are: . Texas Import-Export Park General plan indicates Powell Road to be extended and tie into State Highway 146 at Wharton Weems. There is no timing or trigger for the construction of Powell Road to State Highway 146. it has been assumed as each phase of the project developed, staff, Planning & Zoning and Council would evaluate the need for the road extension and make reasonable requirements. Another approa'ch would be to require at least % of the road extension to be constructed with the very first phase of development. (This would be % of a boulevard roadway and connect to State Highway 146.) Or the development agreement could be modified to include a firm trigger to build all or part of the roadway extension, such as: . Any development that exceeds ten (10) acres · Any development that generates more than 100 truck trips. RTH:su cc: John Joerns Doug Kneupper c, }l" j' e e MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING, OF LA PORTE CITY COUNCIL MARCH 15, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Council persons Guy Sutherland, Chuck Engelken, Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor Malone. Councilperson Alton Porter arrived at 6: 15 PM. Members of Council Absent: Peter Griffiths. Members of City Executive Staff and City Em?loyees Present: City Manager Robert T. Herrera, Assistant City Man,ager Jeff Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett, Administrative Assistant Carol Buttler, Public Works Director Steve Gillett, Planning Director Doug Kneupper, Director of Administrative Services Louis Rigby, Chief of Police Bobby Powell, Human Resources Manager Sydney Upchurch, Fire Marshal Paul Hickenbottom, Parks and Recreation Director Steven Barr, Purchasing Agent Susan Kelley. Others Present: Spero Pomonis, Phobe Conerly, Mrs. Bobby Powell, Reverend Cochran, Doug Latimar, Mr. and Mrs. Holland, David Hawes, Jamie Whitfield, Mike Westergren, Larry Trecka, Tom Northrup and Stuart Haynsworth. 2. Reverend David Cochran delivered the Invocation. 3. Council considered approving the minutes of the Regular Meeting on February 22, 1999. Motion was made by Councilperson Sutherland to approve the minutes of the Regular Meeting on February 22, 1999 as presented. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Gay, Young, Clarke and Mayor Malone. Nays: None Abstain: None. 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL The following citizens addressed Council: Spero Pomonis, 218 Bay Colony Dr., La Porte, Texas addressed Council regarding Tax Reinvestment Zones. < i1 ,." e e City Council Minutes 3/15/99 - Page 2 5. Mayor Malone and City Manager Robert T. Herrera presented Bobby Powell with a gift and recognized his upcoming retirement. Mr. Herrera thanked Chief Powell for his years of dedicated service with the City of La Porte. 6. The City Council presented a Proclamation to the Red Cross recognizing their effQrts in the Bayshore area and the City of La Porte. Phoebe Conerly excepted the proclamation for the Red Cross. 7. Open Public Hearing - Mayor Malone opened the public hearing at 6:20 P.M. Review By Staff - Director of Planning Doug Kneupper presented summary and recommendation regarding special conditional use permit (SCD) # SCU98-00 1 for a proposed development within a planned unit development (PUD) zone. Public Input - There were no citizen') wishing to address Council on this matter. Recommendation of Staff -' The staff recommends approval of special conditional use permit # SCD 98-001. Close Public Hearing - Mayor Malone closed the Public Hearing at 7:13 P.M. 8. Council considered approving Special Conditional Use Permit #SCU98-001 for a Planned Unit Development (PUD) Zone. Director of Planning Doug Kneupper presented sununary and recommendation. City Attorney read: ORDINANCE 1501-DD/SCU98-001 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONNING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND LA PORTE 81, LTD., LA PORTE 82, LID., AND LA PORTE 115, LID., STUART HAYNSWORTH, GENERAL PARTNER AND ATIORNEY IN FACT RESPECTFULLY; DAETWYLER ENTERPRISES CORPORATION, AND THEIR. SUCCESSORS AND ASSIGNS, FOR THE DEVELOPMENT OF AN APPROXIMATE 293-ACRE TRACT IN THE CITY OF LA PORTE, TO BE KNOWN , AS THE TEXAS IMPORT-EXPORT PARK.; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WIlli THE OPEN MEETINSG LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counci1person Gay to approve the Ordinance as presented by Mr. Kneupper. Second by Councilperson Ebow. The motion camed unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone Nays: None Abstain: None 9. Council considered approving an ordinance authorizing the City Manager to negotiate the fmal easement document with Seadrift Pipeline Corporation. Director of Public Works Steve Gillett presented summary and recommendation. k " e e City Council Minutes 3/15/99 - Page 3 City Attorney read: ORDINANCE 99-2315 - APPROVING AND AUTHORIZING A RIGHT OF WAY GRANT FROM THE CITY OF LA PORTE TO SEADRIFT PIPELINE CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve the Ordinance as presented by Mr. Gillett. Second by Councilperson Clarke. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone Nays: None Abstain: None 10. Council considered approving an ordinance regarding establishing May 24, 1999 as the date for a public hearing reg'flrding the creation of Tax Increment Reinvestment Zone #1. Assistant City Manager Jeff Litchfield presented summary and recommendation. City Attorney read: ORDINANCE 99-2316 - APPROVING NOTICE TO THE GOVERNING BODIES OF HARRIS COUNTY, TEXAS, LA PORTE INDEPENDENT SCHOOL DISTRICT, SAN JACINTO COLLEGE DISTRICT, PORT OF HOUSTON AUTHORITY, HARRIS COUNTY HOSPITAL DISTRICT, AND HARRIS COUNTY FLOOD CONTROL DISTRICT, REGARDING THE CITY'S CONSIDERATION OF A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE CITY OF LA PORTE, TEXAS; ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE CREATION OF PROPOSED REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS; AUTHORIZING AND DIRECTING OTHER ACTIONS PRELIMINARY TO THE CREATION OF THE PROPOSED REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE TEXAS; CONTANING FINDINGS RELATING TO THE FOREGOING SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve the Ordinance as presented by Mr. Litchfield. Second by Councilperson Clarke. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone Nays: None Abstain: None Council retired into Executive Session at 7:30 PM - see item 15 in the minutes. Council adjourned Executive Session at 8:55 PM. Council returned to the table at 9:03 PM. '1 it" I' e e City Council Minutes 3/l5/99 - Page 4 11. Council received a status report on the Bay Area Boulevard extension. Planning Director Doug Kneupper presented City Council with an overview of the expansion of Bay Area Boulevard. Staff is recommending going with the lowest estimated cost of $14,407,000. The recommended plan includes the following: Phase I - Construct Phase I as a 4-lane divided roadway with a median ditch. Drain all Phase I flows to a proposed, east-west, lateral ditch located toward the south end of Phase I, and then into A104-07. Phase II - Construct Phase II as a 5-lane curb and gutter roadway with buried storm sewer. Divert a significant portion of the drainage from the middle one-fourth of Phase II (Little Cedar Bayou Watershed) to the south to drain through Phase 1. Motion was made by Councilperson Sutherland to approve the Ordinance as presented by Mr. Kneupper. Second by Councilperson Clarke. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone Nays: None Abstain: None 12. CONSENT AGENDA A. CONSIDER AWARDING BID TO REPLASTER NORTHWEST PARK SWIMMING POOL - S. Barr B. CONSIDER AWARDING BID TO REPLACE FANS AND LOUVERS AT RECREATION FITNESS CENTER SWIMMING POOL - S. Barr C. CONSIDER AUTHORIZING CITY MANAGER TO APPROVE CONTRACT FOR LIFEGUARD SERVICES AT NEIGHBORHOOD POOLS - S. Barr D. CONSIDER A WARDING BID FOR THE ANNUAL SUPPLY OF SIGN MA TERIALS - S. Gillett Councilperson Ebow made a motion to vote on all Consent Agenda items together and approve items presented. Seconded by Councilperson Clarke. Motion carried unanimously. 13. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. CHAMBER OF COMMERCE LUNCHEON - GUEST SPEAKER, AMOS BROWN, DIRECTOR OF THE CORPORATION FOR ECONOMIC DEVELOPMENT OF HARRIS COUNTY, INC. - MARCH 17,1999 13. LA PORTE LIVESTOCK SHOW AND RODEO - MARCH 22-27, 1999 I ii" ,. e e City Council Minutes 3/15/99 - Page 5 14. COUNCil. ACTION Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, and Clarke brought items to Council's attention. 15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551.075 (pElli;ONNEL MATTERS). DISCUSS PERSONNEL MATTERS WITH CITY MANAGER AND CITY ATTORNEY Council retired into Executive Session at 7:30 PM under Section 551.075 (personnel Matters) Meet with City Manager and City attorney to discuss personnel matters. Council adjourned Executive Session at 8:55 PM. Council returned to the table at 9:03 PM, with no action taken. 16. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION No action taken. 17. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:27 PM. Respectfully submitted, Lf11atttl tLO ' )1ci!Jl1 Martha A. Gillett City Secretary Passed and approved on this 12th day of April 1999. )~?~{/v-- Norman L. Malone, Mayor '-. e e , . Problem: Diesel Smoke in La Porte Source: Bayshore Sun, Sunday July 29, 2001, Page 2 Speaker: Dr. Michael Kleinman, Dept. of Environmental Medicine University of California College of Medicine at Irvine Addressed to: Galveston Bay Conservation and Preservation Association Health Issues: 1. 435 premature deaths a year in Houston area as a direct results of fine particles of diesel smoke. . 2. Diesel smoke triggers allergy, chronic bronchitis type conditions in elderly and young children. 3. Diesel smoke creates lung disease. 4. Children growing up near roadways with lots of diesel trucks have significantly more Asthma and doctors visits than children a short distance away. 5. More trucks will be coming to La Porte with Bayport Terminal Expansion. It means more truck stops in La Porte. It means more diesel smoke pollution in La Porte. . Support: "No More New Truck Stop Movement" in La Porte. Talk to your friends, neighbors and relatives regarding the health issues caused by diesel smoke. J- . 'Exhaust' . On Bayport . e - j BYC Audience Focuses (EdItor's Note: The following was submitted by the Galveston Bay Coaservadoa and Preservation AssociatioD, eonceming the proposed upaasioD by the Port or Houston or the Bayport Channel just south 01 both Sborac:ra and La Porte.) More lhan a dozen elc:cted officials were in the crowd that packed the Houston Yacht Clul) ballroom last week to hear distinguished toxicologisl Dr. Michael Kleinman describe human health effects of small panicle air poDution deriving from diesel exhaust at a major project like the proposed cootainel' terminal at the Bayport ChaDoel. State Representative John Davis (R) of Disulct 129. State Senator Mike JaclcsoD (R), and Pasadena Mayor John Manlove were It the event - the first in a report-back series based on Bayport technical studies commissioned by the Galveston Bay Conservation and Preservation Association (GBCPA). All three represent voters immediately affected by the Port of I Houston Authority's plans for a mcgaport. Natalie Oog represented the EI Lago City Council and uustee Bob Davee of the Clear Lake Independent School District was there. Three' Houston City Council candidates who also came to hear Dr., Kleinman we~ Claudia Williamson. Mike O'Brien. and Dr. Shelley Sekula-Rodriguez. ' More. than 300 recent studies document how small panicle pollution from This article was published in The Bayshore Sun on Sunday July 29, 2001. Page 2 @ combustioo sources, and especially diesel combustion. damages people'l lungs, according to Kleinman. ' Some of the bcalth effectS are rapid and loc:alized: -Children growing up near roadway~ with lots of diesel tNCla have significantly more asthma and doc:tor visits than children a short distance away,- said Kleirunan. Other effects an: slower and broadei, such as making the problems of aller- gy sufferers worse, and triggerinB fbronic bronchitis-type conditions in high-risk groups like the elderly and me very young. .But there is now new evidence, ill the last year or two, thai air pollution is associated with the creation of lun. disease,. said Kleinman. Dr. Kleinman is a professor in the Department of Community and Environmental Medicine at the University of Californials College of Medicine at Irvine, and co-director' of the Air pollution Health Effects Laboratory there. He was a co-authqr of a major 1999 air pollution repon prepared for the City of HoustOO by Sonoma Technology. titled "Ass~ssm~n' of the Health Benefits of Improving Air Quality in Houston, Texas." That report concluded that there are 435 premature deaths a year in the Houston area as a direct result of tilie particle pollution. A key finding of sampling for the report was that HQuston already has a disturbingly high annual average concentration of small panicle pollution (known as panicu- late maner or PM 2.5, for its particle. size of 2.5 microns in diameter). At II micrograms per cubic meter of air, the -background" or "normal" level of PM 2.5 in this area is close te? the proposed national air quality stan- dard of IS micrograms per cubic mv.ter. Thus any small boost in pollution can push us weD inlo the danger level. Ambient PM 2.5 in the Houston area comes mainly from automobiles, ~cks. ships. and petroChemical and power plants. .We were gratified 10 have so many elected officials interested to learn about the large and growing body of research about the complex but unde- niable impacts of small part,icle :pollution: said GBCPA Chair Jim Blackburn. . ' - In introducing Kleinman's presen~tion, Blackburn recognized three com- panies in the Bayport industtial 'complex that, have responded to citizen con- eem about air quality. American Aeryl, Nova1aDd Atofina are financing local installation of a sophistic:ated air monitoring station where the presence of some 30 chemical substances iiI the I air will ~ documented in detail. All three companies also had representatives aRending to bear GBCPA's report-back on small panicle ~lIution. Blac)cbum noted that monitoring by the Texas Nawral Resources Conscivation Conunission records ozone lev- els but nOl the many other pollutants that will also be tracked when the new stalion begins operations. '\ May 13, 2002 e e . AJ'I!uments aa:ainst the Proposed Development on Harhours Cut & North 2". Street . It is not a convenience store. It is a Truck Stop. . Per Zoning Codes, BI doesn't allow it. . It is encroaching the North side Neighborhood. It would destroy property value. . It is too close to DeWalt School, Jennie Riley Civic Center, residential neighborhood and apartment CompleL . It would create more diesel combustion; smokes that damage people's lungs. . It could create asthma to children because of diesel pollution. . It could trigger chronic bronchitis type conditions in high risk health group. . . It could trigger undesirable environment among young girls and boys. . It would set a precedent to open more truck stops on the Southside of the city off Highway 146 South when Bayport Terminal gets open. , ' ". .0 . COurtUp () 's tougkerrules for refineries, .tmcklemissions Houston Chronicle 24A Washington Post The EPA's Christi Whitman says the regulations will have sweeping implications. . v WASIDNGTON - A federal ap- peals court Friday unanimously upheld a Clinton administration regulation requiring a ~y and dramatic reduction in pollution from lar~e trucks and buses, whose ermssions have been impli- cated in thousands of premature deaths and illneSses annual1y. The :Bush administration had strongly supported the toughe~ rules, aM environmental orsam- zations Friday credited EnV1l'On- mental proteCtl," on Agency Ad- ministrator Christie Wbibnan for _ fighting for what they described as a crucial clean-air action. / e . Houston Chronicle Sunday, May 26th 2002 Page 42A e 4 die after truck crosses ~edian" rams vehicles A8tOCI8t8d Press . EULESS - ~ur people ctiedand two others wereiD- jured Saturday night after a man drove biB trUck On the wrong side of a freew8;y and sJamfDed into IeVel'81 other vebicles. police saKL .Autl:dities aren't ~ sure wbatcaused the man to drive the 'lIJI'nIU1 WAY on Airport ~lD th1S Fort \bib suburb. "RiId1t now the truck is burDeO bad enough that we can't tell If alcohOl played a part at aIl," 8IIid Sgt. &In wu- liamson. of Eules. poliee. ''Tbis is the worst acddeDt we've seen in EuIe8s in my 22 ,.rs here." Police said the truck applU'- entIy lqJped the median and crubed iDt.o vebJ.des on the other side of the ~. At least one injured person was airlifted to Banis ~- odist Fort \\Uth hospital. No condition was available. The identities of the dead and iIljured haven't )'et been released. . . . . e . CONVENIENCE STORE THE ORIGINAL PROPOSED TRUCK STOP THAT WAS TO BE BUILT ON BARBOUR'S CUT AT NO~TH 1 ST STREET HAS CHANGED Irs PLANS. THE NEW PLAN IS TO BUILD A CONVENIENCE STORE WITH AN EATING PLACE AND TO SERVICE TRUCKS WITH FUEL AND TIRES. THE ORIGINAL PLAN WAS FOR A 24 HOUR TRUCK STOP. THE NEW PLAN IS TO OPEN FROM 5:00 A.M. OR 6:00 P.M. TIL 8:00 P.M. THE ESTABLISHMENT WILL BE ENCLOSED WITH A WROUGHT IRON FENCE AND LOCKED AT 8:00 P.M. NO TRAFFIC AFTER 8:00 P.M. WE ARE. IN FAVOR OF THIS CONVENIENCE STORE BEING BUILT. WE HAVE MET SEVERAL TIMES WITH THE BUilDER/OWNER. HE PROMISES, WE BELIEVE IN GOOD FAITH TO ASSIST IN FUTURE IMPROVEMENT OF THE NORTH SIDE, TO SUPPORT COMMUNITY AND CIVIC CLUB ACTIVITIES, WILL CREATE A NON- PROFIT PARTNERSHIP BElWEEN THE BUSINESSES AND THE COMMUNITY, WE BELIEVE THAT JOBS WilL BE CREATED, TO BE A POSTIVE IMPACK ON THE COMMUNITY AND AN ASSET TO THE COMMUNITY. THERE IS THIS WHITE INDIVIDUAL, PAUL LARSON THAT RECENTLY MOveD IN THE NEIGHBORHOOD THAT SEEM TO FIGHT EVERYTHING WE SET. OUT TO DO. THE CITY GAVE PERMITS TO ZION HILL AND PLESANT HILL CHURCHES TO BUILD NEW CHURCHES. HE ASKED THE CITY COUNCil TO (,VER TURN THEIR DECISION. HE SAYS THE CHURCH PEOPLE DID NOT HELP OR COOPERATE IN THE COMMUNITY THAT WE NEEDED THE LAND TO BUii...D HOMES. KNOW WHO IS TRYING TO BUY UP LAND ON THE NORTH SlUE? PAUL LARSON. AND DID YOU NOT READ HIS lEITER TO THE EDITOR IN THE SA YSHORE SUN WHERE HE INDICIA TED THAT PEOPLE ON THE NORTH SIDE HAD NO COMMON SENSE. WE DON'T HAVE SENSE ENOUGH TO KNOW WE DON'T HAVE COMMON SENSE. WE HAVE A COPY OF THE ARTICLE SENT TO THE PAPER IF ANYONE CARE TO READ IT. NOW DO WE LET THIS ONE WHITE MAN COME INTO OUR COMMUNITY AND TAKE OVER, TELL US WHAT TO AND TELL US WE DON'T HAVE COMMON SENSE? I SAY NO. THE CITY COUNCIL WILL DETERMINE THE FATE OF THE PROJECT AT THE COUNCIL MEETING JUNE 10TH, 6:00 P.M. AT CITY HALL. WE NEED TO FILL UP THE CITY HALL WITH 100 PLUS PEOPLE. STANDING ROOM ONLY. PLEASE GO TO THE MEETING AND LISTEN FOR YOURSELF OR SPEAK TO THE COUNCIL. REMEMBER: "TOGETHER WE STAND. DEVIDED WE FALL" PROGRAM COMMITTEE DIRECTOR LA PORTE COMMUNITY CIVIC CLUB Read Mail- FW: Barbour's Cut e e Page 1 of 2 e.rev I Next I Reply I Reply All I forward I J2elete I prinlll~?~~~?f?l?er'H. From: "D. Paul Larson" <P.Larson@CiviIConcepts.com> Save Address Reply-To: <P. Larson@CiviIConcepts.com> T 0 :~com nJJ!f]it1'4p~Qgress@ev 1. o~t:;. Subject: FW: Barbour's Cut Date: Sun, 14 Apr 2002 08: 54: 15 -0500 -----original Message----- FrOm: Dave Turnquist [mailto:dwturnquist@esc4.com] Sent: Thursday, April 11, 2002 11:04 PM To: paul Larson; nkmomin@hotmail.com subject: Barbour's Cut well gentleman, this is the way I see it. Feel free to share my views with whoever you want. I thought this POINT/COUNTERPOINT format would make the most sense to someone reading it. My contac information is at the bottom of the page. The property owners of these lots with the "proposed" convenience store/church's chicken/truck & car gas stop have some issues both for and against them. First let's look at the arguements FOR the approval of this project 1) The land is zoned GREEN on the city's zoning map (Business Industrial) which seems to indicate that the type of business they are proposing is within the guidelines of the zoning use 2) They are saying that it is NOT a truck stop and are promoting it as a concenience store with a fast food restaurant and a gas station 3) They are claiming that the lot easement PROHIBITS them from installing a parking lot that connects the lots and allows for truck parking 4) They are claiming that they are willing to shut the entire business down by 6pm every ni~ht 5) They are clalmin~ that they will be good nei~hbors and provide thousands of dollars in donatlons to the NORTHSIDE communlty and will help with youth programs and mentoring. 6) They are claiming that once p&z approves the plan, city council cannot stop it because it can be appealed to the Board of Adjustments who will OK the plan anyway. Now lets look at the rebuttal to the above points 1-6 1) Does Business Industrial really allow this type of business? has anyone really read the city zoning ordinances for Business Industrial? Are there specific limitations that can be placed on the use of this property per city ordinance? Someone needs to spend some time reading the ordinance with a fine toothed comb trying to find restrictions. 2) HOW many diesel pumps are being installed at this place that is not a truck stop? I venture to say that you will find none or possibly 1 diesel pump at any other convenience store/gas station/fast food restaurant in the area. A truck stop by any other name....... What do the zoning and/or building codes say about parking size per vehicles served as well as adequate turn around area for vehicles being serviced by diesel fuel. The city seems to be a stickler about parking lots and driveways these days, if there are more than 2 diesel pumps can more than 2 trucks adequately fit in the designated fueling area on the proposed property or could it back up into the street or block traffic thus becoming a hazard? 3) show me the ordinance that prohibits the "spanning" of the lots to prevent the trucks from parking on that lot. If I am not mistaken, the property owners were to have the underground pipes moved to go around the lot so that they could specifically "span" the lots with a parking lot or slab if they so desired. I also believe that the utility companies involved with moving the underground pipes voiced no opposition to doing so. True or not? I don't know but it's worth checking out. 4) what guarantee is given from the property owners that the business hours will be from 6am-6pm? Is it in writing or just hype to appease the uninformed public. will they put such an agreement in writing and if so, for how long? what is to stop them from claiming that they must lengthen their business hours in order to stay in business because they are losing money by http://webmail.ev1.net/Xf1789b9a9cc8c8c99398eac396f6/rmai1.54243.cgi? &mbx=Main&msg=2+&r... 06/10/2002 .Read Mail- FW: Barbour's Cut closing at 6pm. I doubt they ~l commit to such a long term ~eement to limit their hours because as "business men" they know that they cannot make enough profit by doing so. 5) All noble causes and statements and well intended. However they cannot promise money that is not there yet. If there venture is not as profitable as they had hoped, what then. Are they going to say, well we wanted to give you money but you people are not spending enough in our store and we can't get enough business closing at 6pm. Maybe they will follow through on their good intentioned promise, but there is no guarantee, once a~ain. Just talk! 6) That is 1 possible scenario. what other possibilities eXlst for this p,roperty? the gentleman at the civic club meeting claimed that they were 'open to suggestions from the public" about any proposal that would be profitable to them. I suggest the people on Northside put their heads together and think of viable alternatives for these property owners to construct a productive and profitable business on this property that the whole community can endorse and enjoy. Don't just complain about the problem, come up with a solution. If the people in this community are TRULY OPPOSED to this then they better stand up and do something about it. Page 2 of 2 Dave Turnquist - Silver Star Realty dave@silverstarrealty.com www.silverstarrealty.com 281 412-5050 281 412-5051 fax 713 894-9436 cell f.rev I Next I Reply I Reply All I forward I Qelete I Print Il~~ve to ~~.~~:~::..:,. http://webmaiI.evl.net/Xf1789b9a9cc8c8c99398eac396f6/rmaiI.54243.cgi? &mbx=Main&msg=2+&r... 06/10/2002 .Read Mail - FW: 'truck stop' e e Page 1 of 1 Erev I Next I Reply I Reply All I forward I ~elete I Print 11.~ovet~!~I~er:....:...... From: "D. Paul Larson" <P.Larson@CiviIConcepts.com> Save Address Reply-To: <P. Larson@CiviIConcepts.com> To: <5cQmmunity4proQ ress_@ev1.net?: Subject: FW: 'truck stop' Date: Tue, 21 May 2002 08:04:52 -0500 -----original Message----- FrOm: Turnquist, David [mailto:TurnquistD@laporte.isd.esc4.net] Sent: Monday, May 20, 2002 8:23 AM To: 'p.Larson@civilconcepts.com' subject: RE: 'truck stop' I was happy to hear Friday morning that the permit was denied (sorry I had to leave early, real estate business). I was appalled at the comments made by Charlie perry in his "letter to the editor" about you. I am still amazed at how many of the citizens bought into the line of crap that Mr. Narsi and his cronies fed them about this property. Fortunately, people like you, Nazir, wayne Acton and others opened the eyes of the p&z Board to the truth. I'm not sure how a celebration would be taken over on North side. From what I saw most of the "in crowd" was not opposed to this truck stop/convenience store/church's chicken so I'm sure we could count on them coming to celebrate (especially after the racial remarks that were written about you in the paper from Mr. perry). If Mr. Narsi would like to meet with us at a cookout to discuss some "real" possibilities for his property that everyone will be happy with I think that would be great. Like you, I do not want to deny this man the right to use his property and make a profit, I just want it done the right way and in a way that it will not have an adverse affect on the community. Dave T. -----original Message----- From: D. paul Larson [mailto:p.Larson@civilconcepts.com] Sent: Monday, May 20, 2002 7:23 AM TO: dave@silverstarrealty.com subject: 'truck stop' Dave, Thanks for coming to the p&z meeting. Your pressence was a boost for me and the effort. AS you know by now, the truck stop issue was totally destroyed by the committee. I'm sure that it is not dead but for now we have a win in our column. NOW is the time to strike and get more involvement in our North side community. Any pro-active positive activities that you can think of... ..? I was thinking about a bbq or a 'hamburger celebration.' I was told by Mr. Narsi the 'he eats hamburgers and talks shit.' I'm really sure what that means but I would like to playoff of it and have some fun. What do you think? could something be said about our efforts and success on your website? Keep in touch, paul Erev I Next I Reply I Reply All I forward I ~elete I Print II Movetofolder.... http://webmail.ev1.net/Xf1789b9a9cc8c8c99398eac396f6/rmai1.54243.cgi?&mbx=Main&msg=1 +&r... 06/10/2002 . - e e ~ ~ . June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission, There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. . Two anti-members ofthe community who are trying to destroy the community brought about5 people 'from'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a'clear violation of the Comprehensive Plan, Zoning Ordinance,: , Northside Plan and other" development plans within the City of La Porte. It clearly was not objective and, based on past or present rulings ,of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. , . The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. NAME ADDRESS ~.4'1J 1ltietvMi - 6:J],f 11(;_- i e fYl I n";/'d. J.t 4J-f) f- '- ~l{ '\-h~ ~ J". tY\~ G e, . So 5t\J I .~ +h "'7"'D ""-V\ V\" <: ~ Gee ' +'" ~ ~~;-/"~ Iv fl P (;/ r<... '" i:. i/)C r '-' ()o R-+<f. TX 7) . ... e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. ' Two anti-members of the community who are trying to destroy the community brought about 5 people 'from other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, . Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. NAME I ADDRESS 1!:.:i./tI~M-,t~ - D:J1d /I'r'c_ · e fYl C .. I /}~/"d. 4 L.fJ-1) sf- ~ ~ Lt '\- h ~'~ '" rY1 ~ G ~ . 50S I\J, .') + h ~D h"V\V\. G ~ Gee j 0 +'" ~ 'S ~~'J ~ .L ~, J~ /vA ft/ R..+-~ /~ r J.... po R... +eTX r -7 ) , e --- a * ,I I , e e June 8. 2002 . Citizen Petition To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. . The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ? ;6<1 N .lo*' St LaJ1de TX 115 ~.I2-;SJ J J I \ d l t ( _ t 4, '___.' ,'. >1/-' . 1;'(7 lffu~A/"-' ~w/";t}jr /' / r-7 ..-J:;"'~Sa -, 17 $~~a~ /;J M1C(P ca..,yh)/L-ej1ove-v J-t 1 ~ M, ~~ - ^ ' . ~ .~~ -;;;> ':2 ,"-'5. ')"-- ~ : . /'l-4D? f/M {/Jp,.J PI f/di ""fibS e . . . e e June 8. 2002 Citizen Petition To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3~acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. e . . . e e .J une 8. 2002 Citizen Petition To: Mayor Nonnan Malone City Council ' Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation ofthe Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on pastor present rulings of the commission. . The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. - / ~ _/ \, </ ./ ., 071 _N 5 rf- -)..Pf~ J ~~~ e 11 . . . .e e . . June 8. 2002 Citizen Petition ,~ To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others wbo voiced support for this project. . Two anti-members of the community who are trying to destroy the community brought about,5 people from 'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial , district and did nqtapprove a 3-acre development for a less intensive use on a truck route., We believe this was a.c1ear violation of the Comprehensive Plan, Zoning Ordinance,.' Northside Plan and other" development plans within the City of La Porte. It clearly was not objective and,based on'past or present rulings.of the commissioQ. .., The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at, 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership 'and assistance is greatly needed. 7 p,' , C> r;; -.. , I . "S1: J a 'fY) /, I /1.- ) / A-. I ,k '/" 3:2 .? 6 I- ~ ft. .t- c. ~nf~~~%(':~ ~~/O~~rk~::C~P~. . . . e e June 8. 2002 Citizen Petition ...-....../ To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately :30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. .... '~ It ( I 1 I ~( e ~-- ~ -, I ~ l __/ ~_ ~- I(l --- . . . . . June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a trock route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, ' Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rolings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed\by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. L tY~ r:..-;,/J ut/\.... ~ "'" e -,.. III . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. I .J' /..s ~\~ (\ ml\. (A~R .3/5" A/ -< ~q" --,::::.-.s- L-4?~ /~A.s: "7J77/ ~ruN"7 --0Q!LJ<'<-t {r ~T->\1\.) I~'r LeA- \)01i-1 ~9-'I&S j7~ ~ 1 ~'()~~\'f\C~~~ ~\<' f~ ~?-.l\."( JAi7S I ~ \E: · 'n.1\ c'\ SO" ~ J l1s+~ 'PDfLl-(. ~ 1"1.5'11 f.1....&flcu~ lNAlf<trt. 3::)'[ n,.n~'" LA lO't/fi Tv; 715/1 e 1'1 . . . . e June 8. 2002 Citizen Petition .---",-' To:, Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anthmembers of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our co~munity. Your leadership and assistance is greatly needed. '-/rM . '-' ~.S- 11~ I I e II .. . . . e , . June 8. 2002 Citizen Petition ~~/ To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others w~o voiced support for .this project." . Two anti-members of the community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a ,clear violation of the Comprehensive Plan, Zoning Ordinance,' _ Northside Plan and other- development plans within the City of La Porte. It clearl y was ' not objective and based on past or present rulings.of the commission; . . ' The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership,'and assistance is greatly needed. ADDRESS 3/~ Afe/<.Jd ff{::J~ .. f'" 5' ~{" lrr )i>t-4-h ~0~ /' , ~~ I)(t_: 70?~,./~ ;:::, .p;- o "~ - #-31 .57/ e a ---- ..--/ . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning c:ommission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. 1../'7 I - '7 LID 'I' '-- e 0. . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation ofthe Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and! the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The foll~wing petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS #~2 l, e . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The foll~wing petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. .........'\..,/... / e I I L ~- .---- I~ 11 . . . e e June 8. 2002 Citizen Petition To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were appro"imately 30 membell"S oft'the L2 Porte Community Civic Club and othell"S who voiced sUPJPOrt for this projec1t. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we 2re seeknng has the store open a 6sm ~md close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. '-- I , , e II . . . e e June 8. 2002 Citizen Petition -~" To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. ,There were approximately 30 members of !the La Porte Community Civic Club and others who voiced support for this ]project Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility BlIllld the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The foUowing petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. -- ------- ".- e , ,- .. . . " .... ::: ..-.....:'" :. ':":" :.:.":.. ". '. -. - ;-:.: ,.:..:.. ... '. ':' ~'.":' ".:".:.. ," _-~ ....~.....:. ...-......r...:.:"..~. -. ... .... ., .' June 8. 2002 Citizen Petition ~~/ To: Mayor Nonnan Malone City Council Members We, the Residents ofthe Northside Community recently made a presentation to the Planning and Zoning Commission. l'here were approximately 30 members of the La Porte Community Civic Club and others w~o voiced support for this project ,- . Two anti-members ofthe community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route., We believe this was a,clear violation of the Comprehensive Plan, Zoning Ordinance,: , Northside Plari and other' development plans within the City of La Porte. It clearly was ' not objective and, based on past or present rulings.of the commission. : . . The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open at 6am 8Qd close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. e . . . e' e .lfllme 8. 2002 Citizen Petitiolffi To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. 'lrll1lell'e 'Were approxfimatteBy 30 members olr ttlne lLa Porte Commllmfitty Cfivfic CHub anell otthers who voiced SUBpport Iror this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on pastor present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and! ttll1le SpedaH Conditional Use permit we are seeking ll1las ttll1le store open a 6am and dose at 8 pm. The [oHowing petition supports tlhle lb1lD.indinng oj[ the jplrojed on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. '--../ ,./ '\ </ /" " {;j7f '-/11' 5 rJ- ).Pjf~ J ~~% e I ~-. I ~ r.._~_ ~__ ~ r' ~ II . . . e e June 8. 2002 Citizen Petition-,,-/ To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members oft'the La Porte Community Civic Club and others wbo voiced support for ,this project.. . Two anti-members of the community who are trying to destroy the community brought about,5 people from 'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route., We believe this was a'cJear violation of the ~omprehensive Plan, Zoning Ordinance," Northside Plan and other' development plans within the City of La Porte. It clearly was not objective and based on past or present rulings.of the commission. ..' The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has tine store open a 6am and cHose at 8 pm. ' The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. 7 p,' . JaxV) 1,/ I. )/-t-'/.k ,,It'" 3;1' l'$e t-:P~-;-t-~ 'L t~~~ ~~~ ~ri.~ . f' . u r.ID . ~ ,f.}~w e . . . . e e JUlIne 8. 2002 Citizen Petition ----...,. To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. Tll1ere were approximately 30 members of the lLa Porte Community Civic Club and othell'S who voiced SUlIpport for this Jlll1l"Oject Two anti,.members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility aIl1ld! the Special COl1lditionallOse permit we are seeking has the store opeJrn a 6am aJrnd dose at 8 pm. The folRowing petition supports the buildnng of 1he project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. (., NAl\;1E : 1 J( ( I 1, ( . . . .-- / ~-- . e , . June 8. 2002 Citizen Petition ,.-"",-/ To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and others who 'Voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan a..lJd Comprehensive Plan was developed'lby the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and! the Special Conditional Use permit we are seeking has the store open a 6am and cHose at 8 pm. The fonIowing petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS t:V\.GUV 'Ytl , UtA-- 0"J ..." '- e a I '- . . . . e June 8. 2002 Citizen Petition ~~/ To: Mayor Norman Malone City Council Members. We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. l .:1/..5 ~\~ (\ lMl\. (A\\~ ~/ s- ./1/ -< 'lei ;.>- s- L-.?~ /4":;r.oU: 7..r 77/ ~f'\nJtJI'7 . 10QltX'-1 [r ~7">~ ,l\.:J I~'L LD.- ~t'"J1i-1 ~i&S 17')'1 J ~()G:l ~~~~ ~l<;' ~-"'" . ~ \\"-",E. />--.77.s' I l\\. ,E ~ ~ S D" '-\ J 115~ 'PD (l. -rG 7i... 11s11 'f.t.gflC()~ lNA {{<'t:rt 3::1'1 nrh (; fir LA I~ti I~ 71 SJ1 '- e ~-- I ~ .. 0 . . . - e June 8. 2002 Citizen Petition -~ To:. Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and others who voiced support for this pll'Oject Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ,tr{;?J e .. . . '... . , e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of all'De lLa Porte Community Civic Club and othell'S w~o voiced support for ,this project" " Two anti-members of the community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak against the community. That same night the Planning and Zoning' Commission approved a 292-acre industrial district and did not .approve a 3-acre development for a less intensive use on a truck route. We believe this was a ,clear violation ofthe Comprehensive Plan, Zoning Ordinance,: , Northside Plari and other'development plans within the City of La Porte. It clearly was . not objective and based on past or present rulings of the commission: < . ' The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility all1ld ahe Special Conditional Use permit we are seeking has the store open a 6sm all1ld dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS 3/~ Afe.Nd Pb~ .. f ""_L ~ {'" , tr j6~ ~ '1d- ~ 5Cf . ~ .. ~ '- ...... . '~~~. ~~,J.r ~ ~ O"'f~:.I.: J2.tt - e IJ ............/ . . . e . June 8. 2002 Citizen Petition ,...." ... To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning C.ommission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. 1./'7 I - ' 'I'D If e III Il . . . e e .lune 8. 2002 Citizen Petition ~~'\. ..-- To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 membell'S of ahe La ' Porte Community Civic Cftub and othell"S who 'Yoked sUllpport for all1fis project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special COIluditional Use permit we are seeking Iluas ahe store open a 6am and! close at 8 pm. The foiiowing petition supports the lbuiUding of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS p ~z. .,. e D . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There vvere approximately 30 members of the lLa Porte Community Civic Club and others who 'Voiced support for this project Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has tine store open a 6am and dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. '--- / e 1-= I _ ~/.- ~- .. ~ ~, ~ Il ~'~ ." -'... -.. ~~;::";'.- '~"" ;:;""". '-<-~~...,; . - . . . e . June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of tbe La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. I vv1tld EW\ /1/ , r e III . . . e e June 8. 2002 Citizen Petition To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. ,There were approximately 30 members of abe La Port.e Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Plaiming and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. . We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the SpeciaD Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. Th.e following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ---- ....- e D ..' . . ": :";" '#;': : ..... . f'...:..:....:: ." . -: .'~ ~..:..'.' ;'". .' .". .' .... . . . . ., . . . ....~....:. ".:-.:. "..1'.'. .....:.~.t ..!'....~~.....: :.~.: .- .. .. e, , . June 8. 2002 Citizen Petition /...... To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of allDe La Porte Community ciVic Club and others w~o voiced suppo,rt for this projed. ,. . Two anti-members of the community who are trying to 'destroy the community brought about5 people from 'other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial , district and did not approve a 3-acre development for a less intensive use on a truck route.. We believe this was a.clear violation of the Comprehensive Plan, Zoning Ordinance,.' . Northside Plari and other" development plans within the City of La Porte. It clearly was not objective and,based on past or present rulings ofihe commission. : ' , . . The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and ahe Special Conditional Use permit we are seeking has the store open a 6am am:ll dose aa 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadershipand assistance is greatly needed. /' tit . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council' Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were apprmdmateYy 30 members oll'the lLa Porte Community Civic Club and others who voiced! SUllpport ll'or this PJl"Oject. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation ofthe Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on pastor present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the SpeciaR ConditionaR Use permit we are seeknng has the store open a 621m and cRose at 8 pm. The ft'olllowing petition supports the lbunidill1g oft' ftfrne project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. _/ "- <; ./ \'" 071 -d 5 fr- ). PfUv-- ~~~ . . . ":., - ., e June 8. 2002 Citizen Petition ,",,,-,' To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members oft'tll1e La Porte Community ciVic Club and others wbo voiced support for this project" .. Two anti-members of the community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use oil a truck route., We believe this waS a'clear violation of the Comprehensive Plan, Zoning Ordinance," Northside Plan and other- development plans within the City of La Porte. It clearly was ' ,,,', not objective and,based on'past or present rulings.of the commission. . " The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility 21l1lell tll1e Special Conditional Use permit we are seeking has the store open a 6am anell dose at 8 pm. . The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadershipand assistance is greatly needed. ?> :I ,', 3~?"u a.YY> I / /... )/A-, I ,k i' r ."6 t-fA fa Y-/;. {; t~ ~~~ ~d~. :T~ . f" , , u r. 10 ' &~ " f}~w . . ., e e June 8. 2002 Citizen Petition -~ / To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately ~Omembers oHhe lLa Porte Community,Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am alllld dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. <... ---- !( { I 'b I, e ~..; D . . . . e e June 8. 2002 Citizen Petition ----/ To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed')by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility amll the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS ,--- ~- ',- a:L(.U)J Jtt r:..#I'~ Ut./\.... ....... ..... e I-~ k/. . ~ - .~- - ..'~ L_ ~. III . . . . e June 8. 2002 Citizen Petition _........r To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members IOf the lLa Porte Community Civic Club and others who voiced support fcr this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility anell the SpeciaB ConditionaB Use permit we alI'e seeking has the store IOpen a <<iam allld dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. t:!d8 -err r ~ L- 7:7?JJl / . /)?f,? / ~\ ~ (\ d (\ .p ~ \.-A tiI'G E~~ \;\<<1\. (A~R .3"S-./1/ -<,,-e/ ~~S- L-4~ /4";v"u 7J77/ ~n)NI'2 2QIL<'1lr ~T->t ,~)I~I Lo.... \)01'\-1 J-Qj&S 17") ~ I ~~ f.l '" ~ \, 'f\ c~~~ ~ \ " f.s-r'\ ~ ?lc-V. J ^ (75 I ~ \E: '" -f\. c '\ S D " '-\ l 't) s-\-~ 'PD fL -r(. 7i.... 11.511 ill(lc,u~ lNAlI<'t,rt 3::)'1 n.rh hfff LA lO't/fi I~ 715;1 e '- ..- . '-'~"=:! "-~'."""-'.'. .... .' ~.~::.~~~,~ .....:,.-- . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ~,S- --~ 11~ , , .. . . .e e , . June 8. 2002 Citizen Petition """,-/ To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members oft' ahe lLa Porte Community Civic Club and otbers wl10 voiced support for ,this project ,. ' Two anti-members of the community who are trying to destroy the community brought about.5 people from 'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a ,clear violation of the Comprehensive Plan, Zoning Ordinance,' Northside Plan and other-development plans within the City of La Porte. It clearly was not objective and based on past or present rulings.of the commission. :. . , The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am ami dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS 3/~ ;{/e..vd Pb~ e .-/. . . . . e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning C.ommission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this projeclt. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. 4'7 I -. 'I'D ~ e n --- , ,....,.,.;.;..-."".....,w..;"'...~..,. '-:',.f;~',.~r;. .,;. " ... " ~. . . . . e e June 8. 2002 Citizen Petition ...--....../ To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lL,a, !Porte Community Civic Club and others who voiced support trOll" this project Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and! the Special Conditional Use permit we are seeking has the store open a 6am and! close at 8 pm. TlI1e foUowing petition supports the building of the )pllroject on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS p ~z. e . . . e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members oft' the La Porte Community Civic Club and others who voiced support for this project Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. -~/ / e D I I _:... . . . e e June 8. 2002 Citizen Petition .-",,"," To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The folnowing petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. IIV\tl ~ 191/\ I J '~1\ /1/ I , r e D "- . . . . e e June 8. 2002 Citizen Petition To: Mayor Nonnan Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. .There were approximately 30 members oJrahe lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It dearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. .-~.-' ./ e n .'<,.._"~~ ""'.__.."~''''''~'...'''''. .~:;;~..:- " .......~.. '.' . . ... ..... ~ - ;..~.:'._:.:"::".' .q -. . ".' .". .=...... ";':'::::".":'..' .", ."' -..' .. ,:":".,;.".:<.:".:. ...._.~ :..~-:...+.- :.... ~..~.: :.... e e, June 8. 2002 Citizen Petition ~../' To: Mayor Nonnan Malone City Council Members We, the Residents ofthe Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community CiVic Club and' others wllIo voiced support for this JIllIrojeca.., . Two anti-members of the community who are trying to'destroy the community brought about,S people from' other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not.a'pprove a 3-acre development for a less intensive use on a truck route., We believe th'is was a,clear violation of the Comprehensive Plan, Zoning Ordinance,: , , Northside Plari and other'development plans within the City of La Porte. It clearly was not objective and based on past or present rulings .of the commission: The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility amll the Special Conditional Use permit we are seeking Iluas the store open a 6am aIIDd cHose at 8 pm. ' The following petition supports the buiiding of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership,'and assistance is greatly needed. --- e e e ~' ., JlM.l~ :~":; ~'~..'. ..~ "- e e e e e e e e :rr une 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and otll1elrS who voiced support foil" this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. ,{, That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility ami the SpeciaB Conditional Use permit we all"e seeking has the stoll"e open a 6am and cnose at 8 pm. The folDowing petition supports the lbuiIdilrng of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. /' \ </ ./ \.", ( 071 _N 5 ff-- ).Pf~ J ~itI#$ . ~ .. :. . .. . - ~.. -. - - ~ ~'."" . ,;..- . " .... . -;..... . .~'.:- ..." -". . -. -::. -.: .','. .... -....: ~ ~.. ,...e' e ;. .' - June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and ZonIng Commission. There were approximately 30 membelrS of the lLa Porte Community Civic Club and others w"o voic~ support fortthis JIlroject.. ' Two anti-members of the community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning'Commission approved a 292-acre industrial , district and di~ nQtapprove a 3-acre development for a less intensive use oil a truck rout~.. We believe this Was a'c1ear violation of the Comprehensive Plan, Zoning Ordinance, .' Northside Plan and other' development plans within the City of La Porte. It clearly was . ,'. not objective and.based on' past or present rulings.of the commissio~~. .. The City of La Porte Northside Plan and Comprehensive Plan was deveioped by the City, with citizen participation and to assist in the development of the City of La Port~. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and! close at. 8 pm. The following petition supports the building olf the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadershipand assistance is greatly needed. C> ~ "! f :2?'/V/H drY> I. / . )/A-. / k ~ i" 3. 6 t-c-t fa. Y/; t:. t~~~~~~ ~~rt...~ .. {' ',' ,'. LI' -r. '10 '. &~. .,p-~y .. e e .June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30, members of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility ami the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. It t/ ~t -- .-- a e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 member.s of Une lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was 'not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed')by the City, with citizen participation and to assist in the development of the City of La Porte. -./ The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS '" e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members' We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility aJrndl the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. 3:)1 e ~ e e June 8. 2002 Citiz,en Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members. of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ... ~ +'" 40 ..0 _ .0 _, ...... . 0 '. ~' '.' . " . .... '.' .' " - , ..". , " . - '0 '. ,',' '. _ . _ _ . _.'. . '..:'. _. \ _... '... ~"...: :. .... .' e, e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning andZoning Commission. There were approximately 30 members of all1e lLa Porte Coniiimnity Civic Club and others w"o voiced support for ,this project... .. Two anti-members of the community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak against the community. Th~t same night the Planning and Zoning Commission approved a 292-acre industrial , district and di~ not approve a 3-~cre development for a less intensive use on a truck rout~., We believe this was a-cle,ar violation of the Comprehensive Plan, Zoning Ordinance, .. , ' Northside Plan and other'development plans within the City of La Porte. It clearly was ' not objective and based on past or present rulings of the commission.: , .' , The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. . The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership,'and assistance is greatly needed. ADDRESS 3/~ ;{/~,,<.;d ::t:tb~ /- '~$~:: 7R-J;a,.)S r:, ~ O~'~ ---:--- ~-31 .57/ _./ ",.--// e e , June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning c:ommission. There were approximately 30 members of tthe La Porte Community Civic Club and others who voiced support for this project Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. '\' 1./7 / - . q() 'I ,------- e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lL,a , Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility all1ld the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. ADDRESS #- ~z. , e II ~ e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members, of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. , The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and cRose at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. / o . e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 membelrS of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and dose at 8 pm. The following petition supports the lbuilding of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. 'e e June 8.2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the lLa Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility ami the SpeciaB Conditional Use permit we are seeking has the store open a 6am alllldl close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. .------ ------ e . ...................:,....... .. .'- - .' " , " -'. . f.o... '". ...... ........:..-:......:'.::~;..~::--.:::..:-.. '...:.....-~:-:~--<.-.:-:....,._.~;-.-::..-:I.........~.-:--:' . ;. -:. , , ,.,.e',.' ,e, , .... June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. ~here were approximately 30 members of tIDe lLa Porte ,Community Civic Club and'others w~o voiced support for this projectt., . Two anti-members of the community who are trying to destroy the community brought about5 people from 'other parts of La Porte to speak, against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial , district and di~ not ,approve a 3-,!-cre development for a less intensive use on a truck route., We believe this was a,cle,ar violation of the Comprehensive Plan, Zoning Ordinance,' , Northside Plari and other'development plans within the City of La Porte. It clearly was' ' ",', not objective and based on'past or present rulings .ofthe commission:, . ' The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership'and assistance is greatly needed. r .., e e June 8. 2002 Citizen Petition To: Mayor Norman Malone City Council Members We, the Residents of the Northside Community recently made a presentation to the Planning and Zoning Commission. There were approximately 30 members of the La Porte Community Civic Club and others who voiced support for this project. Two anti-members of the community who are trying to destroy the community brought about 5 people from other parts of La Porte to speak against the community. That same night the Planning and Zoning Commission approved a 292-acre industrial district and did not approve a 3-acre development for a less intensive use on a truck route. We believe this was a clear violation of the Comprehensive Plan, Zoning Ordinance, Northside Plan and other development plans within the City of La Porte. It clearly was not objective and based on past or present rulings of the commission. The City of La Porte Northside Plan and Comprehensive Plan was developed by the City, with citizen participation and to assist in the development of the City of La Porte. The Store and Fueling Stop is a fenced property that is not a 24 hour facility and the Special Conditional Use permit we are seeking has the store open a 6am and close at 8 pm. The following petition supports the building of the project on block 328 and 329 in La Porte, Texas. We also support building new housing, churches and parks in our community. Your leadership and assistance is greatly needed. NAME ADDRESS