HomeMy WebLinkAbout2002-06-10 Regular Meeting, Public Hearing, and Workshop Meeting
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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.
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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.
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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.
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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.
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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
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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.
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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~ ~.
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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
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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
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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
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. 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).
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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
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"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
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"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
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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
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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
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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
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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
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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
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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.
Director of Planning
Martha Gillett
City Secretary
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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
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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
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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
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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
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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:
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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
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""~-
-:-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
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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)
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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
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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.
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EXHIBIT {~
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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
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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.
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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;
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. 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
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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
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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.
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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.
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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:
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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.
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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.
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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
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RT}IRUP r\SSOCIATES, INC. '~C
CAtlNING - ENVIRON""=NT~J. - RE..l.L ESTAT: CONSuLTANTEJ{Hlarr .'
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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,
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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,
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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.
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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:
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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:
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SCHEDULE"
TO
EXHIBIT "
"
"
FORM OF APPROVED BY-LAWS
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SCHEDULE"
TO
EXHIBIT "
"
"
LIST OF TIllRD PARTY OWNERS
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SCHEDULE"
TO
EXHIBIT"
"
"
COMMON EXPENSE BUDGET
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SCHEDULE"
TO
EXHIBIT"
"
"
RESTRICTIONS
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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
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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
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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
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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,
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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
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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
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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.
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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
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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.
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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 .
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PH:JH: HJ. : 713 463 5a39
e
F e.b. 93 1999 93: a:3flI'1 P23
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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
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MtllMtlIIS FOR nuc;1CS
TO IlAHUEVtfl urea OR OUT Of IEtn'HS.
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LENGTH OF ; 1"dlU OF' . APRON S'AC!
TRACTOR- REQ1JIRED
TRAILER ' lit FEET IN FEEl'
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50 /3 .:n;
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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-&
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DESIRABLE CIRCULATION FOR TRUCK LOADING MD UNlOADIN6 FACILUIES
Fl&URf: 7-6
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FROM : Northrup RsSCciates !
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FHH: HJ. : 713 463 5a39
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Jtd/t;JiiZ41iior 7jiu~-
LOADING DOCK CONFIGURATJONS
. FIGURE .7-7 1
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7-14
FRlJM : Northrup ASSCcia1:eS tit
A-OE t-IJ.
713 46J 5a39
e . Feb.
93 1999 93: 49FM P5
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25
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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
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15
Assumed
Speed .Range
(~h)
is-1S
Design
SP.eed:,.
(mph )
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- 20"" ~ '. 20:20
:. .,':' t .
'. '30. ',..:
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,28-30"
,3.~-.;J5
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36-40
40....45
35.
,
40
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. 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
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SOURCE: ijef. (1). AASHTO
SPIRAL TRAHSITIOIt CURve FOR TURNING ROADWAY
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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
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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 \
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DESIGN MANUAL
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SEPTEMBER 1996
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CITY OF HOUSTON - Design Manual
CHAPTER 10 - Street Paving Design Requirements
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. 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). '
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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. "
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September 1996
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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.
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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.
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September 1996
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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
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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.
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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.
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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.
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CHAPTER ,10 - Street Paving Design Requirements
Page CHlOn of 18
September 1996
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PART 2 EXECUITON
2.01
DESIGN ANALYSIS
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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.
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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
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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.
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CHAPTER 10 - Street Paving Design Requirements
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Page CHI0/9 of 18.,
Sep<c:mber 1996 - ~~;,
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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.
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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.
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w. LAURAL OFFSET IN Fccr , ,.
S' .JOAJ.P.JJ. JlIN/.fIUAI DESliN S~ErD FOR SU8lJIYISION STREETS
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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.
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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
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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.
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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
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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
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Ii HaIff Associates
ENGINEERS. ARCHITECTS. SCIENTISTS
PLANNERS. SURVEYORS
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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
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HaIff Associates
ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS . SURVEYORS
Halff Associates, Inc.
Agreement for Services
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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
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5/9/02
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HaIff Associates
ENGINEERS . ARCHITECTS . SCIENTISTS
PLANNERS . SURVEYORS
Agreement for Services (continued)
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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
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HaIff Associates
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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
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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
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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
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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
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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
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ATTEST:
0IUUlriL O. !I.1ldl
Marth A. Gillett
City Secretary
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APPROVED: 1/
,C\ ~//I/'
t2/:t7~u~~
Knox W. Askins
City Attorney
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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.
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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;
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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
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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
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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.
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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
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f ASST. CITY ~..l/\N;\GERJ
~~- QfflCE
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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NEIGHBORHOOD COMMERCIAL
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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
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PASADE
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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
--- ~,
-...,
~
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1.
,.
1600'
~
INTERPRETATION OF ZONING DISTRIAuNDARIES
REf:. SEcnO.N_l~.308. INTERPRETATlON .9E.lONING DIS.mcr BQl,lNDARIES:
-
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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.
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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
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III
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AC-rlJ/l\L SOUi\JDAR.\(
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MEETING HANDOUTS
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SCU-02-002
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City Council
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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
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City Council
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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
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La Porte P & Z Commission
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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
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SCU 02-002
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La Porte P & Z Commission
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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
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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.
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Diesel emissions can be significantly
retrofitting diesel vehicles with new
cleaner diesel fuel.
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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
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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
\ , ,
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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,
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P, 02
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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
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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.
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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
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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
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-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
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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
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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
/"
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Addrress
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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' ~:..
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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
~
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~-..~:~~
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Sample: Convenience Store
Citgo Convenience Sto,'e
Across from La Porte City Hall
~.~." .r..~i: ...}~}
&) .~~~~~~~.'_..
.:..- !:'. . ~.".- ....
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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)
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-.' ',"
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.
----
.
.
.
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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
.
.
.
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~ 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
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. 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
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. ~ 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
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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
-+
,',
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.".
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'
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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
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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.
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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.
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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.
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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
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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
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. 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.
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'Exhaust'
.
On Bayport
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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.
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May 13, 2002
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. 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.
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COurtUp () 's tougkerrules
for refineries, .tmcklemissions
Houston Chronicle
24A
Washington Post
The EPA's
Christi
Whitman says
the regulations
will have
sweeping
implications.
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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.
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Houston Chronicle
Sunday, May 26th 2002
Page 42A
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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. .
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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
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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'
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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
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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
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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
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June 8. 2002
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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.
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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.
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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.
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June 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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.
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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.
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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.
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June 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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
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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.
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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
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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.
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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.
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June 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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.
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.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.
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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.
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JUlIne 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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
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June 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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.
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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: <
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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
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June 8. 2002
Citizen Petition
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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.
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.lune 8. 2002
Citizen Petition
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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
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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.
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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.
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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.
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June 8. 2002
Citizen Petition
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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. : '
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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.
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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.
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June 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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.
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June 8. 2002
Citizen Petition
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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
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June 8. 2002
Citizen Petition
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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.
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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.
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June 8. 2002
Citizen Petition
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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
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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.
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June 8. 2002
Citizen Petition
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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
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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.
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June 8. 2002
Citizen Petition
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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.
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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.
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June 8. 2002
Citizen Petition
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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.
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: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.
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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.
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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.
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.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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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