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Home My WebLink About2004-06-28 Regular Meeting and Workshop Meeting of La Porte City Council A MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL June 28, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Pro Tern Barry Beasley at 6:00 p.m. Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Tommy Moser, Mike Mosteit, Louis Rigby, Charlie Young and Mayor Pro Tern Barry Beasley Members of Council Absent: Councilmember Peter Griffiths Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Assistant City Secretary Sharon Harris, City Secretary Martha Gillett, Public Works Director Steve Gillett, Assistant Finance Director Michael Dolby, Interim Planning Director Nick Finan, Police Chief Richard Reff, Parks and Recreation Director Stephen Barr, Engineering Technician Supervisor Brian Sterling, Tax Manager Kathy Powell, Deputy Tax Collector Margaret Williams, Office Manager Marlene Rigby, Survey Party Chief Richard Spicer and Fire Chief Mike Boaze Others Present: Sue Gale Mock Kooken, Spero Pomonis, Karen R. Rigby, Sib Carpenter, Lester Quinn, Roy Myers, Mike Clausen, Ann Hayes, Jack Womack, Sarah Hustus, Mr. & Mrs. Ben Spicer, Bruce Compton, Delia Claus, Brian Sterling, Shawn Hargrove, Dee Anne Thomson, Ross Hyde, Alton Porter, Fran Strong, Dottie Kaminski, Mr. & Mrs. J. B. Williamson, Melissa Mays, Mike Boyd, Nick Barrera, Charlie Doug Boyle and a number of other citizens and students 2. Reverend Jack Womack of First United Methodist Church delivered the invocation. 3. Mayor Pro Tern Beasley led the Pledge of Allegiance. 4. Council to consider approval of Regular Meeting and Public Hearing Meeting Minutes held on June 14,2004. Motion was made by Councilmember Engelken to approve the Minutes as presented. Second by Councilmember Ebow. Motion carried. Ayes: Engelken, Beasley, Moser, Mosteit, Young and Ebow Nays: None Abstain: None 5. Council to consider approval or other action regarding an ordinance declaring the results of the election held on June 19,2004. Assistant City Attorney Clark Askins presented summary and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2749 - AN ORDINANCE DECLARING THE RESULTS OF THE RUNOFF ELECTION HELD IN THE CITY OF LA PORTE ON JUNE 19,2004, FOR THE ELECITON OF A COUNCILPERSON DISTRICT 5; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Engelken to approve Ordinance 2004-2749 as presented by Mr. Askins. Second by Councilmember Moser. Motion carried. Ayes: Mosteit, Moser, Engelken, Ebow and Beasley Nays: None Abstain: None City Council Regular Meeting and Workshop Meeting - June 28, 2004 - Page 2 6. City Secretary Martha Gillett administered the Statement of Elected Officials and the Oath of Office to Louis R. Rigby, Councilmember District 5. 7. PRESENTATIONS/PROCLAMATIONS A. Mayor Pro Tern Beasley presented Councilmember Charlie Young with an "Appreciation for his service for the City of La Porte from May 2, 1998 until June 28, 2004" plaque. B. Mayor Pro Tern Beasley presented Margaret Williams with an "Employee of the Quarter Award" plaque in honor of being chosen Employee of the Quarter, 1st Quarter 2004. C. Mayor Pro Tern Beasley presented Public Works Director Steve Gillett with a "2004 Public Works Leader of the Year" plaque in honor of his achievements and contributions to his profession in Public Works. D. City Manager Debra Feazelle presented Engineering Staff Brian Sterling and Richard Spicer, and Police Staff, David Huckabee and Carl Rise with the "Texas City Management" plaque in recognition of innovative programs. 8. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA -(LIMITED TO FIVE MINUTES) President of Bayport Training and Technical Center Timothy A. Brown of 10811 Fairmont Parkway, La Porte, Texas 77571, was not present to speak. 9. CONSENT AGENDA A. Council to consider approval of an Interlocal Agreement with Harris County. B. Council to consider approval of an ordinance authorizing the City Manager to execute a contract with Metro City Construction, LLP in the amount of $148,824.1 1 for the construction of the project, and additionally authorize $7,441.00 for contingency. C. Council to consider approval of a proposed rate increase of 2.3% for collection of containerized commercial solid waste by BFI Waste Systems, Inc. Motion was made by Councilmember Engelken to approve the Consent Agenda as presented. Second by Councilmember Ebow. Motion carried. Ayes: Engelken, Beasley, Moser, Mosteit, Rigby and Ebow Nays: None Abstain: None 10. Council to consider approving an ordinance authorizing the City Manager to execute all documents related to using Harris County's 800 megahertz radio system. Police Chief Richard Reffpresented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2752 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR THE CITY OF LA PORTE TO USE HARRIS COUNTY'S 800 MEGAHERTZ RADIO SYSTEM; 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 Councilmember Moser to approve Ordinance 2004-2752 as presented by Chief Reff. Second by Councilmember Ebow. Motion carried. City Council Regular Meeting and Workshop Meeting - June 28, 2004 - Page 3 Ayes: Mosteit, Engelken, Ebow, Moser, Rigby and Beasley Nays: None Abstain: None 11. Council to consider approval of an ordinance authorizing and approving a Landscape Cost Sharing Agreement between the City of La Porte and the Texas Department of Transportation for three monument signage and landscape projects to be located on SH146 and SH225, respectively. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2753 - AN ORDINANCE AUTHORIZING AND APPROVING A LANDSCAPE COST SHARING AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THREE MONUMENT SIGNAGE AND LANDSCAPE PROJECTS TO BE LOCATED ON SH146 AND SH225 RESPECTIVELY; 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 Councilmember Engelken to approve Ordinance 2004-2753 as presented by Mr. Barr. Second by Councilmember Mosteit. Motion carried. Ayes: Mosteit, Engelken, Ebow, Rigby, Moser and Beasley Nays: None Abstain: None 12. Council to consider approving an ordinance authorizing the City Manager to enter into a contract for design services with Binkley & Barfield, Inc. for an amount not to exceed $131,234.00 to facilitate design. City staff recommends approval. Interim Director of Planning Nick Finan presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2754 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BINKLEY & BARFIELD, INe. FOR DESIGN PHASE SERVICES OF THE F216 REGIONAL DETENTION POND PROJECT; APPROPRIATING AN AMOUNT NOT TO EXCEED $131,234.00 TO FUND SAID CONTRACT; 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 Councilmember Moser approve Ordinance 2004-2754 as presented by Mr. Finan. Second by Councilmember Mosteit. Motion carried. Ayes: Mosteit, Moser, Engelken, Ebow, Rigby and Beasley Nays: None Abstain: None 13. Council to consider an exception from a Resolution to allow for filing and issuance of building permits for reconstruction of a storage shed and concrete driveway at 120 West A Street located within the Main Street District. Interim Director of Planning Nick Finan presented summary and recommendation and answered Council's questions. City Council Regular Meeting and Workshop Meeting - June 28, 2004 - Page 4 Motion was made bv Councilmember Moser to approve an exception from a Resolution to allow for filing and issuance of building permits for reconstruction of a storage shed and concrete driveway as presented by Mr. Finan. Second by Councilmember Ebow. Motion carried. Ayes: Mosteit, Engelken, Ebow, Rigby, Moser and Beasley Nays: None Abstain: None 14. The Regular Meeting closed and the Workshop opened at 6:43 p.m. A. Public Works Director Steve Gillett discussed the proposal to exchange maintenance responsibilities for various streets within the City with Harris County Precinct 2 and provide staff with direction. It was the consensus of City Council to move forward with this project. B. Public Works Director Steve Gillett discussed amending Chapter 102, Natural Resources, Article IV, Pipeline Transportation sections 102-231 through 102-264, inclusive, and amending fees associated with the process. City Council requested additional information on fees. They want to ensure the new fees cover all administrative costs. 15. The Workshop Meeting closed and the Regular Meeting reconvened at 7:11 p.m. 16. Council to consider approving an ordinance amending Chapter 102, Natural Resources, Article IV, Pipeline Transportation Sections 102-231 through 102-265, inclusive, and amending fees associated with the process. Public Works Director Steve Gillett gave the presentation and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2755 - AN ORDINANCE AMENDING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, PIPELINE TRANSPORTATION SECTIONS 102-231 THROUGH 102-265, INCLUSIVE, BY REPEALING CURRENT SECTIONS FOLLOWING; AND FURTHER AMENDING APPENDIX A - FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SECTION 102-264 BY REPEALING THE FEES ESTABLISHED HEREIN AND REPLACING THEM WITH THE FOLLOWING; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEAMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER DAY; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Moser made the motion to table Ordinance 2004-2755. as presented by Mr. Gillett. until the next City Council Meetin~. Second by Councilmember Engelken. Motion carried. Ayes: Moser, Rigby, Beasley, Mosteit, Engelken and Ebow Nays: None Abstain: None 17. ADMINISTRATIVE REPORTS Early Voting for Mayor and District 6 Special Election will be held at City Hall Council Chambers beginning July 7, 2004 and ending on July 20, 2004 from 8:00 a.m. until 5:00 p.m., and on Saturday, July 10,2004, at City Hall Council Chambers from 8:00 a.m. until 5:00 p.m., and on Election Day, Saturday, July 24,2004, from 7:00 a.m. until 7:00 p.m. A Newly Elected City Officials' Orientation will be held Friday and Saturday, July 23 and 24,2004, and Friday and Saturday, August 20 and 21,2004, in Austin, Texas. City Council Regular Meeting and Workshop Meeting - June 28, 2004 - Page 5 The 4th of July Fireworks are scheduled for 9: 15 p.m. at Sylvan Beach Pavilion; Rain Out Date is scheduled for Monday, July 5, 2004, for 9:15 p.m. at Sylvan Beach Pavilion. 18. COUNCIL COMMENTS Councilmembers Engelken, Beasley, Ebow, Moser, Rigby and Mosteit had comments. 19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFR OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.071 - (PENDING LITIGATION)-MEET WITH CITY ATTORNEY AND CITY MANAGER TO DISCUSS PENDING LITIGATION. 551.073 - (GIFT/DONATION) - DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION 551.074 - (PERSONNEL MATTER) - CITY SECRETARY'S EV ALUATION/PERFORMANCE Council retired to Executive Session and the Regular Meeting reconvened at 8:28 p.m. There was no action taken during Executive Session. 20. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION 21. There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:29 p.m. Respectfully submitted, ~tlttA~0fl4tt Martha Gillett, TRMC City Secretary on this 12th day of July 2004 Barry Beasley, Mayor Pro Tern REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 12.2004 Requested By: Nick Finat Appropriation Department: Planninrz Account Number: N/A N/A Source of Funds: Report: ~esolution: Ordinance: ....A.- Amount Budgeted: N/A Exhibits: Ordinance P&Z Staff Report Aerial & Zoning Maps Site Plan SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its May 20, 2004, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU04-008. The request, submitted by Mr. William Thomas ofWPT Properties, Ltd., seeks approval ofa Special Conditional Use Permit (SCUP) for an expansion to existing La Porte Self Storage facility located at 2915 North 23rd Street adjacent to Public Works facility of the City of La Porte. The applicant seeks to expand the facility by paving 2.14 acres of an adjacent portion of the site abutting Spencer Highway to the south. The purpose of an expansion is open storage for boats and RVs etc. The previous permit #SCU99-003 was issued to the Gulf Coast Mini-Storage (now La Porte Self Storage) in a General Commercial (GC) zone. The permit was specifically limited to Phase I (Mini-Storage Warehouse). After the hearing, the item was tabled to allow the applicant more time to firm plans for an expansion and incorporate changes verbalized at the May 20, 2004 meeting. Since then, staff worked with the applicant to refine an overall plan and agrees to the terms and conditions of the draft SCUP. The item was presented to the Planning and Zoning Commission at their meeting on June 17,2004. Seven (7) notices of public hearing were mailed to neighboring property owners. No response was received. The Planning and Zoning Commission, by unanimous vote (6-0), recommends City Council approval of Special Conditional Use Permit #SCU04-008 with the following conditions: 1. The site is constructed with a 10' landscaping along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders) and be able to fulfill the intent of the barrier from one (I) year after planting. An additional 5' landscaping barrier be constructed along the western portions of the perimeter including the entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station. The landscaping plan must be approved by the City Staff. 2. That the special conditional use permit be approved only for phase n. 3. The paved area provide a dust-free environment, the construction of which be approved by the City Staff. 4. Drainage to be planned to have a net zero effect for storm water runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff. 5. No construction shall take place until a minor development site plan and replat are submitted and approved by the City. 6. The Developer shall comply with all applicable laws and ordinances of the City and State of Texas. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on an Ordinance for a Special Conditional Use Permit for 2.14 Acres allowing expansion to existing La Porte Self Storage located at 2915 North 23rd Street as requested by Mr. William Thomas. Approved for City Council A1!enda rlflt~()J . A~b ;Plu Debra B. Feazelle, ~ity Manager '7 fa-oed Date ORNINANCE NO. 1501- 555 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 GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.14 ACRES, PART OF THE RICHARD PEARSALL 1/3 LEAGUE, ABSTRACT 625, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF EXPANDING A MIN-STORAGE AND WAREHOUSING; 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 20th day of May, 2004, 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. Immediately following such public hearing on May 20, 2004, the Planning and Zoning Commission of the City of La Porte tabled the item to allow the applicant more time to firm plans and 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 June 18, 2004, a true ORDINANCE NO. 1501- S~ Page 2 copy of which 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 12th day of July, 2004, 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 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: A 2.14 acres of land, part of the Richard Pearsall 1/3 League, Abstract 625, La Porte, Harris County, Texas. "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. ORDINANCE NO. 1501-555 Page 3 "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 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. "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the day of July, 2004. ~ - ~ - Mayor Pro-T:';; - ATTEST: By:'-f11Il~ ~ MARTHA GILLETT, City Secretary APPROVED: By: J fJ, ~7'~1 a.n-7'"i u~ ",J!4,. N D. ARMSTRONG, Assistant City Attomey . -. . '1 . Staff Report Reauested by: Reauested for: Locations: Present Zonin2: Reauested Use: Baclmround: Analvsis: La Porte Self Storage Expansion Special Conditional Use Permit #SCU04-008 June 17,2004 WPT Properties, Ltd. (William Thomas) 2.14 acres, part of the Richard Pearsall 1/3 League, Abstract 625, La Porte, Harris County, Texas 2915 N. 23rd Street General Commercia~ GC, Light Industrial (LI), Business Industrial (BI) Expansion of Self Storage Facility for Open Storage. On 9-27-99, A Special Conditional Use Permit #SCU99-0OJ was issued to La Porte Self Storage in a General Commercial Zone. The permit was specifically limited to Phase I (Mini-Storage Warehouse). The existing facility is primarily in a GC zone with a portion (detention pond) within that part of the tract ofland in a Light Industrial (LI) zone. This issue was initially heard by P&Z on May 20,2004, and tabled to allow the applicant time to firm plans for the expansion and incorporate changes verbalized at the May 20th session. The applicant seeks to expand the facility by paving 2.14 acres of an adjacent portion of the site within that part of the tract that is in a Business Industrial (BI) zone and abutting Spencer Highway to the south. The purpose of the expansion is open storage for boats, R V s. etc. The original permit was conditional in a GC zone and limited to Phase I. Sec. 106-521 (a) Table A, Industrial Uses, states "All uses conditional in the GC zone, except residential" are conditional use in all types of industrial districts. This expansion represents Phase IT and, therefore, requires a special conditional use permit. It should be noted that this facility is adjacent to the City of La Porte Public Works Department and in the vicinity of the site identified for the new Police Station at 23d Street and Spencer Highway. In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developments spanning commercial and industrial uses. While no structure is planned, the use of the land requires conditional permit. Surrounding uses include GC to the west and south, BI to the south, and LI to the east and north. No residential uses are present. The intended use of the proposed site is compatible with surrounding zones. At the first hearing staff recommended that given the nature of the intended use, a 10' landscaping Special Conditional Use #SCU04-008 P & Z (6/17/04) Page 2 on screen be constructed along the eastern and western portions of the tract intended for open storage, and a 10' landscaping buffer along the boundary abutting Spencer Highway. In further coordination with the applicant, however, it was learned that boats and R V s were also being stored along the strip running east and west adjacent to the current facilities. Given that the initial proposal did not have any landscaping along this portion of the development, and that eastern portion of the proposed expansion abuts the railroad, we are amending our initial recommendation. We recommend that the 10' landscaping screen along the eastern portion of the expansion abutting the railroad be eliminated. We further recommend that the 10' landscaping buffer along that portion of the expansion adjacent to Spencer Highway remain. The western perimeters of the expansion, including the strip adjacent to the current facilities, retain as' landscaping buffer along its entire length thereby isolating the storage activity from the view of the proposed Police Station. Streets - Access to the proposed development is off of 23rd Street. We see little to no impact by the proposed development. Topography - This area is relatively flat and stable and should not be an obstacle to this type of development. Density - No density issues Utilities - The proposed expansion will require no additional utilities. Drainage -Current drainage calculations now account for the adding of impervious cover (paving). Recommendation: Based on the above analysis, staff recommends approval of the Special Conditional Use Permit #SCU04-008. Given the project's proximity to Spencer Highway, however, certain conditions should be considered. Should the Commission favorably consider the request, we recommend the following conditions: 1. The site is constructed with a 10' landscaping along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders) and be able to fulfill the intent of the barrier from one (1) year after planting. The an additional 5' landscaping barrier be constructed along the western portions of the perimeter including the entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station. The landscaping plan must be approved by the City Staff. Special Conditional Use #SCUU4-UUlS P & Z (6/17/04) Page 3 on 2. That the special conditional use permit be approved only for phase II. 3. The paved area provide a dust-free environment, the construction of which be approved by the City Staff 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff 5. No construction shall take place until a minor development site plan and replat are submitted and approved by the City Staff Options available to the Commission : . Recommend to Council approval of this SCUP. . Recommend to Council approval of this SCUP with additional conditions. . Recommend to Council denial of this SCUP. 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 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 20th day of May, 2004, 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 04-008, which has been requested for an additional 2.14 acres of land, part of the Richard Pearsall 1/3 League, Abstract Number 625, La Porte, Harris County, Texas. The property is located at 2915 N. 23rd Street adjacent to Public Works facility of the City of La Porte. The applicant seeks approval of a permit for an additional development to existing mini-warehouse/storage facility. The original conditional use in General Commercial (GC) zone for the mini-storage/warehousing requires a conditional use permit in a Business Industrial (BI) zone for an expansion. A regular 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 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 convened. CITY OF LAPORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471- 5020 or TDD Line (281) 471-5030for further information. ~XHIB'l A PUBLIC NOTICES ~:> THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING , trcct 77571 ....-;:;.:....,...;..... .. ;.:::;::;;<::}::::{;~;:", .., . I".' . B al?.:.;;,:t'::~:;:"."...':."':':;:;<s;:!::::P:':':I':: :tnni'i;'D,r::;:'lV,i/\ re " \ -::, .;::,i:~;> :~:. -);~j :::::; .::;;. .:; '::: " .;~:{ ; ~ ~ . ~ .~ -y. "}:\ :./A.., ':. " '- . ;::: <). -:;::" .~~\ _ .,.::::\\:{::?)::/::/:):~;:;~13:/{tt(:~{(~})/\g>:' . J In accordance with the provisions of Section 106- I 171 of the Code of Ordi- . nances of the City of La Porte, and the Provisions of the Texas Local Gov- emme t Code, notice is he' given that the La PIing and ning 'ss' n will c uct a publi e 'ng '00 P.M. Ci o~ e ~~. y May.. i 4, ,.. \. ouncd CI Chambe . City Hall, S ~ 604 We rmont Park- way, La . ,orte, Texas. The purpose of this hearing is B ' to consider Special Condi- ~. d h' h" d G tional Use Permit Request r.~lgne aut onty, on t IS ate ca #SCU 04-008, which has l<:arolyn Kellogg, a duly authorized been requested for an ad-, . re ditional 2.14 acres of land, ~ Bayshore Sun, a semI-weekly nE part of the Richard Pear- J and generally distributed in the ; sail 1/3 League, Abstract C~ Number 625, La Porte, r s Cou0ty, Texas and who af1 Harris ~unty, Texas. The n swears the attached notice was , property IS located at 2915 I A h pu N. 23rd Street adjacent to shore Sun dated 0-5 oS 00 f. Public Works facility of the ' I City of La Porte. The appli- cant seeks approval of a permit for an additional de- velopment to existing mini- warehouse/storage facility. The original conditional use in General Commer- cial (GC) zone for the mini- storagelwarehousing re- quires a conditional use permit in a Business In- dustrial (BI) zone for an expansion. S'v\ A regular meeting of the Planning and Zoning Com- -' mission will follow the pub- 0' lie hearing for the purpose of acting upon the publiC hearing .items .and to con- n.I"". A+nar ~'"''''''''''l!'.: ....;..,.."i... ..-,:...,.;-:.:...;-:.;.......;...,..,..... ....,:........... :i:::;:::;7:::::;;.;::;::;:}:.;:;:;;:;.... ".<Y., ....;.;::.:;:~:L)f{j;%:;:.;.:.... 'Sen1ing The Bayslzore Area Since 1947' 281-471-1234 Fax: 281-471-5763 Sun ~ ()/7fI' ff-Ur Karolyn Kellogg Authorized Representative before me this & -iJ{ day of 9~- -~~.~~ Sandra E. Bumgarner Notary Public Harris County, Texas . 200lf ~~)(ftIBIT' B City of La Porte Established 1892 June 18,2004 Hon. Mayor Pro-Tern and City Council City of La Porte Re: Special Conditional Use Permit #SCU04-008 Mayor Pro-Tern and City Council: The La Porte Planning and Zoning Commission, during a regular meeting on June 17, 2004, considered Special Conditional Use Permit #SCU04-008. Earlier, the Commission held a public hearing on May 20, 2004, meeting. The applicant, Mr. William Thomas, seeks approval to allow an expansion to existing self- storage facility located at 2915 North 23rd Street adjacent to the Public WOIks facility of the City of La Porte. After consideration, the Planning and Zoning Commission, by a unanimous vote (6-0), recommends that City Council consider approval of Special Conditional Use Permit #SCU 04-008 with the following conditions in place: 1. The site is constructed with a 10' landscaping barrier along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders etc.) and be able to fulfill the intent of the barrier from one (1) year after planting. An additional 5' landscaping barrier be constructed along the western portions of the perimeter including the entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station. The landscaping plan must be approved by the City Staff. 2. That the special conditional use permit be approved only for phase II. 3. The paved area provide a dust-free environment, the construction of which be approved by the City Staff. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff. 5. No construction shall take place until a minor development site plan and replat are submitted and approved by the City. 6. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Respectfully ~tted, ~rs~ Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Jooms, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 CXHIBIT C 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 Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of July, 2004, 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 04-008, which has been requested for an additional 2. 14 acres of land, part of the Richard Pearsall 1/3 League, Abstract Number 625, La Porte, Harris County, Texas. The property is located at 2915 N. 23rd Street adjacent to Public Works facility of the City of La Porte. The applicant seeks approval of a permit for an additional development to existing mini-warehouse/storage facility. The original conditional use in General Commercial (GC) zone for the mini-storage/warehousing requires a conditional use permit in a Business Industrial (BI) zone for an expansion. A regular 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 available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471- 5020 or TDD Line (281) 471-5030for further information. ~HIBrr D > .......-...-.......-....................................................-....... permit in a Business In- __ __4.!strial (BI) zone for an THE STATE OF TEXAS expansion. COUNTY OF HARRIS CITY OF LA PORTE 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 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 12th day of July, 2004, in the Council Chambers of the C~ity... Hall, 60.4 w.es. t Fa..ir.- mo t Par ay, La Porte, Ta~ e purpose of th /l~ari g is to consider S .eOl'al ondi . Use Permit ~.. t # . 008, w ch al:\ een e- quested fo 'ad' nal 2.14 acres of land, part of the Richard Pearsall 1/3 League, Abstract Number 625, La Porte, Harris , County, Texas. The prop- erty is located at 2915 N. 23rd Street adjacent to Public Works facility of the City of La Porte. The appli- cant seeks approval of a permit for an additional de- velopment to existing mini- warehouse/storage facility. The original conditional use in General Commer- cial (GC) zone for the mini- storage/warehousing re- quires a conditional use A regular meet- ..... . ~~~o~ t~hee C~~b~~u~~~r~i~,..i.,;::::;:::.:::!6}H:: for the purpose of acting ...":";''':=:::n.:::':::.::'.: ~pon the public hearing :-. "':~{;':';"';""":';"::" Items and to conduct other ..;.. .... . f:;;:~:!;::i:r~'.:'. ,; ";:- ::..:;. ::~;~~~~;; '5lire Hearing will be required to ......:... sign in before the meeting . . ..:::;:t':::i:):{::::::.":" is convened. ......;;:;:;::.::;:~:;:;;fb:):i:~;:~::...~. ~aysJzore Area Since 1947' CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations availa- ble. Requests for accom- moda~ns or mw~rewe . services at meetings this date sh~uld be made 48 ho.urs uly authorized pflor to the meetmg. . Please contact the City lml-weekly Secretary's office at (281). t d' th 471-5020 or TDD Line au e In e (281) 471-5030 for further j who information.,. d' t'. e notice was 3.yshore Sun'dated Ob /,;1..3/,;200 ~ , , ~ at" K rolyn KellOgg!!'" Authorized Representative ~ 281-471-123-1 Fax: 281.471.5763 Sun SIIvorn and subscribec' before me this t -n+ day of 9~ J~ .~~.L~~ Sandra E. Bumgarner Notary Public Harris County, Texas , 2004- ~IBfT S City of La Porte Special Conditional Use Permit # SCU 04-008 This permit is issued to: WPT Properties. Ltd. (William Thomas) Owner or Agent 1922 Forest Garden Dr. Kinawood. TX 77345 Address For Development of: La Porte Self Storaae (Miniwarehousina) expansion Development Name 2915 N. 23rd Street. La Porte Address Legal Description: Pt. ofthe Richard Pearsall 1/3 Leaaue. Abstract 625. La Porte. Harris County. Texas. Zoning: General Commercial (GC). 61. & LI Use: Mini-storaaelWarehousina Permit Conditions: 1. The site is constructed with a 10' landscaping barrier along that portion that abuts Spencer Highway. This landscaping barrier should be a mixture of trees and sight bearing bushes (e.g. red tips or oleanders etc.) and be able to fulfill the intent of the barrier from one (1) year after planting. An additional 5' landscaping barrier be constructed along the western portions of the perimeter including the entire length of the strip running east and west adjacent to the existing facility and facing the proposed site of the new Police Station. The landscaping plan must be approved by the City Staff. 2. That the special conditional use pennit be approved only for phase II. 3. The paved area provide a dust-free environment, the constmction of which be approved by the City Staff. 4. Drainage to be planned to have a net zero effect for stormwater runoff for surrounding areas and mitigate any sheet flow or drainage corridor issues to the satisfaction of the City Staff. 5. No construction shall take place until a minor development site plan and replat are submitted and approved by the City. 6. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months 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 of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary "'F 71 LEGEND PROPOSED DEVELOPMENT LP SELF STORAGE -::1.. ~T .... .. b.1. =z::]U BGC :;(:;;:;:1 PU D BUSINESS INDUSTRI;'L LIGHT rNDUSTR:;'L GENERAL COMi'IERCIAL PROPSTY OUTLJNE PROPERTl OUTt..INE N.T.S. '"' 0- N N :! ;.; ~ :ii w Cl ~ ::? en ... ~ w en ~ t ~ c!l i: ti "i ;;J. ~ ~ o ;l: ti ~ en i t C ~ " ~ ~ :I ;: Y '" ~=}t jl! -"~> I =~.~.: Il < --- I I , I I , ';;":J;;::.': L_1 - - - ~~ try, --- 1 ,__!l , -"" ;:: l I ~~' "I ~I \ 18i , I \ , I , I , I LAPORTE SELF STORAGE ~~';;. R - \,I'Jt.9I' Jt 'Q' ocl' 00'" 9i,9:)' O_Ql'JJ'27 l .. ~~:1.:i' T_ 27.0lI' 0\- ~'U:I .... '~''''---./ S :!8' l" ~-" 410.1!f ...-"",...- ........- EL.!:'oAn0'<1 ,.-so <:t-I ON Of l.aI"C'!J'[ "-_ artl~Il~'\lU ~~..u,'_ll UL'iAI\O'l111111.o,()..1JSTUOH lC5Si:./.l.L'oEl.O"llJW TWo _I ,.j _'II 10 " 1.... t (..- ....I......~..-I I. l>o ....,_ lh Ih>It.o W ll'>4 ):10-.,..... ......... ~l Sf'(HCOI H1CHWA Y _ ...'"'-"" _ ~ ___ hh lh... c-.,_r _ __ 4a:IAo:I OIU J "'"w",__ 011. '"", _ ~', Il>o ,_". r-___ .....__1 "''''q ,-J" ~ f LEGE/<lO : '::::;'~oI~".'" . f04.........8G. , (.._....u.."''''''... , GnJol.I"- i E~l~~~"~~'-' ~ ~~~E;, e '~:~ 0;:.:;. :::q \ :.~ ~:l~.();':":,,~ ...~'.... _ ~.,.~ Si", L.","". ...'11 1)1>" "'':' ~.~ ... i>........,Sl"'. . "'""p........ ::: ::::: ~:'=""_l C::J c;.._...... \"Qn_"lIc.a .... ~C...cr.h'......O''''Mo......t'''''l <iil 0"",, UiI~ OOO.IlOlt(C)Rl;Uo... "her) 5 ~ Q.'~ (1_~'lO1) . 1.U1~ ~~.-H S. 111.... c... H ",U""UI,I 0lJT'fJ.U. a.-. Q.111-g'lOl) - .UlIIC.U. llilDI!IOO (fie" lA'nJolT\ ~ ~ 0.':1 (l:l<2'l - 11Ut .....-fL ~ ~ I.IOJU..<a OlIllG fUT AaQlnOH.....Il(f(HnCliH((Ou IW,l9::l. W -II1",a-OO. z.t11..aqu.1t rhIS 011'1.. '4Q..U"( ''''ll I( '~PI\JIi(Q ,II Th(hISllHCSTOH..5(\OERp,K R($IR,CIOll Q - '~I!",,1 ~ ~ J..llG~.lI("lulJ.:I:l1 4 (l.Q1I' J... fl . - I.JU$.o.I.o, DD~ L. MICHAEL HUELSEBUSCH, P.E. 618 FIRST ST HUMBLE, TEXAS 77338 PHONE: (28\) 540-8495 FAX: (28\) 540-8496 FAX: (281) 540-8496 E-Mail: lmhpe@earthlinknel Ir~- --- " ~. ~".-"'''''- \',~~...i ~: " .: gJ_'I_qJ . ,', ~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 12. 2004 Requested By: Nick Finan vi Department: PlanniDl! Appropriation Source of Funds: N/A N/A N/A N/A N/A Account Number: Report: Resolution: Ordinance: --X- Amount Budgeted: Exhibits: Ordinance P & Z Staff Report Aerial Map Zoning Map Site Plan Amount Requested: Budgeted Item: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their June 17, 2004 meeting, held a public hearing to receive citizen comments regarding Rezone Request #R04-006. This request involves 4.9 acres of land out of TR 717 and west Y2 ofTR 718, La Porte Outlots, located along CaniffRoadjust north of Fairmont Parkway. (See map.) On behalf of the First United Methodist Church at 9601 West Fairmont Parkway, the SLI Group, Inc., is requesting a rezone from Low Density Residential (R-I) to Medium Density Residential (R-2). The applicant is proposing an addition to an existing church facility. In addition, the applicant needs these additional acres to develop the church's parking lot. As required by ordinance, notices of public hearing were mailed to property owners within 200' of the site. Staff did not receive any responses. By a unanimous vote, the Commission recommends to Council approval of Rezone Request #R 04-006. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on an Ordinance for 4.9 acres ofland located along CaniffRoad to rezone the property from R-l to R-2 for proposed expansion of the church's parking lot at 9601 W. Fairmont Parkway as requested by the First United Methodist Church. Approved for Citv Council Ae:enda L '7-&-(J~ Date ORDINANCE NO. 1501-::JT-r 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 ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AS REQUESTED BY THE SLI GROUP, INC., ON BEHALF OF THE FIRST UNITED METHODIST CHURCH, THE OWNER OF 4.9 ACRES LOCATED ALONG CANIFF ROAD JUST NORTH OF FAIRMONT PARKWAY HEREIN DESCRIBED; 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 17'h day of June 2004, 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. Immediately following such public hearing on June 17, 2004, 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 June 18, 2004, a true ORDINANCE NO. 1501,:"r,1" Page 2 copy of which 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 dassification changes and the recommendation of the Planning and Zoning Commission on the 1th day of July, 2004, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible redassification 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. 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 from Low-Density Residential (R-1) to Medium Density Residential (R-2)." The description of said parcels of land rezoned to Medium Density Residential (R-2) is as follows, to-wit: "4.9 acres of land out of TRS 717 and west % of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, located in the W. M. Jones Survey, Abstract No. 482, City of La Porte, Harris County, Texas". ORDINANCE NO. 1501-jjJ Page 3 "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 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the l~~ day of July, 2004. CITY OF LA~..P...ORTE ~ ~- Mayor Pro-Tern ATTEST: Byiflll,tIM.. firM MAR A GILLETT, City Secretary APPROVED: By: J D. ARMSTRONG, Assis ~ 7,; ~Lh_J ~ I ~ c-,A, ~~.:J .. t City Attorney Staff Report First United Methodist Church Zone Change Request #R 04-006 June 17,2004 Reauested by: The SLI Group, Inc. on behalf of First United Methodist Church Reauested for: Approximately 4.9 acres of land out of TR 717 & west 1f2 of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Porte, Harris County, Texas. Locations: 9601 W. Fairmont Parkway Present Zonin2: Low-Density Residential, R-1 ReQuested Zonin2: Medium-Density Residential, R-2 Back2round: The subject tracts comprise approximately 4.9 acres ofland out of 14.6311 acres oflot 717 and the west 1f2 of lot 718 of La Porte Outlots, Volume 83, Page 344, HC.D.R., William M. Jones Survey, La Porte, Harris County, Texas. The said property indicates three zoning classifications. In the south portion of lot 717 is an existing church building & parking lot located within Medium Density Residential (R-2) zoning district where religious institutions (SIC#866) or related facilities are a permitted use. The northern portion of lot 711 is zoned Low Density Residential (R-1). The west 1f2 of lot 718 is zoned Neighborhood Commercial'(NC). The R-1 portion of the property is the site of the proposed church parking lot expansion. The subject tract is facing Caniff Road. There is an existing private drive off Caniff leading to the church. The property is adjoined by Life Community Church on the west, vacant tracts to the east along Fairmont Parkway at Underwood, and south of Caniff Road. The subject property is also in the vicinity of residential (Summer Winds & Pecan Crossing Subdivisions & Fairmont Oaks Apartments), commercial (convenience store & gas station), and industrial (Bayport North Industrial Park) facilities. The applicant seeks a rezone from Low-Density Residential (R-1) to Medium-Density Residential (R-2) for proposed expansion of the church's parking lot. Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Zone Change #R 04-006 P & Z (6/17/04) Page 2 of3 Land Use -- Review of the City's Land Use Plan shows the subject tract developing as residential. In addition, some commercial uses are shown at the intersection of Underwood Road and Fairmont Parkway. Currently, the adjacent properties are church and single-family residential (pecan Crossing and Summer Winds Subdivisions). The surrounding existing uses across Caniff Road and church are primarily residential. The proposed rezone seems to be compatible to these uses. Should the rezone to R-2 be granted, the entire tract 717 would have the same zoning classification. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: . Character of the surrounding and adjacent areas; . Zoning and uses of nearby properties; . Suitability of the property for the uses permissible within the zoning designation; . Extent to which approval of the application would detrimentally affect of substantially harm the value of nearby properties; . Extent to which the proposed use designation would adversely affect the carrying capacity of existing infrastructure; and, . The gain, if any, to the public health, safety, and welfare of the City. Transportation - The tract in question gains secondary access along Caniff Road running east and west between the Church and Summer Winds Subdivision, and primary access off Fairmont Parkway. Caniff Road, an 80' public right-of-way, and Fairmont Parkway, a controlled access highway with 250' ROW, will accommodate the additional traffic generated by the proposed development. The primary function of Caniff Road is to provide through access to the Pecan Crossing and Summer Winds Subdivisions at Underwood Road. Utilities -Utilities are in place to support the church. No additional utilities will be needed for this project. Storm water drainage will be reviewed carefully with the development plan submittal for the proposed expansion. Recommendation: Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties and recommends approval. The property in question is suitable for the requested change to R-2 which will unify the entire tract under a single zoning classification. The requested rezone allows expansion of the church facilities. The development within the subject tracts will not negatively impact the surrounding properties and will not harm the value of nearby properties. Furthermore, it will not have a Zone Change #R 04-006 P & Z (6/17/04) Page 3 of3 significant impact on the traffic conditions in the area and better accommodates the traffic flow into the church facility. In reviewing this request the Commission should consider the following: . There was no apparent error in assigning the present zoning designation to the tracts in question. . There have been no changes in the area that warrant a change to the zoning designation. . The applicant's requested zoning conforms to the present zoning and nature of the surrounding properties. . Furthermore, the requested change is compatible with the goals and objectives of the City's Comprehensive Plan. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from R-l to R-2. . Recommend to Council denial of this rezoning request from R-l to R-2. . Table this item for further consideration by the Commission. 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 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 17th day of June, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R04-006, which has been requested for approximately 4.9 acres of land out of TR 717 & west ~ of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located at 9601 W. Fairmont Parkway. The request, submitted by the SLI Group, Inc. on behalf of the First United Methodist Church, seeks to have the property in question rezoned from Low Density Residential (R-l) to Medium Density Residential (R-2) The purpose of the zone change is to allow an expansion of parking lot for the church. A regular 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 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 convened. CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. exHIBIT A rHE STATE OF TEXAS COUNTY OF HARRIS CITY~E NOTICE OF PUBLIC HEARING uth 8th ~ treet e, Texas 77571 ....., .......-.... ::";:;<;';'::/:/';::;::;:;;\;::" <:::.:::>:<:;::.;::::':",;:; ;.:::::: :~:>: :-::.;.:-:>:-:-.-:.,.;..:::.::':::.".':: ::;:>()(/)):~)~<:;:;:<} .... '. ~~:";'~""':':'" ;:t:!:I~::;'::!:':"""'" BaNsDire 281.471-1234 Fax: 281.471-5763 In accordance' Nith Ihe provisions of Sec-' ion 100-171 of the Code' :>f Ordinances of the CliJ: >f La Porte, and the proVl-' ;ions of the. Texas local: 1 e 30vemment Code, notice' s hereby given that the La )orte Planning and Zoning I ~mission will conduct a IUbIic hearing at 6:00 P.M. on the 17th day of June, 004, in the Council :hambers of the City Half, 04 West Fairmont Park. ray, La Porte, Texas. The urpose of this hearing is I consider rezone request )orte R04-OO6, which has been J, ..' ~ IqueSted for approxi- I alii;:, Illtely 4.9 acres of land :~s .If of TA 717 & west of q 718, La Porte 0Uti0ts" '. B. Lawrence Subdwh the undersigned authority on this date :m, W. M. Jones Surv~y" I. . 482, City of La PQrt$.~ ppeared Karolyn Kellogg, a duly authOrIzed uris County, Texas:Th6 ' T h S . k operty in question l~fo> Ive of he Bays ore un, a semi-wee Iy ted at 9601 W. fairmont published and generally distributed in the ll'kway, The request bmitted by the SLl orte, Harr s County, Texas and who oup. Inc. on behalf of duly sworn swears the attached notice was I Rrst United Methodist' !t lurch, seeks to have lh$... I The Bayshore Sun dated () (p {J;;L /0 + lperty In question rez~~ ' 9d from Low DensItY sidentlaJ (R-1) to MeQl-. : Density Residential (R: The purpose of the Ie change is to aI/ow ar( laoslon of parking 19t. the church. ., Sun ..... .....-........... 'Sen'ing The Bayshore Area Since 1947' / .---::r~(/~ .I J j/ i I} I f//" li'..,! \~" "" if \,/ cT')f( --. t'e-- i ~~ .(' --/ .- .. " /..' .//' ITY OF LA PORTE Martha Gillett City Secretary Kar~lyn Kellogg Authorized Representative subscribec. before me this c:z ~ day of 9/..-L~ ~1 '&~~(5'~>"~ Sandra E. Bumgarner Notary Public Harris County, Texas , 2004- Citizens wishing IddreSS the Commls- pro or con during the !ic Hearing wit! be re- ~ to sign in before the ling is convened, 'Of"um of City Council bars may be present participate In disCuS- during this meeting, ver, no action will be I by Council. ') facility has dlSabOity . nmodallons availa-. ~equests fO( accom- tions or interpretive es at meetings j be made 48 hours to tho .........;...~ t;~XHIBIT B City of La Porte Established 1892 June 18, 2004 Hon. Mayor Pro-Tem and City Council City of La Porte Re: Rezone Request #R04-006 Mayor Pro-Tem and City Council: The La Porte Planning and Zoning Commission, during its June 17, 2004, meeting, held a public hearing to consider Rezone Request #R04-006. The SLI Group Inc., on behalf of the First United Methodist Church located at 9601 W. Fairmont Parkway, seeks to rezone approximately 4.9 acres of land out of TR 717 & west % of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, A-482 , La Porte, Harris County, Texas. The applicant seeks to have a property rezoned from Low Density Residential (R-1) to Medium Density Residential (R-2). The purpose of rezoning is to allow proposed expansion of the church's parking lot. The Planning and Zoning Commission, by unanimous vote (6-0), has recommended approval of Rezone Request #R04-006. Respectfully submitted, ~~~~ Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 EXHIBIT C 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 Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of July, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R04-006, which has been requested for approximately 4.9 acres of land out of TR 717 & west 'l2 of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located at 9601 W. Fairmont Parkway. The request, submitted by the SLI Group, Inc. on behalf of the First United Methodist Church, seeks to have the property in question rezoned from Low Density Residential (R-1) to Medium Density Residential (R-2) The purpose of the zone change is to allow an expansion of parking lot for the church. A regular 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 A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ,':SXHIBIl' D 820 South ~ T ~ n~_.~~ THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE 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 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 12th day of July, 2004, in the Council Chambers of the City Hall, 604 West Fair- ~t Parkway, ,La Porte, T as. The purpose of the,i"r ,g j,S to conS,ide r r z, quest # 04-006, . h s be uested, for a p~, 'mat 4.9 acres f 'd- ut f TR' 717 & we " 718, La Porte - ots, W. B. Lawrence Subdivision, W. M. Jones Survey, A-482, City of La Pprte, ".l;:.Iarrif!, County, Texas. The prop- erty in question is located at 9601 W. Fairmont Park- way. The request, submit- ted by the SLI Group, Inc. on behalf of the First Unit- ed Methodist Church, seeKs to have the property 'n question rezoned from Low Density Residential (R-1) to Meo/um Density Residential (R-2) The pur- pose of the zone change is to allow an expansion of parking lot for the church. " ..... ;':'.. :-.: ~>, '. .:.'/:;.;..,::;;-: . ," .:. . "'-::~" . . . .:~.: .>;.;.;<:.: -:<<.' .... .::~ 281-471-1234 Fax: 281-471-5763 Sun Citizens wishing ';:.C?:'.,:. .': :;>' :fr a:o~e~~~~~ ~~~n~~~~~ ~ B';;;:~'/~::~~~'Area Since 1947' Hearing will be required to , sign in before the meeting is convened. luu -rj {if) tfr u ---- h' ~ -ol day of Si)...tvLJ ~ Sworn and subscribec before me t IS .~/i.~~~~ Sandra E, Bumgarner Notary Public Harris County, Texas CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council on this date . members may be present :l. duly authorized and participate in discus- . kl sions during this meeting, l S em [- we e y however, no ac~ion will be stributed in the taken by Council. and who This facility has disability lched notij waf accommodations . availa- 0 (p /:;1..3 ;;LOd " ble. Requests for accom- I ' modations or interpretive s6Nices at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 '" TOO Line ~ (281) 471-5030 for further, information. ~d." 1. ~ Karolyn Kellogg Authorized Representative , 2001f ~~~BIT' E " ..',,I.; , . J. 1'.',' ... r~ "",,,",.a~ ..... ...' t 4"1;J\ j( . ~.""" .","""., ~ N.T.5. o u UMMER WINDB SUBD. . o It .Q .0 o .~ 29 ~ 1&1 o z f 70 o LEGEND 9601 W. Fairmant R# 04-006 R-l LOW DENSITY RESIDENTIAL R-2 _ NC PUD R-3 MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL LOW DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIA~XHjjirr r-- I I I I I I I I I I I I I I I I I I I I I I I I B I I I I I : r~===========l~ .l.t.....:~L""I!""......."'..'-.9 // r:, ---------~~ II II I ~: I : lit II II: I: IIII 11 I """,..no...,""" II III )1 !:' :1 II: I: II) I! 1:1 :1 I{I )1 I:: (r~~-=--=--=--=--=-/ 1,1 11 )1: :1 111 II 1:1 'i Iii :1 III JI I'r JI I:: :! III II III ,I I, )1 111 I) !!! II III )1 II [, III I' III II III \1 I, " ) II ,........:;.:::..::\ II! 1, 1:1 :1 !I' ~JfI1ICt.t,."""' II III II II )1 IJI II I ~=======::::.J L _ _ _____ -.-.- ---.----.- - - - -.-- ---:- - - -- - - - -- -- - - - -- -.- 1 I I I I : I I I I I : I I I I I : I I I I I : I I I I I : I I I I I : I I I I I : I I I I I : I I I I I i Ne:lc;H[30(~g~~ ~~~Me:RCIAL : : I I I I I -i I I I I I : I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I _.____ ._._ _ _____._._._._._.___.___._._._._ _______________.__L._ ___ ---.- ~ PROP05f.D ZONe: R-2 ( CURRe:N11- Y R-I) NeW.At7l7tllON.AL P.N<:K1NC::;, !:10 .AO01110NI'L- SPACes (Is-a fOrA/...) ~ l I I I I I I l_________J e:XIHINc; ZONe: R-2 fAlRMON, F'Al"J:.WAY CD ~~~,,~~~~I~N I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ____--1 PLNJ fRlJE' NORm NORm EBEB REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 12. 2004 Requested By: Nick Finan v'f Appropriation Source of Funds: N/A N/A N/A N/A Department: Planninl! Account Number: Report: Resolution: _Ordinance:-X- Amount Budgeted: Exhibits: Amount Requested: Ordinance P & Z Staff Report Aerial Map Zoning Map Site Plan Citizen Responses Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their May 20, 2004, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R04-005. This request is for the property located in the 700 Block of State Highway 146 near Barbour's Cut Boulevard. The subject tract comprises 2.520 acres of land, described as TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The tract is bounded by Fairlane Street to the north, S.H.146 to the east, Bayshore Motel to the south, and North 11th Street (a half paved street) to the west. The La Porte Terrace, a single-family subdivision, is across the street to the west. The applicant is requesting a rezone from General Commercial (GC) to Business Industrial (BI) for proposed development of a truck stop. As per Section 106-441, Table A, Commercial Uses, allows service stations (SIC#554) but excludes truck stops. While, the Business Industrial (HI) zone across S.H. 146 seems compatible to the development of a truck stop, the adjacent residences to this site make proposed rezone incompatible. The development within the subject tract may negatively impact the surrounding properties and may harm the value of nearby properties. As required by Ordinance, twenty-three (23) notices of public hearing were mailed to property owners within 200' of the site. Fifteen responses received, all opposed to the project. Granting this requested change would be in contrary to the goals and objectives ofthe La Porte Comprehensive Plan. The Planning and Zoning Commission, by a unanimous vote (6-0) recommends to City Council denial of Rezone Request #R04-005. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on an Ordinance for 2.520 acres of land located in the 700 block of S.H.146 to be rezoned from GC to HI as requested by Ajay Jain. The applicant seeks to rezone the property for a proposed development of a truck stop. 3. P&Z recommended denial of the request by a 6-0 vote. If City Council wishes to overturn the negative recommendation, it requires a ~ vote of the entire Council (7 members). Approved for City Council Al!enda ~' 1~& -04 Date o ( 0 " f \et n C G n ( l r~p9lC \; tei ORDINAN E NO. 1501-.llJ) /;{ AN ORDINANCE AMENDING THE CODE F ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFER ED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL TO BUSINESS INDUSTRIAL~QUESTED BY MR. BOBBY GRISHAM ON BEHALF OF MR. NIRANJAN PATEL, THE 0 ER OF THIS 2.520 ACRE TRACT LOCATED ALONG FEEDER ROAD OF THE STATE HI HWAY 146 HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO T E 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 20th day of May 2004, 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. Immediately following such public hearing on May 20, 2004, 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 21,2004, 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- J111L.{ Page 2 "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 12th day of July, 2004, 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. By an affirmative vote of at least three-fourths of the City Council of the City of La Porte hereby rejects 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 reclassified from General Commercial (GC) to Business Industrial (BI). The description of said parcels of land is as follows, to-wit: "TR 1, Block 4 (2.520 ac), Nebraska Syndicate, Johnson Hunter Survey, A-35 , La Porte, Harris County, Texas". "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. ORDINANCE NO. 1501-lill..Li Page 3 "Section 8. 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the I :A11- day of July, 2004. ,) I'L/ DV If{ljrOJA J d~(lltd CITY OF LA PORTE By: Mayor Pro-Tem ATTEST: By: MARTHA GILLETT, City Secretary APPROVED: By: j..j. c.( h., ~. D. ARMSTRONG, Assistant City Attorney Staff Report Fairlane & S. H. 146 Truck Stop Zone Change Request #R04-005 May 20, 2004 Requested by: Niranjan S. Patel & Ajay Jain c/o Bobby Grisham. Requested for: TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas Locations: 700 Block of State Highway 146 Present Zonine: General Commercial, GC Requested Zonine: Business Industrial, BI Back2:round: The subject tract is approximately 2.52 acres of land out of Johnson Hunter Survey, La Porte, Harris County, Texas. The said property is bounded by Fairlane to the north, S.H. 146 to the east, Bay Shore motel to the south, and 11th Street (a half paved street) to the west. The sketch plan shows that the applicant seeks to develop a truck stop using primary access onto feeder road of S.H. 146 and secondary access onto Fairlane. The land use surrounding the site shows an empty tract to the north zoned for a PUD, an existing truck stop to the east zoned BI, the motel to the south in a GC zone, and a residential subdivision to the west zoned R-1, low density, single family. The applicant seeks a rezone from General Commercial (GC) to Business Industrial (BI). Analvsis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Pedestrian Connectivity, Utility Infrastructure, and Residential Development. The specific issues considered are as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developing as general commercial uses along the western side of S.H. 146. With adjacent tracts as single-family residential and PUD, general commercial use is compatible. Section 106-441 Table A, Commercial Uses, allows service stations (SIC 544) but specifically excludes Truck Stops. While the BI zone across S.H. 146 (a good buffer) is compatible to the development of a truck stop, the adjacent residences to this site possibly make this proposed rezone incompatible. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: lone Change #R04-OO5 P & Z (5/20/04) Page 2 of3 Conclusion: . Character of the surrounding and adjacent areas; . Existing use of nearby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; . Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; . Extent to which the designated use of the property would harm the value of adjacent land use classifications; . Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; . Extent to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacent land use designations; and, . The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Transportation - The tracts in question gain primary access along the feeder ofS. H. 146 with two driveways and a secondary access on Fairlane with one drive. While S.H. 146 sustains heavy truck traffic, Fairlane is a primary drainage channel and is not paved to support heavy use. Repeated truck use would cause maintenance issues. To the west, 11th street has only one lane paved and has approximately 8' of passage. This street primarily serves the residential subdivision. It would be imperative to prevent any heavy truck access. The traffic flow along the feeder of S.H. 146 may be impacted with the truck stop so near the major intersection with Barbour's Cut Boulevard. Pedestrian Connectivity - A rezone to allow heavy truck traffic on Fairlane would not be conducive to pedestrian access, stemming from the residential subdivision or any activity the may develop in the PUD zone to the north and west. Should general commercial activity begin to develop along the western side of S. H. 146, a truck stop at this location would impact pedestrian traffic. Utilities - Water and sewer utilities are available to the site along 11th Street. Based on the above analysis, staff finds the requested change incompatible with the zoning and uses of nearby properties. This stems primarily from the residential subdivision to the west and the potential of development within the PUD zone to the north and west of the proposed truck stop. The property in question is not suitable for the requested change to BI in order to allow the Zone Change #R04-005 P & Z (5/20/04) Page 3 00 development of a truck stop. The development within the subject tract may negatively impact the surrounding properties and may harm the value of nearby properties. Furthermore, it will have a significant impact on the traffic conditions in the area along Fairlane and may cause further delays along the feeder road off S.H. 146 to Barbour's Cut by the ingress and egress of heavy truck traffic from the site. In reviewing this request the Commission should consider the following: . There was no apparent error in assigning the present zoning designation to the tracts in question. . There have been no changes in the area that warrant a change to the zoning designation. . The applicant's requested zoning may not conform to the present zoning and nature of the surrounding properties. . Furthermore, the requested change may not be compatible with the goals and objectives of the City's Comprehensive Plan. Actions available to the Commission are listed below: . Recommend to Council approval of this rezoning request from GC to BI. . Recommend to Council denial of this rezoning request from GC to BI. . Table this item for further consideration by the Commission. 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 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 20th day of May, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R04-005, which has been requested for the property described as TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas. The request submitted by Niranjan S. Patel, seeks to have the property in question rezoned from General Commercial (GC) to Business Industrial (BI). The pwpose of the zone change request is to allow a truck stop. A regular 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 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 convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ~H'Brr A ~. Special Conditional Use 'ermit #SCU04-005, for Jroperty located in the 700 310ck of State Highway 146,further described as rR 1, Block 4, Nebraska 3yndicate, Johnson Hunt- lr Survey, Abstract No. 35 b "b . b f ' . .a Porte, Harris County,U SCrf ec e ore me tnls rHE STATE OF TEXAS .- -, ~ :;OUNTY OF HARRIS :;ITY OF LA PORTE NOTICE OF PUBLIC HEARING n accordance with the )rovisions in Section 106- 171 of the City of La 'orte's Code of Ordinan- ;es, and the provisions of he Texas Local Govern- nent Code, notice is here- )y given that the La Porte 'Ianning and Zoning Com- nission will conduct a pub- ic hearing at 6:00 P.M. on he 20th dQ of May, ~004, in e Council ::hamb of Ci Hall, 604 Nest Parkway, _a Porte, T . The pur- )ose a~ing.~ to ;onsider t .~ .' ests, ;ubmitted b ;~'" iranjan 3. Patel ja,y in c/o 30bby Gris am. ( ....... - I. Rezone Request #R04- : )05, for property located in : he 700 Block of State ' -1ighway 146, further de- :~ ;cribed as TR 1, Block 4, ~ebraska Syndicate, .)- Johnson Hunter Survey, ~bstract No. 35 La Porte, '- -Jarris County, Texas. Ap- Jlicant seeks to have this Jroperty rezoned from 3eneral Commercial (GC) md Business Industrial BI), to allow the develop- nent of a truck stop at this ocation. )lith 8th ~ treet te, Texas 77571 281-471-1234 Fax: 281-471.5763 ," ;.:~:.:':-:-~" ,'. <.'~ ...,....,...;. ;...;.:-:.:-;.... ...... .. ~i' Sun Ie 'SetTing The Bayslzore Area Since 1947' -te ITIS ~ under.signed authority, on this date eared I(arolyn Kellogg, a duly authorized of The Bayshore Sun, a semi-weekly o/ished and generally distributed in the I 9, Hans County, Texas and who 'I sworn, swears the attached notice was 1e Bayshore Sun dated 05 /os /2t5oL{- '. / ,/ .' ..j, , -1<'" (, I; ..'/' .' . ,",~ 1/ 1i.,1 il , / ;'i---- \-' \.... '''--Y .x' / Karolyn Kellogg Authorized Representative day of 9.-l~ L~1L- ~. 4~?t'~'"- Sandra E. Bumgarner Notary Public Harris County, Texas cJ.^0- , 2004- ') ~H'BIT B City of La Porte Established 1892 May 21, 2004 Hon. Mayor Pro-Tem and City Council City of La Porte Re: Rezone Request #R04-005 Mayor Pro-Tem and City Council: The La Porte Planning and Zoning Commission, during its May 20, 2004, meeting, held a public hearing to consider Rezone Request #R04-005. Mr. Niranjan S. Patel c/o Bobby Grisham, seeks to rezone 2.520 acres of land in the 700 Block of S. H. 146, further described as TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant seeks to have the property rezoned from General Commercial (GC) to Business Industrial (BI). The purpose of rezoning is to allow development of a proposed truck stop. The Planning and Zoning Commission, by unanimous vote (6-0), has recommended denial of Rezone Request #R04-005. Respectfully submitted, ,-4'dz:;-~tCJ~ ~t;T~aters Chairperson, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ~H'91T C 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 ofthe 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 12th day of July, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R04-005, which has been requested for the property described as TR 1, Block 4, Nebraska Syndicate, Johnson Hunter Survey, Abstract No. 35 La Porte, Harris County, Texas. The request submitted by Niranjan S. Patel, seeks to have the property in question rezoned from General Commercial (GC) to Business Industrial (BI). The purpose of the zone change request is to allow a truck stop. A regular 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 A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information. rnttBfT D THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE t- trcct 77571 " .....;... ':":"" .. .....;..::;;:;;:/::::.:....... 281-471-1234 Fax: 281.471-5763 ....-....;...::::::':..:: NOTICE OF PUBLIC HEARING f~.. 1~.;i'€ ~ !~.t~3Provi- sions c:t ~ Xexas Local Govemmer\(" Code, notiCe is hereby given that the La Porte City Council will con- -ctiangerequesr IS 10. allOW a truck stop. e C I A regular m.ee!- log of the City CounCil Will S t follow the public hear~flg for the purpose of acting upon the public hearing BE items and to conduct other signed authority, on this date ca ~:~~~. pertaining to the (arolynKellogg, a duly authorized re~ Bayshore Sun, a semi-weekly nm Citizens wishing and generally distributed in the Cit~ : a:~e:~~ ~~~~~C~i~ s COUT!ty, Texas and who aft€ Hearing will be required. 10 I swears the attached notice was ~ sign in before the meellng / J PUL.. is convened. hare Sun dated CJt (c23/dloo'f . .~;: ......'!m!JDre .,...(~:'...:..:..\:;:::T.:..)...;.:::., 'Serving Tlze~"7:;~if!:,l:;~a Since 1947' Sun o' CITY OF LA PORTE Martha Gillett City Secretary A quorum of City Council members may be present and participate. in disc.us- sions during thIS meeting, however, no action will be taken by Council. ~~cJjjfuJlL Karolyn Kellogg Authorized Representative ThiS facility has disability accommodations availa' S\"Ior ble. Requests ~or acco~. lefore me this & //+ day of 9 ~7 modations or Interpretive services al meetings i J1 ~ d should be made 48 ho.urs .~. IcX...."'??"\-~___. prior to the meelmg. Please conlact the City Sandra E. Bumgarner Secretary's office at (281) N t P b I. 471-5020 or TDD Line 0 ary u IC Harris County, Texas , 2004- continued to page 6 1!XH1BIT E 1A 2A BARBOUR'S CUT BLVD. 4 613 338 !47 I 648 97 N.T.S. '" .. M '" ~ ~ ~ ;ji .: f2 en '" u ::J '" .... W z :5 '" ~ LEGEND PROPOSED DEVELOPMENT FAIR LANE TRUCK STOP t ~ c!J ;:: ~ "I ~ u u: 8 i: 15 !> '" ~ ~ c u <I. u u: ~ ~ R-l LOW DENSITY RESIDEr.mAL _ GC G::NERAL COM~'1ERCI,lL 81 BUSINESS INDUST?l/'L /;1 LI L:GI-iT !NDUSTRl,lL ~ PUD P~NNED UN!, DEV::LCPMENT ~ Q " NORTH 'P STREET .. 'I , ~ ~ :z p S ~ '" ~ ~ 1- 1- j -t ... ~I;j i~ we: 8~ ~n r.;l'\ ~~ .. '- - ~ -t .... . ......... .... '" " ," .~. II }>o J d II '~ .... ~ - q~ 1 CD' ~i TRUCK STOP AJA Y JAIN 'fIR' ,.. .ttORIM'f'_TAUT LAPOIITW." D TAYLOR MADE DESIGNS .n.a HA.uH.I. ....rr "" tQA ION. nc: 1'n* (hIlJIJ')..MlN -_...~....._-- -----~.,._- --.....----- _W1UUlll__ ___ _.._---I~---- ---~...--....._-- Scheduled for RECEIVED MAY 1 7 2004 PLANNING DEPr A Meeting of the La Porte Plllnning- and Zoning- Commission (Type of Meeting) May 2()', 2004 (Date of Meeting) to Consider Zone Chang-e Request #R04-005 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I granting this request for the following reasons: .z-U./.. .~ ~ h-G d ~=:;;dvw~ ~. ~.fL~ M~J 1: ." . ~ ~ '. '.;; do. . ' __A ~ ~ at) ~;t;~ ~ ~ M~ ~. dv,--- c:IL-~ ~ /)hA-iUA.K ~~ ~ t<:a-d..t!aA/~_.g r bV~ / -lJa~J ~ ~~ ~ ~7 ~/- 1G():5/ '.E (![])~/V1 ~6 7to) /.;2~ ~/ ~am:;z: .4t- ~Ad~ (-?S-7/ Signature City, ~tate, Zip A Meeting of the La Porte RECEIVED Pll1nnin~ and Zo~ Commission (fype of Meeting) MAY 1 8 2004 Scheduled for PLANNING DEPT. May 20-, 2004 (Date of Meeting) to Consider Zone ChaIl2;e Request #R04-005 (fype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 36c5 AI. ! l~A J6 I ~~~ fr,j7757/ City, State, Zip A Meeting of the La Porte Scheduled for ell/SiC ". . . Ittllff!"',., . I'r!Jj y .l 8 'UrN,/:. ~ plll1nning and Zo~ Commission (Type bfMeeting) May 20-, 2004 (Date of Meeting) to Consider Zone Cha.nge Request #R04-005 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: - 71.5-'11 A Meeting afthe 1.4 Porte ~~@~O\JJ~1m UD MAY 1 82004 ~ Plll~J:l~ lUld zortinE: Comm.f8aion (Typ~ of Meeting) Scheduled for ~y ~ 2004 (Date or Meeting) By to CQ1Ulider Zoo< ~ R"U..e (I'ype ofRequ 11 ----u I have received notice of the above refctenced public hearing. I :am in FAVOR of ganting this request fur the following ~euons: I ~~ gnnting this ie'luc:st foe the foUowing reasons: . J'--..tOl'.('C, d r'~ ~ok -fS1k...-h'~. J+ WlM-ft,J" b~ d~+vtM~ -hJ ~ heA.1R a--7'JUJkJ,,~ c:.A-r'6t..v-'JY"-~ cu~ hI!:. p~ n' ~VlJ q~~ ~u i~ 8 ~ ~ nflliA-fA-. N A2.f'r-(l.A-L-.1 k. (YJ 6m [# bO 7 'N. 10 tl sl- ~ Sw ec,y"f,... dJ-. vi- Name (plell.Sc pant) AddteSII '&ul..bdl,J.lU. ~ i' L,.. foJL~J 1'/ /7.5 1 J City, Stllte,. Zip I ~~@~~m~~ U~ MAY 1 82004 W A Meeting of the La Porte Plgnning- and Zo~ Commission (Type bfMeeting) Scheduled for By May zo., 2004 (Date of Meeting) to Consider Zone Ch~e Request #R04-U05 (Type of Request) ......_,...-*.<..........-"'""....,~-. .>.........'~"',....".'.-',..J....""".,......,',..'.. I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: if J',j -to ~L66e -t{) 1117 II~ter' I .~~,' '.:j",~i; tindC:J L~i'!J ljfJri,bJY'h Name (please print) ,X.;j~ ~ 1~ Signa ~J~ If. J (.tA- (JJ Address 'c1.I~, ~Ld . City, State, Zip '1'15 7/ A Meeting of the La Porte Scheduled for [OJ [E@[E GIf ~ ~.1 1\J1l MAY 1 8 Z004 W pl~nnin~ and Zo~ Commission (Type bfMeeting) May 20-, 2004 (Date of Meeting) By =- - to Consider Zone Chang'e Request #R04-005 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~ LWe-- J~U~ ~ I.J-}-;-s'. ~~_ ..r:--~?J .A.4A/€.- Jr-Jk a.,,~ ~;f' ffpL t~ts K ~~/~H.r- ~ ,':5; jl.fJl3cllr 1r./J1IJIJI~'1 Sr. Name (please print) ~~ Signa ,;./ }/6,.fA. Ilf^- ST. Address ~ A"'~I '/;L ?7S7{ City, tate, Zip A Meeting of the u. porte [D)~ rei ~ G \1J ~~ lll\l MAY 1 B 2004 ~ Pllm:Ju-.1[ lU1d ZOI1iI:lK CommissiOQ (fype of Meeting) Scheduled for :May 20., 2004 (Date of Meeting) By ---= to Consider Zon< Chad2e l\e-e (rype ofRequ st) - - I have recr:ived notice of the abo-ve reftttnced public hearing. I am in FAVOR of gcanting this ~t tor the following rcasons: I ~~~ to granting thi8 request fo~ the following reasons.: . . -n;~ . ~ft.i +~~ srr ~:~~ ~j ~I~'~ ~~~:'~~~tvt" ~ 1N-. ~lltJ ~JlJ,~ w... ~ . ~ ~eJ. ~'t.tt, ~~~+, ~L. Name (please print) {;IO }J. 11~S+. k StJ ~y'ker1AA.A &i BlvJ Addrese ~.o\.,.. ~ p"Jtti.., TtX~!>. 77 S7 /. City, Sblte, Zip , A Meeting of the La Porte Plgnninl?; and Zo~ Commission (Type of Meeting) RECEIVED Scheduled for MAY 1 4 2004 May 20, 2004 (Date of Meeting) PLANNING DEPT. to Consider Zone C~e Request #R04-005 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: A Meeting of the La Porte RECEIVED Scheduled for MAY 1 7 2004 PLANNiNG DEPT. Phmn;nl?; and Zo~ Commission (Type of Meeting) May 2()', 2004 (Date of Meeting) to Consider Zone Ch~e Request #R04-005 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I=E~~~hJgre~~~ ~ dJ ~ it Y;~n';) ~.~t;:!~!i;~ . -h- t JaJ)~ (be P;LY'\ ~CJ if ~ ZtJ L N~ I t - Or; ~ ;;;ticin~ '. ~-ffr , l -iJ ~ City,State,Zip ~ A Meeting ot the La l"orte Pl!'1nning- and Zoning- Commission (fype of Meeting) RECEIVED Scheduled for MAY 1 7 2004 PLANNING DEPT. May 20-, 2004 (Date of Meeting) to Consider Zone Chang-e Request #R04-005 (fype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: .I J..;"e. cLredl, o..Cro55 +ro,n +h~ P(opo5~+ru.c.lct-5f-of tl do ",of w~~t+-o h~f' J "\i'Y1e--ll rl L:"e. w;-t1-, +fUc.kS@ <::lJLhottfS of-H,i-daJd1\Jr'ft. ~\LBo..ulbo('~ e(t+-~'5 110 ~l.(rl(<, 11 tlcceS5 h, <S€fi; (.f fooJ with 7rlAdts tr'1:~ h JD h f. ~{$ ;1\ t-o Cieo:te a.:'- l!. - I t.s t (JlV 0- toJ e..w roo+- ) 1.00 d. e..pla...<:..eme.--' -r} P:U'''+ job +0 5e-1!. IY\- '1 bG lAw .sc..1 e.o..b 1 '4l . Jeo...A1fJ e A: CJa ,I( 9~::;71'/1~ Signature g' 07 N. 8 Address let O(+e City, State, Zip If~ SL -r; 7"l)7/ H ~s +h u (. b e,.en aJJ Y s -kd." e s t:;...tL1r e. ~ 5 eJ o--h 0 ~ t/-J c +f'O""~(:.; ~ ,sSu.~~ +-nf.- +-('~ St-o p \I...l: II LrW ~ ~ :Ls +-here. ~ p la.AI + 0 b Lo-ll c{ <L b (" ;" k. 0 r c..t.J Jl <.(' de. r ~ " t1 " /l.j waJ I +0 b\o dl 0 \.L.+ o...J..vQ.rst! ft.;ffe.(.. +~ () '" () u-r S ~ J e c {L. Al. l , .H-, ; :L-f- NOt-.. \)'~6e qO Not plA..-\- 0... -+rv..cJ{ S+Df' 1,v 'fV"\.1 ~.ror.l +- \J('dci ~ il _ ,_ , 1_ J ~(' jJ RECEIVED A Meeting of the La Porte MAY 1 2 2004 Phlnn;n2' and Zo~ Commission (fype of Meeting) PLAN N I NG DEPr Scheduled for May 20-, 2004 (Date of Meeting) to Consider Zone ChaIll!e Request #R04-005 (fype of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: d- 3--. ~- &. wdL ~ I \~ ]7) '-f/-fL ~~ ,\\\.C~ r\t'-lbf\fIP\ ~(J ~ - \\ ~ e (PI Ir p~t) (\ -----,1 \\ Ad d,ss -r ~~z..z ~~ La '0 r:-\~ \ e-1-c",-S , Signature City, State, Zip . W ~ ~ fd z:::1 ~cPS . ~ ~5 Ofi'd, ~ ::: ~ Qvvd "Mocr J /L (l$($ 1:: .-~/\LhJ) ~ t<) rv-'.. . J . ~ l<t ~ - C/O ~'- ~-tYY'-R ncv1 . . ~~ ~~. ~ 0 H ~J (j/hd2 ~ to $:i; w-f!- . ~ ~ L) . \J 1;v ~- '/ A~cU.S /' / _ /J ~ ~ /'r'-.I:r'- ~ ~ Jg~/9~1) ~~cvvO'.~~_.~_ .-- -"-- _._---- -,,-- A Meeting of the La Porte Pllmning- and Zo~ Commission ([ype bf Meeting) Scheduled for May 20-, 2004 (Date of Meeting) to Consider Zone Chanee Request #R04-005 ([ype of Request) !rv ~ @ ~ 0 \YJ ~ ~ W MAY 1 8,2004 U!J By I have received notice of the above referenced public hearing. """,,>I"~.,'.-~'n-'.. w__..-,~..- _ ..'....... """"'''''''"''''~''.'f.''"'''''''''-':''"",_, I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ~O I/tI1,d A.PCL~~~ /1,L4 T~ A--I'R. I aftrt2fJAIfJ tr: F=RIJIJI/( s If. Name (please print) ~ J-~~ cA.. Signature t07 r[. uJv Address ~~4 ~ 7757r City, State, Zip ~ [E@[EOillL'If)i,I,. n MAY 1 82004 : Ii U ' ~/: I 8y. ---J A Meeting of the La Porte pl~nn;n2 and Zoni.n2' Commission (Type bf Meeting) Scheduled for May 20-, 2004 (Date of Meeting) to Consider Zone Chan2"e Request #R04-o05 (Type of Request) ...-._.".=_.._-".".,,,,...,"~...!::... - -,,---_.,,---"--~......-..."'" '.,,," I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: I~---k" ,,(') I' S -e- / D.Q V ~ \ '^-Oo.. t;.O "- <:lb A-\y P(i' tAck" V\ Y\.>RJ. ~\... b (JL ~ ~~o N~ ~'1 Address ~ VrM~ rv: City, State, Zip '4-~@ B~()LvUC M.1:. N\ l'7.lVI ,J Name (please print) ~ Signature 71 S"'7 I , A Meeting of the La Porte Scheduled for ~: -~-:\ I"C~ .' ,'- -;; i! ~{I [\ ',:l "', ',', " :, -, \ lJ), l L" U l 0::, \,:~ ! .\)'-S \..,' -- . . II II t~ ~1Aj 1 81004 VI Pll1nnin~ and Zo~ Commission (Type bfMeeting) May 20-, 2004 (Date of Meeting) to Consider Zone Cha.n2'e Request #R04-005 (Type of Request) I have received notice of the above referenced public hearing, I am in FAVOR of gr.mting this request for the following reasons: I am OPPOSED to gr.mting this request for the following re ons: . 15 (5 (\ei h Or D I an(1j q)JO --b~ere.. \5 f\D r-eQSon ~~~-~:;'~~~;~~l~o~~ (' e r'\ Or n. 0 iheK J e~ 9~pn ) ".f.~ ~. I LP L( tJ. ll~ Stre e r-- f !\ n n Address JdlUl~~ t7 . 1'})01 City, State, Zip A Meeting of the La Porte pl!1nning- and Zoning Commission (Type bf Meeting) Scheduled for By-- == May 20-, 2004 (Date of Meeting) to Consider Zone Cb.a.n2'e Request #R04-o0S (Type of Request) "".__~'-="""'''''~''''''''''..~t(I~_...t~;...._..:r_'''_'""",,,__'''-_ ........~;,j.t,...~.. 'd",""'A "",,','. I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: 1 am OPPOSED to granting this request for the following reasons: /0 clcWG -Iv 7ffZ.4ld~'d ~~ /J'h- )n~ Name (please print) #~ Signature t? p tr CJ. 11 C2--L-!::. ~ c.c-f Address Lc:.... fo~e..' -r ~ 77..r I City, State, Zip -_..._.--~--------~-- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Source of Funds: N/A Department: Account Number: N/A Report: Resolution: X Ordinance: Amount Budgeted: Nt A Exhibits: Resolution Amount Requested: NIA. Exhibits: Map Budgeted Item: YES NO Exhibits: _Memo From N. Finan to City Council 6/4/04_ Exhibits: _Past packet material of February 9, 2004_ SUMMARY & RECOMMENDATION This item was tabled at the June 14th City Council meeting pending notification of all property owners within the area for the moratorium. Notices were sent on June 16th. On February 9, 2004, City Council passed a resolution to establish a moratorium in the Main Street area from SH 146 to Broadway. A committee was formed to review the existing regulations and to make recommendations to the Planning and Zoning Commission and eventually City Council on the possible establishment of a new district to establish regulations that take into account the unique character of that district. The Committee has met several times and the Planning and Zoning Commission has held one public hearing. (See attached memo for more information.) The committee does not feel it will complete its review and recommendation process in time for both the Planning and Zoning Commission and City Council to take action before the current Moratorium expires. It is anticipated to that the recommendation and new district regulations would be presented to City Council in October. The current moratorium expires in August. The committee did recommend to expand the district slightly to include some additional blocks near five points and some east of the existing district. (See attached map) Action Required bv Council: Consider taking action on Resolution 2004-06a to extend and expand the moratorium on new construction in the Main Street area up to 180 additional days. Staff recommends the extension and expansion of Resolution 2004-06 (now called 2004-06a). Approved for City Council Al!enda 1-& -oi Date RESOLUTION NO. 2004-06-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LA PORTE, TEXAS, RENEWING, EXTENDING, AND EXPANDING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR_DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MAIN STREET DEVELOPMENT DISTRICT; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER ONE HUNDRED EIGHTY (180) DAYS OR DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is developed and undeveloped land in the City of La Porte, Texas, the development of which may significantly impact City services, such as water, sanitary sewer, traffic, sanitation, and fire and police protection; and WHEREAS, the City of La Porte has not conducted a thorough review of its Main Street Development Zoning and Planning regulations since 1987; and WHEREAS, the City Council of the City of La Porte desires to avoid the adverse effects further development without appropriate zoning and planning regulations may have on the public health, safety, and welfare of the citizens of the City of La Porte; and WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse effects, to further the goals of the Comprehensive Plan update, to provide for orderly future development and growth, desires to establish a period of time in which to complete a review in regard to the Main Street District development regulations; and WHEREAS, continued refinement of development standards ensures neighborhood and business compatibility, minimizes incompatible elements between abutting land uses and contributes to a higher quality of life; and WHEREAS, the City's Comprehensive Plan Update made the following recommendations: Provide an appropriate amount of land for various densities and types of residential and commercial uses and ensure the highest quality living environment. Seek to ensure that adjacent land uses are developed compatibly and take measures to mitigate land use transitions with differing intensities. Redevelop areas, such as Main Street, to enhance its natural character and historic appeal. Evaluate the appropriateness of design standards that include landscaping, screening, increased lot sizes and setbacks, and other methods to minimize negative effects among different land uses. Determine appropriate residential densities for various areas within the City on the basis of accessibility, utility availability, topography, proximity to shopping areas, and other relevant factors. Update the Zoning Ordinance and Official Zoning Map to reflect identification of various areas of particular densities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. The City Council of the City of La Porte finds and determines that the premises hereof are true and correct. SECTION 2. The City Council further finds and determines that it is in the best interests of the public health, safety and general welfare of the citizens of the City to place a moratorium on the acceptance for filing and consideration, and the issuance of building permits and all other development and zoning permits, for all properties in the Main Street Development District in the City for a period of one hundred eighty (180) days from the date hereof, and such moratorium is hereby imposed. For purposes of this moratorium, the term "Main Street Development District", or words of similar import, shall include, but not be limited to development occurring within the area described in the document attached to this Resolution as Exhibit "A". SECTION 3. That there is hereby established a moratorium on the issuance of any permits for construction of or reconstruction in the Main Street Development District within the City of La Porte, Texas for a period of up to one-hundred eighty (180) days from the date of passage of this Resolution. 2 SECTION 4. That during the moratorium period no new zoning permits, building permits (but only for new construction and not interior remodeling), or certificates of occupancy shall be issued and no letters of availability for utilities, as well as formal review or action by any City board, commission or department shall be authorized for the Main Street Development District as described in Section 2 of this Resolution. SECTION 5. This moratorium shall remain in effect for a period of one-hundred eighty (180) days or until final action is taken on any proposed zoning and/or subdivision regulation changes affecting the Main Street Development District, or until final action is taken regarding amendment of the Comprehensive Zoning Ordinance and Map, and development regulations by the City Council, whichever comes first. SECTION 6. Any property owners subject to this moratorium may apply to the City Council for an exception in the event that a hardship results from its application, and the City Council is authorized to grant an exception to the moratorium imposed by this Resolution only when it finds that such hardship does exist. Any exception so granted shall not be a substitute for enforcement of current zoning, development or building regulations, policies and procedures of the City of La Porte. SECTION 7. This moratorium does not apply to developments for which administratively complete applications for zoning permits, building permits, special conditional use permits, or any other development permits have been completed and filed with the City of La Porte prior to the passage of this resolution. In such event, the applicant may complete the permit review process and development approval process under existing City of La Porte regulations, policies, and procedures in connection with the proposed application. 3 SECTION 8. The moratorium on the acceptance for filing and the issuance of building permits and all other development permits for new construction in the Main Street Development District for shall expire on p.m., Central Standard Time. January 8 ,2005 at 11:59 SECTION 8. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. / 1 ~1-' DULY PASSED by the City Council of the City of La Porte, Texas, on the ~ day of DL! lu f ,2004. ATTEST: ~tfltt1~ t1&1I Ma ha Gillett, City Secretary APPROVED: ~ , ~ -Bm ,~ e.,d~It,y., :!l,Yor Pro Tern P~f~( E. h(,f(15 4 ".,- City of La ):>orte L~.;;;t;lbh.,'hed ]892 Memo To: Mayor Pro-Tern and City Council Debra Feazene, City Manager John Joems, Assistant City Manager 91! From: Nicholas Finan, Interim Planning Director .. Date June 4th , 2004 Re: Moratorium on Main Street area At the February 9th, 2004, meeting of City Council a resolution was approved providing for a moratorium on new construction and development related permits in the Main Street area - primarily one block north and one block south of Main Street and from SH. 146 to and including the blocks at five point (Broadway). (See attached map.) A committee was fooned of local property owners, tenants (business owners), heritage society, chamber representatives, residential owners, Main Street Association members and a Planning Commission to work with staff to present to the Planning and Zoning Commissioner and eventually City Council. The committee has had several meetings and the Planning and Zoning Commission has held a publ"tc hearing. The committee hopes to complete its portion on the process by August and host a public hearing. It is anticipated that the proposed Main street District. would be presented to City Council in OCtober. The original moratorium is for 180 days; it will expire August 71h, 2004. There is a need to extend the moratorium another 180 days or until an amendment to the zoning regulations is made to include a Main street District. Attachment Enclosed REQUEST FOR CITY COUNCIL AGENDA ITEM - 02/09/04 Agenda Date Requested: Requested By: Appropriation Source of Funds: Department: Account Number: Report: Exhibits: Resolution: X Ordinance: Amount Budgeted: Moratorium Resolution Amount Requested: Exhibits: Resolution Exhibit A Budgeted Item: YES NO Exhibits: Aerial & ZDnine Maps SUMMARY & RECOMMENDATION Recognizing a thorough review of the Main Street Development Zoning and Planning regulations bas not been conducted since 1987, a moratorium resolution for new construction in the Main Street Development District bas been developed. This resolution implements a 180-day moratorium that unless amended by Council would expire at the end of the stated time period. ",..- While prohibiting the isSuance of new zoning permits, building permits or certificates of occupancy, the resolution also allows an individual to request an exception from City Council should they feel the moratorium results in a hardship. To avoid an impact on small internal repairs, remodeling of existing buildings, etc., limited permit review authority by the Director of Planning is provided. This will enable staff to consider permits for existing businesses. Action Reauired bv Council: Review and approve the 180-day Moratorium Resolution Approved for City Council Aeenda ,- ~ 3-[j Date ",~ RESOLUTION NO. g fXJ 4-" - O~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LA PORTE, TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MAIN STREET DEVELOPMENT DISTRICT; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER ONE HUNDRED EIGHTY (180) DAYS OR DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is developed and undeveloped land in the City of La Porte, Texas, the development of which may significantly impact City services, such as water, sanitary sewer, traffic, sanitation, and fire and police protection; and WHEREAS, the City of La Porte has not conducted a thorough review of its Main Street Development Zoning and Planning regulations since 1987; and - WHEREAS, the City Council of the City of La Porte desires to avoid the adverse effects further development without appropriate zoning and planning regulations may have on the public health, safety, and welfare of the citizens of the City of La Porte; and WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse effects, to further the goals of the Comprehensive Plan update, to provide for orderly future development and growth, desires to establish a period of time in which to complete a review in regard to the Main Street District development regulations; and WHEREAS, continued refinement of development standards ensures neighborhood and business compatibility, minimizes incompatible elements between abutting land uses and contributes to a higher quality of life; and WHEREAS, the City's Comprehensive Plan Update made the following recommendations: Provide an appropriate amount of land for various densities and types of residential and commercial uses and ensure the highest quality living environment. Seek to ensure thafaCfjacenflana uses are devet<Jp-e-crc;ompatiblrarrd------ take measures to mitigate land use transitions with differing intensities. --- Redevelop areas, such as Main Street, to enhance its natural character and historic appeal. ,,- Evaluate the appropriateness of design standards that include landscaping, screening, increased lot sizes and setbacks, and other methods to minimize negative effects among different land uses. Determine appropriate residential densities for various areas within the City on the basis of accessibility, utility availability, topography, proximity to shopping areas, and other relevant factors. Update the Zoning Ordinance and Official Zoning Map to reflect identification of various areas of particular densities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. The City Council of the City of La Porte finds and determines that the premises hereof are true and correct. SECTION 2. The City Council further finds and determines that it is in the best interests of the public health, safety and general welfare of the citizens of the City to place .- a moratorium on the acceptance for filing and consideration, and the issuance of building permits and all other development and zoning permits, for all properties in the Main Street Development District in the City for a period of one hundred eighty (180) days from the date hereof, and such moratorium is hereby imposed. For purposes of this moratorium, the term "Main Street Development District", or words of similar import, shall include, but not be limited to development occurring within the area described in the document attached to this Resolution as Exhibit "A". SECTION 3. That there is hereby established a moratorium on the issuance of any-p-ermits-rorconstnrctiolTOrorreconstruclion-in-the-Main-Street-Bevelepmeflt-9istFiet--- within the City of La Porte, Texas for a period of up to one-hundred eighty (180) days from the date of passage of this Resolution. ..- 2 ,- ,,- 3 ~,- SECTION 8. The moratorium on the acceptance for filing and the issuance of building permits and all other development permits for new construction in the Main ~ ' ~ - DC; , 2004 at 11 :59 Street Development District for shall expire on p.m., Central Standard Time. SECTION 8. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of La Porte, Texas, on the q-l~ day of _fe f;(u(). (~ ,2004. APPROVED: ,- ATTEST: IlJi 6it& . f!((i/J~ ,. Mart a Gillett, City Secretary .- 4 N.T.S. a 15 u w .. g i , ~ ~ I C! ~ s t '\ ~ '" iIi i'i "I 30 31 32 33 34 35 ~ u ;;: ~ 3; i'i tJ T .. .. ~ t; u ;t l:i 19 18 17 16 15 14 ~ .. ~ ~ '" _GC R-l ~ R-2 ( MAIN STREET AREA ZONING ( I- r--: I- r--: r-..: ~ ~ ~ (/) (/) (/) (/) (/) (/) (/) (/) ..c :5 ..c ..c ..c: -0 "0 ......., ....... ...~ ....... ...... '- c (f) co 1'- to to -.;1- !-.lJ ('..J -- MAIN STREET AREA EXHIBIT "An to ORDINANCE #2004- DD DD-OD DO DtlDD DD !.l II II 101 II II I . MMN~~~ ~'DODOI " II I DD DD DD DD DO DD DD _ _ _ _ - - \V. IJA'.~T. - - - - TARGET AREA W. "B" 5T. ~ N.T.S. - - ~ ;: 10 < 10 ~ CO - - REQUEST FOR CITY COUNCIL AGENDA IT~M Requested By: S. Gillett Appropriation Agenda Date Requested: Source of Funds: GEN902 Department: Public Works Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: $1,900,000 Exhibits: Ordinance Amount Requested: $1,900,000 Exhibits: A reement Budgeted Item: Yes Cost Estimate Exhibits: SUMMARY & RECOMMENDATION Harris County Precinct 2 has indicated a willingness to work with the City on the construction of Canada Road, and contribute 50% of all eligible costs up to $1,871,822 toward the Project. Eligible costs include a four lane concrete reinforced roadway, curb and gutter, storm sewer, and related appurtenances (including traffic signal installation and modification at Fairmont Parkway and Spencer Highway). Also included in eligible costs are engineering and design fees associated with the listed improvements, as well as pipeline adjustment. Ineligible costs include sidewalks, water and sewer lines and lift station. Sidewalk construction has been estimated at $103,500, bringing the total non-utility cost to La Porte to $1,975,322. The Engineer and the city have worked to identify cost reductions to reduce this amount below $1.9M. The utility portion ofthe Project, which the County will not participate in, is estimated at $700,000. The portion of the Project is budgeted in the Utility CIP. The attached Agreement obligates the County to participate in eligible project design and construction as outlined above, with the City paying all other costs, as well as administering the Project. Action Required by Council: Consider approval of an ordinance authorizing the Mayor Pro- Tem to execute an agreement with Harris County for the construction of Canada Road. Approved for City Council Al!enda o&t- ~tu A0k~ Debra Feazelle, City ivlanager 1-h -61 Date ORDINANCE NO. 2004 -J '7c)~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY TO JOINTLY CONSTRUCT CANADA ROAD, FROM SPENCER HIGHWAY TO FAIRMONT PARKWAY, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING 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 hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor Pro-Tern 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 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 ~day of \JutV I CITY OF LA PORTE B~ - - y f~'M Mayor Pro-Tern , 2004. ATTEST: \---17/d(u,o!Ittl/ Mareha A~ Gillett City Secretary 4 APPROVED: / t2~~tJ a~ Knox W. Askins City Attorney 2 G. 6rXf__._ HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT ENGINEERING DIVISION' -- 1001 Preston A venue Seventh Floor Houston, Texas 77002 (713) 755-5370 Honorable County Judge & cbmmissioners' Court Building 20 July 2004 Vote of the Court: Yes No Abstain la Attention: Commissioner Sylvia R. Garcia Comm, RAdack C9mm. Eversole SUBJECT: Recommendation that the County Judge be Authorized to Execute an Agreement between Harris County and the City of La Porte in Connection with the Construction of Canada Road from Spencer Highway to Fairmont Parkway in Precinct 2 Dear Court Members: Transmitted are duplicate originals of an Agreement to be entered into by Harris County and the City of La Porte on the road project referenced above. The - Agreement has been approved as to form by the County Attorney's Office and has been executed by the City of La Porte. In general the terms of the Agreement are as follows: 1. City of La Porte shall manage the project. 2. City of La Porte shall fund 50% of the project cost up to a maximum of $1,871,822 plus 100% of the cost of water, sewer and sidewalks up to a maximum of $893,431 for a total of $2,765,253. 3. Harris County shall fund 50% of the project cost (excluding water, sewer and sidewalks) up to a maximum of $1,871,822. It is requested that the County Judge be authorized to execute the Agreement on behalf of Harris County and that the County Clerk return both originals to this office for further handling. Sincerely, ~~ v DIrector ~. U JF/RLC/dh Attachments cc: Commissioner Sylvia R. Garcia Roel Garcia Barbara J. Schott Arthur L. Storey, Jr. Deborah M. Vaughn Robert L. Castille, ~ Jack Rodriguez Sheryl Herbert Janie Cuevas Presented to Commissioner' Cou Agenda File S rt Central File JUL 2 7 2004 APPROVE c..-:-/ E- Recorded VoI_ Page ':0. Q ,-,.--j'- j :\admnsvc\dholliday\word\court\7 -2 7 -04-canada road. doc ~~ ~) &~. It r'-i,l~ LaPorteCanadaRoad5-28-04a AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement is made and entered into by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter called "County," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City"; RECITALS: 1. It is to the mutual benefit of County and City to construct Canada Road (County Road Log Nos. 0225701 and 0225702), a street within the corporate limits of the City, from Spencer Highway to Fairmont Parkway as a four lane reinforced concrete roadway, with curb and gutter, storm sewer, and related appurtenances, hereinafter called the "Project." 2. The Project will include construction, relocations and/or improvements involving sidewalks and water and sewer utilities, hereinafter sometimes called the "City Improvements." That part of the Project other than the City Improvements shall sometimes be called the "Road." 3. The County is willing to contribute up to $1,871,822 toward 50% of all costs of the Road, provided that City will contribute 50% of all costs of the Road up to $1,871,822 and 100% of the costs of the City Improvements, up to $893,431, and administer the design and construction of the Project. All costs attributable to the cost of the Road, including costs of right-of-way, engineering, construction and construction support services will sometimes be called the "Road Costs." All costs attributable to the cost of the City Improvements, including costs of additional right-of-way, engineering, construction and construction support services will sometimes be called the "City Improvement Costs." 4. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS: 1. Within ninety (90) days after execution of this Agreement, the City shall endeavor to prepare, or cause to be prepared, drawings and specifications for the Project copies of same to the County for written approval by the County Engineer, or his designee. 2. The City shall undertake to acquire all right-of-way necessary for the Project by purchase, gift, donation or exercise of the power of eminent domain. 3. Within sixty (60) days of acquisition by the City of all right-of-way or entry rights necessary for the Project and approval of drawings and specifications for the Project in accordance with Section 1, the City will advertise for and receive bids for the construction of the Project in LaPorteCanadaRoad5-28-04a accordance with the approved drawings and specifications in the manner similar to that of other like City projects. 4. Upon receipt and tabulation of the bids for the Project, City will determine the lowest responsible bidder for the construction of the Project. The City shall then estimate the projected Road Costs and the City Improvement Costs. In the event the estimated Road Costs are equal to or less than the sum of $3,743,644 and the City Improvements Costs are equal to or less than the sum of 893,431, the City shall notify the County of the estimated Road Costs. The County will transmit to the City within thirty (30) days of such notification, its check made payable to the City in an amount equal to the lesser of (a) 50% ofthe estimated Road Costs or (b) $1,871,822. 5. In the event the estimated Road Costs are equal to or greater than the sum of $3,743,644 or the City Improvements Costs are equal to or greater than the sum of 893,431, City shall have the following options: a. City may elect to attempt to pay the additional costs of the Project. In such case, the City shall notify the County of the City's estimates of the Road Costs. The County will transmit to the City within thirty (30) days of such notification, its check made payable to the City in an amount equal to the lesser of (a) 50% of the estimated Road Costs or (b) $1,871,822. b. City may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below. c. City may reject all bids and re-advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions. d. Attempt to negotiate an amendment to this Agreement to provide for payment of the additional costs, and if such an amendment is obtained, proceed under its terms. If the parties fail to agree to an amendment to this Agreement, then and in that event the City may proceed under one of the other three options. 7. Within thirty (30) days after the receipt of funds from the County pursuant to Section 5 or 6 above, the City shall award the contract to the responsible bidder who submits the lowest and best bid, in accordance with the usual and customary procedures of the City. It is expressly agreed and understood that the City reserves the right to reject all bids. In such event, the City, in its discretion, may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The City's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 8. The City shall be responsible for administering the construction contract. During the construction of the Project, the County shall have the right of access to the construction site and shall have the right to review all documents, maps, plats, records, photographs, reports or drawings affecting said construction, provided, however, each shall give notice by telephone to the City prior LaPorteCanadaRoad5-28-04a to any inspection of either the site or documents and provided further that in conducting said inspections, County shall not interfere with the work in progress 9. PaYments by the County to City hereunder shall not be used by the City for any purpose other than paying Road Costs. Each cost or expense included within City Improvements Costs shall be paid entirely from funds paid by the City. 10. The City shall cause the funds paid by the County to City hereunder that are not needed to meet obligations due or contemplated to be due within sixty (60) days, to be invested in the same manner as similar funds are invested by the City in federal obligations or interest-bearing time deposits. The determination by City of the portion of said funds needed to meet such obligations shall be conclusive. Upon completion of construction of the Project, the City shall perform or cause to be performed, a final accounting. If the amounts paid by the County to the City hereunder, including interest earnings thereon, exceeds an amount equal to the lesser of (a) 50% of the estimated Road Costs or (b) $1,871,822, the City shall promptly pay over the amount of such excess to the County. If the amounts paid by the County to the City hereunder, including interest earnings thereon, are less than lesser of (a) 50% of the estimated Road Costs or (b) $1,871,822, the County shall promptly pay over the amount of such deficiency to the City. 11. The City acknowledges and agrees that the County's sole obligation under this Agreement during the construction of the Project is to contribute funding for the costs of the Project to the extent stated in this Agreement, and the County has not assumed any responsibility for the actual construction of the Project or the performance of the work other than the contribution of funds as provided herein. The County shall not be responsible for the maintenance or condition of the Project facilities during construction of the Project or thereafter. 12. The City may make such changes and amendments to the drawings and specifications within the general scope of the approved Project as the City deems necessary or desirable during construction of the Project. 13. Either the County or the City may terminate this Agreement, without cause, at any time prior to the letting of the Contract for construction of the Project, by written notice to the other party. After termination, neither party shall have any further obligations hereunder, except as follows: City shall return to the County any funds which the County has paid to the City hereunder less 50% of the Road Costs incurred prior to such termination, together with the interest earned on such funds; or, if the County has not yet paid any funds to the City hereunder, the City shall notify the County of the amount of Road Costs incurred prior to such termination, and the County shall deliver its check to the City in an amount equal to 50% of such incurred Road Costs within thirty days after notice of same. 14. Unless this Agreement is amended and additional funds are thereby made available, it is expressly understood and agreed that the City has available the maximum sum of $2,765,253 to satisfy its obligations under this Agreement; and that the County has available the maximum sum of $1,871,822 to satisfy its obligations under this Agreement; and neither party hereto shall be obligated to expend more than the said maximum sum available to the party. LaPorteCanadaRoad5-28-04a 15. The County and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to City's performance under this Agreement during the period of performance of this agreement and for three (3) years thereafter or for so long as there exists any dispute or litigation arising from this agreement. 16. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. 17. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed hereinbelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: CITY City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 County: Harris County Harris County Administration Building 1001 Preston, th Floor Houston, Texas 77002 Attn.: County Engineer 18. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, approved by the governing bodies and signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit: JUL 2 7 200~ a. It has on the _ day of , 2004, been executed on behalf of the County by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County authorizing such execution. b. It has on the Jd,,-YP day of ,-0 , 2004, been executed on behalf of the City by the Mayor and attested by its City Secretary, .. LaPorteCanadaRoad5-28-04a pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE STAFFORD County Attorney ~ By>>~ ~ U DON C. WHITLEY / Assistant County Attorney ATTEST CITY OF LA PORTE BY ~ afjjtt~ {:A:UIIi City Secretary ~~ B ~ c_ aYOr~em APPROVED J'l C~. /J lCIf'/c?-?v ~ BY r 1 [){f/v'I/ Ie! KNOX W. ASKINS City Attorney LaPorteCanadaRoad5-28-04a AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $1,871,822 to accomplish and pay the obligations of Harris County herein. Barbara ,J, SQhQtt, .cFA ~~~rl~ A~dl r _ _ B bara Schot~, County ~ud or LaPorteCanadaRoad5-28-04a THE STATE OF TEXAS g COUNTY OF HARRIS g and the following members absent, to-wit: a quorum, when among other business, the following was transacted: County Judge Commissioner, Precinct No. 1 CUlI1ul~55ioU\;:;t, Pll;;Ginct No. 2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 ~' , constituting ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE, FOR JOINT FUNDING OF THE CONSTRUCTION OF CANADA ROAD FROM SPENCER HIGHWAY TO FAIRMONTPARKWAY Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Vote of the Court: Judge Eckels Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Judge EckelI'; Comm. lee C ' I ammo Radac!'; b:tl Cnmm c~,.,,,, l' r-L . . I.. ,. '.,C ,.,0 (, i:::'::1 The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law-fully adopted. The order thus adopted follows: IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris County, an Agreement by and between Harris County and the City of La Porte, for joint funding of the construction of Canada Road from Spencer Highway to Fairmont Parkway as a four-lane reinforced concrete roadway, with curb and gutter, storm sewer, and all necessary appurtenances, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commls8loners Court JUL 21 2004 APPROVE Recorded VoI_ Page COST ESTIMATE FOR CONSTRUCTION OF CANADA ROAD Exhibit A Cost $ 1,380,960.00 $ 756,350.00 $ 103,500.00 $ 125,000.00 $ 65,000.00 $ 2,430,810.00 $ 243,081.00 $ 2,673,891.00 Joint Venture 50% Eligible Items Harris County City of La Porte $ 690,480.00 $ 690,480.00 $ 378,175.00 $ 378,175.00 $ $ 103,500.00 $ 62,500.00 $ 62,500.00 $ 32,500.00 $ 32,500.00 $ 1,163,655.00 $ 1,267,155.00 $ 116,365.00 $ 126,716.00 $ 1,280,020.00 $ 1,393,871.00 $ 192,295.00 $ 96,147.50 $ 96,147.50 $ 46,375.00 $ 23,187.50 $ 23,187.50 $ 43,395.00 $ $ 43,395.00 $ 26,305.00 $ 13,152.50 $ 13,152.50 $ 2,275.00 $ 1,137.50 $ 1,137.50 $ 11,575.00 $ $ 11,575.00 $ 83,360.00 $ 41,680.00 $ 41,680.00 $ 16,640.00 $ $ 16,640.00 $ 42,680.00 $ 21,340.00 $ 21,340.00 $ 7,320.00 $ $ 7,320.00 $ 472,220.00 $ 196,645.00 $ 275,575.00 1 Represents 65.58% of Estimated Cost 2 Represents 50% of Estimated Cost 3 Represents 85.36% of Estimated Inspection Cost ($100.000) 4 Represents 85.36% of Estimated Testing Costs CITY OF LA PORTE PUBLIC WORKS DEPARTMENT Memo To: Debra Feazelle, City Manager From:Steve Gillett, Director of Public Works CC: John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager Date: 7/7/2004 Re: Pipeline Ordinance Fees At the June 28, 2004 Council meeting, several questions were asked regarding the administration of the proposed Pipeline Ordinance, the annual billing schedule and the relationship of the proposed fees to the actual cost of administration. These issues are addressed as follows. . Bills for the annual fee are invoiced on the anniversary date of the permit. The proposed ordinance will change the due date to July 1 of each year. . Currently, 60 permits are billed annually. · Cost to process new permits are estimated at $306.60, which includes 7.5 man-hours for Planning Department, 27% for benefits and 15% overhead for clerical, copies, etc. . Cost to process new permits by finance is incidental to the above. . Cost to renew and/or transfer permits by Planning is estimated at $54.40, including 1.5 man-hours, 27% for benefits and 15% overhead for clerical, copies, etc. . Cost to process renewals and/or transfer permits by finance is incidental to the above. . Page 1 PIPELINE PERMITTING PROCESS Permit application forms obtained from Planning Department. c:::) Permit application and required documentation with application fee submitted to Planning Director. Planning reviews submission for completeness and compliance with the ordinance. c:::) Planning verifies and marks existing and proposed public infrastructure and improvements. c:::) D D Planning forwards application fee to Finance. Departments provide comments to planning within 10 davs. Planning provides application to other Departments for review and comment. <:==J J} City Council considers permit. If approved, Director signs permit (2 originals). Planning confirms application is complete, and schedules for city council meeting. Planning contacts Applicant for changes and/or additional information <:==J Applicant furnishes Planning approvals from other agencies, as needed. <:==J <:==J J} Finance establishes file for future billing and updates. Finance bills annual fee and solicits update as needed. c:::) c:::) I original to City Secretary. I copy to Finance, 1 copy retained in Planning Copy of permit and plans held until construction begins. c:::) Planning Representative makes periodic inspections. c:::) I original to Construction Copy of Permit EMC updates applicant. Applicant Permit completed. and vicinity pipeline Applicant provides 48 posted at Planning files map provided database and submits c:::) hour notice c:::) all public c:::) plans, Permit to Emergency c:::) provides copy required to Planning ROW and field notes c:::) Management to Fire Dept., insurance (except in crossings. and updates Coordinator PD Dispatch certificate. emergency). mapping (EMC) for and EOC. program. cataloging. Finance Dept. invoices applicant based on prevIOUS records PIPELINE UPDATE/TRANSFER PROCESS c) Applicant provides any updated information and the annual renewal fee per pipeline to Planning Director. (Sec. 102-239) D- Annual/Transfer fee forwarded to Finance. Update/transfer sent to City Secretary for filing with original permit. < q Copy of pipeline permit update/transfer sent to Emergency Management Coordinator for cataloging :> Applicant may transfer permits after prior written notice and a signed agreement is submitted to the Planning Director with transfer fee. (Sec. 102-238,239) Planning Department updates pipeline permit file and updates mapping program. Emergency Management Coordinator updates catalogue of pipeline information and provides copy to Police Dispatch, Fire Department and E.O.C. ORDINANCE NO. 2004 - 8/J55" AN ORDINANCE AMENDING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, PIPELINE TRANSPORTATION SECTIONS 102-231 THROUGH 102-265, INCLUSIVE, BY REPEALING CURRENT SECTIONS 102-231 THROUGH 102-265 AND REPLACING THEM WITH THE FOLLOWING; AND FURTHER AMENDING APPENDIX A - FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SECTIONS 102- 264 BY REPEALING THE FEES ESTABLISHED HEREIN AND REPLACING THEM WITH THE FOLLOWING; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER DAY; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; 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 CODE OF ORDINANCES OF THE CITY OF LA PORTE IS HEREBY AMENDED, BY ADDING NEW SECTIONS 102-231 TO 102-247, INCLUSIVE, TO CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT: ARTICLE IV. PIPELINE TRANSPORTATION Sec. 102-231. Declaration of Policy The City Council declares that the policy of the City in the manner of granting to any person the privilege to construct, operate and maintain any pipe or pipeline wi thin the jurisdiction of the City for the purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall be stated in this article. The provision of this article shall be administered by the Director of Planning or his designee. Sec. 102-232. Definition of Terms All terms used herein shall be taken in their ordinary signification except the following: 1 (a) "City" shall mean the City of La incorporated and as hereafter expanded by or consolidation. Porte now annexation (b) "Commodity" shall mean any liquid or gaseous substance or other product capable of being transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to human, animal or plant health and/or life. (c) "Director" shall mean the Director of Planning or his designee. (d) "Operational Boundary" shall mean the prime property and location of the offices and operational facilities of a person within the City. The term is not intended to extend to rights-of-way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart from such primary property, offices and operational facilities. (e) "Permittee" shall mean permit is issued under ordinance. the the person to provisions whom a of this (f) "Person" shall mean an partnership, association however organized. individual, corporation, or any other entity, (g) "Pipeline" shall mean any pipeline or part thereof, including pipe, valves and any appurtenances thereto, which is used for the transportation of a commodity into, across, under or over the City. "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline crossing the operational boundary of any industry operating, in whole or part, in the City. "Pipeline" shall not include any pipeline, pipe, valve or appurtenance when located entirely on, within or under a person's operational boundary. (h) "Relocation" shall mean the vertical movement of a pipeline. horizontal or (i) "Reposition" pipeline when shall mean such movement the movement of a is necessary for the 2 public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. Sec. 102-233. Exemption This Article shall not extend to: (a) any person now or hereafter providing natural gas service for residential and business use only within the City pursuant to a franchise from the City as a gas distribution utility; (b) raw or potable water pipelines, appurtenances; or valves and (c) city, county or state agencies for storm drainage or sanitary sewer service pipelines , valves and appurtenances, except industrial wastes transported by pipeline to treatment facilities outside the corporate city limits. Sec. 102-234. Permit Required No person shall commence the construction, relocation or reposition of a pipeline within the City without a permit being obtained from the City for such pipeline under the terms of this Chapter. Sec. 102-235. Application for Permit A person desiring a permit shall submit a written application to the Director and concurrently therewith shall pay a non-refundable fee to the City. The application form, which can be obtained from the Director, shall be submitted to the Director, in duplicate, with the following information contained thereon: (a) The name, business address and telephone number of the pipeline owner and operator; (b) The names, titles and telephone numbers of the following persons: 1. The person submitting the information; 3 2. The principal contact information; and for submittal of 3 . The 24-hour emergency contact alternate 24-hour contact), who (and an i. Can initiate appropriate actions to respond to a pipeline emergency; ii. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and iii. Can furnish the common name of the material then being carried by the pipeline. (c) The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced, repositioned or repaired. (d) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity (s) shall be included with the submittal if the owner or operator is required by federal or state law to have material safety data sheets available; (e) The maximum allowable operating pressure on the pipeline as determined according to the u.s. Department of Transportation and state Railroad Commission procedures or the maximum design strength for unregulated pipelines, if applicable; (f) The normal operating pressure pipeline; range of the (g) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable; 4 (h) Engineering plans, drawings, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves wi thin the corporate limi ts and ETJ of the City. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled wi thin five (5) feet; (i) A summary description of the manner, means and methods of construction, including but not following: time, location, the proposed limi ted to the 1. Detailed cross section/profile drawings for all public way crossings if requested by the Director; 2. A plan accurately showing the location, course and alignment of the proposed pipeline, including valve locations (existing and proposed), and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using United States Geological Survey (USGS) maps. (j) A statement that the pipeline will comply with the applicable standards required by this Article as well as all applicable federal, state and local laws and regulations; and (k) A statement that the Permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the Permittee's sole expense, when the City reasonably requires such action incidental to 5 public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storrr sewers, ditches and public utili ties. The City shall give the Permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the Permittee as designated in the application. The Permittee shall have six (6) months to complete such repositioning. (1) A statement that the Permittee shall notify the Director at least forty eight (48) hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the Permittee shall notify the City Police Department dispatcher as soon as practical but no later than one (1) hour after commencing repairs or maintenance. The Director expressly reserves the right to require the submission of additional information if the Director reasonably deems the information necessary to meet the requirements of this Article. Such supplemental information shall be submitted by the Permittee to the Director within ten (10) days, excluding weekends and City holidays, of the Permittee's receipt of the Director's written request. While awaiting the requested information, the period in which the City must process the application shall be suspended. Sec. 102-236. City Council Consideration (a) Within sixty (60) days from the date on which the official application is received at the official address for the Director, the Director shall advise the applicant whether, based on the Director's professional judgment, the contemplated construction, relocation, replacement or reposition is in compliance with this Article. If the Director does not deem the contemplated construction to be in compliance with this Article, the Director shall notify the applicant, in writing, of any deficiencies found. 6 (b) After the notice described in subsection (a) of this section is given to the applicant, the Director, based upon the assessment of the Director and other city personnel, shall report to the City Council upon his examination of such application and plans, including such changes in the plans as the applicant may have made upon his suggestion, with his recommendation as to the granting or denying of the permit application, based upon compliance or noncompliance with this Article, a t the next regularly scheduled City Council meeting for which adequate notice may be given. The Director shall in such report and recommendation state whether the proposed course or alignment of the pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas, location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches and public utilities incident to such probable future development. (c) After the report the City Council, approval or denial and recommendation is the City Council shall of the permit. made to consider Sec. 102-237. Permits Upon approval, permits shall be executed in duplicate originals by the Director. One duplicate original shall be delivered to the Permittee and the other shall be retained by the City. A copy of the permit shall be conspicuously displayed at each point where the pipeline construction, relocation or repositioning intersects any public street, right-of-way, easement or public property within the corporate limits of the city. Sec. 102-238. Permit Transference Permits may be transferred after prior written notice to the Director, on a form provided by the Director, which notice shall set forth the full name and address of the transferee, the full name and address of the transferee's registered agent or owner (if an 7 unincorporated entity) and an agreement that the transferee shall be bound by all provisions of the application and permit as originally acted upon and granted by the City. The transfer application shall be signed by an authorized officer, owner or representative of both the transferor and transferee and shall be accompanied by a non-refundable transfer fee. Sec. 102-239. Permit Fees (a) Every permit requested under the terms and condi tions of this Article, with the exception of those permits necessitated due to a repositioning of a pipeline at the request or required by the City or another Governmental entity, shall provide for the payment by the applicant to the City of a non- refundable application fee of one thousand dollars ($1,000) per pipeline. (b) Every permit granted under the terms and condi tions of this Article shall provide for the payment of an annual fee thereafter in the amount of eight hundred dollars ($800) per pipeline per year, payable annually in advance on or before July 1 of each year. (c) Every permit transfer shall be accompanied by a non-refundable transfer fee of three hundred dollars ($300) . Sec. 102-240. Permit Expiration (a) If construction, relocation or reposition of the pipeline does not commence within one (1) year from the date of the permit, the permit shall be void unless the Permittee makes written application for an extension. The City Council may grant an extension for one (1) additional year only. (b) Pipelines abandoned after the date of this ordinance shall have their permit voided and shall not thereafter be subject to the terms of this Article except as follows: 1. The owner Director, or in operator writing, shall report to the abandonment the of a 8 pipeline that has been permitted in accordance with this Article. 2. All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of gas, hazardous liquids and chemicals and shall be capped or sealed at each end within the City limits. Sec. 102-241. Construction Requirements All pipelines shall be constructed in accordance with the following guidelines: (a) All pipelines shall be constructed with the latest applicable minimum applicable, established by the department of Transportation, Commission, or any other entity authority over pipeline safety matters. in accordance standards, if Uni ted States Texas Railroad having regulatory and construction (b) All pipelines shall be buried to depths, as follows: specified 1. Pipelines which run under or within twenty (20) feet of any street or streets and/or any proposed street which has been designated on the Master Plan for the City or the official Ci ty Map of the City, shall be buried to a depth of at least six (6) feet measured between the top of the pipeline and the natural surface of the ground. 2. Pipelines which run under any ditch and/or drainage area or structure shall be buried to a depth of at least five (5) feet measured between the top of the pipeline and the ultimate channel or structure depth. Permittee is responsible for determining the ultimate depths from the appropriate agency and reporting said information with permit application. 3. Pipelines for areas not mentioned in 1. or 2. above shall be buried to a minimum depth of 9 four (4) feet measured between the top of the pipeline and the natural surface of the ground. Provided further, if at any particular point or points the Director determines that a greater or lesser depth be required, such permit shall not be granted except upon agreement by the Permittee to comply with such depth requirement. (c) All pipelines shall cross public streets, public properties and public rights-of-way as closely as possible to a right (900) angle. (d) All public streets, roads at the time of construction bored under and shall not be constructing, relocating pipeline. and ways in existence of a pipeline shall be cut for the purpose of or repositioning a (e) All pipeline related excavations in any public right-of-way shall be backfilled in a manner satisfactory to the City; and if after once refilling such excavation the earth within the excavated area settles so as to leave a depression, the Permittee shall be required to make further necessary fills as ordered by the City. All areas shall be graded and maintained so as to provide drainage of the area. (f) The Permittee shall be required to repair all portions of any street across or along and under which pipelines are laid and place the same in as good a state of repair and condition as they were at the time the construction, repair or removal was commenced, such repairs to be to the satisfaction of the City. (g) Upon completion of the pipeline, the Permittee shall provide the Director with three (3) as-built (or recordl drawings of the pipeline, showing the route, distances and shut-off valve locations. These drawings shall be submitted in digital format acceptable to the city. Sec. 102-242. Pipeline Location 10 (a) Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of locating new pipelines in established corridors in the City shall be considered from the perspective of the pipeline owner or operator, taking into consideration the following: 1. The availability and cost of corridor space; 2. The availability and cost of right-of-way to and from the corridor; 3. Technical, environmental, safety, efficiency and cost issues related to building, operating and maintaining both the portion of the pipeline that would be located in the corridor and the lengths of pipeline required to gain access to and from routing through a corridor; 4. Any delays in right-of-way pipeline construction that routing through a corridor; acquisi tion or may result from 5. The availability of an alternative right-of-way to the owner or operator; and 6. All other matters that a prudent or operator would consider in route for a new pipeline. pipeline owner selecting the Provided that the owner or operator has considered in good faith the use of existing corridors wi thin the City, the determination of the owner or operator as to the feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator. (b) When it is not feasible for a new pipeline to be located wi thin an existing corridor, the pipeline should, to the extent practical: 1. Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land between public ways, except if following: 11 1. manmade or topographical features is in the public interest; ii. boundary lines or is impractical circumstances; existing easements under the iii. boundary lines or existing easements poses safety concerns; or iv. boundary lines or existing easements would not be feasible. 2. Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the Director; and 3. Avoid conflict with existing or planned urban developments as well as the location of planned future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and ditches incident to such future development. Sec. 102-243. Liability A condition of granting any permit shall require the Permittee to save the City harmless from liability for injury or damage to any person or person's property caused by the construction, relocation, repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any public right-of-way or easement; and shall require the Permittee to pay to the Ci ty all damages caused to the City by construction relocation, repositioning, maintenance, operation, repair or removal of such pipeline or any part thereof. (a) Except in an emergency, the Permittee shall notify the Director forty eight (48) hours before commencing at any time excavation in any portion of any said unpaved or unimproved street, and not wholly close any street, but shall at all times maintain a route of travel along and wi thin such 12 roadway area, to the extent such travel was allowed prior to the excavation. (b) In the event of an emergency, it being evident that immediate action is necessary for the protection of the public and to minimize property damage and loss of investment, Permittee may, at its own responsibility and risk make necessary emergency repairs, notifying the City Police Dispatch of this action as soon as practical, but not later than one (1) hour after commencing repairs or maintenance. Sec. 102-244. Insurance and Bonding Requirements (a) Under this Article, a Permittee must furnish, prior to any construction, repair, adjustment, relocation, reposition or replacement, and shall further maintain at all times during the life of the Permit, commercial general liability insurance for bodily injury and property damage, including explosion, collapse and underground hazard, coverage in the minimum combined single limit amount of $1,000,000 as it pertains to all pipelines or other facilities owned by the Permittee in the public way in the jurisdiction. Such policy shall name the City, its officers, agents and employees as additional insureds. (b) A certificate of insurance specifying the coverage required in subsection (b) of this section with an insurance company having acceptable insurance rating shall be furnished to the Director prior to the issuance of any permit. Such certificates of insurance shall provide that at least 30 days prior written notice for the termination or modification of the required insurance shall be given to the City. (c) In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which demonstrates the applicant's qualifications as a self-insurer. Such evidence may take the form of the most recent corporate financial report which is acceptable to the City Council as giving assurance of 13 the applicant's financial ability to comply with the requirements of this section. Sec. 102-245. Pipeline Permit Updates It shall provide, following be the responsibility in writing, updated aspects of each permit: of the Permittee information on to the (a) Name and mailing address of the pipeline owner. (b) Name and telephone number of two (2) officers or persons available on a twenty four (24) hour basis who can furnish or obtain immediately, information as to the pressure at the point or points of input nearest to the City and the common name of the commodity carried by the pipeline. (c) A description of the commodity(s) being transported through the pipeline. A copy of the material Safety data sheets for the commodity (s) shall be included with the update if the owner or operator is required by federal or state law to have material safety data sheets available. This information upda te or upon ownership. will be provided transference or with any the annual change in Sec. 102-246. Pipeline Signs Every pipeline, new or existing, within the corporate limits of the City shall bear at all times, in plain, indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in the pipeline right-of-way where said pipeline rights-of-way cross public streets, public properties or public rights-of- way. Sec. 102-247. Penalties Any violation of any section, subsection or part of this ordinance shall be deemed a misdemeanor and such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor; and upon final conviction, every person, firm, association, 14 corporation or partnership guilty of such violation shall be fined in a sum not more than two thousand dollars ($2,000) per each day of violation. SECTION 2. If any provision, section, subsection, paragraph, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected hereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 3. 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 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 subj ect 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. SECTON 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED AND APPROVED, this 12th day of July, 2004. 15 ATTEST: ",177 atlia 4 r4ti/ Martha A. Gillett City Secretary APPROVED: ~()/~ CITY OF LA PORTE BY~ Mayor Pro-Tern ~ ~7_~ I a J J ;-1, c,. ry u~ . Knox W. Askins City Attorney 16 fjJe-f-t'/ t".(7. .. I .~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Julv 12. 2004 Appropriation Requested By: Alfred Ownes Source of Funds: Technology Fund Department: MIS Account Number: 23-6066-519-50-07 Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: $34,000 Exhibits: Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION In the past, City staff has utilized RJ Solutions to provide a management review and audit of our Information Technology Department. This audit provided our staff with constructive recommendations that saved the City both time and money. In an effort to continue to provide our City with the best information technology support, we are requesting that we enter into the proposed contract with RJ Solutions to provide us with additional assistance in management and operational support. This support includes, but will not be limited to, network restructure, staff training and evaluation, migration solutions, virtual storage, and the negotiation of a City Interlocal Agreement. RJ Solutions will restructure the existing network to handle the issues address in the feasibility study, specifically eliminating the networks single point of failure. This will include assisting with implementation and integration newly purchased hardware along with existing equipment. RJS Solutions will structure the network to support the existing software, and hardware along with the new hardware and operating systems. This agreement will effectively alleviate the current single point of failure and allow us to move forward with future technological advances. Staff Recommendation: Staff recommends that a contract be awarded to RJ Solutions for IT management and operational support. Action Reauired bv Council: Approve contract with RJ Solutions for IT management and operational support. Approved for City Council A2enda c& /} -& -0 { Date ORDINANCE NO. 04- !)J151 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND RJS SOLUTIONS FOR PROVIDING SERVICES FOR NETWORKS RESTRUCTURE AND IT MANAGEMENT SERVICES; APPROPRIATING $34,000.00 TO FUND SAID CONTRACT; 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 afflX the seal of the City to all such documents. City Council appropriates the sum of $34,000.00 from Technology Fund 023 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 ORDINANCE NO. 04-:J 1,5 r I 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 July 11th, 2004. BY:~ - y, . '('/ (. <q rl~(iJ~) Mayor- Pro Tern ATTEST: cmatt/#- Akl( Martha Gillett, City Secretary APPROVED: iA?>C fA!.1U-;, iy ~7. ~, Knox W. AskIns, drT/t. e.:/-h-, . ~. City Attorney-l City of La Porte, Texas Proposal Network Re-structure And IT Management Services { EMBED MSPhotoEd.3 } IDENTIFICATION SECTION This proposal has been prepared by RJ Solutions for the consideration of additional Information Technology (IT) Services for the City of La Porte, Texas. COMPANY OVERVIEW RJ Solutions, a Data Management and Infrastructure Company, is located in Richardson, Texas. We are focused on helping local governments and commercial enterprises develop, design and/or deliver comprehensive technology solutions and training to exceed customer expectations. SCOPE The purpose of this proposal is to provide assistance to the City of La Port's IT Department in the areas of IT Management and Leadership. RJ Solutions will provide assigned personnel (Mr. James Phillips) to provide ongoing management assistance up to 24 hours per week on an as needed basis. RJ Solutions and its support team can also provide, off-site (phone) Networking technical support up to 4 hours per week, non-rolling. Mr. Phillips will work with the City to accomplish the following; . Recommend candidates and assist in the selection of an IT Manager for the City of La Porte. . Select an IT Manager. . Implement and Contract out a training program to increase the Staff Knowledge and use of Microsoft Office and HTE Features. . Develop a program to assist in Knowledge Transfer. . Develop and implement a program to assist in Maximizing Staff Time and Effort. . Develop and Implement Business Base Decision Matrix for IT Acquisitions. . Develop technology acquisition strategies for the future. . Restructure the current PC Replacement Program. . Continue to create a positive attitude towards the IT Department. . Improve IT communications and interaction with other departments. . Initiate strategic plan to implement and integrate appropriate technology. . Create consistent Business Value Acquisition of Technology. . Support of Existing Technologies. . Develop a sound infrastructure with ease of support and management. . Eliminate Networks single point of failure. . Consistency in moving from the Discovery stage to the Delivery Stage . Mentor existing Staff 214-883-3818 Main Richardson TX 75085 972-437-0739 Fax { EMBED MSPhotoEd.3 } RJ Solutions will re-structure the existing network utilizing current and recently purchased equipment (Servers). Equipment and licenses to be provided by the City. . Standardize the network in afashion where all IT Department staffis valuable to the operations and support of the Network but no single Technician is indispensable. . Establish Hubs at remote locations so that maximum utilization can result in the transporting of data from point A to Point B. . Work with the city staff to consolidate Servers into one central location for ease of maintenance, support and cross training. . Establish and create Applications Server (Partitioned) in order to run multiple applications thus reducing the number of Servers, making Server easier to maintain and support. . Install new Servers and migrate all Servers to utilize the Window 2003 operating systems. . Establish all the components in the Network and new Servers to support Win2003. . Provide a solution as part of the restructure to remove the single point of failure for the Network. . Establish a file sharing methodology for city staff. . Work to reduce and or eliminate the remote backups for the five remote locations. . Establish a Backup Strategy that will be easy to support by any member of the IT Department . Establish Directory Services that support the current operating system and the operating systems on the new Servers · Work with the Staff to review and establish an IT security program at the Network level. CONTRACTOR MANAGEMENT QUALIFICATIONS Weare committed to delivering quality services and will manage the process to maximize the advantages to your city. Listed are some of the areas in which Mr. Phillips has experience and expertise: · Created and integrated solutions for AT&T Global Solutions. · Implemented a number ofIT projects for a well known financial organization with assets in excess of$120. Billion Dollars. · Created and implemented a number of Strategic Marketing Plans. · Managed integrated teams of up to 32 technical professionals and managers, in addition to contractors and support staff. · Managed Marketing teams up to a dozen staff members. · Designed and implement Software Spectrum's initial entry into Electronic Commerce. · Negotiated a number of supplier agreements with firms in the BI, ETL and DB Industry. 214-883-3818 Main Richardson TX 75085 972-437-0739 Fax { EMBED MSPhotoEd.3 } · Managed an IT team who designed and implemented IT infrastructure, data models and customized applications for NCR Corporations Banking Division. · Managed up to 15 Mortgage Banking Professionals. · Managed Accounting staffup to nine staff members. · Developed Data Utilization and Optimization Techniques for Management Firm. · Created and implemented various budget and operational programs. · Managed a multi-million dollar Operational Budget for NCR Corporation, Data Services Division. · Managed and implemented a million dollar multifaceted Oracle Projects. · Developed and implemented Technology Integration Services Networking Practice model. · Developed and implemented various IT Training Programs · Received AT&T's "Great Consulting Performance Award" for services rendered. · Received NCR Corporation's" National Customer Delight Award" for services performed. · All Projects managed were completed ahead of schedule and within budget. APPROACH (City of La Porte) Mr. Phillips (via RJ Solutions LLC) a senior member of the team will be on-site, the specified number of days mentioned in the "scope". Mr. Phillips will act as advisor and mentor to existing City of La Porte IT staff and provide leadership for the IT Department. All Equipment (servers, routers and O/S license) to be provide by the City. CONTRACT TERMS AND COST RJ Solutions will handle the Network Re-structure for the City of La Porte for a fixed fee of $34,000. Mr. Phillips will be available to the City of La Porte as describe in the section labeled 'Scope" for an all-inclusive hourly fee for a period up to 14 weeks. This fee applies only to the IT Management Labor. Mr. Phillips can be contracted through RJ Solutions or contracted direct as contract labor under a 1099 with no benefits. DELlVERABLES Completion of each task is defined as delivery of, and successful completion of, the specific services that comply with the requirements and specifications stated within the proposal as agreed upon by the City of La Porte and Mr. Phillips. SCHEDULE The period of performance for this proposed contract will start within five days of award. Deliverables and will be due as agreed upon by and between the City and Contractor. 214-883-3818 Main Richardson TX 75085 972-437-0739 Fax Jul 23 04 01:54p cit~ of Is porte ( EMBED MSPhotoEd.3 ) D.~ - f3(61 ~ e ' .' ---- Jam s Phillips RJ Solutions P.O. Box 850175 Richardson, TX 75085 2\4-883-3818 Main Rictwdgon TX 75085 l0/l0 39t1d S3lI~ 291-471-7168 p.2 972-437 -0739 Fax 1:>81:>880l18l 91:1:>1 1:>00l/0l/L0 ,...... ~- --------- ~ ------- Back-up not required for this item B Back-up not required for this item