HomeMy WebLinkAbout09-25-06 Regular Called Meeting of La Porte Development CorporationSTATE OF TEXAS )(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
NOTICE IS HEREBY GIVEN OF A SPECIAL CALLED REGULAR MEETING OF LA PORTE DEVELOPMENT CORPORATION
BOARD OF DIRECTORS TO BE HELD ON OCTOBER 9, 2006 AT 5:00 P.M. AT LA PORTE CITY HALL COUNCIL CHAMBERS,
604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE
AGENDA LISTED BELOW:
5:00 P.M. — REGULAR SESSION
CALL TO ORDER
2. CONSIDER APPROVAL OF MINUTES OF MEETING OF LA PORTE DEVELOPMENT BOARD HELD SEPTEMBER
25, 2006 — M. Gillett
3. ANNUAL APPOINTMENT OF PRESIDENT AND VICE PRESIDENT — M. Dolby
4. OATH OF OFFICE FOR ANNUAL APPOINTMENTS OF PRESIDENT, VICE PRESIDENT AND BOARD MEMBERS —
M. Gillett
5. RECEIVE REPORT ON LEGALITY OF ECONOMIC DEVELOPMENT COORDINATOR AND MAIN STREET
COORDINATOR REPORTING TO CITY MANAGER — M. Dolby
REVIEW JOB DESCRIPTION FOR ECONOMIC DEVELOPMENT COORDINATOR — M. Dolby
RECEIVE REPORT ON CHAMBER DEVELOPMENT WATERFRONT EFFORTS — M. Dolby
8. DISCUSS BAYFRONT MASTER PLAN — D. Feazelle
9. RECEIVE REPORT ON CITY OF SEABROOK ECONOMIC DEVELOPMENT EFFORTS — J. Joerns
10. DISCUSS POTENTIAL 413 PROJECTS — M. Dolby
11. ADMINISTRATIVE REPORTS —M. Dolby
12. BOARD COMMENTS
13. 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 GIFT 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)
SECTION — 551-072 — (PROPERTY SALE OR EXCHANGE) MEET WITH CITY MANAGER, CITY CONSULTANT
AND CITY ATTORNEY REGARDING HOTEL
PROJECT
14. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION
15. CONSIDER APPROVAL OR OTHER ACTION REGARDING CONSULTING SERVICES REGARDING HOTEL
PROJECT
16. ADJOURNMENT
If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or
session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive
meeting or sessions authorized by the Open Meetings Law, Chapter 551, Texas Government Code; will be held by the Council at
that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting
notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for
any and all purposes permitted by Sections 551.071 through 551.076, and 551.087 of said Open Meetings Law, including, but not
limited to:
Section 551.071— For the purpose of a private consultation with the Council's attorney on any subject or matter authorized by law.
Section 551.072 — For the purpose of deliberating the purchase, exchange, lease or value of real property.
Section 551.073 — For the purpose of deliberating a negotiated contract for a prospective gift or donation to the City.
Section 551.074 — For the purpose of deliberating the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee, unless the officer or
employee requests a public hearing.
Section 551.075 — for the purpose of conferring with an employee or employees of the City, only for the purpose of receiving
information from the employee or employees or to ask questions of the employee or employees; provided, however, that no
discussion of public business or City policy that affects public business shall take place between the members of the City Council
during the conference.
Section 551.076 — To consider deployment, or specific occasions for implementation, of security personnel or devices.
Section 551.087 — To discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic development negotiations; or to deliberate the
offer of a financial or other incentive to a business prospect described by
Subdivision (1).
There may be a possible quorum of City Council present at this meeting and may participate in discussion at this meeting,
however, they will not vote on matters.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE
SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT CITY SECRETARY'S
OFFICE AT 281471-5020 OR TDD LINE 281-471-5030 FOR FURTHER INFORMATION.
Martha A. Gillett, TRMC, CMC
City Secretary
Date posted
MINUTES OF THE LA PORTE DEVELOPMENT CORPORATION
September 25, 2006
1. Call to Order
President Pat Muston called the meeting to order at 5:00 p.m.
Members Present: Bill Love, Mike Clausen, Ed Matuszak, Chuck Engelken, Tommy
Moser and Pat Muston.
Members Absent: None
Staff Present: City Secretary Martha Gillett, Assistant Finance Director Michael Dolby and
Assistant City Secretary Sharon Harris.
Others Present: Sue Gail Kooken and Paul Chavez, Bay Area Economic Development
Alliance.
2. Motion was made by Committee Member Engelken to approve the Minutes of July 24, 2006.
Second by Committee Member Love. Motion carried unanimously.
Ayes: Bill Love, Ed Matuszak, Pat Muston, Mike Clausen, Chuck Engelken and Tommy
Moser.
Nays: None
Abstain: None
3. Michael Dolby discussed and reviewed 06-07 Budget. Mr. Dolby noted the budget included
the Economic Development Coordinator position costs.
The board inquired as to whether it is legal for the Economic Development position to report
to City Manager.
Michael Dolby to get legal opinion and report back to 4b Board.
Will not be posted until October 1, 2006.
In addition the board inquired if the Main Street Development Coordinator could legally
report to the City Manager. Michael Dolby will report back on this matter as well.
The Board also wants to discuss and receive a copy of the Economic Development position
at the next meeting.
Paul Chavez of Bay Area Houston Economic Development Alliance noted they could
provide information to assist in filling this position.
4. Michael Dolby provided 4B Board with an update on Cynthia Pearson's Retirement
She will be retiring effective 9/30/06 and a retirement celebration will be held on October
17, 2006 at Sylvan Beach Pavilion.
5. Michael Dolby discussed a hiring Economic Development Position.
La Porte Development Corporation — 9/25/06 — Page 2
Board requested Michael Dolby bring Board job description to the next meeting.
6. Michael Dolby provided update on sales tax revenues.
Approximetaly $85,000.00 over original Budget — Revenues are up.
7. Pat Muston and Ed Matuszak discussed future projects.
Pat Muston noted we could be doing more. We would like to see Beach area enhanced and
to take precautions not to lose Bayfront. Could have Marina, Condo's and Restraunts on
water front to enhance tourism.
Michael Dolby reported an Economic Development Consultant was hired to do a study. A
committee was formed and business and landowners were included. Invited private
investors to join as well..
The board inquired what the La Porte-Bayshore Chamber of Commerce is doing to develop
water front. Michael Dolby will inquire and provide a report at the next meeting.
It was noted work is needed with legislative on changing laws so not so restrictive on
spending 4b sales tax revenues.
The board noted they wanted to review the Bayfront Master Plan. Michael Dolby will bring
report to next meeting.
8. Administrative Reports.
Michael Dolby reported Ms. Feazelle will be providing a report on the City of Seabrook's
efforts on economic development at the next meeting.
9. Board Comments
Committee wants to meet again in 2 weeks on October 91", 2006 at 5:00 p.m.
10 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 GIFT 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)
11. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION.
There were no executive session items.
12. Adjournment
La Porte Development Corporation — 9/2#106 —
Page
Motion was made by Committee Member to adjourn the meeting. Second by Committee
Member. The meeting was duly adjourned at 5:35 p.m.
Passed and approved on this
Pd
Pat M ton, President
Re tfull submitte ,�
�- a tx
M rtha A. Gillett
City Secretary TRMC, CMC
La Porte Development Corporation Secretary
day of bd., 2006.
The Bylaws of the City.of La Porte Development Corporation require the appointment of a
president and vice-president. Specifically, the bylaws read:
Number, Qualifications and Tenure of Directors
3.02. The Board of Directors shall consist of seven members appointed by the City Council of
the City of La Porte, Texas, for staggered two year terms of office. Not less than three (3)
directors shall be persons who are not employees, officers or members of the governing body of
the City of La Porte, Texas. Each director must reside within the City of La Porte, Texas.
The Board of Directors shall appoint a President and Vice -President by October 1 of each year.
The President shall be the presiding officer for meetings and the Vice -President shall act in the
President's absence.
Duties of President
3.10. The president shall be the chief executive officer of the Corporation. The president shall
supervise and control all of the business and affairs of the Corporation. When the execution of
any contract or instrument shall have been authorized by the Board of Directors, the president
shall execute same except where such power is expressly delegated to another officer of the
Corporation. The president shall perform other duties prescribed by the Board of Directors and
all duties incident to the office of president.
Election Results:
President
Vice-president
�7
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, §I(b), amended 2001)
I, Ed Matuszak, do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any
money or thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure my
appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
Date
Position to Which Elected/Appointed
Form No. 2201
Affiant's Signature
Houston/Harris
City and/or County
OATH OF
OFFICE
I, Ed Matuszak, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office Vice President — La Porte Development Corporation, of the City of La Porte,
State of Texas, and will to the best of my ability preserve, protect and defend the
constitution and laws of the United States and of this State and the Charter and
ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not
directly or indirectly paid, offered, or promised to contribute any money, or valuable
thing, or promised any public office or employment, as a reward to secure my
appointment or the confirmation thereof. So help me God.
Sworn to and subscribed before me this 9th day of October, 2006
Notary Public in and for the
State of Texas
OATH OF
OFFICE
I, Bill Love, do solemnly swear (or affirm), that I will faithfully execute the duties of the
office LaPorte Development Corporation, of the City of LaPorte, State of Texas, and
will to the best of my ability preserve, protect and defend the constitution and laws of the
United States and of this State and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered,
or promised to contribute any money, or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation thereof. So help
me God.
Sworn to and subscribed before me this 9th day of October, 2006
Notary Public in and for the
State of Texas
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, §l(b), amended 2001)
I, Bill Love, do solemnly swear (or affirm), that I have not directly or indirectly
paid, offered, promised to pay, contributed, or promised to contribute any money or
thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure my
appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
Date
Position to Which Elected/Appointed
Form No.2201
Affiant's Signature
Houston/Harris
City and/or County
OATH OF
OFFICE
I, Pat Muston, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office President — La Porte Development Corporation, of the City of La Porte, State
of Texas, and will to the best of my ability preserve, protect and defend the constitution
and laws of the United States and of this State and the Charter and ordinances of this
City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, or promised to contribute any money, or valuable thing, or promised any
public office or employment, as a reward to sere my appointment or the confirmation
thereof. So help me God.
Sworn to and subscribed before me this 9th day of October, 2006
Notary Public in and for the
State of Texas
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, §1(6), amended 2001)
I, Pat Muston, do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any
money or thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure my
appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
/&t) g o6
Date
f", %�
"i-
Position to Which Elected/Appointed
Form No.2201
ant's Signature
Houston/Harris
City and/or County
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, §I(b), amended 2001)
I, Mike Clausen, do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any
money or thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure my
appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
/® G
ae
Iy 16044
Position to Which Elected/Appointed
Form No. 2201
Affiant's Signature
Houston/Harris
City and/or County
OATH OF
OFFICE
I, Mike Clausen, do solemnly swear (or affirm), that I will faithfully execute the duties
of the office LaPorte Development Corporation, of the City of LaPorte, State of Texas,
and will to the best of my ability preserve, protect and defend the constitution and laws of
the United States and of this State and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered,
or promised to contribute any money, or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation thereof. So help
me God.
Sworn to and subscribed before me this
Notary Public in and for the
State of Texas
5
Page 1 of 2
Harris, Sharon
From: Gillett, Martha
Sent: Wednesday, October 04, 2006 9:46 AM
To: Harris, Sharon
Subject: FW: Hiring of 4b Coordinator
Plug this in as back up for the agenda item on the 4b agenda. Let me know if you have any questions.
Thanks
Martha A. Gillett, TRMC,CMC
City Secretary/Pub& Information Officer
City ofLa Porte
604 West Fairmont Parkway
LaPorte, Texas 77571
281-471-5020 ext. 5019
From: Clark T. Askins [mailto:ctaskins@swbell.net]
Sent: Tuesday, October 03, 2006 5:30 PM
To: Dolby, Michael; Gillett, Martha
Subject: Re: Hiring of 4b Coordinator
Michael:
Per our conversation yesterday, it is my opinion that it is acceptable for both the Main
Street Coordinator and an Economic Development / 4b Coordinator to report to the
City Manager. It is my understanding that the City does not currently have an
Economic Development coordinator, but that it is in the process of outlining the
requirements of the position and will hire for same.
In both cases, i believe the City has the authority when designing an employee
position to establish that as a city employee the person would report to someone
within the city system, even though there is a 4b Board that handles similar subject
matter. My thought is that under our form of city government it would work most
efficiently for this position to ultimately be responsible to the City Manager, as
opposed to a board or commission.
It is true that the 4b Board is an independent entity, but this does not preclude the
City from creating the Economic Development Coordinator position as one within the
City of La Porte structure and thus answerable to the City Manager. The holder of this
position could of course continue to work with and render advice to the 4b Board.
In order for a 4b coordinator to legally answer only to the Board I would imagine that
the position would have to have a direct employment or contractual relationship with
the 4b Board, as opposed to with the City.
10/4/2006
Page 2 of 2
Dolby, Michael wrote:
Clark,
Last Monday, 4b board asked " Is it legal for the 4b Coordinator to report to the City
Manager ? and Mr.. Engelken asked" is it legal for the Mainstreet Coordinator to report to
the City Manager?
thanks
Michael G. Dolby, CPA
Assistant DiitC, Luf ui r11ldl1(11;
City of La Porte
(281) 470-5036
10/4/2006
1�
CITY OF LA PORTE
ECONOMIC DEVELOPMENT COORDINATOR
JOB DESCRIPTION
FLSA CLASSIFICATION: Non -Exempt PAY RANGE: 029
DEFINITION
Responsible for directing, coordinating, and administering economic development
efforts, including targeting new development efforts, such as new business, retaining
and expanding existing businesses, facilitating programs to enhance economic
development and job growth, and serving as liaison between prospects and the City.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the City Manager's Office. This job has no supervisory responsibilities.
ESSENTIAL JOB FUNCTIONS
Duties may include, but are not limited to, the following:
Develops and executes programs to generate prospect leads, which result in the location of new
businesses; facilitates the expansion of existing businesses.
Creates and makes presentations to business prospects throughout the Houston region and
locations outside of Texas.
Conducts targeted sales calls and follow up communications with business prospects throughout
the Houston region and locations outside Texas.
Develops and maintains relationships with commercial real estate brokers, site selection
consultants, business prospects and other business development officials.
Coordinates with business prospects and their representatives to collect project data; screen and
qualify prospects, conduct site tours of La Porte, draft performance/incentive proposals, and
conduct project follow up communications and visits to prospects.
Creates and maintains business retention expansion program for La Porte.
Provides technical and professional advice and information on economic development issues,
programs, services, and plans.
Develops and implements marketing plans to ensure a professional image for the City of La Porte
to attract targeted businesses to La Porte.
Serves as a liaison to Bayshore-La Porte Chamber of Commerce — Economic Development
Committee
Conduct overnight travel as necessary to meet with business prospects, participate in marketing
events and meetings in and outside of the Texas area.
Prepares reports, including charts and graphs, and presents recommendations for action plans to
management.
Perform other related duties as assigned.
ECONOMIC DEVELOPMENT COORDINATOR
JOB DESCRIPTION
PAGE 2
PHYSICAL REQUIREMENTS
For indefinite periods of time - mobility within an office environment; exposure to dust/mites,
radiation, electrical, and mechanical hazards and constant noise; writing; walking; typing; sorting;
sitting; seeing; filing; reading; decision making; lifting and carrying up to 20 pounds; reaching
above shoulder level; using both hands for simple and firm grasping; clarity of hearing;
communicating clearly and effectively, in person and by telephone; fine finger manipulation;
operation of office equipment, computers, copiers, fax machines, telephone, and a motor vehicle
through city traffic.
QUALIFICATIONS
Knowledge of:
Knowledge of practices and methods of economic development
Excellent presentation, verbal, and written skills
Skilled in grant writing and administration
English usage, grammar, spelling, and punctuation
Modern office methods, procedures, and equipment and business letter writing
Record keeping principles and procedures
Ability to:
Work independently.
Get along appropriately with co-workers and the public
Understand the organization and operation of the City and of outside agencies as necessary to
assume assigned responsibilities
Communicate clearly and concisely, both orally and in writing
Work in cooperation with other departments, City officials, and outside agencies
Research administrative and departmental policies, laws, and rules
Type at a speed necessary for adequate job performance
Operation of a word processor/computer terminal may be required
Compose correspondence independently
Compile and maintain complex and extensive records and files
Analyze situations carefully and adopt effective courses of action
Understand and carry out oral and written directions
TRAINING AND EXPERIENCE
Bachelor's Degree in Economic Development, Public Administration, Business Administration, or
related field from an accredited college or university. Three years related experience.
LICENSES AND CERTIFICATIONS
Possession of a valid Texas Driver's License and a good driving record.
The City of La Porte is an Equal Opportunity and Affirmative Action Employer
of Qualified Individuals.
(Circle One)
I have read the job description above and can perform the job duties with without any
reasonable accommodation.
Witness: Supervisor's Signature Date Employee's Signature Date
Page 1 of 1
Gillett, Martha
From: Dolby, Michael
Sent: Monday, October 02, 2006 3:06 PM
To: Gillett, Martha
Subject: FW: Economic Development
From: Colleen Hicks [mailto:colleenhicks@laportechamber.org]
Sent: Monday, October 02, 2006 3:05 PM
To: Dolby, Michael
Cc: Joerns, John; James Prickett
Subject: Economic Development
Michael,
I am writing In response to the question from the 4B board regarding the Chamber's activities to develop the
waterfront.
Many years ago, during the time that Robert Herrera was city manager, the City of La Porte and the La Porte-
Bayshore Chamber of Commerce developed an informal agreement whereby the City took the lead in economic
development efforts and the Chamber served in a secondary capacity to support those efforts. The success of
this arrangement is still in force today with the Chamber continuing to forward economic development prospects
and inquiries to the City of La Porte through ACM John Joerns.
The Chamber is pleased to continue to work with the City through the many partnerships we have developed
jointly through the years.
Colleen
Colleen Hicks, President
La Porte-Bayshore Chamber of Commerce
712 W. Fairmont Parkway, P.O. Box 996
La Porte, TX 77571
Phone/281-471-1123; Fax/281-471-1710
colleenhicks@laportechamber.org
www.laportechamber.org
1117MAIZ177
0
el
CITY OF LA PORTE
BAYFRONT MASTER PLAN
August 27,1993
Sylvan Beach Portal
The cover image is of the Sylvan Beach Portal that was constructed during the
1930's at Sylvan Beach. This structure would be a candidate for partial
reconstruction at Fairmont and San Jacinto at the Circle, or perhaps, at another
location within the District.
In our increasing complex and fragmented lives, it is well known by demographers
that recreation and relaxation will become an increasingly important part of our
lives. To that end, the recreational history of Sylvan Beach can become its future.
CITY OF LA PORTE
BAYFRONT MASTER PLAN
CITY COUNCIL.
Norman Malone, Mayor
Guy Sutherland, Councilperson
Mike Cooper, Councilperson
Bob Thrower, Councilperson
Deotis Gay, Councilperson
Jack Maxwell, Councilperson
Jerry Clarke, Councilperson
Bob McLaughlin, Councilperson
Alton Porter, Councilperson
PLANNING & ZONING COMMISSION
Betty Waters, Chairman
Inge Browder Howard Ebow
Wayne Anderson Dottie Kaminski
Eugene Edmonds Ronald Gragg
Funded in part by a grant from Southwestern Bell Telephone of Texas
Prepared by:
Mitchell, Carlson & Associates, Inc.
SLA Studio Land Inc.
Carter Burgess Inc.
August 27,1993
TABLE OF CONTENTS
Pave
I. Study Area and History 1
H. Study Goals 7
III. Study Approach 8
A. Photo Key Map
B. Land Parcel Analysis
IV. Land Use Conditions Map Narrative 20
A. Undeveloped Land
B. Under-utilized Land
C. Redevelopment Potential
V. Opportunities and Constraints 23
VI. Illustratives 27
A. Marina Development Illustrative
B. Selected Illustrative Sections
VII. La Porte Bayfront Phased Implementation 31
I. STUDY AREA AND HISTORY
The following photos of historic Sylvan Beach have been included to help recall a
vision of a City whose essential assets remain in place. Sylvan Beach, as identified
in these photos from the book The Romance of Old Sylvan Beach, by Erna B.
Foxworth, document well the rich history of this area. Long a weekend resort
destination for residents of the Houston/Galveston area, the glory of Sylvan Beach
was renown. This character can be recaptured and revitalized through community
commitment, strong public policy, and the vigorous implementation of
enhancement and redevelopment projects.
Sylvan Beach Hotel
It was built in the early 1890's near the beachfront. This image dramatizes the early
recreational roots of Sylvan Beach, a vision that can be reconstructed with the
thoughtful addition of recreational amenities along the waterfront.
The First Gateway of Sylvan
With the character of either a French eclectic or tudor style, this portal found its
lineage in the early walled cities of Europe and England. This portal would be a
candidate for reconstruction at the Main Street round -about.
Main Street Photo
The strong architectural frontality and use of front porches is evident in this
photograph. Timber construction, high ceilings, false facades were all
characteristic of this period and were evident along old Main Street. Perhaps this
could be some guidance for the vernacular of future architecture along Main Street.
Sylvan Beach Area
This photo shows the kind of intense use, both recreational, commercial and
residential, that existed at Sylvan Beach in the 1920's. Note the large number of
automobiles with the Ferris wheel at the right.
Bathing Girl Review
Beaches have always been a popular place for people to gather, Sylvan Beach is no
exception. This photo shows the crowds that came to Sylvan Beach to witness the
Bathing Girl Reviews that were held annually at Sylvan Beach in the 1920's.
01•
• Sylvan Beach Hotel *
It was built in the early 1890's near the beadifront. This image dramatizes the early
recreational roots of Sylvan Beach, a vision that can be reconstructed with the
thoughtful addition of recreational amenities along the waterfront.
* 2 *
• The First Gateway of Sylvan •
With the character of either a French eclectic or tudor style, this portal found its
lineage in the early walled cities of Europe and England. This portal would be a
candidate for reconstruction at the Main Street round -about.
•3•
• Main Street Photo •
The strong architectural frontality and use of front porches is evident in this
photograph. Timber construction, high ceilings, false facades were all
characteristic of this period and were evident along old Main Street. Perhaps this
could be some guidance for the vernacular of future architecture along Main Street.
•4•
• Sylvan Beath Area •
This photo shows the kind of intense use, both recreational, commercial and
residential, that existed at Sylvan Beach in the 1920's. Note the large number of
automobiles with the Ferris wheel at the right.
r .----,,.....
;•5
• Bathing Girl Review •
Beaches have always been a popular place for people to gather, Sylvan Beach is no
exception. This photo shows the crowds that came to Sylvan Beach to witness the
Bathing Girl Reviews that were held annually at Sylvan Beach in the 1920's.
IL STUDY GOALS
The City of La Porte, Texas, has retained the Consultant team to provide a Marina
Waterfront District Master Plan. The boundaries of this district are described in a
subsequent section of this report. The primary aims of this study are to stimulate
economic development with in the City of La Porte, to diversify the City's
economic base through the stimulation of its tourist industry and to create a more
desirable physical environment through the enhancement of its waterfront assets.
La Porte, once the site of grand celebration and intense summer holiday activity,
has experienced considerable decline as a regional recreational destination. This
study is intended to identify current development opportunities which are
consistent with recreational demand factors in the region. It is neither a statistical
study of the market nor an assessment of the demographic composition of the base
of potential users for regional recreational resources. Rather, it is a vehicle through
which the current philosophies of City personnel may be incorporated with the
conservatorial experience of the Consultants in recreational resort development.
The recommendations contained herein represent a range from safe, immediately -
achievable physical improvements to more aggressive, transformative proposals
which would fundamentally alter the character and quality of the waterfront of the
City of La Porte. The Consultant intends that these recommendations be
imp]ementable from a technical engineering point of view, that they be reasonable
from an economic point of view, and that they serve the greater good of the public
community. This requires the acknowledgment that some of the recommendations
will have limited adverse impact on private property owners within the district.
The broad general goals of this study fall within four categories:
To identify opportunities for the general growth of new development to
make the Sylvan Beach area a vital activity zone for the City of La Porte.
2. To identify areas for potential redevelopment, either through the
establishment of redevelopment districts or through stimulation of private -
sector investment.
3. To identify underdeveloped areas and to enhance the developability of
undeveloped parcels of land.
4. To identify opportunities for beautification and visual enhancement of the
approach to the waterfront as well as of the waterfront district itself.
The study area has been defined as an area bounded by Avenue E on the north,
Broadway on the west, and by Bayshore Elementary School on the south. At a
preliminary workshop with the City staff, the district was extended to include the
southern -most areas of the subdivisions of Shady Oaks and Bay Colony.
The Consultant has recommended the study area be expanded northward to
include the residential area up to East Main Street. In addition, the Consultant
team has focused on a combination of short- and long-term project opportunities of
varying scales which will enable the City to undertake projects as fiscal and
political considerations warrant.
e 7 e
III. STUDY APPROACH
The Consultant team, with the help of the City staff, has amassed and inventoried
available documents which identify and chronicle the physical evolution of the
City's design. Plans, both current and historical, and previously -executed research
associated with the study include:
• current City of La Porte Zoning Ordinance 1501;
• the Goals Report of the La Porte Visions Committee, August 1989;
• the Turner, Collie & Braden Comprehensive Plan, dated April 27,1984;
• the La Porte Development Ordinance, dated July 3,1985;
• recent aerial photography covering the entire study area;
• climatological and wind data; and
• current and historical ownership maps.
This information was supplemented with on -site photographic reconnaissance by
the Consultant team and a visual survey of the study area.
Utilizing these sources, the Consultant has assembled the information in the form
of base maps which consolidate the data and highlight opportunities therein. This
material is summarized in the following documents: a photo key map, a land
parcel analysis, an opportunities and constraints map, an illustrative detail plan
and a zoning conflicts map. Additionally, these plans are supplemented with
sections illustrating the specific opportunities contained in the plan
recommendations.
A. Photo Key Map (see Attachment)
The site area was inventoried, with special attention being given the areas of
Deer Creek, Little Cedar Bayou, East Main Street, Fairmont Parkway and
Sylvan Beach Park. The accompanying photographic panoramas are
documented in the photo key map by number. These photos are intended to
provided reference and support for observations and recommendations
made by the Consultant team.
B. Land Parcel Analysis
Utilizing the aerial photography, land ownership maps and the city base
map, the team looked for significant opportunities for development
/redevelopment or for stimulation of development within the waterfront
district. Five areas of significant opportunity emerged, with some having
identifiable sub -areas:
Outside the study area, adjoining Highway 146, are approximately 150
acres of vacant land, immediately west of the Bay Forest Golf Course.
2. An extensive area of underdeveloped and non -developed parcels lies
north of Little Cedar Bayou Park, south of Fairmont Parkway and
generally west of Park Avenue. This area is generally well -vegetated
and accessible to the waterfront. Current uses which affect the
potential of this property includes the City sewage treatment plant and
.8.
some multi -family housing. The latter is a strong candidate for
demolition and redevelopment as a townhouse project.
3. Immediately adjoining the Sylvan Beach proposed hotel site is an area
of single-family, detached housing. This housing stock is in need of
upgrade and/or removal to promote the development of the Sylvan
Beach area.
4. The area north of Sylvan Beach Park, up to East Main Street has a
significant number of undeveloped parcels among others which are
generally single-family, detached housing.
5. The Main Street corridor outside of the study area reaches from
Highway 146 to Broadway. Additionally, there are a number of
significant blocks of land indicated in gold on the plan that are
shoreline properties. These blocks generally fall within existing
residential development areas.
An analysis of the study area has led the Consultant to recommend the
development of Sub -district identities which reflect the character of the differing
land uses. Preliminary recommendations include the following names:
In the center, Sylvan Beach is defined by large areas of public ownership and
terminates at Sylvan Beach where San Jacinto Boulevard and Fairmont
Parkway converge. Once the heart and soul of the La Porte waterfront, this
Sub -district is primarily in public ownership and has potential institutional
and commercial uses. Currently, the privately -held lands are significantly
underutilized and the publicly -held land are largely developed.
South of the proposed Sylvan Beach Subdistrict and north of Little Cedar
Bayou is the area proposed to be called Sylvan Beach South. Within this Sub-
district, east of Park Street is generally good housing, while west of Park
Street the housing is mostly vacant or lower -end. This area has a very
significant amount of development or redevelopment potential.
North of Sylvan Beach to Deer Creek is the area proposed to be designated as
Bay Front . This Sub -district has a wide range of housing, both high- and
low -end, with significant undeveloped parcels of land.
South of Little Cedar Bayou to the City limits is the area proposed to be
called Bay Wood. The City's most diversified housing types are in this Sub-
district, with significant areas of under -utilization in its northern portions.
Within the Marina Waterfront District, Sub -district designations, by these or other
names, will assist the City in understanding the basic land use divisions within the
community, as well as provide special identity to various areas, all of which have
their own unique, distinctive characteristics.
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IV. LAND USE CONDMONS MAP NARRATIVE
This map summarizes an inventory analysis of development opportunities within
the Marina Waterfront District study area. This inventory was undertaken
utilizing a combination of aerial mapping analysis, land ownership analysis and an
on -the -ground visual survey. The findings described in this exhibit should not be
considered precise delineation's of development/redevelopment opportunities.
The map is intended to focus the City on areas of opportunity, each of which
requires a comprehensive housing survey to determine the accuracy of these
preliminary findings.
The lots have been categorized into three primary categories:
A. Undeveloped Land - Lots in this category are colored in dark green.
Undeveloped land is either that which has never been developed or that
which was once developed and later demolished. These lands can be large
tracts, as is the case immediately east of Broadway and west of the golf
course, or they can be sub -divided lots, as is the case immediately east of the
golf course.
B. Under-utilized Land - Lots in this category are colored olive green. This
designation is somewhat more subjective. The planning team has identified
a number of parcels which, superficially, appear to be underdeveloped with
respect to the total potential of the land area so identified. Generally, these
properties fall in the category of privately -held land.
C. Redevelopment Potential - Lots in this category are colored gold. These
include properties which, upon preliminary visual survey, have existing
structures either reaching their service limits or showing signs of serious
deterioration. This can be due to lack of maintenance or underlying
structural problems. Some of the structures within this designation are likely
able to be rehabilitated. The block designation for this category is intended
to show areas which are substantially (meaning 50% or more of the lots
within a block) in this category.
As a result of this inventory analysis, areas with significant potential for
development stimulation in and around of the Marina Waterfront District have
been identified:
Specifically, the area to the west of the existing golf course is ideal for
potential development. Opportunities for this property include medium -
and high -end residential uses, taking advantage of the adjacent golf course
edge and excellent access from Broadway. The lands immediately to the
northeast of the golf course are fully subdivided into blocks and lots; for
cultural reasons, these have not been developed. Additionally, the blocks
contiguous to the east side of the golf course present a strong potential
amenity lot product.
The second area of significant under -utilization the study area appears to be
in the northeast, in Bay Front Sub -district. This area of medium- to low -price
housing has a significant inventory of vacant parcels and older housing
•20•
stock. Efforts to create value and stimulate development/redevelopment in
this area should be one of the City's primary objectives.
Additionally, a number of development/redevelopment opportunities exist within
the study area. These areas lie in relatively close proximity to Sylvan Beach Sub-
district, to the north in Bay Front Sub -district and to the south in Bay Wood Sub-
district:
A number of contiguous blocks which are one block removed from the
waterfront represent opportunities for both increased property values and
community enhancement. A careful study of these and the area immediately
surrounding them could yield selective infill redevelopment opportunities.
Under-utilized lands are located in both Sylvan Beach Sub -district,
immediately surrounding the proposed hotel site, and in Bay Wood Sub-
district, in a large tract adjoining the Bay Front Sub -district. The Sylvan
Beach sites will be explored later in this report. The development of these
tracts as support services for the development of the waterfront and hotel are
key to the success of the realization of a vital La Porte Marina Waterfront
District.
• 21 0
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• 22
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v. OPPORTUNITIES AND CONSTRAINTS
This exhibit summarizes the site and base data analysis and identifies specific
opportunities for development/redevelopment and beautification. These include
properties both within the study area and immediately outside it but logically
linked to the strategic development of the Marina Waterfront District. The latter
description applies to the Main Street corridor, to the Fairmont Parkway corridor
from Highway 146 to Broadway, to the significant area of undeveloped land
immediately west of the golf course, and to the residential district north of the
study area between E and Main Streets.
Since a primary goal in conducting the Marina Waterfront District Master Plan
study is the stimulation of tourist visitation of La Porte's historic waterfront, the
Consultant team's plan recommendations are perhaps best presented as they
would be experienced by a visitor to the District. A logical starting point in
describing the waterfront improvement plans is at the intersection of Highway 146
and Main Street. This intersection, the northern -most entrance to the District from
Houston, is a natural gateway for the visitor to the City of La Porte:
1. The western area of Main Street is characterized by a significant number of
vacant lots with some interspersed historic structures. At approximately
Sixth Street, the frequency of historic structures increases, and between
Fourth Street and Broadway, Main Street has a succession of residual historic
structures. This area (from Sixth Street to Broadway) has been recently
resurfaced and offers the visitor an image of La Porte's historic commercial
Main Street. Opportunities within this corridor include: further road
improvements; signage and architectural controls; streetscape, planting and
hardscape improvements to create a more pedestrian -friendly environment;
and improvements in street furniture and environmental graphics.
Additionally, the City could focus financial assistance here in the form of a
historic overlay district which might promote investment within this area.
The City should encourage the relocation of its endangered historic buildings
to Main Street to further enhance its visual and spatial character.
2. A second area of potential redevelopment is the intersection of Main Street
and Broadway, the Five Corners of La Porte. This intersection, the meeting
point of two orthogonal grids, results in a series of triangular intersections.
Considered by contemporary traffic engineers to be a hazard, all turning
movements at this intersection have to be controlled to avoid line -of -sight
problems and traffic conflicts. An alternate solution to this intersection that
would greatly enhance the visual character of Main Street while addressing
the traffic issue would be the construction of a large rotary, or roundabout,
with a significant landscape feature in the center. This feature could be
comprised of planting and/or fountains and/or statuary, perhaps
celebrating some important part of La Porte's history. The rotary would also
naturally guide traffic toward Sylvan Beach by way of San Jacinto Boulevard.
3. A third potential project is the restoration of San Jacinto Boulevard as an
important vehicular access to Sylvan Beach. The existing right-of-way will
allow a boulevard road section which would accommodate an esplanade for
planting and other beautification purposes. The west side of San Jacinto
Boulevard is largely publicly -owned land, and as such, the street is a logical
.23.
entrance corridor to show off the cultural and civic assets of the City. San
Jacinto Boulevard, being one of the two major radial streets which converge
at Sylvan Beach, is a logical improvement corridor and one that will likely
stimulate land values immediately to the east of the Bay Shore Sub -district.
4. Another opportunity for an entrance corridor to Sylvan Beach is further
south via Fairmont Parkway, the contemporary access to Sylvan Beach. Far
less interesting in its visual character due to the development patterns along
it, the Fairmont Parkway corridor could be enhanced through landscaping,
signage control s and setback standards. However, since the development
along this corridor is relatively recent, it is unlikely that significant changes
can be easily encouraged. It appears therefore, that Main Street and of
Fairmont Parkway are likely to maintain their distinctly different visual and
historical characters as approaches to Sylvan Beach.
5. Another major opportunity lies in the redevelopment of the historic
commercial circular areas immediately adjoining the site of the proposed
waterfront hotel. This area is key to the stimulation of visitor traffic to
Sylvan Beach and, thereby, to the economic development of the City of La
Porte. It is a means by which retail support services can be encouraged in the
hotel waterfront area. To better understand the density and type of
development that should occur, a detailed examination of the feasibility of
this area should be undertaken in a future study. Opportunities for higher -
density residential land uses in the Marina Waterfront District exist, and this
would be a strong candidate location for such development.
6. A sixth project is the development of a marina. This entails the construction
of a break -water and marina basin immediately off of Sylvan Beach and
directly in front of the proposed hotel site. It would provide a picturesque,
functional, recreational amenity for the City of LaPorte. A mixture of
private and public boat slips, floating restaurants, and, possibly, a private
yacht club could become a vital, active marina development. A suggestion
for the relocation of the public park area displaced by the proposed hotel site
and marina complex is to the Harris County property immediately to the
north of the proposed site and south of the nursing home.
7. A seventh project to consider is the redevelopment of the residential areas
immediately to the south of Sylvan Beach Sub -district, employing public -
sector investment and infrastructure. Particularly, it is suggested that the
development of creeks and canals along public right-of-ways be explored.
This would substantially increase the value of internal parcels of land and,
thereby, provide stimulus for new residential construction. Spill -over
development associated with this canal program would occur immediately
adjoining residential areas, raising both the desirability and property values
in the northern part of the Marina Waterfront District. Fully understanding
the possibilities of this type of developmental stimulus requires a detailed
study of the proposed redevelopment areas. Of particular concern in this
type of study are engineering issues such as relocation and/or abandonment
of underground utilities, condemnation of private and/or public lands to
accommodate canal construction, vehicular access to contained areas, life
safety, as well as other political and financial issues.
•24•
8. Finally, for the development of the waterfront edge it is proposed that the
City carefully consider the opportunity to develop public promenades. The
conflict with existing residential properties in the south of Sylvan Beach Sub-
district requires study. Since, as indicated on the current land ownership
maps provided by the City, the shoreline in this area appears to be outside of
the limits of private ownership, perhaps a balance could be achieved
between the public interest and private property rights.
This issue notwithstanding, the historic access and investment by the private
sector in piers and in stabilization of the shoreline must be taken into
consideration in the development of promenade access along this portion of
the waterfront. The development of a canal system in this area it would
effectively make south Sylvan Beach Sub -district an island. This action
would thereby privatize this portion of the shoreline walk for the benefit of
neighborhood residents of the island and 1L 1111 dltltcly to uhc west.
If the canal system is not implemented and substantial commercial
development occurs within the Sylvan Beach Sub -district, a second
possibility would be to close Bayshore Drive from Sylvan Beach Park south
to Little Cedar Bayou, since only a few properties front on the street. This
would provide a key pedestrian link between Sylvan Park and Little Cedar
Bayou to the south. In Sylvan Beach Sub -district the waterfront walk should
be expanded to include benches, and lights. This would create a wide
pedestrian area to accommodate bicyclists and roller skaters. This waterfront
walk can be linked to Deer Creek and Little Cedar Bayou walks to the north
and south, thereby providing beach front access to the interior portion of the
residential areas of the entire Marina Waterfront District.
•25•
VI. ILLUSTRATIVES
A. Marina Development Illustrative.
This plan illustrates the diverse development character of the Sylvan Beach
Sub -district. Centered around a proposed waterfront hotel, the illustration
provides a more detailed look at the potential of this Sub -district. Central to
the plan are the circular commercial areas to the west of the hotel and 300-
slip Galveston Bay Marina and reconstructed original road patterns in this
area. This commercial space provides a significant amount of retail and
higher -density residential development which would support the hotel and
provide a unique residential and visitor experience at the La Porte
waterfront.
Peripheral parcels could be either retail or residential, de'Pending upon
market conditions over time. A road connection between San Jacinto
Boulevard and Fairmont Parkway provides vehicular relief to this area. It is
proposed that a portion of the La Porte High School tract immediately to the
west of the railroad station be dedicated to commercial use. This would
serve as a buffer for the school and take advantage of a prime development
location The marina would be accessed from the south along a landfill jetty
structure which would access public boat slips, and from the west, through
the La Porte Yacht Club site, adjacent the proposed hotel.. The yacht club
could accommodate a harbor master and provide a high level of marine
facilities for a select number of boaters in the northern portion of the marina.
An overlook park is located at the entrance channel to the marina. This park
could be developed with a simple structure as a community facility. The
illustration also shows the potential development of a outdoor performing
arts area in the existing park land north of the hotel, as well as of the Harris
County property immediately south of the nursing home. The beginning of a
canal system flanked with residential development is illustrated on what
would become Sylvan Beach Isle. In addition, special retail opportunities,
perhaps restaurants, would be well suited to this area. Finally, the expansion
and landscaping of San Jacinto Boulevard right-of-way and the landscape
enhancement to the Fairmont Parkway are shown in this illustration.
•27•
B. Selected Illustrative Sections.
This exhibit shows sections which are key to the Marina Waterfront District
illustrative. Section A is through the south commercial circle. The
illustration shows residential and retail/commercial opportunities and, in
the right-hand portion of the illustration, streetscape improvements to
Fairmont Parkway.
Section B shows the potential canal system in Sylvan Beach South Sub-
district at a focus basin location. Single family residential development on
the south edge of the canal is illustrated, as well as retail/commercial
development on the north edge. Depending on market demands, the north
edge of the canal could be developed for residential uses, either single family
or multi -family.
Section C shows the relationship of the La Porte Yacht Club, the floating
restaurant, the marina basin, the waterfront park area and the breakwater.
•28e
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VII. Bayfront Phased Implementation
The successful redevelopment of the La Porte waterfront will require a
coordination of public sector initiatives orchestrated in such a manner as to
maximize the potential for private sector investment. The Bayfront Master Plan
effort has identified a number of projects which will contribute to the
accomplishment of the private sector investment goals. Taken individually they
will contribute to the reidentification and development of the district. Implemented
in a coordinated manner, they can greatly enhance the investment and
reinvestment objectives of the City while at the same time dramatically
transforming the urban character in a manner that takes great advantage of the
waterfront asset of the City.
that . verti:..e, additional projects and/or modifications to the
It 1S expCCtcu that .. � �. p j
projects as identified will undoubtedly occur. These changes should be evaluated
and judged in the context of the Master Plan vision. Adoption of additional projects
should enhance or underpin the Plan's general direction.
The key improvements identified during the Plan process are as follows:
1. Main Street Improvements
• SH 146 to 4th Street
• 4th Street to Broadway
The improvements to this area should enhance the pedestrian character of
the street while at the same time reinforcing the redevelopment efforts that
seeking to take hold. These improvements might include repair and
enhancement of sidewalks, pocketing of parallel parking with expanded
pedestrian areas at corners, signage controls, special paving at crosswalks,
street trees, street furniture and lighting, enhanced traffic control devices, tax
incentives for small businesses and incentives for the relocation of historic
structures to fill in the gaps that currently exist in the urban fabric.
2. Fairmont Parkway Improvements
Improvements to Fairmont Parkway should be geared towards buffering off-
street parking and creating a distinctive linear corridor. Those elements
could include directional signage to Sylvan Beach; linear landscape planting
between parking lots and road right-of-ways on both sides of the road
continuously; improved pedestrian cross -walk designations; street lighting;
enhanced traffic signalization; a comprehensive sign program with
appropriate amortization schedules to bring the retail signage under control;
also, consideration of landscape enhancements to the interchange of 146 and
Fairmont Parkway should be considered, perhaps in cooperation with the
State Department of Highways.
_I •31•
3. Sylvan Beach Park Re -development
This area presents a unique opportunity to create a waterfront park.
Examples of parks of this kind can be found at the Chicago waterfront, the
Charles River in Boston, Corpus Christi Waterfront and the San Francisco
Bay Marina District. The possible amenities to be developed in this area can
include an outdoor performing arts/concert pavilion; stroll gardens; open
areas suited for the setting up of festivals and other program activities; a
waterfront walk; parking; restrooms; and sitting and informal play areas.
Sports facilities and intense recreational facilities should not be allowed in
the Waterfront Park area.
4. roundabout at Main/Broadway/San Jacinto
The improvements in this area will greatly enhance the "connectivity"
between the historic downtown La Porte and the redeveloped Bayfront
District. A drawing included in another section of this report illustrates
some preliminary thoughts on the possible character and configuration of
this area.
The development of this area should include strong urban guidelines for
commercial development around the edges of the roundabout, preferably
with a minimum build line to create a well defined urban space. The intense
planting of trees in the center and on the edges, the development of
pedestrian sidewalks, the inclusion of a central park (possibly with a historic
replica of the original Sylvan Beach portal, as illustrated in the plan), and
lighting, fountains, street furniture and other improvements could make this
the "jewel" of La Porte's City Parks spaces.
5. San Jacinto Street Improvements
Improvements to San Jacinto Street should include the widening of San
Jacinto to a Bouelvarded section, adding formal planting of street trees on
edges and medians in order to make a strong connection between the Main
Street roundabout and Sylvan Beach. Street lighting and directional signage
should be included in the overall package of improvements for this area.
Additionally, the rezoning of the east side should be examined for the future.
•32•
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The City's role in the redevelopment of this area can be multi -fold. At the
very least, the improvements to the public streets and right-of-ways with the
necessary condemnation and dedications, improved utilities, if needed, to
support the more intense land uses implied in the Master Plan
recommendations, street lighting and landscape improvements, signalization
should be undertaken. In addition to the following proposed physical
improvements, the City could conceivably condemn the property and enter
into a joint venture with private sector for the development of retail and
residential uses, or simply package the land for public bid with a
development agreement causing the successful bidder to implement the
specified scheme within a specific period of time.
Additionally, it is recommended that portal structures be plrccd ant the
intersections of Fairmont Parkway and San Jacinto where they intersect.
They will form the terminus of the public right-of-ways and the gateway to
Sylvan Beach itself. These improvements may necessitate the relocation of
the train station approximately 100'.
7. Marina Development
The development of the La Porte Marina Basin would involve a lengthy
design and permitting process with the Army Corps of Engineers, or
whatever regulatory body is responsible for the development of the Marina
in U. S. waters in the future. The Marina Development will necessitate a
breakwater structure, public parking, the dredging of the Marina Basin
(which should be coordinated with other public works projects that can
benefit from the dredge material, such as the Bayfront Park), utilities, a
Marina symbol structure at the entry to the harbor, boardwalk development
along the water's edge, finger piers (to be developed in accordance with
market demand in terms of number, size and configuration, and the
necessary attendent dredging to navigable waters from the Marina out into
the Bay.
The Marina, as illustrated on the Master Plan, can easily contain up to 300-
slips with an average size of 15' x 30' slips.
8. Beach Front Boardwalk
To the extent that the above projects do not implement the proposed
waterfront boardwalks, this improvement item would complete and/or
accomplish that goal. Specifically, public access on the south Sylvan Beach
District residential edge, the Sylvan Beach District, and the Bayfront District
will greatly enhance the public awareness and access to the Bay. The
improvement should include benches, trash containers, lighting, places for
sitting and gathering. The boardwalk should be wide enough to
accommodate roller skaters, pedestrians and seating areas all at the same
time.
•34•
9. Sylvan Beach South Canal System
Improvements for this item would include the evaluation inventorying of
public utilities, the design and reconstruction of those utilities to
accommodate the proposed canals, the condemnation and dedication of
necessary right-of-ways to accommodate the ultimate canal width, the
construction of bulk -heading and excavation of the canals and bridge
crossings from what would then become the mainland to the South Sylvan
Beach Island.
10. BayFront Canal System
Improvements for this item would include the evaluation inventorying of
public utilities, the design and reconstruction of those utilities to
accommodate the proposed canals, the condemnation and dedication of
necessary right-of-ways to accommodate the ultimate canal width, the
construction of bulk -heading and excavation of the canals and bridge
crossings from what would then become the mainland to the Bayfront Island.
11. Inland Trail Network
Improvements under this item will require a detailed pedestrian trail plan
and inventory of public right-of-ways and requirements for the trail system.
The Inland Trail System should be designed in such a way as to
accommodate joggers, bicyclers and pedestrians alike. Careful consideration
of crossings of public roads either at surface, or grade separation should be
evaluated for their feasibility. Adequate lighting, signage and possibly
exercise stations, placed in a manner that is not intrusive, could greatly
enhance this community asset. Connected to the beachfront boardwalks and
parks, this item would greatly enrich the quality of life in the Bayfront
District.
935•
0 1
REQUEST FOR PROPOSALS
For a Qualified Consultant or Consultant Team
To Develop Planning Documents for the Redevelopment of
The South Seabrook Marine District
A. INTRODUCTION
The City of Seabrook, Texas, through its South Seabrook Economic Marine District Committee
and Economic Development Corporation II ("EDC II"), is seeking the services of a Consultant or
Consultant Team to develop a strategic plan for the redevelopment of the area known as the
South Seabrook Marine District. The Economic Development Corporation II is interested in
locating a consulting firm that has had extensive experience in the development and
redevelopment of waterfront commercial properties.
The South Seabrook Marine District was formed to take underutilized and underappreciated
areas at the Point, Jennings Island along Clear creek Channel and Old Seabrook and work
towards controlled development. A quality, planned development is essential for meeting
Seabrook citizens' needs and allowing business owners and land owners to prosper.
This district would further enhance the cultural diversity, image and tax base for Seabrook by
providing a waterfront based multiuse development for shoreline protection, environmental
restoration, festivals, ecotourism, recreation, boating, restaurants, and desired activities.
The EDC II has determined that the redevelopment of the South Seabrook Marine District will
be in the best economic interest of Seabrook by creating new jobs and bringing new capital
investment and sales tax revenue into the city. The EDC II seeks to provide: 1) facilities suitable
for use for entertainment, tourism, conventions, and public park purposes and events; 2) related
store, restaurant, concession, and automobile parking facilities; and 3) related roads, streets,
water and sewer facilities, and other improvements that enhance any of these items.
These planning documents are expected to form the blueprint for economic and community
development of the South Seabrook Marine District for many years to come.
B. BACKGROUND
Seabrook is located approximately 26 miles from the city of Houston and 27 miles from
Galveston in Harris County. The city has an estimated population of 9,400 residents. Seabrook
incorporates more than 12.5 square miles and is accessed by two state highways (NASA Road
One and State Highway 146) and is 7 miles from Interstate 45 and 20 miles from Interstate 10.
The Economic Development Corporation II in Seabrook is a Section 4B development
corporation as defined in Texas Revised Civil Statutes Article 5190.6, Section 413(a)(1). The
corporation, in conjunction with industrial foundations and other private entities, works to
promote local business development.
Request for Proposals
South Seabrook Marine District
The purpose of this study is to provide a strategic master plan for the economic redevelopment of
the South Seabrook Marine District. This will be accomplished by:
1. Assessing the current economic condition of the district;
2. Outlining a general concept for redevelopment of the district;
3. Identifying the specific geographical area with the best potential for redevelopment
which will become the first phase of redevelopment;
4. Identifying potential roadblocks to the project;
5. Identifying political officials, landowners, business proprietors, and other individuals
who are key to the successful redevelopment of the first phase, understanding their
position with respect to the project and addressing their concerns;
6. Identifying sources of funding and providing detailed financing options for the first
phase; and
7. Providing direction to the next step of the redevelopment project.
C. PROCEDURE
This is a Request for Proposals. Each submission will be evaluated by the Consultant
Selection Committee on the basis of the qualifications of the Consultant or Consultant Team and
the relative merits of the proposal. This detailed description of the RFP provides the instructions
for submitting proposals and the procedures and criteria by which consultants shall be considered
and selected.
1. INSTRUCTION AND NOTIFICATION TO CONSULTANTS
1.1 Review all sections of this RFP carefully and follow instructions completely, as failure to
make a complete submission as described elsewhere herein may result in rejection of the
proposal.
1.2 All costs associated with developing or submitting a proposal in response to this Request
shall be borne by the Consultant.
1.3 Proposals are considered to be irrevocable for a period of not less than ninety days following
the date of submission.
1.4 Proposals submitted after 4:00 p.m., March 15, 2005 shall be determined to be late and shall
only be considered at the sole discretion of the Chairperson of the South Seabrook Marine
District Committee, whose decision in this matter shall be final.
1.5 All materials submitted for consideration in response to the RFP will become the property of
the City unless alternative arrangements are made prior to submission.
2. DETAILED PROJECT DELIVERABLES
2
Request for Proposals
South Seabrook Marine District
Section 2.0: A Strategic Plan for Redevelopment — By addressing the following concerns, the
Consultant or Consultant Team will formulate a comprehensive strategic plan for the economic
redevelopment of the South Seabrook Marine District. In addition, the Consultant or Consultant
Team will also provide a guidance system, complete with phases of project redevelopment,
which outlines and directs future action by appropriate stakeholders in order to address the South
Seabrook Marine District's short and long term economic development needs.
2.1: Specific Deliverables
2.1.1 General assessment of the local economic conditions, including key opportunities,
community assets and deficits, challenges and threats affecting economic redevelopment of the
South Seabrook Marine District including but not limited to:
• Infrastructure Considerations Including Transportation System
• Market Accessibility
• Community Finance and Revenue Trends, Limitations and Implications
• Intergovernmental Aid Trends and Limitations
• Business Climate Including Tax Burden
• Demographics and Socio-economic Characteristics
• Regulatory Environment
• Significant Development Opportunities
• Other Identifiable Internal and External Factors
2.1.2 Economic potential of the South Seabrook Marine District and the determination of the
most efficient and best use of the property.
2.1.3 A plan for the South Seabrook Marine which establishes potential phases of
redevelopment and costs associated with each phase.
2.1.4 Public input from the primary stakeholders of the South Seabrook Marine District, elected
officials, and regional economic development officials.
2.1.5 An environmental analysis of the landmass of the South Seabrook Marine District in order
to identify any limitations regarding the construction of new facilities and concerns relating to
existing facilities.
2.1.6 A detailed description of available financial resources, including state and federal grant
programs, financial programs, tax incentives, loan resources or other assets available for the
implementation of these efforts. Further, the action plan should articulate the recommended plan
of financing, with alternatives, for the entire redevelopment project.
2.1.7 An action plan for each of the major stakeholders, including private property interest
holders. The action plan should include short and long term goals and objectives and task and
implementation efforts.
2.1.8 Assessment of limitations, setbacks, and/or hindrances that may be associated with the
redevelopment project and an action plan that addresses those concerns.
Request for Proposals
South Seabrook Marine District
Section 2.2: Additional Requirements
In addition, the following specific criteria should be addressed in the planning document:
2.2.1 A visioning process, general overview, and statements to address future community
direction.
2.2.2 Implementation tools and a suggested schedule or timeline for redevelopment of the entire
district which addresses phases of redevelopment and costs associated with each phase, with
emphasis on the details of Phase I.
2.2.3 The Consultant or Consultant Team is expected to provide a recommended organizational
and staff structure to carry out the recommendations of the redevelopment strategy. This
structure should include a suggested list of resources needed over a period of five years to carry
out the recommended tasks.
2.2.4 The Consultant or Consultant Team is expected to provide a site plan, aerial conceptual
graphic, transportation ingress/egress map, and other necessary conceptual graphics.
Section 2.3: Other Considerations
2.3.1 The Consultant Selection Committee will also consider the ability of a Consultant or
Consultant Team to provide a visual representation of the overall redevelopment concept and a
more detailed sketch Phase I. The availability of technology, including but not limited to 3-
dimensional modeling, electronic slide presentations, and DVD presentation materials will be
duly noted and well considered.
3. SERVICES, PRODUCTS & MEETINGS
Section 3.0: Scope of Services, Required Products and Meetings
3.1 Accomplish all of the substantive requirements of Section 2 above.
3.2 Conduct not less than three public information or design meetings, two of which are
suggested at the 10% and 30% stages of study completion.
3.3 Furnish monthly status reports.
3.4 Presentation of preliminary and final study recommendations.
3.4 Preparation and delivery of twelve (12) copies of the final documents within the agreed
upon time frame in hard copy and electronic format compatible with the requirements of the
Economic Development Corporation II.
4
Request for Proposals
South Seabrook Marine District
4. SUBMISSION REQUIREMENTS
Section 4.0: Detailed Submission Requirements
4.1 Background statement on the firm, including a brief history of same, including discipline
capabilities, principals, staff availability, location, and organizational and financial stability.
4.2 Qualifications and positions within the firm(s) of individuals who will be assigned to the
project. Include resumds of key personnel. This section should also address general availability
of key personnel. This section should contain a statement of assurance that the individuals
indicated in this section will, in fact, work on the project. Any substitutions of personnel at a
later date will require the approval of the Economic Development Corporation II.
4.3 List of project(s) similar to the studies described herein. Provide names, addresses and
phone numbers of references.
4.4 Additionally, all interested firms must submit a detailed statement including the
organizational structure under which the firm proposes to conduct business.
In the case of multiple firms, the "firm of record" and the party responsible for
coordination shall be identified. The relationship to any "parent" firm or subsidiary firm with
any of the parties concerned must be clearly identified.
4.5 Firms must provide a description of their understanding of the tasks involved, assistance
required from Economic Development Corporation II, and the specified requirements or
limitations of the firm's professional liability insurance.
4.6 Cost proposal, including detailed breakdown of cost by task for the requested planning
document.
4.7 All proposals must include a timeline/schedule for each product deliverable including
interim milestones to be accomplished. All tasks to be performed throughout the different stages
of the project must be detailed.
5. SUBMISSION DEADLINE & COPIES
Section 5.0: Submission Deadline and Copies
5.1 The deadline for submission is 4:00 p.m., March 15, 2005.
5.2 An original and twelve (12) copies of the Proposal should be mailed or hand delivered to:
Economic Development Administrator
Request for Proposals
South Seabrook Marine District
c/o Economic Development Corporation II
City of Seabrook
1700 First Street
Seabrook, TX 77586
5.3 An electronic copy in Microsoft Word format of the proposal shall also be sent to the
Economic Development Administrator at econdevelop@ci.seabrook.tx.us.
6. QUESTIONS
Section 6.0: Questions
6.1 Questions about this RFP or requests for further information should be directed to the
following contact persons:
Bruce Dresner, Chairman, South Seabrook Marine District Committee
econdevelonna.ci.seabrook.tx.us
Economic Development Corporation II
City Of Seabrook
1700 First Street
Seabrook, TX 77586
Phone: 281-291-5730
City of Seabrook Website: www.ci.seabrook.tx.us
6.2 All questions and resulting clarifications regarding the RFP will be made available to all
candidates on the City of Seabrook website: www.ci.seabrook.tx.us.
7. CONSULTANT SELECTION
Section 7.0: Selection of Consultant or Consultant Team
7.1 The Consultant Selection Committee will review the Proposals received and select a short-
list of not more than five (5) of the most qualified firms to be interviewed by the panel. The
short-listed firms shall be notified in writing and the Committee shall interview and rate those
firms. They will have up to 30 minutes to make a presentation and an additional 30 minutes for
the interview and questions and answers.
7.2 The Committee will recommend between one and three firms to make a presentation to the
Economic Development Corporation II Board.
7.3 The firm selected will be chosen on the basis of the following qualifications:
Request for Proposals
South Seabrook Marine District
a. Demonstration the consultant(s) has performed satisfactory, similar work in other
municipalities.
b. Demonstrated understanding of the needs of the South Seabrook Marine District.
c. Management and technical expertise demonstrated by each of the key personnel
assigned to the project and willingness to commit senior level staff.
d. Quality of the Proposal.
e. Cost proposal and project schedule.
f. Response to municipal professional references.
g. Other evaluation criteria.
7.3 The Economic Development Corporation II Board shall make the final decision for firm
selection which is not subject to appeal. The South Seabrook Marine District
Committee and/or the Economic Development Corporation II reserve the right to
reject any or all proposals. Failure to address any component of this RFP
constitutes sufficient grounds for rejection. If a firm is selected, the Economic
Development Corporation II Attorney will proceed to negotiate a final project budget and
schedule based on an agreed upon scope of services.
7.4 It is anticipated at least one of the project deliverables will be in the form of a grant or
development application to an appropriate Federal or State funding source to aid in the
implementation of one or more of the project goals.
7.5 Acceptance of the final project deliverables will be within the purview of the Economic
Development Corporation II Board.
V/
Message
Page 1 of 1
Joerns, John
From:
Dolby, Michael
Sent:
Tuesday, October 03, 2006 11:15 AM
To:
Feazelle, Debra
Cc: Joerns, John
Subject: RE: 4b/lepc
Per economic development handbook " a promotional expenditure must advertise or publicize the city for the
purpose of developing new and expanded business enterprises" . It appears a market study for the hotel would
have to encourage or result in expanded business development.
LEPC filings - I do not understand.
Michael G. Dolby, CPA
Assistant Director of Finance
City of La Porte
(281) 470-5036
From: Feazelle, Debra
Sent: Tuesday, October 03, 2006 11:04 AM
To: Dolby, Michael
Cc: Joerns, John
Subject: 4b/lepc
1.can 4b pay for the market study for the hotel?
2.lepc filings, need to discuss mayors request.thx.d
10/3/2006
The South Seabrook Marine District Waterfront Development Study is the
result of an ongoing public dialogue and the perseverance of numerous in-
dividuals and groups. Special thanks are due to the many individuals and
groups recognized here. As implementation of improvements included in
this plan are undertaken, a continued commitment to success will be re-
quired by many citizens and community leaders. All those that took part in
the process of creating this document are encouraged to remain involved and
to become the champions of projects that will better the City of Seabrook.
Mayor
Robin Riley
Seabrook City Council
Mile Laible
Dee Wright
Rick Sammons
Peter Braccio
John Buhman
Gary Renola
Seabrook Economic Development Corporation II
Mayor Robin Riley
Mayor Pro Tem John Buhman
Bruce Dresner
Fred Tawil
Paul Dunphey
Ernie Davis
Marc Coody
South Seabrook Marine District
Bruce Dresner - Chair
Richard Tomlinson
Dee Wright
31
Acknowledgements
Waterfront Development Study Working Committee
Helene Barnett
Don Cline
Paul Dunphey
Thomas Kolupski
Cynthia Langford
Bo McDaniel
Frank Samperi
Gene Scott
Richard Tomlinson
Dee Wright
Draft Document 3-22-06
Final Document 6-8-06
Project Consultant Team
JJR
DEVELCii'MENT STRATEGIES"
COHMH&
Project Overview
5
Major Plan Elements and Principles
7
Potential Fiscal Benefits of New Development
9
Recommendations by Character District
17
Old Seabrook
17
Todville Road
21
The Point
23
The Marina District
29
NASA Parkway
33
Action and Implementation Strategies
39
Project Overview
With its location offering waterfront access on both Galveston Bay and
Clear Lake, the City of Seabrook is uniquely situated to provide a wide
variety of waterfront experiences for residents and visitors alike. Recent
plans, studies and surveys taken in Seabrook point to the developing
Seabrook's waterfront areas and providing public access to and along the
water as an objective of prime importance.
Development and public access, however, can be interpreted in many
different ways and no one document has looked at Seabrook's major
waterfront areas in a holistic manner. The planning process for the
Waterfront Development Study was designed to analyze a broad area
of Seabrook's prime water frontage within the context of its physical
characteristics, existing and probable future economic trends, anticipated
demographic changes, local, State and Federal regulations, adjacent land
uses and significant public input.
The resulting recommendations within this plan are intended to help
the city to work toward controlled redevelopment of waterfront lands
within a framework that will encourage shoreline protection, ecosystem
conservation and restoration, public access to the waterfront and a mix
of needed housing and commercial developments. The ultimate goal of
this plan and subsequent redevelopment of Seabrook's waterfront is to
bring new investment and revenue into the city, to attract new businesses
and to improve infrastructure such as streets and utilities while retaining
Seabrook's charm and qualities of southern coastal living.
This plan is not intended to be overly prescriptive in its recommendations,
but rather to form a development framework within which the EDC II and
City boards and commissions can operate in order to guide future public
and private developments throughout the South Seabrook Marine District.
In developing the recommendations in this plan, several key aspects
that affect waterfront development were analyzed and addressed. These
include:
• An economic market analysis that examined current local and
regional levels of development, current fiscal conditions and
future development potentials,
• Planning analysis of physical land -based conditions, current land
uses, zoning and potential future development zones
• Coastal engineering analysis of waterfront conditions and
parameters and regulations to be addressed during development
efforts
The planning area of this study is illustrated in the aerial photograph on
the opposite page and includes the major waterfront lands within the City
of Seabrook. This area is served by two State highways, major collectors
and a series of local streets. STH 146 serves as a major north -south route
between Houston and Galveston and NASA Parkway serves as major east -
west route linking Seabrook to Johnson Space Center, the western clear
lake region and Interstate 45. Second Street, Todville Road, Repsdorph
Road and Meyer Road all serve as major collector streets that serve the
areas within this study.
The study area has been divided into five character districts that align
with both geographic and existing land uses as illustrated on the opposite
page. These districts each have unique qualities related to their existing
or potential land uses, their proximity to the waterfront or roadways and
their zoning regulations. These character districts also offer the City
the opportunity to focus targeted improvement efforts within individual
districts and to follow guidelines or policies for each particular district.
The great majority of lands within the study area are at elevations that
range from 2' to 10' above the water levels of Galveston Bay and Clear
Lake. Most lands along the NASA Parkway corridor and lakefront are at
a level of 5' or higher, but most of the lands that include Old Seabrook,
Todville Road, the Point and the Marina District lie at elevations less that
5' above normal lake or bay levels. Shore edge conditions vary greatly
throughout the study area. While many areas along Clear Lake and in the
Marina district have been improved with vertical pile or riprap edgings,
shorelines in Old Seabrook and along Todville Road very greatly from
parcel to parcel and include a range of treatments including unimproved/
unprotected edges, improved beaches, riprap and vertical edges.
The Waterfront Development Study was initiated through the leadership
of the EDC II during the Spring and Summer of 2005. Project kickoff
meetings were held on August 11-13 2005 and were led by the design
team of JJR and Development Strategies Inc. This round of meetings
included a meeting with the EDC II to discuss project process and
milestones as well as a brainstorming session to identify goals and
objectives of the study and ideas of possible development patterns and
land uses. The meeting was attended by approximately 130 residents.
Individual meetings were also held with major land owners and
stakeholders within the study area. These meetings helped to inform the
project team of previous and ongoing development efforts and to discuss
ideas for the future of the South Seabrook Marine District. This time was
also used by the design team for site tours and investigations from both the
land and the water.
A second set of major project meetings was held from October 24-26, 2005.
These meetings were held to discuss alternative concepts and character
illustrations with the Working Committee, the EDC II, City Council and the
public. Based on feedback received in these meetings a consensus alternative
land use concept was developed for the study area.
After the development of refined character district concepts and
recommendations, a final set of project meetings was held March 22-24,
2006. A joint meeting of the EDC II, Project Working Committee and City
Council was held to review the draft study recommendations and to provide
feedback on refinements to be made to the final recommendations and
documentation.
Throughout the project process, teleconference meetings between the Project
Working Committee, EDC II and the design team were held to provide
updates on the project progress and to obtain feedback on recommendations.
Throughout the development of this plan, several parallel projects were
identified that would likely affect or be affected by this project. These
projects include:
STH 146 reconstruction planning by TxDOT
Status: Early phases of planning to expand STH 146 at the time of this
study with three alternatives being developed. For the alternatives and
recommendations of this plan, the TxDOT road alignment alternative
preferred by the City of Seabrook was used.
High rise residential development on Jennings Island
Status: Project was in the planning phase at the time of this study and this
plan includes an approximation of site illustrations provided to the design
team.
Mixed use development in Old Seabrook on the Upper Slough
Status: Project is in the planning phase at the time of this study and this plan
includes an approximation of site plans provided to the design team.
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Plan Principles and Highlights
Basic Principles for Waterfront Planning
and Development in Seabrook
Early in the project, a set of principles was established to guide both this
study process and its recommendations and to guide future development in
the South Seabrook Marine District. These principles are as follow:
• Build on Seabrook's Unique Character
• Achieve Sustainable Economic Development
• Emphasize Revenue -Producing or Federal/State
Funded Public Projects
• Improve Seabrook's Infrastructure
• Enhance the Natural Environment
• Improve Seabrook's Image and Identity
• Improve Visual Quality and Promote Civic Pride
• Encourage and Maintain Water -Dependent Uses
Along the Waterfront
• Create Corridors to Connect Districts, Recreational
Amenities and Public Spaces
Redevelopment of most areas within the South Seabrook Marine District
will not happen as one wholesale change, but rather, as a series of
incremental improvements over a period that will likely span several
decades. Good, long-range planning studies will accommodate this process
and stand the test of time when:
Clearly stated principles help guide City leaders in evaluating a
wide range of future development proposals,
• Recommendations include short, medium and long-term
improvement and implementation recommendations,
• Recommendations are not overly prescriptive and retain a degree of
flexibility that allows for change,
• An implementation plan identifies not only projects, but interim
tasks and responsible organizations or project champions.
Major recommendation headings for each district include the following.
Detailed recommendations are included within each district's document
pages.
Old Seabrook
• Enhance Old Seabrook's park and open space infrastructure
• Create a more walkable and pedestrian friendly Old Seabrook
• Develop a mixed use core within Old Seabrook that encourages a
mixture of retail, professional office and residential uses.
• Preserve areas of low density residences in Old Seabrook
• Concentrate higher density commercial uses along STH 146
• Create a civic campus for governmental and community services
Todville Road
• Improve the roadway infrastructure to incorporate a multi -use trail
along its full length
• Provide a public overlook access point at the termination of Second
Street
The Point
• Develop a central green space around which commercial activity can
thrive.
• Provide uninterrupted public access to the waterfront perimeter of the
Point.
• Create a habitat and recreation island that offers the Point and lower
Todville Road protection from storm events.
• Connect the Point to the Marina District and Old Seabrook via
pedestrian and multi -use trails.
• Expand Seabrook's marina facilities including both resident and
transient dockage.
• Enhance Walkability
Develop the Point as a mixed -use development.
Maintain the Fishing Fleet as a vital asset to the community.
Marina District
• Maintain marina services as the dominant land use in this district
with limited infill of residential and commercial development.
• Promote streetscape upgrades and a multi -use path connection to the
Point
NASA Parkway
• Enhance the entire NASA Parkway corridor through streetscape
enhancements and intersection improvements.
• Pursue the development of a high quality retail development south of
NASA Parkway and adjacent to STH 146.
M
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Potential Fiscal Benefits from New Development
Projected Scale of Future Development
Market analysis and land capacity analysis indicate that the South
Seabrook Marine District could support new and replacement real
estate development over the next ten years in the amounts shown on the
accompanying table.
• There could be an additional 690 housing units of various types,
but mostly likely in multi -family (condominium and apartment)
formats and as townhouses. NASA Parkway and the Marina
District would be the focus of housing growth, almost certainly in
higher density formats. Upper Todville Road and Old Seabrook
would most likely attract custom-built single family homes. Only
The Point would exclude housing.
There could be just over one million square feet of additional
retail space, most of it in the NASA Parkway corridor, especially
at the intersection of NASA Parkway and Highway 146 where
the NASA Parkway corridor abuts the Marina District. But The
Point can also support a large amount of retail space —including
restaurants and fish markets —to accommodate the tourism and
specialty shopping market. Old Seabrook's growth is anticipated
to favor small specialty shops and restaurants in character with the
slower pace of retailing there.
The NASA Parkway corridor is also a favored location for
office space and office parks that are consistent with similar
developments along the length of NASA Parkway from I-45 to
Seabrook. The corridor within Seabrook is projected to absorb
about 300,000 square feet over the coming decade. The rest of the
study area would not likely attract significant amounts of office
development.
Some of this development will be "net new" additions to the built
environment of Seabrook. Some, on the other hand, will certainly replace
obsolete structures. While it is almost impossible to determine specific
Sector
Residential
Units
Retail
Square Feet
Office
I Square Feet
NASA Parkway
320
600,000
300,000
The Point
-
425,000
-
Old Seabrook
25
17,000
Upper Todville Road
25
-
Marina District
320
-
TOTAL
690
1,042,000
300,000
properties that would be replaced by newer development, and therefore
almost impossible to determine the net change in housing and floor area,
it is clear that Seabrook's emergence as a tourism, employment, and
shopping destination will put pressure on some existing development to be
replaced.
The creation and replacement of real estate development in the South
Seabrook Marine District creates opportunities for increases in property
values and taxable sales, among other improvements in the local tax base.
The following analysis focuses on potential enhancements in the property
tax and the sales tax.
Ad valorem real estate taxes make up about 45% of Seabrook's city
revenues and sales taxes make up about 20%. These are the two "big"
sources of revenue. Using the latest data obtained from Seabrook,
the 2005-06 city budget anticipated that almost $2.7 million would be
obtained from the property tax while almost $1.2 million would come
from sales taxes. The total projected budget is $5.7 million for that fiscal
year.
To project the impact of the projected development on these two tax
sources, we simply assume a "straight-line" forecast over ten years for
each of the major development categories (residential, retail, office). That
is, one -tenth of the projected development would take place each year.
To this development are applied key value and sales assumptions, all
excluding effects of inflation (that is, all stated in 2006 dollars). All of
these assumptions are subject to change pending review by Seabrook
officials and others.
1. The average market value of new residential units in the NASA
Parkway and Old Seabrook sectors would be $250,000. The
average value along Upper Todville Road, however, would be
$400,000, and the Marina District average would be $375,000.
The blended average for all 690 units would be $313,400.
2. The average market value of retail and office property would be
$120 per square foot regardless of location.
3. Retail sales would average $275 per square foot in the NASA
Parkway corridor and on The Point. The average would be $225
per square foot in Old Seabrook. At full build -out, the weighted
average would be $274 per square foot.
4. Tax rates applied to these base numbers just for the city of
Seabrook are:
a. 60.9¢ per $100 of taxable real estate value (includes both
general fund and debt service fund).
b. 1.00% of retail sales.
Total taxes generated would be more than these rates imply because of
other taxing jurisdictions, such as the state, the county, and so forth.
These rates apply only to the city of Seabrook.
1 Taxable values for residential units are reduced 20% from
market value for homestead exemptions
After ten years, or full build -out of the projected development:
• Market real estate values for the projected development would
total almost $377.3 million (in 2006 dollars).
• Taxable real estate values would be $334.0 million after the
residential homestead reduction.
• Since most, if not all, of projected development will take place
on existing property that is already subject to ad valorem taxes,
the $334.0 million is reduced by an another 30%to determine
"net new" potential tax revenues after ten years.
• Total retail sales from the new development would be $295 7
million on an annual basis (again in 2006 dollars).
• Taxable retail sales are assumed to be 85% of this amount, or
$242.8 million, to adjust for tax-exempt sales.
These projections lead to the following potential tax revenues for the
city of Seabrook emanating from the projected development of the South
Seabrook Marine District alone after ten years of growth:
• $1.42 million per year in ad valorem taxes per year.
• $2.43 million in sales taxes per year.
Based on the most recent budget data for the city of Seabrook, ad
valorem tax revenues in 2006 dollars are about $2.7 million per year
while sales tax revenues are about $1.2 million per year. Projected
development as suggested for the South Seabrook Marine District could,
therefore, add about 50 percent more in property tax revenues per year
(after ten years) and about 100 percent more in sales tax revenues.
These totals are shown on the last page of this report. The five pages
prior to that show the tax base estimates for each of the five character
districts within the South Seabrook Marine District.
Sales Tat',;,"
Retail space in square feet
17,000
1,700
3,400
5,100
6,800
8,500
10,200
11,900
13,600
15.300
17,000
'ales per square foot
$ 225
"otalsales
'ax
$ 383,000 $
765,000
$ 1,148,000
$ 1,530,000
$ 1,913,000
$ 2,295,000
$ 2,678.000
$ 3,060,000 $
3,443,000 $
3,825,000
Exempt Sales
15%
"axableSales
85%
$ 326,600 $
650,300
$ 975,800
$ 1,300,500
$ 1.626,100
$ 1,950,800
$ 2,276,300
$ 2,601,000 $
2,926,600 $
3,251,300
;ity sales tax rate
1.00%
;ales taxes
$ 3,300 $
6,500
$ 9,800
$ 13,000
$ 16,300
$ 19,500
$ 22,800
$ 26,000 $
29,300 $
32,500
Total taxes generated $ 7,600 $ 15,100 $ 22,600 $ 30.100 $ 37,700 $ 45.200 $ 52,800 $ 60,300 $ 67,800 $ 75,300
Tax
A[1vAiWrh i+I2C1PER1ti"fAlf,W
Residential
New housing units 25 3 5 8 10 13 15 18 20 23 25
Average value home $ 400,000
Total residential value $ 1,000,000 $ 2,000,000 $ 3,000,000 $ 4,000,000 $ 5,000,000 $ 6,000,000 $ 7,000,000 $ 8.000,000 $ 9,000,000 $ 10,000,000
Homestead Reduction 20
Total taxable value $ 800,000 $ 1,600,000 $ 2,400.000 $ 3,200,000 $ 4,000,000 $ 4,800,000 $ 5,600 000 $ 6,400,000 $ 7,200,000 $ 8,000,000
Retail
New retail square feel - - - - - - - - - - -
Average value per SF $ 120
Total retail value $ $ $ $ $ $ $ $ $ $
Office
New office in square feet
Average value per SF $ 120
Total office value $ $ $ $ $ $ $ $ $ $
Total market value
$ 1,000,000
$ 2.000,000
$ 3,000,000
$ 4,000,000
$ 5,000,000
$ 6,000,000
$ 7,000,000
$ 8,000,000
$ 9,000,000
$ 10,000,000
Total taxable value
$ 800,000
$ 1,600,000
$ 2,400,000
$ 3,200,000
$ 4,000,000
$ 4,B00,000
$ 5,600,000
$ 6.400,000
$ 7.200,000
$ 8,000,000
City property tax rate
0.608236%
Total property taxes
$ 4,900
$ 9,700
$ 14,600
$ 19,500
$ 24,300
$ 29,200
$ 34,100
$ 38,900
$ 43,800
$ 48,700
Reduction for existing taxes
30
Net new property taxes
$ 3,400
$ 6,800
$ 10,200
$ 13,700
$ 17,000
$ 20,400
$ 23,900
$ 27,200
$ 30,700
$ 34,100
Retail space in square feet
Sales per square foot $
Total sales $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Tax Exempt Sales 15%
Taxable Sales 85% $ - $ - $ - $ - $ - $ - $ - $-
City sales tax rate 1.00
Sales taxes $ $ $ $ $ $ $ $ $ $
7otaltaxes generated $ 4,900 $ 9,700 $ 14,600 $ 19.600 $ 24,300 $ 29,200 $ 34,100 $ 38.900 $ 43,800 $ 48,700
Tax
Residential
New housing units - - - - - - - - - - -
Average value home $ 200,000
Total residential value $ - $ - $ - S - $ - $ - $ - $ - $ - S Homestead Reduction 20%
Total taxable value $ $ $ $ $ $ $ $ $ $
Retail
New retail square feet 425,000 42,500 85,000 127,500 170,000 212,500 255,000 297,500 340,000 382,500 425,000
Average value per SF $ 120
Total retail value $ 5,100,000 $ 10,200.000 $ 15,300,000 $ 20,400,000 $ 25,500,000 $ 30,600,000 $ 35,700,000 S 40,800,000 $ 45,900,000 $ 51,000,000
Office
New office in square feet - - - - - - - - - -
Average value per SF $ 120
Total office value $ $ $ $ g $ $ $ $ $
Total market value
$
5,100,000 $ 10.200.000
$ 15,300,000
$ 20,400,000 $ 25,500,000 $ 30.600,000 $
35,700,000 $
40,800,000 S
45,900,000 $
511,000,000
Total taxable value
$
5,100,000 S 10,200,000
$ 15,300,000
$ 20,400.000 $ 25,500,000 $ 30.600,000 $
35,700,000 S
40,800,000 $
45,900,000 $
51,000,000
City property tax rate
0.608236 %
Total property taxes
$
31,000 $ 52,000
$ 93,100
$ 124,100 $ 155,100 $ 186,100 $
217,100 S
248,200 $
279,200 $
310.200
Reduction for existing taxes
30 %
Net new property taxes
$
21,700 $ 43,400
$ 65,200
$ 86,900 $ 108,600 $ 130,300 $
152,000 $
173,700 $
195,400 $
217,100
Retail space in square feet
425,000
42,500 85,000 127,500 170,000 212,600 255,000
297,500
340,000
382,500 425,000
Sales per square toot
$ 275
Total sales
$ 11,688,000 $ 23,375,000 $ 35,063,000 S 46,750,000 S 58,438,000 $ 70,125,000 $
81,813,000 $
93,500,000
$ 105,188,000 $ 116,875,000
Tax Exempt Sales
15 %
Taxable Sales
85%
$ 9,934.800 $ 19,868,800 S 29,803,600 3 39,737,500 $ 49,672,300 $ 59,606,300 $
69.541,100 $
79,475,000
$ 89,409.800 S 99,343,800
City sales tax rate
1.00%
Sales taxes
$ 99,300 $ 198,700 3 298,000 $ 397,400 3 496,700 $ 598,100 $
695,400 $
794,800
S 894,100 $ 993,400
Total taxes generated $ 130,300 $ 260,790 $ 391,100 $ 521,500 $ 651,800 $ 782,200 $ 912,500 $ 1,043,000 $ 1,173,300 $1,303,600
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Tax Projections Seabrook
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Residential
New housing units 320 32 64 96 128 160 192 224 256 288 320
Average value home $ 375,000
Total residential value $ 12,000,000 $ 24,000.000 $ 36,000.000 $ 48,000.000 $ 60,000,000 $ 72,000,000 3 84,000,000 $ 96,000,000 $ 108.000,000 $ 120,000,000
Homestead Reduction 20 %
Total taxable value 3 9,600,000 $ 19,200,000 $ 28,800,000 $ 38,400,000 $ 48,000,000 $ 57.600.000 3 67,200,000 $ 76,800,000 $ 86,400,000 $ 96,000,000
Retail
New retail square feet -
Average value per SF $ 120
Total retail value $ $ $ $ $ $ $ $ $ $
Office
New office in square feet
Average value per SF $ 120
Total office value $ $ $ $ $ $ $ $ $ $
Total market value
$ 12,000,000 $
24,000.000 $
36,000,000
$ 48,000,000 $
60,000,000 $
72,000,000
3 84,000,000 $
96.000,000 $
108,000,000
$ 120,000,000
Total taxable value
$ 9,600,000 $
19.200,000 $
28,800,000
$ 38,400,000 $
48,000,000 $
57,600,000
$ 67,200,000 3
76,800,000 $
86,400,000
$ 96,000,000
City property tax rate
0.608236 %
Total property taxes
$ 58,400 $
116.800 $
175,200
$ 233,600 $
292,000 $
350,300
$ 408,700 $
467,100 $
525,500
$ 583,900
Reduction for existing taxes
30 %
_
Net new property taxes
$ 40.900 $
81.800 $
122,600
$ 163,500 $
204,400 3
245,200
$ 286,100 $
327,000 $
367,900
$ 408,700
Sales Tax -. .
Retail space in square feet
Sales per square foot $ 275
Total sales $ _ $ - $ _ $ _ $ - $ _ $ _ $ _ $ $
Tax Exempt Sales 15 %
Taxable Sales 85 % $ - $ - $ _ $ _ $ _ $ $ _ $ $ - $ _
City sales tax rate 1.00%
Sales taxes $ $ $ $ $ $ $ $ $ $
Total taxes generated $ 58,400 $ 116,800 $ 175,200 $ 233,600 $ 292,000 $ 350,300 $ 408,700 $ - 467,100 $ 525,500 $ 583,900
Is
ousing units 320 32 64 96 128 160 192 224 256 258
'go value home S 250,000
residential value $ 8,000,000 3 16,000,000 S 24.000,000 3 32.000,000 S 40.000,000 3 48,000,000 S 56,000,000 S 64,000,000 S 72.000,000 S 80,00f
:stead Reduction 20%
Imtable value $ 6,400,000 S 12 800,000 S 19,200,000 $ 25.600.000 S 32,000 000 3 38A00,000 $ 44,800 000 5 51,200.000 $ 57,600 000 $ 64,00f
Mail square feet 600.000 60,000 120,000 180,000 240.000 300,000 360,000 420,000 480,000 540,000 600,000
to value per SF $ 120
etail value $ 7 200 000 S 14,400.000 $ 21.600.000 S 28,800,000 $ 36 OOD 000 S 43,200,000 $ 50.4110.000 S 57.600.000 S 64 800.000 S 77 nnn nnn
T
fficew office In square feet 300,000 30,000 60.000 90,000 120.000 150.000 130.000 210,000 240,000 270,000 300,000
verage value per SF 3 12D
otal office value $ 3,600,000 5 7.200 000 3 10.800.000 $ 14 400.000 S 18 000,000 3 21 600,000 3 25,200,000 S 28,800,000 $ 32 400.000 $ 38 000,000
Total market value
Total tmtabla
$ 13.800,000 S
37,600,000 S
56,400,000 $
75,200,000 S
94.000,000 3
112.800,000 3
131,600.000 S
150.400000 $
168,200.000 3
188,555,555
value
City property tax to
S 17,200,000 S
0.608236%
34,400,000 S
51,600,000 $
68.800.000 3
86.000,000 S
103,200.000 S
120,400.000 S
137,600:000 $
154,800,000 $
172,OOO,D00
Total property taxes
Reduction for existing taxes
$ 104,600 S
30%
209,200 S
313,800 $
418,500 5
523,100 $
627,700 $
732,300 S
836,900 $
941,500 S
/046,200
Net new roe faces
$ 73.200 $
148 400 3
219 7DO $
293 000 $
366 200 5
439,400 g
512 600 $
585 800 S
659 100 3
732 J00
SALES TAXES• r .,
Retail space in square feet
600,000
60,OD0
120,000
180,000
240.000
300.000
360,000
420,000
480,000
540,000
Sales per square foot
3 275
600,000
Total sales
Tax Exempt Sales
3
15%
16.500,000 $
33,000.000 3
49,500,000 $
66.000,000 3
82,5011,00D $
99.000,000 S
115.500,000 5
132.000,000 $
148.500.000 $
165,00D.000
Taxable Sales
City sales tax to
85% $
1.00%
14,025,000 $
28,050.000 $
42,075,000 g
56,100,000 S
70,125,000 3
84.150,000 S
98.175,000 $
112,200.000 $
126.225,000 S
140.250,000
Sales taxes
5
140300 S
280,500 S
420800 3
561000 $
701300 $
841.500 $
981800 $
1,122000 S
7262.300 5
1,402500
Lral taxes generated $ 244 900 S 489,700 3 734,600 $ 979,500 S 1,224,400 $ 1,469,200 S 1,714,100 $ 1 95B 900 $ 2 207 800 3 2 448 700
Residential
New housing units 690 69 138 207 276 345 414 483 552 621 690
Average value home S 313,400
Total residential value $ 21.625.000 $ 43.250,000 $ 64,375,000 $ 86.500.000 $ 108,125,000 $ 129,750,000 $ 151,375,000 $ 173,000.000 $ 194,625,000 $ 216,250,000
Homestead Reduction 20%
Total taxable value $ 17,300,000 S 34,600,000 $ 51,900,ODD S 69,200,000 S 86,500,000 $ 103,800,000 $ 121,100,000 E 138,400,000 $ 155,700,000 E 173,000,000
Retail
New retail square feet 1,042,000 104,200 208,400 312,600 416,800 521,000 625,200 729,400 833,600 937,800 1.042,000
Average value per SF $ 120
Total retail value $ 12,504,000 $ 25,008,000 $ 37,512,000 $ 50,016,000 $ 62,520,000 $ 75,024,000 S 87,528,000 $ 100,032.000 $ 112,536.000 $ 125,040,000
Office
New office in square feet 300,000 30,000 60,000 90.00D 120,000 160,000 180.000 210,000 240,000 270,000 300,000
Average value per SF $ 120
Total office value $ 3,600.000 $ 7.200,000 $ 10,800,000 $ 14.400,000 $ 18,000,000 S 21.600.000 $ 25,200,000 $ 28 800,000 S 32,400,000 3 36'000.000
Total market value
$ 37,729,0D0 S
75,458,000 6
113,187.000 $
150,916,000 $
188,645,000
$ 226,374,000
$ 264,103,000 $
301,832,000
$ 339,561,000
$ 377,290,000
Total taxable value
$ 33,404,000 S
66,808,000 $
100,212,000 $
133,616,000 3
167,020.000
$ 200,424,000
$ 233 828,000 $
267,232,000
$ 300,636,000
$ 334,040,000
City property lax rate
0.603236%
Total property taxes
$ 203,200 $
406,300 3
609,500 $
812,800 $
1,015,900
3 1.219,000
$ 1,422,200 $
1,625,400
$ 1,826,500
$ 2,031.800
Reduction for existing taxes
30%
Net new property taxes
$ 142,200 $
284,400 $
426,700 $
569,100 $
711,200
$ 853,300
$ 995,600 $
1,137,700
$ 1,260,100
$ 1,422.200
Retail space in square feet
1.042,000
104,200
20B,400
312,600
416,800
521.000
625,200
729,400
833,600
937,800
1,042,000
Sales per square foot
$ 274
Total sates
$ 28,571,000 3
57,140,000 $
85,711.000 $
114,280,000 $
142,851,000 $
171,420.000 $
199,991.000
$ 228.560,000 $
257,131,000 $
285,700,000
Tax Exempt Sales
15%
Taxable Sales
85%
S 24,285,400 $
48,569,100 $
72,854,490 $
97,138,000 $
121,423,400 $
145,707,100 $
169,992,400
$ 194,276,000 $
218.661,400 $
242,845.100
City sales tax rate
1.00 %
Sales taxes
$ 242,900 $
485.700 $
728,600 $
971,400 $
1,214,300 $
1,457,100 $
1,700,000
S 1,942,800 $
2185,700 $
2,428,400
Total taxes generated S 242,900 $ 485,700 $ 728,600 $ 971,400 $ 1,214,300 $ 1,457,100 $ 1,700,000 $ 1.942.800 $ 2,185,700 :$: 2.428,400
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Old Seabrook
The area known as Old Seabrook lies east of STH 146 and includes the
lands bordering the west side of the upper and lower sloughs. Second
Street serves as this district's primary thoroughfare providing access and
opportunities for the greatest visibility and identity. The small -scaled
blocks, narrow tree -covered road sections and unique combination of
civic, commercial and residential uses in this area create an environment
that is reminiscent of a small town center. This small town feel should
be retained as Seabrook's waterfront areas continue to be developed and
renovated. Careful attention should be paid to ensure that future devel-
opments respect the human -scaled environment of Old Seabrook. The
recommendations for this district are intended to accentuate the walkabil-
ity of the area and to cluster development in order to bring an even better
cohesiveness to Old Seabrook. These recommendations include -
Create a signature civic square along Second street that serves
as a central gathering place and a hub around which commercial
activity can be developed.
Create a memorable entry to Old Seabrook at the intersection
of Second Street, NASA Parkway and STH 146 by creating
a cohesive set of parcel -comer greenspaces that serve as a
memorable gateway to Old Seabrook and include wayfinding,
public art and entry signage.
• Develop boardwalks and habitat viewing trails that connect
Old Seabrook to Todviile Road and the Point and that cross the
Seabrook sloughs via a series of habitat islands.
Mixed Use
SECOND STREET ENHANCEMENT
• Provide sidewalks on both sides of Second Street and along both
Hardesty and Hall streets.
• Implement a street tree planting program throughout the district to
augment existing street trees.
• Include public access boardwalks and overlooks as a part of mixed
use waterfront developments that border the Seabrook sloughs
• Enhance the shoreline along Second Street between the sloughs
with additional pedestrian amenities.
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The Second Street corridor should be developed as a
walkable destination with a mixture of primarily small retail,
professional office and lodging establishments. Care should
be taken to design infill developments and renovations to
maintain structures at the street frontage and to locate parking
areas, where needed, in the rear or along the sides of buildings.
Outdoor dining areas are encouraged to be developed as a part
of restaurant or cafd developments.
• An important part of Old Seabrook's image is its many quiet
streets and quaint homes that evoke the image of southern
coastal living. This residential pattern should be maintained
through preservation of existing signature homes and careful
redevelopment throughout Old Seabrook that honors the scale,
choice of materials and detailing found among many of the
structures in Old Seabrook.
• High density commercial development, while not
recommended in the interior portions of Old Seabrook or
along the Second Street corridor, can take advantage of the
roadway frontage along STH 146. With reconstruction to
STH 146 currently being planned by TxDOT, infrll of these
parcels should be undertaken after roadway improvements are
finalized.
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• To take advantage of the existing cluster of civic buildings in Old
Seabrook that includes City Hall the Meeting House and the Post
Office, new civic buildings that are needed should be sited in this
area. Any additions and remodeling of the Post Office should
rethink the parking and building entry and how those elements
relate to Second Street.
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Todville Road
This study includes the section ofTodville Road that stretches from Ham-
mer Street to the north down to Waterfront Street on the Point. Areas
north of Second Street are typically known as "Upper" Todville Road,
while areas from Second Street to the Point are referred to as "Lower"
Todville Road. This corridor is bounded by the upper and lower Seabrook
Sloughs to the west and Galveston Bay to the east, creating a narrow strip
of land that is in most areas, only two parcels wide. Recommendations for
the Todville Road character district include:
• A 10' wide paved multi -use trail is recommended along the east
side of the roadway within the current Right of Way. This trail
can provide linkages to wetland boardwalk trails in the upper and
lower sloughs and to both Old Seabrook and the Point.
• Improvements to the roadway should include moving existing
overhead utilities to underground and incorporation of storm
sewers under or adjacent to the multi -use trail.
• A projecting breakwater structure will be required to control sand
and sediment transport down the Todville Road shoreline through
littoral drift. This structure should be constructed in conjunction
with a proposed island near the point.
• A public overlook should be incorporated into this structure as
both a terminating focal point along Second Street and as a point
of public access on Galveston Bay This feature should tie into the
multi -use and boardwalk trail system proposed and could include
interpretive elements that highlight Galveston Bay.
Average Building yuwdvem•m. 2 Travel Lanes
TODVILLE ROAD PROPOSED CROSS-SECTION Setback rtsa«san
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The Point
The Point
The Point is Seabrook's most unique waterfront land feature and holds
great promise for positive economic development efforts to enhance the
area. The Point is located at the termination of Todville Road and com-
prises an area of approximately 35 acres. Throughout the past several
decades the Point has been home to part of the area's shrimping fleet
and seafood wholesale and retail operations. The Point is also home to a
Pappadeaux's restaurant, bed and breakfast establishments and several bar
and grill establishments. While there is currently retail and commercial
activity on the Point, large portions of the area are underutilized or are in
a dilapidated state. Additionally, roadway, utility and shoreline protection
infrastructure has received little attention in recent years and as a result,
flooding and utility failures have become common. These negative aspects
combine to form a disincentive for development on this prime collection of
waterfront parcels.
Directly across Clear Creek from the Point lies the Kemah Boardwalk
development that includes retail, entertainment and dining establishments.
While its entertainment -focused themes may be different that those desired
for the Point, it can be looked to as a successful waterfront redevelopment
from which Seabrook can use to inform its own redevelopment efforts.
Some of these elements include the continuous boardwalk edge, integrated
parking structures, architectural designs that include sacrificial first floor
spaces and the inclusion of generous exterior gathering spaces.
and Pirate Island) to the north and east and that was at one time connected
to the Kemah side of Clear Creek. As a result of suhgirlrn a 1 ii
Alicia, the island disappeared. The loss of this barrier island has meant
loss of wave and storm surge protection for the lower Todville and Point
area shorelines. An important factor in the redevelopment of the Point
will be it level of susceptibility to storm events. If reasonable protection
on long-term economic sustainability. The recommendations in this plan
include both land based infrastructure upgrades and water -based protec-
tion structures to help solidify this area's economic status.
The recommendations in this plan aim to create a unique environment that
combines the working waterfront of the shrimping and seafood industry
with a blend of retail, commercial, marina and recreation activities.
As a part of improvements to Waterfront Street that include
reconstruction of the roadway to a 40' cross-section and
underground utilities, a four block central greenspace can be
developed adjacent to the road. This central green can form
a civic open space around which a diverse mix of commercial
activities can be developed. Due to storm surge protection
requirements, many commercial activities will need to be located
on the second floor. Connections to adjacent buildings and streets
can be achieved through careful design of bridge connections,
elevator access and, where needed, integrated ramps.
Every effort should be made during redevelopment efforts to
retain the working shrimp fleet and associated retail seafood
markets. These markets offer a uniqueness and authenticity
districts. Through thoughtful site design and an understanding of
the needs of the seafood markets, retail operations and customers,
a clean and safe environment can be created. Examples of this
mix of working waterfront and public retail development include
GranVille Island in Vancouver, Seattle's Pike Place Market and
San Francisco's Fisherman's Wharf.
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• Destination retail
• Destination seafood markets
• Lodging
• Water recreation
• Maintain the Fishing Fleet as a vital community asset.
The Point
P
• The creation of a public boardwalk edge, with access to
commercial and retail establishments and marina activities will
give visitors prime water views and will allow safe interactions
with the working waterfront and marina activities.
• The dual purpose of the proposed off -shore island complements
two desires expressed for future developments along Seabrook's
waterfront; protection from storm events and the expansion of
Seabrook's wetland bird and fish habitats.
• The island is proposed to be connected to the Point via a series
of wetland islands and a raised boardwalk. Facilities on the
island could include a boardwalk edge, Galveston Bay overlooks
and created habitat demonstration project areas. While active
recreation facilities are possible on the island, they should be kept
away from sensitive habitat areas. This island could become a
centerpiece for Seabrook's ecotourism activities and a regional
tourist draw.
• Continued emphasis should be given to providing pedestrian and
multi -use path connections throughout Seabrook's waterfront
areas. A perimeter boardwalk and habitat island boardwalks
offer the opportunity to connect to the marina district and Old
Seabrook.
J_.,o! J:. . < ' z
• The proposed habitat and protection island offers the opportunity
to create a protected quiet water basin that can hold new marina
facilities in Seabrook. This dredged basin can open on the
existing channel at Clear Creek and could accommodate between
300-350 slips. As a part of the redevelopment of the Point as a
regional commercial and tourism draw, transient dockage should
be included within the design of the marina. The marina should
include services such as a fuel dock, ship's store, administration
building and clubhouse, showers and laundry and parking.
• Provide strategic locations for public parking structures and street
parking to encourage walking.
• Encourage water taxi service
• Provide transient dockage
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Marina District
Seabrook's Marina District is an area that is nearly fully developed and
is dominated by in -water boat marinas housing both power and sail craft.
The area includes lands adjacent to STH 146 and south of NASA Parkway
and also includes Jennings Island. Though much of the land within the
district is in active marina use, several parcels in the district are available
for development or redevelopment. The following recommendations are
intended to promote a more diversified district with greater amenities and
opportunities for economic growth:
• Develop additional marina facilities adjacent to STH 146 east of
the existing Blue Dolphin Marina. This area has the potential to
add an additional 150-200 in -water slips to the district.
• Encourage limited infill of commercial developments within the
district. Restaurant development on Jennings Island can create
a dining destination both from drive in customers and through
transient dockage for boaters.
• Jennings Island includes a parcel that is currently being planned
for a high-rise residential development. This usage is consistent
with the recommendations of this plan. Careful site design should
include upgrades to the entry roads leading to this site.
• A mid -rise to high-rise mixed use development is recommended
to the north of the recommended new marina development.
This development holds the opportunity to tie into retail and
commercial developments recommended to the north along NASA
Parkway as well as the opportunity to include marina amenities
for residential tenants if it is developed in conjunction with the
marina. Land to the east of this development is recommended
to include surface parking or a parking structure to serve both
this mixed use development and the retail and commercial
Residential townhouse development is recommended along
Lakewood Road to serve as an improved entrance to the district
and to promote higher density marina linked residential living.
r
Recommended improvements to the Point and to the restaurant
developments on Jennings Island hold the promise of creating
a much more vibrant connection between these two districts.
Enhanced pathway connections for walkers and bicyclists and
upgraded streetscaping and wayfinding elements along Shipyard
Drive.
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NASA Parlrway
NASA Parkway serves as Seabrook's prime commercial corridor and as
an important east -west connection between STH 146, the western Clear
Lake region and Interstate 45. This corridor holds the opportunity for
several infill development and redevelopment projects that can absorb
sizable portions of retail, mixed use and residential capacities outlined in
the market analysis portion of this study. This corridor, being a gateway to
the City of Seabrook, is in need of streetscape improvements that will aid
in attracting new development. Recommendations for the NASA Parkway
Corridor include:
• Develop streetscape and building faFade design guidelines for
the full corridor in cooperation with TxDOT. Guidelines should
identify opportunities for landscaped medians, terrace plantings
and trees, gateway intersection opportunities and guidelines for
building facades and parking areas.
• Implement center median and terrace improvements along the full
corridor within the Seabrook City limits. Medians should take the
place of the existing center turn lane and should be designed to
include appropriate breaks for turning movements or cross streets.
• Implement intersection improvements that include beautification
and wayfinding elements at Repsdorph Road and STH 146
NASA PARKWAY
BOULEVARD ENHANCEMENT
Encourage infill development of parcels that include higher density resi-
dential and mixed use developments.
qt Z
Ensure that views to Clear Lake are maintained in each
development along the waterfront.
• Asa part of mixed use and commercial developments, provide
public access to and along the waterfront through plazas or
boardwalks wherever possible.
Economic market analyses point to the ability of this area
of Seabrook to accommodate significant retail commercial
developments. This area, located near the central "hub" of
Seabrook at the intersection of NASA Parkway/STH 146/Second
Street is in a prime location for an upscale retail development.
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Action and Implementation Strategies
implementation of a plan.such as this requires both diligence and patience.
The breadth of work to be accomplished and the associated costs can
be challenging to any community, but they are attainable through a
systematic approach and to the adherence by all parties of the plan as a
central guiding vision.
This plan has proposed a set of location -specific ideas within the five
character districts studied. In order to accomplish these development
ideas, individuals and groups from across the Seabrook community will
need to be actively involved. Individual projects will likely need to be
reviewed by multiple members of City staff, boards and commissions and
both State and Federal agencies. The matrix within this section outlines
major projects that are recommended within this plan and includes
specific tasks to implement the project, responsible organizations or
project champions and potential funding sources. These implementation
steps do not include every step to be taken or group responsible for each
project, but rather give an outline of major milestones or critical elements
that will help make each project a success. These major projects are listed
in a hierarchical order with the priority projects listed first within each
character district.
It is important to note that much of the funding for these projects will
likely need to be obtained from Federal, State and local grant programs.
In order for the City of Seabrook to adequately track potential grants, their
applicability to projects in Seabrook, and their submission requirements,
it is recommended that a City staff member or committee be charged with
coordinating this information on an ongoing basis.
Two potential incentive and fund raising mechanisms that could be
utilized by the City as it attempts to encourage and implement quality
developments include the creation of Special Management Districts and
the concept of wetland mitigation banking. Special Management Districts
include the creation of a special taxing entity in which an improvement
district is delineated and a small additional percentage of tax is collected
on all goods and services within that district. These funds are then
available for the purpose of making improvements to that district without
the need to compete with othe areas of the community. Primary locations
for the creation of special management districts include Old Seabrook and
The Point.
The project can also provide an important mitigation banking site for
use by government entities in and around Seabrook. Mitigation banking
could provide an "advance compensation" for future development
projects in Seabrook that would affect small wetland areas. A larger
scale habitat bank such as the proposed island would serve to mitigate
the development impacts of numerous important smaller projects that are
desired in Seabrook but are limited by small habitat impacts. A wetlands
mitigation banking master plan should be undertaken by the City to define
appropriate banking sites and to outline the process and financial realities
of the creation of wetland mitigation banks.
Finally, many projects and their associated grants will need regional
endorsement. Whether that is from regional Federal agencies, State
agencies or the endorsement of the Council of Governments, positive
working relationships will need to be created or maintained at all levels of
City government with these agencies and organizations.
Relationships to existing zoning within the study area
While the land use recommendations and development concepts
within this plan do not explicitly state specific uses or structural forms,
nonetheless, these plans must be able to be successfully implemented
within City zoning regulations. In reviewing existing zoning districts
included within the study area, most existing zoning classifications
will allow the implementation of recommendations in this plan. For
the purpose of this study, the "Standards for High Rise Development"
(01105105 Revision) have been used in this analysis. It is understood that
these standards apply to the MMU district and the WAD.
Changes to current zoning regulations that should be considered by the
City in order to implement portions of these recommendations include:
• A small area of medium density commercial zoning exists south
of NASA Parkway and west of Lakeside Drive. This should be
rezoned to either Waterfront Activity District (WAD) or Marine
Oriented Mixed Use (MMU).
The MMU district currently includes all of the land that
encompasses the Point. Under the "Standards for High Rise
Development" this area would allow buildings unlimited height
with a conditional use permit. In order to support the character
of the Point as proposed in this plan, it is recommended that this
become it's own zoning district and include height restrictions of
five to six stories. This creation of a new zoning district would
also allow the City to craft a clearer vision of the uses intended
at the Point through zoning, similar to the approach used for the
Waterfront Activity District.
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i .esr
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Action and Implementation Strategies
Overall District
Approve Waterfront Development Plan
Working Committee and EDC G to review and adopt
Administrative
Working Committee and EDC S
Determine organizational structure for further
development and implemertt-of Waterfront
1. Organize tour andfor review of other communities
Administrative
Mayor and Working Committee
Development Plan
2. Assess alternatives for organizational structure: public -private non -profs IAdministrative
Mayor and Working Committee
foundation or corporations, etc.
3. Establish recommendation for City Council review and approval
Administrative
Mayor and City Council
Develop and maintain public relations
1. Create web site, executive summary and graphic for distribution
Promotional
EDC 11
2 Develop and broadcast public television programming to promote SSMD
Promotional
EDC 11
3. Develop and schedule public presentations and events to promote SSML1
Promotional
EDC II. Mayor and City Council
Develop overall public access and pedestrian
1 Develop consistent policies and review process for new development
P pr pment
Administrative
EDC II and C' ay Council
network plan
2. Develop incentives and programs for privately owned property
Administrative
EDC II and City Council
3. Establish recommendations for City Council review and approval.
Administration
EDC II and City Council
Develop specific design guidelines for each sub-
dist ict: Old Seabrook 7ociville Road, The Point,
1. Prepare consistent design character and urban planning criteria
Administrative
EDC II and Working Committee
Manna District, NASA Parkway
2. Develop policy, review and approval process
Administrative
EDC II
3. Establsh recommendation for City Council review and approval
Administrative
Mayor and City Council
Develop ant process to encourage private
Develop user-friendly review and approval process
Promotional
Mayor and EDC If and City Council
development
CLAP, TIF District, Creation of
Om Seabrook
Catalytic Projects
1. Purchase and develop public green
Design
Parks and Roo Board and City Council
Special Management District
Construction
Parks and Rec Board. Eco-tourism Committee,
CLAP, GLO. TPW,
2 Develop boardwalks and environmental enhancement of sloughs
Management
Wetlands Advisory Board and City Council
Environmental NGOs
3. Develop entry green gateway along Second Street at STH 146 in conjunction
Design
Public Works, Planning 8 Zoning and City Counci
CLAP, Environmental NGOs
with TxDOT project.
4. Develop publicly accessible boardwalks and overlooks as apart of private
Long-term
EDC 11, Planning & Zoning and City Council
developments bordering the sloughs
Management
5. Upgrade utilities
Administration
Public Works and City Council
6. Identify and prioritize private development opportunities that could serve as
Long-term
private catalytic projects. Establish dialogue with land owners to explore
Management
EDC II, Planning 8 Zoning and City Council
incentives foT redevelopment
TxDOT Enhancement
7 Enhance streetscape along Second Street
CorroVuction
Planning & Zoning, Public Works and City Council
Program, Creation of Special
Management
Management District
TxDOT Enhancement
S. Enhance streefscape along Hardesty and Hall Streets
Construction
Planning & Zoning, Public Works and City Council
Program, Creation of Special
Management
Management District
9. Allow high density commercial along STH 146 Edge
Administration
Planning & Zoning and City Council
10. Redevelop civic campus centered around City Hall
Long-term
Management
Planning & Zoning and City Council
impact Assistance Program (General land Office)
Texas General Land Office
Harris County Flood Control District
Texas Department of Transportation
Texas Parks and Wildlife
Texas Commission on Environmental Quality
U.S. Army Corps of Engineers
Non -Governmental Organization
(Examples include organizations such as the Audubon Society,
Sierra Club, Nature Conservancy, Civic clubs such as Rotary
and lions and foundations such as the Kresge Foundation and
Action and Imp/eme17tatiorr Strategies
ffi
TxDOT Transportation
�idwNk'7kA0-'
Catalytic Projects
1. Improve road and incorporate recreational path
Engineering and
Public Works, Parks and Rec Board and City
Construction
Council
Enhancement Program,
FEMA__
2. Remove and bury overhead wires
Engineering
ineering and
Public Work and City Council
Local Utilities
-
Construction
u
3. Assess shoreline existing condition and recommend shoreline protection
Design
Parks and Rec Board and City Council
USAGE, TCEQ
The Point
Catalytic Projects
1. Promote and support existing redevelopment projects
Administration
EDC II and City Council
2. Prepare Point redevelopment plan that reaches consensus between major
Planning
Creation of Special
land owners and the City on a refined vision for the Point
EDC 11 and City Council
Management District
3. Work with fishing fleet to integrate new mused -use development and to identify
short, mid-term antl long-term goals for the integration of the fleet on the Point
Planning
EDC 11 and City Council
4. Assess and improve utilities and streets
Engineering
Pubic Works
5. Prepare memorandum to detail proposed Wand project for consideration as a
part of the Harris County Flood Control District project on Clear Lake
Planning
EDC II and City Council
6. Budd new island and boardwalk connection
Engineering
EDC II, Parks and Rec Board, Wetlars Advisory
HCFCD, UASCE, US Fish and
Board, Ecotourism and City Council
Wildlife, CLAP, NGOs
7 Develop perimeter public boardwalk
Engineering
Planning & Zoning and City Council
HCFCD, CLAP, TPW.
Environmental NGOs
S. Develop transient and full -service marina
Construction
EDC 11, Planning & Zoning and City Council
Boating Infrastructure Grant
9. Develop public parking facility
Construction
Planning & Zoning and City Council
Creation of Special
-
Management District
Mad. tertdot
catalytic Projects
1. Prepare Marina District redevelopment plan that reaches consensus between
major land owners and the City on a refined vision for the Marina District
Planning
EDC II antl City Council
2. Prepare a public realm enhancement plan that Includes the deveiepmenl of
-
public access guidelines to be implemented as future improvements are made
Long Term
parks and Rec Board. EDC II
to private properties
Management
-
3. Develop public bike path connection to the Point
Engineering
Planning and Zoning Commission
TxDOT Transportation
Enhancement Program
4. Develop public access and overlook at Clear Creek stormwater outflow pool
Construction
Management
parks and Rec Board and City Council
HCFCD
5. Support development of new private marina basin
Administration
EDC IL and City Council
6. Develop canoetkayak port
Construction
Management
parks and Rec Board and City Council
US Fish and Wiltlltte, TPW,
Emironmental NGOs
7 Encourage restaurant development with transient dockage
Administration
EDC II and City Council
;3tAA PaxA+vAY',
Catalytic Projects
1. NASA Parkway streetscape and intersection improvements
Administration
TxDOT, City -Appointed Steering Committee and
TxDot Enhancement Program
,:..
Planning & Zoning .,. ,...
2. Develop gateway structures
Planning
TxDOT, City -Appointed Steering Committee and
Plannina & Zoning
TxDat Enhancement Program
3. Identify and prioritize redevelopment ales
Design
EDC It and City Council
4. Prepare redevelopment plans for priority sites
Desgn
EDC 11, Planning & Zoning Commission and City
Council
5. Develop public overlook antl waterfront access guidelines to be implemented
as future improvements are made to private properties
Planning
Parks and Rec Board, EDC 11 and City Council
stal Impact Assistance Program (General Land Office)
as General Land Office
's County Flood Control District
as Department of Transportation
as Parka and Wildlife
as Commission on Environmental Quality
Army Corps of Engineers
.Governmental Organization
imples include organizations such as the Audubon Society,
ra Club, Nature Conservancy, Civic clubs such as Rotary
Lions and foundatiore such as the Kresge Foundation and
I took the liberty of making copies of the 2006 Economic Development Handbook that
address project eligibility.
Thank you
Michael G. Dolby, CPA
City of La Porte
f. The Sales Tax for Economic Development
Cities that have passed both a Section 4A and a Section 4B Tax (97
Cities)
Albany
Allen
Alton
Anna
Anson
Aspermont
Atlanta
Balch Springs
Beasley
Bells
Blue Ridge
Bowie
Bremond
Bronte
Brownsville
Burleson
Carthage
Calvert
Cedar Hill
Cedar Park
Celina
Center
Cisco
Collinsville
Crystal City
Desoto
Donna
Edcouch
Elsa
Fairview
Farmersville
Ferris
Floresville
Fort Stockton
Franklin
Frisco
Georgetown
Godley
Gorman
Grandfalls
Grandview
G roveton
Hallettsville
Section 4B Projects
Haslet
Hearne
Heath
Iowa Park
Jarrell
Joaquin
Joshua
Justin
Keene
Knox City
La Feria
Lake Dallas
Lancaster
Linden
Magnolia
Mansfield
Matador
McKinney
Melissa
Miami
Midland
Midlothian
Murphy
Newton
Nocona
Northlake
Orchard
Prairie View
Progreso
Red Oak
Rio Hondo
Roanoke
Roaring Springs
Robert Lee
Roscoe
Saint Jo
Sanger
Seagraves
Sinton
Somerset
Sugar Land
Sunnyvale
The Colony
Tioga
Trophy Club
Tye
Van Alstyne
Westlake
W hitesboro
W hitewright
Wichita Falls
Willis
Wortham
Wylie
The Development Corporation Act provides a wide variety of purposes for which Section 4B tax
proceeds may be expended. Section 4B tax proceeds may be spent on land, buildings, equipment,
facilities, expenditures, targeted infrastructure, and improvements for items that fit the definition
of "project" under Sections 2(11)and 4B(a)of the Act. It is important to emphasize that any activities
of a development corporation must always be in furtherance of and attributable to a "project."749
Further, the definition of "project" was significantly amended by House Bill 2912 in the 2003
Legislative Session.t5' Changes made by the bill apply only to a project that is undertaken or
approved after the effective date of the bill, June 20, 2003. Any projects undertaken or approved
before the effective date of House Bill 2912 are governed by the law that was in effect on the date
the project was undertaken or approved.151
The 2005 Legislative Session also made some amendments to the definition of "project'. House
Bill 2928 loosened some of the restrictions that were imposed by the 78" Legislature for certain 4B
corporations. There are some projects that a section 4B corporation can do that do not require
them to create or retain primary jobs. 112
Section 413 Projects Which Must Create or Retain Primary Jobs
In 2003, the Texas Legislature amended the definition of project in Section 2(11) and Section
46(a)(2)(B) to require certain projects result in the "creation or retention of primary jobs"."'
HANDBOOK on ECONOMIC DEVELOPMENT LAWS for TEXAS CITIES
32
1. The Sales Tax for Economic Development
Accordingly, most Section 4B projects must now create or retain primaryjobs. Yet, not all projects
contain this requirement. "Primary job" is defined to mean a job that is "available at a company for
which a majority of the products or services of that company are ultimately exported to regional,
statewide, national, or international markets infusing new dollars into the local economy;" and meet
any one of a certain enumerated sector numbers of the North American Industry Classification
System (NAICS).154 The enumerated sector numbers are:
111
Crop Production
112
Animal Production
113
Forestry and Logging
11411
Commercial Fishing
115
Support Activities for Agriculture and Forestry
211 to 213
Mining
221
Utilities
311 to 339
Manufacturing
42
Wholesale Trade
48 and 49
Transportation and Warehousing
51 (excluding 51213
and 512132) Information (excluding movie theaters and drive-in theaters)
523-525
Securities, Commodity Contracts, and Other Financial Investments and
Related Activities; Insurance Carriers and Related Activities; Funds, Trusts,
and Other Financial Vehicles
5413, 5415, 5416,
5417, and 5419 Scientific Research and Development Services
551
Management of Companies and Enterprises
56142
Telephone Call Centers
922140
Correctional Institutions; or
a job that is included in North American Industry Classification System (NAICS) sector number
928110, National Security, for corresponding index entries for Armed Forces, Army, Navy, Air
Force, Marine Corps and Military Bases.
For more information on the North American Industry Classification System, please visit
http://www.census.gov/epcd/naics02/naicodO2.htm
Section 4B corporation may do the project listed under Section 2(11) of the Development
Corporation Act of 1979, Article 5190.6, which encompasses the land, buildings, equipment,
facilities, expenditures, targeted infrastructure, and improvements (one or more) that are for the
creation or retention of primary jobs that are found by the board of directors to be required or
suitable for any of the following projects:
1) Manufacturing and industrial facilities.
2) Research and development facilities.
3) Military facilities.
4) Transportation facilities (including but not limited to airports, ports, mass
commuting facilities, and parking facilities).
5) Sewage or solid waste disposal facilities.
HANDBOOK on ECONOMIC DEVELOPMENT LAWS for TEXAS CITIES
33
1. The Sales Tax for Economic Development
6) Recycling facilities.
7) Air or water pollution control facilities.
8) Distribution centers.
9) Small warehouse facilities.
10) Primary job training facilities for use by institutions of higher education.
11) Regional or national corporate headquarters facilities.
Additionally, Section 46 corporations may provide land, buildings, equipment, facilities, and
improvements found by the board of directors to promote or develop new or expanded business
enterprises that create or retain primary jobs, including a project to provide:1 '
1) Public safety facilities.
2) Streets and roads.
3) Drainage and related improvements.
4) Demolition of existing structures.
5) General Municipally owned improvements.
6) Any improvements or facilities that are related to any of those projects and any
other projects that the board in its discretion determines promotes or develop new
or expanded business enterprises that create or retain primary jobs.
Section 46 Projects Which Are Not Required to Create or Retain Primary Jobs
There are some section 413 projects that do not require the creation or retention of primary jobs.
the following categories are also authorized Section 413 projects pursuant to Section 2(11) of the
Act.
1) Job training classes. Certain job training required or suitable for the promotion of
development and expansion of business enterprises can be a permissible project. Section
413 corporations may spend tax revenue for job training classes offered through a business
enterprise only if the business enterprise commits in writing to certain conditions. The
business enterprise must agree to create new jobs that pay wages that are at least equal
to the prevailing wage for the applicable occupation in the local labor market area; or agree
to increase its payroll to pay wages that are at least equal to the prevailing wage for the
applicable occupation in the local labor market area.156 The creation or retention of primary
jobs is not a mandatory requirement for funding permissible job training classes.
2) Certain infrastructure improvements which promotes or develops new or
expanded business enterprises. "Project' also includes expenditures found by the board
of directors to be required or suitable for infrastructure necessary to promote or develop
HANDBOOK on ECONOMIC DEVELOPMENT LAWS for TEXAS CITIES
34
1. The Sales Tax for Economic Development
new or expanded business enterprises limited to streets and roads, rail spurs, water and
sewer utilities, and electric utilities, gas utilities, drainage, site improvements, and related
improvements, and telecommunications and Internet improvements, and beach remediation
along the Gulf of Mexico.15' Accordingly, Section 46 corporations may assist with limited
infrastructure improvements, which the board finds will promote or develop new or
expanded business development. The funding of these infrastructure improvements do not
have to be conditioned upon the creation or retention of primary jobs.
3) Career centers. Certain career centers can also be provided land, buildings, equipment,
facilities, improvements and expenditures found by the board of directors to be required or
suitable for use if the area to be benefitted by the career center is not located in the taxing
jurisdiction of a junior college district.15B
Additionally, Section 4B(a)(2)(A), (C), (D), and (E) of the Act specifically permits expenditures of
Section 413 tax proceeds for land, buildings, equipment, expenditures, and improvements suitable
for the following types of projects:
1) Professional and amateur sports and athletic facilities. Professional and amateur
sports and athletics, including stadiums and ballparks are a permissible Section 4B
project.75'
2) Entertainment, tourist and convention facilities. Entertainment, tourist, and
convention facilities, including auditoriums, amphitheaters, concert halls, museums, and
exhibition facilities are a permissible Section 413 project."o
3) Public parks and related open space improvements. Public parks, park facilities and
events, and open space improvements are permissible Section 46 projectst61
4) Affordable housing. Projects required or suitable for the development and expansion
of "affordable housing" as defined by federal law (42 United States Code Section 12745)
are a permissible Section 46 project. 112
5) Water supply facilities. Any water supply facilities, including dams, transmission lines,
well field developments, and other water supply alternatives can be a permissible Section
413 project.16' Nonetheless, to undertake a water supply facility a majority of the qualified
voters of the city voting in an election called and held for that purpose must approve the
water supply project.164 The ballot proposition for the election shall be printed to provide
for voting for or against the proposition:165
"The use of sales and use tax proceeds for infrastructure relating to
(insert description of water supply facility)."
6) Water conservation programs. Water conservation programs, including incentives to
install water -saving plumbing fixtures, educational programs, brush control programs, and
programs to replace malfunctioning or leaking water lines and other water facilities can be
a permissible Section 413 project.161 Similar to water supply facilities, to undertake a water
conservation program a majority of the qualified voters of the city voting in an election
called and held for that purpose must approve the water conservation program.16' The
ballot proposition for the election shall be printed to provide for voting for or against the
proposition:"'
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I. The Sales Tax for Economic Development
"The use of sales and use tax proceeds for infrastructure relating to
(insert description of water conservation
program)."
Further, the 791" Legislature gave certain section 46 corporations the ability to undertake
projects involving airports, ports, and sewer or solid waste disposal facilities without the
requirement of creating or retaining primary jobs.
7) Airport Facilities. Section 46 corporations located within twenty-five (25) miles
of an international border, with a city population of less than 50,000 or an average
rate of unemployment that is greater than the state average rate of unemployment
during the preceding twelve (12) month period may assist with land, buildings,
facilities, infrastructure, and improvements required or suitable for the development
or expansion of airport facilities.'"
8) Airports, Ports, and Sewer or Solid Waste Disposal Facilities. Section 46
corporations located in a city wholly or partly in a county that is bordered by the Rio
Grande, has a population of at least 500,000, and has wholly or partly within it
boundaries at least four cities that each have a population of at least 25,000
(Hidalgo County). May provide certain assistance with infrastructure necessary to
promote or develop new or expanded business enterprises, including airports, ports,
and sewer or solid waste disposal facilities, provided section 46 sales tax revenues
does not support the project.1'
Lastly, certain section 413 corporation have been given a broader latitude in deciding what
types of projects that they can do with the requirement of creating or retaining primaryjobs,
but they must meet the requisite requirements.
9) Revenue Requirement. Section 46 corporations, which have not generated
more than $50,000 in revenues in the preceding two (2) fiscal years, may provide
land, buildings, equipment, facilities, and improvements found by the board of
directors to be required or suitable for the development, retention, or expansion of
business enterprises, provided city council authorizes the project by adopting by
adopting a resolution following two (2) separate readings conducted at least one (1)
week apart."'
10) Population Requirement. Section 46 corporation with a population of 20,000
or less, may provide land, building, equipment, facilities, expenditures, targeted
infrastructure, and improvements found by the board of directors to promote new
or expanded business development, provided projects which require an expenditure
of more than $10,000 city council must adopt a resolution authorizing the project
after giving the resolution at least two (2) separate readings.12
11) Landlocked Communities. Section 46 corporations located wholly or partly
in a county with a population of 2 million or more (Dallas and Harris County) and
has within its city limits and extraterritorial jurisdiction lass than 100 acres that can
be used for the development of manufacturing or industrial facilities in accordance
with the zoning laws or land use restrictions of the city, the term "project" also
includes expenditures found by the board of directors to be required for the
promotion of new or expanded business enterprises within the landlocked
community."'
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1. The Sales Tax for Economic Development
Undertaking Projects Located Outside of the City
Section 23(a)(1) of the Act provides that an economic development corporation may
undertake projects outside of the city limits with permission of the governing body that has
jurisdiction over the property. In other words, if the corporation wants to undertake a project
that is located completely in the city's extraterritorial jurisdiction or beyond, it should get
approval from the governing body of the county, the county commissioners' court. The
language of the Act, however, does not seem to require this approval if the project is
located at least partially within the boundaries of the city. If the project is located completely
within the jurisdiction of another municipality, the corporation would need approval of the
city council for that municipality.
Use of Section 413 Tax for "Sports Venue" Facilities
As previously noted, Section 4B tax monies may be used to fund projects relating to
professional and amateur athletic facilities. Under Texas law, there is additional statutory
authority for funding athletic facilities that qualify as a "sports venue.""' Special statutory
provisions apply to projects involving such a "sports venue." A facility qualifies as a "sports
venue" if it is an arena, coliseum, stadium, or other type of area or facility that meets all of
the following three criteria:1.
1. The primary use or primary planned use of the facility is for one or more
professional or amateur sports or athletics events.
2. A fee for admission to the sports or athletics events is charged or is
planned to be charged, except that a fee need not be charged for
occasional civic, charitable, or promotional events.
3. The facility is not and will not be owned and operated by a state -supported
institution of higher education."s
Texas law specifies that any money authorized by the voters to be spent on a "sports venue
and related infrastructure" may be spent on any on -site or off -site improvements that relate
to a sports venue and that enhance the use, value, or appeal of the sports venue, including
areas adjacent to it. This would include any expenditures reasonably necessary to
construct, improve, renovate, or expand the sports venue. The law specifically lists the
following uses as examples of permissible "related infrastructure": stores, restaurants,
concessions, on -site hotels, parking facilities, area transportation facilities, roads, water or
sewer facilities, parks, and environmental remediation. Again, however, these facilities must
relate to and enhance the sports venue."'
A city may submit to its voters a ballot proposition that would authorize the use of Section
4B tax monies for a specific sports venue project or category of projects, including any
infrastructure related to that project or category. Such a ballot proposition could contain
language enabling the Section 4B corporation to use any Section 4B tax money already
collected to support the sports venue project. Before an election to authorize the use of the
Section 4B tax for a sports venue, however, a public hearing must be conducted. At that
hearing, the city's residents must be informed of the cost and impact of the proposed
project or category of projects. It appears that the hearing may be conducted at any time
before the election takes place, but the city is required to first publish notice of the hearing
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I. The Sales Tax for Economic Development
in a newspaper of general circulation in the city at least 30 days before the date set for the
hearing."B The notice must include the time, date, place, and subject of the hearing and
must be published on a weekly basis until the date of the hearing. Accordingly, the city will
need to schedule its public hearing early enough so that it can provide at least 30 days
notice of the hearing.
In an election to approve the use of Section 4B sales tax monies for a sports venue, the law
requires that a specific sports venue project or category of projects be clearly described on
the ballot.19 The description must be clear enough for the voters to discern the limits of the
specific project or category of projects to be authorized. State law does not indicate what
constitutes a clear description or how to indicate the limits of the specific project. At a
minimum, the ballot proposition should clearly indicate the types of projects anticipated.
Additionally, if Section 4B monies are to be used to pay the maintenance and operating
costs (and not just initial construction cost, etc.) of a sports venue project, then the ballot
proposition must state that fact.1'o
A city may have the voters consider the use of Section 4B funds for a sports venue at the
same election in which the voters are considering the creation of the Section 4B tax itself.
Also, a city may arguably have the voters consider authorizing the use of Section 4B funds
for several different sports venue projects or categories of projects at the same election.
Before the 79" Legislative Session, the initial authorization of the Section 4B tax would be
considered by the voters as a separate ballot proposition. Similarly, any sports venue
project must be considered by the voters as a separate ballot proposition. However, with
the passage of House Bill 3195, it would seem that authorizing the Section 4B tax and the
consideration of several sports venue project can be considered by the voters in a
combined ballot proposition.1B1 But, a city is not required to combine these issues into one.
ballot proposition. A city that pursues such a combined proposition should consult with its
local legal counsel and with the Texas State Comptroller's Office on this issue. State law
requires that any sports venue election be held on a uniform election date. If a sports
venue project or category of projects fails to win voter approval, the city must wait at least
one year before holding another election on that particular project or category.
Use of Section 4B Tax Proceeds for Training Seminars
Certain Section 4B economic development and city officials are required to complete a
training seminar.18' The officials must complete a seminar once every 24 months.'83 At least
one person from each of the following are required to attend a seminar each 24 month
period:
1) the city attorney, the city administrator, or city clerk; and
2) the executive director or other person who is responsible for the daily
administration of the corporation.184
The corporation is authorized to use Section 4B sales tax proceeds to pay for the costs of
attending a seminar.18' The certificates of completion are issued by the person, entity, or
organization providing the training seminars, on a form approved by the Comptroller's
office. 18' The Comptroller's Office may impose an administrative penalty in an amount not
to exceed $1,000 for the failure to attend the seminar.187
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I. The Sales Tax for Economic Development
Public Hearing Requirement for Expending Section 413 Tax
Proceeds
A Section 413 corporation must hold at least one public hearing on a proposed project,
including a proposal to expend funds on maintenance and operating expenses of a
project.t8' This hearing must be held before the corporation expends any Section 413 funds
on the project. There is nothing in the Act that prohibits the Section 413 corporation from
holding one public hearing to consider a group of Section 46 projects. After the projects
have been considered at a public hearing and 60 days have passed since the first public
notice of the nature of the projects, the development corporation is free to make
expenditures related to the projects pursuant to the adopted budget.
Public Notice Requirement and the 60-Day Right to Petition
The public has a right to gather a petition objecting to a particular Section 413 project.t8' The
petition must be submitted within 60 days of the first published notice of a specific project
or type of project and must be signed by more than 10 percent of the registered voters of
the city. State law does not indicate what would constitute the first published notice of a
project. A city should ensure that it provides 60 days notice of the specific project or the
category of projects.
If a petition is pursued by the public, the petition can ask that the city hold an election on
the issue before that specific project or type of project is undertaken. If the petition is
submitted in a timely manner and an election is required, the corporation may not undertake
the project until the voters approve the project at an election on the issue. If the voters
disapprove the project at the election, the Section 413 tax proceeds may not be used for that
purpose.
It is important to note that a petition cannot force an election on a project if the voters have
previously approved the specific project or that general category of projects at an earlier
election called under the Act. Cities that know what types of projects they want to
undertake may be well advised to specifically list each of these types of projects in the
ballot wording when the Section 46 tax is first considered by the voters. If the city includes
each of these types of projects in the original ballot proposition, it can assert that the public
has already approved that type of project at a prior election. In this scenario, the city
arguably would not be required to call an additional election even if a petition were
submitted regarding the project.
Specific Costs of a Section 413 Project That May be Funded
Cities must understand what general categories are available for expenditures. They
additionally need to know what types of specific expenditures are contemplated within each
of these categories. For assistance in understanding what is permitted under the Act, cities
should review the definition of the term "cost' under Section 2(4) of the Act. Section 2(4)
of the Act defines what costs may be applied to a Section 413 project. It states in pertinent
part that costs for a project may include:
a) Land and facility improvements: the cost of acquisition, construction,
improvement, expansion of land, buildings, and acquisition of right-of-way.
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1. The Sales Tax for Economic Development
b) Machinery and supplies: the cost of machinery, equipment, inventory,
raw materials, and supplies.
c) Financial transaction costs: the cost of financing charges, certain
interest prior to and during construction, and necessary reserve funds.
d) Planning costs: the cost of research and development, engineering and
legal services, development of plans and specifications, surveys, and cost
estimates; and other expenses necessary or incident to determining the
feasibility and practicability of undertaking the project.
e) Cleanup costs: the cost of cleaning up contaminated property.t9'
Nonetheless, a Section 413 corporation may use Section 413 sales tax
proceeds to clean up contaminated property only if use of sales tax
proceeds for this purpose is approved by the voters in an election called
and held for that purpose. The ballot wording that must be used is as
follows:191
"The use of sales and use tax proceeds for the cleanup of
contaminated property."
Due to the definition of the term "project" and of the term "cost" contained in the
Development Corporation Act, a strong argument can be made that any expenditure by a
Section 46 corporation, other than job training classes, must be related to the acquisition
or physical improvement of land, buildings, equipment, or facilities. Of course, an
expenditure could also include administrative or planning costs associated with such an
acquisition or improvement.
Administrative Expenses of a Section 4B Project
Section 2 (4) of the Act states that the cost of a project may also include the administrative
and other expenses that are incident to placing the project into operation. The law provides
that these expenses could include administrative expenses for the acquisition, construction,
improvement, expansion, and financing of the project. It is this authority that could be cited
for the hiring of administrative staff to implement the work of the Section 46 development
corporation with regard to its projects. Accordingly, cities that perform some of the
administrative functions for the corporation could cite this authority for reimbursement from
Section 46 funds for administrative costs related to projects that city staff oversee.
Additionally, Section 46(b) specifically permits a Section 46 corporation to contract with
other private corporations to carry out industrial development programs or objectives.
Effective June 20, 2003, should a Section 413 corporation contract with a broker, agent or
other third party for business recruitment, a written contract approved by the board of
directors is required for any payment of a commission, fee, or other thing of value to the
third party.192 Failure to enter into a written contract could result in a civil penalty not to
exceed $10,000.
Additionally, Section 4B(a-2) states that the costs of a publicly owned and operated project
may include the maintenance and operating costs for the project. The Act, however, allows
the voters to object to such an expenditure by submitting a petition of 10 percent of the
registered voters of the city. The public has 60 days from the date when notice is first given
that the tax will be used for this purpose to submit the petition. Such a petition would ask
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1. The Sales Tax for Economic Development
the city to hold an election to approve the payment of maintenance and operating costs for
projects. An election is not required, however, if the voters had previously approved the
use of Section 413 tax proceeds for this purpose at an earlier election under the Act.
Cities that are aware that they want to use Section 4B tax proceeds to pay the maintenance
and operating costs of projects would be well advised to list this type of expenditure on the
ballot when the Section 413 tax is first considered by the voters. By including this provision
in the original ballot proposition, the city can assert that the public has already approved this
type of expenditure at a prior election. Accordingly, if the city uses such a ballot provision,
it cannot be required to hold an additional election even if a petition is submitted regarding
these costs.
Promotional Expenses
In the 2001 Legislative Session, the Texas Legislature clarified the use of Section 4B
proceeds for promotional expenses. Now, Section 46(b) limits Section 4B corporations to
spending no more than 10 percent of the corporate revenues (Section 4B tax proceeds) for
promotional purposes.19' Yet, the attorney general has concluded a promotional
expenditure "must advertise or publicize the city for the purpose of developing new and
expanded business enterprises.11194 Further, a corporation is limited to spending not more
than 10 percent of its current annual revenues for promotional purposes in any given year.
Nonetheless, unexpended revenues specifically set aside for promotional purposes in past
years may be expended along with ten percent of current revenues without violating the
cap.19' Additionally, city council may disapprove a promotional expenditure.t9' If there is
some question as to whether a particular expenditure should be considered a promotional
or an administrative expense, the development corporation should consult with its local
legal counsel.
Debt Obligations
The Section 4B development corporation may issue bonds, notes, and other contractual
obligations to fund its projects.197 Prior to September 1, 2001, a Section 4B corporation's
bond and other obligations could not exceed $135 million. This limitation was removed in
the 771h Legislative Session.19' Further, a bond or debt instrument of the corporation is not
an obligation of the city, nor is it backed by the city ad valorem tax rate.199 The tax proceeds
received by the Section 4B corporation may be used to pay the principal and interest on the
bonds and any other related costs.200 The Legislature has not addressed whether a Section
4B development corporation is prohibited from paying principal or interest on a debt if the
debt existed before the date the city created the Section 413 corporation.