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HomeMy WebLinkAbout05-24-06 Meeting of the La Porte Redevelopment Authority MinutesLa Porte Redevelopment Authority City of LaPorte, Texas Minutes of the Board Meeting Held May 24, 2006 1. CALL TO ORDER AND DETERMINATION OF A QUORUM The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas held a meeting, open to the public, on the 24t' day of May 2006, and meeting was called to order at 6:35 p.m. in Council Chambers at the City Hall, 604 West Fairmont Parkway, La Porte, Texas 77571, and roll was called of the duly appointed members of the Board, to wit: Peggy Antone Dave Turnquist Alton Porter Horace Leopard Doug Martin JJ Meza Michael Say Chester Pool Lin Pfeiffer Position 1 Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 - Chairman and all of the above were present except Director Pfeifer and Director Meza, thus constituting a quorum. Also present at the meeting were John Joerns, David Hawes, Wayne Sabo, Michael Dolby and Russell Plank. 2. ADMINISTER OATH OF OFFICE • DR. MICHAEL SAY POSITION 7 (LPISD'S NEW APPOINTMENT) • LINDSEY PFEIFFER POSITION 9 (HARRIS COUNTY'S RE -APPOINTMENT) The Oath of Office was administered to Director Say. 3. WELCOME NEW BOARD MEMBER • INTRODUCE DR. MICHAEL SAY — REPRESENTING LPISD Director Porter introduced new member Michael Say who represents the La Porte Independent School District. 4. CONSIDER APPROVAL OF THE MINUTES OF THE OCTOBER 12, 2005 BOARD OF DIRECTORS MEETING Upon a motion duly made by Director Porter and being seconded by Director Pool, the board unanimously approved the minutes of October 24, 2005. 5. REVIEW AND CONSIDER APPROVAL OF ANNUAL AUDIT FOR LA PORTE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE FUND FOR FISCAL YEAR ENDING SEPTEMBER 30, 2005 — Mr. Dolby presented the audit for the Fiscal Year ending September 30, 2005 of the Tax. Increment Reinvestment Zone Fund. The Fund is a Special Revenue Fund of the City. Upon a motion duly made by Director Pool and being seconded by Director Porter, the board unanimously approved the Fiscal Year 2005 Audit as presented. 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING THE RENEWAL OF THE AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LA PORTE, TEXAS, TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS AND THE LA PORTE REDEVELOPMENT AUTHORITY Mr. Joerns gave an overview of the renewal for services. It pointed out that is was the same terms and conditions as previously approved by the board. Upon a motion duly made by Director Antone and being seconded by Director Leopard, the board unanimously approved the Agreement for Services as presented. 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS ("LAPORTE ZONE") AND LA PORTE REDEVELOPMENT AUTHORITY ("LA PORTE AUTHORITY") AND THE CITY OF LA PORTE, TEXAS (THE "CITY") FOR THE DESIGN AND CONSTRUCTION OF THE SOUTHEAST SANITARY SEWER TRUNK MAIN AND LIFT STATION FACILITIES Mr. Joerns gave the board an over of the proposed Development Agreement for the design and construction of the southeast sanitary sewer trunk main and lift station facilities. The board has had numerous briefings with regard to this proposed project over the past two years. Upon a motion duly made by Director Pool and being seconded by Director Turnquist, the board unanimously approved the Development Agreement as presented. 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING A UTILITY EXTENSION AGREEMENT BY AND BETWEEN THE REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS ("LA PORTE ZONE") AND LA PORTE REDEVELOPMENT AUTHORITY ("LA PORTE AUTHORITY") AND THE CITY OF LA PORTE, TEXAS (THE "CITY"), AND 65 LA PORTE, LTD., A TEXAS LIMITED LIABILITY PARTNERSHIP (THE "DEVELOPER") Mr. Joerns gave the board an over of the project and the Utility Extension Agreement. Upon a motion duly made by Director Antone and being seconded by Director Say, the board unanimously approved the Utility Extension Agreement as presented. 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS ("LA PORTE ZONE") AND LA PORTE REDEVELOPMENT AUTHORITY ("LA PORTE AUTHORITY") AND THE CITY OF LA PORTE, TEXAS (THE "CITY") AND PORT CROSSING LAND, L.P. (THE "DEVELOPER") Mr. Joerns introduced Mr. Russell Plank (Developer). Mr. Plank gave the board a complete review of the 300 acre light industrial/warehouse development project. He detailed the utility plan as well as the plan for vertical construction and timing of both and expected value. He responded to board members' questions with regard to detention and other regional matters. Upon a motion duly made by Director Porter and being seconded by Director Turnquist, the board unanimously approved the Development Agreement as presented. 10. RECEIVE REPORT FROM DAVID HAWES ON THE PROPOSED PUBLIC IMPROVEMENT DISTRICT NUMBER ONE Mr. Hawes gave a brief report on the status of the Public Improvement District and answered board �' members' questions. No action was taken on this board item. 11. STAFF REPORTS • DISCUSS AND RECEIVE DIRECTION REGARDING ENHANCED LAND USE AND ARCHITECTURAL CONTROLS FOR THE ZONE BEING CONSIDERED BY PLANNING AND ZONING COMMISSION AND CITY COUNCIL • DISCUSS AND RECEIVE DIRECTION REGARDING CITY COUNCIL AND LPISD CONSIDERATION OF FOREIGN TRADE ZONE • UPDATE ON VARIOUS DEVELOPMENTS • DISCUSS NEXT MEETING DATE Wayne Sabo, City of La Porte gave the board a briefing with regard to proposed enhanced land use . and architectural controls for within the tax increment reinvestment zone. Mr. Joerns gave the board a briefing on the city's direction with regard to Foreign Trade Zone consideration. Mr. Joerns and Mr. Hawes briefed the board on development activity within the zone. Staff indicated to the board that the next meeting would take place as necessary. 12. BOARD MEMBER COMMENTS No comments made or further discussion requested by the board 1 K DIFY-101u_ ► The acting board chair adjourned the meeting at 8:25 PM. SIGNEI TITLE: DATE: a—l� '© (ten ATTEST: TITLE: zl- DATE: az� �D . AGENDA ITEM 3: REVIEW AND CONSIDER APPROVAL OF FISCAL YEAR 2006-2007 BUDGET ✓ The TIRZ budget is presented with approximately the same level of revenues and expenditures. ✓ Infrastructure construction within the TIRZ is expected to accelerate next fiscal year. ✓ However, significant vertical improvements will not "hit" the tax rolls until 2008. ✓ If necessary, the budget can be amended during the year. ✓ Items for the Board's consideration are: o Consider full-time management of TIRZ/Redevelopment Authority o Consider revisions to guideline for infrastructure eligible for reimbursement NOTE: City Council has reviewed this proposed budget and is scheduled to adopt the annual budget on September 11, 2006. RECOMMENDATION: Approve Fiscal Year 2006-07 Budget City of La Porte Tax Increment Reinvestment Zone One (039) Fund Summary Working Capital 9130105 Plus Estimated 05-06 Revenues Less 05-06 Expenditures and Commitments Developmental Assistance, Audit, Operations, Misc. Equals Estimated Working Capital 9130106 Plus 06-07 Revenues: Property Taxes Interest Income Total Revenues Equals Total Resources Less 06-07 Expenditures and Commitments Miscellaneous Consulting Fees Operations Miscellaneous Supplies, Materials Educational Fund Total Expenditures Equals Estimated Working Capital 9130107 150,609 44,183 23,488 23,488 171,304 42,380 3,900 46,280 217,584 19,482 2,856 714 13,668 36,720 Estimated Projected 2005-06 2006-07 Revenues 44,183 46,280 Expenditures & Commitments 23,488 36,720 Estimated Fund Balance Usage 20,695 9,560 180,864 *City Council agreed to front the expenses for the City's portion of the Sylvan Beach Shoreline Erosion Project estimated at $486,435. This commitment will be reimbursed from future funds. $94,600 will be reserved in the HotellMotel Fund (037) by the end of FY 2007. City of La Porte Tax Increment Reinvestment Zone One Fund (039) ~` Statement of Revenues Object Description General Property Taxes: 401.01-00 Current Property Taxes General Property Taxes Subtotal Interest: 483.01-00 Interest Income Interest Subtotal Total TIRZ One Fund Revenues Actual Budget Revised Projected 2004-05 2005-06 2005-06 2006-07 36,865 40,750 40,750 42,380 36,865 40,750 40,750 42,380 3,213 3,100 3,433 3,900 3,213 3,100 3,433 3,900 40,078 43,850 44,183 46,280 City of LaPorte, Texas Tax Increment and Reinvestment Zone (TIRZ) Detail of Expenditures Personal Services: 1010 Regular Earnings 1020 Overtime 1060 FICA Personal Services Subtotal Supplies: 2001 Office Supplies 2002 Postage 2015 Other Supplies Supplies Subtotal Services & Charges: 5001 Audit 5003 Legal 5004 Consulting 5005 Personnel Services 6002 Printing & Reproduction 6017 Educational Facilities Services & Charges Subtotal Division Total 039-9898-826 039-9898-510 Actual Budget Estimated Requested 2004-05 2005-06 2005-06 2006-07 1,745 - - - 134 - - - 224 - - - 2,103 - - - - - - 425 79 - 57 125 60 3,500 120 150 139 3,500 177 700 5,000 6,000 2,500 2,500 100 - 508 5,100 2,765 13,100 9,500 14,385 - - - 2,800 77 - - - 13,078 13,400 10,803 11,235 21,020 32,500 23,311 36,020 23,262 36,000 23,488 36,720 AGENDA ITEM 4: CONSIDER AND TAKE APPROPRIATE ACTION ON BID TABULATION AND RECOMMENDATION OF ANGEL BROTHERS ENTERPRISES, LTD AS CONTRACTOR AT A BID PRICE OF $6,264,013.15 FOR SITE PREPARATION, STROM DRAINAGE IMPROVEMENTS, SMALL DIAMETER WATER MAIN, SANITARY SEWER, PAVEMENT CONSTRUCTION, TEMPORARY TRAFFIC CONTROL, PERMANENT TRAFFIC CONTROL & SIGNAGE AND EXPORT DRIVE TO SERVE THE DEVELOPMETN OF PORT CROSSING AGENDA ITEM 5: CONSIDER AND TAKE APPROPRIATE ACTION ON BID TABULATION AND RECOMMENDATION OF ANGEL BROTHERS AS CONTRACTOR AT A BID PRICE OF $2,561,685.10 FOR CONSTRUCTION OF OFFSITE SANITARY SEWER, ONSITE PAVING, ONSITE STORM SEWER, ONSITE SANITARY SEWER, ONSITE WATER LINE AND APPURTENANCES TO SERVE THE DEVELOPMENT OF LAKES AT FAIRMONT GREEN According to the Development Agreements; Article 4, Duties and responsibilities of the Developer, the TIRZ Board/Authority shall approve bids received for Lakes at Fairmont Greens and Port Crossing. 4.1 Construction Manager. The Developer will obtain all necessary permits and approvals from the City and all other governmental officials and agencies having jurisdiction (including the approvals required under the La Porte Agreement), provide supervision of all phases of construction of the Public Improvements, provide periodic reports as requested and required by the La Porte Authority of such construction to the La Porte Board with copies to the City, and cause the construction to be performed in accordance with the Plans and Specifications. 4.2 Design of the Public Improvements. Prior to the commencement of construction or implementation of the Public Improvements, the Plans and Specifications must be submitted to and approved by the City and all other regulatory authorities having jurisdiction. Once the City has approved the Plans and Specifications, no changes thereto can be made without the express written approval of the City, the Zone Board, and the La Porte Authority. Both Port Crossing and Lakes at Fairmont Greens have taken bids in anticipation of securing final approval from the City, Harris County Infrastructure, Harris County Flood Control and TxDOT. Unfortunately, neither project has received full 100% approval although each is close. Since the Board/Authority is meeting to approve the annual budget on September 13, I decided to place the approval of bids on the agenda on a "conditional basis". If the Board/Authority approves conditionally, then this might save some time when the other agencies have acted. For Item 4: Port Crossing recommended conditions are: • Approval of plans and specifications by o Harris County Infrastructure o Harris County Flood Control o City of La Porte o TxDOT Permit • Meeting terms of the City of La Porte SCUP, approved General Plan, Development Agreement and approval of covenants and restrictions • See letter dated August 3, 2003 and email response NOTE: Also depending on TxDOT and City review of traffic impact analysis for SH146 feeder road, the developer may be required at a later date to dedicate and install acceleration/deceleration lanes and/or traffic control devices. For Item 5: Lakes @ Fairmont Greens Section I the recommended conditions are: • Approval of plans and specifications by o Harris County Flood Control o City of La Porte • Terms/conditions of letter dated July 10, 2006 and email dated August 28/September 5 • The SCUP and General Plan • For the offsite work delivery of easements for installation of sewer and drainage improvements (future) PORT CROSSING LAND, L.P. 3330 S. Sam Houston Parkway E. Houston, Texas 77047 713-578-1234 MEMORANDUM To: David Hawes & John Joerns From: Russell D. Plank US IC, ASST. C?.—Y 7.r;,�,i„iaGER Date: July 21, 2006 Re: Bids for Port Crossing Infrastructure Contract (TIRZ No. 1) Dear David & John: We requested and received bids on June 14, 2006 for the above referenced project. One addendum was included in the bid. On June 27, 2006, we requested and received bid clarifications from each contractor including, specifically, bids for 10-inch reinforced concrete pavement as requested by Harris County. In total, we received three (3) complete bid packages from Angel Brothers Enterprises, - Ltd., Durwood Greene Construction, L.P., and Harris Construction Company, Ltd. A fourth company, W.T. Byler, LP, submitted a bid on June 14, 2006, however, they were not competitive and chose not to submit a bid on June 27, 2006. The low bidder for the project is Angel Brothers Enterprises, Ltd. and we hereby recommend them for approval by the Board of Directors of the TIRZ. Angel Brothers Enterprises has a great reputation and long history of quality projects in the area. Attached for your review are the original bid package, prepared by Goldston Engineering, Inc., Addendum # 1, and the request for bid clarifications dated June 23, 2006. Also attached are the original bids, a bid summary, bid clarifications, and a revised bid summary. Our construction plans and master plat have been re -submitted to the City of La Porte and Harris County for final review. We anticipate approval within the next week or two and expect very few changes that would affect our bids. We would like to request a TIRZ Board meeting on or around August 2, 2006, if possible, to review and approve the attached bids and authorize execution of a contract with the low bidder. We are anxious to begin construction at the earliest possible date. Please call me with any questions you may have or if you need any additional information. PORT CROSSING INFRASTRUCTURE BID SUMMARY Total Base Unit Prices Site Preparation Base Unit Price Storm Drainage Improvements Base Unit Price Small Diameter Water Main Base Unit Price Sanitary Sewer Base Unit Price Pavement Construction Base Unit Price Temporary Traffic Control Base Unit Price Permanent Traffic Control & Signage Base Unit Price Export Drive Base Unit Price Total Extra Unit Prices TOTAL BASE BID PRICE Revise Concrete Paving to 10" thickness TOTAL REVISED BID after 10" paving Adjustments due to Changes in Plans TOTAL REVISED BID after adjustments Angel Brothers ' Durwood Greene JHarris 1,053,010.00 1,234,700.00 1,071,400.00 2,122,504.50 1,939,927.00 2,006,724.32 313,906.00 282,876.00 269,134.85 442,413.50 570,655.00 588,218.97 1,233,325.62 1,206,172.90 1,296,398.91 4,200.00 10,000.00 10,000.00 1,650.00 10,750.00 34,173.53 712,633.98 687,605.75 651,190.78 $111,200.00 $69,100.00 $96,600.00 $ 5,994,843.60 $ 6,011,786.65 $ 6,023,841.36 $387,502.50 $380,121.50 $433,264.70 $6,382,346.10 $6,391,908.15 $6,457,106.06 $ (128,005.00) $ (127,895.00) $ (142,569.00) $6,254,341.10 $6,264,013.15 $6,314,537.06 W v S o O c O o O 0 C o W U O o O 0 O 0 O 0 O 0 O 0 vOj N N N N a N N O O H H H O H H H H H S m mC d1 W O N N O S po a Q t\ LLB y� {y O h O VO1 C < O N SO N n � w S W 4 O O Vdj PJ 0 h q N N b Q H O Q H fV 'ii n e� N a O a ra a c '- w i W O o S g O g < d O W d N 0 b poo U c O M d O H aO U G N Oo O O O O O N W � � a •p p„ yw, o 8 o c Z r'7z e o 0 ICp6 O C� fyq Li E+ 'O yY r'l o W 1 n d^ o F ail Sy V m SL H C vNi H N N C P G O H C � H O ti N rn U H S H S S H S S O P H S N S p S cL o O T O T n PV Q M N o O O b O O n vj N o N P o S O �O v h N ^ N 0 0 0 N 0 o N N p ? 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Sam Houston Pkwy. East Houston, TX 77047 Re: Construction Drawings & Specifications For Port Crossing and Review of Bids By the TIRZ #1/Redevelopment Authority Dear Mr. Plank: Per Article 4.2 of the TIRZ #1/Redevelopment Authority Reimbursement Agreement, the City and other appropriate jurisdictions are to approve the construction plans and specifications. As you know the submittal and review process for these drawings has been very fluid, often with corrections and comments being incorporated "on the fly." It is my understanding that the drawings and specifications are close to final approval by the City and other agencies involved in the review. Prior to submittal of bids to TIRZ #1/Redevelopment Authority the following approvals must be received. *City of La Porte *Harris County Flood Control District *TxDOT *Harris County Infrastructure After final approvals are received we will ask for confirmation of the bids since they pre -date final approval of the plans. Once the approvals and bid confirmation is received, we will confirm a date for a meeting of the TIRZ #1/Redevelopment Authority. We will need at least one week for time to prepare and post an agenda. Additionally, there are some outstanding peripheral issues related to the SCUP, covenants, and City of La Porte Development Agreement. To address these items, please contact Wayne Sabo, Director of Planning. JJ/ml c: Hilda Scott, P.E., Goldston Engineering, Inc. David Hawes, TIRZ Consultant. . Wayne Sabo, Director of Planning `c 604 W. Fairmont Pkwy. • La Porte, Texas 77571 9 (281) 471-5020 Port Crossing Page 1 of 2 Lanclos, Melisa From: Joerns, John Sent: Friday, August 04, 2006 8:30 AM To: Lanclos, Melisa Subject: FW: Port Crossing Infrastructure Project Please print and file with the letter we sent-JJ From: Russell Plank[mailto:rplank@nationalpropertyholdings.com] Sent: Friday, August 04, 2006 8:16 AM To: Joerns, John Cc: Sabo, Wayne; David Hawes Subject: RE: Port Crossing Infrastructure Project Dear John, We appreciate your letter dated August 3, 2006 and understand your concerns. Currently, we have approvals and/or permits from TxDOT regarding the waterline crossing at SH 146 and the two roadway connections at Export Drive and Wharton Weems Blvd. We are also conducting a Warrant Study for the Wharton Weems Blvd./SH 146 intersection to determine the need for full signalization and the potential need for acceleration and deceleration lanes. Harris County engineering/permits had no comments on our last set of plans. Precinct Two is also up to date on our progress. Harris County Flood Control District is simply waiting for a letter from the City of La Porte regarding the long-term maintenance of the detention ponds and drainage channel within Port Crossing. This is required because we are abandoning the current 100-foot drainage easement as part of the Port Crossing master plat and replacing it with a regional detention pond. We have inserted language in our Development Agreement and CCRs to assure the City that we will be responsible for all maintenance as a developer and, ultimately, a commercial property owners association. If you need any further assurances regarding the long-term maintenance, please let us know and we will accommodate. Regarding the SCUP, Development Agreement, and CCRs, I believe we have made all the changes that were agreed to with Clark Askins and Wayne Sabo and are ready to proceed. If any additional changes are required, we are more than happy to review and make any reasonable changes necessary. Rodney Slaton is meeting with Goldston Engineering today to review the final changes to the plans. We anticipate resubmitting the plans to the City for review on Monday. We will keep you and your staff abreast of our progess and notify you when the plans have been approved by the appropriate jurisdictions. Thank you again for your assistance in these matters. Sincerely, Russell D. Plank Vice President Port Crossing Land, LP 8/7/2006 Port Crossing Page 2 of 2 713-578-1234 -----Original Message ----- From: "Lanclos, Melisa" <LanclosM@ci.la-porte.tx.us> Sent: 8/3/2006 8:48 AM To: "Russell Plank" Cc: "Joerns, John" Subject: Port Crossing Russell: FYI: The attached letter is being mailed to you this morning. «Plank-Const. Drawings&Spec.080206.doc>> Thanks, Melisa Melisa Lanclos, Executive Secretary City of La Porte City Managers' Office (281) 470-5016 Ian closm @ laportetx.gov 8/7/2006 ITEM #5 O O O O O O O O O O O O O O C C O O O O M oo O O v� O C. N O b O O b O O O y v� GD N oo M N 00 M M N h eF V1 7 N C. 613 64 69 o 60) 6A 6s 6s 6A 6s 6s 6A 6A fR 601) 6s u M Qj O O O O N O O O O O O O O O O O O O O C N h O O O 00 N 00 O M_ C h C> en o InE.,i oo N h N N l 611) 6A 6s 6s bs 6A 64 6s 6A 69 6s 6s 6A ff! 69 O O O O O O O O O O O O O O O O C. 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Sam Houston Pkwy. East, Suite 100 Houston, TX 77060 RE: Lakes at Fairmont Greens, Section I Construction Drawings & Specifications for Water/Sewer/Drainage/Paving (WSDP) Dear Mr. Reed: As per our review, the referenced infrastructure plans and specifications for Section I are approved by the City of La Porte with the following provisions: o Corrections/modifications per attached comments o Approval of the outfall by Harris County Flood Control District Once these are completed, the Section I infrastructure construction drawings and specifications are approved. When bids are solicited, please ensure that they include the corrections/modifications in the attachment and any additional requirements by Harris County Flood Control District. Additionally, there are some outstanding peripheral issues related to the SCUP, covenants, fencing materials, pedestrian trails and other matters that must be finalized and approved and/or constructed prior to release of the plat for recordation (see attachments). If you have any questions or would like to discuss, please feel free to call me at 281/470-5012. We look forward to the successful completion of this project. - Sincerely, 4Assis Joerns tan ity Manager Attachments JJ/ml c: Jeffrey Cohen, ION Design Group David Hawes, Consultant , Steve Gillett, Director of Public Works Wayne Sabo, Director of Planning 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 Attachment to: Letter Dated July 10, 2006 Lakes at Fairmont Greens, Section I Review of Construction Drawings and Specifications Site Plan Access road for lift station should be a minimum thickness of 6". Minimum width should be 10' up to the lift station and should have adequate turn around and radius behind lot 57 & 58. (Ref: Drawing No. C1.01) Utility Layout Plan Fairway Dr. and Birdie Cir. — Water line not looped (411). East end of Fairway Dr. extend water line around to lot 91. Eliminate long water service lead under pavement. (Ref: Drawing No. C6.03 & C6.10) 12" Water Plan At station 13+13.32 — Call out 8" gate valve should be a 12". (Ref. Drawing No. C6.03) Sanitary Sewer Plan Show water line to lift station on water layout plan. (Ref: Drawing No. C6.05 & C6.6) Ch/. Message Page 1 of 2 Lanclos, Melisa Subject: FW: Norman Reed and bids for tirz approval --related stuff From: Sabo, Wayne Sent: Tuesday, September 05, 2006 11:39 AM To: Joerns, John; Slaton, Rodney; Malik, Masood Subject: FW: Norman Reed and bids for tirz approval --related stuff Rodney: We also need: • Calculations for the Hettig 20 acre tract to account for drainage into the 'ponds'. • payment milestones for the engineer (24" trunk main) • How long is the bid good for? • sign -off sheets for this project be sent to JJ • complete check on 24" trunk main deliverables. JJ: See below. W -----Original Message ----- From: Malik, Masood Sent: Tuesday, September 05, 2006 10:33 AM To: Sabo, Wayne Subject: RE: Norman Reed and bids for tirz approval --related stuff • Special Conditional Use Permit #SCU04-012, with 1-year extension commencing July, 2005, has expired. • Developer's Agreement is not signed. • Covenants, Conditions, and Restrictions (CCRs) doc. needs to be submitted for review. Deed restrictions shall be approved by the City Attorney. • Utility Extension Agreement is required for the sanitary sewer trunk main,.lift station, and other infrastructure. • Fence — Wrought iron fencing sample brought by the developer is not up to the commercial standards. Fencing material would be approved by the staff. • Wall - sample shown was satisfactory, yet to be approved by the City. • Wharton Weems Blvd. — Turn lane, traffic light, sidewalks (RS) • Submit a pedestrian/bicycle trail plan showing all amenities along the linear park. • Sanitary sewer easement is required for 20 acres tract in center of development. • Once approved by HCFCD, replat shall be submitted to the City. thx.m From: Sabo, Wayne Sent: Tuesday, September 05, 2006 8:57 AM To: Malik, Masood 9/8/2006 Message Page 2 of 2 Subject: FW: Norman Reed and bids for tirz approval --related stuff I need the list of deliverables that Lakes at Fairmont Greens still owes the City .... see last paragraph of the email below. W. -----Original Message ----- From: Joerns, John Sent: Monday, August 28, 2006 3:49 PM To: Sabo, Wayne Subject: FW: Norman Reed and bids for tirz approval --related stuff Wayne- FYI e-mail to David Hawes —see last paragraph ---- we discussed a list earlier -please get going on it. Include all things -the UEA, the scup, the covenants, etc. Would like to have soon —let me know if you need to meet to discuss. JJ 9/8/2006 AGENDA ITEM 6: DISCUSS TIRZ GUIDELINES ORIGINALLY ADOPTED BY THE CITY At the time of creation of the TIRZ there were some political concerns/issues relating to what we should do or shouldn't do for development in the TIRZ (some of this attributable to the first developer/applicant). This resulted in a policy that is hard to administer and may/may not be fair to other developments on the horizon (Retreat at Bay Forest/The Preserve at Taylor Bayou). Most cities with a TIRZ have adopted straight percentage participation for infrastructure. Although the guidelines were approved by City Council I felt it appropriate to review with the Board/Authority and receive any input/direction. Discussion will be expanded and examples will be provided at the meeting. ORDINANCE NO. 99 - , AN ORDINANCE ADOPTING TAX INCREMENT REINVESTMENT ZONE GUIDELINES FOR THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY'HE Ci1Y CQLZNCIL_QF THE C>TX 4F.,LA:QRFE-v- Section 1. The City Council of the City of La Porte hereby adopts Tax Increment Reinvestment Zone Guidelines, in form attached to this ordinance as Exhibit "A", incorporated by reference herein, and made part hereof for all purposes. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government .— Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this "r) L"; f_ day of (V1 iV\ { , 1999. CITY F LA PO R E By: �, w�. ATTEST: Martha A. Gillett City Secretary APPROVER: Knox W. Askins City Attorney 3. Under current Texas law, the City cannot delegate or extend to the Board its power of eminent domain. If the applicable state law is amended to permit the delegation of extension of such power, the policy of the City is not to authorize the delegation or extension of its power to the Board. In addition, the City will utilize its power of eminent domain within the Zone only if the City Council finds that a public purpose will be served by such an exercise of the City's power. If the Board proposes to condemn property for purposes related to redevelopment or urban renewal, the City will not exercise its power of eminent domain unless the City Council additionally finds that the property or the area immediately surrounding that property contains a substantial number of substandard, slum, deteriorated, or deteriorating structures. Provided, however, that in no event will the City condemn a residential homestead for purposes of redevelopment or urban renewal unless City Council finds that the property proposed to be condemned is, in fact, in a substandard or blighted condition. 4. The City will hold a public hearing prior to the approval of a Land Use Plan for the Zone in accordance with the City's Zoning Ordinance. The City will provide notice to all property owners within the Zone by certified mail, return receipt requested not less than fifteen (15) days prior to the hearing. 5. The City Council by ordinance may authorize the Board to provide for the management and administration of a public improvement district created within the Zone, as provided in such district's service plan required by law. 6. The City will not consider the creation of Municipal Utility Districts within the Zone. E. Eligible Project Costs In conformance with 311.002 of the Tax Code, the City shall consider the "except for' requirements required for the creation of the Zone and make a determination on a case by case basis of the project costs necessary to implement the Project Plan and Reinvestment Zone Financing Plan. In general, the City may consider the following project costs as eligible, but is neither obligated nor limited to the following: a. Off -site utilities required to bring utilities to the Zone (e.g. water, waste water, road and drainage facilities, street lighting and traffic lights); b. Upgrade existing infrastructure to provide additional capacity for future development of properties within the Zone (e.g. lift stations, 6 Revised 5/12/99 water and waste water improvements, turning lanes/intersection improvements, waste water treatment plant enhancements); C. Land purchase for public facilities and construction of projects that serve the general public such as overpasses, interchanges roadway beautification, convention centers, amphitheaters, marinas, park improvements, etc. d. Oversizing of infrastructure within the Zone, including water, waste water, streets (arterial or greater), drainage (major channels and detention basins) and street lighting. e. Specialty items such as signage, streetscape/landscape improvements and including the construction of sound barriers, buffering landscape between residential and nonresidential uses, and common recreation areas shall be considered on a case by case basis. ` f. In general, the City will not consider as eligible costs the public infrastructure or land acquisition costs for individual developments within the TIRZ boundaries that serve only that development. g. Exceptions to the policy on eligible costs will be considered on a case by case basis. 2. The City may retain funds as provide in Chapter 311.002 of the Tax Code to be reimbursed for the following: a. administrative costs attributed to others, plus reasonable charges for the time spent by employees of the City in connection with the implementation of the Project Plan and Reinvestment Zone Financing Plan; b. the amount of any contribution made by the City from general revenue for the implementation of the project plan; and C. payments made at the discretion of the governing body of the City that the City finds necessary or convenient to the creation of the Zone or to the implementation of the Project Plan and Reinvestment Zone Financing Plan. F. Board of Directors The Composition of the Board of Directors is determined by the Tax Increment Financing Act. For a Commercial Zone (less than 10% of the Zone is currently residential use), the Board of Directors consist of at least five (5) and no more than fifteen (15) 7 Revised 5/12/99 AGENDA ITEM 7: STAFF REPORTS • STATUS OF ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE (ZONING ORDINANCE), BY ADDING A SECTION ENACTING EXTERIOR BUILDING DESIGN REQUIREMENTS FOR STRUCTURES LOCATED WITHIN THE CITY'S TAX INCREMENT REINVESTMENT ZONE NUMBER ONE • UPDATE ON DEVELOPMENTS ORDINANCE NO. 1501 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY AMENDING ARTICLE IV. PLANNED UNIT DEVELOPMENT DIVISION 4, REQUIREMENTS, SUBDIVISION 1, GENERALLY, AND BY ADDING SECTION 106-680, EXTERIOR BUILDING DESIGNS, FOR THE CITY'S TAX INCREMENT REINVESTMENT ZONE NO. 1; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to -wit, on the 17'h day of August 2006, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on August 17, 2006, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated August 18, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501- Page 2 Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 11t'day of September, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the ordinance. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the Zoning Ordinance by adding Section 106-680, Exterior Building Designs for the City's Tax Increment reinvestment Zone No-1 to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for ORDINANCE NO. 1501- Page 3 the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the day of 2006. CITY OF LA PORTE M ALTON PORTER, Mayor ATTEST: By: MARTHA GILLETT, City Secretary APPROVED: By: CLARK ASKINS, Assistant City Attorney ZONING § 106-696 (c) Prior to recording in the county deed records, approval of the city shall be secured as to the documents described in subsection 106-676(b). (d)The declaration of covenants, conditions or restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration. (e) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. Sec. 106-677. Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Proposed utility connections shall be subject to approval by the planning director. Sec. 106-678. Building height. Height limitations shall be the same as imposed in the respective districts. Sec. 106-679. Roadways. Private roadways within the project shall have an improved surface to 24 feet or more in . width and shall be so designed as to permit the city fire trucks to provide protection to each building. No portion of this required 24-foot road system may be used in calculating required off-street parking space or be used for parking. *'Sec. 106-680. Exterior Building Designs The material used on the exterior fagade of all commercial and industrial buildings within the City's TIRZ No.1 shall conform to the requirements below and in accordance to the appropriate zoning district, land uses, and visibility of the site. (a) Minimum exterior wall standard for any building visible from a major thoroughfare or directly abutting residential development shall be 100% masonry or glass, e.g. brick, stone brick veneer, tilt wall, decorative or textured concrete block, split face block, stucco, and EIFS (Exterior Insulation and Finish systems). (b) All nonconforming structures must come into compliance with the above standards whenever a permit is desired and under review per Sections 106-262 and 106-268 of this ordinance. Any pre-existing building which is required to conform to this section shall have front fagade 100% masonry or glass, side/rear 50% masonry or glass. Landscaping: Minimum 10% tKh;b�l �