HomeMy WebLinkAbout04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
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PLANNING AND ZONING COMMISSION
MINUTES OF APRIL 18.2002
Members Present: 'Betty Waters, Hal Lawler, ~oss Morris
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Members Absent: Melton Wolters, Ralph Dorsett, Dottie Kaminski, Pamela Baldwin
City Staff Present: Director of Planning ,'Doug Kneupper. City Planner Gwen Goodwin,
Planning Coordinator Masood Malik, Assistant City Attorney John
Armstrong. Inspectio~ Services Coordinator SherryJennings
The meeting was called to order at 6:04 PM ~d adjourned at 6:14 PM due to lack of a
quorum.
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PI~ng Secretary ~' ' ',' ,
. Approved on this_I ~ ~daYof~.2002
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Betty ters '
Planning and Zoning Commission Chairperson
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Fairmont Park East, Sections 5
(Preliminary Plat)
Exhibits
A. Staff Report
B. Vicinity Map
C'. Preliminary Plat
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Staff,Report
Fairmont Park East, Section Five
Preliminary Plat
May 16,2002
Requested Action: Consideration of Preliminary Plat for Fainnont Park East, Secf:ion Five
Requested By: Mr. Eddie V. Gray, Trustee
Requested For: A 16.7686 acre tract out of the William M. Jones Survey; Abstract No., 482,
Hanis County, Texas and being a part of a 266.154 Acre Tract described in
Film Code 184-69-2052 in the Office of the County Clerk of Harris County, ,
Texas.
Present Zonine: Low-Density Residential (R.-l)
Requested Use: Residential Subdivision - (Single Family Dwellings)
Backeround: At the February 21, 2002 meeting, the Commission recommended to City
Council Rezone Request #R02-001. On March 18, 2002, City Council
affirmed the Commission's recommendation and established Ordinance
#15.01-UU rezoning 16.7686 acres of land along Driftwood Drive in the
Fainnont Park East Section Five from 'GC to R-l.
During the March 21, 2002 meeting, the Commission approved the
Amended General Plan for Fairmont Park Eas~ Sections 5-9 with the
following condition:
· Dedication of a pedestrian easement along the Exxon/Mobil pipeline to
provide access between Fairmont Park and Fainnont Park East The
developer and the City staff shall work towards resolution of this issue,
prior to filing of the Preliminary Plat. (NOTE: Mr. Gray will convey
this pedestrian easement in a separate document John Armstrong, the
City's Attorney, is developing this documentJ
On March 22, 2002, Mr. Gray submitted a Preliminary Plat for Fai rmont
Park East Section Five, a residential subdivision off Driftwood Drive. As
shown, there are 4 blocks and 72 lots with two points of access into the
subdivision.
Fairmont Park East, aon V - Preliminary Plat
5/16/02 - P & Z Meeting
Page 2of3
Analysis:
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Section 4.03 and Appendix D of the City's Development Ordinance establish
. review criteria for major subdivisions. Staff also used criteria in the City's
Zoning Ordinance and Comprehensive Plan to review this project.
Land Use - The project's proposed residential use conforms to the character
of the surrounding land uses and the R-l zoning district. Properties adjacent
to the site are overwhelmingly residential with some commercial properties
along Fairmont Parkway. Reserve "F" (0.4586 acre), at the southwest corner
of the subdivision along Driftwood Drive, is restricted for co mmercial use.
This Reserve is appropriately zoned GC.
Transportation/Interior Circulation - The proposed project is situated
approximately 200' north of Fainnont Parkway and south of the detention
pond along Driftwood Drive. The main access to the proposed subdivision is
along Driftwood Drive, which has 80' of Right-of-Way (ROW). Fainnont
Parkway, a primary ,arterial with 250' of ROW, should easily accommodate
the traffic generated by this development
The proposed subdivision will have internal streets with 50' of ROW. The
layout creates two points Qf access off Driftwood Drive to this proposed
development
Sidewalks - As a part of the General Plan, the developer agreed to construct
sidewalks along both sides of all public streets within the subdivision and
along east and west right-of-way of Driftwood Drive towards the end of the
subdivision line.
Parks and Recreation - Section 12.0 of the City's Development Ordinance
requires the developer to provide on site open space and recreational space
or fees in lieu of parldand to the City: Per the Ordinance, an area of land
dedicated to the city for parldand purposes shall equal one aae for each 160
proposed dwelling units. This subdivision has 72 lots. Based on the above
formula, the area required for parkland use equals 19,602 sq.ft or 0.45 acre.
Reserve "H', at the comer of Springwood Drive and Driftwood is dedicated
to the City for parldand use. If the detention pond is developed into a park,
the contemplated primary use of this reserve will be parking.
Utilities - There are sufficient water and sewer facilities in the vicinity to
provide service to this proposed development The developer is responsible
for pt"9viding all necessary public infrastructure (structures or improvementS)
to accommodate the subdivision's water and sanitary sewer needs. The
design and construction of all water and sewer systems shall be in
conformance with the City's Development Ordinance.
Drainage - During the development of Fairmont Park East Sections Five to
Nine, an 8-acre detention pond was designed and created to accommodate
storm water drainage from all of Mr. Gray's development (approximately 77
acres) east of Driftwood Drive. Since the approval of the General Plan, Mr.
Gray sold approximately 2.23 acres of land zoned GC. This property is
bound to the south by Fainnont Parkway and to the North by the proposed
Fairmont Park East, .on V - Preliminary Plat
5/16/02 - P & Z Meeting
Page 3 of3
Conclusion and
Recommendation:
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Section Five. If the intent is for these properties to continue to drain into the
detention pond, future drainage plans for these commercial developments
must be shown on the Construction drawings for Section Five. Otherwise,
these properties must provide individual on site detention.
The proposed Section Five was designed so that all storm drainage flows
directly into the detention pond. (The City prohibits any direct drainage onto
Driftwood Drive.) The pond's size and capacity were reviewed to ensure that
it can adequately serve the proposed development without burdening the
existing system. The developer shall provide all the necessary easements
required for proper drainage, including storm water inlets.
The Preliminary Plat is in accordance with the City's development
regulations. Staff recommends approval of the Preliminary Plat with the
following conditions:
. Construction drawings shall indicate off-site drainage improvements to
ensure proper drainage of the adjacent commercial property and pipeline
corridor.
. As agreed to in the General Plan, the developer is responsible for
installation of sidewalks along both sides of all public streets within the
subdivision and along east and west right-of-way line of Driftwood
Drive towards the end of the subdivision line.
Options available to the Commission are as follows:
. Approval of the Preliminary Plat authorizes the developer to submit a
Final Plat.
. Conditional approval of the Preliminary Plat requires submission of an
amended' Preliminary Plat and additional documentation as specified by
the Commission for final Commission approval.
· Disapproval of the Preliminary Plat requires submission of a new
Preliminary Plat.
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ATTEST
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. Sdcr~""" La POI".a ?lannmg -1
Zar.lf\g"CammIIJlan
By.
O~ot. La Pan. PI3MIlWJ Oep~enl
This is to certify Ihill tha CiCy Planning Oepar".menl at the City of La Porte. rll:lO has
approved :hi. Mt of Impravemdnl & ConslNcban Plans of FAJRMONT PARK EAST.
SECTION FIVE In confannance wtUl U'Ie ardinancea 01 the City af'" PaM .nd .
authorizea the t'BCCldin; af!hia let of fmptO\rement & Consar.JCllCn Plan. lnlS_
claVal .,..,:30_, ,
CilV Engineer
By: -
CftaIIma:1, La P:::rta ?!ann:ng a.
Zoni"ll CammiSIiCII
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a;!,~o,n ,I:a te ~., on F...Il!Iat)
IFlood Zene "X"
'F.Irm Map ~20'C0&45'
Revifed:,11/ll/Sll, _ :'..4:
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Plannans; OirlCl:ot
This it:o certify mat EOOIEV. GRAY. TRUSiaE. owner aI land )eing ploneci or
lubCivrda<<:! lcnow" as FA:R.\ICNT PARK EASi. SECnON FIV:. approved llIy.the La
PDI18 ell'! P!annlng and Z=ning Commission. aulflonzed Salie:ty S. ~ufman. County
C"rtc or Hilms County, r8Xal or her ilLlthOri3d lJe:Juty to rltum m. original recatded
mal' or,plat af ,aid iSubdNi.ian only to Ihe O,rec;tor of L"le City 01 La Porte's C,,",,"Loinily
Ofte!apm'!tlt Oeaarunent or!a his authorized representati..... who snail fife such.
ariginal recorded map or ;:II8t :n tne j:ldrrnanen~ recc"rd. of thai O'DanmdnL
&gnalll<e
Eddie V. Gray. TNst..
Notary SignaNr.
EddI."'ii:"GiiY.T_...
1rrA1C OFlExAS
,COUNTY OF HARRIS
BEFORE ME, III. undeIslgned aulhari1y, an this day p....",aIIV ap_<8d EODIE V,
GRAY. Trulted. !mown to me to !:Ie U\e pcncn whose name is sutlscnbed to tne
foregoing inllrUInenl and adu1OW1edg'td to me U1illlHllPOQlE!Id d1e same tQl' tn.
purJ:Gses and cansidemian trlerein lei b1n..
!IN.n under my IIand and ..al aI_lllis ---:.... day at
2002.
~caary PrinUtd Name
My Commilsion ExpltlJl:
By:-':
, Deputy
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Cleft 01 Ihe C.:Juniy CI1l.ltt D
Harris County. rexas
IShllrly B. Kaufman. CI~ of the C;ounry Court at Hams. do hereby certify thallhe
wilhin instrument with lIS certolicate of aUlhenlfcancn was tired far registr31ion in my
office on. . 20 . .., O"ClodI:. 3M in Film COde
ND. o'lI1e map records'of Hams C;;U;:-rexas .
Wilness my hand and .seal 01 off.c:a. at Hous~. :.~ day and dale last :leave wnnen
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'EXHIBIT' ()'-
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JOB NO.
RECEIVED
MAY Of ZOOZ
PLANNING DEPJV
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SHEET NUlola;::~
James'll. Gametl Jr. R P LS
r"uas Registnn:.an No. 1445
I, .w.,es W. GARTRELL. JR.. am regisldled un~er Ihe 13ws of the Slare of Texas ta
practice the praf!tSSian of SUNe.png and n.,ebV c:emfy lhal the above alai II ClUe and
cor,.cI and 1J'I.' all bearings. dlshlnces. angldS. cur... tadluses. and cennl anglll!s Irt!
8CCUI'atlty shown en 11".. ;:JIll.
I. JAMES W OAATRELL. JR.. regsslered unde, rne law, of me Slale at Te:.as 10
ptacxe tne ;:JrOfeas:cn ot 'and SUf\'eylng. do herecy certify U'lal this ~lal accura~ely
repre.senls the rnulls of a Mey per!ormllld tinder my SUpe,.-nslon Ind !l'lal atl
boundary c.arners. single points and aoint'l at curve haw ~een. or waD be marlled ~
518- Iron rods nel feu tt\an rhllTi (30) Inches In length Ind Inat II'1.is pial substantlallv
camplitl:s !Nlth 11'18 requirements 3S spec:fied in the City of LaPo,.... Oe'lelcpmern
On:linance. .
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Know aI men b, lha18 presenlS dtat I. .ECOIE V. GRAV. TIUIIee. own.. at the nc:l
camprising 1M propetty au!:dklidad in Iha above and taragail1lil map of FAIRMONT
PARK EAST, SECTION FIVE. do IIereby mak. subdivillan aI..", p'!'per.y .a:an:llng
to tI\e lines. strHts. building Unes. Ind.usem1tn1S thatein shown. and designahl' 'laid
subdMIian u "FAlRMONT.PARK EAST. SECTION FIVe-!n to'" Wlmam M. JOIMIS
Survey. A-482. La Parte. Ham. County. Te.was and to the public :.118. !II sucn. the
sIr8ets and aasamenlllhawn Ihereon rorev.. and .:So nerety WOIMt any duns lor
damages accasiar.ecI by the es:abllSl\fnQ 01 ;r84U as lIapfD'Ved far tile S::'NtS and
alleys dedicaced or ac:casfcned ~ ~ II:eraticn at the $Ul'fac.t of any paruort of streets
or alleys to confcnTI to such Qrac!es and dO n....by bind myseff, my heirs and auivM.
to ~ and defend Ehe lid. ta the iand 10 dedicaced.
I hereby CGVenanl ..nd agree with Ihe Ciry"of La P<me mil lots .iljing.:Jft Onft.vcad Drive
shaD naill_vIIi cti~ drty~y acca~s ~ said ,oljftwaacl Drive.
There is also dedic:aEed rOt 1.ltilttilS an l.&I1ot1str.JctacI aertl' eawmar.t five (5) 'eel wide
tram I plar.e rNl!nty (20) (HI 3D0V4 lh. ground upward. IocatfdCI adJacent ~ atl
usemeins shown hereon. excepl ~ .MWer and l,Inderqrcund ea:semdnts. Ilurth4f
cavananc and ~il. with the City of La Po"" 3nd ler Iny praper.y CNmer tnal Ubbly
euemenls snOwn in adjacent acre..... ate nerey Hl3blishlld as snawn.
,FURTHER. 11101 J/le ""''''''''' ~.c.d in J/le .-. and !at"'loing mill sholl be
raVJc;".ed in lIS use. wnich itls1ric:icnl shaD tun W1G'1 the ~d<J Ia rn. property ilM SUliI bd
enfarctable. II ene ~ption of me City of La Parte or art'f atwtn m....lIOI.
In res..nanv, whenlot, sign... by EDOIE V, GRAY, TlUSlH,lhis _day aI
A.D.. 20_,
STATE OF TEXAS
COUNTY OF HARRIS
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PRELIM~yPLAT."
'F AIRMONT-'RK EAST
SECTION FIVE'. Ii
City of La Porte, Harris COijnty, Te:l(as
. Owne, I DeveIClo.r. _ . :1.
Mr, Eddie V. Gtey, TrU.tee "'I
P.O. 1loll838 !,
B~.~ n520 I
(281) 422.3877 (
- ,(281) 42~.1689 (Fax) '~: .
ANa R..calJ:
4 Block.
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18.1B88 Acnts
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0,45 Acnt
Parlcland
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Special Conditional Use Permit'
Request #SCU 02-001
': Exhibits
A. Staff Report
B. Vicinity lVIap
C. Site Plan
D. Resolution 01-12
. E. Application
F. Draft seu #02-001
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G. Public Notice Response:
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StatTReport
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May 16,2002
Convenience Store with Automobile
and Truck Fueling
Special Conditional Use Permit # SCU 02-001
Request:
Requested By:
Requested For:
Present Zonin2:
Requested Use:
Back2round:
Special Conditional Use Pennit Request #SCU 02-001
Mr. Ameen Narsi
Phase I is a 2.9-acre tract of land out of 5.8 acres described as lots 1 thru 32
of Block 329, including alley and portion of North 2nd Street right-of-way
(closed and abandoned per Ordinance No. 02-2534), out of Johnson Hunter
Survey, Town of La Porte, Harris County, Texas. (The remaining acres are
not being developed at this time.) The property is located in the 300 Block of
West Barbour's Cut Boulevard.
Business Industrial (BI) -' bujlding setbacks: Front 50' - Rear 40' - Side 30'
The applicant is seeking a Special Conditional Use Pennit (SCUP) to
construct Phase I: a convenience sto~ with automobileltruck fueling.
The applicant owns 5.8 acres located along Barbour's Cut ~oulevard
between North 1 st Street (Block 328) and unimproved 3rd Street (Block 329).
(See Exhibit B - Vicinity Map.) The alleys and a portion of North 2 nd Street
right-of-ways were closed per Ordinance #SAC 00-03 on January 14,2002.
The City retained a 60' drainage easement within North 2nd Street right-of-
way to maintain the existing drainage system. In addition, the applicant
agreed to relocate the active 8" sanitary sewer line in,the alley of Block 328
to a dedicated easement located on the east line of the property.
The applicant submitted the following items to City staff: a) construction
drawings for the relocation of sanitary sewer, and b) a re -plat of the property
consolidating Blocks 328 and 329 into,one contiguous tract. Staffreviewed
and approved both items.
In February 2002, the applicant submitted a site plan to construct Phase I: a
convenience store with automobile and truck fueling. (See Exhibit C - Site
Plan. Note: this is an early representation of a site plan. However, if there
are major site plan issues, the Commission may express these concerns at
this time. Once the minor development site plan is submitted, that meets the
City's requirements, Staff will approve the plan as provided by the City's
Development ordinance.)
Staff informed the applicant that this proposed use was not listed in the
regulations for industrial districts. According to Section 106-521, all
"unlisted" uses are considered conditional uses, and require approval of
, SCUP from the Planning and Zoning Commission and City Council before a
d~nitive site plan can be submitted for review and approval.
SCU02-001
Page 2 of3
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Analysis:
Barbour's Cut Boulevard is the main 1mck route to and from the Barbour's '
Cut Terminal facility. As a result., numerous 1mcking services related
businesses are located along this conidor. There is a small residential
neighborhood one blQck to the south of the site and three houses along North
1st Street that are within a General Commercial zone. A Resolution #01-12
promotes North "E" Street from 8th Street to 1st Street as a buffer between
commercial activities along Barbour's Cut Boulevard and residential areas.
Currently, portions of N "E" Street have been cleared, but most of the
neighborhood will be screened from the site by North "E" Street. (See
Exhibit 0 - Resolution #01-12.)
The applicant is seeking the SCUP under Section 106-217 of the Code of
Ordinances, which establishes the following review criteria and conditions
for approval:
. That the specific use will be compatible with and not injurious to the use
an~ enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each district, have
been met, by the applicant.
,. That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public 'interest
and welfare of the community.
Staff noted that the proposed use is compatible with the industrial uses in the
area. "Developing this tract should not have any adverse impacts on the
surrounding area. Because water and sanitary sewer are both available to the
site, only a nominal impact will be placed on these public services. Drainage
issues are handled through stonn water detention within the project. The
applicant understands that no permanent s1mctures can be built in the 60'
drainage easement.
To provide better access, the applicant will improve North 3 rd Street, in
accordance with Section 5.01 of the City's Development Ordinance, to
ensure that paving meets or exceeds street design standards that
accommodate 1mcks. Furthermore, North 3M Street will only be improved to
the end of the driveway (approximately 270'). In the future, North "E"
Street will become a buffer from the industrial uses and the residential
community.
Summaryl
Recommendations: Based on items discussed in this report. staff recommends approval of the
SCUP with the following conditions voluntarily developed by the applicant
and additional conditions developed by staff:
Applicant's conditions
. The facility shall only operate during the hours of 6 a.m. to 8 p.m.
· The facility shall be operated and maintained properly.
SCU02-00 1
Page 3 of3
.
.
. No overnight facilities are allowed on the premises.
. North 3M Street will be improv~ south of the existing paving for
approximately 270'.
Staff's conditions
. At least 15% landscaping and screening must be provided along 1st, 3M,
and North "E" streets as a buffer between the neighborhood and the
proposed facility. This must be compatible with the City's landscaping
Ordinance and beautification plan along Barbour's Cut Blvd.
. No pennanent structures are allowed in the City's 60' dminage
easement. '
. For this phase of development, ingress and egress are limited to 2 points
along, Barbour's Cut Blvd. The second driveway provides shared access
between Blocks 328 & 329.
. Applicant must submit to the City written approval from Hams County
for median break(s) along Barbour's Cut Blvd.
. Driveway turning radii shall be increased to accommodate trucks.
. Automobile and truck traffic must be separated. Signs are pla.qed at each
driveway denoting "auto" or "truck" entrance/exit.
· Street improvement must adhere to the Harris County Engineering
Department's design standards for commercial/indus1rial roadways.
Options available to the Commission are:
1. Approve the SCUP as submitted by the applicant
2. Approve the SCUP with specific conditions either recommended by
staff or by the Commission '
3. Disapprove the SCUP as submitted
A recommendation from the Commission on this SCUP will be forWarded to
City Council for final consideration. If the SCUP is approved by the City
Council, the applicant must' submit a site plan noting the SCUP number.
Construction must begin or a time extension must be filed within one year
after the issuance or the permit shall become void. (See Exhibit E - Draft
SCU#O.2-00 1.)
Pursuant to Section 106-171 of the Ordinances, twenty-two (22) notices of
public hearing were sent to the owners of the adjacent properties. One
response returned in favor (copy attached). -
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!oT BLOCK ~2B." 329 T,OWN, or ...... pORTE
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,;... ,'rail NO, \I N, 1I0ST BOLT ON rH AT
., . N\Y CORNER O' W _BOURS CUT BLYIl.
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- :' l rGAl DESCRIPTION. .;,
AU 'or NORIH '2ND SlRl:ET RIGHT or WAY,
eETWEEN ilLDCKS 328 & 329, iown CfLa Porte
-MAP or LA PORTE OUT of' '
THE JOHNSON, HUNlER SEAVEY A-JS.
LA PORT~. HARRIS C~UN1Y. TEXAS.
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"RESOLUTION,NO. 01-/~,
, .
THIS IS A RESOLUTION ESTABLISHING INTENT TO PROMOTE AND UTILIZE
NORTH "E" STREET RIGHT..OF-WAYFROM NORTH 1ST STREET TO THE ALLEY
BETWEEN NORTH imAN>> NORTH 8TH STREET AS A BUFFER BETWEEN
COMMERCIAL AREAS ON BARBOUR'S CUT BOULEVARD AND RESIDENTIAL
AREAS; ,FINDING COMPLIANCE' WITH", THE OPEN MEETINGS LAW; AND
. PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, 'the ,City" Co~qil 'adopt~d the Northside'Neighborhood Plan on '
November 13,2000.
WHEREAS, the purpos~of the Northside ,Neighborh,ood PI~ is to guide the re~idents,
. .
the ,City of La Porte, and others regarding the quality of life wi~ the Northside Coqununity.
WHEREAS, unimproved North "E" Street right-of-way provides a convenient boundary
, between the, co~e~cial/busines~. industrial ~o~g district and the residential districts to the
south.
WHEREAS, there is opportunity to uti~i~e the unimproved North "E" Street right-of-way
, ,
as a buffer to further insulate the neighborhood from the commercial activities along Barbour's
. . I .
Cut Boulevard.
WHEREAS, City Council determines there is no public need at this time, to utilize North
"E" Street right-of-way for vehic~ar access.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section 1.
City Council does hereby p~omote t4e use of the: unimproved l'forth "E"
, '
Street right-~i-way from North ,i-s~ 'Street to the alley between North 7th and North 8th Street as a
buffer between the commercial' activities on Barbour's Cut Boulevard and residential areas and
hereby dire~ts Planning and Zoning Commission, staff and others to consider this resolution
. . .'
, when dealing with matters of development bordering unimproved North "E", Street right-of-way.
~Q.D
.
.
Section 2.
The City Council officially finds, determines, recites and declares that a
sufficient written notice of the d~te, 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 require~ by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Tx Gov't
Code; and that this meeting has been open to the public as required, by law at all times during
. ,
which this resolution and the subject matter ' thereof has been discussed, considered and fonnally
acted upon. The City Council further ratifies, approves, and confirms such' wri~en notice and'
contents and posting thereof.
Section 3.
This Resolution shall be effective upon its passage and approval.
PASSED AND APPROVED th~s ~ day of September 200~.
CITY OF LA PORTE
~~.
, , , Norman Malon' , Mayor ,
ATTEST:
By:
. CITY OF LA PO~
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
OFFICE USE ONLY:
Fee: $100.00
Certified Phms Submitted:
() General Plan '
(~ Minor Developement Site Plan
() Major Development Site Plan
( ,) Preliminary Plat
Date of P &: Z Public Hearing:
Date of City Council Meeting:
Person Making Request:
Mailing Address:
City IState:
BUSINESS NAME:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
ZONE:
TYPE OF BUSlNESS:
:shJ ) rev
DATE
Zone:
This application is :
CLP JOB /I
A."\1\N ,
, ,
IV ~:n~ )
go I <J?~1t(\' e IJ+ /JdJII ~ ~~:J
I : A. f5Ojl.A-t, '--y(x. ' " , Phone: ~ ~l f! S-o t.f 7- ;;;. ,7-
7C JC~ 6 0,61\1 l/~!JJ J- 6'70.JL,-e
60 )'2nJvi:xJ\);l.j ao J- ' 11 Jy d
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<l5~
SIC USE CA
'I ',,.QI/,- 1- ~7M
t.j J.FlJ!~ ~
, , OFFICE USE ONLY
Recommendation: Y or N
Approved: Y or N
Approved ( ),
Permit No.
Denied ( ),
(If Assigned Yet)
ConditioDS:
DATE
,
_B.E
ZONING ADMINISTRATOR
.
.
City of La Porte
Special Conditional Use Permit /I SCU02-o01
This permit is issued to:
Ameen Narsi of Narsi. Inc.
Owner or Agent
301 W. Barbour's Cut Boulevard. La Porte. TX
Address
For Development ot
Convenience store with automobile & truck fueling
Development Name
301 W. Barbour's Cut Boulevard. La Porte. TX
Address
Legal Description:
2.9 acres. being lots 1 thru 32 of Block 329. including alley and portion of
North 2nd Street right-of-way. out of Johnson Hunter Survey. City of La Porte.
Harris County. Texas.
\
Zoning:
Business Industrial
Use:
Convenience Store & AutolTruck Fueling
Permit Conditions:
1. The facility shall only operate during daytime hours (6 a.m. to 8 p.m.).
2. The facility shall be operated and maintained properly.
3. No overnight facilities are allowed on the premises.
4. North 31d Street will be improved south of the existing paving for approximately 270'.
5. Mleast 15% landscaping and screening must be provided along 111, 31d
6. and North "E" streets as a buffer between the neighborhood and the proposed facility. This must be compatible with
cunenf landscaping scheme along Barbour's CUt Blvd.
7. No permanent structures are allowed in the City's 60' drainage easement.
8. For this phase of development, ingress and egress are limited to 2 points along Barbour's CUt Blvd. The second driveway
provides shared access between Blocks 328 & 329.
9. Applicant must submit to the City written approval from Harris County for median break(s) along Barbour's CUt Blvd.
10. Driveway turning radii shall be increased to accommodate trucks.
11. Automobile and truck traffic must be separated. Signs are placed at each driveway denoting "auto" or "truck" entranoe/exil
12. Street improvement must adhere to the Harris County Engineering Department's design standards for commercial/industrial
roadways.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date: June 10. 2002
Director of Planning
City Secretary
EXH"'~F
t!f(
SCU 02-00] and SCU 02~002 '. La Porte P & Z Commission . ,.
4w:Lod~h1. 6erVl.~ ~rO:I1J
PIovvtYll Vl5 ~ 2-~fj (Y)ee-+t11j
SeD 02-001
Meeting Date: 05/1 6/02
o:t 5-/~-(j~
Project: Convenience store at 301 West Barbours Cut Blvd.
" ,
].0 My understanding and recollection of the origirial proposal was only about a small restaurant (barbecue joint)/grocery store/gas
station (car) combination. ' .
2.0 Now we are talking 5.8 acres in two phases, large convenience store with truck/car fueling. How does that compare, with the
existing new truck stop (Phillips 66) at the comer of Bar~ours c~t Blvd and ]46?
3.0 If this were allowed, should the Bayport project be implemented in Seabrook, a precedent would have been created allowing
PHA or somebody else to expend across ] 46 and spreading all the way to La Porte.
4.0 The ~ecord of the container industry has been lousy in La Porte area next to Morgan's Point (or 'what's left of it). The container
sprawl is on the move; this 'portion of town is turning into a genuine rust belt. Whatever happened to the three container high
limit and the green ,barriers around these eyesores? Some people paint large sale signs on these containers making certain ,that
th,ey will be seen. We even have a container. at the co~er ,of Fairmont ParJcway and South Broadway (flower shop).
r
5.0 We obviously need more of these installations to upgrade our neighborhood. Going by the' track record, why should we trust the'
present applicant to live by its promises, which bring into question the wisdom and forethought of this commis~ion. Please deny
this request as proposed. At a ,minimum, scale this project down to its original, intent.
File Name:05-16-02 P&Z SCU 02-ool_02-002.doc
Page 1 of3
.
.
'i'
seu 02-002
Project: Texas ImportiExport Park at McCabe road and new 146.
1.0 The size of the project is most impressive, almost 300 acres! The location flies in the face of future planning, by the city,
concerning the development of the area next to the newly created municipal golf course. How many people will invest large
amount or any money at all in real estate holdings including a large and 'expensive home next to an industriafpark? What is this
going to do to the tax base for this area? '
- "
2.0, We have been trying with some success to clean up this part of town, with the aim to make it pleasant to live there. The last thing
we need is an industrial park with the noise, the sights and the traffic' congestion. '
3.0 Going over the document submitted to our attention, Special Conditional Use Permit:
3.1 Background:
· Why did CDM opt out of the project?
· What is the "Exxon Drill site"?
3.2 Article VIII:
· The already congested 146 will be much worst all the way to Wharton Weems. The traffic is now stop and go from
the Kemah bridge to some distance past Port Road, from 3:30 PM to at least 7:00 PM.
· Since Harris County will foot the tab for the overpass study at Fairmont Parkway and the Rail intersection, what
will be these people's contribution?
· Of course, the large number of trucks (mostly diesel) and their influence on the local population' has not been
raised. It's only a matter of atmospheric and noise pollution with the health consequences on top of the traffic '
congestion. As we know, we are already in n<?n-compliance regarding the natio~al ozone standard, 4th worst in the
nation. Do we know the estimated number of trucks that will come and go at anyone-day?
3.3 Article IX:
· We are to believe that the developer will actually ~anage the rail yard so it "mav decrease the conflicts at Fairmont
Parkway". ,
· But, since there will be oqly "22" rail lines in that amount of spac::e, I ca~not see why there ~hould be a problem! -
3.4 Exhibit "D" Land Use Exceptions:
· We already know the influence of shipping containers on the neighborhood, per the preceding section. Why are
shipping containers permitted when, in pure contradiction with Exhibit D later, they are excluded in three
successive paragraphs? If this is allowed, the city of La Porte will be sandwiched in between two gigantic rust
piles, stacked sky high.
,35 Conclusion:
I am certainly glad to see that the staff (meaning who?) and the developer agree that this is in the best interest 'of the
people. It is always reassuring to discover that our public servants have our best interest at heart. By the way, I ani still
looking for their comments as announced in the section 5 ofthis document (missing, but is it ~vailable?)
4.0 Development Agreement: .
4.1 What is the significance of the date: 10th of June 2002? Please explain.
SCU 02-00 1 and SCU 02-002
.
La Porte P & Z Commission
.
Meeting Date: 051l~/02
1
4.2 Recitals: How d~es the multifamily residential fit in this picture?
4.3 8.3 Page 6 of 9:
· What is the role and influence of th~ Port of Houston Authority in this project and what are the links to the
proposed PHA project in Seabrook? ,
· Grade separation: Does this refer to the overpass on Fairmont? Is it the same one as described earlier whereby the
developer is no longer contributing to the expense of the engineering design?'Did somebody miss something?
The rest of this document is mostly a re-hash in other terms of the preceding section with no value added. Two
interesting point~ however, the address of the, developer: Houston, not La Porte, and the owner or Agent: Los Angeles
, California (Do these people have any interest in the Long BeachILos Angeles corridor? If you have been privileged, as I
have been to see this, you will not want to see this happen to your neighborhood).
5.0 Exhibit D:
5.1 As outlined previously, three consecutive paragraphs excluding the use of shipping containers.
5.2 Article VIII:
· Section 5. (g): Shipping containers again, and as we already know, there will,be no violation of the City ordinance
regulating their use. .
In conclusion, I fail to see the harmonious coexistence of such an endeavor with the proposed planned community around the
newly created golf course. How is this compatible? Who would be fool enough to invest heavily in private or even public housing
around such a creation? I was under the impression that this part of town would be ciassified as residential. We already have an
"industrial doldrums" at the opposite side of town, I do not think we need to create another one here.
If any other classification should co-exist with the residential aspect of this part of the city along the new 146, it should be light
commercial to better serve the residents as it is done in all other communities along 146 such as Seabrook and Kemah. Industry if any
should be kept on the West Side ofthe railroad track, invisible from 146.
File Name:05-16-02 P&Z SCU 02-001_02-002.doc
Page 3 of 3
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.
~i
Legrand, Bernard N
From:
Sent:
To:
Jim Blackburn Ubb@blackbumcarter.com]
Thursday, May 16, 2002 2:1S PM
Brian Pietruszewski; Charlotte Cherry; Debra Gallington; Dick Morrison; Elaine Douglass; Ellyn Roof;
Gerry Cooney; Harvill Weller; Katie Chimenti; Laurence W.'Tobin; Mary Beth Maher; Nancy Edmonson;
Natalie O'Neill; Sally Antrobus
FW: Study confirms cancer risk from soot
Su~ject:
SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/local/70607-pollutio1116.shtml
Chemicals emitted by diesel trucks and other yehiclesare main cause
Thursday, May 16, 2P02'
SEATTLE POST-INTELLIGENCER STAFF AND NEWS SERVICES
A study released yesterday confirms that air in the Puget Sound area is
among the nation's worst for levels of diesel soot, a major contributor
to cancer'risk.
The study by the Puget Sound Clean Air Agency estimates that 550 in 1
million people would develop lung cancer over a 70-year life span from
e~posure to burn~ng diesel fuel in the ~reater Seattle area.
Nearly 700 in 1 million would be expected to develop cancer from
exposure to diesel and some, 30 other pollutants measured in the study.
"It's not something that people should panic over,'" said Stu Clark,
policy analyst with the state Department of Ecology, "but it is
something people should be concerned about."
The health risks are in roughly the same range as exposure to
second-hand smoke, he said.
The study confirms a 1996 federal report that showed King, Snohomish,
pierce and Kitsap counties are in the 90th percentile or above for
levels of chemicals emitted by the burning of diesel fuel in semi-trucks
and other vehicles, Clean Air Agency Director Dennis McLerran said. '
The agency was skeptical at first when the U.S. Environmental Protection
Agency ranked the area's air pollution with cities such as Los Angeles
and Houston, McLerran said.
The study estimates that between 70 percent and 85 percent of cancer '
risk in the region comes from diesel fuel. Standard gasoline emissions
remain,a concern, McLerran said, but cars, unlike diesel vehicles, are
required to have catalytic converters and other pollution-reducing
devices.' ,
Data came from six months of monitoring for pollutants at six King
County sites: Beacon Hill, Georgetown and Maple Leaf in Seattle;
suburban Lake Sammamish east of the city, Lake Forest Park to the north
and SeaTac,' to ~he south. Models were used to estimate pollutants in the
other three counties, and their levels were consistent with those
measured in King County, McLerran said. '
Oiesel exhaust contains very fine particles that escape capture by'the
lung's defense mechanisms.
They bind toxins such as benzene and hydrocarbons and can enter the
bloodstream.
1
. . '
~
Oiesel emissions can be ~nificantl~ reduced, 'McLerran ~d, through
retrofitting diesel vehicles with new exhaust systems that can burn
cleaner diesel fuel.
"A local government, by purchasing this cleaner fuel and retrofitting
its fleet, 'can clean up its fleet by 90 to 95 percent,", he s~id.
The Clean Air Agency is working with officials in Seattle, King County,
Everett and other local governments to encourage retrofitting of buses
and staff fleet cars, McLerran said.
C 1998-2002 Seattle Post-Intelligencer
Eric Uram
Midwest Regional Representative
Sierra Club
214 North Henry Street
Suite 203 '
Madison, WI 53703-2200
2
....
I
A
.
.
Virginia Pierson-Turner
231 Bayside Drive
La Porte, Tx. 77571
(281) 471-8588
May 16, 2002
RECEIVED
City of La Porte
Planning and Zoning
Delivered in Person
MAY 1 6 2002
RE: Current Projects in La Porte
PLANNING DEPT.
Dear Members of P&Z:
As a long-term resident of La Porte, I would like to offer you my opinion on a few of the issues facing you
currently. My experience has been that City officials want and listen to citizen input.
First is the gas station "truck stop" at Barbour's Cut and North 1 st. The Barbour's Cut Terminal has had a
significant impact on the "Northside" community. I think that the purchaser of this property should or could
have known the zoning when it was purchased. If this project is allowed to proceed with a variance, the "buffer"
has been breached, regardless of the hours of operations. Once one such facility has been allowed, then others are
sure to follow. Welcome to Navigation Street in Houston. I believe we all have a responsibility to our neighbors. I
would not want this facility near my home and don't think that the City should allow this one here. We have the
responsibility to "draw the line" and keep the buffer in place to protect the neighborhood. I would oppose the
special conditional use permit.
Second is Jack's Grocery. Unlike Mr. Narsi, the owners and employees of Jack's have been members of the
community for years. They have purchased La Porte Rotary Reverse Draw tickets, have donated to the Bayside
Terrace Civic Association and have supported the Bayshore Elementary PTo. They run a clean store. Unlike
others in our area, there is no drug paraphernalia for sale on the counters, no knives or porn magazines on display.
Over the past several years when the TABC has, done stings for the sales of alcohol to minors, they have been
consistently absent from the list of offenders in the Bayshore Sun. They make an effort to carry the inventory we
need, even a fairly complete line of spices. This is helpful when mothers find out at 8:30 p.m. that they are making
a dessert for school the next day. When Kroger's moved further from our area, they even began carrying limited
produce to save us the long trips for one item. Their plans for the new store would make it the nicest addition to
this end of Broadway in 20 years, or more. I hope that the City will support them in any way necessary to bring
this positive project to fruition.
Third is the Rush Oaks Apartments. I understand that there are many zoning requirements for multi-family
properties, but again I would like to show my support for a good neighbor. Unlike the Wmdsail-Bay (I think that's
the name - the ones on stilts) Rush Oaks has been a pleasant neighbor. (An aside - I thank the City so much for
their help in forcing the cleanup of the eyesore and health hazard of Wmdsail Bay). The project is, by comparison,
very well ~tained. It is nicely landscaped and I see the manager every morning sweeping and picking up trash
that has been tossed on their property (some of my residential neighbors don't do that good of job - me
included). I have never experienced loud noise, reckless driving, or concern about the tenants. Its reputation is
that of a quiet and safe complex that offers affordable housing to retirees, teachers and singles, including single
parents. I hope that the City can help them rebuild within safe, but not onerous guidelines.
Thanks for allowing me my voice and I wish you success in making the best decisions for the citizens of La Porte.
Sincerely,
~f~.c/~
Cc: Charlie Young, Councilman District 5
.
.
....
A Meeting of the La Porte
RECEIVED' ,
P!annin2 and Zonin2 Commission
(Type ofMeet~
Scheduled for
APR lO IOD?
PLANNING DEPT. '
April!8,2oo2,
(Date of Meeting)
to Consider
Special Conditional Use Permit Request ISCU 02-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to gran~ this request for the follo~ reasons: ,
~MV uJ4L.J~..ete.
)(ame (please print)
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, ,Signature, '
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Mrs. Waters
Members ofP & Z
My name is Mary Gay. 1 am a 50 year resident of the La Porte North side. 1 am a 21
year member of the La Porte Community Civic Club and 1 also serve as the Civic Club's
Program Director.
1 was married to the late Councilman Deotis Gay for 49 years. 1 worked beside him for
the North side and the City of La Porte for the 20 years that he served on Council.
1 am in favor of and support the Texas Truck Service Center to be built on West Barbours
Cut. 1 believe jobs will be created and 1 believe it will have an impact on the local
economy. 1 firmly believe it will be an asset to the Community. '
The intended owner of the center came to us; 1 believe in good faith. No other company
or business has. The intended owner of the center is promising us to be a good neighbor
by helping to beautify and improve the livelihood of the North side in accordance to the
North side Plan. They propose to support Civic Club and Community activities.
Those of you who know me, know that 1 do not speak out in public, 1 will write but not
talk. But, tonight 1 feel 1 owe it to the North side citizens to make a statement. Deotis
worked hard for the North side and the CitY of La Pprte. 1 supported him. 1 saw him a
many night coming in with his, head hung low. 1 saw him on his knees praying. Each
time 1 would ask, ''what's wrong now?" Most times he would say, "I try so hard to do
and help my people but it's a struggle." 1 encouraged him to keep on. We are still
struggling and I intend to keep going. 1 know that he is here beside me tonight
supporting me as 1 have so,many times supported him. 1 know he is here smiling his
approval.
1 want to ask a question-WHY? Why are people from other parts of the City so against a
project that promises to help the citizens and to help improve the North side, WHY?
On the North side our young men and women hang on the street corners selling and using
drugs, trashing our streets, and running cars. 1 believe with help, we can talk to some of
these young people, get them the help they need, provide jobs for them and make their
livelihood better. Maybe with financial help we can get rid of some of the vacant-falling
down crack houses in our neighborhood. Come over and visit us, ride down our streets.
Mrs. Waters, Mr.. Lawler and the others we beg of you tonight to give this project
consideration.
We thank you in advance for your help and consideration. We need good neighbors. We
need help. .
~ r;;;m~
. .
, A Meeting of the La Porte RECEIVED
Plannina: and Zonina: Commission
(Type of Meeting)
, Scheduled for'
May t6; 2002
, ' (Date of Meeting)
to Consider
MAY 2,1 2002
PLANNING DEPT. -
Special Conditional Use Permit ,seu 02-002
(Type of Request)
--.l__ "
.-------~.. .---"... ~ ~- - - .-. ----.....-- .
I have received.notice of the above feferenced public hearing.
I am in FAVOR. of granting this request for the following reasons:'
"~' ~~ ~, ~~{'tI~ ~. e;Jj ~,
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I am OPPOSED to granting this request for the following reasons:
.. ~--- - - .
~"'ev~ ~ft. k.~AAJ~
, Name (please print)
~~.~
Signature
,-
/306 p(CCdt e:J..
Address' ,
~~~
, en;, Stae, tip
?7'S"7/
.
.
Special Conditional Use Permit
Request #SCU 02-002
: Exhibits
1. Staff Report
2. Application
3. Development Agreement
A) Draft SCU #02-002
B) Site Metes & Bounds
C) General Plan
D) Land Use Exceptions
E) Declaration of Covenants
& Restrictions
F) Preliminary Detention
and Open Space Plan
G) Draft Traffic Control
Plan
H) Thoroughfare Design
Guidelines
, 4. Vicinity Map
5. Public Notice Response
StatTReport
Request:
Requested By:
Requested For:
Present Zonine::
Requested Use:
Backe:round:
Analysis:
Texas ImportlExport Park, Ph
Special Conditional Use Permit #02-002
May 16,1001
Special Conditional Use Pennit Request #02-002
Proposed Development within a Planned Unit Development (PUD) Zone
La Porte 81, Ltd., La Porte 82, Ltd., La Porte 115, Ltd., by Stuart
Haynsworth, General Partner
Approximately 292 acre tract in the Geo B. McKinstry, A-47; Wm. P. Harris
Survey, A-30; Johnson Hunter Survey, A-35 City of La Porte, Harris
County, Texas. The property is located in the 2000 Block of Powell Road
(So. 16th Street).
Planned Unit Development (PUD)
Industrial, Commercial and Retail
Texas Import/Export Park is a proposed industrial, commercial and retail
development to be located in an area south of Fairmont Parkway, north of
McCabe Road and between the existing Union Pacific railroad tracks and
State Highway 146 South.
As a part of the PUD development process, the applicant, previously
submitted a Special Conditional Use Pennit (SCUP) Request and a General
Plan (GP) covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and
Daetwyler Enterprises. The Planning and Zoning Commission initiated a
Public Hearing for the SCUP request and GP on July 21, 1998 and
concluded that public hearing on August 20, 1998.
On March 3, 1999, the Commission unanimously recommended approval of
the SCUP request, General Plan, Development Agreement and all Exhibits.
On March 15, 1999, City Council approved the General Plan, SCUP#98-
001, and, the Development Agreement. Only Stuart Haynsworth, General
Partner of La Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the agreement
(Daetwyler Enterprises (now CDM Enterprises) did not execute the
agreement and noted that Stuart Haynsworth did not have the authority to
represent their interests.) On April 27, 2000, the Commission granted a one
(1) year extension for SCUP#98-001.
The requested SCUP being considered is essentially a repeat of the
previously approved SCUP 98-01 less the Daetwyler (COM) properties.
Also note that the Exxon Drill site is n~t shown, but should be.
In this packet, the Development Agreement (DA) is the main document and
the SCUP, General Plan and other documents are exhibits to the DA.
Below, the most significant components of the DA are highlighted.
Development Agreement:
Article II General Plan (GP) and Land Use - The GP contains general
irifonnation regarding the development of the entire 292 -acre site. (See
Texas ImPort/Expo., Phase I
May 16, 2002
Page 2 of5
.
Exhibit C.) The Plan's significant features include contemplated land uses,
open space and stonn water detention areas, landscape and buffer areas and
roadway network. Article II also addresses additional land use restrictions.
These are specifically defined in Exhibit "D" which will be discussed later in
this analysis.
Article ill Restrictive Covenants - Restrictive covenants are identified in
Exhibit "E" and are in draft fonn for this phase of the development. Future
stages of this PUD development will require finalizing and recording
covenants with subdivision plats. Significant components of the covenants
will be discussed later.
Article V Open Spacelfrail, ButTering and Beautification - In this
project, the open space and trail as identified are both consistent with the
City's Comprehensive Plan. The General Plan (Exhibit "C") and Exhibit
"F" show the relationship of these features and also demonstrate how the
trail system, open space area, and the stonnwater detention system are
interrelated. This Article provides an option where the City may elect to
accept these facilities depending on the final design. Buffering and
beautification is also addressed under Article V. As shown on the GP, a
100' wide landscape buffer is provided along the west side of Powell Road.
A 50' wide landscape buffer is provided along SH146. In addition,
landscaping will be provided within building setback areas and easements
throughout the project. . Signage is part of this Article, but is more
specifically defined in 'the Restrictive Covenants (Exhibit "E"). Staff is
requesting that a consistent theme and design be used for all signs within this
development.
Article VI Schedule - The schedule identifies the infrastructure components
that will be needed for Phase l As additional phases are proposed, staff will
review the infrastructure schedule to ensure that adequate facilities are being
constructed to serve the needs of this project.
. .
Article vm Traftic Control Plan - Truck traffic is typically associated
. with this type of. commercial and industrial development. In an attempt to
reasonably con1ro1 truck traffic, Exhibit "G" is included to further define
how truck traffic will be handled. This agreement contemplates that all
trucks will enter and leave the site via SH146 and Wharton Weems Blvd.
and no trucks will proceed north along Powell Road to Fainnont Parkway.
The use of signs, driveway design, routing plans, and individual driver
instruction will be used to implement these provisions. This Article also
addresses driveway access. Staff and the, developer have attempted to limit
the installation of driveways within this project by implementing shared-
access and cross-access easements. More specific~review of this will occur
during site plan and plat review as subsequent phases develop. The ultimate
total number of drives along the SH146 feeder road is limited to 18. This
assumes that some of the larger tracts will require at least two drives, while
some smaller tracts may nQt require any drives and will utilize a shared
access.
Texas Import/Export" Phase I
May 16, 2002
Page 3 of5
.
Paragraph 8.4 recognizes the profound benefits of a grade separation
between Fainnont Parkway and the Union Pacific Railroad (Overpass). The
developer agreed to contribute $50,000 towards a preliminary engineering
study. (This is the first step in getting the overpass in place.) A thorough
preliminmy engineering study costs approximately $70,000. (NOTE: Since
the approval of SCUP 98-01, Harr.is County agreed to fund the construction
of this overpass. The Commission may want to take other action(s). This
could include creating an agreement with the owner to dedicate the southern
extension of Powell Road south once abandonment and construction issues
have been resolved between Harris County, City of La Porte and Owner-
Developer J
Article IX Site Rail Traftic - The developer is committed to managing on-
site rail activities to establish efficient rail car movements that may decrease
conflicts at Fairmont Parkway. Also, the maximum number of rail lines is
established at 22 and no rail lines will cross Powell Road.
Article X Utilities, Drainage - Staff and the developer agreed that the water
system needs to deliver between 4,000 and 6,000 gallons per minute to
provide suitable fire protection. This ,may be accomplished by tapping into
the City's existing 16-inch water line on the east side of SH146. Sanitary
sewer service can be provided via the City's existing trunk sewer main in the
K Street right-of-way just south of Fairmont Parlcway. Stonnwater facilities
will be designed in accordance with City and ~CFCD requirements. Design
of stonnwater detention basins will accommodate features of the Open
Spacelfrail System.
Exhibit "B" Metes and Bounds Description
This exhibit establishes the overall boundmy of this development This
boundary is shown on the General Plan.
Exhibit "e" General Plan (GP)
The GP basically depicts the ultimate layout of the development It
identifies future land uses, street alignment., utilities and drainage, buffer and
setback areas.
Exhibit "D" Land Use Exceptions
The GP makes broad references to land use categories. This exhibit further
defines the land uses that are acceptable within various tracts of this
development Uses currently pennitted within our zoning ordinance are
pennitted here with some exceptions. In the Business and Retail (GC) tracts,
general contractors, automotive services, outdoor sales and outdoor storage
are not pennitted. In the OfficeIW arehouse (BI) tracts, general contractors,
automotive services, outdoor sales and outdoor storage, and off-premise
signs are not pennitted. In the Light Industrial (l..I) tracts, manufacturing of
chemicals, outside storage including shipping containers, off-premise signs
and a few other uses are not pennitted. In Reserve "A" labeled as
Texas Import/Export" Phase I
May 16, 2002
Page 4 of5
.
RaiVW arehouse, the u'ses pennitted in the (Ll) tracts are pennitted here
including rail activities. Shipping containers that are in transit or are being
used to deliver material into or out of the project will be pennitted. This use
of shipping containers may be incidental to some permitted uses.
Exhibit "E" Declaration of Covenants and Restrictions
At this stage, this exhibit is in draft form. As this development progresses,
and plats are filed for each section, the restrictive covenants will be finalized
and filed for record along with the subdivision plats. The Restrictive
Covenants document provides initial and long-term property control.
Through the. assessment of fees, the Property Owner's Association maintains
landscaped areas, common areas, perimeter fences and open space areas.
Some of the significant property controls that the Restrictive Covenants
provides are in the areas of architectural design of buildings, landscaping,
and signs. In the area of architectural' design, the docum ent states that
exterior walls shall have brick, exposed aggregate concrete, or glass and that
no buildings shall be covered with aluminum, iron, or steel. With regard to
landscaping, staff is only requesting that a uniform design theme be utilized
throughout this project. This is also the case with signs. Uniform design and
application of signage to create a unified campus appearance is the intent
Assistant City Attorney, John Armstrong, provided comments regarding the
Covenants and Restrictions. (These are provided for at the end of this
report.) Previously, the Commission recommended the inclusion of these
comments when the Covenants and Restrictions, are finalized and recorded
with the subdivisic)D plats for each section of this development
Exhibit "F" Preliminary Detention I Open Space Plan
This exhibit shows cross-sections and some detail of how the trail system, .
open space areas, and stormwater detention systems will interrelate. h is
anticipated that all these systems will be constructed; in phases as each is
needed to support the section being developed. The Development
Agreement allows the, City to accept the trail and open space systems
depending on the final design and function.
Exhibit "G" Traffic Control Plan
~e purpose of this exhibit is to insure the efficient flow of traffic to, from
and within the project in a manner that will minimize adverse impacts to the
existing thoroughfare system of the area. Traffic control features established
in this exhibit will be enforced through the Restrictive Covenants and
overseen by the City. The Traffic Control Plan will be implemented through
site plan design, driveway design, and ~e placement of esplanade openings.
This exhibit also includes guidelines that can be used to assist in designing
facilities that will better accommodate truck traffic.
Exhibit "H" Harris County Thoroughfare Design Guidelines
Texas Import/Export. Phase I
May 16, 2002 '
Page 5 of5
.
This exhibit is intended to provide design assistance for all the public
roadways within this development. These guidelines require additional
pavement thickness among other requirements in anticipation of the traffic
loading this development will generate.
Conclusion:
Staff and the Developer created a development proposal that is in the best
interest of the City of La Porte. All applicable elements of the
Comprehensive Plan were reviewed and incorporated into this
development proposal. Staff recommends approval of the Special
Conditional Use Permit, General Plan, Development Agreement, and all
Exhibits contained therein as presented.
.
.'.
RECEIVED
CITY OF LA PQRTE ',MAR 2'7.2002
APPLICATION FOR.., , PLANNfNG DEPT
SPECIAL CONDITIONAL USE PERMIT ,.
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DEVELOPMENT AGREEMENT
This ,DEVELOPMENT AGREEMENT ("Agreement") is entered into between La Porte
81, Ltd.; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, General Partner
and attorney in fact respectively; and their ,Successors and Assigns (Owner-Developer)
and CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the 10th
day of June. 2002.
Recitals
Own~r-Developer has proposed development of an approximate 292-acre tract in the
City of La Porte, as the Texas Import-Export Park, which is referred to as the Tract and
defined hereinafter in Article I. Owner-Developer plans to develop the Tract, presently
zoned PUD, for multifamily residential, retail, commercial, business park with some
industrial uses. Owner-Developer shall construct municipal utilities, including streets, a
water distribution system, wastewater collection system, and the storm
drainage/detention system that will connect with the existing City of La Porte and other .
regional systems in accordance with development regulations and policies of the City
and Harris County Flood 'Control District.
The City has required, and Owner-Developer has agreed, that the tract will be
developed in accordance with the General Plan approved by the City (as defined below
and attached hereto).
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Owner-Developer agree as follows:
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
,
General Plan means ttie plan for the physical development and use of the Tract as
defined herein and approved by the City on May 16. 2002, or as amended as allowed
herein.
Owner-Developer means La Porte 81, La Porte 82, La Porte 115, Ltd. Partnerships or
their assigns or succeeding developers.
TIEP 2002 Development Agreement-Final.doc
Page 1 0'9
..
.
Tract means the approximate 292 acres of land to be developed by Owner-Oeveloper
as described in Exhibit A.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated her$in:
Exhibit A - Special Conditional Use Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - General Plan, Noting Proposed Section One Boundary and Uses
, ,
Exhibit D - Land Use Exception.s
Exhibit E - Draft Declaration of Restrictive Covenants for Texas Import
Export Park applicable to all construction and uses.
Exhibit F - Open Space l Trail System - Cross-Section
Exhibit G - Traffic Control Plan
Exhibit H - Harris County Major Thoroughfare Standards
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Owner-Developer shall develop the entire Tract
in accordance with the, General Plan, SCUP and this Agreement approved by the City.
The General Plan is attached as Exhibit B and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that
Developer's intent is to develop the Tract as a predominantly commercial PUD
development, with some industrial components consistent with City's Land Use Plan
subject to certain exceptions listed below. Developer or Developer's succe,ssors shall
provide appropriate amenities and support facilities as set forth on the General Plan,
which is attached to this Agreement. City acknowledges that Developer intends to
develop the Tract in phases, and that all development shall be consistent with the
Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should
Developer determine that the General Plan needs to be amended, Developer shall
submit an application for amendment of the Special Conditional Use Permit, which said
application shall be processed consistent with this Agreement, the current General
Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended
from time to time. Amendments to the General Plan, the Special Conditional Use
Permit, and/or this Agreement shall be in writing.
T1EP 2002 Development Agreement-Final.doc
Page 2 of 9
.
.
2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all
development and improvements to the Tract to the City's Code of Ordinances and
established policies, and further agrees that land uses shall be further restricted
according to "Exhibit Oil.
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of 'Restrictive Covenants. Owner-Developer has developed-
Draft Declaration of Restrictive Covenants for Texas Import-Export Park, which are
attached to this Agreement as Exhibit liE", These protective covenants and deed
restrictions will apply to and be binding upon the Tract, and shall be in form
substantially similar to Exhibit liE", , The covenants and deed restrictions shall be
approved by the City and shall be recorded concurrently with each recorded plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written
above, and continuing until the sooner to occur of (i) the date in which all portions,oMb.e
Tract have been platted and developed (with construction of all streets and utilities on
the Tract as reflected by the plats completed or installed and financed by the Owner-
Developer).
I
Failure of Owner-Developer to begin construction in accordance with the Special
Conditional Use Pel111it within one year after issuance of said permit, or as scheduled
under the terms of the Special Conditional Use Permit, shall terminate this Agreement.
Owner-Developer may, before the expiration of one year, request an extension of time
from the Planning and Zoning Commission, in the event that construction has not
started in accordance with the Special Conditional Use Permit.
ARTICLE V.' OPEN SPACElTRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Owner-Develop~r shall provide
common open space as shown in Comprehensive Plan and the General Plan, including
any required portion of planned . City trail system within the project. This will be
incorporated within the shown drainage easement and detention pond/drainage
system, the cross-section details of which are further illustrated on the attached Exhibit
F.
'It is recognized that, until the final design of the detention pond/drainage system is
approved, the exact location and dimensions of these facilities is unknown. When the
final design is approve~ the City will evaluate the potent~al for use of these areas as
public recreation amenities. '
At that time and with mutual consent, the City may elect to accept these facilities either
in easement or fee. The initial development, of the detention pond/drainage system
TIEP 2002 Development Agreement-Final.doc
Page 30f9
.
.
and perimeter landscaping of these facilities shall be the responsibility of the Owner -
Developer. The responsibility of ongoing maintenance of these facilities shall also be
determined after reviewing the final design.
5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform
and/or col11patible landscape plan for all phases of the entire project that will address
landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road,
but also within the building setbacks and landscape easements or reserves throughout.
A Landscape Buffer (100-feet wide) shall be provided along the west side of Powell
Road and shall include extensive screening-type vegetation with grassed berms within
the existing pipeline easement. A landscape buffer, 50' wide, will also be provided
along State Highway 146. Landscape reserves shall also be included adiacent to all
roadways, including the east side of Powell; but rather than screen, shall be
landscaping compatible with the ultimate use of that adjacent property.'
5.3 Signage. The Owner-Developer shall implement a sign standards policy, as
part of the De~laration of Restrictive Covenants (Exhibit "E") consistent with the City's
Code of Ordinances as guidance to insure effective and uniform signage is emplo~ed
throughout the project. This policy will include uniform and/or compatibl~JPfQJect
identification monuments, business signage, street and other traffic diredior.ll:lfd,9Vi.Ces
conforming to the Tract's traffic control plan and deed restrictions.
5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves
and easements will be held by fee ownership of adjoining property or by the Property
Owners Association (POA), subject to conditions of the deed restrictions and landscape
plan. The maintenance 'of the buffers, reserves and easements will be the
responsibility of the contiguous property owners pursuant to provisions of the deed
restrictions, enforced by the POA.
The Op~n Space/Pedestrian Trail System shall be constructed within or adjacent to the
drainage easement and detention pond/drainage system as dictated by the final
detention 'design. Ownership and maintenance of the Open Space/Pedestrian Trail
System and drainage/detention pond system shall be detemlined according to Article
5.1 of this Agreement:
ARTICLE VI. SCHEDULE
6.1 Schedule. The Owner-Developer shall establish a specific schedule for the
development of and construction improvements on the Tract with the end user(s).
However: in lieu of and as the basis of that detailed schedule, the following work
program is anticipated:
. Initiation of complete engineering study, including drainage and preliminary
infrastructure design.
. Detailed engineering desig':l for Phase One, being all or substantial part of area
identified herein as Section One. This would include rail connection to main line and
T1EP 2002 Development Agreement-Final.doc
Page 40f9
'.
.
a minimum spur connection to first building anticipated, water and sanitary sewer
service initial drainage and detention to accommodate Phase One and the paving of
Wharton Weems Blvd. and portions of Powell Road west of State Highway 146.
. Initiation of procedure to abandon and relocate portions of Powell Road, south of
the project of Wharton Weems Blvd.;
. Platting site plan, and detailed engineering plan review by the City of La Porte and
others
. Initiation of construction pursuant to item 6.1 (b) above, identified as Phase One
. Continuation of remainder of development as rapidly as market demands.
ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS &
SAFETY
7.1 Fire Protection. The Owner-Developer shall formulate a plan for fire protection
to serve the Tract by separate agreement with the POA and respective grantees.
7.2 Hazardous Materials. The Owner-Developer agrees no hazardous materials
as identified in state and federal standards (NEPA) as well as City Fire Code, shall be
stored on site. Compliance will be enforced by the POA in concert with the City.
7.3 Safety. The Owner-Developer shall formulate a public safety and training plan
with the City and POA, to ensure safe, efficient handling and storage of materials prior
to issuance of a building permit.
ARTICLE VIII. TRAFFIC CONTROL PLAN
8.1.1 Traffic Control Plan. The Owner-Developer shall establish a Traffic Control
Plan for the entire project to regulate to the extent practical project-generated vehicular
traffic. In Section One, based on the target market use, the Traffic Control Plan (shown
on the attached Exhibit G) will include designated truck routes to and from the site,
segregation of automobile traffic, limitation of access from public streets (driveways)
and utilization of common cross easements between tracts for internal circulation.
8.2 Truck Traffic. This controlled traffic will be directed to State Highway 146 via
Powell Road to Wharton Weems Blvd., both to be constructed as 4-lane roadways to
Harris County Major Thoroughfare Standards (Exhibit "H") in Phase I development as
shown on Exhibit "C" - ~eneral Plan. Project driveways will be constructed to induce
proper directional movement to preempt to the extent practical north bound traffic on
Powell Road. This will be complemented by traffic signage as appropriate. In addition,
Owner-Developer shall employ routing plans, driver instruction, and other controls as
necessary. to obtain compliance of carriers, employees, and regular contractors or
service vendors.
8.3 Driveway Access. The Owner-Developer shall establish driveway access
controls that shall be controlled through restrictive covenants, architectural controls and
City Site Plan review. This will include conditions and design standards consistent as to
TIEP 2002 Development Agreement-Final.doc
Page 5 of 9
.,
.
size, but fewer in number as established in TxDOT Driveway Manual and the City
Zoning Code (106-835) pursuant to specific site plan" review. Unless otherwise
approved during review of preliminary and final plats, driveways al9rig SH146 entering
this Tract shall be limited to a total of eighteen (18), but in all cases, each individual
reserve with frontage on SH146 shall have at least one opening. Provision shall be
made, where practical, for internal cross-access easements to maximize ingress,
egress and circulation to minimize congestion on public rights-of-way and to encourage
traffic to be directed to Wharton Weems Blvd. interchange.
8.3 Fairmont Parkway. The Developer shall continue to work with the City; Port of
Houston Authority, Harris County and the other public and private sector interests to
implement early construction of a grade separation at Fairmont Parkway. On or before
the expiration of one calendar year from the date of this Agreement, Developer shall
provide to City through sales contract negotiations or otherwise $50,000.00 "seed
moneys" for the engineering design of said grade separation. City shall, at City's
expense provide the remainder of said "seed moneys" to insure the completion of 'the,
engineering design of said grade separation.
ARTICLE IX. SITE RAIL TRAFFIC
9.1 Site Rail Traffic. The Owner-D~veloper will continue to work with City and
Developer rail consultants, as evidence of the commitment to the City to improve rail
efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease
current rail impacts. On-site rail facilities and operations shall be controlled by Owner-
Developer in order to maximize rail efficiency and minimize peak hour conflicts with
vehicular traffic at Fairmont Parkway. Owner - Developer agrees and acknowledges'
the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail
lines and that no rail lines or sidings will extend to the east side of Powell Road.
ARTICLE X. UTILITIES, DRAINAGE
, "
10.1 Utilities, Drainage. The Owner-Developer shall design and constr:uct adequate
water, wastewater, and drainage facilities to serve each phase of this project in
accordance with City requirements and as further defined by this Agreement. As to
water and sanitary sewer, this would include a water" system that would deliver 4-6,000
gallons per minute necessary for sprinklered fire protection with a loop connection to
the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system
that flows into a 60" trunk line on "K" street south of.Fairmont Parkway.
The Developer will provide a drainage study for the Tract. The study and design of
drainage improvements shall meet the requirements and approval of the City and
Harris County Flood Control District. Owner-Developer's representative agrees to meet
with City, prior to design of public utilities, to discuss design criteria standards and
policies. City shall approve all construction plans and specifications for public
improvements.
T1EP 2002 Development Agreement-Final.doc
Page 60f9
. .
ARTICLE XI. BUILDING LINES
11.1 Building Lines. The Owner-Developer shall establish building lines appropriate
to the use, but not less than those prescribed in the City Code of Ordinances. Within
the industrial area west of Powell Road there will be a landscaped 100-foot buffer and
building line along Powell Road. Similarly, along State Highway 146, a 50-foot
landscape buffer and buiiding line shall be maintained. These respective 100 and 50
feet landscape buffers shall be kept free from all other uses with the exception of
signage, approved drives and entrances. Owner-Developer agrees that other building
lines will be either equal to or greater than that required by ordinance for the zoning use
shown and shall be based on. site use and orientation of the improvements or as shown
on the General Plan.
ARTICLE XII. MISCELLANEOUS
12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the
entirety or any portion of the Tract to a person or entity intending to develop the tract or
such portion thereof (a "Successor Dev.eloper," whether one or more) and any
instrument of conveyance for the entirety or any portion of the Tract to such Successor
Developer shall recite and incorporate this recorded Contract and exhibits hereto and
provide that this Contract be binding on such Successor Developer.
12.2 Force Majeure. If by reason of force majeure any party hereto shall be
rendered unable wholly or in part to-carry out its obligations under this Agreement, then
if such party shall give notice and full particulars of such force majeure in writing to the
party within a reasonable time after occurrence of the event or cause relied on, the
obligation of the party giving such notice, so far as it is affected by such force majeure,
shall be suspended during the continuance of inability then claimed, but for no longer
period; and any such party shall endeavor to remove or overcome such' inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Owner-Developer under any set of
circumstances prior to commencement of construction on the Tract.
12.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
, performance by any party of any duty or obligation hereunder, shall be deemed or
T1EP 2002 Development Agreement-Final.doc
Page 70f9
.
.
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, 'reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States mail postpaid and registered or
certified and addressed to the party to be notified. Notice deposited in the mail in the
manner hereinabove described shall be conclusively deemed to be effective, unless
otherwise stated in ,this Contract, from and after the expiration of three (3) days after its
is deposited. Notice given in any such other than the manner shall be effective when
received by the party,to be' notified. .. For the purpose of notice, addresses ofthe' parties
shall, until changed as hereinafter provided, be as follows: '
If to the City, to:
If to Owner/Developer, to:
City of La Porte
Attn: City Manager
P.O. Box 1115
La Porte, Texas 77572-1115
La Porte 81, Ltd.
La Porte 82, Ltd.
La Porte 115, Ltd.
c/o Stuart Haynsworth, General Partner
815 Walker,Suite 1436
Houston, Texas 77002 .
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
12.6 Merger and Modifications. This Contract,. including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shan be subjeCt to change or modification only with the mutual written consent of the
parties. .
12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner-
Developer and shall not be construed to confer any, benefit on any other person except
as expressly provided for herein.
12.8 Attorney's Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
12.9 Government Immunity Preserved. The Owner-Developer and the City agree
that the City does not, by entering in to this Contract or performing any act hereunder or
by failing to take any action hereunder, waive any governmental immunity that the City,
its officers, employees, or representatives, have under any law. '
TIEP 2002 Development Agreement-Final.doc
Page 80f9
.
.
12.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Owner-Developer shall not be or constitute a breach of this
agreement by the other party of O~ner-Developer.
12.11 Covenant Running With' the Land. The obligations imposed on Owner-
Developers herein shall 'not impose personal liability on them, but shall constitute a
covenant running with the land, and as such shall be binding on the present owners of
the Tract as well as subsequent owners thereof.
Signed, this the _ day of
,2002.
OWNER-DEVELOPER
La Porte 81, Ltd.
La Porte 82, Ltd.
La Porte 115, Ltd.
By:
Stuart Haynsworth, General Partner
Date:
CITY OF LA PORTE, TEXAS
By:
Robert T. Herrera, City Manager
Date:
ATTEST:
Martha Gillett, City Secretary
APPROVED:
John D. Armstrong, Assistant City Attqrney
TIEP 2002 Development Agreement-Final.doc
Page 90f9
City of La Porte
Special Conditional Use Permit
Ordinance 1501
This permit is issued to:
For Development of:
Legal Description:
Zoning:
Permit Conditions:
.
.
Exhibit A
Permit
SCU 02-002
La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd. (Texas Limited
Partnership) Stuart Haynsworth. General Partner.
Owner or Agent
1801 Century Park East, Suite 1430 Los Angeles, CA 90067
Address
A2S2..acre Planned Unit Development, known as Texas Import/Export
Park. a mixed use development further defined by, a General Plan
prepared by Northrup Associates, Inc. T.he Planned Unit Development is
further defined bv a Develooment Aareement between the Owner/Aaent
listed above and the City ,of La Porte.
This Soecial Conditional Use Permit and the General Plan are Exhibits to
and'a part of the Development Agreement.
342 262+ acres of land out of the George 8. McKinstry League, A-47;
William P Harris Survey, A-3D; .Johnson Hunter Surv~J A-35 and more
particularly described by "Exhibit 8" in the Development Aareement.
The zoning for the tract is Planned Unit Development. The permitted
land uses for this Planned Unit Develooment are aenerallv deoicted on
"Exhibit A" - General Plan of Texas ImoortlExoort Park. These Dermitted
land uses are more specificaly defined and/or restricted by conditions
established in the Development Aareement. '
General/Miscellaneous
This SCU permit is not applicable to any specific development anticipated or proposed by
General Plan.
This SCU outlines in general terms the proposed Planned Unit Development. The
developer recognizes and understands that any future construction or development of the
private or public improvements anticipated by this SCUP and the General Plan shall
require further submittal and approval of plats, site plans, construction drawings,
engineering analysis, covenants, etc.
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Said submittals shall be in accordance with this SCU, the approved General Plan, the
Develo.pment Agreement, Ordinances and policies of the City of La Porte and specifically
Section 10-100 of the Zoning Ordinance.
Failure to begin construction within one (1) year after issuance or scheduled under the
terms of the Special Conditional Use' Permit shall void the permit as ~pproved, except
upon a extension of time granted after application to the Planning and Zoning
Commission.
Approval Dates:
May 16, 2002
Planning and Zoning Commission
June 10, 2002
La Porte City Council
Douglas K. Kneupper, P.E.
Director of Planning
Martha Gillett
City Secretary
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EXHIBIT B
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. SJ:!rE ME'rESAND BOORDS
Being' ~ approxima1:e. 293.8036 acre tract, 1n..t:he ~ of LaPortE! rt
-.re:xas rec:orded in '1f'olume" .-. . : "" , r Page"......" , , Ba:ris Caunt:y "
Deed :Recqrds, out: of. the W. J!. Barris Survey'A-JO, 't:he,"George B.
KcIt:i.DS't:y SUrv'q A-41" and the - JoImSOD.- HuD'ter SUrvey A-35, Barris
CO'W1ty, 'rexas, and .~einf1 1IIQre par't.i.cularly ae.cribea by me1:es ana
bOUDQs as follows: '
BEGImtING a1: a :point: at the northeast: cor.nu of.' fon:aerly dedicated
Bloc:k 1.'3070 OD. 'tile sou;th8%11-bOUDaary of "K- S1:.r.ee't on the wesi:erD. ".
rig-hi; of wa.y bcunClary' ot SB" 1:46 mark~, by a 1:,"r.1:IP J .
~CE southeJ:ly 5,750'.52 :fee't along ..the wes1:ern right~:f~~~Y
boundaxy of sa 1.46 t:o 'the nort!up:n boun~~ of HcCalJe a:Jad~
TBERCE wes1:~ly along t:be northern .i.gh't-oj!-wa.y of Mc~abe llDad
'1,400. t:o 'the west:ern boundary of i:1ie lJl1~on Pac.i.:fie: Railroad right.-
Of-way (Save and. ezcep1: the" area of 'the ezist:1ng Powell. Road
a,nd/ox 1;:he proposed re-locat:ed powell Road),
. -
THENCE" nart:herly ,4,328.52 feet." aJ.oDg' t:he.'eas'teJ:D boWlCery of ~e
'Union Pacific Rail:r:oad right-of...way 'to a point: 326.66 feet 86
59' 35. west' of 'the nart:heas1: corner of t:he. George B. Kctins't:ry
Survey (Save and exc:ept: a ,6.3192 aCJ:'e t.iaC:1:, desc:r:lbed as folJ.ows~.,
"
,otr.r TRAC'l'
Bei.ng a 6.3192 acze 'tract: of land out. of a po%t:ion of
Bl.ocks 1203 and 1204, in t:he TOwn of La Porte r recorded
in Volume 60, Page 112, HArr:Ls county Deed RecoJ:'ds, out
of the George B. Mc:lU.nst:1:Y Suvey, A-47, and ,t:he Johnson
Bunt.er Survey, A- 35, Barris coun,t:.y, Texas, and be:Lng more
,particularly described by metes and bounds as follows:'
BEGJ:NNIHG at. a point 255.37 feet. Nor'th ot 'the Nort.herJ.y'
riqht-of-way of the formerly dedicated West: Q Stree1:i
..
~BENCB Soa~ 020 56' 39" East along the Westerly r1ght-
"of-way .of, Powell ROad (60 feet wide), :LncJ.1iding 'that.
pcrtio~ of ~e formerly dedicated West: Q Street: J.yi~q
within, a distance of ~OO.OO feet ~ a 5/8 inch iron rod
set: for COrner;
. TBENCZ South 860 59' 35ft West:, 'to'the Sout:hern Pac:i:fic
RA.i:lroad right.-of-way includiuc; 1;bAt: portioD. of foxmerly,
dedicated 17th StJ:ee't: lying witbin, a dist:ance of 917.25
feet: to a S/8 iron rod set:. for corner; ,
"tHENCE North 030 03' 22" West, along the east:~rn }\oundary
of "the Southern Pacific Railroad right-of-way, a dist:ance
of 300.00 feet: to a 5/8 inch iron rod tound for corner7
THENCE North 860 59' 35" Bast., A distance of 917.84 fee't
to the Point. of Beginning.
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~CE eas'te:rly, to. the nor1:beast:. Cl;u:nez: of the KcXinst:y Survey;
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mENCE ~ort11 020 56' 39" a dis1:Zmce of ;20 .:!ee't . 'to a 5/8 ~ch tR;
. 1
~ easterly 860 591 .35" 652.0 fee'!: ''to tlte e.tls'te:r:n bo\U1dary of
powell Road (Save and except t:he 60- foo'ta:rea inc~uded'::'n the :right.-
of-~y o~ said Powell~oad), .
~BENC:E 12ori:herly aloftq the eaat:ern, bouna~ of l'owe~l Road right-
of -way 385.0 feet to a. S/8" %P,
THENCE, NS.50 'S,,' 35" 765.50 feet: to a p~lnt ~ked by a 5/B" XP~' .
~CE N 020 56' 39" & dis1:anc:e of 740.00 fee"t to,1:he soathe:n ~e'..
!)OlU1dary o~ Wesi: -Hit .. ~tJ:'eet t:o a 5/8 n IP J . ' .' . ,
. ,
!l'BENCE N 860::.59' .35" along thesout:hern bo'lmda%y of West.' nHlt Stree-;
1:0 a ].11 :Ill on tbe western Elounaa.ry of SB '].46, right-o:f-way., 1:he
point of beginning i a dis~e of 823.28 .feet.
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Exhibit D
Land U~e Exceptions,
In reserves where the General Plan indicates -GC. uses, all uses permitted in the ~ity of La Porte
~Qning.Ordinance under GC {indicated with ~_-Pj are permitted here with the exception of: '
Building Construction - General Contractors and Special Trade Contractors (152-161,
171-179)
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use
Residential Uses
, In reserves where the General Plan, indicates -BI- uses, all uses permitted in the City of La Porte
Zoning Ordinance under 81 (indicated with a -Pj are permitted here with the exception of: ,
Building Construction - General Contractors and' Special Trade Contractors (152-161,
171-179) ,
Automotive Repair Services (751-754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping
Containers '
General Contractors, Heavy Construction (161,162,1541)
Off-Premises Signs - "
In. reserves where the General Plan indicates -U- uses, all uses permitted in the City of La Porte
Zoning Ordinance under U (indicated with a -Pj are permitted here with the exception ot
Building Construction - General Contractors and Special Trade Contractors (152-161,
171-179)
. Automotive Repair Services (751-754)
Outdoor Sales as a Primary or.Accessory Use
Outdoor Storage as a Primary or Accessory US,e, including any storage of Shipping
Containers " ,
General Contractors, Heavy Construction (161,162,1541)
Manufacturing of Chemicals and Allied Products (282..;285)
Off Premises Signs
An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Mise.
, , Plastics Products)
In Reserve -A-labeled RaillWarehouse on the General Plan, all uses permitted in the City of La
Porte Zoning Ordinance under LI (indicated with a -Pj are, permitted here with the exception of:
Building Construction":' General Contractors and Special Trade Contractors (152-161',
171-179)
Automotive Repair Services (751- 754)
Outdoor Sales as a Primary or Accessory Use
Outdoor Storage as a Primary or Accessory Use, Including any storage of Shipping
Containers
General Contractors, Heavy Construction (161, 162, 1541)
Manufacturing of Chemicals and Allied Products (282-285)
Off Premises Signs
An additional pemiitted use shall be SIC Manual Major Group 30 (Rubber and Mise.
Plastics Products) ,
Additional permitted uses are certain HI uses permitted in the City of La,Porte Zoning
Ordinance associated with rail services such as;
A rail yard with a maximum of 22 rail lines is permitted.
Rail service to and distribution from warehouses proposed;
Rail service to light manufacturing not otherwise exempted herein.
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EX,hibitE
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DECLARATION OF COVENANTS, RESTRICTIONS,
'EASEMENTS, CHARGES AND LIENS FOR
TEXAS lMPORTIEXPORT PARK
This Declaration of Covenants, Restrictions, Easements, Charges and Liens for
(hereinafter referred to as this "Declaration"), made 'as the _ day of
. - (hereinafter
referred to as "Declarant") and the persons or entities whose names appear hereon or on any
counterpart hereof (individually, the "Owner"; collectively, the "Owners").
WIT N E SSE T H:
WHEREAS, Texas ImportlExport Park is a-business subdivision located in Harris
County, Texas, according to the map or plat thereof recorded in Volume --J Page of the
Harris County Deed Records (the "Subdivision'.'); and
WHEREAS, Declarant is the fee simple owner of that certain real property within the
Development more particularly described on Exhibit :B..: attached hereto and incorporated herein
. by reference, and the Owners are the fee simple owners of that certain real property within the
Development more particularly described on Exhibit ::.B...:: attached hereto and incorporated
herein by reference (the real property specifically owned by each Owner having such Owner's
name on the legal description for such real property attached hereto as Exhibit :B..:) (the real .
property Qescribed in attached, Exhibit ~ and Exhibit ::.B...:: collectively referred to hereinafter ' ,
as the "Development"); and
WHEREAS, two (2) - of the parcels out of the property described on Exhibit :....B: have
been improved to provide certain flood water drainage, retention, and detention facilities for the
,Development, said parcels being more particul~rly described on Exhibit" B" attached hereto and
incorporated herein by reference (the "Flood Con~rol F~cilities"); and
WHEREA~, Declarant and the Owners desire to provide for the preservation of the '
Development and for the maintenance of the Common Areas (as hereinafter defined); and, to this
end, desire to subject the real property described in Article II hereof to the covenants, restrictions,
easements, charges and liens hereinafter set forth, each and all of which are for the benefit of the
Development, each Owner and the Declarant; and
WHEREAS, Declarant and the Owners agree that it is desirable for the efficient
preservation of the values and amenities in the Development to create an entity which will own
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and to which will be delegated and assigned the powers of maintaining and operating the Flood
Control Facilities; the Common Areas and improvements, administering and enforcing this
Declaration, and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, the, , Property Owners Association, Inc. has been or will
soon be organized under the Texas Non-Profit Corporation Act as a non-profit corporation for
the purpose of exercising the aforesaid functions.
NOW, THEREFORE, Declarant, for itself, its successors and assigns, and the Owners, for
, themselves and their successors and assigns, declare that the Development is and shall be owned,
, held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,
charges and liens (sometimes hereinafter collectively referred to as "Covenants and Restriction")
hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration or any Supplemental, Declaration
(h~reinafter defined) shall, unless the context otherwise prohibits, have the meanings set forth
below: '
(a) "City" means the 'City of La Porte, Texas
(b) "Association" shall mean and refer to the Property Owners
Association, Inc., an existing or soon to be existing non-profit corporation under the laws of the
State of Texas, created for the purpose of~cting on behaltofthe Owners, such Association being
more particularly described and provided for in Article III of this Declaration:
(c) "Board of Directors'! sha.Il mean and refer to the,Board of Directors of the
Association. ' ,-
(d) "Development Agreement" shall mean this agreement entered into between La Porte
81, Ltd; La Porte 82, Ltd.; and La Porte 115, Ltd., Stuart Haynsworth, Gen~ral Partner and
attorney in fact respectively; Daetwyler Enterprises Corporation, a California Corporation with
offices at 6277 East Sla\Jsen Avenue, Suite 100, Los Angeles, Los Angeles County, California;
and their Successors and Assigns (Owner-Developer) and CITY OF LA PORTE, TEXAS, a
Texas Municipal Corporation ("City") on the day of . 1999.
(e) "Common Areas" shall mean and refer collectively to (i) the land subject to the
easements conveyed or granted pursuant to Article IV, (ii) the Flood Control Facilities, (Hi) any
landscaping reselVes, greenbelt reselVes, street or boulevard esplanades, and (iv) other areas '
established from time to time for the purpose of providing open space for aesthetic uses, in
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common, for the Owners and their respective lessees, licensees, employees and agents, and the
respective tenants, licensees, employees and agents of such lessees. Any such area so designated,
buy later conveyed and accepted in fee or easement to the City of La Porte, shall no longer be
considered under this definition.
(t) "Common Facilities" shall mean and refer collectively to all drainage improvements
(including, without limitation, all piping, pumps, grassing, inlets, headwalls and fencing),
shrubbery, trees, grass, flowers, other plants and plantings, sprinkler systems, lighting fixtures,
statuary, fountains, benches, tables, signs, entrance monuments and markers, walls, fences, ,
gazebos, kiosks, and other exterior decorative or functional materials or facilities now existing,
insta1led, constructed or placed on the Common Areas from time to time. Any such facility so
designated, buy later conveyed and accepted in fee or easement to the City of La Porte, shall no
longer be considered under this definition.
(g) "Improvement'~ ,shall mean and refer to any building, roofed siructure, parking area,
loading area, trackage, fence, wall, ~edge, landscaping, pylon, pole, driveway, sign, exterior
illumination, channel structure, equipment, machinery, piping and valves or other improvement
within the Development. .
(h) "Tract" shall mean and refer to each parcel of land located within the Development'
which is separately described in a deed of conveyance; provided, however, if such parcel of land is
thereafter divided into separate parcels in any manner, the term "Tract" shall mean and refer to
each such separate parcel ofland. The term "Tract" shall include any Improvements located on a
parcel ofland constituting a Tract, but shall not include any of the Common Facilities.
(i) "Member" shall mean and refer to all those Owners who are holders of membership
interests in the Association, as such interests are set forth in Article lIT hereof.
(j) "Owner" shall mean and refer to the record owner of fee simple title to any Tract,
including Declarant with respect to Tracts owned by Declarant. Every record owners shall be
treated for all purposes as a single Owner for each Tract oWned, irrespective of whether such
ownership is joint, in common, or tenancy by the entirety. Where such ownership is joint, in
common, or tenancy by the entirety, any vote to which such record owners is entitled shall be in ,
accordance with Article lIT, Section 4 hereof. Notwithstanding any applicable t~eory of
mortgage, "Owner" shall not mean nor refer to any mortgagee unless and until such mortgage,ee
has acquired title pursuant to foreclosure or any proceeding in lieu offoreclosure.
(k) "Supplemental Declaration" shall mean and refer to any supplement, amendment or
modification of this DeClaration. ' ,
(I) "Development" shall mean and refer to all real property which is or becomes subject
to this Declaration. '
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(m) "Special Conditional Use Permit" shall mean and refer to Special Conditional Use
Permit No, 98-001 adopted by City Council of the City of La Porte, Texas with respect to Texas
ImportlExport Park.
ARTICLE IT
'PROPERTY SUBJECT TO THIS DECLARATION
Section 1. The Properties. The real property which is and shall be owned, held,
transferred, sold, conveyed, and occupied subject to this Declaration includes the Development,
as well ~ any real propertY,within the Subdivision owned by the Association.
Section 2. Additions to the Properties: Certain Amendments. 'The Association shall have
the right to bring within the scheme of this Declaration any additional properties within the
Subdivision and bringing them into the common development scheme of the Development in
accordance with the tenns of this Declaration. The Association shall not be obligated to bring any
or all of the proposed additional properties within the scheme of this Declaration. The additions
authorized under this Section may be made by recording of Supplemental Declarations with
respect to the additional property in the Official Records of Real Property of Harris County,
which Supplement~ Declaration shall extend the scheme of the covenants, restrictions, easements,
charges and liens of this Declaration to such property or modifY this Declaratio~ with respect to
such additional properties as hereinafter set forth. Such S~pplemental Declarations may contain
such additions and modifications of this Declaration as may be necessary to reflect the different
character, ifany, of that portion of the additional properties which are the subject of such
Supplemental Declaration as ,are not inconsistent with the scheme of this Declaration.
ARTICLE ill
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Sect~on 1. The Association. The Association shall include as its Members each Owner of
a Tract subject to this Agreement or, if any such Tract is owned by more than one person or
entity, all Owners of such Tract shall be considered to be one Member in accordance with Section
4 of this Article.
Section 2. Membership, Interests. Each Member shall have one membership interest for
each full One Dollar ($1) of the assessed tax value of the Tract ( or Tracts) owned by such
Member within the Development based upon the most recent available valuation of each Tract
and Improvements thereon as assessed by the Harris County Appraisal District (or its Successor)
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or the City of Houston, whichever assessment may be used by the Association, for ad valorem tax
purposes for the preceding year.
S,ection 3. Votinl: Rights. Each Member shall have one (1) vote for each membership
interest owned by such Member.
Section 4. Multiple Ownership. Where more than one person or entity shall be at any
time the Owner ofa Tract entitled to a membership"interest, the vote attributed to such Tract shaIl
be exercised' as such Owners mutually determine. ~o Member shall split" or divide its votes on
any motion, resolution, ballot or otherwise. In the event that such Owners are unable to agree
am~ng theins~lves as to how their vote or votes shall be cast, they shall lose their right to vote on
the matter in question. If anyone of such Owners cast a vote, it will thereafter be conclusively
presumed for all purposes that such Owner was acting with the authority ,and consent of all other
Owners of the Same Tract. In the event more than one vote.is cast for a particular Tract by the
Owners of such Tract, none of said votes shall be counted, but rather, all such votes shall be
deemed void.
ARTICLE IV
PROPERTY RIGHTS IN THE DEVELOPMENT
Section 1. Title to Common Areas and Common Facilities. Declarant has or will have
caused to be conveyed to the Association legal title to the Flood Control Facilities, subject to the
rights and easements created or reserved in this Declaration. Additionally, the Declarant, by
execution of this Declaration, conveys all of Declarant's rights, title and interest in (a) the sign
easement conveyed by that certain Special Warranty Deed (With Vendor's Lien) recorded under
Clerk's File No. Real Property Records, Harris County, Texas, which easement is
more p,articularly described 'by metes ,and bounds on Exhibit:.IE thereof,' and (b) the sign
easement reserved in that certain Special Warranty Deed recorded under Clerk's File No.
,Real Property Records, Harris County, Texas, which easement is more particularly
described by metes and bounds on Exhibit :.B.: thereof.
Section 2. Easements. Declarant and the Owners do hereby give, grant, and convey to '
the Association a non-exclusive easement, license, right and privilege over any property within the
Development which now contains a sign or signs erected to identify the Subdivision with
reasonable rights of ingress and egress therefrom and thereto for purposes of construction; repair,
maintenance and replacement, and the maintenance and replacement of all landscaped areas '
around said signs. If the entrance onto a Tract by the Association or its agents (pursuant to th~
rights granted herein) should result in any damage to such Tract, to the- extent that the
Association has funds available to ~o so, the Association agrees to repair su'ch damage and
indemnify the Owner for any costs or expenses resulting therefrom.
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ARTICLE V
CONVENANT FOR MAINTENANCE ASSESSMENTS
, Section 1. Pu(poses of the Assessment. The assessment levied by the ~sociation shall
be used exclusively for the ownership, iinprovement, operation and maintenance of the Common
Areas and the Common Facilities located thereon in a manner consistent with other similar
developments in Harris County, including, without limitation, (i) the payment of taxes assessed
against the Common Areas 'and the Common Facilities, if any (ii) insurance relating to the
Common Areas and Common Facilities, (iii) repair. replacement- and additions relating to the
Common Areas and Common Facilit~~s, (iv) the cost oflabor, equipment, materials, services"
management and supervision relating to the Common Areas and Common Facilities.
Section 2. Assessments~ The third-party property manager (the "Property Manager")
hired by the Association shall, on or before of each calender year, (i) fix and
determine a bud$et representing the sums necessary and adequate for the continued operation of
the Association during the next c~erider year, including,' without limitation, operational items
such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges
to cover any deficits from: prior years and capital improvements and reserves approved by the
Association, all of which shall be specifically set out in' the budge, and (ii) send a copy of the
budge to each Member, along with such Member's assessment for the succeeding calender year.
The Association, through the Property Manager, shall have the right to supplement the annual
budget and assess the Members therefor at any time. The total annual requirements, and any ,
supplemental requirements, shall be allocated between, assessed to, and paid by, each Member
based upon the most recent available valuation of each Tract and Improvements thereon as
assessed by the Harris County Appraisal District (or its Successor) or the Ci.ty of
whichever assessment may be used by the Association, fo~.ad valorem tax purposes for the
preceding year in relation to the value of all Tracts and Imprpvements within the Development
(excluding the Common Areas)., The basis for the assessment shall be the same for each Tract.
Unless otherwise set forth herein, an Association assess~ent shall be levied against all Members
of the Association to cover the expense of the Association. In addition to the other assessments
hereinabove provided, the Association may adopt a separate annual or special assessment for
security and/or a special assessment for any other proper purpose. Any such special assessment
shall be assessed against all Members in the same manner as set forth above.
Section 3. Due Dates: Duties of the Property Manager. All assessments shall be payable
quarterly, in advance, or o~ such other basis as is ordered by the Association. The Property
Manager shall fix the date of commencement and the amount of the assessment against each
Tract, and shall prepare a roster of the Tracts, and assessments applicable th~reto, which shall be
kept in the office of the Property Manager and shall be open to inspection by any Member. Upon
the written request of a Member or his inortgagee, the Property Manager shall promptly furnish
such Member or his mortgagee with a written statement or the unpaid charges due from such _
statements, which charge shall be secured by the liens created or reserved under this Article.
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Section 4. Creation of the Lien: Effect ofNonp~ent of Assessment: the Personal
Obligation of the Member; Remedies of the Association.
(a) Declarant of each Owne-:, for each Tract owned by them, respectively, within the
Development, hereby covenants, and' each Owner of any Tract, by acceptance of a deed therefor,
whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to
covenant and agree to pay to the Association such annual and special Association assessments as
are fixed by the Association and assessed to the member as hereinafter provided.
(b) Ifan assessment is not paid within thirty (30) days of the date when due, as fixed by
the Property Manager, then such aSsessment, together with the balance of the anIlUal and special
assessments established by the Association pursuant to Sections 3 and 4 of this Article, at the
option of the Association, shall become delinquent and, together with interest at the lesser of (a)
prime plus three percent (3%) as determined by the Wall Street Journal and (b) the maximum
, non-usurious rate ,permitted ,~y applicable law (the "D~fault Rate"), all costs reasonab,ly incurred
by the Association and the Property .Manager, including, but not limited to, reasonable attorney's
fee relating to collection of delinquent accounts, shall be secured by a continuing lien upon the
Tract owned by such Member against which such assessments are levied and shall also be the
personal obligation of the Owner of such Tract at the 'time when such assessments ar~ levied.
'Such lien shall be prior to all other liens except (i) tax liens~ and (ii) the liens ,of a first mortgage or
deed of trust, which is subordinate only to tax liens or Qther similar governmental liens. Such lien
is hereby subordinated to the liens identified in (ii) directly above.
( c) The assessments provided for herein shall be,the personal and individual debt of the
Owner of the Tract covered by such assessment. No Member or Owner may exempt itself from
liability for assessments except as expressly set forth in this Declaration. The Association may
bring, an action at law against the Member or Owner or former Member or former Owner
personally obligated to pay the as'sessment, may file and foreclose Gudicially or, non-judicially) a
lien against the Tract covered by such a~sessment in accordance with subsection (d) belo:w, or
may do both. In any action, including ~y arbitration, administrative hearing, court proceeding
and appeals thereof, the Association' (an.d the Property Manager) shall be entitled to recover its
costs, expenses and reason~ble attorney's fees, which item shall be secured by the liens created or
reserved under this Article.
(d) Declarant and each Owner hereby reserves and grants unto
Trustee (hereinafter referred to as the "Trustee"), a power of sale for the benefit of the
Association, and each Owner 'of any Tract, by acceptance of a deed or o~her conveyance therefor,
whether or not it shall be expressed in any such deed or other conveyance, shall be deeded to ,
grant to the Trustee a power of sale for the benefit of the Association to enforce the assessment
liens created pursuant to this Article. The assessment liens created pursuant to this Article may be
enforced by the foreclosure of such lien against the defaulting Owner's Tract by the Association '
(i) non-judi(!ially in like manner as a deed of trust or other contract lien 'pursuant to the laws of the
, State of Texas governing'non-judicial rights offoreclosure on real property or (ii) in any other
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manner allowed by the laws of the 'State of Texas. Specifically, such non-judicial foreclosure may
be accomplished in the same, manrier and by following the same procedures as set forth in Section
51.002 of the Texas Property Code, as same may be hereafter amended from time to time, the
terms and provisions of which are hereby incorporated by reference and made a part hereof for all
purposes.' In any foreclosure proceeding, whether judicial or non-judicial, the Association shall be
entitled to recover its costs, expenses and reasonable attorney's fees, whi~h items shall be secured
by the liens created or reserved under this Article. The Association shall have the power to bid on
such a defaulting Owner's Tract at a foreclosure sale 'or other legal sale (with the right to be
credited on the amount of its bid in an amount equal all of the indebtedness due and owing to the
Association by the Owner Qf such Tract as of the date of said sale) and to acquire, hold, lease,
mortgage, convey or otherwise deal with the same. In the case of the resignation of the Trustee,
or the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the
option of the Association (which reason need not.be stated), a Substitute Trustee may be named,
constituted and appointed by the Association, without other formality than an appointment and
designation in writing, which appointment and designation shall be full evidence of the right and
, authority to make the same and of a~l facts therein recited, and the power of sale reserved and/or
in this subsection shall vest in the Substitute Trustee the title and powers herein conferred ~n the
Trustee originally named herein, and the conveyance of the Substitute Trustee to the purchaser(s)
at any sale shall be equally valid and effective.
Section 5. Liability Limitations. Neither Declarant, nor its officers, directors,
employees, agents or attorneys, nor the officers, directors, employees, agents or attorneys of the
Association, shall be personally liable for debts contracted for or otherwise incurred by the
Association or for any tort arising from the actions of the Association or any Member, whether or
not such Member was acting on behalf of the Association or otherwise. Neither the Declarant,
the Association nor their respective' partners, officers, directors, employees, agents or attorneys
,shall be liable for any damages, ~ncluding, without limitation, incidental, consequential or punitive
damages, (i)' for failure to secure or inspect any Tract, the Improvements thereon or the' Common
Areas or Common Facilities or for failure to secure, repair or maintain same,. or (ii) occasioned by
any act or omission relating to the repair or maintenance of any Tract, the Improvements thereon
or the Common Areas or Common Facilities.
ARTICLE VI
MAINTENANCE
Section 1. Maintenance. The Association, through the Property Manager, shall maintain,
operate, manage, insure, repair and replace all of the Common Areas and Com~on Facilities. The
cost thereof shall be an expense funded by an Association assessment against all Owners. '
Section 2. Perimeter Fences. In ,additio~ to the maintenance referred to in Section 1 of
this Article, the ~sociation, through the Property Manager, shall maintain all perimeter walls or
fences separating Tracts from portions of the Common Areas and Common Facilities. As to such
fences 'and walls, the Property Manager shall repair and replace such walls or fences when
8
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necessary, and, when necessary, paint the side of such wall or fence facing the Common Areas or
Common Facilities. The cost of such painting, repairing and replacing shall be an Association
. expenses, Painting of the side of such wall or fence which faces the Tract shall be performed by
, the Owner.
Section 3. Access at Reasonable Hours. For the sole purpose of performing the
maintenance required by this Article, the Association and its Property Manager, through its duly
, authorized agents, contractors and employees, shall have the right, on notice, to enter upon any
Tract at reasonable hours on any day except Sunday and holidays: Notwithstanding the
foregoing, in an emergency situation, no notice need be given and entry may be made on any day
at any tim~. Neither the Association nor its employees or agents shall be deemed guilty' of a
,trespass in performing the activities authorized in this Artide.
ARTICLE VII
INSURANCE
Section 1. Common Areas ~nd Common Facilities. To the extent that the Association
has funds available to do so, the Board of Directors and the Association agree to and have the
authority to maintain: ')
. (a) comprehensive general liability and public liability insurance in reasonable amounts,
as the Board of Directors in good faith determines (but in not event with policy limits of less than
$1,000,000.00), covering each Asso~iation Member, Officer, Director, and agent, ifany"against
liability for any negligent act of commission or omission attributable to them which occurs in
co~ection with any activities undertaken by them hereunder;
)
(b) In addition, the Board of Directors shall have''!he'right to obtain fire and malicious
mischief endorsements, insuring the facilities on the Common Areas, in an amount equal to their ,
full replacement values; , .
(c) Workmen's Compensation Insurance; and
(d) ,Directors' and'Of.licer's liability insurance, fidelity'insurance and other insurance it '
may deem proper to protect the Association, its members and its property. All insurance ,
premiums for such coverage shall be paid for by the Association and assessed as appropriate to all
Own~rs, which assessments shall be secured by the liens created or reserved in Article V of this
Declaration.
ARTICLE VIII
USE OF PROPERTY
Section 1. Existing Use Restrictions. The Development is, and shall remain subjeCt to
any general and s~ecial use restrictions set forth in any existing pla~ or restriction instrument
9
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("Existing Restrictions"). Any termination, modification or other amendment (if any) of the
covenants, condi~ons and restrictions set forth in and evidenced by the Existing Restrictions shall
be pursuant to and in accordance with the terms and provisions of such Existing Restrictions; and
any such termination, modification or other amendment of.the Existing Restrictions shall not
terminate, amend, modify, alter or otherwise affect the terms and provisions of this Declaration.
This Declaration is not intended to be, and shall not be construed or interpreted as, a termination,
modification or amendment of the Existing Restrictions with respect to all or any portion of the
Development. .
Section 2. No Oil, Gas or Mining Operations. No oil or natural gas drilling, oil or
natural gas development, or oil refining, quarrying or mining operations of any kind shall be
conducted on the surface of any portion of the Development; and no oil, natural gas or water
wells, tanks, tunnel, mineral excavations or shafts, and no derricks or other structures for use in
boring for oil, natural gas, minerals or water shall be erected, maintained or permitted '
(temporarily or'otherwise) in or upon any portion of the surface of the Development; ,provided,
however, that nothing in this S~ctioz:t 2 shall prevent (a) the' Owner of ar:IY portion of the mineraI
estate of any portion of the Development from (i) exploring for, developing and producing all oil,
gas or other minerals in, under and that may be produced from the Development by any means or
methods, including, without limitation, directional drilling, which does not require or result in
operations on the surface of the Development, and (ii) including all or any portion of the
Development in one or mor~ "pooling" or unitization units for purposes of exploring for,
development or production of ~uch oil, gas or other minerals; or (b) use of any portion of the
Development for water wells or water storage tank~ for the purpose of public water service by a
municipal utility district or other governmental body'or political subdivison.
Section 3. Animal HusbandlY. No sheep, goats, ,~orses, cattle, swine, poultry,
dangerous animals, snakes or livestock of any kind shall ever be kept on any part of the
. '
Development; provided, however, dangerous animals shall exclude trained guard dogs kept in a
fenced area. No kennels or other establishments operating' for the predominant purpose of
boarding, training or selling animals shall be operated on any part of the Development; provided,
however, that veterinary clinics or,hospitals and pet stores shall not be prohibited. ' '"
Section 4. Trash and Rubbish. All trash, rubbish, garbage, manure or debris of any kind
shall be placed in sanitary refuse containers with tight fitting lids in an area adequately screened by
planting <>r fencing so as not to be seen from neighboring tracts or public or private streets.
Reasonable amounts of construction materials and equipment may be stored upon a tract for
reasonable periods of time ~uring the construction of Improvements thereon.
Section S. Additional R~stiictions. ' Each Tract shall be subject to the provisions of this
Declaration, the By-Laws and rules and regulations of the Association and the following
covenants and restrictions: ' '
(a) Each Tract shall be well-maintained in a safe, clean and attractive condition at all
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times (including, without limitation, keeping the Tract free of unsightly weeds and keeping grass
and other ground cover, if any, mowed).
(b) Any Owner who sells his Tract shall promptly notify the Association, providing the
name and address of the 'new Owner.
(c) The Association shall; at the request of the mortgagee of any Tract, report any
delihquent assessments due from th~ Owner of such Tract.
(d) All Association assessments shall be paid when due.
(e) The lease of any Tract or Improvements theron shall be deemed to provide that the
tenant and its guests, licensees, employees, agents and invitees shall fully comply with the '
convenants, restrictions, tenns, and provisions of this Declaration and any and all rules and
regulations of the Association. Each Owner shall be jointly and severally liable with the tenant of'
such Owner for the violation of any ~fthe covenants, restrictions, tenns or provisions of this
Declaration or any rules or regulations of the association.
(t) No oil, gasoline or other such flammables shall be stored in violation of any local,
, state, federal or other governmental code or regulation. No such flammables shall be stored in
bulk of more than fifty-five (55)' gallons gross capacity except in a manner and upon such
, conditions as the Association sha~l approve in writing in its sole discretion. All underground
storage tanks used or installed on any Tract must. be designated, installed and operated in'
accordance with the stricter of the technical standards established in 40 C.F.R. Part 280 or 31
Tex. Admin. Code Sections 334.41-334.45, as both are subsequently amended and revised from
tim~ to time. Such technical standards shall apply on the effective date hereof, regardless of the
applicable effective date established by said regulations. Contwnment structures, such sas
impervious curbing and retaining walls, must be provided in all areas where oil, petroleum
products or hazardous substances (as defIned in the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended) are used ot stored. Such containment
structures must be adequate to retllin the entire contents of any container(s) loCated therein. No
ponds, lagoons, impoundments, reservoirs,or earthen works may be installed or constructed on
any Tract for storage; containment or disposal.of any materials or wastes. '
(g) Pursuant to the tenns of the Development Agreement with the City ~fLa Porte,
storage of shipping containers is prohibited. The only exception to thi~ shall be to allow the
temporary loading and/or unloading of shipping containers incidental to the Rail-Warehouse areas
or the Light Industrial areas.
(h) Additional r~onable rules and regulations may be adopted by the Association from
~ime to time and shatl be enforceable thirty (30) days after written notice thereof is sent to all
Owners.
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ARTICLE IX
ENFORCEMENT
Section 1. Compliance by Owners. Every Owner, and all tenant and other occupants of
Tracts, shall comply with the covenants, restrictions, terms and provisions set forth in this
Declaration and all rules and regulation which from time to time may be adopted by the
Association. '
Section 2. Failure to Comply. Failure of an OWner (or tenant or other occupant of
Tracts) to comply with such covenants, restrictions, terms, provisions of rules and regulation shall
be grounds for immediate action which may includ,e, without limitation, an action to recover sums
due for damages, injunctive relief, enforcement of other rights or remedies set forth in this, ,
Declaration or any combination ihereof. Any costs and reasonable attorney's fees incurred by the
Associatio.n shall be assessed against the non-complying, Owner (of tenant or other occupant of
Tracts) and may be enforced as the persQnal obligation of the Owner Gointly and, severally with
any said tenant or other occupant) a~d1or by a lien against the Tract in the manner set forth in,
Article V of this Declaration. All rights and remedies of the Association under this Declaration
shall be cumulative and the exercise or non-exercise of any of same shall not be deemed a waiver
of that rights, or any other right. '
ARTICLE X
GENERAL PROVISIONS
Section 1. B,eneficiaries of Easements RiGhts and Privil~Ges. The easements, licenses,
rights and privileges established, created and granted by this Declaration shall be for the Benefit
of, and restricted solely to, the Association and the Owners. Any Owner may also grant the ,
benefit of such easements, license, right or privilege to his 'tenants and guests for the duration of
their tenancies or visits, subject in the case of the Common Areas or Common Facilities to the
niles and regulations of the Association. This provision is not intended, nor shall it be construed,
as creating any rights in or for the benefit of the general public.
Section 2. Duration and Amendment.
(a) The covenants and restrictions of this Declaration shall run with and bind the
Development and shall insure to, the benefit of and be enforceable by the Association, any Member
or Owner of any land subject to this Declaration, their respective legal representatives, heirs,
successors and assigns until . 2046, unless otherwise expressly limited herein, after
which time said coven~ts and restrictions shall be autQmatically extended for successive periods
often (10) years unless an instrument signed by the Meinbers holding not less than seventy-five
percent (75%) of~he votes of the Association is filed ofrec,ord and recorded in the'Official Public
Records of Real Property of Harris County, Texas, changing or terminating'said covenants and
restrictions in whole or in part. '
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(b) Notwithstanding the foregoing, the easement, licenses, rights and privileges ,
established and created with, respect to the Development by Article IV shall be perpetual, shall run
with the Development and shall survive any destruction, reconstruction and relocation of the
physical structures, unless (i) said provisions are abrogat.ed by the unanimous written conse(1t of
all the Owners, or (ii) any of said easements~ licenses, rights or privileges are abandoned or are
not used for a continuous period of twelve (12),months in which events the easement, license,
right or privilege in question shall automatically terminate.
(c) Except as specifically prohibited herein, this Declaration may be amended by (i) an
instl1:lment signed by the Members holding not less than seventy-five percent (75%) of the votes
of the Association or by an instrument signed by the President of the Association a~esting that
such instrument was approved by Members entitled to vote seventy-five (75%) of the votes of the
Association at a meeting of the Members called for such purpose, pr (ii) any Supplement
Declarations recorded by the Association. Any amendment must be filed of record and recorded
in the Official Public Records of Real Property of Harris County, Texas to'be,effective.
Notwithstanding any of the foregoi(1g, no provision of this Declaration may be amended if such
provision is, 'at the time of the proposed amendment, required to be included in this Declaration
by any applicable governmental law, statute, code, ordinance, rule or regulation. The foregoing
sentence may ~ot be amended.
Section 3. Di~osition of Assets Upon Dissolution of Association. Upon dissolution of
the Association, its real and .personal assets, including the Common Areas and Common Facilities
if same have been conveyed to the Association, shall be dedicated to an appropriate public agency
or utility to be devoted to purposes as nearly as practicable the same as those to which they were
required to be'devoted by the Association. In the event such dedication is refused acceptance, ,
such assets shall be granted, conveyed and assigned to any. no~-profit corporation, association,
trust or other organization to be devoted to purposes as nearly as practicable the same as those to
which they were I:equired to be devoted by the Association. No such disposition of the '
Association properties shall be effective to divest or diminish any right .or title to any Member
vested in him under the licenses, covenants and, easements of this Declaration, or under any
, subsequently recorded covenants an~ deeds applicable to the Devel9pment, unless made in
accordance with the provisions of this Declaration or said covenants and deeds.
'Section 4. Estoppel Certificates. Upon request by an Owner and within fifteen (15) days
of such request, the Association shall provide an estoppel certificate to an .owner setting forth the
status of such Owner's Tract relating to the provisions of this Declaration and the assessments of
the Association; The Association may elect to charge a reasonable administrative fee to provide
such certificates.
Section 5. Notices. Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly given and received when
mailed, postpaid, to the last known address of the person who appears as Member or Owner on
the records of the Association at the time of such mailing. Any notice shall be deemed given and,
13
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.
received if mailed as provided in the preceding sentence, notwithstanding the failure of the
,
intended recipient thereof to accept, pick up or give receipt for same. .
Section 6. Administration. The administration of the Association shall be in accordance
with its By-Laws and Articles of Incorporation.
Section 7. Severability. Invalidation of any of the covenants, limitations or provisions of
this Declaration by judgement or court order shall in no way affect any of the remaining
provisions thereto, and the same co~tinue ~ full force and effect.
Section 8. Enforcement. The Association shall ,be entitled to recover the costs of
enforcing the provisions of this Oeclaration and rules and regulations of the Association against
any Owner, t~nant and occupant, including, without limitatio.n, reasonable attorney's fees and the
costs of legal action taken by or on behalf of the Association, and reasonable attorneys' fees and
costs oflegal action fot appellaie proceedings, actually incurred by the Association in connection
therewith. Such costs shall be recov:erable by means of assessments against any defaulting Owner,
which assessments shall be enforceable in any manner providing for in Article V.ofthis
Declaration.
Section 9. Texas Law. In construing this Declaration, ,and with -respect to any action
hereunder, the laws of the State of Texas shall apply.
Section 10. Prevailing Party. In any action between the Association and the Dechu:ant
concerning this Declaration, the prevailing party shall be entitled to recover reasonable attorneys'
~ees from the other party.
Section 11. Transfer of the Declarant's Rights. At such.time as the Declarant no longer
owns or manages any portion of the Development, all of the Declarant's rights, powers and
privileges under ihis Declaration automatically shall be transferred to and vested in the
Association.
Section 12. Liability of Association. Any liability of the Association which may arise
under or ~n connection with this Declaration and/or the Development shall be a liability of the '
Association and not the personal liability of any officer~ director, shareholder, employees or agent
of the Association.
Section 1'3. Effective Date. This Declaration shall be effective upon its recordation in
the Official Public Records of Real Property of Harris County, Texas. '
Section 14. Existing Improvements, Notwithstanding any provision of this Declaration
to the contrary, all Impf(~vements existing on the Development at the time that this Declaration is
filed of record and recorded in the Official Public Records of Real Property of Harris County,
Texas shall be deemed to be in compliance with this Declaration.
14
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".,
" Section 15. Counter:parts. This Declaration may be executed in counterparts, each of,
which may be executed by one or more parties -and shall be considered an,original and all of which
together shall constitute one document.
Section 16. Conflicts. Should there be a conflict between the need Restrictions and the
Development Agreement, the tenns of the -Development Agreement will control and the
Covenants and Restrictions shall be subservient.
15
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".
This Declaration of Covenants, Restrictions, Easements,' Charges and Liens for
was adopted by this instrument, signed by the Owners of all
of the Development at the time of its adoption and shall run with and bind the development until a
date certain in the year 2049. ' '
DECLARANT:
By:
Name:
Its:
EXISTING OWNERS:
. :"
'/f,4Rr~ tf( t?2 y //J; .L'-r.b
BY:4~' ,
Name: ..S"7&A/l7 ~AAS'kltllf T~
Its: ~e~AA- PAtIP7/V~
By:
Name:
Its:
By:
Name:
Its:
ay:
Name:
Its:
16
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STATE OF -re'i.QS
COOOY~F-1k ......../5'
~
~
~
TInS .wSTR1JME.lfn,~ acknowledged before me on the 17 day of J:>ece"J,e ",
19!11 by ~U4f.,t ~t'\~I.U()r""i-h . a on behalf of said
corporati~n. ' ,
(J, _-I: I 17.Jwu-
N~in and for
I;;*;.;:.~;O~/~~;;O;;~;,O
: *:. :*: NOTARV PU8UC
"~a;.'~'" SfA1E OF 1EXAS
. " .' COMMmON EXPIRfS 07-Q5.~
000000000000000000000000000000000o
the State of Texas
(I'~fL/ N. Scat!- '
Pri~d Name of Notary
My Commission Expires:
,1- 5- t9.000
STATE OF
~
~
~
COUNTY OF
, TInS INSTR~NT was acknowledged before me on the '
19_by' .a
, corporation.
day of
on behalf of said
Notary Public in and for
the State of Texas,
Printed Name ofNotafy
My Commission Expires:
17
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.
PROTECTIVE COVENANTS
, ,
'This,conveyance is made with the restrictions and upon the covenants hereinafter set forth,
hereinafter referred to as "Protective Covenants", which shall be covenants running with the
Property, binding upon and observed by Grantee and Grantee's successors and assigns as they
may acquired an interest in the Property.
The terms "Buildina Site" and "Parcel", as used hereinafter, shall mean any subdivide~
platted lot or similar parcel ofland within the Property. The tenn, "Premises" as used
hereinafter, shall mean buildings, improvements and appurtenances, and landscaping.
1. Permitted Uses. The Property shall be used solely for o,ne or more of the uses shown
on the approved General Plan for Texas Import/Export Park and further described in the
Development Agreement with the qty of La Porte, Texas. Should there be a conflict between the
Protective Covenants, Special Conditional Use Permit and/or the Development Agreement, the'
terms of the Development Agreement will control.
2. Prohibited Uses. The following operations and uses, shall not be permitted on ~y
portion of the Property: '
(a) Any use that this offensive by reason of odor, gas, fumes, dust, smoke, noise, ,
pollution or vibration, or that otherwise constitutes a nuisance or is hazardous, dangerous or
unsafe. .
,
(b) Commercial excavation of buildings or construction materials (but excluding
excavation in connection with construction of improvements on the Property); , ' ' "
, ( c) Dumping, disposal, inCineration, or reduction of garbage, damage, dead animals, or
refuse; or the const~ction or operation of w~ter or sewage treatment plants or electrical
substations (excluding such plants as may be Qperated by public ut,ility companies or,by utility or
similar districts providing s,erVices to the Property);
.,
(d) Smelting of iron, tin, zinc or other ores; or refining of petroleum or its products;
(e) Storage in bulk of junk or used materials; and
(f) Residences of any kind, i~cluding, but not limited to, single or multi-family,
apartments or condominium~ in Section One. ' ' .
Any other activity or use which in the reasonable discretion of the Grantor is obnoxious to, or out
of hannony with, a first-class office and industrial land development shall not be permitted on any
portion of the Property. Trash, garbage, or other waste shall not be .kept except in sanitary
containers. All trash, garbage or other waster shall be removed no less often than once per week.
'.
.
No use shall be pennitted which is in violation of the laws of the United States or the State of,
Texas or any subdivisjon thereof. Written approval by the Grantor ofa particular use 'shall be
,conclusive evidence of compliance with Section 1 of these Protective Covenants to the extent that
, such use is not in violation of any law or ordinance. The Grantor shall not be liable to any person
~ respect of any use for which the Grantor has in good faith granted such approval.
3. Architectural and Design Control. Construction or alteration of any building within
the Property shall meet the standards set forth in these Protective Covenants 'and any reasonable
guidelines from time to time established by the Grantor. All further subdivision of the Property
(that 'is, the subdivision or division of any single parcel original conveyed by Grantor into two or
more Building Sites or Parcels), and construction on and development within the Property, shall
be subject to the,approval of the 'Grantor, which approval shall not be unreasonably withheld"
delayed or conditioned. No building or other improvement shall be constructed on the Property,
and not exterior changes shall be made in any building or improvement which may hereafter be
constructed thereon, until two (2) s~ts of the plans and specifications therefor (including a site
plan, exterior elevations, colors, construction materials, structural design plan, grading and
drainage plan, site landscaping and'ihigation, all exterior lighting, site signage~ plans for off-street
parking of vehicles, and utility layout) have been submitted to and approved in writing by the
Grantor. Such approval process shall extend to type and quality of materials, harmony of exterior
design and colors with existing structures on the particular Building Site or in the area and
location with respect to topography, and finished ground elevations. The Grantor may from time
to time establish reasonable development guidelines and standards for site planning, architecture,
construction, building materials, sidewalk and landscaping; traffic management for truck and rail,
" 'and if and when such guidelines and standards are established, and copies thereof provided to
Grantee, the same shall be used as the basis for review and approval or disapproval of plans and
specifications. The person or entity submitting plans and specification for review shall be advised
in writing of (i) the approval thereof by the Grantor, or (ii)" the segments or features thereof which
are deemed by the Grantor to be inconsistent or not in conformity ~th these Protective
Covenants'and said guidelines and standards, if applicable. If, within fifteen (15) days after the
receipt of such plans and specifications by the Grantor, written notice of or o~jection to features
thereof ~s not given, the approval of the same by the Grantor shall be deemed to have been given.
All improvements on the Property shall be built substantially in accordance with plans and
specifications as the same may have been given. All improvements on the Property shall be built
. substantially in accordance with plans and specifications as the same may have been given. All
buildings on the Property shall be built and all other improvements thereon shall be made
substantially in accordance with plans and specifications as the same may have been finally
approved by the Grantor. Notwithstanding the Grantor's failure to either approve or disapprove
the plans and specifications for improvements to be constrocted on a Building Site, no
improvements or buildings shall be constructed on any Building Site unless all aspects thereof .
meet all the requirements of these Protective Covenants. All buildings in the Property shall have
exterior walls offace brick or of exposed aggregate concrete and/or glass or of equivalent,
permanent, architecturally-finished material to finished grade. No building shall be covered with
sheet or corrugated aluminum, asbestos, iron or steel. When a const,ruction material is specified
herein, another material may be used in lieu thereof, provided such material is determined by the
Grantor to be equivalent of, or better than, said specifi~d material. The Grantor shall not be liable
.
.
to any person under any theory or under any circumstances in connection with the approval or
disapproval of plans and specifications, including, without limitation, ,any liability b.ased on
soundness of construction, adequacy of plans and specifications or otherwise. Further, in the
development of any Building Site and in construction of improvements thereon, the owner of a
Building Site must comply with all applicable law, rules, regulations, zoning ordinances, building
codes and governmental requirements, including, without limitation, those related to the
installation of sidewalks and similar amenities, hazardous chemicals, and, fir~ and safety codes and.
standards.
4. Landsclij)e Installation. Landscaping, undetground irrigation and berms generally for
all open, and as practicable; within Section One, unpaved spaces within a Building Site, including,
but not limited to, the area of a Building Site (the "Landsclij)e Setback"), and side and rear
building .setback areas, shall be installed by the Building Site owner, at its sole cost and expense.
Such landscaping shall include, without limitation, visual screening required by these Protective
Covenants. Installation of the required lan~scaping and irrigation within a Building Sit,e must be
completed ,within thirty (30) days following the occupancy or substantial completion of any
building, whichever occurs first, subject to reasonable extensions for a period of time eq~a1 to the
duration of delays caused by fires, act of God, shortage or labor or materials, strike, lockou~
casualty, or other conditions beyond a person's ,reasonable ~ontrol ("Exc~sable Delay"). Ifsuch
required landscaping and irrigation is not timely installed the Grantor may cause the same to be
installed at the expense of the Building Site owner, in the same manner and with"the same effect
as if such installation were maintenance required by Section "15" below.
5. Landsclij)e Maintenance. The owner of a Building Site shall, at its sole cost and
expense, maintain all landscaping, berms and irrigation required l?y these Protective Covenants to
be installed by the owner of a Building Site. No excavation shall be made on, and no sand, gravel
, or soil shall be removed from, the Building Site, except in connection ~ith the construction of '
improvements thereon, and upon completion'thereof, exposed ground openings shall be backfilled
and disturbed ground shall be graded, leveled, and paved or landscaped. Adequate erosion
contro~ shall be maintained during construction on a Building Site. All storm water falling on a
Building Site must be collected on-site, into subsurface drainage struc~res which must discharge
into a storm sewer or other drainage facjlity approved by the Grantor and which complies with
, '
applicable laws and re~lations. '
, 6. Setbacks. Minimum buildinglimprovement and parkjng area setbacks shall be as
follows (measured at right angles from the property line and shall conform to the standards of the
City and/or ,as established on approved plats.):
BuildinglImpr~vements
Parking Area,
All Public Streets
Side Building Site Line
Real Building Site Line
.
.
The Grantor may relax setback requirements with site plan approval of City where necessary or
desirable to accomplish a more effective and compatible land utilization. No building or other
structure, including, without limitation, fences, shall be erected nearer to any street or to ,Building
Site side or rear property lines than is permitted by the applicable setback lines'herein established
or by City ordinance. - -
7. Parkini Requirements. Adequate automobile parking spaces, includin~, without
, limitation, spaces for ,employee, customer, visitor, and handicapped parking, shall be provided on
each Building Site and all such parking areas shall be internally drained, curbed, and permanently ,
surfaced with concrete o,r asphalt. Minimum parking requirements/spaces shall be as follows, but
in no case less ,than required by:City ordinance:
llsc
Spaces
Office
3.5 spaces per 1',000 gross square feet or building
area. '
Industrial/Bulk Warehousing
1 space per 5,000 gross square feet of building area.
Manufacturing
2 s~aces per 1,000 gross square feet or bu~lding
area.
Access an~ Drives (internal) s~all conform to provisions of SCUP.
Design and construction of parking areas should provide for a reasonable mix of fuil size, mid-
size, compact size, and disabled or handicapped parking sp~ces. No use shall be made of any
Building Site or any'improvements constructed thereon which' requires parking in excess of the
capacity of the faci,lities maintained for parking on such Building Site. Parking will not be
permitted on any street or at any place other than designated parking areas shown on the plans
and specifications approved by the Grantor, and the owner of each Building Site shall be
resp~nsible for compliance by its respective tenants, employees, and vis.itors with the parking
requirements of~hese Protective Covenants. The owner of each Building Site shall, at its,
expense, cause to be installed and maintained, in compliance with applicable law and reasonable
standards established by the Grantor, adequate no-parking and other traffic control signs on public
streets adjacent to such Building Site. All parking areas shall be screened from public view with '
approved fencing, or berms and shrubs of type and species and in a manner approved in writing by
the Grantor. Unless otherwise approved in writing by the Grantor prior to construction, parking
will not be permitted in front of any parking setback line. To the extent that appropriate
governmental authority may from time ~to time require more parking spaces than those required by
these Protective Covenants, such governmental requirements shall control, but the minimum
parking requirements established by these Protective Covenants shall never be reduced except by '..
prior written approval of the Grantor.
8. Loading Docks. All loading docks must be screened as practicable in a manner
approved in writing by the Grantor. The Grantor may approve in writing plans for loading docks
.'
,.
which front on a street, provided such loading docks are at least sixty (60) feet from the front
property line and screened in a manner acceptable to the Grantor.
"
9. Screening. (a) No articles, goods, materials, incinerators, storage tanks, refuse
containers, or like equipment shall be permitted in the open or exposed to public view, or view
from the ground floor of adjacent buildings. If it shall become' necessary to store or keep such
materials or equipment outside of the, building, they must be, screened from view by a screen ofa
height at least equal'to that of the materials or equipment being stored, but not less than eight (8)
feet in height. Adequate screening must' also be provided to shield such stored materials and
equipment from view from the ground floor level of all adjacent buildings. All storage shall be
limited to the rear two-thirds ofa Building Site and under no circumstances shall any materials' or '
equipmeilt be stored betwe~n the Property lines of a Building Site and the'applicable building
setback from any street. Water towers, storage tanks, processing' equipment, stand fans,
skyiights, cooling'towers, communication towers, vents, rooftop mechanical 'equipment, parapet
walls and any other structures and equipment on a Building Site or on the i~provements thereon,
must be architecturally compatible (as determined by the Grantor) or effectively shielded frQm
view by an architecturally sound method approved in writing by the Grantor. All utility and
service system components and trash pick-up stations must be integrated with the building they
, . serve or m":lst be screened by a fence or wall of compatible materials approved in writing by the
Grantor and must not be visible above such screening. Ground or pad "mounted equipment, such
as power transformers and air conditioning equipment, shall be screened from view by fencing or
landscaping, all of which must be approved in writing by the Grantor. No boats, boat. or similar
hauling trailers, campers, horse trailers, buses, inoperative vehicles or any kind, unmounted
camper bodies, boat rigging, or other vehicles or associated equipment of a recreational or
commercial nature shall ,be parked or stored for any period of time on any Building Site unless
properly screened from public view 'in a manner approved ,!n \Yfiting by the Grantor. 'All retail
sales equipment, fixtures and merchandise shall be displayed only in the interior of a building,
unless otherwise approved in writing by the Grantor.
(b) Without limiting the generality of the foregoing provisions, all truck courts which
face Powell Road and State Highway 146 will be screened with appropriate berms and
landscaping. '
10: Utilities. No outside pipe, conduit, cable, antenna, or line for water, gas, sewage,
drainage" steam, or utilities of any kind, shall be installed or maintained above the surface of the
ground within any Building Site, unless otherwise approved in writing by the Grantor. Electricity
or any other energy or service may be installed above ground onlY,with the prior written approval
of the Grantor.
11. Exterior Illumination. Exterior illumination, if su~h is to be proVided, shall be
desigried to light only buildings, parking areas and walkways and shall not prodLJce glare on
adjacent streets or land. All ground level- tloodiighting fixtures shall be depressed or screened
from public view in a manner approved in writing by the Grantor. Parking ,area lighting, arcade
lighiing and all other illumination shall be subject to the written approval of the Grantor.
.
.
12. Siam. Consistent with the terms of the D~velopment Agreement, signage for the
track shall be uniform and shall follow a consistent design throughout the development. A sign
cOnsultant or other qualified design professional shall be utilized to develop,such uniform and
consistent signage plan throughout the tract and the plan that is developed shall be approved by
the City of La Porte and be enforced throughout the tract by the Association. No deviation in
signage shall be permitted except by recommendation of the Board of the Property Owners
Association (Association) and approved by the Planning Director of the City of La Porte upon
such recommendation. Consistent vvith this provision, prior to execting any sign, detailed
drawings and specifications for such proposed sign, incl~ding, without limitation, site information
signs, shall be submitted to the Grantor for its prior written approval. The design and material of
every sign on the Property must be approved in writing by the Association. Unless otherwise
approved in writing by the Grantor, all signs must be attached to a building, parallel to an4
contiguous with its wall, and must not project above its roof line. No mobile or portable sign and
no sign with flashing lights or moving characters, or designed to imitate moving lights or flashing
characterS, shall be permitted,. No signs may be painted on ~uildings' or other structures unless
otherwise approved in writing by the Grantor. No sign (other than traffic control signs and
informational signs erected by or with the permission of the Association) may be erected in any
street right-of-way or other easement. With the prior written consent of the Association,
temporary signs may be erected in the setback areas of a Building Site for the sole purpose of
advertising the leasing of the Building Site or businesses to be conducted thereon, or the sale
thereof, and such signs may be larger and of a different character than permanent signs. All
temporary signs must be removed when the principal building on the applicable Building Site is
substantially leased or sold. If, at any time; the purchaser, owner, user or lessee of any Building
Site shall be in violation of this Sect~on 12, the Association, without being deemed to be guilty of
a trespass and without being otherwise liable to such purchaser, owner, or user, lessee, or any ,
other'person, may enter upon the Building Site or any part ihereofand may remove any sign not
complying with the Section 12 or not previously approvecfas herein required. For purposes of
this Section 12, together with interest thereon from the date the costs are incurred until repaid at
the maximum nonusurious rate ofinterest allowed by applicable law, shall be due,arid payable by
the owner ofthe applicable Building Site upo~ demand. The repayment of such sums shall be
secured by the mechanic's lien created by Section 15 below as ifsuch.costs were incurred in
perfonning maintenance on such Building Site., All approvals by Association, required by this '
Section 12 shall not be unreasonably withheld, conditioned or delayed.
13. Temporal)' Structures. No temporary building or structure other than construction ,
offices and structures related to construction shall be installed or maintained on any Building Site. '
All temporary structures used for construction purposes ~ust receive prior approval from the '
Grantor with regard to location and appearance, and must be removed promptly upon substantjal
completion of construction of the building or improvement to which.they re~ate.
'-14. Easements. No structure shall be erected on any easement within the Property, and
no improvement may be placed within such easements, without prior written approval of the
Grantor and the holder of such easement rights. Easements may be crossed by driveways, p~king
areas, landscaping, and walkways upon receipt of the prior written approval of the holder of such
easement rights and provided appropriate measures an~ taken tQ protect the pipes, lines and
.
.
installations within s~ch: easements.
15. Maintenance. The o~er or, occupant of any Buildihg Site shall keep the Building
Site, premises, buildings, improvements, appurtenances, sidewalks, berms and landscaping
thereon, in a weU':inaintained, repaired, safe, clean and attractive condition at all times. If, in the
reasonable opinion of.the Grantor, any such owner or occupant is failing in such obligation, the
Grantor shall giye such ownet or occupant, or both, notice of such fact and such owner and/or
occupant must, within seven (7) days after such notice, undertake repair and maintenance required
to restore said owner's or occupant's property to a safe, clean and attractive condition. Should
any such owner or occupant fail to fulfill this duty and responsibility after such notice, then the
Grantor shall have the right and power to enter upon such Building Site through its agents,
without liability to: such owner or occupant (or any occupant, temuit, invites, customer, or
licensee of such owner or occupant) for ,trespaSs or otherwise, and, to perform such repair 'and
maintenance, and the owner or occupant (or both of them) of the Building ~ite on which such
work is performed shall be personally liable for the cost of such work and shall upon demand
reimburse the Grantor for the cost thereof. If the owner or occupant shall fail to so reimburse the
Grantor within ten (10) ~ays after demand, such cost shall be a debt of such owner or occupant
(or both of them), payable to the Grantor and shall also be secured by a lien against the buildings
and improvements on the applicable Building Site. Such lien shall be subordinate and inferior to
any lien granted to an unrelated third party by an owner of the Property for the purpose of
securing loans f~r the purchase of or improvements to the Property. The duty and responsibility
imposed by this Section 15 shall be over and above any maintenance which may ot~erwise be
performable pursuant to these ;Protective Covenants. All sums advanced by the Grantor pursuant
to this Section 15 shall bear interest at the maximum nonusurious rate of interest allowed by
, applicable law from date of advance until repaid.
16. Enforcement,. Enforcement of these Protectiye Covenants shall be by proceedings at
law or in equity against any person or entity violating or attempting to violate any covenant, either
to restrain or prevent such violation or proposed violation by an injunction, either prohibitive or
mandatory, or to obtain any other relief authorized by law. Such enforcement may be by the
owner of any interest in any land affected hereby, the Grantor, or anyone or more of them. The
legal fees incurred by the Grantor in th~ enforcement of these Protective Covenants or any other
sum to be paid pursuant to these Protective Covenants shall be paid by the person or entity
against whom enforcement is sought should the Grantor prevail in ,such action.
17 . Validity. The invalidity or unenforceability of one or more of these Protective
Covenants or any part or parts of any Protective Covenants in any instance or: as applied to any
particular situation shall in ~o way affect or invalidate the other Protective Covenants or parts
thereof or the application thereof to other circumstances, but, to the contrary, all Protective-
Covenants shall remain in full force and effect during the term herein ~pecified and any extension
thereof to ,the full extent and to all cir~umstances w~ich may be legally, enforceable. ,
18. 'Imn. These Protective Covenants,shall bind the Property for a term of years
ending January 1,2049 after which date these Protective Covenants shall be automatically ,
extended for successive periods often (10) years each; provided, however, at any time within said
.
.
initial term of these Protective Covenants, the same may be altered or amended, but not
terminated, by a written declaration signed and acknowledged by then owner of not less than 75%
of the land described on Schedule "1" to this Exhibit "_" (the "Benefitted Land"). During any
extension term of these Protective Covenants, the same may,be altered or amended by a written
declaration signed and acknowledged by the then owners ,of not less than 51 % of the land area
contained within the Benefitted Land and recorded in the Real 'Property Records of~arris
County, Texas. Nothing in this paragraph shall be construed as requiring the joinder of any
mortgages or lessee of any property iri any declaration or action to alter, amend or extend these
Protective Covenants. These Protective Covenants may be canceled, at any tiine by a written ,
agreement signed and acknowledged by the then owners of all the land area within the Benefitted
Land, which agreement shall be filed in the Real Property Records of Harris County, Texas.
19. Severability. Invalidation of any one of these Protective Covenants shall ,not affect
any ,other 'of these Protective Covenants, which shall remain iri full force ,and effect.
20. Notices. Any notice sent to any owner of a Building Site pursuant to these
Protective Covenants shall be deemed to have been properly sent when mailed, postpaid, to the
last known address of the person who appears on the records of the Grantor as owner of the '
applicable Building Site at the date of such mailing.
71. Variances. The Grantor , it~ successors or assigns shall have the right on behalf of all
land now or hereafter subject hereto to waive in writing minor variances of any Protective
Covenants where the same iS,'in the judgement of the Grantor, its successors or assigns, beneficial
to the Property, whether or not such variance or variances are in existence or are prospective.
22. Additions. The Grantor may from time to tim~, at the Grantor's sole discretion, add
or annex additional land to these Protective Covenants. Such addition or annexation shall be
accomplished by the execution by the Grantor and filing in the Real Property Records of Harris
County, Texas of an instrument setting forth the land to be added or annexed and subjecting the
same to the Protective Covenants.
. ,
23. Non-Uniformity. Thes,e Protective Covenants may not be identical to,the protective,
covenants which the Grantor may now or ,hereafter impose on the other Benefitted Land or on
other property owned by the Grantor alone or with others in the vicini~ of the Property.
However, such nonunifonnity shall not affect the validity and enforceability of these Protective
Covenants as to the Property, and further, these Protective Covenants shall not be extended by
implication to any other land other than the Property. '
24. Conflict with Deeds of Conveyance. Ifany part of these Protective Covenarits shall
be in conflict with any covenant, condition or restriction ~thin a previously recorded deed of
conveyance to any portion of the Property, the covenants, conditions or restrictions within such
prior dead of conveyance shall govern, but. only to the extent of such conflict. Where certain
rights are reserved by the Grantor in these Protective Covenants, the Grantor reserves the fight .to
make certain modifications therein a$ necessary in deeds of conveyance, in which case the terms
, of the deeds of conveyance shall prevail. However,'in no event shall any conflict herein take
.
.
precedence over the terms of the Development Agreement.
25. Succession.' Grantor may at any time transfer and assign its rights and duties under
these Protective Covenants to another entity or person ("Grantor's Successor") by recording in '
the Harris County Real Property Records a written assignment to such effect. Upon such transfer
and assignment, Grantor's Successor shall hold, posses and exercise all ,of the rights, powers and
duties herein reserved by Grantor. Addition~ly, Grantor shall have the right at any time to 'resign
and release its duties and rights under these Protective Covenants by recording a written
resignation in the Harris County Real Property Recor~s and by mailing a copy of such resignation
to each owner of the Property at their most recent address according to the records ofQrantor.
,
STATE
RESERVE IfGIf
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NOtE: FtlR SMl~ .A-. USE J. NO -..nv IS.
AS TO n1E ACaJRACY OF 1HE INFORMA11ON CONTAINED HEREON.,
SAID INFORMA l10N REPRESENTS AGRAPHIC ..LCClMP1LA l10N OF DA lUM
OBTAlNm FROM MAPS. SURVE'l'S. AND 0lH1:ft DOCUMENTS PROVIDED
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PRELIMINARY DETENTION 11/ OPENSPACE PLAN
SCALE : -r = acia FEBRUARY 2. ~8ee Ex t-h B l-r "F"
, d
BACK SLOPE
DRAINAGE
JOGGING
TRAIL
PilOT
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AUt': ~th~~, ~~~~~l,a.lriC' .'..';:, ::.'::~ ~;> 7,13 ~ "~. '
Feb. B3 1999 B3:B2Pt1 P22
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DBAn' TRAF.ll1C CONTROL PLAN .
TEXAS IMPORT-EXPORT PARK
AIi ApPrUfmate 2n-aCre Mi~ed Un Development
La Porte, Texas ,
A colllllleRiaJ mixed use project Ia to be constructed within a PlJI) 2iminS district in the CIt;y. of
La Porte:. Texas. 'Ibis project known as Taw l~/bqHIIf PrIM (Project) c:ombiwa u a
planned COIIIII1Unity, a 1bIJ range o(U8CS itom multifimi1y to rail- serwd iDdusariaI. Punwud: to '
the adoptioll ora Special CoadIdonaJ Use Pennie (SCUP) by the City, this eJor,tliIW!M is to provido
&'.;'~ as to the control ofimsmal and axtema1 mtolilobilo aad trudc tra1Bc generatecl by tb
Project. WIiiIe the General Plan for the Project scncrally desianatea the moua us-. by
ordinance each iDdividuU building ~r deveIapmmt sita wiD ~uire ftu1her Site PI8n ~ew. That
nMew process wiD, therefore. indUde au expaasiOD of the Traflic CoDtroI Plan to address site
spec:i&c iaucs p~ to-that use or pIau 11$ an addendum to this cb:umcat.
The goal ottbe Traftlc Coutrol Plan is to ~t8 the efllcient flow ottrafBc to and &om and'dbin
the Project in a mB11IlIIr that will lftinimhA additional adverse impads to the existiag thorougb&nt
syBtem oftbc area. It j. iatcndcd that the guidaneo established hcn:in shaD be cnAlrccd by the
Project Property 0wuer3 Association (Association) with overslght by the City. This gJlid.n~.,e is
to ba used ia the preparation of developmeat site pJaua 18 weD u the implemeatatiou of
operational patameterS lOr internal contm1 of aU'vehicular trafBc by the QwnaI.Developer aDd
&Dips. ;nc;lv~ project mana~ tenants, aad subsequeDt iadi~dua1 site OWDel'S or b-1sinessel
The site is serwd by a controDcd KeICSS prindplc arterial, Stale Hishway 146. with a pIannccl
iDtercbansc at Wharton WecnJ$ Boulevard, a planned 4o-Jaue collectcr street, ~~ the Project
and turning _0 Powell Road u a paraOeI ficiJity to S.H. 146. Due to the raatively limited
service area ottheWbarton Weems-Powell collDedicm, it will more than adequately ac::commodD
, BDticipated traflic pnerated by such a Projcc;t.
~ pnI"~ra. tll!ftMlt~ and business OWrJCr.Opcrat0r3 are to provide routiDs iMtrucdcma
for all tn1Bo servins shes within the Project. This sbaJI iaclude employees, compmy tIud:a and
wbicl-. c:ustomcq, camers, vendors or regular con~ making rcpetitiw ddivcrics.
1"RAJl1l'IC CONTROL CUlDELlNES
The tollowina initial guidelines Iddress the euential initial issues oftraftic CODItOI reIa1iWl to me
Project and may be amended as more detailed pJlIIIIIias aocI site apeeifiG __ cIcw:lop.
1 of'2
FRD1 : Northrup Flssacia.Inc
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A-DIE KJ. : 713 463 sme'
Feb. 93 1999 93: B3PM ,P23
ID{M~~~
All Praject pIIented trafDc diaD be directed to ~ aad .... tile lite at the
s.s. 146-WJw1oa Weau Blvd. hat.rHcdoa. BvG'J e&'art Is to lie made to '
disco..... or pnvent tnfllc to O~ from trainaDllt Parkway. iatenw tndIJc .. .
also be directed talla. s.B.. 146-Weem. Ua~~,.....ck tnfJic:.
Site plan desi. where practic:able shall utilize coiumoo driwways ad QWI .cc-.
--eI'It!w (drlYe8) betweea sites to ~"Gtlk' quaUty and e6cdve m._1 ttafIic low.
dnuJation witbiD the Project.
~ especially to S. H. 146. ,shall ba minimized to tho extent pracdcabJe aacl witbia
- the staled within tbc ::sCUP. Each building Bite IIDI8t be allowed .1_ one
driwway itrequeated. but sharing of driveways should be eac:ourapd u a po&y.
Loc:aDoIl or driw:wajs opposite each other aIonS Wharton Weems Blvd. 8boIdd be
eac:ouraged. par1icu1arJy where esp.... openin81 mfsht exIsI.
~ys along Powell Road shaD be designed aad signed aecorcfinaly to AciIitate tile
flow attruak tratBc toward tile S.H. 146 iDter3ClCdon. A driveway design that would
pnempt truc:k traftic to the north toward Fairmcm& Parkway is to be IIIIInd.ik'ld" ~ tbr
thoae desdned to DciJitiea that may exist south ofFairmout Parkway.
Esplanades. esp1a1l8do opcainp, iaduc6nCleft. turn lanes. IIId ~ an n:tums shaD
be clesiped to safely aecommodate truck traftJc with minimum impacts on other roadway
tndJic. Where possible and pqctiC8b.le cousideraticn sbaD be Sivca to the separadon of
altomobile and truck entraJICeS,driveways and parking.
All aspects ofUaf6c design discutsed hcrcio. induding but not limitccl to geometriC design, trafiic
sips. aDd standards sbaU conform to the applicable provisions ofthc City Code ofQrrfDuan~
1ho Texas Maaual on Unifbrm Traftlc Control Devices. and recomrnen~ons and s&andanIs of '
tbII tn.ffic iDdusUy (AMHTO). -
IadudecI ibr intbnnation purJ:JOSeS only are examples oftrafllc comroJ dcMces and designs that
illustrate potential solutioas to various conditions discussed above. A 1horoush eng;--ms
analyIk of the Project will include more detaiied SbIdy ofthcsc traffio iaues and wiD be
incOrporated into this document.
2of2
FRCI'1 : Harthrup' ASSoCi. Inc
ADE KJ., : 713 463 s4
Feb. 83 1999 83: 4BP\'1 P2
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...IM_ fOR TRued
TO IlAHUM8 III't'G OR OUT OF 11tnHS-
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LEIIGTH OF rem OF. . AP88N SfACI
TRAGTO\l- BE IRED
TRAILER \ IN FEEr III FEEl'
III F&ET
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85 /1 4iJ
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LOADING DOCK OliENstONS
, FIClJRE 7-8
7..15
FRCt1 : ,HarthruP Assacia*nC
PtDE ,JIll. 713 463 sme
Feb. B3 1999 B3:49PM P3
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Destgn of Se~v1ce Yehicle Fac1Jt~1es
Rear lOlding/unloading is much more efficient and convenient'than side
lOading. The truck circulation pattern and loading dock position should be
designed fo~ a left side back-in IIIilneuver (see Figure 7-6). This all_
. .
the dri'ter to sight .1'ong the left side of the veh1.cle wen backing. The
fIDill~.~~
.
apron space (see figure 7-7) should be adequate to allow the truck.to back
.'
in'and p~l1 in one PIIIIeuver., When semi-trf,ctor-tral1er callbinat10ns -1 be
expected the WI-50 vehic:le,(SO ft., eighteen Wheel,er) ~hould be used for
design. D1menslon~'for 900 facilities are given in Figure 7-8.
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L()AJ)ING /J()CK
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DESIRAII.E CIRCULATIO" FUR TRUcK LOADIN6 Mi; UNUMDIH6 FACILITIES
FIGURE 7-6 '
, .
.. '11
FRCI'1 : Harthrup ASsaCle Inc
PIDE ~., : 713 46J sae
Feb. B3 1999 B3:49PM P4
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LOMIII& DOCK CONF1&uRATJONS
, FIGURE .7-7 1
7-14
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FRD'I : Northrup ASSOCi. Inc
PtOE NJ. 713 463 ~
Feb. B3 1999 B3:49A1 P5
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Streets
SI6HT TRIMSLE AIm RIlll.... STOPPllIi SIGH1' DISTAHCES FORNO COIII'ROL
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DESIGnS fOR lURlIIH6 ROAIIIAYS AT .J~ DEGRE~ ll1TE1SECTIOII
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EXHIBIT _ H
Page CHI018 of 18 ' '
September 1996
, " CrrY OF HOUSTON - DesiiD M&au.a1
CHAPTER 10. Street PaviD~ Desim Requiremems
. . , .
GEOMETRIC DESIGN GUIDELINES
. . . .. . . . -. . .
FOR SUBDIVISION 'STR'EETS '
HARRIS COUNTY
'CITY OF H'QUSTON
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' " THE GUI.DELJNES IN THIS DOCUMENT ARE H~REBY APPROV'ED
, ,AS BASIC REQUIREMENTS 'FOR FU:rURE STREET PLANNING
AND DEVELOPMENT - JUL V, ,1993 ,
~~IMrYaG..m
~~I CUNTY ENGiNEs.ING DEPARTMeNT
'. . .
, 'DIRECTOR
~ ~OTYENGINEER~_~~~~~~\~ ~LAECTCA
' CITY OF HOUST N OEPARTMENT OF PlAHHIN~ . DEVELOPMENT
CJTY OF HOUSTON \ .
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CITY .OF',HOUSTON
DESIGN MANUAL
'CHAPTER 10
Street ,Paving ~esign Requirements
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SEPTEMBER 1996
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CITY OF' HOUST&esign Manuai ,
CHAPTER. 10 - Street Paving Design Requirements "
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: CHAPTER 10
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; . ~treet Paving Desip Requirem~ts
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PART 1 GENERAL '
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1.01
CHAPTER 10 INCLUDES ' ,:'. ',1
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Geometric design guideHnP.S for streets, criteria for street paviDg, and standard paving '.~~~?~
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A.' 'AASHTO - American Association of State Highway 'and Transportation Officials
B. ASTM"- American Society for Testing and Materials
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'1.03 DEFRmIONS'
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~ .. A. Geotechni~ ~gineer - #. engineer certified by the American Association for
LaboIatoty ACcreditation (A2LA). ' '
B~HMAC - Hot Mix Asphaltic Concrete
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C. Curb and gu~r sectionS - Full width concrete pavement with doweled on 6-inch
cux:bs or monC]lithic curb and gutter sections tor asphaltic concrete pavement.
Curb and gutter sections require inlets and underground storm sewers.
D. Roadside ditch sections - Ditch'sections adjacent to either full width reinforced
,concrete pavement or asphaltic cqncrete pavement. Roadside ditch sections do
,not require, underground storm sewers; however, the ditch sections' must be
deSigned to accommodate the storm runoff. '
1.04 DESIGN REQUIREMENTS
. .
The folloWing design requirementS are applicable to all pavements within City of
'Houston street rights-of-way: ,
, . '.
A. Width Requirements for Roadways - Refer to .Divided Roadway Cross Sections
- Urban", and .UndividedRoadway CroSs Sections - Urban", of the '.Geometric
Design 'Gui~e1ines for Su~division Streets" of ~ ~P,teI., "
Page CHI0n of 18 .
September 1996
'C.FHOUSTON --Design Manual
CHAPTER. 10 - Street Paving Design Requirements
B. Minirmlm Thickness- 8nd Reinforcement Requirements for Concrete Pavement:
The following requirements are the minimum allowable. Pavement thickneSs inti
reinforcement shall be designed by a'Professional Engineer based on a current
soils analysisi roadway. use,: traffic loadings, and life span of the proposed
pavement.
1. For pavement widths less than or equal to 27 feet face-to-face (FIF) of curb:,
' . a. Minimum concrete slab'thickness shall be 6 inches with fe' == ' 3 ,000 .
psi. and reinforcement with (, ,= 60,000 psi. Refer to' standard
drawings for-reinforcement details. Expansion joints shall be placed
at the end of each curb return and at a maximum spacing of 80 feet.
- b. Minimum stabilized subgrade thickness ~ be 6 inches.
2. For major thoroughfares:', - ,
a. Minimum concrete slab thickness shall be 8 inches with fe'= 3,000
psi. and reinforcement with (,'= 60,000 psi. 'Refer to standard '
drawings ,for,rejnforcement,~tails~ Expansionjo~ shall be pla~ a~
the end of each curb return' and at a maximum spacing of 80 feet.
b. Minimum stabilized subgrade thickness shall, be 6 inches.
" .
3. For all streets other than 1.04 B.1. and 1.04 B.2.given above (i.e., streets
greater than 27 feet FIF of curb and not major thoroughfares):
a. 'Minimum concrete slab thiCkness shall be 7 inches with fe' = 3,000
psi. and reinforcement', with fy = 60,000 psi.' Refer to standard
drawings for reinforcemeni details: Expansion joints' shall be placed
at the end of each curb return and at a maximum spacing of 80 feet.
b. Minimum stabilized subgrade thicKness shall be 6 inches.
C. Minimum Thickness of ,Asphaltic Concrete Pavement: Minimum thickness of
IDvIAC surf~cing and flexible ~ase shall be ,as shown on standard drawings.
D., Subgrade Treatment: Treatment of sub grade 'shall be determined by a
Geotechpical Engineer. The -Geotechnical-Engineer shall base depth of subgrade
- stabilization on structural mimber (SN) in conjunction with flexible pavement
thiclmess design.' : '
E. Requirements for Intersections, Turnouts, and Transitions:
1. At a "Tn intersection With a street that bas not been improved to its ultimate
width, concrete pavement 'should be stopped either at the ~ght-of-way line
or the end of the curb return, whichever would require less concrete
removal at a future date.
2. For roadway turnouts placed at an 'existing cross' street intersection, the
turnout should be designed to' fit the ultimate pavement width of the
intersecting cross street an~ then transitione~ to the existing roadway.
3. The usual transition length for meeting a roadside ditch ~eet is 50 feet for
street widths less tha1i or equal to 27 feet FIP of curb; 75, feet for 36 feet
FIP of curb; and iOO feet for 40 feet FIF of curb.
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ClTY,OF HOUs:eDesign Manual ' .
CHAPTER. 10 - Street Paving Design RCquirements
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Page CHIOI3 of 18 '
September 1996 '
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a. . Transition sections for streets other than concrete shall consist of a
minimum thickriess of 1-1/2 inches of Type .0" HMAC ~cing on
a flexible base~ Flexible base shall be a minimum thickness of 6 .
inches of HMAC Base Course, 8 inches of crushed concrete, o~ 8
inches of cement stabilized shell. The subgrade shall ~ stabilized to
a minimum thickness of 6 inches~ .
b. Transitions for concrete streets shall consist oe concrete and equal the
existing pavement thickness with a IIliniIDum tliickness of 6 inches on
6 inches of stabilized subgrade.
4. When meeting existing concrete streets at right angles, the exiSting street
should be saw cut in a V shape ~xtending from the curb returns to a point
where the centerline of the proposed pavement intersects the quaner point_
of the existing concrete street to create a crowned intersection. In the event
this ,~ons~ction crea,tes a situation in which the, traffic on the existing .
street, ai design speed, will bottom out when crossing the proposed street
intersection, a special design will be allowed to eliminate this dangerous
condition. ' ~
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F., Requirements for Roadway Ditches ,
1. Ditch capacity shaIlbe designed to handle storm water nmoff in accordance
with Chapter 9, .Storm Drainage Design Requirements. "
2. Minimum ditch grades and maXimum ditch side slopes shall conform to the
requirements of Chapter' 9 , .Storm Drainage Design Requirement$. II
3. Culverts shall be designed to. 'accommodate the ditch flow and shall be
constructed of reinforced concrete. WaIl thickness shall be Wall B as given'
in ASTM C 76. R.efer to standard drawings for minimum culvert size.
G. Requirements for Roadways with Curb and Gutter Sections
1. Inlet spa~ing ,
a. City Funded Projects - Spacing shall be determined by Manning's
Formula using parameters (e.g., limits of pavement flooding allowed,
etc.) as, specified by the City Engineer.
b. Non-City Funded Projects: The maximum allowable curb nm to an
inlet shall be' as .provided in, Chapter 9 - Stonn Drainage Design
Requirements~
2. Minimum grade line shall be 0.25 percent.
3. Minimum grade line shall be 1 percent for radii of 35 feet o,r less around
intersection turnouts. Grades for larger radii shall be determined on an
individual basis.
4. Vertical curves shall be installed when algebraic difference in grades.
exceed 1 percent. Elevations shall be shown at lO-foot intervals through
, vertical curves., Maintain a minimum of O.O~-foot elevation change at 10-
foot intervals by altering the, calculated elevations.
Page CHI0/4 of 18 .
September 1996 '
, , .' OF HOUst~N ~ Design ManuaI
CHAPTER 10 - Street Paving Design Requiremems
'5. Radii around cul-de-sacs shall be 42 feet for single famiIy,areas and 50 feet
for all others~ ' ,
,6. When a curb' and gutter street intersects a drainage ditch, the gutter
elevationshaIl be ab~ve the ,designed water surface eleva~on of the ditch.
7. Minimum grade line around a cul-de-sac shall be 0.60 percent.'
8. Major thoroughfares shall b~ superelevated,' in accordance with
recommendations of AASHTO.
9. Cross slopes for pavement 'shall be as shown on standard drawings. The
minimum cross slope for left-turn lanes and esp1aIiade openings shall be
lIS-inch per foot. " '
10. Minimum. grade line around the longest radius on a L-Type street shall be
0.40 percent. , ,
11. When meeting an existing curb ~ ~tter street, top 9f curb elevatio~' '.,
shall be designed to meet an elevation 6 inches above the existing gutter. ".
' At existing inlets, top, of curb elevations shall be designed'to match existing ,
top of curb elevations., ; " ,
12. When the curb grades are not established belo'Y the natural ground" till
lines shall be shown on, the drawings and shall be of sufficient height to
insure' a minimum of ~/S-inch per foot transverse slope toward the curb
from thC property ~ betw~ a point 2 feet outside the right-of-way line
and the top of curb. ,If this type fill is .required and the paveme~t is
adjacent to a nonparticipa$g property owner, fill easements shall be
obtained, filed, and a cgpy of the easements shall accompany the final
drawings. Construction of this nature will require back-slope'drainage
design to prevent trapping storm runoff.
13. The .maximum 'desirable tangent grade to vertic31 curves, at railroad
crossings is 8 percent ~or local streets and 3.5 percent for major thorough-
fares. ..', , " "
14. All top of curb grades 'for the outside lanes" shall be labeled except at
railroad crossings where gutter grades shall be labeled. Centerline grades
. are acceptable for streets with roadside ditch sections. '
IS.' Roadway grades 'at railroad crossings shaII be 0 percent from the centerline
of the track to 10 feet either side of the track' s centerline, and should not
cause a drop of more than 6-inches from the top of rail elevation at a
distance of 30 feet either side of the track's centerline.
16. For concrete roadways, the roadway shall terminate at a railroad header.
. 6 feet from the centerline of the tiack and the roadway cross slope shall be
zero from the railroad header to four feet before the railroad header.
H. Requirements for Inlets with Curb and Gutter Sections
1. City of Houston approved inlets, shall be used on all curb and gutter
sections within the city limits and the ETJ of the City. '
2. Attempt to keep the proposed inlets away from esplanade openings and out
of major thoroughfare, intersections. For intersections between a major
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CHAPTER. 10 - Stteet Paving Design Requirements ,
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Page CHI0lS of 18
September 1996
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thorougJi!are and a minor street, locate the inlets at'the end of return (EIR)
of the side street.
'3. Inlets shall be placed at the' end of pavement in order to el~te drainage
from the 'pavement gutter into a roadside ditch. . ,
4. When curb and gutter streets connect to roadside ditch streets,place inlets
at end of curb and gutter streets with reinforced concrete pipe stubs with
ring grates to colleCt the ditch stonnwater. See. City of Houston Standard
Drawing .Side Street Ditch Reception." '
5. Use only standard City of Houston cast iron grates for curb inlets.
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I. Requirements for Curbs, Sidewalks, and Driveways
1. Standard curb height is 6 'inches. .,',
'2. At railroad track approacJ?es, decrease curbs from 6 inches to 0 inches in
2 feet. , '
3. Reinforced concrete sidewalks and driveways shall be in accordance with
City 'of Houston standard drawings. I '
4. Reinforced concrete sidewalks in esplanad~: Reinforced con.crete
sidewalks, 6 iIiches thick. shall be constructed in all esplanades when cuibs
are 10 feet FfF of curb and less in width with a minimum length of 6 feet
measured from the face of curb of the esplanade nose. Reinforced concrete.
sidewalks in esplanades. shan be colored black for concrete roadways, and
uncolored for asphaltic cO~,roadways. '
.
J. Requirements for Thorou~ .
1.' When the full section of a thoroughfare is located within the City limits '
and is dedicated on a final plat, the esplanade and all lanes of the
thoroughfare shall be constructed at the time of initial construction of,
the roadw~y. , .',." "". "
2. . , If approved by the City EngmCer~ lanes contained withhi a plat, left:'
turn lanes and the esplanade to the center line of the right-of-way shall
be constructed at the time of initial construction of the rQadway when
oiUy one. side of a thoroughfare is located on a final plat. . The
remaining lanes, left-turn lanes and esplanade shall be constructed at
the time the final plat COnt:lining the opposite side of a half constructed
thoroughfare is approved. '
3. Permanent barricades, coDforming to the reqUirements of the Texas
Manual of Uniform Traffic Control Devices. shall be constructed at the
termination of lanes on partially constructed thoroughfares. The
barricades shall contain a sign reading "FUTURE ROADWAY
EXTENSION~.
k. Requirements for Miscellaneous Items
1. The type and depth of subgrade treatment shall be as 'determined by the,
Geotechnical Engineer.
2. For all proposed driveways. call out centerline stations. widths. and radii.
Page CHI0/6 of 18 ..
September 1996
.c6 HOUSTON - D~~ Manual
CHAPTER. 10 - Street Paving Design Requirements
. . . .
3~ Private streets shotlld be treated as iftl1ey Were driveways. See standard
drawings for consttuction details for private street intersections and for
driveways. .
4. Paving headers shall be placea at the end of all concrete pavements.
5~ All concrete to be removed shall be removed either to an existing joint or
. a sawed joint. The groove C?f the sawed joint shall be cut to a minimum
depth of 2 inches'along the line designated by the Professional &.gineer.
6. Determine minimuru vertical curve lengths based on AASHTO design.
criteria using a minimum design speed of 45 miles per hour for
thoroughfares and collector streets and 35 mph for residential streets. .
7. Standard City of Houston ~ shall be placed at the end of all dead-
, end streets not'terminating in a cul-de-sac.
8., If discharging stormwater into a HCFCD ditch, .HCFCD approval must be
'..' obtained before City approval~ '. ..' '.
9~. A letter of a~~between. the City. and the, pipeline company approving ,
the construction pian crossing is reqUired when paving is placed over' a .
transmission pipeline. .
.10. When meeting existing concrete pavement, horizontal dowels shall be used
if no exposed reinforcing steel exists. , Horizontal dowels shall be Grade
60, # 6 bars, 24 inches long, drilled and embedded 8 inches into the center .
of the existing slab with "PO ROC" or approved equal. Dowels shall be .
24 inches center to ci:nter, unless otherwise'specified. : ;
11. When concrete is .removed for connection with proposed concrete.
pavement, the pavement shall be saw cut and existii1g concrete removed to
expose a minimum of 15 inches of reinforcing steel. If no reinforcing steel
exists, use horizontal dowels per Paragraph K.lO above.
12. Adjust existing manhole 'frames and, covers within the .limits of the'
proposed pavement to meet the p~oposed top of slab elevation. .
. 13. Adjust existing manhole frames and covers outside 'the liMits of the
pavement to conform to the final grading' plan.
1.05 . QlJAUrY ASSURANCE
A. All construction drawings and specifiCations shall be prepared by or under the
supervision of a' Professional Engineer, and all documents shall be sealed,
' dated, and signed by the ~espons~ble Professional Engineer.'
B. All geotechnical work shall be performed by or under the supervision of a
Professional Engineer. All reports and documents shall be sealed, dated, and
. signed by the responsible Pr<?fessiorial Engineer. ' .
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CITY OF HOUSTON - Design MamiaI ' ,
CHAPTER. ,10 - Street Paving Design Requirements
: Page CHI0n of 18
, Seinember1996
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PART 2 . EXECUTION. '
2.01 DESIGN ANALYSIS ' .'
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. A. .' pavemen,t ,thickness '. and 'reinforcement shall be designed by a Professional
Engineer based on a current soils analysis, roadway use, tr!lffic loadings, and
life sPan of the proposed pa~~nt.
. B.., The' number' and, 'location of storm' sewer inlets shall be desilned to
accommodate stormwater runoff. A. graphical plot and calculations of the
' hydraulic gradient shall be furnished by the design engineer. The hydrauli~
gradient shall be in 8CCC?rdance With Chapter 9. ~Storm Dramage D~ign
Requirements.". ,.
C~ Roadside ditch drainage and culverts shall be designed in accordance with
Chapter 9. .StormDrainage Qesign Requiremerlts." '
2.02 DRAWINGS
o.
A.'.. Constnictlon drawings, 'shall be prepared in compliance wi~ Chapter 3,
'.Graphic ~irements." . ' . ~
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2.03 GEOMETRIC DESIGN GUIDELINES 'FOR SUBDMSION STREETS, HARRIS
COUNTY AND CITY OF HOVSTON.
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CITY OF HOUSTON. Desigi1 MamW
CHAPTER 10. Street PaviajDesigu Requiremeats
.
.:~~{
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Page CHIOl9 of 18 -7.""
September 1996 ' 2~:E
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THE GUIDELINES PRESENTED IN THIS DOCUMENT INCLUDE . :~:3fili.,
. '.'."......
THE. MOST OFTEN "REQUESTED INFORMATION REGARDING '..~J~t~;:'
GEOMETRIC DESIGN, OF SUBDIVISION STREETS.. DESIGNATED ';)?f.;
MAJORTHOROUGHFARESI, EXPRESS STREETS; WITHIN" ':"~\~~
SUBDIVISIONS, AND' EXISTING ACCESS STREETS, :SHALL BE ,..<::~'
. CONSIDERED FOR SPECIAL DESIGN FEATURES AND MAY";
REQUIRE HIGHER DESIGN CRITERIA THAN SHOWN HEREIN. ALSO' ':~~'_':
DESIGN FEATURES NOT SHOWN IN THESE GU.IDELlNES SHOULD :~;:
BE CONSIDERED SPECIAL DE?IGN FEATURES. " '
-
, ;
IT IS' ADVISABLE TO CONSULT WITH THE APPROPRIATE
' AGENCIES" AND "REVIEW THE MOST RECENT EDITION OF THE
FOLLOWING 'PUBLICATIONS TO DETERMINE' ADEQUATE'.
THOROUGHFARE REQUIREMENTS AND SPECIAL ,.pESIG~..
'FEATURES. : " .
· RECOMMENDED" GUIDELINES FOR:: SUBDIVISION
STREETS, INSTITUTE OF TRANSPORTATION ENGINEERS.
. . . .
." GUIDELINES ,FOR' URBAN' MAJOR STREETS DESIGN,
INSTITUTE OF TRANSPORTATION ENGINEERS.
· A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND' :
STREETS, AMERICAN 'ASSOCIATIO'N '-OF STATE
HIGHWAY AND TRANSPORTATION OFFICIALS.
· TeXAS MANUAL ON UNIFORM TRAFFIC CONTROL
- .
DEVICES (TMUTCD), TeXAS DEPARTMENT OF
TRANSPORTATION. '
~!..~.
'iiiO'
-
=
AGENCY A88REVlAnON: ,
HCED . HAMIS COUNTY ENGINEERING DEPARTMENT.
0011' . CITY OF HOUSTON. TRAFRC'AND SIGNAL ENGINEERING secnoN.
OPW . CITY OF HOUSTON. DEPARTMENT OF PUBUC WORKS
" AND ENGINEERING. ,
OPO . CITY OF HOUSTON CEPARTMENT OF ~NING AND CEVEl.OP~ENT. .
I OESIGNA TED ROAOWA Y APPEARING CNTHE MAJORTHOROUGHFAREANO FREEWAY PUN. HOUSTON
CITY PLANNING CO....MISSION. AND HOUSTON EXPRESS STREET PUN. TRAFFIC ANO SIGNAL
ENGINEERING secnoN. .
.
DIVIDED ROADWAY CROSS 'SECTIONS~URfJAN
s
1_1.:1 o.
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~'RIGHT-QF-'WAY :
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IV - AI - II'
,FtI&' r; F"ld 'Ftlu itI,.,#}
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R. ~.Ir.(') 80 90 100 100'"
W 24 .24 24 ~~
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/4 · ...-'
M 22 J2 /4
S '. 9~ ";/0. -, /0' 10
0 Z 2 2' 2
II. '""
DIVIDED ROADWAY DIMENSIONS
IIOII'IIUS DfSlON IIIOWS 'REUNeE
IW IYPlC_L cu... AND GUnu
AND. DOl. Nor IMPLY OR
nlCOMUfHO DflAlNAGf HIIGH
ANY RIGHI-O'-WAY DIMENSIONS DIFFERENT FROM TnOSE
SHOWN, S"ALL. REQUIRE ~S'f.CIAL ,GEOMURIC. IJ[ SIGN AS
DE'ERMINf~ BY HCED AND 00"0. ~ '
.
DE SIGN~
DIIIINSIONI RIVIIIO
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UNDIVIDED ROADWAY DIMENSIONS
t.
RIGHT - OF- WAY
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SINGLE, FAMILY,"; ; '. ,0- .. ALL OTNER'
ABU T TlNG . , (II IIIGH DENSITY -- n'
LAND IJSE STANDARD LOT LOr")' APr./I.JJ AlAJOlt
kIJAIMa-
R.D. If. 50 60 55 . : 60 6,0 ' 60.
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IV' 2T '. 2T .' ')6.,_ ;~..J6 ,.-' 40 . 44
S /l5 /6.5 !!.5 . /2' ,10. B
D 8 2 2 2' 2 "
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NOU . 'HIS' DUIOH,
IHOWI PRI UNCI 0'
lyriCAL CUft. AND
GUllln a Don HOI
IUPLY on RICOMMIND
O.AIIIAGI OUlaN.
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ALONG
'I,HOLf
N CI TY' Of IIDUSTON
EXPRESS 'I"EIT IY
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ALONG
LOT WIOT..S 40 f(f r OR Gn(ATfn
STREE." RIOIIT-Of-WA'y LINE..
LOT WIOTIIS'l.LE,SS TIIAN 40.r(t:r
STRfE'T R IGtn":Of-:-WAY ,L i NE .,_
ANY PROPERTY. USE alllEII filA"
fAMILY.
ANY ADA
DE S IONA
DO r r.
o WAY , w &.T.1I1
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LENGTH OF MEDIAN AND MEOIAN OPENING
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TYPICAL
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NOTES
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A
~~l * PRIVATE SIREET OR DRIVEWAY
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I-C- . A -1,"C1= ()
:::i . ==-- --:::l c:=
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,TYPICAL LE~GTH OF MEDIAN OpENING "C"
, , III
' , ::I ...[0 IAN 'NO LYBUI I LTB III 2 LT~'"
.. INTERRUPTION
- -.-
PRIVATf DRIVE '. 46' '. a2.0"a I 60'
-
UHDIVIDfD STREfT 46' :l2.I'ltl 60'
{40' ~ 0' 00 'IZ) 60'
.. 4'
-.- - - -
01 VIP'EO nREfT ot 10' Dt 10' Dt 10'
ALL . . .
DIStANCE: ,no..
CIHIlHLlH[ 0'
OPtHIHQ 10
..rO'AH H~U
Willi Uf I lUll"
LAHI 1.n'SI 8f 10'
SIl' PAG I.' fOil
""AOW"y AHO
NIO'''" urUls
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OrfHlNO NAY ut
AUOWlO, COIIIAt'
IIC[ 0 ANO/OII 00.1 r.
IU
141
J
p~npOSE Of ...EPIAN INTERRUPTION
-, - -
MAJOR STREET/, COLLECTOR LOCAL PRIVAI( SrRfEr
1I10ROUOllrAR f. STREl T S.TREE' OR DRIVEWAY
I!l- .tAL .. . IA'. .: II)
360' 300' 300"41 , 41
- - ----- .
.
30d 250' a.50' ' 260
- - - -- .
250' 250' 21io' . 200
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3
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a.UNIMUM ACCEPTABLE MEDIAN LENGTH. fOR TYPE Of STREET
rLANNEP 01 V lIiEP
---
STREET
If
STREET :1 S.
MAJOR STII([T/
IIIOROUOllfARE
COLLEC10R
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.MED/~N NOSE ANfJ LEF.T.,.TlIRN BAY '-OESIGN
1.1
II'
II
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ql PAVID PIDE8,TRIAN SPACE
G. NININUN ,'.OR
.. 10' AS REQUIRED I',PAVINO
REQUIRE ME HTS .
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, 8 .
LEfT TURN, BAY DIMENSIONS
A . laD' MIN IMUM A r IHrERUCri 011 Of 'TWO MUOR S rnu is~.
. 100' MINIMUM AT ALL OTIIIR INUnSIeJlONS.
B . 100' MINIMUM ON _rHAIGIII'ROADWAY.
8. . UPE,. LENOTH NAY 8E. SIIORlf,. If IT' IS ON A 110'''' ION TA L
CURVE TO TilE LU'. " " . ,
II, . TAPER LENGr.. NAY IE LaNUM If CUIIY,f IS ro rilE 'IIGlff.
HOrE' DIMENSIOHI MAY' ii:,.'O.lUSTEP AS DEUIININED IY IICEn
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OR DOl T, . ':" ' ,.:, ;:':. ,\' " . , I
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MEDIAN DIMENSIONS
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Ea' tIOtll w
'i NA
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>,., 5'. to. il I.A
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- - -
~si NOHE HOllE II'
N A - NOl
APPLlCAILE
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o
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00
INTERSECTION CORNER CUTBACK AND C,!RB RETURN DESIGN
, . .
CURa HE TURN REQUIR EM~NTS
RIGHT-OF-WAY CORNER' CUTBACK REQUIAEMEN,TS
.
. .
NTERSEC II
. .. I .
RIOIIT ANGLt
. .
80 - 86
. .
16 - 90
.
90
TYPE Of
INTERSECTI
e;
fin
RADIU S
ON - 26 fT
ON
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RADIUS.
RADIU s....n
ACCtPTA8LE IS' PAOPERn
SU8STITuiE fOR 2S' RAIlIUS.
.
25 'T
25 fT.
NTfRSECTION
ANGLE -
ANGLE, -
SKEWED ANGLE
ACUff.
OOlUSE
SHErCI. SIIOWS
CUT.ACIC AS
1*.
2
3S'
35'
30'
30i
3D'
50'
5Q'
3D'
30'
50'
55'
55'
'0'
'0'
50'
50'
50'
so'
50'
3D'
30'
50'
50'
25'
50'
10'
2S'
2.5'
2S'
2S'
- ...
- D
- UO
- UDR
- D
- UD
- UDR
- UD,
_. UOR
- UDR
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UO
UO
UDR
II
O.W
II
CuRD
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DESIGNATED
IIOUSTON,
.
TIIOROU,OIl( ARf S.
WI TIIIH C. TV Of
C[ ROADS.
Ontfft TIIAN
TYPE OF NTERSECTION
DE SIONATED NAJOR
EXPRESS STRfETS
AND fREEWAY'SERV
DIVIDED ROADWAYS
I
U
D
TII
TItAN SINGLE fANILV
w
STREET S
I : ,>>
DENT UL
UD
'.
SlnEEIS.
SIN,GLE U".ILY
CUIIO RETURN
RfQUIRrMENTS rOR
I' .
" " ..,::,~,: !,:,.,.~ ,~.\,'" "CUIIO IIn UR" RADIU S i. :'~
ti':. ':. ;"::;"~'~:"..:~;i ~.~. i';.:..~~. ~:'." '.: ' " 4,: >:. ~ ~:' ~..i :.~.::. .:. i' .~~~ ."r::i.~.lJ
,:'.' .t\..'.'{L:':,,1!.~',,",. ''"" ":".""1' ',"'" ..;".,..,'.:i.;~r.,:,:lifl'~'iI".l'llfj\l~
.... '.' .....:\0,.; '.' of. ......... .." ',. ,. "'. ,.. ,I. ' . .,. ,~,..~" I' .....
,;!:.,.. . ,~,~~ .{~~.t'..~!,~~:i'~t!}.;:..~.;i:~.I~.':it::::;11':;.~:t'if1.;~:.~~r!e~.r~.!r,~ A .
'A ".."'.' "A ".'.....'.':.';';!(....'."A."
IIOADWAY.
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ftESIOEHTI"AL
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CUL-DE-SAC DESIGN FOR STREET TERMINATION
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A
ABVTTING LAND USE
SINGLE ' ALL
. FAMILY OTHER ,
A r4LL WIDTHS ' 60'
B ALL WIDTHS 40'
C (MIN) 0 ,0
C (AlAN) , " 20' 15',
D 42' 50' "
E 60' . . 60'
F' 2" 25'
0 .55' :56' ,
-
.
ALL DIMENSIONS AIEASUREO
IN FEET fo FACE OF CURB
A
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ROADWA Y TAPERS FOR SUBDIVISION STREETS
- .
~tl Ul.IIAIA'E
CURS
. .' .lINE ...
~~I Pl ""NI",UII DIPAR'U"I/ If/.
~ -llL_' APPRe4{H ,.."eR .
AlINI.fICJAI I SEE INsERr"'.4", "i
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IIININU", DC"A'lrllllE.
A'I'.DACN rA'CA
/II. IIINIMIIM I~D' FOil IICSIlIlcrCD .AND
UNlIlsr.,crCII .CSI.V'~ AMD LOCATIONS
WNCII.. At"" '''"11 UI/6 IIAY ...
IICOIIIIIID. . "
Itl. ,IIEDIAM D'CNINfI MAr Nor .." ALLoweD
" I/CDlAII/~ lESS 'HAN ~~o II/ tel/'rll.
ROADWAY, CROSS TAPCR
SEcrlON (FEE') l. . 1!!'
AlA . fO
-- J!..t..L- IFCl'!L-
80 ~O /40
--
...;..! l!- ~lL-. .100
80' 2T 4t!!!
.--
--IlL- 40 214
TO J.!.- .J2~
.60 40 I~O
60 ' IT 140
-- -- --
olD ' <?l...l- ~ CUl,
IMSEllr ".'011 MEDIAN CIIII.
DIIICK REFERENCE GlIlDe
NOTel .
0. APPROACH AND DEPARTURE TAPER REOIIIREIIENT.
t . lU' WHEIIE L · LCNfJrH IN 'CEf
10 S. SPCCD IN M.eN.
w. lATEIIAI. ("'SIr IN 'EET ..,
IIINIMUAI DCSIIII SI'CCD 'DR SUIIDIVISION STRCETS
'.
.J 0 AI. Poll.
14-8
b. .J~'AlINIAlIIAI CENTCRlINE RADIVS FOR "ORIZONrAL
CURve WITH APPROACH OR DCPAII rllR-E . TAPCRS
S.
I,. .
II
..
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A'" __ ... .... ... .. '."... '.'.'oof.,;.,,_".,~.,t.:i'....'~f.,F.,I>;if...,~'.' ...:,'..'.:
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CITY" OF HO~STON ._gn Man~ , ,
, CHAPTER 10 - Street Paving Design Requiremei1ts
..
" Page CHI0/17 ~t'18
, September 1996
2.04 STANDARD PAVING NOTEs FOR DRAWING CAll OUTS
" A. The following notes or phrases are specific to paving improvements and may be
' included in all sets of consttuction dri.wings contJlinir'lg paving improvements.
The plan an,d profile sheets may reference the notes or phrases in the plan view
by note number as listed below: " .
1. Proposed concrete pipe stub with ring grate as shown on Standard Drawing
- "Storm Sewer-Ring Grate for Open End of 18" to 72" RCP Stubs to
, Ditch", at a minimum of 0.5 feet below the existing ditch flow line.
' Realign ditch as directed by, the' Engineer. "
2. Proposed flexible base with 1 ll2-inch Hot Mix Asphaltic Concrete
surfacing. Flexible base shall be 6-inches of Hot Mix Asphaltic Concrete
base course, 8-inches of crushed concrete, or ~-inches of cement stabilized
shell. , , ,
3. ,Proposed sawed joint and expose IS-inches of reinforcing steel. If no
reinforcing steel exists, use horizontal dowels p,er Note No. 11.
4. Proposed esp~de curb. :
5. Proposed standard monolithic curb ,and gutter.
6. Dowel on 6-inch curb after ~haltic surfacing is in pIace, Qr" into existing
concp=te pavement as appli~le.
7." Rac1c "over e~ting manhole to miss proposed curb, if conflict exists. '
Maximum rack. of l-incbper course of brick.
8. Remove and replace sidewalk as directed by.the EngiIieer~"
9. Proposed I-inch board expansion or premolded "non-extruding joint between
walk and curb. "
10. Remove a sufficient'length of concrete pipe, as determined by the Engineer,
anq connect t9 proposed inlet, with reinfor~d concrete pip~ of like
diameter." " " . '"
11. Horizontal dowels shall be No. 6 bars. 24-inches long," drilled and
,embedded 8 inches into the center of the existing slab with "PO ROC" or
equal. Dowels shall be 24 inches, 'center to center, ~ess otherwise
specified.
12. The contractor shall notify the City of Houston, Traffic Signal Division, ten
working days in advance for relocation of existing traffic signal poles.'
13. Adjust existing inlet to fit new grade and alignment.
14. Decrease curb exposure from 6-inches to 2-inches in 1 foot.
15. Decrease curb exposure from 6-inches to 2-inches in 4 feet.
16. Decrease curb exposure from 6-inches to O-inches in 2 feet.
, 17. Propos~ reinforced concrete sideWalk shall be colored black for concrete
roadways and ~olored for asphaltic concre~ roadways.
18. Riprap shall be placed on slopes and ditches as directed by the Engineer.
19. Convert existing inlet or manhole with inlet top to manhole.
20. Remove"existing culvert. . "
21. Remove and replace pipe culvert as directed by the Engineer.
22. Existing structure to be removed. "
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Page CHI0!.I,8 of 18
September 1996
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CHAPTER. 10 - Stteet Paving DesIgn Reqwrements ' '
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23. BreaIc into'bmel ofinoJiolithic reinforced concr,ete storm sewer.. Cost to
be included in the unit price bid for storm sew~ or lead as applicable.
24. Proposed doweled on 12-inch wide mountable curb. ' , ,
,,' 25. Shaded &rea deno~ approximate limits of proposed asphalt overlay.; , '
, 26. Remo:ve existing inlet. Plug and abandon'lead. .
27. Remove' existing cOncrete pavement,' concrete base, and/or, cement
;.,' , stabilized shell base course with or witliout asphalt surfacing.
" 28. .Proposed asphalt Qverlay.', ".
29. Remove inlet and extend lead. '
30. Meet existing curb ,ot curb ,and gutter for grade and alignment.
. 31. Proposed wheelchair ramp~ as shown on Standard Drawing - "Wheelchair
Ramp Dc;taiIs.. ' , "
32. Adjust existing ~:ln~ole frame and cover to fit new grade. ,
33. Remove cUrb or,curb and gutter as appli~ble. .
: 34. Adjust existing water valve boxes to new paving grade. Replace all
' ; 'missing or damaged valve boxes and covers. " ' .
35. Replace Type ~B" inlet with ~ "BB-inlet or TyPe ",C-1 a inlet.
36. ' Remove mountable curb.. .'
37. Proposed pavement markings as shoWn on Standard Drawing "Standard
. '. Pavement Marking" . . ,
38. :Proposed white. plastic markei as s~own on T~c and Transportation
; Drawing "S$dard Elongated Word and Arrow SyIi1bol Design Details for
. Pavement Markings" . : .:
: 39. Proposed plastic marker, as shown on Traffic and Transportation Drawing
"Standard for Left Turn Channelization. "
40. Proposed standard concrete: paving ~der..
END OF CHAPTER.
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City of La Porte
Estuhlis/wd 18,<):1
Memo
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Planning and Zoning Commissioners
Gwen Goodwin, City Planner ark
5/1612002 U ~ U
Mid to High Density Residential Development (Multi-Family regulations)
To:
Fnnn:
On February 11, 2002, City Coundl passed Resolution 2002-20 placing a moratorium on new
construction of mid to high density residential development for the purpose of adopting new regulations.
(The resolution expires on July 11, 2002.) The Planning and Zoning .Commission was asked to
develop these new regulations. To accomplish this goal, a subcommittee of the Commission was
created.
Attached you will find the subcommittee's work: 1) a spreadsheet comparing the current mid to high
density residential development regulations with the proposed changes; and 2) .Issues. sheet. On May
30, 2002, a Public Hearing will be held to discuss these regulations. If you have changes to these
items, please fax them to me by May 21, 2002. Staff will incorporate your changes and mail a packet
to you prior to the Spedal Meeting on May 30, 2002.
The Commission's recommendations will move forward to City Coundl to workshop at the June 10,
2002 meeting and take action at the June 24, 2002 meeting. If you have any questions, please call or
come by the office for more details.
Thanks
P.0.Box1115 . LaPorte,Texas,77572-1115 . 281-471-5020
Screening
(fencing)
not addressed
40'
Fencing & screening must make a
opaque screen btwn MF and SF
Page of2
40'
Fencing & screening must make a opaque screer
btwn MF and SF
Height restrictions
45'
25' to 30' buffer + 10' to 20' screen
Buildings close to R-1 may not exceed 2 stories
3 story buildings must be in center of complex,
Buffers between R-1
& R-3
not addressed
not addressed
Buffering
Floor area ratio
Maximum lot coverage
not addressed
27
n/a I
Max lot coverage cannot exceed
60% (duplexes), 75%
(twnhms/quads), and 60% (MF)
Floor area ratio cannot exceed 40%
not addressed
not addressed
not addressed
.
Tota
units per development
200
180
Multi-family (Apartments)
18
14
Townhomes
to quadraplexes
10
not addressed
7 to 8
Duplexes
8
not addressed
4
to 5
Density
Recommended locations
multi-family (apts)
Distance/Spacing
requirements
(units per acre)
not addressed
not addressed
(See Distance/Spacing requirements)
Complexes w/ 50+ units must be 2.500'
from MF complex of 20+ units,
Complexes w/ 50+ units must be 2.500'
complex of 20+ units
Underwood & north of "H" St; 2) Bay Area
Blvd btwn Fairmont Pkwy & Spencer
from MF
1)
.
Prohibitions
Recommended locations
duplexes, townhomes
quadraplexes
not addressed
(See Distance/Spacing
requirements)
the extension
Pkwy) ,
Canada Rd, (from
Fairmont
not addressed
(See Distance/Spacing requirements)
1)
R-2, R-3, PUD, GC zoning districts
Within these above zoning districts, the following
restrictions apply:
1) No duplexes, townhomes, quadraplexes, or
multi-family units are allowed along South
Broadway
towards
Location
R-2. R-3. PUD. GC zonmg districts
Current regulations
(See Distance/Spacing
Proposed r~guh.1tions
requirements)
Committee's regula_t~ons
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35% (includes landscaping,
buffering/screening. & open space)
(includes landscaping and open
space)
6%
oj
10%
Recreational areas/facilities, grass,
trees, shrubs
Minimum required
Open space/amenities
Types of open
space/amenities
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playgrounds, club house, on site detention
etc.
35% (includes landscaping, buffering & open
space)
Trails, playgrounds, club house, o,n sitel Trails,
detention, etc.
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35%
35%
As unit size increases;soshould amenities/open
sl!ace
35%
35%
Complexes w/3 bedroom units, must
have a children's play area.
35%
200 s9 ft.
500 sq ft.
200 sq ft. per unit (max of 5,400 sq
ft.)
Duplexes (minimum}
Townhomes to quadraplexes
Multi-family (27
units/apts.per acre)
Based on square footage
and/or # of bedrooms
Building Setbacks
20' ~20'
25'
not addressed
20' - 10' - 5'
Duplexes
-20'
20'
25'
not addressed
20' - 10' - 5'
Townhomes to ,guadral!lexes
20' -20'
25'
not addressed
20' -20'
25'
Multi-family (Apartments)
Miscellaneous
ADA spaces should be scattered throughout the
coml!lex; wheel chair ramps should be placed
not addressed
Maneuvering isle's 25',18', 11,
based on 90, 60, 45 degree parking
A~ssibility
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Maneuvering isle must be 25' or greater
Distance between the exterior of garages must b~
25' or greater
not addressed
ntemal circulation
All complexes must have at least 2 points of entrvl
All complexes must have a designated area (In the front) for
school bus pick up/drop off, Area must be accessible,
appropriate, and the correct driveway/road width for school
bus to manuever,
ncrease parking space widths and lengths:
10'x18' and 14'x20'
Parking configuration at senior complexes is
limited to 60 or 45 degree parking.
All MF parking lots must be a min. of 1 0' away
from SF areas. .
not addressed
not addressed
All MF parking lots must be a min. of
10' away from SF areas.
Page 2 of2
9' x 18' and 13' x 20'
Parking configuration 90, 60, or 45
degree p'arking
Parking space widths
Parking lots
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Issues/Ideas requiring addition clarification
Landscaping, butTering, screening
Determine how these phrases are used. Is landscaping the base (10%) that is required?
Are all other requirements (buffering/open space) added to ,the base.
Floor area ratio vs. maximum lot coverage
Currently, the zoning ordinance addressed maximum lot coverage and height. However,
floor area ratio, is not determined.
Examine 2,500' regulation
Determine the impact of imposing the 2,500' distance between each R-2 and R-3 use. '
New MF changes may potentially impact other sections of the zoning ordhiance
Parking (Section 106 -831) - changing the parking sizes will affect all zoning districts.
Landscaping (Section 106-800) - changing landscaping requirements will affect all
zoning districts. Currently, only 6% landscaping is required in all zoning districts.
Screening - (Section 106-835G,k)) - Currently, only parking lots and recreational
centers, and mobile homes are required to screen from residential uses.
Fencing (Section 106-791) - This section must be updated.
Updated or New definitiQns are needed for th~ following:
. Floor area
. Floor area ratio
. Buffer(ing)
. Landscaping
. Screening