HomeMy WebLinkAbout01-20-11 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
Minutes of the Meeting
Planning and Zoning Commission
Minutes of January 20, 2011
Members Present:
Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Lou Ann
Martin, Richard Warren, and David Janda.
Members Absent:
Kirby Linscomb Jr.
Citv Staff Present:
Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark
Askins; Sr. Engineer, Julian Garza; and Planning Assistant, Shannon Green.
Others Present:
1. Call to Order.
Meeting called to order by Chairman Hal Lawler at 6:02 p.m.
2. Administer Oath of Office to Reappointed member Lou Ann Martin (District 5).
Clark Askins, City Attorney, administered the oath to re-appointed member Lou Ann Martin. Lou
Ann Martin is newly appointed to District 5.
3. Consider Approval of the December 16, 2010, regular meeting minutes.
Motion by Dottie Kaminski to approve the regular meeting minutes of December 16, 2010.
Second by Doretta Finch. Motion carried.
Ayes:
Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Lou Ann
Martin, Richard Warren, and David Janda.
None
None
Nays:
Abstain:
4. Open Public Hearing to receive citizen input on Rezone Request #10-92000001 for property
located at 11810 North H Street, further described as TR 239C being a 1.002 acre tract of
land out of Outlot 239 in the La Porte Outlots, recorded in Volume 61, page 374 of the Deed
Records of Harris County, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County,
Texas. Carlos Jimenez and Myrna Resendez, property owners, seek to have this property
rezoned from Large Lot Residential (LL) to General Commercial (GC) for operating a truck
maintenance shop.
Chairman Hal Lawler opened the Public Hearing at 6:29pm.
A. Staff Presentation
Masood Malik, City Planner, gave staff's report.
Nine public hearing notices were mailed to property owners within 200' of the subject
property; Staff received three responses opposed to the request.
B. Proponents
There were none.
C. Opponents
1. George Houth of 11806 North H Street, voiced his concern of his health and real
estate value if the rezone request were granted.
2. Fred Hanzelka of 11803 North H Street, spoke against the rezone request.
3. Charles Jones of 804 North H Street, asked the commission to deny the rezone
request.
D. Proponents Rebuttal
There were none.
Planning and Zoning Commission
Minutes of January 20, 2011
Page 2 of 2
5. Close Public Hearing.
Chairman Hal Lawler closed the public hearing at 6:29pm.
6. Consider Recommendation to City Council regarding Rezone Request #10-92000001 for
property located at 11810 North H Street.
Motion by Les Bird to deny recommendation to City Council for rezone request #10-92000001 for
the property located at 11810 North H Street. Second by Doretta Finch. Motion carried.
Ayes:
Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Lou Ann
Martin, Richard Warren, and David Janda.
None
None
Nays:
Abstain:
7. Consider Major Development Site Plan for proposed redevelopment of Harris County
Landfill Site No.3 located at 901 North Broadway.
Masood Malik, City Planner, gave staff's report.
Commission asked the applicant to address all questions and concerns raised during this
discussion and be prepared to answer additional questions. Provide information about similar
site developed elsewhere. Staff will put together all questions and concerns by the Commission.
After discussion, Commission deferred consideration to the next meeting.
8. Administrative Reports.
Planning Director Tim Tietjens informed the Commission of Steve and Martha Gillett's retirement
party which started at 5:30 at Evelyn Kennedy Center.
9. Commission Comments
Richard Warren and Les Bird thanked the citizens for attending the Planning and Zoning meeting
and being vocal about their personal concerns with in the city of La Porte.
10. Adjourn
Motion by Richard Warren to adjourn. Second by Les Bird. Motion Carried.
Ayes:
Hal Lawler, Les Bird, Dottie Kaminski, Danny Earp, Doretta Finch, Lou Ann
Martin, Richard Warren, and David Janda.
None
None
Nays:
Abstain:
Chairman Hal Lawler adjourned the meeting at 7:32 pm.
Approved on this /1 day of --f.~,)l.011.
~~
Hal Lawler
Chairman Planning and Zoning Commission
DeWalt Alternative School
Special Conditional Use Permit #11-91000001
(Off-Site Parking)
Exhibits
A. Staff Report
B. Draft SCUP
C. Aerial Map
D. Proposed Site Plan
Staff Report
February 17,2011
Off-Site Parking-DeWalt Alt. School
Special Conditional Use Permit
ReQuest:
ReQuested Bv:
ReQuested For:
Present Zonin2:
Land Use Map:
ReQuested Use:
Back!!:round:
Consideration of Special Conditional Use Permit Request
Tim Kunz (VLK Architects) on behalf of LPISD
Approximately 0.05 acre tract of land described as lots 1-7, Block 86, Town
of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County,
Texas. The primary facility is located at 401N. 2nd Street.
Low-Density Residential (R -1 )
Low- Density Residential
The applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of allowing construction of an off-site parking lot for use by existing
DeWalt Alt. School across the street.
Public and private educational institutions are considered 'Conditional Uses'
in R-l zone. In addition, off-site parking is classified as a conditional use per
Section 106-441, Table A, Code of Ordinances (Chapter 106).
DeWalt Elementary was first built in 1953. Over the years, a brick building
at the comer of North 6th and Madison served various purposes for the
school district including the location for Special Assignment Classes (SAC).
In 1991, a change in State Law designated the creation of an alternative
campus, and DeWalt was chosen for this program.
With the passage of a bond election in 1996, a new campus was developed at
the comer of North 2nd Street and Madison for the expanding DeWalt
Alternative School program, thus keeping Viola DeWalt's legacy within the
Northside Neighborhood community.
New campus is operating for several years at this location. Over the past
years, a number of employees and students increased with continued growth
of La Porte and LPISD campuses. Parking has been an issue with excessive
lot coverage of this facility. LPISD owns an additional property across the
street from the school and wish to develop as a parking lot for its
employees and visitors at this facility.
There are numerous times when private vehicles are parked in front of the
existing facility and along the shoulders of N. 2nd Street and West
Madison Street within the public rights-of-way. It is staff s opinion that
appropriate parking shall be provided to keep these vehicles from parking
on the side of the road. Off-site parking will serve as auxiliary parking and
will help to alleviate parking problems associated with this development.
EXHIBIT A
Off-site Parking
DeWalt School
Page 2 of3
Analvsis:
Conclusion/
Recommendations:
The Code of Ordinance Section 106-217 establishes the following review
criteria and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to the use
and enjoyment ofthe 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.
The tract intended for a parking area is across the street from DeWalt
School. Moreover, there is no reasonable location on the existing site and
surrounding area to provide off-site parking.
Section 106-444, Special Use Performance Standards for off-site parking
addresses the following considerations pertaining to the subject use:
. Such off-site parking shall comply with all parking standards stated in
the Code of Ordinances and the Public Improvement Criteria Manual.
. Reasonable access from an off-site parking facility to the use served shall
be provided.
. In addition, off-site parking shall be within 300 feet of the use served.
. Should have good access to secondary and primary streets.
As proposed, a concrete parking lot with 30 spaces shall be constructed at
site. Access from off-site parking to the main building seems reasonable. It
will benefit the area by moving cars off the street into a proper and adequate
parking area. If the special conditional use permit is approved by the City,
the applicant must submit a certified site plan for development of the parking
lot showing access, parking spaces, maneuvering aisles, pedestrian
access/crosswalk and landscaping/screening etc.
This site and the proposed use meet the criteria to satisfy applicable
ordinance requirements. This facility and the proposed use are compatible
with the surrounding properties and should not be injurious to the use,
enjoyment or value of surrounding properties
Staff recommends the approval of Special Conditional Use Permit # with the
following conditions:
1. This Special Conditional Use Permit is specifically for an off-site
parking for DeWalt Alt. School.
2. Off-site parking shall comply with all parking standards.
3. Screening and/or landscaping of parking lot shall be required m
accordance with Section 106-444(a) of the Code of Ordinances.
Off-site Parking
DeWalt School
Page 3 of3
4. All lighting in the parking lot shall be hooded and arranged to
deflect light away from the adjoining residential properties in
compliance with Section l06-521(a) of the Code of Ordinances.
5. The Developer shall comply with all applicable laws and
ordinances of the City and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP.
. Recommend to Council denial of this SCUP.
. Table this item for further consideration by the Commission.
City of La Porte
Special Conditional Use Permit # 11-91000001
This permit is issued to:
Tim Kunz (VLK Architects)
Owner or Agent
227915 FM 1960 West. Ste. 214. Houston. TX 77007
Address
For Development of:
DeWalt Alt. School Parkina Lot (Off-site)
Development Name
416 North 2nd Street. La Porte. TX 77571
Address
Legal Description:
Lots 1-7. Block 86. Town of La Porte
La Porte. Harris County. Texas.
Zoning:
Low-Densitv Residential (R-1)
Use:
Parkina Lot
Permit Conditions:
1. SCU is specifically limited to the off-site parking for DeWalt Alt. School.
2. Off-site parking shall comply with all parking standards.
3. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-
444(a) of the Code of Ordinances.
4. All lighting in the parking lot shall be hooded and arranged to deflect light away from the
adjoining residential properties in compliance with Section 106-521(a).
5. The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
EXHIBIT g
SCUP - DEWALT ALTERNATIVE SCHOOL J
EXHIBll C
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Port Modal Centre
Special Conditional Use Permit #11-91000002
(Office/Warehouse Facility)
Exhibits
A. Staff Report
B. Draft SCUP
C. Aerial Map
D. Proposed Site Plan
Staff Report
Requested by:
Requested for:
Location:
Land Use MaD:
Present Zonin2:
Requested Use:
Back2round:
February 17,2011
Port Modal Centre
Special Conditional Use Permit Request #11-91000002
Clay Development & Construction, on behalf of Port Model Centre, L.P.
Approx. 14 acres being TR 27 of Block 27, TR 28 of Block 28, Nebraska
Syndicate and TR 3, being situated in the Enoch Brinson Survey, Abstract 5
Volume 65, Page 175, H.C.D.R., La Porte, Harris County, Texas.
1400 State Highway 146 North
Commercial Industrial Uses
Planned Unit Development (PUD)
Office Warehouse - rail served
The subject property is located to the east of State Highway 146 frontage
road (formerly 10th Street), west of 8th Street (unimproved right-of-way)
north of 'L' Street (now Harris County Flood Control drainage channel), and
south of Union Pacific Railroad (formerly Southern Pacific). The site is
located closely to the Barbour's Cut Terminal and Bayport Expansion
Terminal, two primary container terminals for the Port of Houston Authority
(POHA) in the southeast Harris County. In addition, the property is within
the vicinity of commercial and industrial facilities in the area near upper
Galveston Bay.
Previous Harris County Appraisal District records show the property in
question as a Mobile Home Park since 1950. On January 26, 1987, as part of
the comprehensive rezoning of La Porte (Ordinance 1501), the subject
property shows zoning as Business Industrial (BI). Mobile Home Park, a
residential activity is prohibited in an industrial district per City's Code of
Ordinances. Therefore, Oak Park mobile/trailer park was considered to be a
pre-existing and non-conforming use.
For future development, staff discussed the following options:
. Pre-existing and non-conforming use
. Non motor freight transportation & warehousing
. Rezoning
The owners of the trailer park chose an option of rezoning to provide for
future warehouse facility at the subject site. The development in the
business/industrial park district is limited to administrative, wholesaling,
manufacturing, and related compatible uses, with suitable open spaces,
landscaping, and parking areas".
mflBrt A
#11-91000002
P&Z2/17/11
Page 2 of 4
Analvsis:
The option of rezoning related to the owner's desire to provide future rail
service to a proposed motor freight warehouse. As per Section 106-521,
Table A, industrial uses, "Railroad Transportation is permitted in Heavy
Industrial (HI) zoning district". However, the applicant has pursued this
option of rezoning to Planned Unit Development (PUD). City Council, at
their April 27, 2009, meeting, approved recommendation of the Planning and
Zoning Commission to rezone the property from Business Industrial (BI) to
Planned Unit Development (PUD).
Current owner is proposing a rail-served office warehouse facility consisting
of 300,000 sq. ft. Truck parking is proposed within the west side of the
property near the frontage road of SH 146 North with an outside storage
behind the building to the east. Additional rail spurs are also being proposed
adjacent to Union Pacific Railroad (100' ROW) to the north ofthe facility.
In addition to performance standards, there are a number of development
standards that are specified by the Zoning Ordinance. These standards are
applicable to all P.D.D. developments. Section 106-659 of the Code of
Ordinances establishes the following criteria for review of the development
projects within a P.U.D. zoning district:
Land Use - One of the objectives of the land use element of the City's
Comprehensive Plan is to achieve orderly, contiguous development that is
compatible with adjacent land parcels and consistent with the zoning.
The City's Land Use Plan indicates this area developing with commercial
industrial uses. Conformance of the land use plan is one consideration
among several criteria to be considered in approving or denying a
conditional use permit.
Transportation - The property in question has approximately 1000 feet of
frontage along the State Highway 146 North feeder road, which should
accommodate traffic generated by future development. Two pints of access
along frontage road should help prevent traffic delays and disperse the
impact of additional traffic on the roadways. In addition, railroad
transportation will be available to this facility to the north.
Highway Corridor Standards - One of the goals of the Comprehensive
Plan is to include consideration of landscaping, additional setbacks, visual
attractiveness and the preservation of green spaces along the major highway
corridors. The subject property is located near the entrance gateway to La
Porte. Future development in this area should enhance the entrance corridor
to the City to establish a regional identity.
#11-91000002
P&Z2/l7/l1
Page 3 of 4
Conclusion/
Recommendation:
Special Use Performance Standards - Exterior building design standards
of 100% masonry/glass products shall be applicable to proposed project
along major thoroughfare. With a Planned UniCDevelopment district,
stringent building setbacks, lot coverage, and facade requirements will have
positive aesthetic impacts at the entrance corridor to La Porte. Having said
parameters in place, proposed development will not negatively impact the
corridor enhancement plans for State Highway 225 and State Highway 146.
Utilities, Drainage, & 8th Street Abandonment - Currently, the site has
sufficient water and sewer facilities to serve this development. It will be the
applicant's responsibility to provide any structures or improvements
necessary to accommodate increased demand of water and sanitary sewer for
proposed development.
Abandonment of underlying utilities is an issue which needs to be resolved.
A survey/plan does not show all the City easement that goes thru the subject
tract and north past the railroad and eventually across State Highway 146.
However, the proposed layout should cover this easement and utility lines.
Storm water management and Drainage are potential issues, which should be
carefully reviewed with a site development plan. The subject site abuts FI0l
channel to the east and south.
It appears that the City and the current buyer have a different opinion as to
which part of 8th Street was closed in 1938. It has been repeated as closed on
several documents that which tract was condemned by HCFCD. Issues of
conflicting opinion on what was closed and how to appraise and
closing/abandonment of underlying utilities need to be resolved.
Staff feels that this project represents a significant impact to economic
development within the City of La Porte. Based on the above analysis, staff
recommends approval of the general plan and the Special Conditional Use
Permit with the following conditions:
1. This SCUP outlines in general terms the proposed Planned Unit
Development. The developer recognizes and understands that any
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.
2. Said submittals for this development shall be in accordance with this
SCUP, General Plan, ordinances and policies of the City of La Porte.
3. Land uses will be strictly commercial/industrial in nature. A further
refinement of industrial activity shall be approved by the City.
4. Zoning permit shall be required from the City for proposed use/activity
at site.
#11-91000002
P &Z 2/1 7/11
Page 4 of 4
5. The applicant shall ensure that the truck circulation does not cause
congestion on the streets, and proper signage shall be installed to
control vehicles turning along SH 146.
6. Fire truck access, fire suppression requirements, and fire hydrant
placement shall be specified on the plans.
7. A rail access, spur design, and UPRR approval shall be required.
8. Proposed development shall be screened and landscaped in compliance
with required screening and landscaping provisions of the zoning
ordinance of the City. A site plan and/or separate plans shall be
submitted in conjunction with the building permit application and
ensure that tall trees are planted along frontage road of SH 146 and
along south property line to provide screening, which will add to a
positive aesthetic environment at the entrance corridor.
9. Provide detailed landscape and screening plans during site plan
submittal. Allow existing trees to remain at site.
10. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
11. Provide a public utility easement for future water main along north
property line adjacent to existing railroad, to be connected with public
water for fire suppression.
12. Submit design for on & off-site utilities with capacities.
13. Stacking of shipping containers at the facility shall not be allowed.
14. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
· Continue the public hearing at the Commission's next regular meeting to
allow additional testimony and further study of this item. This results in
tabling any action on this item.
This permit is issued to:
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
City of La Porte
Special Conditional Use Permit #11-91000002
Clay Development & Construction. Inc.
Owner or Agent
95599 San Felipe. Suite 1440. Houston TX 77056
Address
Port Modal Centre
Development Name
1400 State Hiohway 146 North. La Porte. TX 77571
Address
14.8252 acre tract of land. Johnson Hunter Survey. Abstract 35 &
Enoch Brinson Survey. A-5. La Porte. Harris County. Texas.
Planned Unit Development (PUD)
Office/Warehouse Facility
1. This SCUP outlines in general terms the proposed Planned Unit Development. The
developer recognizes and understands that any 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.
2. Said submittals for this development shall be in accordance with this SCUP,
General Plan, ordinances and policies of the City of La Porte.
3. Land uses will be strictly commercial/industrial in nature. A further refinement of
industrial activity shall be approved by the City.
4. Zoning permit shall be required from the City for proposed use/activity at site.
5. The applicant shall ensure that the truck circulation does not cause congestion on
the streets, and proper signage shall be installed to control vehicles turning along
SH 146.
6. Fire truck access, fire suppression requirements, and fire hydrant placement shall
be specified on the plans.
7. A rail access, spur design, and UPRR approval shall be required.
8. Proposed development shall be screened and landscaped in compliance with
required screening and landscaping provisions of the zoning ordinance of the City.
A site plan and/or separate plans shall be submitted in conjunction with the building
permit application and ensure that tall trees are planted along frontage road of SH
146 and along south property line to provide screening, which will add to a positive
aesthetic environment at the entrance corridor.
9. Provide detailed landscape and screening plans during site plan submittal. Allow
existing trees to remain at site.
10. Provide an irrigation system to ensure that all landscaping and screening is
properly maintained by the owner/developer.
11. Provide a public utility easement for future water main along north property line
adjacent to existing railroad, to be connected with public water for fire suppression.
12. Submit design for on & off-site utilities with capacities.
13. Stacking of shipping containers at the facility shall not be allowed.
14. The Developer shall comply with all other applicable laws and ordinances of the
City of La Porte and the State of Texas.
EXHIBIT q
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescin.ded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
.,
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SCUP - PORT MODAL CENTRE
EXHIBIT C
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Rezone Request
#11-92000001
Landfill Site #3@ 901 North Broadway
Exhibits
A. Staff Report
B. Draft SCUP
C. Aerial/Zoning Map
Staff Report
February 17,2011
Rezone Request #11-92000001
Landfill Site #3
Requested by: La Porte Real Property, LLC
c/o Brian Bommer
Requested for: 47.709 acre (2,078,202 sq. ft.) tract of land situated in the Johnson Hunter
Survey, Abstract No. 35, Harris County, Texas, containing all of Outlots
10 and 11, and Blocks 373, 374, and 376 in La Porte, Texas, a subdivision
according to the map or plat thereof recorded in Volume 83, Page 345 of
the Deed Records of Harris County, Texas, all of Blocks 377, 378, 379,
and 380 in the subdivision of Outlot 9 of the Nebraska Syndicate Tract, a
subdivision according to the map or plat thereof recorded in Volume 458,
Page 331 of the Deed Records of Harris County, Texas.
Location: 901 N. Broadway
Present Zonin!!:: Light Industrial (Ll) & Heavy Industrial (HI)
Requested Zonin!!:: Planned Unit Development (PUD)
Land Use Plan: Industrial
Back2round: The subject property is located at the northwest of West Barbours Cut
Boulevard and North Broadway. The City of La Porte limit lines run parallel
to the property lines to the east along North Broadway. The main access to
the property is along North Broadway.
The company owns all of blocks 373, 374, 376 thru 380, and Outlots 10
&11. However, 16' wide public alleys in blocks 373, 374, and 376
(unimproved ROW) need to be closed or purchased from the City through
the street and alley closing process by ordinances.
The Industrial zoning designation of the property was assigned when the
City adopted the current Zoning Ordinance. Shipping container facilities are
located on the east, north and south of the said property along Barbours Cut
Boulevard. Other logistics capabilities and services in the surrounding area
are listed as under:
. Warehousing
. Rail yard
. Packaging
. Trucking
EXHIBIT A
Landfill Site #3
Page 2 of5
Analvsis:
In the vicinity, there is a modem intermodal facility on the U.S.
Gulf, Barbours Cut Container Terminal, which was designed for
vessel productivity and project cargo. The terminal is located at the
mouth of Galveston Bay and is three and one half hours' sailing
time from the Gulf of Mexico.
The Modem Group serves a broad variety of industries including oil and gas,
agriculture, power generation, storage, and transportation.
Since 1963 Dragon has dedicated its manufacturing to continually improving
the Dragon products design, equipment, and project support. The Modem
Group provides extensive selection of durable equipments from a broad
range of severe-duty applications including well servicing, bulk storage,
liquid and solids hauling and variety of pumping and mud solutions. Other
services are as follows:
. Dragon - rigs, tanks, pumps, trailers, containers, roll-off equipments.
. Modem Ag - ag parts, live haul, attachments.
. Tiger - offshore, industrial safety, blast resistant building.
. Dragon Wind - wind tower manufacturing.
. Ranco Trailers - new lightweight, end dump trailers
The requested zone change will provide for the proposed development as an
integrated coordinated unit as opposed to traditional parcel-by-parcel and
unplanned approach to development. In considering this request, Staff
reviewed the following Comprehensive Plan elements: Land Use,
Transportation Thoroughfare System, Utility Infrastructure, and
Beautification plans. The specific issues considered are as follows:
Land Use - Conformance of a zoning request with the Land Use Plan is one
consideration among several criteria to be considered when approving or
denying an application. Other criteria may include:
· Character of the surrounding and adjacent areas;
· Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
· Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
· Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
Landfill Site #3
Page 3 of5
. Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
. Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
. The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
None of the above criteria present any concerns over the proposed change in
zoning designation. Based on the siting criteria noted above, the tract in
question is suited for the requested PUD zone. The City's Comprehensive
Plan addresses a need to achieve growth through a deliberate planning
process to encourage sustainable development within the existing City limits
and particularly the existing service area of municipal infrastructure. In
general, high intensity uses should be adjacent to each other and intensity of
land use and zoning should relate to the thoroughfare system classification.
The zoning regulations and districts as herein established have been made in
accordance with a Comprehensive Plan for the purpose of promoting health,
safety, morals, and general welfare of the City.
Transportation - Being located along North Broadway near Barbour's Cut
Boulevard, a primary arterial road and major truck route, provides adequate
accessibility for circulation of truck traffic. Secondary access will be along
North ']' Street at State Highway 146. There should be limited impact on
traffic flow within the vicinity even after full implementation of the project
site.
The private access drive and outside yard areas should be designed and
constructed in conformance with the City's Standard Specs. Since trucking
trailer/container movement is the primary function of the facility, access
management and circulation should be the top priority. Driveways
connecting directly onto the roadway should be minimized to avoid traffic
congestion and other delays caused by turning movements for the eighteen
wheelers entering and existing the facility.
Utilities - Public facilities and services are sufficient to handle the supply of
potable water and fire protection in the area. In addition, provisions will
have to be made to ensure that sufficient utility extensions are made to serve
this project. Storm water drainage will require on-site detention to mitigate
any adverse impacts associated with this development.
Landscaping and/or Screening - Landscaping is required per the current
zoning ordinance. Approval of landscaping/screening is among conditions of
the Special Conditional Use Permit for the proposed project. Enhanced
Landfill Site #3
Page 4 of5
Conclusion:
height landscaping shall be located along North 8th Street and approximately
400' east along North J & H Streets from an intersection with 8th Street. In
addition, the landscaping shall be required along portion of property frontage
along North Broadway per ordinance. The property owner could leave in
place existing trees, natural vegetation, underbrush, etc. to provide a
thorough, continuous and effective visual screening elsewhere.
However, the requested zone (PUD) provides flexibilities and variances in
this regard. The required screening would count toward the minimum
landscaping requirement.
Street & Alley ClosinglReplatting - The applicant has petitioned the City
to vacate, abandon, and close the alleys in Blocks 373, 374, and 376, Town
of La Porte. The purpose of this request is to consolidate parcels into a single
tract. As the process continues, if passed and approved by City Council, the
owner/applicant will need to replat the whole property.
Based on the above analysis, staff finds the requested change is compatible
with the zoning and uses of nearby properties. The tract in question is
suitable for the requested change to PUD. Development within the subject
tract should not negatively impact the surrounding properties and should not
harm the value of nearby properties. It would not have a significant impact
on traffic conditions in the area and utilities would not be affected.
In reviewing this request the Commission should consider the following:
. There was no apparent error in assigning the present zoning
designation to the tract in question.
· The applicant's requested zoning provides some flexibility for the
developer while at the same time allowing the City to review specific
uses subject to Special Conditional Use Permit and site layouts at the
various stages of the development.
Section 106-637 of the Code of Ordinances sets procedure for establishing a
Planned Unit Development and subsequent review for a Special Conditional
Use Permit.
A Planned Unit Development (PUD) zone would be considered for allowing
industrial use of this nature followed by provisions as applicable in the
Special Conditional Use Permit (SCUP) attached to this project.
Staff recommends approval of the rezone request with an understanding that
proposed development shall be in compliance with the SCUP approved by
the City.
Landfill Site #3
Page 5 of5
Options available to the Commission are:
. Recommend to Council approval of this rezoning request from LI,
HI to PUD.
. Recommend to Council denial of this rezoning request from LI,
HI, to PUD.
. Table this item for further consideration by the Commission.
City of La Porte
Special Conditional Use Permit
This permit is issued to:
Brian Bommer c/o La Porte Real Property. LLC.
Owner or Agent
1655 Louisiana. Beaumont. TX 77701
Address
For Development of:
Harris County Landfill Site NO.3
Development Name
901 North Broadwav. La Porte. TX 77571
Address
Legal Description:
47.709 acre (2.078.202 sa.ft.) tract of land situated in the Johnson Hunter
Survey. Abstract No. 35. Harris County. Texas. containina all of Outlots 10 and
11. and Blocks 373. 374. and 376 in La Porte. Texas. a subdivision accordina
to the map or plat thereof recorded in Volume 83. Paae 345 of the Deed
Records of Harris County. Texas. all of Blocks 377. 378. 379. and 380 in the
subdivision of Outlot 9 of the Nebraska Syndicate Tract. a subdivision
according to the map or plat thereof recorded in Volume 458. Paae 331 of the
Deed Records of Harris County. Texas.
Zoning:
Planned Unit Development (PUD)
Use:
Truck/trailer Parkina. Container/Chassis Yard
Permit Conditions:
1. This SCUP outlines in general terms the proposed Planned Unit Development. The developer
recognizes and understands that any future construction or development anticipated by this
SCUP and the approved plan shall require further submittal and approval of plats, site plans,
construction drawings etc.
2. Plan submittals shall be in accordance with this SCUP, ordinances and policies of the City of La
Porte and specifically Section 106-216 & 217 of the Zoning Ordinance.
3. No modifications at site shall be permitted until approved by TCEQ.
4. Stacking of shipping containers shall be permitted in accordance with Ordinance 1501-11.
5. Developer will work with the City to address alley closing process. On successful completion,
the property shall be formally replatted followed by the development site plan.
6. Storm water drainage will require on-site detention to mitigate any adverse impact associated
with this development. North 8th Street will be graded from discharge point to move the flow to
the north into F101 Channel.
7. A statement from the owner/developer specifying clear responsibility for maintenance of
detention system (north & south ponds including channel/ditch shall be noted on the site plan.
8. The owner or developer shall develop a planting plan that includes Eucalyptus trees and
creates a continuous visual screen. Trees shall be planted along North 8th Street and 400 feet
along J & H Streets from an intersection with North 8th Street. Landscaping along North
Broadway is also required in accordance with the City ordinance.
9. An application of geotech surfacing shall be applicable per manufacturer's specification.
Owner/developer shall provide proof to the City for on-site applications.
10. Provide the City a letter stating responsibility for the maintenance of the Landfill Site.
11. The owner/developer must secure a maintenance bond according to the City's Ordinances,
seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve
fund mechanism" that establishes an account for the sole purpose of maintenance of the
Landfill Site for the lifetime of the project.
12. This permit does not become valid until a Development Site Plan is submitted to the City;
reviewed and approved in accordance with the requirements of the Development Ordinance
and this Special Conditional Use Permit.
13. The developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
EXH1B1T B
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of
La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
REZONE - LANDFILL SITE #3
EXI-HS1T C
Landfill Site #3
@
901 North Broadway
Major Development Site Plan
Exhibits
A. Cover Sheet/Summary
B. Questions/Responses
C. Environmental Agreement
D. Deed of Trust
E. Staff Report
F. Plan Review Letter
G. Letter from TCEQ
H. Area Map
I. Proposed Site Plan
Landfill Site #3
(Redevlopment)
Planning and Zoning Commission
February 17, 2011
Item: Major Development Site Plan
Action Taken: Item was tabled at the January 20, 2011, meeting
REQUEST:
Consider approval of a Major Development Site Plan for redevelopment of Landfill Site #3.
APPLICANT/OWNER: La Porte Real Property, LLC.
GENERAL LOCATION:
One block north of Barbour's Cut Boulevard between North Broadway and North 8th Street.
LEGAL DESCRIPTION:
47.709 acres of land located in the Johnson Hunter Survey, Abstract No. 35, La Porte, Harris
County, Texas.
EXISTING ZONING: Light Industrial (L1) & Heavy Industrial (HI)
ANALYSIS:
At the January 20, 2011, meeting, staff presented for consideration, a major development site
plan for the redevelopment of Landfill Site NO.3 located at 901 North Broadway. Several
questions/concerns were raised during this discussion. In addition, there was a lack of
information and insufficient material submitted by the applicant in support of proposed project.
Therefore, Commission tabled the item and directed staff and applicant to look into the matter
and furnish information relevant to the development of landfill site of similar nature.
Staff forwarded Commissioner's questions/concerns (copy attached) to the applicant for timely
response. The consultant's response in this regard is attached for your review or consideration.
RECOMMENDATION:
Upon final review by the Planning and Zoning Commission, staff recommends approval of the
plan.
ATTACHMENTS:
Commission's questions/concerns
Consultant's response
Staff Report for MDSP
Landfill Site #3
February 17, 2011 P&Z Meeting
Page 1 of 1
EXHIBll ~
RE: Landfill Site Concerns
1. Have an actual engineered stamped plan for the surface of the proposed site to be sure
they take into account the weight of the forklifts (or whatever piece of equipment they
will be moving the containers with) along with the weight of the containers on the
forklift while it is moving to be sure the ground doesn't deflect creating cracks and
voids in the substrate. A core soil sample would be needed to provide the above
document.
2. How high the top containers will actually be in relationship to the surrounding grade,
not the top ofthe landfill. The surrounding ground level is ~20 feet above sea level,
the highest point on the landfill once surfaced is ~36 feet. Assuming containers are
stacked four high (as per HI designation allowance) the height above ground level
of the top container could reach fifty (50) feet.
3. There are several varieties of Eucalyptus trees, which one is being proposed as a border.
If the type proposed is the tall skinny trees without much lower limbs, then a proposal
for a lower brush to accompany the trees may be in order. In working with Dr.
Jefferey Wright from Charleston, SC, (he is a professor and consultant to the
lumber industry) he is recommending that we use the speci called E benthamii. It
has been grown in Florida and SE Texas quite successfully. Tree grows
approximately 5-8 feet in the first year and then an additional 6-9 feet each year
thereafter. In the Houston region, Dr. Wright believes they will be 60 feet tall in
five years. Tree spacing is every 10 feet with a row width of 5 feet. Plan is to plant
two rows so that visible tree spacing is five 5 feet from highway 146.
4. Are they planning on installing a screen perimeter fence? If so, how high? No
screening fence is planned
5. Will there be a setback from the edge of the property in case the stacked containers
should fall over then they would not fall past their property line? Given the design of
the sloped sides of the landfill cap, there is a minimum of fifty (50) feet from the
finished working surface on top of the landfill to the property boundary. The
average distance from the working surface on top of the landfill to the property
boundary is typically 75 feet or greater.
6. What kind of lighting is proposed for the site and how will it affect the surrounding
community / businesses? The facility will be a daylight operation, no lighting is
proposed.
7. Where will the water outfall from the detention area be channeled?
8. A properly prepared, engineered, site plan with the entire plan should be in order
including trees, lighting, surfacing, fencing, access, etc.
9. How many applications of the Enviro Guard surfacing does it normally take to really
minimize dusting and / or on what frequency do they have planned to apply this
material? Initially the surface will be built up by applying 3-4 coating layers. Based
upon the experience of APM (Mersk) at the Barbours Cut Container Terminal,
their experience shows a re-application rate of once every three months (4 times a
year).
10. Provide information and references for similar sites developed elsewhere.
11. Furnish documents/covenants accepting responsibility for its maintenance. In
acquiring the property from Harris County the buyer was contractually bound in
EXHIBIT B
the purchase contract to execute a Deed of Trust to Secure Performance, naming
Harris County as the Beneficiary. In addition, a standing letter of credit and
Environmental Agreement were required to complete the transaction. The
Environmental Agreement set out the responsibility of maintaining the property
by the buyer, and the standing letter of credit issued to Harris County was to
provide financial assurance in the event of default on the part of the buyer to
properly maintain the property. A copy of both documents will be scanned and
forwarded to the Planning Department.
ENVIRONMENTAL AGREEMENT
Effective date of this Agreement: April 9, 2007
Seller:
Address:
Harris County, Texas, a political subdivision of the State of Texas ("Harris Countyll)
1001 Preston, Suite 911
Houston, Texas 77002
Buyer: La Porte Real Property, LLC, a Texas limited liability company ("Buyer")
Buyer's Address: 1655 Louisiana, Beaumont, Texas 77701
Real Property:
Being a 47.709 acre (2,078,202 square foot) tract ofland situated in the Johnson Hunter Survey,
Abstract No. 35, in Harris County, Texas, more particularly described on Exhibit labeled
"Property Description" attached hereto and made a part hereof for all purposes (the "Property").
RECITALS
By Special Warranty Deed (the "Deed") dated April 9, 2007 and filed for record in the
Official Public Records of Harris County, Texas under County Clerk's File Number
20070209973, Harris County has sold and Buyer has purchased the Property which was formerly
used as a landfill. This Agreement is being executed to set forth Buyer's additional obligations
with respect to the use and operation of the Property. Buyer acknowledges and agrees that the
conditions set forth in this Agreement were material factors in the decision of Harris County to
sell the Property and in the determination of the amount of the dollar sum which Buyer agreed to
pay for the Property.
In connection with the purchase of the Property and to provide certain additional
financial assurance to Harris County in respect of Buyer's performance of this Agreement, Buyer
has executed in favor of Harris County that certain Deed of Trust to Secure Performance dated
April 9, 2007 and filed for record in the Official Public Records of Harris County, Texas under
County Clerk's File Number 20070209974 (herein, as from time to time amended, supplemented
or restated, the "Deed of Trust").
AGREEMENT
For good and valuable consideration including Harris County's agreement to convey the
Property to Buyer, the parties agree as follows:
1. Buyer will within six (6) months from the date of this Agreement complete a
comprehensive evaluation of the environmental condition of the Property. Such comprehensive
evaluation shall at a minimum include an investigation and written evaluation by an
environmental professional to identify conditions on the Property which must be addressed to
Environmental Agreement
EXHIBIT C
bring the Property into compliance with all applicable Texas Commission on Environmental
Quality (nTCEon) standards and all applicable federal, state and local regulations and laws
pertaining to health or the environment, including, without limitation, 30 Tex. Admin. Code ~
330, et. seq. as amended from time to time, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 as amended from time to time (nCERCLAn), the
Resource Conservation and Recovery Act of 1976, as amended from time to time ("RCRAn), the
Texas Water Code, as amended from time to time, and the Texas Solid Waste Disposal Act, as
amended from time to time (collectively, the "Applicable Laws). Buyer will within nine (9)
months after the date of this Agreement prepare and submit to TCEQ, with a copy to Harris
County, a comprehensive plan (the "DevelopmentIRemediation Plan") describing the measures
necessary to remediate the conditions and bring the Property in compliance with all Applicable
Laws. The Development/Remediation Plan will establish a timetable to bring the Property into
compliance within a reasonable period of time and will establish a date for substantial
completion. A draft of the DevelopmentlRemediation Plan will be submitted to Harris County
ten (10 ) business days before the final document is submitted to the TCEQ, and during such
time Harris County may provide comments to Buyer.
2. Following submission of the Development/Remediation Plan to TCEQ, Buyer
will use reasonable diligence and will otherwise take such action as may be reasonably practical
in order to obtain TCEQ's approval of the Development/Remediation Plan. Harris County shall
provide any comments it may have with respect to the Development/Remediation Plan to both
Buyer and the TCEQ. Buyer will provide a copy of all correspondence with the TCEQ regarding
the Deve1opmentlRemediation Plan to Harris County. Buyer will provide advance notice to
Harris County of any meetings with TCEQ regarding the Development/Remediation Plan. The
Development/Remediation Plan, as so submitted to TCEQ, may contain such modifications as
specified by TCEQ for compliance with Applicable Laws or to address comments of Harris
County, and if, as and when approved by TCEQ, such DevelopmentIRemediation Plan, as it may
have been amended or modified, shall constitute the "Approved DevelopmentlRemediation
Plan",
3. Buyer shall prepare an estimate of the cost of the improvements, together with all
other related costs and expenses, professional fees and construction management fees, required
to implement the Approved Development/Remediation Plan (the "Cost Estimate"). Buyer shall
review and update the Cost Estimate on an annual basis to reflect the work completed and the
work remaining in the implementation of the Approved Development/Remediation Plan.
4. Based on the initial Cost Estimate, Buyer will proceed with the work delineated in
the Approved DevelopmentlRemediation Plan in an effort to cause the Property to be brought
into compliance with the Applicable Laws. Buyer will diligently prosecute the work specified in
the Approved Deve1opmentlRemediation Plan so as to bring the Property into compliance in
accordance with the established timetable and will endeavor to achieve substantial completion on
or before the date established for substantial completion as specified in the Approved
Development/Remediation Plan. As used herein, "substantial completion" means when Buyer
shall have delivered all of the following to Harris County: (a) if applicable, a report or
certification from TCEQ acknowledging completion of the Approved Development/Remediation
Plan, (b) if applicable, a certificate of occupancy from any local governmental authority which
Environmental Agreement
2
issued a building permit, and (c) a certificate of completion from Buyer and its consulting
engineer or other firm engaged to perform the work specified in the Approved
Development/Remediation Plan, to the effect that construction of any improvements and the
work has been completed in accordance with the Approved Development/Remediation Plan and
all Applicable Laws.
5. Buyer will maintain such engineering controls on the Property as may he required
by TCEQ and/or the Approved Development/Remediation Plan.
6. Buyer covenants, represents and warrants that Buyer's intended occupancy,
operation and use of the Property will be in compliance and will not violate any Applicable
Laws.
7. Buyer covenants, represents and warrants that the use, operation and occupancy
of the Property will comply with the restrictive covenants (herein, as from time to time amended,
supplemented or restated, called the "Restrictive Covenants") set forth in the Deed, reference to
which is hereby made for all purposes.
8. Buyer will establish and maintain at an address in Harris County, or at such other
location acceptable to Harris County, a complete set of books, accounts, records, plans, test
results and files concerning the Approved DevelopmentfRemediation Plan. During normal
business hours and upon at least one (1) business day advance written notice, Harris County and
its auditors, accountants, engineers and other representatives shall have the right to examine,
review, audit and, at its expense, copy such books, records and test results of Buyer as Harris
County deems reasonably necessary for Harris County to ascertain that Buyer is in compliance
with the term of this Agreement.
9. In order to assure (i) preparation and submission of the Development/Remediation
Plan, (ii) implementation of the Approved Development/Remediation Plan, (iii) payment of costs
and expenses reflected. in the Cost Estimate, (iv) any post closure care specified in the Approved
Development/Remediation Plan, and (v) Buyer's compliance with the Restrictive Covenants and
the terms and conditions of this Agreement, Buyer and any subsequent owner of the Property
shall at all times maintain an irrevocable standby letter of credit (the "Letter of Credit") issued in
favor of Harris County. The Letter of Credit will be issued by a bank acceptable to Harris
County. The bank must have deposits insured by the Federal Deposit Insurance Corporation and
must maintain a banking house in Harris County, Texas. The Letter of Credit will have a stated
amount of no less than One Million Dollars ($1 million U.S.) and contain an automatic renewal
provision. The Letter of Credit will provide that the bank will pay to Harris County upon
presentment of an Order issued by the Commissioners Court of Harris County declaring the
amount to be drawn and a statement to the effect that Buyer has defaulted under the terms of the
Deed, the Restrictive Covenants and/or the Environmental Agreement. The bank shall not be
required or entitled to inquire as to the accuracy of the matters recited in the written directive and
must accept a certified copy of such order issued by the County Clerk of Harris County, Texas as
conclusive evidence of such directive and its accuracy. The obligation of the bank under the
Letter of Credit shall be the individual obligation of the bank, and may not be contingent upon
reimbursement by any third party with respect thereto. Harris County shall not be obligated to
Environrnentali\greeD1ent
3
seek damages from Buyer or otherwise exercise any remedies it may have with respect to the
property and the bank shall have no right of offset with respect to any sums that Harris County
may otherwise collect from Buyer.
Upon substantial completion and provided that Harris County is satisfied in its discretion
that its liability in respect of the Applicable Laws pertaining to the Property have been addressed.
and resolved in all material respects, then Harris County shall permit the stated amount of the
Letter of Credit to be reduced to such amount as Harris County determines to be reasonable to
assure the performance of Buyer's remaining obligations under this Agreement and the Approved
DevelopmentJRemediation Plan. Harris County, may at its discretion, approve a different
financial assurance mechanism proposed by Buyer which provides adequate security for the
performance of Buyer's remaining obligations under this Agreement and the Approved
Development/Remediation Plan.
10.
Defaultn):
Any of the following shall constitute an event of default (each an nEvent of
(a) The failure of Buyer to prepare the DevelopmentJRemediation Plan within the
time period specified in Paragraph 1;
(b) The failure by Buyer to redevelop, construct and improve the Property in
accordance with the Approved Development/Remediation Plan;
(c) The failure by Buyer to cure any notice of violation of which TCEQ shall
have notified Harris County and/or Buyer, and such failure continues beyond any cure or
grace period specified in any such notice; or
(d) The failure by Buyer to perform, keep or fulfill any of the other covenants,
undertakings, obligations or conditions set forth in this Agreement, the Deed or the Deed
of Trust.
If an Event of Default occurs Harris County will before exercising any of its remedies
under this Agreement, the Deed or the Deed of Trust first give notice of such Event of Default to
Buyer and Buyer will have thirty (30) days after written notice to cure the default, provided
however if an Event of Default occurs which Harris County determines to constitute a serious
immediate threat to the environment or the health and safety of individuals then Harris County
may take such actions as it determines to be necessary to abate such threat and the reasonable
and necessary cost of such remedial actions shall be paid by Buyer to Harris County upon
demand. Harris County may in its discretion grant Buyer additional periods of time to cure a
non-monetary Event of Default if the County determines that Buyer has with all reasonable
diligence taken action to cure such non-monetary Event of Default within the 30 day period and
that an additional period of time is reasonable and necessary.
11. If any Event of Default occurs and is continuing after any applicable notice and
grace or cure period, Harris County will have, in addition to any and all other rights, remedies
and recourses available to it at law or in equity, which may be exercised cumulatively, including
EnvrrorunenmlA~eement
4
specifically, but without limitation, (a) the right to draw on the Letter of Credit and to cause such
funds to be used to pay, settle or compromise all existing bills and claims which are or may be
included in the Cost Estimates and/or to apply such funds to any damages suffered by Harris
County as a result of such Event of Default (including but not limited to fines, penalties, out of
pocket expenses, expert witness fees and attorney's fees), (b) to perform or attempt to perform
any unperformed covenant or agreement of Buyer in the Approved DevelopmentJRemediation
Plan or (c) to foreclose the lien of the Deed of Trust securing the performance of Buyer's
obligations under this Agreement. Should Harris County draw on the Letter of Credit, upon
written request of Buyer, Harris County shall provide to Buyer within sixty (60) days of such
request a report in reasonable detail showing the amount of monetary damages incurred by
Harris County or reasonably anticipated to be incurred by Harris County as a result of such Event
of Default. If the proceeds of the Letter of Credit exceed the amount of actual monetary
damages suffered by Harris County as a result of such Event of Default, the excess shall be
delivered to Buyer at the time that Harris County determines that it will have no further liability
as a result of such Event of Default.
Initials:
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For Buyer
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For Buyer
EnvrromnenmlAgreemem
12, BUYER COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, HARRIS
COUNTY AND ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS AGREEMENT AND/OR THE
OPERATIONS AND ACTIVITIES OF BUYER DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES OF BUYER OR HARRIS COUNTY.
13. BUYER HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY OF HARRIS COUNTY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT
OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS AGREEMENT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF BUYER
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OF BUYER OR HARRIS
COUNTY.
5
Initials:
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Fof Buyer
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Environmental Agreement
14. BUYER AGREES TO HOLD HARMLESS AND
UNCONDITIONALLY INDEMNIFY AGAINST AND PAY ON
BEHALF OF HARRIS COUNTY ANY AND ALL FINES,
PENALTIES, LIABILITY, COSTS, EXPENSES (INCLUDING
ATTORNEYS FEES), CLAIMS AND DAMAGES WHICH
BARRIS COUNTY MAY AT ANY TIME SUFFER OR SUSTAIN
OR BECOME LIABLE FOR BY REASON OF THE PROPERTY,
ITS PRIOR OPERATION, HARRIS COUNTY'S COMPLIANCE
WITH RESPECT TO THE PROPERTY WITH APPLICABLE
CODES, LAWS, REGULATIONS, STATUTES, ORDINANCES,
COVENANTS, CONDITIONS OR RESTRICTIONS OR ITS
CONDITION, WHETHER SUCH CONDITION EXISTED PRIOR
TO OR AFTER THE DATE OF THIS AGREEMENT INCLUDING
BUT NOT LIMITED TO SUCH FINES, PENALTIES, LIABILITY,
COST, EXPENSES, CLAIMS AND DAMAGES ATTRffiUTABLE
TO ANY NEGLIGENT ACT OR OMISSION OF HARRIS
COUNTY, ITS OFFICIALS, AGENTS OR EMPLOYEES.
15. HARRIS COUNTY IS SELLING THE PROPERTY IN "AS
IS" CONDITION WITH ALL FAULTS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND OR
NATURE, EXCEPT SPECIAL WARRANTY OF TITLE. BUYER
ACKNOWLEDGES THAT BEFORE SIGNING THIS
AGREEMENT IT HAS HAD A REASONABLE OPPORTUNITY
TO INSPECT AND INVESTIGATE THE PROPERTY, EITHER
INDEPENDENTLY OR THROUGH AGENTS OF BUYER'S
CHOOSING. BUYER DOES NOT RELY ON HARRIS COUNTY,
OR ITS AGENTS AS TO ANY REPRESENTATION,
DISCLOSURE OR STATEMENT MADE IN CONNECTION
WITH THE PROPERTY INCLUDING BUT NOT LIMITED TO:
(I) THE QUALITY, NATURE, ADEQUACY, AND PHYSICAL
CONDITION OF SOILS AND GEOLOGY AND THE EXISTENCE
OF GROUND WATER, (II) THE EXISTENCE, QUALITY,
NATURE, ADEQUACY, AVAILABILITY, ACCESSIBILITY,
CAPACITY, AND PHYSICAL CONDITION OF UTILITIES
SERVING THE PROPERTY, (III) THE DEVELOPMENT
POTENTIAL OF THE PROPERTY, ITS HABITABILITY,
ACCESSIBILITY, MERCHANTABILITY, FITNESS,
SUITABILITY, DRAINAGE, OR ADEQUACY OF THE
PROPERTY FOR ANY PARTICULAR PURPOSE, (IV) THE
ZONING, PLATTING APPROVAL, OR LEGAL STATUS OF THE
PROPERTY, (V) THE PROPERTY'S OR ITS OPERATIONS'
COMPLIANCE WITH APPLICABLE CODES, LAWS,aREGULATIONS, STATUTES, ORDINANCES, COVENANTS,
6
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F<k Buyer
Environmental Agreement
CONDITIONS OR RESTRICTIONS OF ANY GOVERNMENTAL,
QUASI-GOVERNMENTAL ENTITY OR ANY OTHER PERSON
OR ENTITY INCLUDING BY WAY OF DESCRIPTION AND
NOT LIMITATION, THOSE APPLYING TO THE SUBDIVISION
AND PLATTING OF LAND, THE AVAILABILITY OF
UTILITIES, SERVICES, FLOOD INSURANCE AND THOSE
APPLYING TO RESTRICTIONS UPON THE TRANSFER OF
PROPERTY PURCHASED WITH FEDERAL AND/OR STATE
FUNDS; (VI) POLLUTION OR LAND USE LAWS, RULES,
REGULATIONS, ORDERS OR REQUIREMENTS INCLUDING
BUT NOT LIMITED TO THOSE PERTAINING TO THE
HANDLING, GENERATING, STORAGE OR DISPOSING OF
ANY HAZARDOUS MATERIALS, (VII) THE AVAILABILITY OF
ANY TAX ABATEMENT OR REDUCTION PROGRAM, AND
(VIII) EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN
TillS AGREEMENT, THE CONDITION OF TITLE AND THE
NATURE, STATUS AND EXTENT OF ANY RIGHT-OF-WAY,
LEASE, RIGHT OF REDEMPTION, POSSESSION, LIEN,
ENCUMBRANCE, LICENSE, RESERVATION, COVENANT,
CONDITIONS, RESTRICTION AND ANY OTHER MATTER
AFFECTING THE TITLE. ALTHOUGH HARRIS COUNTY OR
ITS PREDECESSORS MAY HAVE PERFORMED WORK, OR
CONTRACTED FOR WORK PERFORMED BY TIDRD PARTIES
IN CONNECTION WITH THE PROPERTY, HARRIS COUNTY,
AND ITS AGENTS SHALL NOT BE RESPONSffiLE TO BUYER,
OR ANY SUCCESSOR OR ASSIGN, ON ACCOUNT OF ANY
ERRORS OR OMISSIONS OR CONSTRUCTION DEFECTS OF
SUCH WORK. ANY INFORMATION FURNISHED BY HARRIS
COUNTY IS MADE WITHOUT ANY REPRESENTATION OR
WARRANTY AS TO ITS ACCURACY OR RELIABILITY. THE
INFORMATION FURNISHED BY HARRIS COUNTY AND ANY
OTHER MATERIALS, STUDIES, REPORTS, SURVEYS,
ASSESSMENTS, PLANS, FILES, DATA AND/OR RECORDS
FURNISHED OR MADE AVAILABLE BY HARRIS COUNTY, IF
ANY, ARE NONEXCLUSIVE AND HARRIS COUNTY DOES NOT
REPRESENT OR WARRANT THAT SUCH MATERIALS,
STUDIES, REPORTS, SURVEYS, ASSESSMENTS, PLANS,
FILES, DATA AND/OR RECORDS MADE AVAILABLE BY
HARRIS COUNTY CONSTITUTE AN EXHAUSTIVE OR
COMPLETE COMPILATION OF ALL INFORMATION
RELATING TO THE PROPERTY AND THE IMPROVEMENTS
LOCATED THEREON. BUYER THROUGH ITS INDEPENDENT
INVESTIGATION AND INQUIRY, IF ANY, SHALL DETERMINE
THE EXISTENCE AND WHEREABOUTS OF ANY OTHER
MATERIALS, PLANS, FILES, REPORTS, DATA, OR OTHER
INFORMATION. ALL INFORMATION MADE AVAILABLE IS
7
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Fdr Buyer
OFFERED FOR INFORMATION PURPOSES ONLY AND
HARRIS COUNTY WILL NOT BE RESPONSIBLE FOR THE
ACCURACY OF ANY INFORMATION. BUYER HAS RELIED
ON BUYER'S OWN INSPECTION RATHER THAN ANY
REPRESENTATIONS OR WARRANTIES OF HARRIS COUNTY
WITH RESPECT TO THE CONDITION OF THE PROPERTY
AND ANY IMPROVEMENTS THEREON. WITHOUT LIMITING
THE FOREGOING, HARRIS COUNTY MAKES NO
REPRESENTATIONS OR WARRANTIES (AND HARRIS
COUNTY EXPRESSLY DISCLAIMS, AND THE PROPERTY
SHALL BE TRANSFERRED AND CONVEYED WITHOUT, ANY
REPRESENTATION OR WARRANTY WHATSOEVER,
EXPRESS OR IMPLIED), AS TO WHETHER THE PROPERTY
CONTAINS ANY ASBESTOS OR OTHER HARMFUL OR TOXIC
SUBSTANCES OR PERTAINING TO THE EXTENT, LOCATION
OR NATURE OF SAME. FURTHER, TO THE EXTENT THAT
HARRIS COUNTY PROVIDES TO BUYER INFORMATION
FROM ANY INSPECTION, ENGlNEERING OR
ENVIRONMENTAL REPORTS CONCERNING ASBESTOS OR
OTHER HARMFUL OR TOXIC SUBSTANCES, IF ANY, HARRIS
COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO THE ACCURACY OR COMPLETENESS,
METHODOLOGY OF PREPARATION OR OTHERWISE
CONCERNING THE CONTENTS OF SUCH REPORTS. ANY
CLAIMS OR CAUSES OF ACTION AGAINST HARRIS COUNTY
BASED IN WHOLE OR IN PART ON ANY IMPLIED
WARRANTY OR ON ANY VIOLATION OF, OR ARISING WITH
RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE,
ORDINANCE, RULE OR REGULATION ARE HEREBY
EXPRESSLY WAIVED OR RELEASED BY BUYER (INCLUDING
BY WAY OF DESCRIPTION, AND NOT LIMITATION, THOSE
APPLYING TO THE TRANSFER OF PROPERTIES
PURCHASED WITH STATE OR FEDERAL FUNDS).
16. All notices, demands and requests which may be given or which are required to
be given by either party to the other party under this Agreement must be in writing and must be
sent by United States certified or registered mail, postage fully prepaid, return receipt requested,
or by Federal Express or a similar nationally recognized overnight courier service, or by
facsimile with a confirmation copy delivered by a nationally recognized overnight courier
service. The addresses for proper notice under this Agreement are set forth on the first page of
this Agreement. Either party may from time to time by written notice designate a different
address to the other party; however, such written notice of different address shall not be
effective until fifteen (15) days following its receipt.
Environmental Agreement
8
16. All notices, demands and requests which may be given or which are required to
be given by either party to the other party under this Agreement must be in writing and must be
sent by United States certified or registered mail, postage fully prepaid, return receipt requested,
or by Federal Express or a similar nationally recognized overnight courier service, or by
facsimile with a confirmation copy delivered by a nationally recognized overnight courier
service. The addresses for proper notice under this Agreement are set forth on the first page of
this Agreement. Either party may from time to time by written notice designate a different
address to the other party; however, such written notice of different address shall not be
effective until fifteen (15) days following its receipt.
17. The provisions set forth in Sections 1, 2, 3 and 4 of this Agreement will
automatically terminate and be of no further force and effect upon the date of substantial
completion, and the other provisions of this Agreement will terminate fifty (50) years after the
date of this Agreement, provided, however, Harris County may in its sole discretion terminate
this Agreement at an earlier date through appropriate action of Harris County Commissioners
Court.
18. If Buyer is rendered unable, wholly or in part, by force majeure to carry out any
of its obligations under this Agreement, then any deadlines imposed by this Agreement shall be
extended to the extent affected by such force majeure and to the extent that due diligence is
being used to resume performance at the earliest practicable time. Such cause, as far as possible,
shall be remedied with all reasonable diligence. The term "force majeure", as used herein, shall
mean acts of God, strikes, lockouts, acts of the public enemy, insurrections, riots, epidemics,
hurricanes, storms, floods, washouts, to the extent that the same are not within the control of
Buyer, and which Buyer could not have avoided by the exercise of due diligence and care.
Buyer's obligations pursuant to Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 of this
Agreement shall not be affected by acts of force majeure.
19. Nothing in this Agreement shall be construed as a waiver ofthe powers, rights,
privileges and duties of Harris County as a political subdivision ofthe State of Texas.
Executed by Harris County on April-----:> 2007.
APPROVED AS TO FORM:
MIKE STAFFORD
County ttorney
HARRIS COUNTY
By:
By:
obert W. Soard
Assistant County Attorney
Ed Emmett
County Judge
Envirornnental Agreement
9
Executed by Buyer on Apri19, 2007.
Environmental Agreement
::;
BUYER
LA PORTE REAL PROPERTY, LLC
By:
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Will. B Crenshaw, Manager
10
STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
Before me, the undersigned authority on this _ day of April, 2007, personally appeared
Ed Emmett known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that the same is the act of Harris County, Texas and that he executed
the same in the capacity stated and as the act of Harris County and for the purposes and
consideration expressed therein.
Notary Public, State of Texas
EnvrrorunenmlAgreemem
11
STATE OF TEXAS ~
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COUNTY OF HARRIS ~
This instrument was acknowledged before me on April 9, 2007 by Will B. Crenshaw,
Manager of La Porte Real Property, LLC, a Texas limited liability company, on behalf of said
limited liability company. L
Environmental Agreement
,
RENO \-IA.R
Public. State ot Te]lJls
Notary .' E)(pires
My CommISsIon
september '2, 20~O
12
DESCRIPTION OF A 47.709-ACRE
(2,078,202 SQ.FT) TRACT OF LAND
SITUATED IN THE JOHNSON HUNTER
SURVEY, A~35, HARRIS COUNTY, TEXAS
PROPERTY DESCRIPTION
Being an 47.709 acre (2,078,202 square foot) tract ofland situated in the Jo~on Hunter Survey, Abstract No.
35, in Harris County, Texas, said tract containing all ofOutlots 10 and 11, $d Blocks 373,374, and 376 in
LaPorte, Texas, a subdivision according to the map or plat thereofrecorded:in Volume 83, Page 345 of the
Deed Records of Harris County, Texas, all of Blocks 377,378,379, and 380 in the Subdivision of Outlot 9 of
the Nebraska Syndicate Tract, a subdivision according to the map or plat thereof recorded in Volume 458, Page
331 of the Deed Records ofHanis County, Texas, and the area ofIand for the abandoned street and alley Right-
of-Way per City of LaPorte Ordinance Number 1264 dated Jooe 3, 1987, said Outlot 10 being the same tract of
land described in a deed, from Gus Roth to the County of Hams, dated Marf/lh 27, 1970 and filed for record
April 15, 1970 in Volume 7973, Page 130 of the Deed Records of Hams CQ'imty, Texas (County Clerk's File
No. 0092700 and Film Code No. 115-31-1680), said Outlot 11 being the s$e tract ofland described in a deed,
from Craig C. Cantey, Jr., Trustee to the County of Harris, dated May 6, 1917 and filed for record August 24,
1977 in the Official Public Records of Real Property of Harris County, Te~, under County aerk's File No.
F270031 and Film Code No. 173-14-1810, said Block 373, save andexceptJ:-ots 29 and 30, being the same tract
ofland described in a deed, from J. Reese Blundell and wife, Alice F. Blund~l1 to the Coooty ofHanis, dated
May 19, 1970 and filed for record August 6, 1970 in Volume 8098, Page 57$ of the Deed Records of Harris
ColIDty, Texas, (County Clerk's File No. D156746 and FiIni Code No. 119-~-2198), said Lots 29 and 30, in
said Block 373, being the same tract ofland described in an agreedjudgmen~, between the County of Harris and
R G. Shileutt and wife, Lois Sht1cutt, dated July 9, 1970 and filed forrecordAugust 12,1970 in Volume 8106,
Page 1 of the Deed Records of Hams County, Texas (County Clerk's File Ni>. D160245 and Film Code No.
119-28-2567, said Blocks 374 and 376, being the same tract ofland described in a deed, from Dominic D.
Nicolini, et al~ to the County of Harris, filed forrecordAugust 5, 1970 in voaume 8166, Page 582 of the Deed
Records of Harris County, Texas (County Clerk's File No. D191685 andFihjn Code No. 121-23~927), and said
Blocks 377, 378, 379, and 380, being the same tract ofland described in a d~d, from Charles E. Casteel and
wife, Angelica M. Casteel to the County of Hanis, dated April 6, 1970 and filed for record June 8, 1970 in
Volume 8029, Page 250 of the Deed Records ofHanis County, Texas (Coun,ty Clerk's File No. D120446 and
File Code No. 117-23...2332), said 47.709 acre tract being more particularly ~scnbed by metes and bounds as
follows with the basis of bearings being the Texas State Plane Coordinate System, South Central Zone 4204,
NAD 1983:
BEGINNING at a S/8-inch iron rod with cap stamped ("WEISSER ENG., HOUSTON, .TX.") set in the
westerly right-of-way line of North Broadway Street, (100-foot wide, Volume 83, Page 345 HARRIS
COUNlY DEED RECORDS), being in the northerly right-of-way line of Ndrth "H" Street (80~foot wide,
Volume 83, Page 345 HARRIS COUNTY DEED RECORDS), being the soultheasterly comer of said Block
374, and being the southeasterly comer of the herein described tract, said point having Texas State Plane
Coordinates X=3,232,578.85, Y=13,816,615.96;
THENCE South 860 55' 55" West, with the northerly right-of-way line of sai4 North "H" Street and with the
southerly line of said tract herein described.;, a distance of 2568.03 feet to a 51$-ineh iron rod with cap stamped
("Vf.EISSER ENG., HOUSTON, TX. ") set in the easterly right-of-way line ofr:North glb Street (80-foot wide,
Volume 83, Page 345 HARRlS COUNTY DEED RECORDS), being the southwesterly comer of said Outlot
11, and being the southwesterly corner of said tract herein described;
THENCE North 030 03' 04" West, with the easterly right-of-way line of said North 8th Street and with the
westerly line of said tract herein described, a distance of 860.04 feet to a S/8-mch iron rod with cap stamped
("WEISSER ENG., HOUSTON, TX.") set, in the southerly right-of-way line of North "J" Street (80-foot wide,
Volume 83, Page 345 HARRIS COUNTY DEED RECORDS), being the Nor1ihwesterly comer of
aforementioned Outlot 11, for the northwesterly comer of the herein described tract;
TIIENCE North 860 55' 55" East, with the southerly right-of-way line of ~d North "Y' Street and with a
northerly line of said tract herein descnbed, a dis-tance of 2,242.03 feet to a: 5/8-inch iron rod with cap stamped
("WEISSER ENG., HOUSTON, TX.'I) set, in the westerly right-of-way lirle of North I It Street (60,..foot wide,
Volume 83, Page 345 HARRIS COUNTY DEED RECORDS), for a north~ly comer of said tract herein
described;
. THENCE South 030 03' 04" East, with the westerly right-of-way line of said North 151 Street and with an
easterly line of said tract herein described, a distance of400.02 feet to a 5/B-inch iron rod with cap stamped
e'WEISSER ENG., HOUSTON, TX.'~ set, in the northerly right-of-way line of North "I" Street (60-foot wide,
Volume 83, Page 345 HARRIS COUNfY DEED RECORDS), and for an ~terior comer of the herein
descnbed tract;
THENCE North 860 55' 55" East, with the southerly line of Block 375 of s~id map of LaPorte, Texas
Subdivision. with the northerly right-of-way line of said North "f' Street, aQd with a northerly line of said tract
herein described, a distance of 326.00 feet to a S/8-inch iron rod with cap s~d ("WEISSER ENG.,
HOUSTON, TX.1I) set, in the westerly right-of-way line of said North Broa4way Street, being the Southeasterly
comer of said Block 375, and being a northeasterly comer of said tract herein described, from which a 518-inch
iron rod fOWld bears South 750 35' West, a distance of 0.37 feet;
THENCE South 03003 '04" East, with the westerly right-of-way line of said North Broadway Street and with an
easterly line' of said tract herein described, a distance of 460.02 feet to the P~INT OF BEGINNING and
containing 47.709 acres (2,078,202 square feet) of land.
Compiled by:
Weisser Engineering Company
19500 Park Row
Houston, Texas 77084
Date: 03/07/07
Job No. CT551 (1963-001)
-.'..'"
DEED OF TRUST
TO SECURE PERFORMANCE
Date: April 9, 2007
Grantor: La Porte Real Property, LLC, a Texas limited liability company (together with its
successors and assigns, collectively "Grantor")
Grantor's Mailing Address (including county): 1655 Louisiana
Beaumont, Jefferson County, Texas 77701
Trustee:
Ed Emmett, County Judge of Harris County, Texas (or his successor in office)
Trustee's Mailing Address (including county): 1001 Preston, Suite 911
Houston, Harris County, Texas 77002
Beneficiary: Harris County, a body politic and corporate under the laws of the State of Texas
Beneficiary's Mailing Address (including county):
100 I Preston, Suite 911
Houston, Harris County, Texas 77002
Property (including improvements):
Being a 47.709 acre (2,078,202 square foot) tract ofland situated in the Johnson Hunter Survey,
Abstract No. 35 in Harris County, Texas, more particularly described on Exhibit labeled
"Property Description" attached hereto and made a part hereof for all purposes
Recitations:
By Special Warranty Deed (the "Deed") dated of even date herewith, Beneficiary conveyed the
Property to Grantor. In connection with the execution and delivery of the Deed, Beneficiary and
Grantor entered into that certain Environmental Agreement dated of even date herewith (herein,
as from time to time amended, supplemented or restated, called the "Environmental Agreement",
the tenus defined therein and not otherwise defmed herein being used herein as therein defmed,
reference to which agreement is hereby made for all purposes). By the execution and delivery of
this Deed of Trust and the Letter of Credit as specified in the Environmental Agreement, Grantor
has provided certain fmancial assurances to Beneficiary in respect of Grantor's perfonnance of
the covenants and provisions contained in the Environmental Agreement.
Prior Lien(s) (including recording information):
NONE
Other Exceptions to Conveyance and Warranty:
Easements, rights of way and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances
and other instruments that affect the Property.
06RPDOO83 laPorte Deed of Trust
1
EXHIBIT f)
OBLIGATION:
Grantor purchased the above Property from Beneficiary. As part of the terms and
conditions for the purchase and sale of the Property Grantor executed that one certain
Environmental Agreement of even date herewith.
For value received and to secure perrormance of the obligations of Grantor contained in
the Environmental Agreement and in this Deed of Trust and to further secure payment of any
actual damages proximately caused to Beneficiary by a breach of the obligations of Grantor on
any other agreements executed by Grantor and Beneficiary, Grantor conveys the property to
Trustee in trust.
This Deed of Trust will remain in effect until the earlier of the following, after which
time Beneficiary shall release this Deed of Trust of record at Grantor's expense if requested to do
so by Grantor; (1) fifty (50) years from the date hereof, or (2) any date upon which the
Environmental Agreement is terminated.
Grantor warrants and agrees to defend the title to the Property.
Financing
Beneficiary may in its discretion agree that Grantor may pledge the Property as collateral
on a loan obtained to remediate the Property in accordance with the terms of the Environmental
Agreement. If Beneficiary determines in its sole discretion that such loan will not unduly impair
Beneficiary's security then Beneficiary may agree to subordinate this Deed of Trust to a deed of
trust granted to secure such loan. After remediation of the Property as provided in the
Environmental Agreement, Grantor may at any time and from time to time pledge the Property as
collateral for any loan in which event this Deed of Trust shall be subordinate to any deed of trust
granted to secure any such loan and Beneficiary will subordinate this Deed of Trust to such
pledge provided:
a. Beneficiary is not in default under the terms of this Deed of Trust or the
Environmental Agreement;
b. Beneficiary determines that such loan will not unduly impair Grantor's ability to
fulfill its obligations under this Deed of Trust or the Environmental Agreement;
and
c. the proposed lender agrees to provide notices of default to Beneficiary and a
reasonable opportunity for Beneficiary to cure such default.
Beneficiary shall have no obligation to subordinate the Environmental Agreement or the
Restrictive Covenants set forth in such agreement and the Environmental Agreement and
Restrictive Covenants shall remain superior to any mortgage or deed of trust which covers the
Property.
GRANTOR'S ADDITIONAL OBLIGATIONS
Grantor agrees to:
1. Pay all taxes and assessments, if any, on the Property when due and provide
Beneficiary with evidence of such payment within thirty (30) days of such payment;
2. Except as otherwise provided in this Deed of Trust, preserve the lien's priority as it is
established in this Deed of Trust;
06RPD0083 LaPorte Deed of Trust
2
3. If this is not a first lien, pay all prior liens and abide by all prior lien instruments;
4. Comply at all times with the terms of any restrictive covenants applicable to the
Property
5. Provide such [mandaI reports and other documents as Beneficiary may from time to
time request in order to assure that the Property is in compliance with this Deed of
Trust and the Environmental Agreement.
BENEFICIARY'S RIGHTS
1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all
rights and responsibilities of Trustee.
2. If Grantor fails to perform any obligations, Beneficiary may perform those
obligations and be reimbursed by the Grantor on demand at Beneficiary's address for
any sums so paid, including attorney's fees, plus interest at 10 percent per annum.
The sum to be reimbursed shall be secured by this Deed of Trust.
3. An Event of Default shall occur if Grentar fails to perform any of Grantor's
obligations on this Deed of Trust or if Grantor fails to perform any obligation under
the Environmental Agreement or if default occurs on a prior lien note or other
instrument or any other written agreement between Beneficiary and Grantor.
4. If an Event of Default occurs Beneficiary will before exercising any of its remedies
under this Deed of Trust first give notice of such Event of Default to Grantor and
Grantor will have thirty (30) days after notice is given to cure the default, provided
however if an Event Of Default occurs which Beneficiary determines to constitute a
serious immediate threat to the environment or the health and safety of individuals
then Beneficiary may take such actions as it determines to be necessary to abate such
threat and the reasonable and necessary cost of such remedial actions shall be paid by
Grantor to Beneficiary upon demand. Beneficiary may, in its discretion, grant
Grantor additional periods of time to cure a non-monetary Event of Default if
Beneficiary determines that Grantor has with all reasonable diligence taken action to
cure such non-monetary Event of Default within the 30 day period and that an
additional period of time is reasonable and necessary.
5. The Notice of Default shall provide a good faith estimate of monetary damages, if
any, that Beneficiary may suffer as a result of such default. Monetary damages shall
include but not be limited to all reasonable and necessary expenses, attorney's fees,
fines, penalties, interest, witness fees, expert fees and other damages incurred or
reasonably anticipated to be incurred by Beneficiary as a result of such Event of
Default. If Grantor fails to pay such good faith estimate of monetary damages to
Beneficiary within 30 days after the Notice of Default is given then Beneficiary may:
a. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's
agent shall give notice of the foreclosure sale as provided by the Texas Property
Code as then amended; and
b. purchase the Property at any foreclosure sale by offering the highest bid and then
have the bid credited on any sums owed Beneficiary.
Notice of Default under this Deed of Trust or any other instrument secured by it must be
in writing and must be sent by United States certified or registered mail, postage fully prepaid,
return receipt requested, or by Federal Express or a similar nationally recognized overnight
courier service, or by facsimile with a confmnation copy delivered by a nationally recognized
overnight courier service. The Addresses for proper notice under this Deed of Trust are set forth
on the first page of this Deed of Trust. Either party may from time to time by written notice
designate a different address to the other party; however, such written notice of different address
shall not be effective until fifteen (15) days following its receipt.
06RPDO083 laPorte Deed ofTrust
3
TRUSTEE'S DUTIES
If requested by Beneficiary to foreclose this lien, Trustee shall:
L Either personally or by agent give notice of the foreclosure sale as required by the
Texas Property Code as then amended.
2. Sell and convey all or part of the Property to the highest bidder for cash with a
general warranty binding Grantor, subject to prior liens and to other exceptions to
conveyances and warranty; and
3. From the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a commission to trustee of 5 percent of the
bid;
b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other
charges due and unpaid;
c. any amount required by law to be paid before payment to Grantor; and
d. to Grantor, any balance.
Any such trustee's sale shall be subject to and any purchaser at such sale shall be required
to agree to abide by the terms of the Environmental Agreement and by the Restrictive Covenants
placed on the Property this date in the Deed from Beneficiary to Grantor. This provision shall not
apply ifthe purchaser at such sale is Beneficiary.
GENERAL PROVISIONS
1. If any of the Property is sold under this Deed of Trust, grantor shall innnediately
surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become
a tenant at sufferance ofthe purchaser, subject to an action for forcible detainer.
2. Recitals in any Trustee's deed conveying the Property will be presumed to be true.
3. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other
remedy will not constitute an election of remedies.
4. This lien shall remain superior to liens later created.
5. If any portion of any sums owed to Beneficiary cannot be lawfully secured by this
Deed of Trust, payments shal1be applied first to discharge that portion.
6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from
condemnation of all or part of the Property; from private sales in lieu of
condemnation, and from damages caused by public works or construction on or near
the Property. After deducting any expenses incurred, including attorney's fees,
Beneficiary may release any remaining sums to Grantor or apply such sums to reduce
any sums owed Beneficiary. Beneficiary shall not be liable for failure to collect or to
exercise diligence in collecting any such sums.
7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and
future rent and other income and receipts from the Property. Leases are not assigned.
Grantor warrants the validity and enforceability of the receipts of the assignment.
Grantor may as Beneficiary's licensee collect rent and other income and receipts as
long as there is no default under the Environmental Agreement or this Deed of Trust.
If there is a default in performance of the Environmental Agreement or this Deed of
Trust, Beneficiary may tenmnate Grantor's license to collect and then as Grantor's
agent may rent the Property if it is vacant and collect all rent and other income
receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord
with respect to any occupant of the Property.. Beneficiary may exercise Beneficiary's
06RPD0083 LaPorte Deed ofTrust
4
rights and remedies under this paragraph without taking possession of the Property.
Beneficiary shall apply all rent and other income and receipts collected under this
paragraph first to expenses insured in exercising Beneficiary's rights and remedies
and then to obligations under the Environmental Agreement and/or Deed of Trust in
the order determined by Beneficiary. Beneficiary is not required to act under this
paragraph, and acting under this paragraph does not waive any of Beneficiary's other
rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt,
Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the
appointment of a receiver under Texas law.
8. futerest on the debt secured by this Deed of Trust shall not exceed the maximum
amount of nonusurious interest that may be contracted for, taken, reserved, charged,
or received under law; any interest in excess of that maximum amount shall be
credited on the principal of the debt or, if that has been paid, refunded. On any
acceleration or required or permitted payment, any such excess shall be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the
principal of the debt or, if the principal of the debt has been paid, refunded. This
provision overrides other provisions in this and all instruments concerning the debt.
9. Grantor hereby covenants, represents and warrants to Beneficiary that Grantor's
intended occupancy, operation, and use of the Property do not and will not violate
any applicable environmental law pertaining to health or the environment, including,
without limitation, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980,42 U.S.C. S~ 9601-75 (1986) as amended by the Superfund
Amendments and Reauthorization Act, Publ. L. No. 99-499, 100 stat. 1613 (1986)
('CERCLA"), the Resource Conservation and recovery Act of 1976, 42 D.S.C. ~~
6901-91 (1985) as amended from time to time ("RCRA"), the Texas Water Code, as
amended from time to time, the Texas Solid Waste Disposal Act, as amended from
time to time. Beneficiary makes no representations or warranties whatsoever to
Grantor regarding the presence or absence of hazardous or toxic materials in, at or
under the Property.
I O. When the context requires, singular nouns and pronouns include the plural.
11. This Deed of Trust shall bind inure to the benefit ot: and be exercised by successors
in interest of all parties.
12. Prior to the date of substantial completion of the Approved Remediation Plan as set
forth in the Environmental Agreement, Grantor will not transfer or lease any part of
the Property without Beneficiary's prior written consent, which consent will not be
unreasonably withheld, conditioned or delayed except that during such time period
Grantor may lease the Property for a term of less than six (6) months if such lease
does not provide for an option to renew or an extension of its term. Following the
date of such substantial completion Grantor shall be permitted to grant, convey, sell,
transfer or lease any part of the Property upon Grantor fIrst providing Beneficiary
notice of the term of any proposed lease and the identity of any intended transferee or
lessee. Grantor shall not be required to provide the identity of any lessee or the term
for any lease that is for a period of less than six months unless such lease provides for
an option to renew or extension of its term.
LA PORTE REAL PROPERTY, LLC
BY.~ ~
Will B. Crenshaw, Manager
06RPD0083 laPorte Deed ofTrust
5
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on April 9, 2007 by Will B. Crenshaw,
Manager of La Porte Real Property, LLC, a Texas limited liability company, on behalf of said
limited liability company.
After recording return to:
06RPDOO83 LaPorte Deed of Trust
RENO HARTFIEL
Notary Public. Slate 01 Texas
My Commission Expires
September 12,2010
6
DESCRIPTION OF A 47.709-ACRE
(2,078,202 SQ.FT) TRAcr OF LAND
Sri'UATED IN THE JOHNSON HUNTER
SURVEY, A-35, HARRIS COUNtY, TEXAS
Being an 47.709 acre (2,078,202 square foot) tract ofland situated in the Johnson Hunter Survey, Abstract No.
35, in Harris County, Texas, said tract containing all ofOutlots 10 and 11, aI1ld Blocks 373, 374, and 376 in
LaPorte, Texas, a subdivision according to 'the map or plat thereof recorded in Volume 83, Page 345 of the
Deed Records of Harris COtmty, Texas, all of Blocks 377, 378, 379, and 38@ in the Subdivision of Outlot 9 of
the Nebraska Syndicate Tract, a subdivision according to the map or plat thereof recorded in Volume 458, Page
331 of the Deed Records of Harris COtmty, Texas, and the area ofland for the abandoned street and alley Right-
of-Way per City of LaPorte Ordinance Number 1264 dated June 3, 1987, said Outlot 10 being the same tract of
land described in a deed, from Gus Roth to the County of Harris. dated Mar$h27, 1970 and filed for record
April 15, 1970 in Volume 7973, Page 130 of the Deed Records of Harris CoUItty, Texas (County Clerk's File
No. D092700 and Film Code No. 115-31-1680), said Outlot 11 being the s~ tract ofland described ina deed,
from Craig C. Canley. Jr., Trustee to the County of Harris, dated May 6, 1917 and filed for record August 24.
1977 in the Official Public Records of Real Property of Harris County, Texa!s, under Cowty Clerk's File No.
F270031 and Film Code No. 173-14-1810. said Block 373, save and except LOts 29 and 30. being the same tract
ofland descn"bed in a deed, from J. Reese Blundell and wife, Alice F. Blw~ll to the County of Harris, dated
May 19,1970 and filed for record August 6,1970 in Volume 8098. Page 578 of the Deed Records of Harris
Cowty, Texas, (County Clerk's File No. D156746 and Film Code No. 1l9-~4-2198), said Lots 29 and 30. in
said Block 373, being the same tract ofland descn"bed in an agreed judgment, between the County of Harris and
R G. Shilcutt and wife, Lois Shilcutt, dated July 9, 1970 and filed for record August 12, 1970 in Volume 8106,
Page 1 of 'the Deed Records of Harris County, Texas (County Clerk's FileNo. DI60245 and Film Code No.
119-28-2567. said Blocks 374 and 376, being the same tract ofland described in a deed, from Dominic D.
Nicolini, et aI, to the County of Harris, filed forrecord August 5, 1970 in Volume 8166. Page 582 of the Deed
Records of Harris County, Texas (County Clerk's File No. D191685 and Fihjn Code No. 121-23-0927), and said
Blocks 377. 378, 379, and 380, being the same tract ofland descn"bed in a d~ed, from Charles E. Casteel and
wife, Angelica M. Casteel to the County of Harris, dated April 6, 1970 and flIed for record Jtme 8, 1970 in
Volume 8029, Page 250 of the Deed Records of Harris County, Texas (Co~ Clerk's File No. D120446 and
File Code No. 117~23..2332), said 47.709 acre tract being more particularly descn"bed by metes and botmds as
follows with the basis of bearings being the Texas State Plane Coordinate System, South Central Zone 4204,
NAD 1983:
PROPERTY DESCRIPTION
BEGINNING at a 5/8-inch iron rod with cap stamped ("WEISSER ENG.. HOUSTON, ,TX. ") set in the
westerly right-of-way line of North Broadway Street, (lOO-foot wide. Volume 83, Page 345 HARRIS
COUNTY DEED RECORDS). being in the northerly right-of-way line of North "H" Street (80-foot wide,
Volume 83, Page 345 HARRIS COUNTY DEED RECORDS), being the sotl'tb.easterly comer of said Block
374, and being the southeasterly comer of the herein described tract, said pomt having Texas State Plane
Coordinates X=3,232,578.85, Y=13,816,615.96;
TIIENCE South 860 55' 55" West, with the northerly right-of-way line of said North "H" Street and with the
southerly line of said tract herein described;, a distance of 2568.03 feet to a 5l8-inch iron rod with cap stamped
(''WEISSER ENG., HOUSTON, TX.") set in the easterly right-of-way line of North 8th Street (80-foot wide,
Volume 83, Page 345 HARRIS COUNTY DEED RECORDS), being the southwesterly comer of said Outlot
I 1, and being the southwesterly comer of said tract herein described;
THENCE North 030 03' 04" West, with the easterly right-of-way line of said North 8th Street and with the
westerly line of said tract herein described, a distance of 860.04 feet to a S/8-inch iron rod with cap stamped
("WEISSER ENG., HOUSTON, TX.") set, in the southerly right-of-way line of North "J" Street (80-foot wide.
Volume 83, Page 345 HARRIS COUNTY DEED RECORDS). being the Notthwesterly comer of
aforementioned Outlot II, for the northwesterly comer of the herein described tract;
TIIENCE North 860 55' 55" East, with the southerly right-of-way line of said North "r Street and with a
northerly line of said tract herein described, a distance of2,242.03 feet to a 5/S-inch iron rod with cap stamped
("WEISSER ENG., HOUSTON, TX.") set, in the westerly right-of-way line of North 1st Street (60-foot wide,
V olwne 83, Page 345 HARRIS COUNIY DEED RECORDS), for a northeasterly comer of said tract herein
oomboo; .
. TIIENCE South 030 03' 04" East, with the westerly right-of-way line of said North 1 st Street and with an
easterly line of said tract herein descn'bed, a distance of 400.02 feet to a Sl8-mch iron rod 'With cap stamped
("WEISSER. ENG., HOUSTON, TX.") set, m the northerly right-of-way ImeofNorth "r' Street (60-foot wide,
Volume 83, Page 345 HARRIS COUNIYDEED RECORDS), and for an interior comer of the herein
descnbed tract;
TIIENCE North 860 55' 55" East, with the southerly line of Block 375 of said map of LaPorte, Texas
Subdivision, with the northerly right-of-way line of said North '1" Street, and 'With a northerly line of said tract
herein described, a distance of 326.00 feet to a SIB-inch iron rod with cap stamped ("WEISSER ENG.,
HOUSTON, 1X. ") set, in the westerly right-of-way line of said North Broadway Street, being the Southeasterly
comer of said Block 375, and being a northeasterly comer of said tract hereih,ooscnbed, from which a 5/8-inch
iron rod found bears South 75035' West, a distance of 0.37 feet;
THENCE South 03003 '04" East, with the westerly right-of-way line of said North Broadway Street and with an
easterly line of said tract herein descnbed, a distance of 460 .02 feet to the paINT OF BEGINNING and
con~g47.709 acres (2,078,202 square feet) ofland.
Compiloo by:
Weisser Engineering Company
19500 Park Row
Houston, Texas 77084
Date: 03/07/07
Job No. CTS51 (1963-001)
Staff Report
January 20, 2011
Landfill Site #3 Redevelopment
Major Development Site Plan
ReQuest:
ReQuested Bv:
ReQuested For:
Location:
Present Zonine::
ReQuested Use:
Back2:round:
Approval of a Major Development Site Plan for proposed Redevelopment of
Landfill Site #3
La Porte Real Property, LLC (c/o Brian Bommer & Chuck Childress)
47.709 acres ofland located in the Johnson Hunter Survey, Abstract No. 35,
La Porte, Harris County, Texas.
901 North Broadway
Light Industrial (Ll) & Heavy Industrial (HI)
Shipping Container and Chassis Storage parking area
This property is located one block north of Barbour's Cut Boulevard
between North Broadway and North 8th Street. It is bounded by
undeveloped & heavily wooded ']' & 'H' Streets right-of-ways to the north
and south respectively.
Historically, the site is known as Harris County Municipal Solid Waste
(MSW) Landfill No.3.
La Porte Real Property, LLC finalized the Harris County Landfill No.3
purchase agreement in 2007.
The City received a Major Development Site Plan Submittal# 08-8302 on
November 20, 2008.
Staff reviewed the above referenced site plan and found several items needed
to be addressed. A copy of the plan review comments letter dated 12-02-08
is attached to this report.
Applicants met with staff on October 15, 2010, to discuss site plan review
comments. A zone change request from Ll to HI was one of the items
discussed during the meeting.
On November 18, 2010, applicant met with staff to discuss second site
access road along North' J' Street and informed that final drawings shall be
submitted by late December.
Staff received revised site plan submittal on December 23, 2010.
EXfflB" E
Landfill No.3
Site Plan
Page 2 of4
Under the terms of Development Ordinance 1444, the proposed
development is considered to be a major site plan. This is based on the
size of the development being in excess of 10 acres. The Development
Ordinance requires a two-stage approval process for major site plans. The
first stage is a major development site plan review and approval followed
by submittal of construction drawings and other applicable documents.
Analvsis:
Section 4.09 and Appendix E of the City's Development Ordinance
establishes review criteria for major development site plans. Staff also used
criteria in the City's Zoning Ordinance and Comprehensive Plan to review
this project.
Land Use - The City's Land Use Plan indicates this area envisioned as
developing for industrial uses. The zoning and use of the nearby properties
is also industrial in nature. The current land use and development pattern
conforms to the proposed use. Furthermore, the development within the
subject tract should not have any adverse impact on the surrounding area.
Streets, Access, & Layout - Truck traffic is associated with this type of
industrial development. In an attempt to reasonably control truck traffic, two
points of entry/exit are now shown on the plan.
North Broadway, an gO' right-of-way with traffic circulation to north and
south bound traffic lanes, will provide main access to the site. Along State
Highway 146 frontage road, North 'J' Street will provide a secondary access
to the site. A private access road in the middle with two points of access to
public roads should help prevent traffic delays and disperse the impact of
additional traffic on the roadways.
Landscaping/Screening - The Plan shows some relationship of these
features and also demonstrates how natural vegetation and the storm water
detention system are interrelated. Dense trees and natural vegetation will
remain in place along north and south of the subject tract. Landscaping shall
be provided along North Broadway.
Strategic Economic Development Plan establishes a goal to enhance the
visual aesthetic character of the community. Staff requested the developer to
plant tall trees along North gth Street and approximately 400' along North J
& H Street from an intersection with North gth Street. Due to the cap of
Landfill site, the land is higher than the surrounding properties. As such, tall
trees will mitigate any adverse impact of the proposed development and
enhance the visual aesthetic environment.
Utilities - A water line is available along North Broadway at 'H' Street to
supply potable water and fire protection to this proposed project. Sanitary
Landfill No.3
Site Plan
Page 3 of 4
Recommendation:
sewer is available to this property along North 8th Street. However, there is
no such request for public services at this time.
Proposed lO'xIO' dumpster site is shown near access along North
Broadway. Dumpster needs to be screened from public right-of-way.
Drainage - The proposed development lies within the F 101 Watershed and
naturally must drain west to North 8th Street and outfall north into HCFCD
Channel FIOl. Drainage plan shows north and south detention ponds on
either sides of an access road. Developer will grade portion of North 8th
Street from discharge point to move the flow to the north into F 1 01 Channel.
Drainage analysis includes the new access road's impact on the post
development flow at points-of-demonstration (PODs). In all cases, the post
development peak flows remain less than pre-development flows for all
PODs.
A "Point of Demonstration" (POD) is a location where peak flow rates were
evaluated for the pre-development and post-development drainage analysis.
These PODs will serve as a basis for comparison to determine impacts to
existing drainage patterns.
Scope of Work - A list of proposed activities approved by the Texas
Commission on Environmental Quality (TCEQ) for the subject site is as
follows:
. Site Clearing
. Site Grading
· Repairing of the areas with waste exposed or seeps
· Adding fill soil over areas which have less than 2' of final cover
· Paving includes Lime/flyash stabilization of upper foot of soil
. Layer of Crushed Concrete with Geogrid (Envirogard)
reinforcement or upper layer of Asphalt
· Installation of Gas Vent Trenches and perforated pipes beneath
pavmg.
In addition, any waste excavated during process must be disposed to a
permitted MSW landfill. Any exposed waste left in place must be
properly capped. No waste shall be left exposed overnight. Locations
where waste was removed shall be backfilled and compacted to exceed
existing grade and provide positive drainage. Currently, TCEQ
authorization is only for re-grading and paving activities. The permit is
not valid for any enclosed structure or underground utilities. A copy of
the letter is attached to this report.
Landfill No.3
Site Plan
Page 4 of 4
Staff, using Development Ordinance 1444, Section 4.09, has reviewed the
redevelopment of Harris County Landfill No.3 and found it to be in
substantial compliance with applicable ordinance requirements.
The Plan is recommended for approval with the following conditions:
1. Tracts 3, 4, and 5 in Blocks 373, 374, and 376 respectively are 16'
wide public alleys and need to be closed and abandoned per City's
Ordinances.
2. Prior to the use or occupancy, a subdivision plat for the entire
47.709 acre tract shall be submitted for approval by the City before
filing with the Clerk of Harris County.
3. Add City Approving Authority Certificate on the site plan.
4. For natural drainage, the owner/developer will grade North 8th
Street from discharge point to the north outfalling into HCFCD
F 1 01 Channel.
5. Submit a separate landscape plan showing proposed landscaping
along North Broadway, tall trees along North 8th Street, and
approximatel~ 400' along North J&H Streets from an intersection
with North 8t Street.
Options available to the Commission are as follows:
. Approve the Major Development Site Plan as filed;
· Conditionally approve the Major Development Site Plan as filed,
provided, the reasons for such conditional approval are stated in writing
and a copy of the statement is signed by the Chairman of the Planning
and Zoning Commission.
. Disapprove the Major Development Site Plan as filed, provided, the
reasons for such disapproval are stated in writing and a copy of the
statement is signed by the Chairman of the Planning and zoning
Commission.
City of La Porte
Established 1892
December 02, 2008
Chuck Childress
La Porte Real Property, LLC.
1655 Louisiana Street
Beaumont, TX 77701
RE: Landfill Site#3 Redevelopment - 901 North Broadway (CLP. Project # 08-8302)
Dear Mr. Childress:
Staff reviewed the above referenced site plan and found that the following items need to be addressed:
Sheet 1 of L Job No. CT664 - Weisser Engineering Co.
1. Show name of the development on the site plan.
2. Add type of development as "Container/Chasis Yard".
3. Show vicinitylkey map on the site plan.
4. Add address - 901 North Broadway.
5. Indicate building lines adjacent to all street right-of-ways; Front 50'(N. Broadway), Rear
50'(N. 8th Street), Sides 30'(H & J Streets).
6. Correct to show scale as 1"= 1 00' not 1 ' .
7. Call out property dimensions; widths and lengths on the site plan.
8. Show proposed access along N. Broadway and N. 8th Street with driveway widths and radii.
9. Need Harris County Driveway Permit for proposed driveway offN. Broadway.
10. Tracts 3, 4, and 5 in Blocks 373,374, and 376 respectively are 16' public alleys need to be
closed. please contact Mr. Brian Sterling at (281) 470-5059 for street & alley closing process.
11. Add additional paragraph to the Owner's Acknowledgement and City Approving Authority
Certificate (languages attached) on the site plan.
12. Furnish a letter from the owner stating intent of development, type oftrailers/chasis parking
either empty or loaded with any hazardous or non-hazardous materials etc.
13. Provide the City a copy of approval letters by TCEQ and Harris County.
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
---
EXH"1B\1 F
Landfill Site #3
Site Plan
Page 2 of3
SCS Engineers Submittal
14. Proposed surface material does not comply with the City's specification of dust free surface.
PICM allows either asphalt or concrete.
15. Maximum allowable ditch cross slope is 4:1.
16. Please provide erosion protection measures for the high velocities in the access road ditches
where slopes result in velocities greater than 9 feet/sec.
17. It appears a large portion of the site will be draining toward Broadway Street. Half of the site is
draining toward the access road's channel and from STA. 2+50.84 onward this appears to be
discharging to Broadway. Broadway is not a City of La Porte maintained street and provisions for
outfalling to Broadway must satisfy Harris County criteria. From reviewing the existing
conditions it appears there is a change in the amount of runoff reaching Broadway.
18. Please provide a flood plain statement on Sheet 9.
19. Please provide detention pond volume calculations on Sheet 9.
Site Plan
20. Perimeter fence with height, material, and location is not shown either proposed or existing
on the site plan.
21. Indicate location, widths, and types of all existing and proposed easements. Indicate recording
information for existing easements.
22. Show the nearest fire hydrant location on the site plan.
23. Show landscaping or submit a landscape plan showing minimum 6% required landscaping
(approx. 125,000 sq.ft.) around the perimeter boundary of the property. An irrigation/landscape
meter is recommended for the proper maintenance of landscaping at site. Show proposed tap
and line size on the site plan.
24. All new fencing and signage shall require separate permit from the City.
25. Need sanitation for workers at site. Is dumpster proposed? Show location on the site plan.
26. IS" sanitary sewer not depicted correctly. Sewer extends both north and south of manhole
called out at N. 8th and "J" Street.
27. Storm sewer manhole called out on west side of project is sanitary sewer.
28. Call out portion of "J" Street as improved flexible base and asphalt roadway.
29. Fill Dirt Permit is required from the City prior to placement of any fill at site.
30. The cost of the water development fee is $15,282.20.
31. The cost of the sewer development fee equals $35,371.80.
32. Zoning permit fee $50.00 is applicable.
(Note: All fees are due at the building permit issuance.)
Landfill Site #3
Site Plan
Page 3 of3
Once the required changes are made, please resubmit three copies for review by Staff. If you
have any questions, please contact me at (281) 470-5058.
Masood Malik
City Planner
/encl.
c: Tim Tietjens, Planning Director
Rodney Slaton, City Engineer
David Mezzacappa, SCS Engineers
Walter P. Sass, RPLS c/o Weisser Eng. Co.
Buddy Garcia, Chairman
Larry R. Soward, Commissioner.
Bryan W. Shaw, Ph.D., Commissioner
Glenn Shankle, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and PreiJentin~ Pollution
June 24, 2008
Mr. Brian Botnmer
La Porte Real Property
1655 Louisiana Street
Beaumont; Texas 7770]
Re: La Port~ Real Property, LLC - Harris County Landfill No. 3- Harri~ <;9unty
Municipal Solid Waste (MSW) - Revoked Permit No. 1105. . '.' .', '.
Pavement Construction Over a Closed MSW Landfill
Tracking No. 12333843
Dear Mr. Bommer:
On June 16, 2008, . the MSW Permits SectiOl} of the Texas Commission on Environmental Quality
received a request for the revision of the previously approved authorization to' disturb final cover of the
closed Harris County MSW Landfill No.. 3 (fonnet MSW Perm:it No. 1105) in order to redevelop it as a
shipping container and chassis storage parking area. The request has been prepared by SCS Engineers,
and it has beel' sealed and signed by Mr. David J. Mezzacappa, P.E,; on behalf of La Port Real Property,
LLC. The site of the closed municipal landfill is located at 900 N. Broadway Street; east of State
Highway 146 in La Porte, Harris. County; Texas.
\
The proposed activity, as previously approved, included site clearing, site grading and repairing of the
areas with waste exposed or seeps, by adding fill sbil over those areas and the a~eas which have less then
2 feet of final cover, paving activities including lime/flyash stabilization of the uppei- foot of soil, a layer
of crushed concrete with geogrid reinforcement, the upper layer of asphalt, and installation of gas vent
trenches and perforated pipes beneath the paving section. The approved documentation described the
existing conditions of the final cover, waste characterization and methane production, the proposed
project and its potential environmental impacts, tbe construction procedures and the design features
including filling, grading, final cover, paving, drainage, and landfill gas management. It also addresses the
long tenn maintenance, and the safety and monitoring during the construction and after the project
completion. The revised request modifies the paving section (drawings and narrative) to replace the
asphalt millings with an asphalt emulsion to be bladed into the top 2-3 inches of the crushed concrete
layer. The documentation submitted certifies that the redevelopment will not create a threat to the public
health or the environment, and indicates that no enclosed structures or underground utilities are planned to
be located over waste disposal areas, and that any waste encountered during the grading process will be
removed, characterized and disposed to a permitted facility. The described procedures for waste
excavation and characterization, as well as for contaminated water discharge appear to comply with the
provisions of Title 30 Texas Administrative Code .(T AC) Section (~)330.955. The submittal indicates
that the construction activities will be done with respect to the 30 TAC Subchapter T provisions. The
supporting documentation includes the required revisions to the original approved workplan.
P.O. Box 13087
· Austin, Texas 78711-3087 · 512-239clOOO ·
p;"!nb <:1 IJJl Ju"'.'tiu: p;:p~( u:;in:.:: .~O~'.h;l:i-eU in::
Internet address: www.tceq.state.tx.us
EXHIBIT
G
Mr. Brian Bommer
Page 2
June 24, 2008
Authorization is granted to proceed with the amended construction activities regarding site re-grading and
pavement, as allowed by Title 30 TAC S330.954(e). Any waste excavated during pr()c~ss must be
disposed to a permitted MSW landfill. Any exposed waste left in place must be properly capped. No
waste shall be left exposed. overnight. Locations where waste was removed shall be backfilled and
compacted to exceed existing grade and provide. positive drainage in accordance with 30 TAC
S330.955(g). Please be aware that the present authorization is covering only the re-grading and paving
activities and it is not a permit for construction of any enclosed structure or underground utilities.
Should you have additional questions regarding this matter, please contact Miki Chilarescu at (512)
239-6175. For written correspondence, please include Mail Code 124 within the mailing address.
Si~C~Y'. V /~. ... ..
L . {. '..
~ ... .
, " , .
~\ .' , .
Richard C. Carn1ichae1, Ph.D., P.E.
Manager, Municipal Solid Waste Permits Se.ction
. Waste Permits Division
Texas Commission on Environmental Quality
RCC/MIic/ff .
cc: 1Mr. David J. Mezzacappa, P.E., SCS Engineers, Bedford
Ms. Nicole BeaIle., TCEQ, Waste Secti.on Manager, Houston Regional Office; MC R-12
MAJOR DEVELOPMENT SITE PLAN
N
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t
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