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CC Resolution No. 2665RESOLUTION NO. 2665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING FINDINGS CONCERNING THE INSTALLATION OF A SANITARY SEWER LIFT STATION AND ASSOCIATED INFRASTRUCTURE AT BAYLAND PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* V6'IIEREAS, the City of Baytown owns land, located at 2641 TX-146 Business, Baytown, Harris County, Texas 77520, known as Bayland Park, which was acquired for park purposes and has been maintained as parkland; and WHEREAS, the City of Baytown's Public Works and Engineering Departments have requested use of approximately a 65'x55' piece of property (the "Property") in a portion of Bayland Park in order to install a sanitary sewer lift station and associated infrastructure for the Baytown Hotel and Convention Center Project, to be located on Bayland Island (the "Project"); and WHEREAS, the Texas Parks and Wildlife Code, Chapter 26, requires that before the City may approve any program or project that requires the use or taking of any public land designated and used as parkland, the City Council must determine that there is no feasible and prudent alternative to the use or taking of such land, and that the program or project includes all reasonable planning to minimize harm to the remainder of the park; and WIIEREAS, on July 9, 2020, the City Council held a public hearing giving all interested persons the right to be heard relative to the proposed change of park use for the Property after publishing notice thereof pursuant to Section 26.002 of the Texas Parks and Wildlife Code; and WIIEREAS, the City Council, after considering clearly enunciated local preferences, desires to make findings that justify the approval of the Project and change in use of the Property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council, hereby makes the following findings as to the use of the Property, consistent with the Texas Parks and Wildlife Code for the Project: (a) the use of the Property will not impact any of the existing recreational improvements at Bayland Park; (b) the use of the Property will result in over a $63 million project, which will address hotel and meeting facility needs identified by residents and businesses within the City; (c) the use of the Property will promote tourism and the convention industry, thus meeting a demand for meeting facilities in proximity of both the Houston Ship Channel and the significant production facilities in the Baytown area; (d) the other possible locations for the Project are either too close to the spoils site of the United States Army Corps of Engineers or too close to the fuel lines serving the marina and the existing power lines; (e) the use of the Property will allow, if desired, the park to be improved with restroom facilities, served by a reliable sanitary sewer service with back-up power to maintain service in storm events or electrical service interruptions; and (f) the use of the Property will be mitigated by (i) the addition of trees, shrubs and plantings to screen the Property, which landscaping will match and blend with the existing park landscaping improvements, (ii) the installation of a hurricane -rated screening wall to further screen the Property, and (iii) the restoration of the surrounding property upon completion of the construction of the Project. Section 2: Based upon the findings referenced in Section 1 hereof, the City Council hereby determines that: (a) there is no feasible and prudent alternative to the use or taking of the Property; and (b) the Project includes all reasonable planning to minimize harm to the Property and the remainder of Bayland Park as a park resulting from the change in use. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 9'h day of July, 2020. 0— e�� 45��nLBRANDON CAPETILLO, Mayo APPROVED AS TO FORM: V KAREN L. HORNER, Interim City Attorney N OF I cobfs0I IegalXaren•files.City Council Resolutions\2020Vuly 9 ResolutionMakingFindingsReBaylandPark.doc 7