DEPARTMENT: Public Works
DEPARTMENT HEAD: Razi Hosseini, P.E., R.P.L.S.
COUNCIL DISTRICTS IMPACTED: Council District 5
SUBJECT:
Disposition: Right-of-Way Encroachment Permit for Cattleman Square Lofts Development
SUMMARY:
An ordinance authorizing the right-of-way encroachment permit of an existing balcony and support columns from a historic building to be preserved as part of Cattleman Square Lofts development in Council District 5, as requested by ACG Cattlemen Square Lofts GP, LLC, for a fee of $5,000.00 and waiving sections of Chapter 37 of the City Code.
BACKGROUND INFORMATION:
ACG Cattleman Square Lofts GP, LLC, Petitioner, requests a right-of-way encroachment permit for an existing balcony and support columns that are part of a historic building, which encroaches onto a city sidewalk at 811 West Houston Street as shown on Exhibit A attached. Petitioner is requesting an increase from the 10-year term currently provided in Chapter 37 of the City Code to an initial 50-year term for the permit. In addition to the 50-year initial term, Petitioner has requested an automatic renewal for two (2) additional twenty-five (25) year renewal terms. City Council must approve permits which exceed the standard ten year term as allowed by Chapter 37 of the City Code.
ISSUE:
This ordinance authorizes the right-of-way encroachment permit of an existing balcony and support columns from a historic building to be preserved as part of Cattleman Square Lofts development in Council District 5, as requested by ACG Cattlemen Square Lofts GP, LLC, for a fee of $5,000.00 and waiving sections of Chapter 37 of the City Code.
ACG Cattleman Square Lofts GP, LLC, Petitioner, requests a right-of-way encroachment permit for an existing balcony and support columns that are part of a historic building, which encroaches onto a city sidewalk at 811 West Houston Street. Petitioner is requesting an increase from the 10-year term currently provided in Chapter 37 of the City Code to an initial 50-year term for the permit. In addition to the 50-year initial term, Petitioner has requested an automatic renewal for two (2) additional twenty-five (25) year renewal terms. Any future re-renovation or modifications must be approved through the office of historic preservation and are at the sole expense of the owner.
Chapter 37, Section 37-2, of the City Code states that “permits shall be issued for a period of 10 years.” In accordance with Section 37-22, Fee and Consideration Schedule, the fee for a 10-year permit is $500.00. City Council has the authority to approve permits which exceed the 10-year term.
ALTERNATIVES:
City Council could choose not to approve this request; however, doing so may be a safety hazard to the petitioner’s endeavor to maintain the balcony and columns over the public right-of-way.
FISCAL IMPACT:
The right-of-way encroachment permit fee is $5,000.00. As provided by Chapter 37, Section 22 of the City Code, the City may issue a 10-year permit for a fee of $500.00. The fee for the initial 50 year term is $2,500.00 and the additional (2) 25 year terms is an additional $2,500.00 thus resulting in a total permit fee of $5,000.00. This revenue will be deposited into the general fund in accordance with the fiscal year 2021 Adopted Budget.
RECOMMENDATION:
Staff recommends approval of this request to authorize a right-of-way encroachment permit of an existing balcony and support columns from a historic building to be preserved as part of Cattleman Square Lofts development in Council District 5, as requested by ACG Cattlemen Square Lofts GP, LLC for a fee of $5,000.00 and waiving sections of Chapter 37 of the City Code.