03-03-1999 Special Called Meeting of the La Porte Planning and Zoning Commission

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Planning and Zoning C~ission Minutes of March 3, 1999 Page 3 of 5 John Armstrong reviewed the items he thought should be noted based on his review of the Declaration of Covenants, Restrictions, Easements, Charges and Liens for the Texas Import/Export Park. Stuart Haynsworth addressed the Commission and asked for their approval. A motion was made by Mike Jetty to recommend City Council approval of Special Conditional Use Permit #SCU98-001 including consideration of the comments made by John Armstrong, which are as follows: Declaration of Covenants. Restrictions. Easements. Charges and Liens for the Texas Im~ort/Export Park: 1. The submitted draft is obviously boilerplate and has not been specifically tailored to the Texas Import/Export Park. As such, numerous blanks need to be filled in, and numerous incorrect references (such as an incorrect recording reference on page 1) need to be revised. 2. Definitions for the City of La Porte, the Special Conditional Use Permit, and the Development Agreement need to be added. 3. In the definition of Common Areas and Common Facilities, the definition needs to be changed to indicate that at such time as the City of La Porte accepts by easement or fee facilities for park land within the boundaries of the tract, those areas will be removed from the definition of Common Areas and/or Facilities. 4. Provision needs to be included in the Deed Restrictions indicating that whenever there is a conflict between the Deed Restrictions and/or the Development Agreement, the terms of the Development Agreement will control and the Covenants and Restrictions shall be subservient to that. 5. Under Section 5, Additional Restrictions, speck provisions shall be made to prohibit the storage, on even a temporary basis, of shipping containers. Specific provision shall be made to merely allow the temporary loading and/or unloading of shipping containers, but only incidental to the raiUwarehouse areas, or the Light Industrial areas. 6. Covenants and Restrictions should run with and bind the development until a date certain in the year 2049. 7. The date at the end of the document needs to be changed from 1996 to 1999. Protective Covenants: 1. In Section 1, Permitted Uses, we need to refer to the General Plan and Exhibit "D" of the Development Agreement for a list of permitted uses and delete all other references to permitted uses in Section 1.