02-15-2001 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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0 La Porte 33, L.L.C. 10 450 N. Sam Houston Parkway, East, Suite 152 BD Realty Advisors, L.L.C., Manager Telephone (281) 272-2560 Houston, TX 77060 Fax (281) 272-2561 March 12, 2001 Via: Fax (281) 471-7168 and Regular Mail Mr. Doug Kneupper, P.E. !-1311 City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 P1 A NNINO Re: Rezoning Request #R 01-001 Dear Mr. Kneupper: This letter is in response to the Notice Of Public Hearing for the rezoning request #R 01-001 meeting scheduled for March 159 2001.- -We have'enclosed the opposition form sent with the Notice and this letter shall serve as our written opposition to the proposed Rezoning Request. We are opposed to the rezoning for the following reasons: La Porte 33. L.L.C. owns one acre of land out of the seven acres under the rezoning request. The one acre could not be reasonably developed into the permitted uses under the R-3 requested zoning. The existing zoning, Neighborhood Commercial (NC), allows for the highest and best use of the property. A one acre tract of land located on Spencer Highway (Main Street) is not suited for residential uses and is only suited for commercial uses as dictated by it's size and location. The R- 3 zoning would for all practical purposes, render this property unusable and unsalable. • The property was purchased from the City of La Porte in October, 2000, less. than 6 months ago. The existing NC zoning was in place when the property was purchased, and was a significant material consideration in the sale/purchase price of the property, which the City knew at the time. The City received from us a significantly higher selling price than would have been paid if the property had been zoned R-3 at that time. • There are numerous other commercial businesses along Spencer Highway in the City of La Porte that are not located at a street corner, so having.the City use this as a reason for the zoning change does not appear valid or consistent with previous and current practices of the City. Any actions by the City to rezone this property from the existing NC zoning, would be construed by us as the City acting and dealing in "bad faith" based on the City selling us the property less than six months ago and then rezoning it at a direct material loss in value to us as the City's buyer. If this rezoning continues, we will also consider this action as a taking by the City and will seek compensation for the loss in value. This is a unique situation and the City should consider the roll it has played as the seller of this property and those obligations that may apply. Please reject this rezoning request. Respectfully, La Porte 33, L.L.C. Brad Dill, President BD Realty Advisors, L.L.C., Manager Cc: Dennis Albright