02-17-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Planning and Zoning Commis~on Minutes of February 17, 2005 Page 8 Staff recommended approval of the Special Conditional Use Permit. Additional reviews will follow at a later date to review an amended general plan and plat. Mr. Sabo asked the City Attorney to advise the Commission on their options due to the pending litigation. Mr. Askins wanted to make sure the Commission was aware of their options. The Commission could table the action indefinitely for the purpose of ascertaining more information or continue the public hearing to a time, date, and location specific. Ms. Haynsworth does not think the City should be concerned with the litigation, but with development issues relating to the land. He noted that postponing action would be of detriment to the owners since market conditions are currently favorable for import/export businesses. Russell Plank, resident of Houston, Texas, is a Developer on the west side of Powell Rd. He is concemed about the portions of the property that are planned for commercial development that are clear of litigation. It is important for his company, National Property Holdings, LP, to receive approval. Joe Fogarty noted that if he ends up being involved in the property, his plans included a 100' landscape buffer between the building and Powell Rd. Mr. Fogarty does not oppose the other portion moving forward. Mr. Sabo clarified that the City is dealing with a general plan and gland -use concept with the representative of the landholders. The City is not a party to the litigation. If the litigation were to change something, then the general. plan would need to be resubmitted. Motion by Dottie Kaminski to recommend to City Council, approval of Special Conditional Use Permit #S0005-003 for the development of Texas Import/Export Park in the 2000 Block of Powell Rd. with the following conditions: 1. This SCUP does not go into effect until amended General Plan, Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by this General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future 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. 4. Said submittals shall be in accordance with the SCUP, the approved General Plan, and the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Second by Nick Barrera. The motion carried. Ayes: Kaminski, Barrera, Finch, Berner, Lawler, Bird and Muston Nays: None Abstain: None