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Planning and Zoning Commission Minutes of March17, 2011 Page 2 of 5 5. Consider recommendation to City Council regarding Special Conditional Use Permit Request #11-91000003. Motion by Danny Earp to approve Special Conditional Use Permit #11-91000003 with changes. Danny Earp withdrew his motion. After lengthy discussion regarding stacking containers two high rather than four high, David Janda asked for a preliminary vote, to put on record, his opposition to amend Item # 4 of Special Conditional Use Permit #11-91000003, from four containers high to two containers high. Motion by David Janda to deny the stacking of shipping containers as stated in item #4, from four containers to allow stacking of two shipping containers high. City Attorney Clark Askins suggested that the motion be in the affirmative. David Janda changed the motion to approve the stacking of shipping containers as stated in item #4, from four containers to allow stacking of two shipping containers high. Second by Danny Earp. Motion Carried. Ayes: Hal Lawler, Dottie Kaminski, Danny Earp, Kirby Linscomb Jr., and Richard Warren Nays: David Janda and Les Bird. Abstain: None Motion by Danny Earp to approve Special Conditional Use Permit #11-91000003 with the following conditions: 1. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development anticipated by this SCUP and the approved plan shall require further submittal and approval of plats, site plans, construction drawings etc. 2. Plan submittals shall be in accordance with this SCUP, ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 3. Proposed construction shall be in accordance with the TCEQ authorization for re -grading and paving activities and not for construction of any enclosed structure or underground utilities. 4. Stacking of shipping containers shall be permitted up to two (2) containers high. 5. Storm water drainage will require on -site detention to mitigate any adverse impact associated with this development. North 8th Street will be graded from discharge point to move the flow to the north into F101 Channel. 6. A statement from the owner/developer specifying clear responsibility for maintenance of detention system shall be noted on the site plan. 7. The owner or developer shall develop a planting plan that includes Benthamii Eucalyptus trees and creates a continuous visual screen. Trees shall be planted along North 8th Street and 400 feet along J & H Streets from an intersection with North 8th Street. Landscaping along North Broadway is also required in accordance with the City ordinance. 8. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 9. An application of geo-tech surfacing shall be applicable per manufacturer's specification. Owner/developer shall provide proof to the City for on -site applications. 10. Provide the City a letter stating responsibility for the maintenance of the Landfill Site. 11. The owner/developer must secure a maintenance bond according to the City's Ordinances, seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance of the Landfill Site for the lifetime of the project. 12. Owner/developer shall submit an annual report to the City describing maintenance activity of landscaping/screening and surfacing occurring through annual period. 13. This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance and this Special Conditional Use Permit.