04-10-17 Regular Meeting of the La Porte City Council

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associated equipment of a recreational or commercial nature, refuse containers or like equipment shall be prohibited, unless effectively screened from view from a public or private street or adjacent building in a manner approved by the Board. Such screening shall shield such stored items and equipment from view from the ground floor level of adjacent buildings. No materials or equipment may be stored within the applicable Set Back Line for any street. The foregoing notwithstanding, outdoor storage is permitted under the following conditions: A) The owner, lessee or other entity in legal control of the particular Tract complies with the following requirements: 1) The area used for outdoor storage is situated east of Powell Road and west of the drainage corridor. 2) The area used for outdoor storage is surrounded on all sides by screen fencing no less than eight (8) feet in height at any point. 3) A landscaping buffer is installed adjacent to and along all portions of the exterior side of the screen fencing, unless both the owner and the City agree in writing that any portion of the landscaping can be omitted for practical purposes. 4) Height of any outdoor storage item does not exceed the height of the screen fencing. 5) No outdoor storage items consist of hazardous materials, including hazardous chemicals. 6) Surface used for outdoor storage is constructed of concrete. B) Additionally, as a prerequisite to the continued allowance for outdoor storage contained in subparagraph “A” above for eligible tracts, Developer (or its successors) must: 1) Commence construction of two buildings fronting State Hwy 146, within twenty- four (24) months of March 27, 2017. 2) Commence construction of all buildings proposed along State Hwy 146, within thirty-six (36) months of March 27, 2017. 3) Should Developer (or its successors) fail to construct any building fronting State Hwy 146 in the prescribe timeline, a masonry fence shall be installed by Developer, or its successors, to provide additional screening along the eastern boundary of the BI portion of the particular Tract. The references in the SCUP to the Declaration and the exhibits thereto, are henceforth related to the Declaration as amended hereby. Except as modified by this Amendment, the Declaration is ratified, and continues in full force and effect. This Amendment is effective when recorded. C:\\Users\\SanchezG\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\DHK5HCCW\\Ex. D to Dev Agmt - Port Crossing - Declaration.docx 3