HomeMy WebLinkAbout08-17-1989 Public Hearing and Regular Meeting® •
' MINUTES OF
PLANNING AND ZONING COMMISSION MEETING
AUGUST 17, 1989
Members Present: Chairman Janet Graves, Commissioners Inge
Browder, Lola Phillips, Eugene Edmonds, Jack
Gresham, Charles D. Boyle, Bobby Blackwell.
Members Absent: None
City Staff: Director of Community Development Joel
Albrecht, Community Development Secretary Nina
Browning, Assistant City Attorney John
Armstrong.
Others Present: Edwin Mills, Gary Davis, David Couch, Debbie
Couch, Janet Wahrlich, S. E. Hootman, Don
Holloway, Randy Woodard, Betty Wright, Juanita
Bello, Lydia Reid, approximately 20 citizens.
1) CALL TO ORDER
• Chairman Janet Graves called the meeting to order at 7:04 PM.
2) APPROVAL OF MINUTES OF THE JULY 20, 1989 MEETING.
A motion was made by Bobby Blackwell and seconded by Inge ~__ _
Browder to approve the minutes of the July 20, 1989 meeting
as submitted. All were in favor and vote was unanimous.
3) OPEN PIIBLIC HEARING
Chairman Janet Graves called the Public Hearing to order at
7:05 PM.
CONSIDER SPECIAL CONDITIONAL USE PERMIT APPLICATION SCU89-004
Mrs. Graves turned the meeting over to Mr. Albrecht, Director
of Community Development. Mr. Albrecht summarized the request
of Mr. David Couch, 9910 Avenue "H". The purpose of this
request is to allow the construction of a 6,000 square foot
storage building for the storing of hay and livestock feed as
well as equipment. They are seeking this permit with the
pasturing of livestock being declared the primary property
- ~ use, the proposed 6,000 square foot building will be the
® primary structure in conjunction with this use.
• s
• Planning & Zoning Minutes
Meeting of 8/17/89
Page 2 of 5
The conditions attached to this type of use are as follows:
1. Pasture area must be setback 25' from property not also
used as pasture;
2. Buildings used for hay storage must be setback at least
30' from all property lines and all other buildings;
3. Animals presently pastured on this property may remain,
but shall by attrition ultimately be reduced to a maximum
of no more than 5 (based on the 2 animals per acre
allowed by Ord. 1501);
4. No commercial boarding or exhibition of animals may take
place on this site.
The property in question is properly zoned and of adequate
size, it therefore meets zoning ordinance pre-requisites. The
recommendation from staff is to grant the Special Conditional
Use Permit subject to the above listed conditions.
At this point Mrs. Graves asked if anyone wished to speak in
favor or opposition of the request. Those speaking were as
follows:
• 1) Edwin Mills, 9930 North Ave. "H" - was in opposition of
granting this request.
2) Gary W. Davis, 9930 North Ave. "H" - supported what Mr.
Mills said and is also in opposition of the request.
3) David Couch, 9910 North Ave. "H" - citizen making the
request. He needs the building to store hay and feed for
animals and equipment.
4) Debbie Couch, 9910 North Ave. "H" - same as her husband.
5) Richard McClelland, 9802 Robin - is in opposition of the
request.
Mr. Albrecht told the Commission that staff received 6 replies
to the notices that were sent out:
i) Edwin Mills - against
2) David Couch - in favor
3) .Mrs. A. W. Davis - against
4) Gaylen Ramm - against
5) Richard P Godfrey - in favor
6) Debbie Couch - in favor
® •
Planning and Zoning Minutes
Meeting of 8/17/89
Page 3 of 5
CONBIDER REZONING REQOEST R89-005.
Mrs. Graves excused Mr. Charlie Boyle from the Public Hearing
and discussion on the request due to conflict of interest.
Mr. Boyle was dismissed at 7:30 PM.
Mr. Albrecht gave the background of the request to the
Commission. The property in the request consist of Blks. 416-
419; La Porte tract; bounded by North Broadway on the west,
Madison on the north, Adams on the south and an abandoned
Southern Pacific rail spur on the east.
Granting this rezoning would constitute an amendment to the
City's Comprehensive Plan and will also have implications for
the City at large. Having acknowledged this however, the
applicant's reasoning and request appears to be sound and
reasonable. Staff recommends granting the rezoning request
of the subject tract to P.U.D. with an underlying Commercial
Industrial land use for the requested zone change area and the
remaining land included in the I.C.N. site plan.
® At this time anyone wishing to speak in favor/not in favor of
the rezoning spoke. They were as follows:
1) Don Holloway, President of International Cargo Network
2) Janet Wahrlich
3) S. E. Hootman
All the above were in favor of the rezoning, no one was in
opposition.
Mr. Albrecht told the Commission that staff received 9 replies
to the notices that were sent out:
1) Dorothy Esppinger - in favor
2) C. Nicolini - in favor
3) Decker McKim - in favor
4) E. Figari - in favor
5) Isabel Reinhart - in favor
6) Ann Monk - in favor
7) Michael Sutton - in favor
8) Josephine Tviola - in favor
9) J. Green - in favor
Mr. Boyle rejoined the Commission meeting at 7:53 PM.
U
• •
Planning and Zoning Minutes
Meeting of 8/17/89
Page 4 of 5
CONSIDER REZONING REQIIEST R89-006.
The request for Light Industrial zoning is for property
located at 423 South 8th Street having present zoning as
General Commercial. Mr. Albrecht informed the Commission of
the purpose of the request for rezoning and also noted a
rezoning to Light Industrial would increase the degree of
setback non-conformity already existing in this building. Due
to the small size of this tract and the lack of any nearby
industrially zoned property, granting this request would have
the effect of creating "Spot Zoning".
In conclusion this request would be contrary to the intent of
the Comprehensive Plan, increase the degree of non-conformity
in al already non-conforming structure, potentially place a
wide range of industrial activities in close proximity to a
developed residential neighborhood and constitute spot zoning.
Staff's recommendation is to deny this request.
Mrs. Graves open the floor to anyone wishing to speak in favor
or against the rezoning request. Those addressing the
® Commission were:
1) Randy Woodard, La Porte State Bank - in favor
2) Betty Wright, 401 S. 7th - in opposition
3) Juanita Bello, 502 S. 7th - in opposition
4) Lydia Reed, 430 S. 7th - in opposition
There were 2 replies received concerning the rezoning:
1) Romeo Bello, 502 S. 7th - in opposition
2) H. Carlos Smith, 1003 East "D" - in favor
4) CLOSE PIIBLIC HEARING
The Public Hearing was closed at 8:15 PM. A short break was
taken at this time and the meeting reassembled at 8:25 PM.
5) CONSIDER RECOMMENDATION REGARDING 8CO89-004
Charlie Boyle made a motion to grant the Special Conditional
Use Permit 89-004, there was no second and the motion died.
Inge Browder made a motion to deny the request and Lola
Phillips seconded. After discussion the vote was call with
4 in favor and 2 opposed, motion passed and request was
denied.
•
Planning and Zoning Minutes
Meeting of 8/17/89
Page 5 of 5
6) CONSIDER RECOMMENDATION REGARDING REZONING REQIIEST R89-005
Mr. Charlie Boyle was excused from the vote and discussion due
to a conflict of interest - 8:30 PM.
A motion was made by Bobby Blackwell and seconded by Eugene
Edmonds to approve the rezoning request to International Cargo
Network as recommended by staff. All were in favor and the
motion passed.
Mr. Boyle returned to the meeting at 8:33 PM.
7) CONSIDER
REGARDING REZONING REQUEST R89-006
A motion was made by Bobby Blackwell and seconded by Lola
Phillips to deny the rezoning request. All were in favor and
the motion passed.
8) PRESENTATION BY MR. ED NOONAN REGARDING PRELIMINARY PLAT OF
THE BAYGREEN COLONY SUBDIVISION.
This item was withdrawn from the agenda by staff due to
insufficient information and will be presented at the
September meeting.
OTHER BUSINESS - Next meeting will be September 14, 1989.
Bobby Blackwell requested some type of workshop with the City
Council; all members of the Commission agreed this was needed
and asked staff to set up the workshop.
9) ADJOIIRNMENT
There being no further business a motion was made by Bobby
Blackwell and seconded by Eugene Edmonds to adjourn. All were
in favor. Meeting adjourned at 8:40 PM.
Respectfully submitted,
. ~/7~
~ /~.~1Z1
Nina Browning, Secreta y
Community Development
Minutes approved on the day of , 1989.
Ja t Graves, Chairman
P1 ning and Zoning Commission
neb-8/21/89
HOM~.. HOMESITES
ACREAGE
INDUSTRIAL PROPERTIES
0
BUSINESS AND COMMERCIAL
PROPERTIES
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MOTEL AND APARTMENT
FRANK R. BOYLE, SR.- FRANK R. BOYLE, JR. - CHARLES D. BOYLE SITES
"20 Years'Experiencein the Bay Area" PHONE 471-2122 202 SOUTH 2ND STREET
P. O. BOX 24
LA PO RTE, TEXAS 77571
To The Honorable Chairman and Commissioners
of the Planning and Zoning Commission of
The City of La Porte
Re: Rezoning Request R89-005
Dear Chairman and Commissioners:
August 17, 1989
I am writing to inform you that I will not.be able to take part in the delibera-
tions, public hearings, or recommendations of the Planning and Zoning Commission
on the above referenced rezoning, in that I am and have been acting actively
as the Broker representing Frank R. Boyle, Jr., who is selling Lots No. Eleven
• to Fifteen, inclusive, in Block No. 419, Town of La Porte, Harris County, Texas,
to Decker McKim, Trustee.
I feel that, under State law, I am not in a position to give unbiased deter-
mination to the proceedings, and therefore wish to advise you that I shall not
be in attendance at any of the meetings on which this matter is discussed.
If other matters
that I might be
further advised
Commission while
zoning.
come up on the agenda for consideration, please advise me so
able to attend the meeting on such other matters, but also be
that I will not be able to attend or be in proximity to the
it is making its determination on the above referenced re-
Yours ve ruly,
~~
!G~~v G
arles D. Boyle
Boyle Realty Compa~
Member, Planning an
Commission, the
City of La Porte
CDB/lc
APPRAISALS- LEASES- PROPERTY MANAGEMENT
Zoning
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SPEAKERS SIGN-IN SHEET
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® Planning & Zoning Public Hearing
CODE ENFORCEMENT
TYPE OF MEETING
David Couch SCU 89-0 04
August 17, 1989
MEETING SCHEDULED FOR
I HAVE RECEIV ED NOTICE OF~THE ABOVE~REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AA4 ~ IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOA'ING REASONS.
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Planning & Zoning Public Hearing
TYPE OF MEETING
David Couch SCU 89-004
August 17, 1989
MEETING SCHEDULED FOR
AUG 1'7 199
CODE ENFORCEMENT
I HAVE'RECEIVED"NOTICE-OF'~THE'ABOVE.REFERENCED PUBLIC HEARING
AND I AM /f~/T IN FAVOR OF OR I AM'
IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOH'ING REASONS.
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SIGN URE
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HOME A DRESS
•
Planning & Zoning Public Hearing
TYPE OF MEETING
David Couch SCU 89-004 -
August 17, 1989
•
MEETING SCHEDULED FOR
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I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AD4
~' ~/ I N
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS.
At this time, approximately•0,.,75 acres is occupied by a large residential dwelling,
a two car detached garage (joined by a breezeway), and an in-ground swimming pool.
There is approximately 1..25 acres under fence; that includes a barn approximately
24 ft. x 30 ft. in size. The fenced area is not maintained and animals escape from
~,Ti..s ~,~.. €et~e~ea~-ar-e }. ~ ~ ~ ,.a,., ~ ~.~r „ ~ five
(5) cows,.two (2).pigs,rand an unknown number of chickens.
.. ' s home
and property owned by Mr., Rameriz, therefore it would not be availble to be included
•in the area required to construct the 6,000 s.,f. building in question.
The only remaining property available for such a building is an area approximately
121 ft. x 100 ft. (not an actual measurement due to fence layout) on the front
ilable for
the b ding would be directly next to my home. I already fell threatend by a
f'. eat in li t of t fa t approximately twenty-five (25 +) bails of
~., ,'` 9924 North Avenue H
SIG A RE
La Porte, Texas 77571
HOME ADDRESS
round hay lie directly next to my home, also, two tractors, two hay bilers, one
mower, trailers, and miscellaneous other pieces of equipment, etc. are included.
Also, there are several mounds of dirt that have been hauled in directly next to
my home that have not been spread and have grown up with grass, etc. Also, raw
sewage r~s in various open ditches across the described property.
In an effort to remain a good neighbor, I have tolerated the above without a word,
but in light of the facts described above, my objection lies with the possibility
of the building being built directly next to my home, causing an even larger eye-
sore, an even greater fire hazard, and a drastic decrese in the value of not only
my property, but that of our surrounding neighbors.
Yours respectfully.
1 \ ® •
Planning & Zoning Public Hearing
TYPE OF MEETING •'
David Couch SCU 89-004
August 17, 1989
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF 4&-I~AI+s --°~-~~ ~------ IN--°
O~@S-I~I-0N-OF GRANTING THIS REQUEST .F-A•F~ G--R~ASO•N•&.
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Planning & Zoning Public Hearing
TYPE OF MEETING
David Couch -SCU 89-004
August 17, 1989
MEETING SCHEDULED FOR
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CODE F~yfCRCE~~IT
I HAVE RECEIVED NOT CE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AM IN
- OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS.
•
SIGNATURE
HOME ADDRESS ~ ~~ ~/
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• Planning & Zoning Public Hearing
TYPE OF MEETING ~~
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
. I HAVE RECEIVED--NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR -
Q p D!1 T ~-- TLd.-Trc~~~ir5`~ ~' 0 -
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SIGN TURF G~
HOME ADDRESS
RECE9V~®.
AUG U ~ 1989
CODE E(dFORCEMENT.
1 1. ® •
® Planning & Zoning Public Hearing
TYPE OF MEETING
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
~~~CB~~®
AUG ~ 0 19~~
CODE ENFORCEM~{~
~~ I HAVE RECEIVED~IVOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF Off' .~
GRANTING THIS REQUEST FOR THE FOLLO4-'ING REASONS.
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Planning & Zoning Public Hearing
TYPE OF MEETING ~~ ,.
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AM IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOWING REASONS.
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® Planning & Zoning Public Hearing
TYPE OF MEETING ~~ ..
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
_ .... -_ I---HAVE .RECEIVED-NOTICE- OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM ~ ~c.°S' IN FAVOR OF OR I AA4 IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS.
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HOME ADDRESS
•
Planning & Zoning Public Hearing
TYPE OF MEETING
ICN Investment Corp. R89-005
August 17, 1989
AUG 1 b 1~~9
BODE ENFO.~C~ME,~
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM ~/~ IN FAVOR OF OR I AM
IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOti'.ING REASONS.
SIGNATURE
~~~~ .r ~C"~~ ~ 7 a~ 6
HOME ADDRESS
~~
® Planning & Zoning Public Hearing
TYPE OF MEETING ~~ ..
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM ~ IN FAVOR OF OR I AM IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOti'ING REASONS.
SIGNATURE ~
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HO ADDRESS
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~~~~~~~®
Planning & Zoning Public Hearing
TYPE OF MEETING
ICN Investment Corp. R89-005
August 17, 1989
Auc s ~ 199
CODE E~IFORCEMEIdT
MEETING SCHEDULED FOR
I HAVE .RECEIVED NOTICE OF~THE ABOVE REFERENCED PUBLIC HEARING
AND I AM ~ IN FAVOR OF 9~R -did"
GRANTING THIS REQUEST FOR THE FOLLOH'ING REASONS.
I feel that the project being proposed for this site
will be an asset to the City.. I cannot imagine
that there would be any opposition to it.
SIGN, RE
Michael J. Sutton.
P. 0. Box 130507
Houston, Texas 77219
HOME ADDRESS
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Planning & Zoning Public Hearing
TYPE OF MEETING
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
BUG 1 b 19~~
~OD~ E~l_FO~C~M
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM
IN FAVOR OF Chi--~^ IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS.
SIGNATURE
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HOME ADDRESS
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Planning & Zoning Public Hearing
TYPE OF MEETING ~~
ICN Investment Corp. R89-005
August 17, 1989
MEETING SCHEDULED FOR
I HAVE RECEIVED N CE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM IN FAVOR OF OR I AM IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS.
SIGNATURE ~ ~`
HOME ADDRESS ~ ~ v) ` Q
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RECEIIIE~
AUG 15 199
CODE ENFORCEMEi~T
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PLANNING & ZONING COMMISSION
PUBLIC HEARING
SPEAKERS SIGN-IN SHEET
All speakers will be limited to five minutes. .
Conside -~ ~ ~ request to rezone 61~~ ~~6 - ~~9
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W~~i~--L; ~ry
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PLANNING & ZONING COMMISSION
PUBLIC HEARING
SPEAKERS SIGN-IN SHEET
All speakers will be limited to five minutes.
Co ider La %a~ ~e ~f«- e /~a~. ~~ request to rezone Lis l1 ~ ~~'
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® Planning & Zoning Public Hearing
TYPE OF MEETING
La Porte State Bank R89-006
August 17, 1989
MEETING SCHEDULED FOR
I HAVE P.ECEIV-E-D~ NOTICE- OF THE ~ ABOVE REFERENCED •PUBLIC HEP_RING
AND I AM ~ IN FAVOR OF
'THIS REQUEST FOR THE FOLLO4~TING REASONS.
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HOME ` ADDRESS
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AUG v 8 1988
CODE E1yf0
® ~ RCEM~T
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Planning & Zoning Public Hearing
TYPE OF MEETING
La Porte State Bank R89-006
August 17, 1989
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MEETING SCHEDULED FOR
I HAVE""RECEIVED'NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM ~ IN FAVOR OF OR I AM ~~ IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOh'ING REASONS.
~~-=~.-
SIGNATURE ~ ~~-~ %. ,7 757
HOME ADDRESS
•
Planning & Zoning Public Hearing
TYPE OF MEETING
La Porte State Bank R89-006
August 17, 1989
AUG ~ pJ ~g~~
CODE E~~pRCEME~~'
MEETING SCHEDULED FOR
I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING
AND I AM
IN FAVOR OF OR I AA4
IN
OPPOSITION OF GRANTING THIS REQUEST FOR THE FOLLOA'ING REASONS.
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SPECIAL CONDITIONAL USE PERMIT SCU89-004
CITY OF LA PORTE
APPLICATION FOR
SPECIAL CONDITIONAL USE PERMIT
---------------------------------------A~~li~~ti~~-N~~~--:f~:-~-~--
OFFICE USE ONLY: Fee: $100.00 Date Received: }'-c:Re1-.?9
Receipt No.: CJ?/~~ Cj
Certified Plans Submitted: 5u~ue.,/
( ) General Plan () Major Development Site Plan
( ) Minor Development Site Plan ( ) Preliminary Plat
p~;~~~-M~~i~~-R~~~~~t~-----ts~~~~d---C~-t=;-Ul~~--------------------
Ma i 1 ing Address: C\ C\ \ \:) ~ '\) <?-- \\-
l~ot~e..i~.lI5l\
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City/State:
BUSINESS NAME:.
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
ZONE: J{ -I
TYPE OF BUSINESS:
~~ .&~-~~
Date
Phone: 4) \ - 6" a L..\~
4~3- ~l06
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-Owner or Authorized Agent
----------------------------------------------------------------------
-
OFFICE USE ONLY
~ /11/ tier
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Date of P & Z Public Hearing:
Recommendation: Y or N
Date of City Council Meeting:
Zone: g ~ I
This application is:
CLP JOB f:
Conditions:
Approved: Y or N
Approved ( )
Permit If
Denied ( )
(If Assigned Yet)
Date
CED/1-'87
Zoning Administrator
SPECIAL CONDITIONAL USE PERMIT REQUEST SCU89-004
Requested For:
2.2490 acres of land being 2.0027 acres out
of the west 1/2 of Outlot 487, La Porte
outlots and 0.4263 acres acquired by writ of
possession dated January 18, 1974 (See
Exhibit A)
Address:
9910 Avenue "H"
Zoninq:
R-l, Low Density Residential
Requested By:
Mr. & Mrs. David L. Couch, owners
Background & Analysis:
The property in question is located on the western end of
North "H" street.
The Meadowcrest Subdivision is located on the
opposite side of "H" Street to the north. To the south, the
property
abuts a
public park
located in
the Creekmont
Subdivision. Large lot residential homesites flank the property
to the east and west (See Exhibit B).
The applicants, whose home is located adjacent to this
tract, are requesting a Conditional Use Permit to allow the
construction of a 6,000 square foot storage building. The
purpose of the building is for storage of hay and livestock feed
as well as "equipment."
The applicants presently pasture horses on this tract. This
is a listed accessory use on "Large Lot" residential tracts.
Accessory buildings of up to 2,000 square feet are allowed on
"Large Lot" tracts.
Pasturing of livestock as a primary use is permitted on
"Large Lot" tracts on a Conditional basis (Section 5-600, Table
A). As noted, the applicants' homesite has been excluded from
the described 2.4290 acres. They are seeking this Conditional
Use Permit so that pasturing of livestock will be declared the
primary property use. The proposed 6,000 square foot building
will be primary structure in conjunction with this use.
The conditions attached to this type of use are as follows:
1. Pasture area must be setback twenty-five (25) feet from
property not also used as pasture.
2. Buildings used for hay storage must be setback at least
thirty (30) feet from all property lines and all other
buildings. (Southern Building Code)
3. The animals presently pastured on this property may
remain but, shall by attrition ultimately be reduced to
a maximum of no more than five. (Based on the two
animals per acre allowed by Ord. 1501.)
4. No commercial boarding or exhibition of animals may
take place on this site.
As livestock is presently being pastured at this location,
denial of this permit will not affect the applicant's right to
continue to do so as an accessory use. If However, the permit is
granted, the pasture area must be brought into conformance with
all the above listed conditions.
Conclusion:
The property is question is properly zoned and of adequate
size. It therefore meets zoning ordinance prerequisites.
Recommendations:
Grant SCU89-004 subject to the above listed conditions.
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I . 0. 42103 ~CRES ACCQUlRED 05'-1
I ~ 0 BY WRIT OF POSSE.SSION 1-18-74 '-:1
<" Vol 1023 Pg. 331 H.C.D.R. $i
-1 0.5.' SOUTH It OUTLOT 231 ro490lnd. '-3')
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CHARLES E. BATES & ASSOCIATES
REOISTI!ER.O PUBLIC SURVEYORS & CITY PLANNING CONSULTANTS
"1".,0 &. LAMBUTH . DEER PARK, TEXAS 77330 . 479-!5B23
WEsT 242.36' /"".tnd,Si8""R.
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SURVEY MAP
\\H// STREET
(80' Ro.W)
OF 2.4290 ACRES OF LANO
BEING 2.0027 ACRES OUrOF
THE WEST f/2 OF OUTLOT 48~
LAPORTE OUTLOTS AS PER
VOL. 61 FG. 374 H.C.D.R. AND
0, 426:3 ACRES ACCtyUlRED BY
WR.IT OF POSSESS/ON DATE.[)
JAN. /81 /974 AND RECORDED
IN VOL. /023 AS. 33/J H.C.DR.
CITY OF LA PORn:) HARK/S
COUNTY; TeXAS.
SCALE: /11=((,0'
SURVEYt::.O: JUL Y 3,1989
Nole'This lurvet has not been abstrQC'te~ by 1ha surveyor.
I hereby CIHo' i fy 'hat th 1:1 'Ul"Ylty "as rIllde on the
VI"ound. 'ru' this plat co,.r-eetly ".p"jn~nts the fset,
found .t 'tn.. II"'. of 'uryo, and that this prof..si"n,'
'."'1lc. confor_. to ttu cu,.,.ent T..a, $ur"eyor,
"'stoel.tion t.nd...d and Specifications for.
C.t.g COl'lcfltl II$u"'" .
EXH'B'T A.
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eXHIBIT B
REZONING REQUEST R89-005
CITY OF LA PORTE
APPLICATION FOR
ZONE CHANGE REQUEST
Application No.:
OFFICE USE ONLY: Fee: $100.00 Date Received:
Receipt No.:
(v( Site Plan () Minor Development Site Plan
( ) Major Development Site Plan / ( ) General Plan
( ) Site Plans Submitted on 7 ?--;/<;;q
. ,
2'1- 005
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01/ J'
APPLICANT1S NAME:
ICN M~n~gprnpnt A~~nr;~t~~
Address:
Date:
7/28/89
Signature:
PH: 711-Q,)1-n055
600 Jefferson II')')') H(m~tnn I 'T'Y
ICN Investment Co Managing Partne
0'\tH1ER 1 S NJlJ.1E: Land under contract to G. Decker McKim. Trll~tpp fm- TC'N M"'THl86'ment
Associates
Address: P. O. Box 1711 hPn.,..te>, TX 77571 PH: 471-3611
Property Legal Description: Blocks 416.417.418, 41q
(x) See Attached
I AM THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND
IS AUTHORIZED TO FILE THIS APPLICATION ON MY BEHALF.
Date:
Signature:
Zone:
GC
Requested Zone Change:
BI
SIC No.
b???
-Proposed Usage:
Refrigerated Warehouse
OFFICE USE ONLY
1) Planning & Zoning: (a) Preliminary Meeting -
(b) Public Hearing/Mtg. -
AI/)
9//1/y1
Recommendation:
Applicant Notified of Date(s): (v)
1st t-1tg.
V
,1
( -t.ir 2 n d ~1 t g .
Adjoining Property Owners Notified:
2) City Council:
(a) Regular Jl:eeting
(b) Public Hearing/Mtg. -
Approved
Denied
)
)
Adopted by Amendment. Ord. if 150 1 -
CONTINUED ON NEXT PAGE
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I nterneti onel Cergo Net work
Zonl ng Chonge Request
610cks 416, 417, 416, 419
Loporte, Texos
Barbours Cut Boulevard
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MADISON
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TYLER
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REZONING REQUEST R89-005
Requested For:
Requested Zoninq:
Present Zoninq:
.Requested By:
Blk 416-419; La Porte Tract (See Exibit A)
Business Industrial (B.I.)
General Commercial (G.C.) (See Exhibit B)
Mr. Don Holloway, President, LC.N.
Investment Corporation, owner
Background:
The tract in question is comprised of four, standard thirty-
two lot blocks which are bounded by North Broadway on the west,
Madison Street on the north, Adams Street on the south and an
abandoned Southern Pacific rail spur on the east (See Exhibit A).
These blocks are presently undeveloped. Madison, Tyler and Adams
Streets are all open but undeveloped. A street and alley closing
for this tract is currently pending.
The four blocks are part of a General Commercial Zone which
extends to the south across East Main and to the west across
North Broadway. The property to the north is zoned Business
Industrial. The property to the east is zoned R-2, Mid Density
Residential (See Exhibit B).
As indicated by the City's Land Use Plan there is a public
park proposed for the property located south of the tract in
question (See Exhibit C).
Rezone Request R89-005
Page 2
Analysis:
In reviewing the Comprehensive Plan and Zoning Appendix, the
intention. to contain industrial development within "corridors" is
"Northside"
residential
intention to buffer and protect the
neighborhood from industrial
clear. Also evident is the
encroachments (See Exhibit B).
This rezoning, if granted, will represent a major expansion
to the Barbour's Cut corridor and bring industrial development
much closer to the main body of the Northslde neighborhood.
Also to be considered in reviewing this request is the issue
of property ingress and egress and increased traffic. North
Broadway is designated as a "local Collector" street by the
City's thoroughfare plan and is developed as such: i.e. two lanes
of paved surface with unpaved parking shoulder (parking shoulders
are not fully developed for the length of the road). Development
which will make use of North Broadway for truck traffic will
necessitate the upgrading of Broadway. The type of traffic
generated will also make it necessary to amend the City's Truck
Route ordinance to designate North Broadway as a truck route or
allow a truck route to extend two blocks south of Barbour's Cut
Blvd.
It is staff's understanding that the rail spur located along
the east side of the tract being considered here is to be
reactivated into the subject tract. The applicants propose to
develop a landscape buffer west of the tracks. This buffer,
Request R89-005
Page 3
which is not included in the rezoning request is to occupy the
eastern one half of Blks 415 & 420. This area is to be developed
as a private landscaped park facility which will be for use by
the applicants' employees.
The final consideration is one of need. The Comprehensive
Plan has endeavored to establish ratios of commercial and
industrial to residential property. There are currently large
tracts of undeveloped B.I. and L.I. property located within the
City. It is therefore incumbent upon the applicants to
demonstrate the need for a rezoning of this tract.
In demonstrating the need for a rezoning, it is necessary
for an applicant to demonstrate that one of the two following
criteria have been satisfied.
1. There has been an error made in assigning a zoning
designation to a tract or area.
2. Development patterns unforseen by the Comprehensive
Plan have emerged and are sufficient in scope to
warrant an amendment to the plan.
It is clear that the present zoning does not constitute an
error but, rather reflects the goals held by the City and it's
citizens at the time of the Plan's adoption. It must therefore
be demonstrated to the Commission's satisfaction that there has
been a change in development patterns which are sufficient to
justify this rezoning.
It is the applicant's contention that there has indeed been
Rezone Request R89-005
Page 4
an emergence of development patterns unforseen by the
Comprehensive Plan. These changes have come in the form of the
increased activity and the current $80 million expansion of the
Port of Houston's Barbour's Cut Terminal.
The increased Port activity has had the effect of increasing
demand for property on which to develop port related business.
It has also decreased the likelihood of viable residential
neighborhoods or General Commercial centers developing in the
area under consideration.
Ready access to Barbour's Cut Blvd. and the presence of an
existing railroad R.O.W. both serve to make the tract in question
attractive and suitable for Business Industrial type development.
The applicant's reasoning regarding this tract appears to be
sound and worthy of careful consideration by the Commission.
If this rezoning is granted, North Broadway will become the
line of demarcation between Industrial and (to the west) non
industrial uses. The General Commercial zone which runs along
East Main will act as a buffer for the residential neighborhoods
located to the south.
It appears, that with proper property controls in place,
B.I. type development may well be the highest and best use of
land in this area. Due however, to the potential scope of
development in this area and the close proximity of residential
neighborhoods, B.I. zoning may not be the most appropriate zoning
designation for this tract. A zoning designation of P.U.D. with
Rezone Reque5t Ra9-005
page 5
an underlying land use designation of Commercial Industrial
appears to be a more suitable alternative. The Conditional use
procedure which insures Planning & Zoning Commission and City
Council oversight of development standards, will give the City
the means with which to protect the integrity of neighborhood
development. PUD controls should ulltimately be extended to the
entire ICN development.
Given adequate control on the City's part, it appears that
B.I. type development on this tract could comfortably coexist
with existing development in the area and ultimately benefit the
City as a whole.
The major issue which is raised has to do with the primarily
undeveloped R-2 zone located to the east. In the short term, the
park proposed by the applicants will provide an adequate buffer
for this zone. However, accepting the applicant's reasoning
regarding their- tract calls into question the Comprehensive
t:1l::m IE; inte:nt for tIle: e:ntire: #-1 ~on~; Approval of the request
will almost certainly mandate a review of the Comprehensive
Plan's intent for the northeastern quadrant of the city.
Conclusion:
Granting this rezoning will constitute an amendment to the
City's Comprehensive Plan and will also have implications for the
City at large. Having acknowledged this however, the applicant's
reasoning and request appears to be sound and reasonable.
Rezone Request R89-00S
Page 6
Recommendation:
Grant a rezoning of the subject tract to P.U.D. with an
underlying Commercial Industrial land use.
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LEGEND
I MH MANUFACTURED HOUSING
R-I lOW DENSITY RESIDENTIA
R-2 MEDIUM DENSITY RESIDEN
R-3 HIGH DENSITY RESIDENTIAl
i NC NEIGHBORHOOD COMMERCI
I GC GENERAL COMMERCIAL
I, BI BUSINESS INDUSTRIAL PAR
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HI HEAVY INOUSTRIAl
PtJl) PLANNED UNIT DEVEI.-OPME
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~,CITY' OF ..LA PORTE
LAND- USE PLAN
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CONTROLLED ACCESS HWY. ZONE 500' AL{)~
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PUBLIC USES
LOW DENSITY RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAL USES
COMMERCIAL USES
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COMMERCIAL INDUSTRIAL USES
EXHIBIT C
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.........................................
.......................................
.........................................
........................................
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INDUSTRIAL USES
REZONING REQUEST R89-006
~
CITY OF LA PORTE
APPLICATION FOR
ZONE CHANGE REQUEST
---------------------------------------A~~li~~ti~~-N~~~--~~=-~~---
OFFICE USE ONLY: Fee: $100.00 Date Rece i ved : ? - -S/-$?
Receipt No.: ~ ?/JI9--
(J) Site Plan () Minor Development Site Plan
( ) Major Development Site Plan /.... 1(.) General Plan
( ) Site Plans Submitted on 1:":'1 ?it/]
--------------------------------------------------------------------'--
Address:
4/Lre
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I!J 19/1/ J::
APPLICANT'S NAME:
Address:
Date:
OWNER'S
PH: <;1/-29/1
r/~ () See Attached
Date:
~l
Signature:
Zone:
Requested Zone Change: L. JC
!!J IT fU u ~ A-e rU)[1 /lJt
SIC No. 3StS-
Proposed Usage:
-~.
----------------------------------------------------------------------
----------------------------------------------------------------------
OFFICE USE ONLY
Ft: /fv1
1) Planning & Zoning: (a) Preliminary Meeting -
(b) Public Hearing/Mtg. -
Recommendation:
Applicant Notified of Date(s): (~1st t~tg.
Adjoining Property Owners Notified: ~
(f~ 2nd Mtg.
2) City Council:
(a) Regular Meeting
(b) Public Hearing/Mtg. -
Approved ( )
Denied ()
Adopted by Amendment Ord. #1501 - ____
CONTINUED ON NEXT PAGE
I.Jt\LA PORTE
WSTATE BANK
W. Randolph Woodard
Chairman of the Board and
Chief Executive Officer
July 3, 1989
Mr. Joel Albrecht
Director of Camnuni ty Developnent
City of La Porte
La Porte, Texas 77571
Dear Mr. Albrecht:
It has recently cane to my attention that a real estate property recently fore-
closed on by La Porte State Bank is no longer in confonni ty with current City of
La Porte zoning ordinances. I am writing Y9U to give a short history of this
facility and ask you for your advice.
In 1980 a company called Diesel Power Systems constructed a 12,000 sq. ft. office
and warehouse facility on land located at 423 South 8th Street. The company
engaged in the manufacturing and repair of diesel systems. In 1985 the lender
Allied Se.<3brook Bank, foreclosed an t..'1e property due to the bankruptcy of the
CCITq?any. In 1988 La Porte State Bank was approached by one of its custaners to
prrchase the builC',in:J and use the bailding for inventory of equipnent parts and
fabricating of same. In accordance with the zoning cedes they requested a permit
and received same. SUbsequently the borrower, Charles Black/Black Construction
Services, experienced financial difficulty and La Porte State Bank foreclosed in
early 1989.
Upon foreclosure we were inforrred by a real tor that the use of the building by
both the original owner and Mr. Black were not currently in confonni ty with
existing zoning ordinances as passed by the City of La Porte in January 1987.
The building was originally constructed for manufacturing and warehousing. It
v.uuld cause us an enonrous hardship if the building is no longer able to be used
for that purpose.
815 Highway 146 South
1-: 0 Box 1457
La Pune, TcxQ.\ 77571
713/471-2911
Page 2
Mr. Joel AThrecht
July 3, 1989
I appreciate your indulgence in reading this short history and would appreciate
any help your office can give us in detennining why this property was not Grand-
fathered and hCM its original P-lrPQse can be reinstated and used for the benefit
of the City of La Porte.
d
Board and
.ve Officer
WFW/zer
Requested For:
Address:
Requested Zoninq:
Present Zoninq:
Requested By:
REZONE REQUEST R89-006
Lots 11-16; Blk 5; La Porte Tract (See
Exhibit A)
423 South 8th Street
Light Industrial (L.I.)
General Commercial (G.C.)
La Porte State Bank, represented by Mr.
Randolph Woodard.
Backqround:
The property in question is located at the corner of South
8th and West "0" Streets. It is occupied by an approximately
12,000 square foot metal building. The building contains office
and warehouse/shop facilities.
Although ,the building complied with all applicable zoning
requirements at the time of its construction, it has been
rendered non-conforming by Ordinance 1501. The non-conforming
status is due to failure to meet front and rear setback
requirements. A rezoning to Light Industrial would increase the
degree of setback non-conformity.
The last business to occupy the building was Black
Construction Services. On their Zoning Permit Application, Black
listed their business as Paving Contractor (SIC 1611). This type
of business is permitted in General Commercial Zones. Issuance
of Black's Zoning Permit (#88-004, issued 1/14/88) effectively
eliminated any right of pre-existing non-conforming use which may
have been attached to the building as a result of previous
tenants (See Exhibit B).
Analysis:
As noted, the current zoning of this property is General
Commercial. The tract is located well away from any of the
City's industrial corridors. It is further situated immediately
adjacent to a developed single family neighborhood located in the
abutting R-1, Low Density Residential Zone.
The intent of the Comprehensive Plan, as evidenced by the
City's Land Use Plan, is for the development and redevelopment of
South 8th Street as part of the Highway 146 Commercial corridor
(See Exhibit C). Granting this request would be clearly contrary
to the Plans intent.
As also noted in the background section of this report, a
rezoning to Light Industrial would increase the degree of setback
non-conformity already existing in this building. As indicated
on Exhibit 0, the buildable area on this site would be very
limited under Light Industrial zoning.
Finally due to the small size of this tract and the lack of
any nearby industrially zoned property, granting this request
would have the effect of creating a "spot zone."
Conclusion:
Granting this request would:
1. Be contrary to the intent of the Comprehensive Plan;
2. Increase the degree of non-conformity in an already
non-conforming structure;
3. Potentially place a wide range of industrial activities
in close proximity to a developed residential
neighborhood;
4. Constitute spot zoning.
Recommendation:
Deny Rezoning Request R89-006.
NOTE: PLAT RECORDED IN VOLUME 57, PAGE 320, HARRIS COUNTY M^P RecorD:>.
LOT DOES NOT LIE WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING 70 TIlE
FEDERAL INSURANCE ADMINISTRATION FLOOD }~P.
LOTS SHOWN ARE 25' X'125'.
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JUL J 1 1989
CODE. tNfORCEMENI
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M~TAL I3LOC"
SURVEY
OF LOTS 11 THRU 16~ BLOCK 5~ TOHN OF LA POP.TL
SCALE: 1"=30'
DATE: 1-1'2-88
SURVEY BY: T.B.
DRAWN BY: J.E.B.
FOR: STEWART TITLE CO.
C.L.C.,87119(P31
ALLIED SEABROOK BANK
PURCHASER:CHARLES A . BLACK
&: JOYCE' F '. 'BLACK
JOB NO. 84-11555
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'}IEST "D'''' STREET
HARRIS COUNTY1 TEXAS
I HEREBY CERTIFY THAT THIS SURVEY
CONFORMS TO THE CURRENT TEXAS
SURVEYORS ASSOCIAT' "''l STANDARDS
AND SPECIFICATIONS JR A CATEGORY
I B, CONDITION 3 .. HVEY.
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Bill:'!' L. SHANKS
REGISII RATION NO.
SHANKS,SURVEYORS
940 GEl
EXHIBIT A
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CITY OF LA PORTE
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PERMIT NO. 5~t1t!.if
ZONING PERMIT
DATE ISSUED 01-14-88
THIS PERMIT IS ISSUED TO
Black Construction Services
BUSINESS NAME
421-423 South 8th Street, La. Porte
STREET ADDRESS
Lots 11-16~ Block 5~ La. Porte
LEGAL DESCRIPTION
TYPE OF BUSINESS:
PROPERTY ZONE ~)J ~
pavinq Contractor
SIC USE CATEGORY 1611
This permit becomes invalid with
or ownership of this building or
(??t-d6~
Owner or Proprietor
any change of use, occupancy, tenancy
lease spa~~ Jd6l:f-
Zoning a ni ~tor
POST IN A CONSPICIOUS PLACE
EXHIBIT B
CITY OF LA PORTE
ZONING PERtHT APPL TCATI'ON
BUSINESS NAME:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
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<-\y OWNER () PROPRIETOR NAME: Ch/iYLe~ /I. ;6UJC-K
MAILING ADDRESS :- 4'2/ S. BrffSr. PHONE NO: C;~'I SlL( 7
This is a < ) NEW
<X) EXISTING
Building
Rt//~7 UylJ/r4C--rcJ~
The use proposed for this building is:
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-----------------------------~----------------------------~
OFFICE USE ONLY ~- a
Application No. ~g/-
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This application is:
in conjunction with building
Approved ~ Denied
Permi t No. 00 fL
permit
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This application is filed
( )
COMMENTS:
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CED/1-'87
EXHIBIT B
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LEGEND
-_______. n.
CONTROLLED ACCESS HWY. ZONE 500' ALONC
PARALLEL TO HIGHWAY RIGHT -OF- WAY
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'----'
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PUBLIC USES
--
LOW DENSITY
RESIDENTIAL USES
MID TO HIGH DENSITY RESIDENTIAL
USES
JP08
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COMMERCIAL
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COMMERCIAL INDUSTRIAL USES
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INDUSTRIAL USES
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r=XHIBIT C
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NOTE: PLAT RECORDED IN VOLUME 57, PAGE. 320, HARRIS COUNTY MJ\P RCCOr.D:J.
.... '~.."
LOT DOES NOT LIE WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING 70 THE
FEDERAL INSURANCE ADMINISTRATION FLOOD }~P.
LOTS SHOWN ARE 25' X'12S'.
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SURVEY
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HARR 1 S Cot!~ITY. TEXAS
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