HomeMy WebLinkAboutO-1996-1501-V
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ORDINANCE NO. 1501-V
ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 1]lh day of October, 1996, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible
reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing which the
City Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Subsequent to such public hearing, the Planning and Zoning
Commission of the City of La Porte met in regular session on the 17th day of October,
1996, at 6:00 p.m., to consider the changes in classification which were the subject of
such public hearing. The City Council of the City of La Porte is in receipt of the written
ORDINANCE NO. 1501-_
Page 2
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recommendations of the City of La Porte Planning and Zoning Commission, by letter
dated November 1,1996, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 11th day of November, 1996, at 6:00 p.m.,
and pursuant to due notice, to consider the recommendation of the Planning and
Zoning Commission regarding the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There is attached to this Ordinance as
Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a
copy of the notice of public hearing which the City Council of the City of La Porte
hereby finds was properly mailed to the owners of all properties located within two
hundred feet (200') of the properties under consideration.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed in accordance therewith, and
the zoning classification of said parcels of land shall hereafter be " PUD - Planned Unit
Development with a Special Conditional Use Permit" for a trucking operation with tank
ORDINANCE NO. 1501-~
Page 3
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truck cleaning. The conditions of said Conditional Use Permit shall be that the property
be formally platted as a 6.3192 acre tract. Further conditions are as set forth in the
Motion and Recommendations of the Planning and Zoning Commission of the City of
La Porte, and shall be set forth upon the face of the plat. The description of said
parcels of land rezoned to General Commercial is as follows, to-wit:
A portion of Blocks 1203 and 1204; Town of La Porte now known
as Tract 1 K, Johnson Hunter, Abst. 35, and a portion of Tract 37 A
& 37B, George B. McKinstry, Abst. 47
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments to City of La Porte Zoning
Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated
in the City of La Porte's comprehensive plan Ordinance No. 1501 (A), Page 3.
"Section 8. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551. Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed. considered and formally acted upon. The City
Council further ratifies. approves and confirms such written notice and the contents and
posting thereof.
ORDINANCE NO. 1501-1'
Page 4
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"Section 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the 11 th day of November, 1996.
ATTEST:
BYS~ ~
SUE LENES,
City Secretary
CITY OF LA PORTE
BY'~
A.J AN AlO E, ayor
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing
at 6:00 P.K. on the 17th day of October, 1996, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider request R96-004,
which has been requested for a portion of Blocks 1203 and 1204;
Town of La Porte now known as Tract lK, Johnson Hunter, Abst. 35,
and a portion of Tract 37A & 37B, George B. McKinstry, Abst. 47,.
The property in question is further described as being located in
the 1700 Block of South 16th Street, La Porte, Texas. The request,
which has been submitted by Robert C. Boncosky, the owner's agent,
seeks to have the property in question rezoned from Planned Unit
Development (P.U.D.) to Heavy Industrial (H.I.)
A regular meeting of.the Planning and Zoning Commission will
follow the public hearing for the purpose of acting upon the public
hearing items and to conduct other matters pertaining to the
Commission.
Ci tizens wishing to address the Planning and Zoning Commission
pro or con during the Public Hearing will be required to sign in
before the meeting is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary
EXHIBIT A
1200 Hwy. 146
Suite 180 ' .~.
P.O. Box 1414
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The
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bumgarner, duly authorize
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of September 29r 1996
NOTICE OF PUBLIC HEARING
In accordancd With.:\ is ;"":-,_01=;:-,,,= _
2~~= 1~~::'~~_:~~~~~_~~_~:-~-_-&-~L
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I _ ~..._ I""IIII___~__ __....I..__!__ _______!_ _._
will conduct a DUblic haarin;; At B.nn n m
on the 17th day of October~ 199fl, ,-:~:
"___-=1 ""I..__L._...;./. _6.&1-._ _IJI.. ._.JII _....~ ....
~~;~~if~~~~~~:~~~~~;;'~~~
,.,.... VI U I ta'~IIIU .. IUlAJll~~1 II"ILIUMSI
R96-0 4, h his -tieen'requlstlld for A
portio f I ks .03 a.Afl1-204; Town Of
La Porte now noliias:Tr#ct 1 K, Johnson
Hunter, Abst. ~, an~ a pOrtion of Tract 37 A
& 37 B, George B. McKinstry. Abst. 47. The
property in question is further described as
being located in the 1700 Block of South
16th Street, La Porte, Texas. The request,
which has been submitted by Robert C.
Boncosky, the owner's agent, seeks to have
the property in question rezoned form Planned
Unit Development (P.U.D.) to Heavy
Industrial (H.I.).
A regular meeting of the Planning and
Zoning Commission will follow the public
hearing for the purpose of acting upon the
public hearing items and to conduct other
matters pertaining to the Commission,
Citizens wishing to address the Planning
and Zoning Commission pro or con during
the Public Hearing wll/ be required to sign
in before the meeting is convened.
CITY OF LA PORTE
City Secretary
Sue Lenes
~1~ '
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Sandra E. Bumgarner
Office Manager
this L day of'77~
~~.pf~
Not Y Public
Harris County, Texas
Sworn and subscribed before me
A.D. 19.1k..
i;.#_I").-
;~ ..~,. FRANCES M, WILLIAMS ~.
),\ i * NOTAltYPUBLIC, 8TATI OF TEXAS ~
~ ;. " MY COMMISSION EXPIRES ~
,'" "}'~OF1~ MARCH 26. 1998 \-
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EXHIBIT B
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1200 Hwy. 146
Suite 180
P.O. Box 1414
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a"I~' '~'V"S'" ore
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'Voice OI(r}'~}l(I!l~~'ore:S.ince 1947'
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The
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Sandra E. Bum~arner, duly authorize
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says th~ attached notice was
published in The Bayshore Sun of September 29. 1996
.....
Sandra E. Bumgarner
Office Manager
NOTICE OF PUBLIC HEARING
In accordanCl! w~.~ Ie provisions of
Ordinance 150'1'; the City of La Porte Zoning
Ordrnance. notice is' hereby given that the
La Porte Plan~ng and Zoning Commission
will conduct a public hearing at 6:00 p.m.
on the 17th day of October, 1996, in the
C9uncll Chamber! of the Cltyjf",. 604 West
FBirmopfParkway, La. ~~rtQ;~xas. The
pu ofheajingJS~ rrequest
R9~4, ~Ch hts be~requ sted for a
portiOrl;,~BI~ks 1103 ~204; Town of
La Porte now .~no~ as:'t~ct 1 K, Johnson
Hunter, Abst 35, an~ a portion of Tract 37 A
& 37 B, George B. McKinstry. Absl47. The
property in question is further described as
being located in the 1700 Block of South
16th Street, La Porte, Texas. The request,
which has been submitted' by Robert C.
Boncosky, the owner's agent, seeks to have
!he property in question rezoned form Planned
Unit Development (P.U.D.) to Heavy
Industrial (H. I.).
A regular meeting of the Planning and
Zoning Commission will follow the public
hearing for the purpose of acting upon the
public hearing items and to conduct other
matters pertaining to the Commission~
Citizens wishing to address the Planning
and Zoning Commission pro or con during
the Public Hearing will be required to sign
in before the meeting is convened.
CITY OF.LA PORTE
City Secretary
Sue Lenes
Sworn and subscribed before me this ~ day of>7~~~~~c.-
A. D. 19 -q C. . , ~ +-'4-?1.-..-:.id in. ';'7)lA'-,~
~y Public
_.Harris County, Texas
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EXHIBIT B
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City of La Porte
Established 1892
November 1, 1996
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezoning Request #R96-004
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its October 17, 1996, meeting, held a
public hearing to consider Rezoning Request #R96-004. The request, submitted by Robert C.
Boncosky, the owner's agent, seeks to rezone a portion of Blocks 1203 and 1204; Town of La
Porte, now known as Tract lK, Johnson Hunter, Abst. 35, and a portion of Tract 37 A & 378,
George B. McKinstry, Abst. 47. The property in question is further described as being located
in the 1700 Block of South 16th Street, La Porte, Texas. The applicants seek to have the
property in question zoned Planned Unit Development (P.U.D.) with a Special Conditional Use
Permit for a trucking operation with tank truck cleaning.
The Planning and Zoning Commission has, by unanimous vote, recommended that Rezoning
Request #R96-004 be approved.
Respectfully Submitted,
~ .,~
Betty ~
Chairman, Planning and Zoning Commission
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
EXHIBIT C
P.O. Box 111'5 · L,Porte,Texas77572-1115. (713)471-5020
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on
the 11th day of November, 1996, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider rezone request #R96-004, which has been
requested for a portion of Blocks 1203 and 1204; Town of La Porte
now known as Tract 1K, Johnson Hunter, Abst. 35, and a portion of
Tract 37A & 37B, George B. McKinstry, Abst. 47,. The property in
question is further described as being located in the 1700 Block of
South 16th Street, La Porte, Texas. The request, which has been
submitted by Robert C. Boncosky, the owner's agent, seeks to have
the property in question zoned Planned Unit Development (P.U.D.)
with a Special Conditional Use Permit for a trucking operation with
tank truck cleaning.
A regular meeting of the City Council will follow the public.
hearing for the purpose of acting upon the public hearing items and
to conduct other matters pertaining to the City Council.
Citizens wishing to address the City Council pro or con during
the Public Hearing will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Sue Lenes
City Secretary
EXHIBIT D
1200 Hwy. 146 :' ,
Suite 180
P.O. Box 1414
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County of Harris
State of Texas
THE STATE OF TEXA!'
COUNTY OF H~ RRIS ...
CITY OF LA PC.MTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of
Ordinance 1501, the City of La Porte Zoning
S Ordinance, notice is.hereby given that the
I La Porte City Council will conduct a public
hearing at 6:00 p.m. on the 11th day of
November, 1996, in the Council Chambers
of the City Hall, 604 West F.alrmont
. Parkway, La Porte, .xas. The purpose of
this hearing is t~c sider re;Pfli' request
#R96-004 which s n req sted for
a portloilOC 1203 nd, 4; Town
of La~ a$' 1 K ohnson
Hunt, st. , d a' rtion of ct 37 A
& 37 G e B.l'Y1cKlnstry, Abst. 47. The
prope in question is further described as
being located in the 1700 Block of South
16th Street, La Porte, Texas. The request,
which has been submitted by Robert C.
Boncosky, the owner's agent, seeks to have
the property in question zoned Planned Unit
Development (P.U.D.) with a Special
Ccn:IiIionaI Use Pennit for a trucking operation
with tank truck cleaning.
Before me, the undersigned authority, on this date
A regular meeting of the City Council will
came and appeared Sandra E. Bumgarner, duly authorized follow the public hearing for the purpose
of acting upon the public hearing items and
agent of The Bayshore Sun, a semi-'veekly newspaper to conduct other matters pertaining to the
City Council.
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of October 27, 1996
Citizens wishing to address the City Council
pro or con during the Public Hearing will
be required to sign in before the meeting
is convened.
CITY OF LA PORTE
City Secretary
Sue Lenes
~)l.~
"Sandra E. Bumgarn r
Office Manager
Sworn and subscribed before me this ~ day Of~~
A.D. 19~. __ + III ~
c: N-O~ . .
Harris County, Texas
. .: J<..:t"'",..~~~~~,
; .:~ o.,l\V lOti. FRANCES M. WILLIAMS;.
;;~ : ~ r,: NOTARY PUBUC, BTAT! OF TEXAS (:
,'~ ~ it'" MY COMMISSION EXPIRES ~.
:. 1'(>0' MARCH 26, 1998 ~.
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EXHIBIT E
1200 Hwy. 146
Suite 180
P.O. Box 1414
County of Harris
State of Texas
, THE STATE OF T~!\ .
,:.'c;QUNTY OF H/-RRIS ;,.
. CllY OF LA pES.U'E ' , .
,~~r.
.~.~,~'NOTICE OF PUBLIC HEARING
!i\~. .'
.' ~ In accordanj:e with the provislo~~. of
Ordnance 15Of, the CIty of L8. Porte ZOOlng
S Ordinance, notice is.hereby given that the
I ~ Porte City Council will conduct a public
h88ring at 6:00 p.m. on the 11th day of
November, 1996, In the Council Chambers
. of the City HalI'104 West F.airmont
Parkway, La Porte, iexas. The purpose of
this hearing is to COf'Sider re_~~' request
#R~~-004 which"as b'e'tn reqUfsted for
a portion fblockJ' 1203 ~d ~2.04; Town
of La ~ ~!S-J'act 1 tQJohnson
Hunt ,~sl.~. ~d (portion of1t8ct 37A
& 3 G~e B.~cKinstry, Abst. 47. The
prope .in question is further described as
be.ing located in the 1700 Block of South
16th Street, La Porte, Texas. The request,
which has been submitted by Robert C.
Boncosky, the owner's agent, seeks to have
the property in question zoned Planned Unit
Development (P.U.D.) with a Special
CadIionaI Use PermIt for a trucking operation
with tank truck cleaning.
e
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Before me, the undersigned authority, on this date
, A regular meeting of the City Council wiil
came and appeared Sandra E. Bumgarner, duly author lzed follow the public hearing for the purpos.e
of ac;til)g upon the publiC hearing items 8Dd
agent of The Bayshore Sun, a semi-weekly ne\V'spaper to conduct other matters pertaining to the
City Council.
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of October 27, 1996
Citizens wishing to address the City Council
pro or con during the Public Hearing will
be required to sign In before the meeting
is convened.
CITY OF LA PORTE
, City ~,&C?~~
." ...... ,. ...,Si,le.~nes.
JiA,_)/c,/_ j, /L-<;.P'v~
~andra E. BUmgarn~r
Office Manager
me th i s ~ day ofl'l,-z.u~-c<-,,~
,~~<<.,h.~
Not 'y Public .
Harris County, Texas
Sworn and subscribed before
A.D. 19q~ .
, -;...;:..-;..-""'".......:,;;.t'___~....,;....._ _ .
EXHIBIT E
ll-BS-1996 12:3JPM ~:,OR i EHGRS INC
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Being 6.3192 acres ofiand dJcnbed in Correction General Warranty Deed ~ rded
und.r Film Code No. 036-000816 of the Harris County Official Public Record~ Real
ProPerty; being out of a portion ~ Block 1203 (called 1236 In said correction d:ee ,out
. of a;portl~n of Block 1204 (call~ 1235 In said conectlon deed), out ofa portio~ of est
Q street, ancf out of a portion of 1!7" Street, per map of the City of La Porte, TexaS, 'V lume
. eo, Page ~12. Ha,* Col:lnly Deekt Records; being out of the George B. McKinstrY S rvey,
A-4? and; th~ JO~i18Ori. Hunter I Survey, A-35, Harris County, Texas; and be;ng more
: particulaf1y cfe&cnbed by metes and bounds as follows: !
: :. i :
. ~ CO~MeNCING far refeience at the intersection of the westerly line of Powell Ro~d ( lied
. 16~ Stre.t Qn abOve ~Id map I of the City of La f:'orte, Texas); 60 feet wide; wi the
. so~herlyj line of West Q Streej (as shown on above said map of the City of l.a orte,
: Texas), eo feet wide; . i 1
. ; :. I .'
: TH~NCE~' N. 02056'39;': W, 15.~7 feet along the wester1y line of Powell St~t
! ~ POINT OF B~GINNING; !
. : ;. : i ;
. TH~NCE! S:86059'3Sft.W, 917.~5 feet along a line within the right-at-way of a~ov said
: i i West Q Street, to a JPoint in the easter1y line of the Southern Pacifiq Ra lroad
: i r1ght-of.;.way; ! ~
: :' . ! i
. TH~NCE~ N 03003'22/' W, 30droo feet along the easterly line of the Southetn
: ~ ; Railroad right-of-wsYr, to a point for comer; ~
; ; .: :
. TH~CE~ N~ 8605$'35'~ e, 917.~4 feet to a point in the wester1y line of Powell *tr
. : :. .. : !
: TH~NCE~ S 02058'39" E, 300.0q feet along the westerly line of Powell Street td th
. ~ ; o~ beginning; I .
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CITY OF LA PORTE
Permit No.
Sctr96-003
SPECIAL CONDmONAL USE
PERMIT
CLP Job No.
N/A
ORDINANCE 1501
This permit is issued to:
Robert C. Boncosky
Owner or Agent
1301 Industrial Drive. Lane In The Hills. IL 60102
Address
For Development of:
Trucking Operation with Tank Truck Cleaning -
Development Name
1700 Block of South 16th Street
Address
Legal Description:
A portion of Blocks 1203 & 1204: Town of La Porte now
known as Tract lK. Johnson Hunter. Abst. 35. and a
portion of Tract 37A & 3m. George B. McKinstry. Abst.
47.
Zoning:
Planned Unit Development
Permit Conditions
Failure to begin construction within one (1) year after issuance or as scheduled under the terms
of a special conditional use permit shall void the permit as approved, except upon an extension
of time granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special coriditional use
permit may be rescinded by the City Council, upon it's own motion or upon the recommendation
of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the
entire tract shall be in full effect on the portion which is undeveloped.
Additional Conditions - See Exhibit ......A-
Validation Date:
11/11/96
~
C-~(J -, ~
City Secretary
"f~<<'''I(JS(!S'-
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Special Conditional Use Permit #96-003
Additional Conditions
1. The property be formally platted as a 6.3192 acre tract.
2. Any development beyond that currently presented will require a separate Special
Conditional Use Permit.
3. No changes or amendments shall be made to the recorded General Plan (site plan) and
covenants without flfst obtaining authorization from the City of La Porte.
4. Drainage plans shall be approved by Harris County and the City of La Porte.
5. It sho~.dd be noted in the deed covenants that the use of this property is limited to a
trucking operation, which includes tank truck cleaning.
6. Applicant's submittal and filing of a General Plan (site plan) in accordance with the
City's Zoning Ordinance 1501, Sections 8-400 and 10-100.
7. Proposed deed restrictions, assessments, and covenants shall be approved by the City of
La Porte and included on the General Plan (site plan) prior to the formal recording of
said document.
8. Landscaping shall be located across the front of the property to provide compatibility
with proposed neighboring residential land uses. Required landscaping shall ,be properly
maintained in the future.
9. All owners of said property should provide their signatures authorizing the platting of the
6.3192 acre P.U.D. tract.
10. Ask the developer to place any buildings near the front or South 16th Street frontage
along with the landscaping referenced in Item #8. The tank cleaning and truck operations
would be located in the rear or west side of the property.
11. Ordinance #1352 amended Chapter 25, Article V, S. 25-84, of the City's Code of
Ordinances, to read: Truck terminals shall be located in areas directly adjacent to the
right-of-way of a designated truck route. Section 25-81 identifies 16th Street, from
Barbours Cut Blvd. south to Fairmont Parkway, as a designated truck route.
The property is located south of Fairmont Parkway and is not currently on a designated'"'
truck route. Approval of the proposed truck terminal (SIC #4231) should be subject to
this portion of 16th Street being approved as a truck route by La Porte City Council.
The rezoning would be conditional upon said approval.
EXHIBIT A
".
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"-
FAlRMONT PAR~AY
1092
i
1140 1139 1137 . 1136 1135 1134
1138
WEST "L" ST.
1141 1142 1143 1144 1145 1146 1147
WEST ST.
1176 1175
WEST . t( ST.
1177 1178
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1700 BLOCK S. 16TH (POWELL RD.)
6.3192 Ac. TRACT OF P.U.D.
APPLICANT: ROBERT C. BONCOSKY
EXHIBIT A
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