O-2004-1501-XXX scup04-007 amending 03-002; rejected by Council

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\.t~ or 01 ~Q t~( ~.I If) {Lej tX~(A <iIW)D~ :1rfY e -- ORDINANCE NO. 1501- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CQNDITIONAL USE PERMIT #SCU04-007 (AMENDING #SCU03- 002) FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: :t150 ACRES (ALONG SH 146 FROM NORTHEAST CORNER OF McCABE ROAD TO SOUTH OF BAYPOINT TOWNHOMES, AND WEST OF BAY FOREST GOLF COURSE) IN THE W.P. HARRIS SURVEY, ABSTRACT -30, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING MUL TI- FAMILY RESIDENTIAL DEVELOPM~NT (100 FREESTANDING INDIVIDUAL UNITS) AT THE NORTHEAST CORNER OF McCABE ROAD IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; 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 COl)NCIL 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 th~ 15th day of July, 2004, 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 att~ched 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. On July 15,2004, the Planning and Zoning Commission of the City of La Porte met in regular session to consider 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 recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on . the 30th day of July, 2004, a true cop)' of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.