Ord 2025-4085 Amend Ch. 106 granting SCUP

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ORDINANCE NO.2025-4085 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 SPECIAL CONDITIONAL USE PERMIT NO. SCUP-2025-0017, FOR AN AMENDMENT TO SCUP-2024-0011 WHICH WAS ADOPTED BY CITY COUNCIL AS ORDINANCE 2025-4047 ON FEBRUARY 10, 2025 TO: 1) ADD NAICS 4238 — MACHINERY, EQUIPMENT, AND SUPPLIES MERCHANT WHOLESALERS AS A PERMITTED USE WITHIN RESERVE 2; 2) CLARIFY WHICH REGULATIONS ARE APPLICABLE TO DEVELOPMENT FOR EACH RESERVE; 3) ADD OFFICES ONLY FOR ANY USE CODE TO THE PERMITTED USES WITHIN RESERVES 1 AND 2; 4) ADD CONDITION NUMBERS TO NAICS, WHERE APPLICABLE; 5) ADD THE NAICS TITLE TO PROPOSED USES; AND 6) UPDATE FOOTNOTE 15 CONDITION (AS ADOPTED BY ORDINANCE 2025-4054); LOCATED AT 11921 W. FAIRMONT PKWY., AND LEGALLY DESCRIBED AS TRACTS 2A, 39 49 4A & TRACT 23D BAYPORT U/R SECTION 1 ABSTRACT 625 R PEARSALL; HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #SCUP-2025-0017 attached hereto as Exhibit A and incorporated by reference for all purposes, for an amendment to SCUP-2024-0011 which was adopted by City Council as Ordinance 2025-4047 on February 10, 2025 to: • add NAICS 4238 — Machinery, Equipment, and Supplies Merchant Wholesalers as a permitted use within Reserve 2, • clarify which regulations are applicable to development for each reserve, • add Offices only for any use code to the permitted uses within Reserves 1 and 2, • add condition numbers to the NAICS, where applicable, • add the NAICS Title to proposed uses, and • update footnote 15 condition (as adopted by Ordinance 2025-4054) in the Planned Unit Development (PUD) zoning district, on a 130.56-acre tract of land, located at 11921 W Fairmont Pkwy., and legally described as Tracts 2A 3 4 4A & Tract 23D Bayport U/R Section 1 Abstract 625 R Pearsall, Harris County, Texas. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable.