HomeMy WebLinkAboutO-2016-3637 Ordinance to Approve SCUP#16-91000001, to Allow Development of Nine Single Family Attached DuplexesORDINANCE NO. 2016-3637
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. 16-91000001 FOR THOSE CERTAIN TRACTS OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF ALLOWING DEVELOPMENT
OF NINE (9) SINGLE FAMILY ATTACHED DUPLEX HOMES; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A
SEVERABILITY CLAUSE; 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, TEXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #16-91000001, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of nine (9) single family attached duplex
homes on property generally located adjacent to Sylvan Beach Park and Bayshore Drive, said
property being legally described as Lots 7-17, 20-21, and 22-27, Block 32, Beach Park
Subdivision, City of LaPorte, Harris County, Texas, within a Mixed Use (MU) zoning district.
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hereby repealed; provided, however, that such repeal shall be only to the extent of such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.
Section 4. 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 is 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 Chapter 551, Tx. Gov't 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.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. 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 Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance of the goals and objectives stated in the City
of La Porte's Comprehensive Plan.
Section 7. This ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the 42 day of JULY 2016.
CITY (A L,APORTE, TEXAS
AT T:
Patrice Fogarty, Ci ecre
APPR VE
Clark Askins, Assistant City Attorney
EXHIBIT A
City of La Porte
Special Conditional Use Permit #16-91000001
This permit is issued to: Bayway Homes
Owner or Agent
P.O. Box 1244 Friendswood Texas, 77549
Address
For Development of: Bavwav Homes Circles Single Family Attached Development
Development Name
9 single family attached duplex homes on Lots 7-17, 20-21, 22-27, Block
32 Beach Park Subdivision; generally located on the northern -most of
the "Circles" across from Sylvan Beach Park.
Address
Legal Description: Lots 7-17, 20-21, 22-27, of Block 32, Beach Park Subdivision
Zoning: MU, Mixed Use
Use: Single family attached duplex homes
Permit Conditions:
This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be
maintained in the files of the City's Planning and Development Department upon approval. Project development
shall be in accordance with the following conditions:
1. A site development plan shall be submitted in accordance with applicable requirements of the
City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106,
"Zoning" of the City's Code of Ordinances and all other department reviews and applicable
laws and ordinances of the City of La Porte and the State of Texas.
2. One single family attached duplex unit is permitted on two platted lots within the development
area.
3. A fire wall is required along the shared property line separating each unit in accordance with
applicable residential building and fire codes.
4. A 0' setback is permitted on the shared property line separating the two units of each duplex.
Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum
of 5' from the side property lines and a minimum of 10' from the rear property line. Special
allowance should be given to the setback for Lot 22 due to the irregular shape of the lot. The
side/rear setback adjacent to the alley should be permitted at 0'.
5. A minimum of two off-street parking spaces shall be included for each individual unit.
6. All necessary documentation for building permit review must be submitted in conjunction with
the city's building permit application process.
7. Any substantive modifications to this Special Conditional Use Permit will require an
amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of
Ordinances.
EXHIBIT A
Failure to start construction of the site within 12 months 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 contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of LaPorte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date: - Z
Director o Planni g and Development
"J
City Secretary
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