HomeMy WebLinkAboutO-2004-1501-QQQ scup04-009
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ORNINANCE NO. 1501-G Q q
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 CONDITIONAL USE PERMIT FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.22 ACRE IN THE
2200 BLOCK OF UNDERWOOD ROAD, BEING PART OF OUTLOT 490, LA PORTE
OUTLOTS, NICHOLAS CLOPPER JR. SURVEY, LA PORTE, HARRIS COUNTY, TEXAS,
FOR THE PURPOSE OF ALLOWING OFF-SITE PARKING FOR RESTAURANT IN A
GENERAL COMMERCIAL (GC) 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 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 20th day of May, 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 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. Immediately following such public hearing on May 20, 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 May 21, 2004, a true copy of which letter is attached hereto as
Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- t)l (Y~
Page 2
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"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 14th day of June, 2004, 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 "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"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 conditions of said Conditional Use Permit are as set forth in the
incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit are as follows, to-wit:
Pt. of Outlot 490, La Porte Outlots, Volume 1, Page 33, Harris County Map Records,
Nicholas Clopper Jr. Survey, Abstract 198, La Porte, Harris County, Texas.
"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 thereto are desirable and in furtherance of the goals and objectives
.
stated in the City of La Porte's Comprehensive Plan.
"Section 8. The City Council official 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
ORDINANCE NO. 1501-~t91)e
Page 3 "r
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by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Govemment 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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the
day of June, 2004.
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City of La Porte
Special Conditional Use Permit # SCU 04-009
This permit is issued to:
Melvin Walker
Owner or Agent
12219 Underwood Road. La Porte. TX 77571
Address
For Development of:
Texas Grill Restaurant
Development Name
2219 Underwood Road. La Porte
Address
Legal Description:
TR 490A. La Porte Outlots
Harris County. Texas
Zoning:
Use:
General Commercial (GCl
Off-site Darkina
Permit Conditions:
1. Special Conditional Use Permit for the lease of off site parking will be limited for a period of six
(6) months.
2. The proposed permanent site for off site parking will be in compliance with all applicable City
regulations, will require screening and lor landscaping of the parking lot and shall be approved
only after review of a certified site plan.
3. Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary.
4. A certificate of occupancy, renewable annually, shall be required.
5. The Developer shall comply with all applicable laws and ordinances of the City and State of
Texas.
Failure to begin construction 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 construction 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 La
Porte, and the previOUS zo ing f the entire tract shall be in full effect on the portion which is undeveloped.
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StafTReport
May 20, 2004
Texas Grill
OfT-Site Parking
Special Conditional Use Permit #04-009
Request:
Requested Bv:
Requested For:
Present Zonin2:
Requested Use:
Backe:round:
Analvsis:
Special Conditional Use Permit Request #04-009
Mr. Melvin Walker
Approximately 0.22 acre (9, 769.6S sq. ft.) being part of 0.9534 acre ofland
out of and part of Outlot 490, La Porte Outlots as recorded in Volume 1,
Page 33 of the Harris County Map Records, in the Nicholas Clopper Jr.
Survey A-19S and the Enoch Brinson League 1-5, La Porte, Harris County,
Texas. The property is located in the 2200 Block of Underwood Road.
General Commercial (GC)
Applicant is seeking Special Conditional Use Permit (SCUP) for the purpose
of allowing an off-site parking for a restaurant. The Section 106-441 of the
Zoning Ordinance classifies this type of development as Conditional Use.
Mr. Melvin Walker is working towards reopening a restaurant and needs
additional parking to meet City's requirements. To handle the parking
situation, the applicant has obtained permission from neighboring property
owner to utilize their parking on a six months lease basis. In the meanwhile,
the applicant is pursuing a land deal for permanent parking for his restaurant.
The permit, which is being requested by Mr. Melvin Walker for the said land
leased from the Health & Safety Management, Inc. is to serve a restaurant
located at 2219 Underwood Road. Off-site parking within General
Commercial zone is described as a Conditional Use by Section 106-441 of
Zoning Ordinance.
Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each
district, have been met by the applicant.
. That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
Off-site Parking
SCU04-009
Page 2 of2
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Staff noted that the property in question is in the vicinity of several
commercial retail developments along Underwood Road. The property,
intended for restaurant business, is located in an area with very little off-
street parking. Additional off-site parking would be required to meet City's
parking requirements. Moreover, there is no reasonable location on the
existing business site to provide required parking.
Initially, the leased parking spaces will serve the business; later, the
permanent parking lot will be in place for the same. It will benefit the area by
moving cars off the street into proper and adequate parking area.
As proposed, the future parking lot must comply with all applicable zoning
regulations. Parking spaces and maneuvering aisles are to be of adequate
dimensions. The location of the handicap parking spaces must be
appropriate. Access from off-site parking to the building, as proposed, is
reasonable.
In addition, the screening and landscaping of the property shall be required
in accordance with the Section 106-444(a) of the Ordinances. The restaurant,
which depends upon off-site parking, shall require a certificate of occupancy,
renewable annually, as regulated by Section 106-142 of the Ordinance.
Conclusion:
Staff recommends the approval of SCUP#04-009 with the following
conditions in place:
. Special Conditional Use Permit for the lease of off site parking will be
limited for a period of six (6) months.
. The proposed permanent site for off site parking will be in compliance
with all applicable City regulations, will require screening and lor
landscaping of the parking lot and shall be approved only after review of
a certified site plan.
. Lease agreement, duly approved by the City Attorney, shall be filed with
the City Secretary.
. A certificate of occupancy, renewable annually, shall be required.
Options available to the Commission:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Table the item for further consideration by the Commission.
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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 Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th
day of May, 2004, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
SCU 04-009, which has been requested for a property located at 2219 A Underwood Road in the
Nicholas Clopper Jr., Survey A-19S and the Enoch Brinson League 1-5, City of La Porte, Harris
County, Texas. Mr. Melvin Walker is seeking approval ofa permit for providing an off-site parking
for the restaurant. An off-site parking is listed as a conditional use in a General Commercial (GC)
zone as per City's Code of Ordinances.
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 Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LAPORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for fUrther information.
'gH'BtT A
n accordance' with the
Jrovisions of Section 106-
171 of the Code of Ordi-1 e
lances of the City of La
:lorte, and the provisions
Jf the Texas Local Gov- ,
3rnment Code, notice is
lereby given that the La
:lorte Planning and Zoning
:ommission will eonduct a
Jublic hearing at 6:00 P.M.
In the 20th day of May,
l004~' the Council
:hamers of the Z!' , 'Hall,) t
304 ~st..;Eli\jrmo, Park- or e
Nay, La~Port ~. s. ~e,arris
JUrpo~ _. " earlng IS
:0 co~ide[ pecial Condi- :~S
:Ional Us _. ermit Request
3CU 04-009 Ich has
Jeen reque" d for a pro~ the undersigned authority, on this date
3rty located A Un- ,
:ferwood Road in. Nich- ppeared Karolyn Kellogg, a duly authorized
,Ias ClopperJ urvey A- ve of The Bayshore Sun a semi-weekly
198 and Enoch Brln- ,
;on League 1-5, City of La Jublished and generally distributed in the
:lorte, Harris County, .
rexas. Mr. Melvin Walker Jrte, Harr s Coullty, Texas and who
s seeking approval of a July sworn swears the attached notice was
Jermit for providing an off- I ~ I
;ite parking' for the restau- The Bayshore Sun dated 0..5. () S"' ,,'-I
'ant. An off-site parking is
;sted as a conditional use
n a General Commercial
:GC) zone ,as per City's
:ode of Ordinances.
rHE STATE OF TEXAS
:OUbl~Y ~ARRIS
:ITY OF LA PORTE
outh 8th ~ treet
~te, Texas 77571
NOTICE OF PUBLIC
HEARING
l\ regular meeting of the
:llanning ,and Zoning Com-
nission will follow the pub-
ic hearing for the purpose
Jf acting upon the public.
learing items and to con-
:luct other matters pertain-
ng to the Commission.
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281.471.1234
Fax: 281.471.5763
re Sun
'Sen'ing The BaysJzore Area Since 1947'
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Karolyn Kellogg
Authorized Representative
d IfID day of ~
_~J. ~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
:itizens wishing to ad-ubscribec.' before me this
:fress the Commission pro
Jr con during the Public
-tearing will be required to
;ign In before the meeting
s convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
, 200lf
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et\H1u~rr B
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City of La Porte
Established 1892
May 21,2004
Hon. Mayor Pro- Tem and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU04-009
Mayor Pro-Tern and City Council:
The La Porte Planning and Zoning Commission, during a regular meeting on May 20, 2004, held a public
hearing to consider a Special Conditional Use Permit #SCU 04-009. The applicant, Mr. Melvin Walker,
seeks approval to allow leased off-site parking for his restaUI3Dt located at 2219 Underwood Road. The
property is zoned General Commercial (GC).
After consideration, the Plarming and Zoning Commission, by a unanimous vote (6-0), recommends that
City Council consider approval of Special Conditional Use Permit #SCU 04-009 with the following
conditions in place:
1. Special Conditional Use Pennit for the lease of off site parking will be limited for a period of six (6)
months.
2. The proposed pennanent site for off site parking will be in compliance with all applicable City
regulations, will require screening and lor landscaping of the parking lot and shall be approved only
after review of a certified site plan.
3. Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary.
4. A certificate of occupancy, renewable annually, shall be required.
5. The Developer shall comply with all applicable laws and ordinances of the City and State of Texas.
IYS~hJ~
T. aters
Chairperson, Planning and Zoning Commission
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 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 Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 14th day of June, 2004, in
the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider Special Conditional Use Permit Request SCU 04-009, which has been
requested for a property located at 2219 A Underwood Road in the Nicholas Clopper Jr., Survey A-
19S and the Enoch Brinson League 1-5, City of La Porte, Harris County, Texas. Mr. Melvin
Walker is seeking approval of a permit for providing an off-site parking for the restaurant. An off-
site parking use is listed as a conditional use in a General Commercial (GC) zone as per City's Code
of Ordinances.
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 Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's ojJ1ce at (281) 471-5020
or TDD Line (281) 471-5030for further information.
'EXHIBIT D
In accordance with 1111;
provisions of Section 106 ) I e
171 of the Code of Ordi 9
nances of If!e City of '.L Ir
Porte. 'and the ~n
of the Texas LocaJ Gov
emment Code, notice. i:.
hereby given that th~ t;;
Porte City Council wiD con'
dud a ',public hearing 8.
6:OCi P.M. on the 14th .
of June, 2004. In thl
Council Chambers of lb. orte
City 'Hall. 604 west Fair. .
mont Parkway. La Porte .,a'TIS
Texas. The purpose c ~s
this hearing Is to consIde
5Pecia1 . Conditional U8I
:e~wh~u= :: c:: .:he undersigned authority, on this date
quested for 8 property 10 :lpeared Karolyn Kellogg, a duly authorized
cated at 2219 A Under f Th . S .
wood Road in tti8 Nichola ,Ie 0 e Bayshore un, a semI-weekly
Clopper Jr S rvey A-191 )ublished and generally distributed in the
and En h BriRSO/' .
Leag l-Sfjfj'" rte, Harr s Coun.ty, Texas and who
~::., . " uly sworn, swears the attached notice was
Is ... I The Bayshore Sun dated 0.5 )30 /0,,"-
permit for p~ of! '
site parkihg for the restau
rant Off-site parking use i:.
listed as a condltlonaf USl
in a General Commercie
(GC) zone as Per City':
Code of Ordinances.
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THESTATEOETEXAS l
COU~'OF HAR~IS ~ ,outh 8th ~ treet
: :-te, Texas 77571
CITY OF LAPORTE.: ,
NoTIce OF PUBUO
. HEARING .
A regular meeting of. tI)l
City Council will follow th1
public hearing for the pur
pose of acting upon thl
pubfic hearing items and tl
conduct other matters per
raining 10 the Council. '
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. 281-471-1234
Fax: 281-471-5763
. re Sun
'Sen-'jng The Bayslzore Area Since 1947'
.'
~~/LJ"~lLo.A
Ka olyn Kellogg , .
Authorized Representative
of 1.e... day of 9~
..~A-- ~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
. Jbscribec before me this
Citizens wishing to ad
dress the .CouncD pro 0
con' during the Pub!.
Hearing will be required b
sign in before the ~l
Is CQnVened. ..
CllY OF LA PORTE.
Martha GlUetI ' '.
CIo/S~
,2004-
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LEGEND
PROPOSED DEVELOPMENT
TEXAS GRlLL RESTAURANT
R-l. LOW DENSIIY RESIDENTIAL
D GC ' GENERAL COMMERCIAL
PROPERlY OUTUNE
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REQ.T FOR CITY COUNCIL AGe>>A ITEM
Agenda D...lkqu......: ~
Requested By: Nick Finan .'
Department: Plannine
Appropriation
Source of Funds:
N/A
N/A
N/A
Account Number:
Report: _Resolution: _Ordinance: -X-
Amount Budgeted:
Exhibits:
Ordinance
P&Z Staff Report
Aerial w/200' radius Map
Zoning Map
Site Plan
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its May 20, 2004, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU04-009. The request, submitted by Mr. Melvin Walker,
seeks approval of a Special Conditional Use Permit (SCUP) to allow off-site parking for a restawant located at 2219
Underwood Road. The property is zoned General Commercial (GC).
Mr. Melvin Walker is worlcing towards reopening a restawant and needs additional parking to meet City's requirements. To
handle the parking situation, the applicant has obtained pennission from neighboring property owners to utilize their parking on
a six-month lease basis. In the meanwhile, the applicant is pursuing a land deal for pennanent parking for his restawant located
at 2219 Underwood Road. Off-site parking within Genernl Commercial zone is described as a Conditional Use by Section 106-
441 of Zoning Ordinance.
Seven (7) notices of public hearing were mailed to neighboring property owners. No response was received. The Planning
and Zoning Commission, by unanimous vote (6-0), recommends City Council approval of Special Conditional Use Permit
#SCU04-009 with the following conditions:
1. Special Conditional Use Pennit for the lease of off site parking will be limited for a period of six (6) months.
2. The proposed permanent site for off site parking will be in compliance with all applicable City regulations, will require
screening and lor I::mdqping of the parking lot and shall be approved only after review of a certified site plan.
3. Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary.
4. A certificate of occupancy, renewable annually, shall be required.
5. The Developer shall comply with all applicable laws and ordinances of the City and State ofTe.xas.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for allowing off-site parking for a restaurant located
at 2219 Underwood Road.
ADDroved for City Council A2enda
~-- )-01:
Date