HomeMy WebLinkAboutO-2004-1501-III scup03-004
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ORNINANCE NO.1501~17-
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
CHAPTER 106, MORE COM MONL Y 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: 5.89 ACRES IN THE
800 BLOCK OF McCABE ROAD, BEING TRS 5G & 5H, ABSTRACT 30, P. HARRIS
SURVEY, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING A
SINGLE-FAMILY HOUSE AND ACCESSORY STRUCTURE 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 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 15th day of January, 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 January 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 January 16, 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-'1J~
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 9th day of February, 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:
TRS. 5G and 5H, 5.89 acres along McCabe Road, between South Broadway and SH 146,
P. Harris Survey, Abstract 30, 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-J...J..::z:.
Page 3
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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.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the
day of February, 2004.
By:
ATTEST:
BY:~. .;f/}jJ/
MA TH ILLETT, City Secretary
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Staff Report
January 15, 2004
McCabe Road Property
Special Conditional Use Permit #03-004
Reauest:
Requested Bv:
Requested For:
Present Zonme::
Requested Use:
Back2round:
Special Conditional Use Permit Request #03-004
Mr. Scott Rodriguez, Property Owner
A 5.89 acre tract, described as TRS 5G & 5H; Abst. 30, W. P. Harris Survey,
La Porte, Harris County, Texas. This property is further described as being
located in the 800 Block of McCabe Road.
Planned Unit Development (p.U.D.)
Single-Family Residential (R-l) w/Accessory Building
The subject property is located in the southeast portion of the City of La
Porte. The site is a 5.89-acre tract that fronts on the south of McCabe Road
between SH 146 and Broadway (Old Highway 146). The property is in
rectangular shape with approximately 480' frontage and 350' depth. There is
a 25' wide Harris County drainage easement to the west of the tract
identified as "West Branch Taylor Bayou".
Applicant is seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a one-story, two-bed-room house on approximately
2900 square feet area and one garage (accessory building) of approximately
6000 square feet to house cars and motorcycle collections. A Special
Conditional Use Permit is required for a development in the Planned Unit
Development (PUD) district per Section 106-659 of the Ordinances.
Once identified as a large lot residential development, Staff considered
regulations that were applicable to the size of the proposed accessory
(garage) structure. Zoning Ordinance Section 106-741 (e)(2) states:
"Accessory buildings in single-family residential large lots may not exceed
2,000 square feet of floor area Accessory buildings with a floor area in
excess of 1,000 square feet must be located at least thirty-feet (30') from any
property line and thirty-feet (30') behind the rear of the primary structure".
Staff's review identified the following two issues:
. A 6,000 square feet (60'xlOO') accessory structure exceeds a maximum
of 2,000 square feet allowed per zoning ordinance.
. An oversized accessory structure is not located within the minimum of
30' behind the primary structure.
iXHlsrr
SCU03-004
January 15,2004
Page 2 of4
Analvsis:
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The above constitutes a deviation' from the proVISIOns of the Zoning
Ordinance. The City's Zoning Board of Adjustment is empowered to
determine if a variance would observe the spirit of the law. The applicant
approached to the Zoning Board of Adjustment
On December 4, 2003, the La Porte Zoning Board of Adjustment met to
consider a Variance request for the purpose of constructing an accessory
structure in excess of2,000 square feet offloor area on the subject property.
The Board approved Variance #V03-005, with the following provisions in
place:
· Accessory building must be located at the minimum of thirty-feet (30')
behind the rear of the primary structure, as required by the City's Code
of Ordinances. The building must be set back at least 100 feet from the
rear and side property lines.
· Assure that the proposed structure is not visible from the neighboring
residential properties to the south.
· Ensure that tree line will be preserved for at least 100' from the side and
150' from the rear property line.
The 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.
In addition to performance standards, there are a number of development
standards that are specified by the Zoning Ordinance. These standards are
applicable to all P.U.D. developments. Section 106-659 of the Code of
Ordinances establishes the following criteria for review of the development
projects within a P.U.D. zoning district:
SCUOJ-004
January 15,2004
Page 3 of 4
Recommendation:
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Uses - Review of the City's Land Use Plan indicates that this area is
envisioned as a Low Density Residential use. The intended use of this
property is as a single-family estate residence. The other intended uses are; a
swimming pool. Tennis court, number of small ornamental ponds, decking
and stone patios, and a concrete driveway. The owner has long term plans of
replacing the original house with a larger house on the same building
footprint
Zoning - The property is zoned PUD, where single-family residential
dwelling is a permitted use. The Shady River Subdivision, a single-family
residential neighborhood adjoins the property to the south.
Streets - The property faces McCabe Road, a 100-ft. right-of-way (ROW),
connects old highway 146 with SH 146. It should easily accommodate the
traffic generated by this development. The driveway access to the property
will be concrete.
Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development.
Utilities and Drainage - There is a sufficient water distribution facility in
the area to supply potable and :fire protection to this proposed development.
The water is available along McCabe Road. The sanitary sewer will require
extension. The plan will be reviewed in details to verify. Staff will ensure
that drainage does not impact the surrounding properties.
Open Space -The property adjoins Taylor Bayou to the west. A wide area
will be left undeveloped as open space. The owner purchased the property
based largely to its heavily wooded natural features. Staff recommends that
the owner/developer shall implement a landscape plan for the entire
development.
Based on items discussed above, staff recommends approval of the Special
Conditional Use Permit with the following conditions:
. Accessory building must be located at the minimum of thirty-feet (30')
behind the rear of the primary structure, as required by the City's Code
of Ordinances. The building must be set back at least 100 feet from the
rear and side property lines.
. Assure that the proposed structure is not visible from the neighboring
residential properties to the south.
. Ensure that tree line will be preserved for at least 100' from the side and
150' from the rear property line, as shown on the site plan.
SCU03-004
January 15,2004
Page 4 of4
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. The roofed-over structures on the property do not accumulatively exceed
the maximum forty percent (40%) lot coverage.
· Additional development at site shall be subject to filing a new
application for Special Conditional Use Permit.
A recommendation from the Commission on this Special Conditional Use
Permit will be forwarded to City Council for final consideration. If approved
by Council, the applicant would be authorized to proceed with this proposed
development. For any further development in PUD district, the applicant
shall submit an application for a Special Conditional Use Permit.
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1298
WHARTON WEEMS BLVD.
Bay Forest Golf Course
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PROPERTY IN QUESTION
VICINITY MAP
ASST. 3D, W.P. HARRIS TRACTS 5G & 5H
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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 City of La Porte's Code of
Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission will
conduct a public hearing at 6:00 P.M. on the 15th day of January; 2004, in the Council
Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this
hearing is to consider Special Conditional Use Permit #SCU03-004, which has been requested
for a 5.89 acres of land described as TRS. 5G & 5H, Abstract 30, P. Harris Survey, La Porte,
Texas. The property is located in the 800 block of McCabe Road. The applicant seeks approval
of a Special Conditional Use Permit for the development of a single-family house (2,400 s.f) and
a 60'xlOO'(6,000 s.f.) accessory structure as a detached garage in the Planned "Unit Development
(PtnD) zone. .
A regular meeting will follow the public hearing for the pwpose 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 are 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
City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information.
~H~9'1" \.
NOTICE OF PUBLIC, .
: ..... HEARING '. .,.'
Su r~~9f:~~ .~~;:;
p s . .: an':"
'ces, ali IS .
that e' la' Po' . n
. . and '. Zoning- :~C m" ion'"
: ~II Condui:tapublic)ea~;'~
'ng at '6:00 P,M.;-on :the,'
,15th .' ; day"": of, iariu' s"ry' ~
.......r.r "'\i,. "..
.:, 2004, :;'~iri-!'. the :',:Council .-
i.' 'ChalT)~erS. of CitY' Hall.:SQ:4 ',;
. ~est.. fai"!,om . ~a~ay. ;".
.. .". . '. L. . . .," ".;,t.,: ~~I\..'::: ..........._""_ _. ,. :.
La P~tt.1.:~exa~.. !he.pur-' .:te~ p~~ai~~g,.iti'th~ cdtitl
pose of t~IS ,heanng IS to ',.:mlssion..~/.;;~ ;,.~t,'~Jt.~\.:\
, CO~irder '..Special Condl-' '. "": ,"'~i':::~:':":';"~lF'~a": ,
:'Uooal:,f;).!{Use t.. Perml't ',:. :'~,:"~'-~\~".~~,:,:.'.~.e:~
.. .. ~ . .. .. .."'.... t.f .,':0. 'i,. Yo::or: .
. #SCY!l3~~04... which. .has. ..tjtizens:'.WiShi~~I<t~'~;di~
. been requested for a 5.89 . are~s the Commissjon~ pro i
, acres..of land des!=ribed as . or.: c.o". .duri~g 'the" publrc
. TAS. 5G &. 5H, Abstract. h.ean~g .are . required "10'
,30, P, Hams Survey. la .~Ign Inbefo~e the meeting'
, ~orte, Texas. The property '. IS convened. ., .. ..: '..,;,'.. :, . ,
. IS located' in the 800 block . . ;" .. "'-", :: :::.;,/: .':: '.~
of.McCab'A ," .....,. ......_....:,
. e oad.The ap-", ,",..;." y...._"':.;.,.....:.';
phca~t seek~. app'roval of a ' . qTY OF LA PO ATE' .~, ,
Spec~al Conditional.;'lJse:": .: -Martlla Gillett _ ..:.:~':
. Perl1)lt . for . the ~ develop- .... c. . .. . CitY Secretary' ':: ..' ,_ , .'.
,ment.,.of a single-family". . " ::.. : ':..: ':".. '.,.<:'::;:.;-:-,
;.house (2,400' .sJ.) and a . '.,', "'_:" ::..: ;'~:,~ "':,':"
. SO' X 100' .(6,000 sJ.) ac- . .This . fa~iliiy"has, dl;;"binly',:'
;.cessory slructu!e as a de- accommOdations '<"availa;','':
. tache~ g~rage I~ the Plan- ble;".. Requests fof aacorn.""
~(n;~D': ;UnJl.;~~P~re'~pm~nt :. mad.atif??~::o~:.iniefp~e.tive:.:~
,,,,,,;1) z~.ne...:.[:..:, .', '" sefVtces.;,.. at,,':...;meetmgs .
, ", "",.-.' . :-.;.;,'"..:"; :,.:.'" .: Shoult;I:.bemade.,48 hours.
.f P,{'" '~.:... :..... :'. . . prior', !o,". thel!irieetin .i~:'
( A; regUlar" m~etlng ":'i". fOI-.. Pleas,! cO'1tact qi!y .See'::: '
.. ,!Pr.'. !he .publlc. heanng for tal'/s Office 'at /28.1i47,J..:i .
, .the p~rp~se or a7ting upon 5020 or~ TDD Linej~81r
the. p'ubhc heanng items 471-5030 for further into,- ':.'
...and to !=ol'!ducl other m~I...'-mation. .. :~':'-::=oiI!;~~i"(:'~;~ ':;
.... . . ". .-: t.... ~~ 0-:1;: .~. ',' .:..~~.t:-...'-'
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820 South 8th Street
La Porte, Texas 77571
'Sen'ing The Bayslzore Area Since 1947'
City of La Porte
CUUllly of Harris
State of Texas
Before me, the under3igned authority, on this date
came and appeared i<arolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harr.s County, Texas and who
, .
after being duly sworn, swears the attached notice. was
published in The Bay::~hore Sun dated / J<. /3 i / C 3
~/\.....C.jl I'.
/ :J
Karolyn Kellogg
Authorized Representative
Mi
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Sworn and subscribed before me this
., / -,- J4
0-<(.;0
.: .PUBLlC Nori'6ES5S
. . ,
281-471-] '~~'~TATEO~\~~~'.)/
Fax: 281.47. COUNTYOFHARRIS,;>"
. CITY OF LA PORTE .'
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I 2004-
. ',' ',"
day of
v~
1 ., 1.;2,
";(,;'-:(...;lor.-.rt.c.",:-- ./{.: J ~.C.'-i'L C"~.~,\I.-=---_
r.:....'-
Sandra E. Bumgarner
Notary Public
Harris Counly, Texas
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City of La Porte
Established 1892
January 16, 2004
Honorable Mayor Nonnan Malone and City Council
City of La Porte.
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on January 15,2004, held a
public hearing to consider a Special Conditional Use Permit #SCU 03-004. The applicant, Mr. Scott
Rodriguez, seeks approval to allow a single-family house and an accessory building (6,000 sq.ft.) on a 5.89
acre ofland located in the 800 Block of McCabe Road. The property is zoned Planned Unit Development
(PUD).
After careful consideration, the Planning and Zoning Commission voted to recommend that City Council
consider approval of Special Conditional Use Permit #SCU 03-004 with the following conditions in place:
1. Accessory building must be located at the minimum of thirty-feet (30') behind the rear of the
primary structure, as required by the City's Code of Ordinances.
2. Assure that the proposed structure is not visible from the neighboring residential properties to the
south.
3. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property
line, as shown on the site plan with a building setback being the same.
4. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent
(40%) lot coverage.
5. Check into the feasibility of having an accessory structure look architecturally similar to the
house.
6. No livestock shall be allowed at the property.
7. Additional development at site shall be subject to filing a new application for Special Conditional
Use Permit.
8. Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Ully Submitted,
----....
. J. orsett, Acting Chairman
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. Pairmont 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 City of La Porte's Code of
Ordinances, notice is hereby given that the La Porte City Council will conduct a public hearing
at 6:00 P.l\'I. on the 9th day of February, 2004, in the Council Chambers of City Hall, 604 West
Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special
Conditional Use Permit #SCU03-004, which has been requested for a 5.89 acres of land
described as TRS. 5G & 5H, Abstract 30, P. Harris Survey, La Porte, Texas. The property is
located in the 800 block of McCabe Road. The applicant seeks approval of a Special Conditional
Use Permit for the development of a single-family house (2,400 sJ.) and a 60'xlOO'(6,000 s.f)
accessory structure as a detached garage in the Planned Unit Development (PUD) zone.
A regular meeting 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 are 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
City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030for further information.
:{} J~Brr. ~
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820 South 8th ~: trect
La Porte, Texas 77571
. 3"
281.471-] THE STATE OF TEXAS
Fax: 281-47 CO~NTYOFHARRIS .
, CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
re
Su ~roX~ s ~~c;ec~~t~ 1~6:
171 o. the C'~t La
Porte's .Co~e at rdi~an-
ces, n Ice I ere given
that the a P rt' City
Council will c ct a pub-
lic hearing at :00 P.M. on
the 9th day of February,
2004, ir:. the ~ Council
Chambers at City Hall, 604
West Fairmont Parkway,
La Porte, Texas. The pur-
pose of this hearing is to
conside~ Special Condi-
tional Use Permit
#SCU03-004, which has
been requested for a 5.89
acres 01 land described as
TRS. 5G & SH. Abstrac1
I 30. P. Harris Sur/ey, La
Porte. Texas. The property
is located in the 800 block
01 McCabe Road. The ap-
plicant seeks approval 01 a
Special Conditional Use
Permit for the develop-
ment ot a single.family
house (2,400 5.1.) and a
60'x100'(6,000 s.t.) acces-
sory structure as a detach-
, ed garage in the Planned
Unit Development (PUD)
zone.
'Sen.'ing The Bayshore Area Since 1947'
City of La Porte
Cuunty of Harris
State of Texas
Before me, the under3igned authority, on this date
came and appeared f~arolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Har(s Coun,ty, Texas and who
after being duly sworn, swears the attached notic,e was
published in The BaYt.hore Sun dated 0 I /,;"2. I / () L/- .
'~'UJI'-I'j If ({Pi-< ""
, w u~
A regular meeting will fol-
low the public hearing tor
the purpose of acting upon
the public hearing items
and to conduct other mat-
lers pertaining to the
Council.
Karolyn Kellogg
'Authorized Representative
Sandra E. Bumgarner
Notary Public
Harris County, Texas
,.,--/
day of L..j.a: 'r'o':" t1',-"~",
;:" ;; .f
1~;'-'r'1. <:~.,~......_~__
rJ
,2
Citizens wishing to ad-
dress the Council pro Oi
con during the public hear-
ing arf;l required to sign in
before Ihe meeting is con-
vened.
Sworn and subscribeci before me this cl.. (., -ri1
. J '7
:tJ.t'~..__eo{~,,-. /f.
CITY OF LA PORTE
Martha Gillett
City Secretary
'~ij..i1;RtT '(
This facility has disability
accommodations availa.
ble. Requests for accom-
modations or interpretive
services at meetings
should be made 48 hours
prior to the meeting.
Please contact City Sr3cre-
tarv's office at (281) 471.
,c'''~'' _.. .,.."'_ 1:_ ~ 1_.....
.
e
City of La Porte
Special Conditional Use Permit # SCU 03-004
This pennit is issued to:
Scott Rodriauez
Owner or Agent
15727 Parkslev Dr. Houston.TX 77059
Address
For Development of:
Sinale-familv dwellina wI accessory buildina
Development Name
800 Block of McCabe Road. La Porte
Address
Legal Description:
TRS 5G & 5H. out ofW.P. Harris Survev. Abstract No. 30.
La Porte. Harris Countv. Texas
Zoning:
Planned Unit DeveloDment (PUDl
Use:
Residential
Pennit Conditions:
1. Accessory building must be located at the minimum of thirty-feet (30') from the rear of the primary
stmcture.
2. Assure that the proposed stmcture is not visible from the neighboring residential properties to the south.
3. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property
line, as shown on the site plan with a building setback being the same.
4. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent
(4()01o) lot coverage.
5. No livestock shall be allowed at the property.
6. Additional development at site shall be subject to filing a new application for Special Conditional
Use Permit.
7. Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the tenns of a special
conditional use pennit shall void the pennit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is tenninated after completion of any stage and there is ample evidence that further development is
not contemplated. the ordinance establishing such special conditional use pennit 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 zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Lf!1~~
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City of La Porte
Special Conditional Use Permit # SCU 03-004
This permit is issued to:
Scott Rodriauez
Owner or Agent
15727 Parkslev Dr. Houston.TX 77059
Address
For Development of:
Sinale-family dwellina wi accessory buildina
Development Name
800 Block of McCabe Road. La Porte
Address
Legal Description:
TRS 5G & 5H. out ofW.P. Harris Survev. Abstract No. 30.
La Porte. Harris County. Texas
Zoning:
Planned Unit DeveloDtTlent (PUD)
Use:
Residential
Permit Conditions:
-Fr()f-
1. Accessory building must be located at the minimum of ~-feet (30') ~ the rear of the primary
struct1Jr9'J18 "qui- ~'1Iw <:;~"" Cds 1f0l:diRaaGe&. ;,)
2. Assure tllat the proposed structure is not visible from the neighboring residential properties to the south.
3. Ensure that tree line will be preserved for at least 100' from the side and ISO' from the rear property
line, as shown on the site plan with a building setback being the same.
4. The roofed-over structures on the property do not accumu1atively exceed the maximum forty percent
(40010) lot coverage.
B. Ckssh iou. ill", fla.,ibail~ efl18-,lng.... alJge8SB~' &t1"Jctll>:V hlek BHhMst8ftll~ 3imillJf to the kBYS&.
6. No livestock shall be allowed at the property.
7. Additional development at site shall be subject to filing a new application for Special Conditional
Use Permit.
8. Developer shall comply with all applicable laws and ordinances of the City and the 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 zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
e
e
A Meeting of the La Porte
January 15, 2004
(Date of Meetinro
REr\EnfrT';
'..It i V (:. ;
JAN 2 0 2003
PI ,1 '\1 ~i 61\1 f' i"; c..TP'
. . 1'.1, n \1;,J ,..II.:) l.
pl~nn1n2 and Zonin2 Commission
(fype ofMeetinro
Scheduled for
to Consider
Special Conditional Use Permit #SCU03-004
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of ganting this request for the following reasons:
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II If- LViii dt,,,,,~()~h-\-~ 0, ~~{' ~\d e\)~'''\-\\Ov\..(}~.d {~~""\e'4-d-' or. oj L
\1\~ e.~h~ '01 0.... ~('\J)<.\.\"d '%h\\::J\(\cb <M...d "\t>\)\\Y\~ C-1 kt ~d",\Y\'~ ~o..,~\h\.
I am OPPOSED to granting this request for the following reasons:
tt-e\\\I\v( e. i\="U. \c,~e~\Y\,(s+ e.t" 0.1_
\ Name (please print)
~ e :~&^-^-^-
I . Signature
h. Z81. 2<50,418<0
(O"'\~~tI..\ \'5. l~'\ ~ l',"C>-\ \)
'0111 'R ~~J 1'(1;'\ k :Dr.
Address
M~$"ITx 15,;), ~o - ~ (,pJ~
City, State, Zip
e
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A Meeting of the La Porte
Scheduled for
RECf/VfD
J.4N ~ .) , (,
- ';1 '1
PLANNING Vi:.J-Jf.
pl~nning and Z0nin2 Commission
(fype of Meeting)
January 15, 2004
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU03-004
(fype of Request)
I have received notice of the above referenced publi~ hearing.
I am in FAVOR of gtllllting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
-r /i,1% " 5 1ijet..'W tJII.RT~ ,.ve~. pk""..J.{.. h ",. P
U~6~ Wll!'"~ UA/~1f..)A, /A/ fl.S~, T{fer<e- dd~
A/of ~ee All h b-e. l1.Vl.t J' ~ fJ"tCT (J-V1" I< e.C; Sd U
{i61l. tJ~H-r~ f tt5'''''/~ -J-A-e ,1t~iJ,4.-~f. -e ; h t!.J-'fed-
ro(~ #~ek'6~I<.Y
f., /I- fY':;Te: 7i '1 J ~ 1/
City, State, Zip
.
.
Request to waive/amend/clarify the requirement that "accessory building be located a
minimum of thirty feet (30') behind the rear of the primary structure".
The current placement of structures on site would not meet this requirement as I
understand it. The attached (and, apologetically crude) drawing shows a more realistic
representation of the structure placement and driveway system than does the AutoCad
version you currently possess. The location of these structures has been very carefully
thought out to preserve as much of the rather impressive tree line as possible. The house
location makes use of a "dead spot" of trees that currently exists. The secondary
structure is angled to preserve a number of enormous pines and oaks that I do not want to
cut down. As you can imagine, it was no easy task to find a 6000 square foot pad site
that would take a minimum of the larger, healthier vegetation. Even the driveways work
around particular trees in an effort to preserve them.
I interpret (perhaps incorrectly) that this ordinance was drafted with a different type of
property in mind than what I currently have. I can see the necessity of preventing the
placement of 'barns' , for example, in front of a house on a deep but not wide property
with no real natural vegetation to inhibit visibility from passing drivers. My property is
practically square and heavily' wooded. None of the structures will be visible from the
road, as I have designed the front of the property with privacy as an utmost concern. The
driveway is staggered to prevent structures from being visible when looking up the main
entrance. Underbrush is being preserved around the property perimeter for the same
reason.
If forced to abide by this particular section of the ordinance, I will have to move the
secondary structure back over 30' , ironically placing it closer to the only neighbors I have
and the only people that would have any vested interest in what I build on my property.
A secondary collateral effect would be that the secondary struc~e, which is basically my
garage, would now be further away from the main house. This creates a safety issue as
well as a convenience issue. My concern is that (especially after dark) anyone arriving
home or leaving would have to walk even further to and from the garage through the
woods. The pathway will be lit, but it's still an unnecessary safety hazard if there is no
logical or rational reason for moving the structure.
I would ask the council to amend this particular section of the ordinance for my property.
I would be amenable to a requirement of "at least 30 feet away from and not in front of"
or to having the council approve placement of structures as they appear on my submitted
site plan within reason (no significant changes).
Thank you for your consideration on this issue.
~1J~
Scott D. Rodriguez
l~ ~ @ ~ 0 \JJ F:~ ~ ~i .
Iii,'
II JAN 2 a 1004'J
I~ u
By ~
JAN-20-2004 04:58 PM
P.02
.
.
CLW General Contractors, L.C.
27071 FM 1485 East
New Caney, Texas 77357
Tel.: (281) 399-2575
Fax: (281) 399-1093
18
02
1120/2004
Page
Scett Rodriguez
15727 Parksley Dr.
Houston, Texas
Fax: 281-461-3323
1.00
STONEWALL (APPROX, 1,000 SQ FT.) .
ALL MATERIAL AND LABOR INCLUSIVE
$22,500.00
$22,5oo,OD
Charlie - Fax to Mr. Rodriguez ASAP.
HOMEOWNER;
SCOTT RODRIGUEZ
LA PORTE, TEXAS
ATIN:
THANKS FOR YOUR BUSINESSI
$22,500.00
$0.00
$22,500.00
-
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/!1~ .~Azf7.._.. IP.OA II
2 3 2004.
-- .1 ,_ ~i I,
By
REQU. FOR CITY COUNCIL AGF4(PA ITEM
Appropriation
Requested By: Nick Finan
Source of Funds:
N/A
N/A
N/A
Department: Plannine:
Account Number:
Report: _Resolution: _Ordinance: -K-
Amount Budgeted:
Exhibits:
P&Z Staff Report
Vicinity Map
Aerial Map
Ordinance
SCUP #03-004
Mail Out Response
Applicant's responses
Amount Requested:
N/A
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its January IS, 2004, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Pennit Request #SCU03-004. The request, submitted by Mr. Scott
Rodriguez, seeks approval of a Special Conditional Use Pennit (SCUP) to build a single-family house and an accessory
strocture (6,000 sq.ft.) as a detached gamge on a 5.89 acre of land located in the 800 Block of McCabe Road. The property
is zoned Planned Unit Development (PUD).
Staff's review identified two areas of concern:
. A 6,000 sq.ft. accessory structure when the ordinances pennit a maximum of 2,000 sq.ft.
. An accessory structure in excess of 1,000 sq.ft. must be located at least 30' behind the rear of the primary structure.
Based on the above, the applicant filed a variance request to the Zoning Boant of Adjustment The Zoning Board of
Adjustment at their December 4, 2003, meeting granted the variance request However, an accessory structure must be
located at least 30' behind the primaIy structure as per the Board's ruling. The applicant's response in this regard is
attached. In addition, the Planning and Zoning Commission asked the applicant to check into the feasibility of having an
accessory strocture look architecturally similar to the house. The applicant submitted an estimate for the stonewall in this
regard (see copy attached).
Fourteen (14) notices of public hearing were mailed to neighboring property owners. Two responses were received. The
Planning and Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use
Pennit #SCU03-OO4 with the following conditions:
1. AccessoJ)' building must be located at the minimum of thirty-feet (30') behind the rear of the primary structure, as
required by the City's Code of Ordinances.
2. Assure that the proposed structure is not visible from the neighboring residential properties to the south.
3. Ensure that tree line will be preserved for at least 100' from the side and ISO' from the rear property line, as shown
on the site plan with a building setback being the same.
4. Roofed~ver structures on the property do not accumuIatively exceed the maximum forty percent (4()01o) lot coverage.
5. Check into the feasibility of having an accessory structure look architecturally similar to the house.
6. No livestock shall be allowed at the property.
7. Additional development at site shall be subject to filing a new application for Special Conditional Use Pennit
8. Developer shall comply with all applicable laws and ordinances of the City and the State of Texas
Action ReQuired bv Council:
1. Conduct public hearing.
2. Consider approval of Special Conditional Use Permit #SCU03-004 and amending Ordinance ISO 1-
0J-3-/{)f
Date