HomeMy WebLinkAboutO-2007-1501-P5 scup07-002
ORDINANCE NO. 1501- f~
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 #SCU07-002 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 7 ACRE TRACT OUT OF 8.2628 ACRES
OF LAND, BEING TR 719 AND E % OF TR 718, LA PORTE OUTLOTS, W. B. LAWRENCE
SUBDIVISION, VOLUME 83, PAGE 344, DEED RECORDS OF HARRIS COUNTY, LA PORTE, TEXAS,
FOR THE PURPOSE OF DEVELOPING A NURSING HOME ALONG UNDERWOOD ROAD SOUTH
OF CAN IFF ROAD; 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 March, 2007, 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 March 15,2007, the
Planning and Zoning Commission of the City of La Porte met in a 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 March 20,2007, 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- f 5'
Page 2
"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 April, 2007, 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 Special 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:
A 7 acre tract out of 8.2628 acres of land being TR 719 and E % of TR 718, La Porte
Outlots, W. B. Lawrence Subdivision, 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 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
was posted at a place convenient to the public at the City Hall of the City for the time required
ORDINANCE NO. 1501- PS
Page 3
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 4fl-tay of ~ ' 2007.
CITY OF LA PORTE D
By: ()~ L. \ ~-d=;; --
ALTON PORTER, Mayor
ATTEST: ~
BY:~'lA~
MARTHA ILLETT, City Secretary
APPRO,'i
By: ~ 7:~
CLARK T. ASKINS, Assistant City Attorney
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 15th
day of March, 2007, 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
#SCU07-002, for approximately 7 acre tract out of 8.2628 acres ofland, being TR 719 and E ~ of
TR 718, La Porte Outlots, W. B. Lawrence Subdivision, Recorded in Volume 83, Page 344, Deed
Records of the Harris County, Texas. The property is located at Fairmont Parkway and Underwood
Road, south of Caniff Road. Happy Harbor Methodist Home, Inc. seeks approval of a Special
Conditional Use Permit for proposed nursing home to be located in the Planned Unit Development
(PUD) zone.
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 LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
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) 471-5030 for further information.
:::x.H'~rr A
Permit Request
#SCU07-002
320 S. 8th Street
~?orte, Texas 77571
THE~lA TE OF TEXAS
NOTICE OF PUBLIC
HEARING ' ,
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COL OF HARRIS
CITY OF..LA PORTE
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f~~J't~',~::~.:~.{:.:pF~ tI " "
:,c, ",' itizens:~isIWgjlyn Kellogg
to ,address 'th&,;Cornm!S-:.; .
''SIcn ,prc;i orcortdu'nng the;;f ry PubliC
~~i~~~t~~a~~n~~f:r:4::~::s County, Texas
.,' me~:~t~~ is ~~~~~ned. " " , :;.;
" In accordance
with the provisions of Sec::,
tion ' f064-? i vnTieCOde,~
'of, Ordinances :c)fth~ '~itY~;
~ of La 'Porte; anCl~he ' , rovi~' , ,
~.sio
subscribed before me this
,2007.
~cj
day of
,'.i .,'-".,.....,. ',.- .:'_'"
,'.', erN OF LA POflTE'
~'.Y." :~:,,:ommission Exprires April 11 ,2010
.. .. ~ littla'Gillett, .. , ' ,
I~MC;CMC,' .', "';'
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'A quorum of City Council, .
. 'members may be' present
, and partiCipate in discus~' 'I
sions'during this meeting, ,",,1"
however,no action will be
t!:l!t-.o;"I-I",r.J''U ,,..,,,il. ..', ~c_.~,~_ ._-._--~-
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KAROLYN KEtlOGG
MY COMMISSION EXPIRES
Apill11.2010
~XHI~"" ,j
City of La Porte
Established 1892
March 20, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU07-002
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on March 15,2007,
considered Special Conditional Use Permit #SCU07-002. The applicant, Richard Ogrin, on behalf
of the Methodist Retirement Communities, Inc., seeks approval to develop a nursing home along
Underwood Road south of Can iff Road within a Planned Unit Development (PUD) zone.
After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends
that City Council consider approval of Special Conditional Use Permit #SCU07-002 with the
following conditions in place:
1. This SCUP outlines in general terms the proposed Planned Unit Development. Any future
construction or development of the private or public improvements anticipated by this SCUP
and the General Plan shall require further submittal and approval of certified site plans and
construction drawings etc.
2. #SCU07-002 is specifically limited to the proposed nursing home; any future development
shall be subject to filing a new SCUP.
3. Proposed development shall be screened from view of adjoining residential district in
compliance with Section 106-444(a) of the Code of Ordinances. Landscaping and some
mechanism of screening will serve as a natural buffer between residential and this proposed
facility.
4. All lighting in the parking lot shall be hooded and arranged so as to deflect light away from
the adjoining residential zone incompliance with Section 106-521(a) of the Code of
Ordinances.
5. The applicant shall comply with all applicable laws and ordinances of the City and the State
of Texas.
~peCI lIy SUb:
Pat Muston
Chairperson, Planning and Zoning Commission
c:
John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
'ftH19rr C
SCU07-002
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 9th day of April, 2007, 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 #SCU07-002, for
approximately 7 acre tract out of 8.2628 acres ofland, being TR 719 and E lIz ofTR 718, La Porte
Outlots, W. B. Lawrence Subdivision, Recorded in Volume 83, Page 344, Deed Records of the
Harris County, Texas. The property is located at Fairmont Parkway and Underwood Road, south of
Caniff Road. Happy Harbor Methodist Home, Inc. seeks approval of a Special Conditional Use
Permit for proposed nursing home to be located in the Planned Unit Development (PUD) zone.
,'-
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, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
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.
"I~rr D
SCU07-002.:=___=-r
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY
,~.,'
l20 S. 8th Street
)orte, Texas 77571
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281-471-1234
Fax 281-471-5763
'.A PORTE
NO,T,', USE,OF PU"B, L""',C",,.',.,,'rb......,' ' , '
, 'HEARING ., e
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In accordance 'I
Nith the provisions of Sec-
:ion 106-171 of theC6de I
)f Ordinances of the, City ,:
)f L~, Porte, and, the provi- V
lions (>f tl1e Texas Local I
30v m nt, (:;ode, notice I
','. rb""" ive,n"tl1at-.,.,'.t.",h"."e"",L,at,ty of La Porte
rt ,c Council " will ' .
:0 u '.' hearing. unty of Harns
It 6: ,,', :he 9th
lay. A . in the te of Texas
'cilC of the '
~ity Hall,' Fair-
P:;is.p~r~ Qrt6f fore me, the undersigned authority, on this date came and
ris~elarlncg). . 'er, peared Lisa Godfrey, a duly authorized representative of The
,pecla , 0 It!, " Use
:ermit ,.., ,,'.fi}!;~Elque~t yshore Sun, a semi-weekly newspaper published and generally
,SCU07-(102, . fqri1;lpprOXI- 'b t d' th C't f L P rt H . C t T d h
1ately 7 acre tract out of ftn u e In e I y 0 a 0 e, arns oun y, exas an w 0
~~6~ j~~e:n~f~ag%f~~ .er being duly sworn, swears the attached notice was published in
18, La PorteOutl~t~~.W. ..,.e Bayshore Sun dated~a..11v '7
I, l-awrellceSubdIVlSlon,: ,
'''''''''0<l''!'TYoiifJ\'i,i11M. ~
'age 344.' Deed ReS,ords '.." ~
f ' th-l-l~rrl~.C!?unty.
""" ' p~rty "'0" " ~
a, ted"","'.',.."'"'."'",."F""a,irm"."o",,,,n,t",', P, ar"k>, ',' _L ~
'ay '. 'and '.., i ,Underwood:
lOad". :'::$9l!!h..c;>f:g~QtfLi
h?!J,', d"""P,',El""",m,.", .""a", d",. e"",c".,'J8"..,,' .,h"""',O",.Li1J.",,,.,'r' a G odf rey
'nor.:i to, '.JhEl,:/TW/1.~np. . c
'/ea[;e'contactthe City I
:ecret~ry~9ffiqe. a! .(2~V,.lf
71-5020. or 'c.mqLme
281) 4~175030/orfUrther!
1formation. ' I
~worn and subscribed before me this
<-rYJClAch ,2007.
~ ~ /?lei
day of
~~~
arolyn Kellogg "
Notary Public
Harris County, Texas
'~'tUU:"'"
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"",.;,~,~""..
KAROlYN KELlOGG
MY COMMISSION EXPIRES
Apiil 1t, 2010
My Commission Exprires Apri/11, 2010
fllHla"' E
City of La Porte
Special Conditional Use Permit # SCU 07-002
This permit is issued to:
Methodist Retirement Communities (c/o Richard Oarin: Aaent)
Owner or Agent
Address
For Development of:
Happy Harbor Methodist Home
Development Name
Underwood Road and Fairmont Parkway
Address
Legal Description:
Approx. 7 acres out of 8.2628 acres of land,Beina TR 719 and E %
Of TR 718. La Porte Outlots, Harris County. Texas.
Zoning:
Planned Unit Development (PUm
Use:
Nursina Home
Permit Conditions:
1. This SCUP outlines in general terms the proposed Planned Unit Development. Any future
construction or development of the private or public improvements anticipated by this SCUP
and the General Plan shall require further submittal and approval of certified site plans and
construction drawings etc.
2. SCU#07-002 is specifically limited to the proposed nursing home; any future development shall
be subject to filing a new SCUP.
3. Proposed development shall be screened from view of adjoining residential district in
compliance with Section 106-444(a) of the Code of Ordinances. Landscaping and some
mechanism of screening will serve as a natural buffer between residential and this proposed
facility.
4. All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the
adjoining residential zone in compliance with Section 106-521 (a) of the Code of Ordinances.
5. The applicant 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.
~~ 0<(4
City Secretary
SCU 07-002
604 West Fairmant Parkway
La Porte, Texas 77571
CITY OF LA PORTE
GIS MAPPING
e
CITY OF LA PORTE
1 inch equals 155.38 feet
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A Meeting of the La Porte
Plannin~ & Zonin~ Commission
(Type of Meeting)
Scheduled for
March 15, 2007
(Date of Meeting)
to Consider
Special Conditional Use Permit (SCU#07-002)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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A Meeting of the La Porte
Plannin~ & Zonin~ Commission
(Type of Meeting)
Scheduled for
March 15, 2007
(Date of Meeting)
to Consider
Special Conditional Use Permit (SCU#07-002)
(Type of Request)
I have received notice of the above referenced public hearing.
I am in F AVO R of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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