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HomeMy WebLinkAboutO-2017-3669 Chapter 106 "Zoning" of the Code of Ordinances ORDINANCE NO. 2017-3669 AN ORDINANCE AMENDING THE CODE OF OANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFE TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 16-91000004 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING A ENTERTAINMENT, COMMERCIAL AND MIXED-USE DEVELOPMENT CENTER ON STATE HIGHWAY 146 NORTH OF WHARTON WEEMS BOULEVARD; 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#16-91000004, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the construction of an entertainment, commercial and residential mixed-use development center on property located on State Highway 146 north of Wharton Weems Boulevard, said facility to be located on a 40 acre tract legally described as Tract 1 and Tract 1L, Johnson Hunter Survey, Abstract 35, City of La Porte, Harris County, Texas,within a Planned Unit Development (PUD)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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 _day of FEBRUARY,2017. CITY OF" ' •RTE, TEXAS By: • Rigby,7 or A ST: ItL� Patrice Fogarty, Secre APPROV D: 774-441,1 Clark Askins, Assistant City Attorney 1 —_ ---'"eD-- WWI.SCALL PARKING TABULATION ...A....,........ ....,.............. ....,.._ rwo-C.sm(s 1-I ,........ iiill'ulTME _ _ __ _ .....%lam•---- 1116411W 1 I I .. 4. .44,.......... ..r ,......71. ''n=4...vetz,........ . . . Iliffirdars ,..,,..„_\ z • ,, ,..7,mr......erlin\-,,,s,<Ut‘ -, ,'ir,N,Vr .4ilaij.."." ,: ALIVA...ni.aca 9 x 09:14..40 4...a3 1.49•440.AS 9.0 ,,siniiIIIIL.\ ..7- - •-•• ° , s 1 . ". - u ,,....,...., , :-.„., , s... ,-;;,..,‘,A—vt. ...z.,-s ;.,., ...944.:43.1m sr x nom-ma 9.4.4 c„,...,..,%, ,,,,,,...; - FAMILY ENTERTAINMENT 17 112111..1.14•14_9640,_.114_44401 MY 049.44 sem.,.1 SB 7•••., .•+IN. V ....: ' il• MCI I 1' 4"/ CENTER 0 \ ; ',XI 0 At& 4, ig, c , %Tfr . 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TEXAS mom a COMM scat QILPEIX SCIIE L__.._________ ______________ TOWNHOME/VILLAS ^ BROWNSTONES ,_,_, m n me .ow I- L, I (\ \ �u10 cm wn do cv of , r 1 — ---��I Y TOWNHOMES \I•itki‘ LIVE/WORK �� ]d 1A GENERAL i' "W"O'°I'°"'I n, COMMERCIAL i ---'—" —""1 HOTEL,./i \ I 1 Zr _do :/ ei OP O o , 5 TOWNHOMES c GENERAL 1, I l COMMERCIAL I I ` Di] I ! �w``°V°(00..'.0 v°Ion I 1g GENERAL i GENERAL ;Pg ,� .... P 1 COMMERCIAL COMMERCIAL L I B OM W. • 1 GENERAL i COMMERCIAL I 1� ` ILI lc sr — — — ,,,...• ft. 1I N H>- rrr Wa --O Y-F STATE HWY 146 3 aa••of R.O.W VARIES I Z u PON*TOWN®fly 1�1OZI MR IM.Y POWS.LE _ 3T>y D R.O.W EXHIBIT B ' 1 m O VOi WITH LABEllNG ICITY OF LA PORTE. TEXAS owMIc no • i it ..--,----y ,_-_-.:-..,5= - _ 11,4. 4 , . ,, _.,::::,,, 404....44,64.44.4„-- , „,, . 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Friendswood Drive,Suite 303; Friendswood,TX 77546 Address For Development of: La Porte Town Center Mixed Use Development Development Name Vacant 40 acre parcel; located on State Highway 146 north of Wharton Weems Boulevard Address Legal Description: Tracts 1 and 1L,Abstract 35,Johnson Hunter Survey Zoning: PUD, Planned Unit Development Use: Entertainment, Hotel and Conference Center,Commercial and Medium- Density Residential 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. All buildings shall meet or exceed the Design Standards outlined in Article IX,Chapter 106 of the Code of Ordinances. 3. Land uses permitted in accordance with the La Porte Town Center General Plan, as may be amended from time-to-time.Any modifications to the approved General Plan require approval by the Planning and Zoning Commission in accordance with the city's Development Ordinance. 4. Land uses permitted in the commercial area(all areas excluding residential land uses)shall be in accordance with the uses permitted in Chapter 106,Zoning,of the city's Code of Ordinances Use Chart under GC(General Commercial)at the effective date of this SCUP, excluding the following uses: a. Automobile repair and maintenance (811111-811198); b. Construction, Mining and Forestry Machinery and Equipment Rental and Leasing(532412); c. Office Machinery and Equipment Rental and Leasing(532420); d. Other Commercial and Industrial Machinery and Equipment Rental and Leasing(532490); e. Transit and Ground Passenger Transportation (485111-485999); f. Motor Vehicle Parts and Dealers (441110-441228); g. Furniture and Related Product Manufacturing(337110-337122); h. Construction of Buildings(236115-236118); Contractors(238110-238390). 5. The commercial area shall be developed in accordance with the requirements for the General Commercial zone district. However,if the developer desires to subdivide the commercial area,then setbacks shall be as follows:external property line adjacent to Highway 146—25 feet;external property line adjacent to north and south public right-of-way—10 feet; internal property lines—0 feet. The residential land uses identified in the General Plan as"Townhouse"shall be constructed in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances and applicable building code requirements and shall be limited to townhouse development only—not multifamily apartments or condominiums.The townhouse development may exceed the(12) twelve unit maximum for attached units and front setbacks for the townhouse development shall be permitted at a minimum of 5 feet from the front property line. 7. Additionally,the"Live-Work" units are permitted and shall comply with applicable setbacks that would be required for buildings in the Main Street Overlay District. If an attached garage is provided,then the rear setback for the building shall be 5 feet. 8. The perimeter boundaries of the property along the north and south property lines shall include the installation of an 8-foot high solid masonry fence intended to mitigate the impact of development on future residential development,as identified in the city's Future Land Use Plan. Additionally,shade trees shall be planted at 20'on center along the fence line. If land uses on the adjacent properties are modified in the future allowing for similar uses,then such fence and landscaping shall not be required.The northern fence shall be included and constructed as part of the first set of construction plans approved by the city,while the southern fence shall be constructed prior to the completion of the final phase of development. If at any time the property to the south of the proposed development is developed for single family residential,the southern boundary fence must be constructed at that time regardless of which phase of development the project is in. 9. In lieu of a fence along the eastern boundary of the project,the developer shall be required to plant shade trees,at a minimum 3"caliper and 20'on center. In addition to the shade trees, shrubs shall be planted at no less than 5 gallon in size with a minimum spacing of 3'on center. These plantings are required along the entire length of the eastern boundary and shall be in place prior to the completion of Phase II of the development. 10. The applicant shall install the segment of the city's Hike and Bike Trail through the development area as identified in the city's Comprehensive Plan.The construction of the trail shall be in accordance with all applicable requirements and specifications required by the City Engineer. Additionally,following construction of the Hike and Bike Trail,the developer shall dedicate to the City of La Porte a permanent public trail easement 20'on center for the Hike and Bike Trail. 11. The developer shall provide internal connection between the city's Hike and Bike Trail to the development. 12. The developer shall work with staff at the time of site plan review to minimize the amount of parking stalls along the Highway 146 frontage.This should be accommodated by relocating buildings in a manner that places parking on the side of the building or internal to the development. If this is not possible,the developer may install planter islands at 1 per 10 spaces for both rows of parking along a drive aisle parallel to Highway 146.Additionally, hedges shall be planted at 3-foot on center in two rows of plantings.Such hedge row shall be installed with a variety of plant material to provide visual diversity of plant materials. 13. For the commercial portion of the development, parking shall be calculated based on the aggregate amount of parking required and proposed;joint parking is allowed.Additionally the applicant may include on-street parking,only where permitted by the city,toward the amount of parking provided for the development. 14. Parking is not permitted within any alley right-of-way. 15. The developer will be required to replat the subject property in accordance with the requirements of the city's code requirements. 16. All public streets internal to the development site shall be constructed in accordance with the city's Public Improvement Criteria Manual and shall be dedicated to the city. Regardless of phasing of the development, any dedication of public improvements identified as part of the plat must be accepted by the city prior to the recordation of the Final Plat.Should the developer desire to construct such public streets at a later time,then a development agreement shall be required between the city and developer that provides a financial guarantee,as approved by the city,that will ensure that said public roads will be installed and a date for which those improvements must be made. 17. Parking on any public street shall only be permitted on one side of the street and shall be signed by the developer in accordance with applicable sign requirements. 18. Access to any public right-of-way is subject to the requirements of Section 106-835, Figure 10-3 and will be reviewed at the time of Site Development Plan.TXDOT right-of-way access permits shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum driveway widths shall be provided in compliance with city code requirements. 19. The developer will be required to submit for approval by the City Engineer,a drainage report indicating how the proposed development will accommodate the requirements for storm water detention in accordance with the city's Public Improvement Criteria Manual,or if discharging in a TXDOT or Harris County system,approval by such authority. 20. Because Highway 146 has been identified as a significant corridor in the community,the developer shall work with the Planning and Zoning Commission at the time of site plan review on a landscape theme along the Highway 146 frontage.Such theme shall be above and beyond the requirements outlined in Section 106-800 of the city's Code of Ordinances. 21. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 22. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the applicant,shall be required. If any mitigation is required by the study,the applicant will be responsible for their proportion of the impact.All contributions would be subject to reimbursement through the TIRZ, pursuant to approval by the TIRZ Board. 23. If extension of any public water or sanitary sewer line is required as part of this development,the applicant will be required to execute a utility extension agreement with the city and install such improvements at the cost of the developer. 24. 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. 25. The hours of operation for the family entertainment center shall be 10:00 a.m.to 12:00 a.m. Sunday through Thursday and 10:00 a.m.to 2:00 a.m.on Friday and Saturday.There may be up to two days in a calendar month where the family entertainment center may remain open from 10:00 a.m.to 2:00 a.m.during the week in order to accommodate special performances.The operator of the family entertainment center will be responsible for informing the city in writing at least one (1) week before such event. 26. The residential townhouses are required to be platted as part of the first phase of the development.A minimum of seven(7)townhouse units are required to be available for development as part of the initial phase of development. 27. A photometric plan will be required at the time of site plan submittal that will identify site lighting and the lumens proposed across the site. Lighting will need to be in compliance with the requirements of Section 106-310, Footnote A,of the city's Code of Ordinances. 28. No development permits shall be issued for any work within the 40 acre project prior to the applicant obtaining construction permits and commencing construction of the required drainage interconnect under Wharton Weems Blvd.This interconnect is meant to connect two existing detention basins and is vital to the entire project's overall drainage system. Failure to start construction of the building 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 La Porte,and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: 2.- 2 r - I PaVa-Lt 'law 1 Director of Planning and Development City Secretary / Exhibit B 4 i 3 OC ------ ' A Special Conditional Use Permit Application A o Planning and Development Department ,c , 604 West Fairmont Parkway Y; La Porte,Texas 77571 "`A281-470-5057 o- I 5 OVERVIEW 1 Approval of a Special Conditional Use Permit (SCUP) is required under the following circumstances: 1. To consider approval of certain uses identified as "Conditional Uses" in the city's Commercial and Industrial Use table (Section 106-310 of City of La Porte Code of Ordinances) and Residential Use table (Section 106- 331). i 2. When developing property in a Planned Unit Development(PUD)zone district,consideration of a SCUP is required in accordance with Section 106-659 of the Code of Ordinances. SCUP requests are reviewed by the Planning and Zoning Commission as a public hearing.The Commission consists of residents of the community appointed by City Council. The Commission meets on the third Thursday of every month,as necessary.The Commission will forward a recommendation to the City Council for final consideration. ( ) SUBMITTAL REQUIREMENTSli The following application package must be submitted to the Planning and Development Department at least three(3) weeks prior to the desired hearing date. ECompleted application form. X Application fee of$400; nonrefundable. Iii Site plan,conceptual site plan or general plan,drawn to scale and dimensioned to show the location of proposed improvements for the development. I I Project description/justification letter that thoroughly explains what is being requested and why such SCUP should be approved by the Planning and Zoning Commission and City Council. X Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the ; property for at least 10 days prior to the Planning and Zoning Commission meeting date.Such sign will be provided by the Planning and Development Department. i PROCESS ( i > Upon receipt of a complete application package by the Planning and Development Department,the SCUP request i will be scheduled for the next available Planning and Zoning Commission meeting date as a public hearing. > The Planning and Development Department will provide the applicant with a Notice of Public Hearing sign that must be posted on the property where the SCUP is being requested.The sign must be posted on the property visible and m within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing. t, > The Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and at City Hall in conformance with legal requirements.Additionally,the city will send notice of the public hearing to all i property owners within 200 feet of the subject property where the SCUP is being requested. •.i,�,,, -:1 E 1 1 . . 1 S s;°' Special Conditional Use Permit Application Planning and Development Department s I D The Planning and Zoning Commission public hearing will be held in the City Council Chamber at City Hall(604 W. Fairmont Parkway).At the meeting,the Planning and Zoning Commission will conduct a public hearing and provide a recommendation to the City Council on the proposed SCUP.If additional information is requested by the Commission,the public hearing may be continued to a future meeting date. D The Commission and City Council may impose special conditions on an SCUP in an attempt to ensure compatibility of i the proposed development with surrounding properties and the community as a whole. D The Commission is tasked to review the proposed SCUP and offer a recommendation to the City Council for approval,denial,or approval with conditions. I i D Following the Commission's public hearing,their recommendation on the proposed SCUP is then forwarded to City Council for consideration. 4 t D For the City Council public hearing,the Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and post notice at City Hail in conformance with legal requirements. D The City Council public hearing will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway).At the meeting, the City Council will conduct a public hearing and render a decision on the proposed SCUP. However, if additional information is requested by the City Council,the public hearing may be continued to a future meeting i date. The following is an excerpt from the City of La Porte's Code of Ordinances pertaining to SCUP requests. 1.I CODE REQUIREMENTS I ( Conditional Use Permits Sec.106-216.-General conditions for all conditional uses in all zoning districts. a I (a) A special conditional use permit may be granted by the city council for the construction of a building and/or the t establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. i ) (b) Upon application for a special conditional use permit and submission of a general plan,major development site plan, ( minor development site plan,or preliminary plat(as the case may be),the city planning and zoning commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected,as provided in•; 1 ; ()‘; /I, (Amendment procedures).The general site plan,major development site plan, minor development site plan,or preliminary plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities,location of buildings,building uses to be permitted,means of ingress and egress,and other pertinent information,together with the r information required by the development ordinance of the city. E F; (c) After public hearing and upon recommendation of the city planning and zoning commission,the city council may L modify the final planned unit development plan and issue a special conditional use permit containing such requirements and safeguards as are necessary to protect adjoining property. (d) Failure to begin construction within one year 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 1 zoning commission. EIEC 1 g 2016iii; I 1 i • f Special Conditional Use Permit Application F Planning and Development Department (e) If construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated, the division 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,and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. {f) Every special conditional use permit granted as provided herein shall be considered as an amendment to the zoning ordinance as applicable to such property. Sec.106-217.-Conditions for approval. A special conditional use permit shall be issued only if all of the following conditions have been found: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, x nor significantly diminish or impair property values within the immediate vicinity. (2) That the conditions placed on such use as specified in each district have been met by the applicant. (3) That the applicant has agreed to meet any additional conditions imposed,based on specific site constraints, and necessary to protect the public interest and welfare of the community, ) Sec.106-218.-Amendments. The procedure for amendments for a special conditional use permit shall be the same as for a new application. Please note that requirements for notification of the public hearing are subject to the provisions of Section 106-171 of the Code of Ordinances. ) i. } OEC ' 2016 ( Special Conditional Use permit Application Planning and Development Department PROJECT INFORMATION Address where SCUP is being requested: Not assigned at this time Legal description where SCUP is being requested: Tract 1 L,Abstract 35 J Hunter&Tr 1 Abstract 35 J Hunter HCAD Parcel Number where SCUP is being requested: 0402780010034&0402780010007 Zoning District: PUD Residential Lot area: 20 acres& 19.45 P rcel#0402780010034/0402780010007 A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte. Description of Request: PUD residential to PUD Conditional Use Permit Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. PROPERTY OWNER(S)INFORMATION Name: BayForest Ranch, LTD/Dr. Malladi S.Reddy Company(if applicable): BayForest Ranch, LTD/92 Fairmont Lakes, Inc. ' Address: 5325 Katy Freeway,Ste 1, Houston,TX 77007/2398 Baycrest Drive, Houston,TX 77058 City: Houston State: Tx Zip: 77007/77058 Phone: 832-489-6077/281-468-5190 Email: judith@mbafundingcorp.com/Dr. Reddy email is unavailable !' AUTHORIZED AGENT(If other than owner) Name: David Miles Company(if applicable): Western Spherical Developers, LLC Address: 907 S. Friendswood Dr, Ste 303 City: Friendswood State: TX Zip: 77546 Phone: 936-675-0054 Email: dcmiles©sphericaldev.com OWNER(S)&AGENT CERTIFICATION I hereby depose and,state.under the penalties of perjury that all statements,proposals and/or plans submitted with/or contained in this applicatioryate true and correct . d the application is complete to the best of my knowledge and belief. Agent's Sig,attire: , � � Date: /2-/a/2.6 Owner(s)'Signature(s): Date: STAFF USE ONLY: Date Application Received: Case Number: _ R. DEC 1 9 2016 LAND USE Scup REQ.EQ #1s_9000004 f:- Opr --..fid�.�- wF Spa � . 01�ryh�,,III pHT ._AIRMONT.Piriig; ; ' &!i1Iig : esti qpt? win ili-sw,„„_K.;§T1_; ■tiiiwig . 'WMSTx< — .. ..r ,;.. ,,;n 4.,,,,,sot 11 t- 7 id;Li la LIT-Exior ,,, 1 LITTLE DAR 8 II ll II Mrptilt AYOU , r r r[BE1 rj El kt- ■07 ` �p �� ra -,„,-;,--. _74:4 �1.2 rar iiii ,4'4 GARDEN WALK ,, ■ . orill:.-- Iiirniet_ .,1 ami'' -altil ithi)111,&).:r . �,�'s a DR--�� . _ [171TOCATIO/VOa `� �'ROPERTof "!mil a �' Y aIII ~J�USTIE[Dmirifts U � Li ji. ,- itamill ili la r . :1410ii[ije it111 al II i. . rrrrry irsicillirtt- is.. , , r3; ;�irl au II E L►.rtr 'ARBOR'-: Legend ~`'. ,` wHARro " aza a. N WEE FAIRWAY DR MS BLVD Y#4 LOI/v DENSITY ' '°gRC�Rti Cil- 1P ■,i�VW MID RESIDENTIAL tar MID-HIGH � "' "" �A MID-HIG DENSITY RESIDENTIAL ` e/ COMMERCIAL COMMERcrgL L t . . 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