HomeMy WebLinkAboutO-2018-3718 SCUP#18-91000008, to allow for a Skilled Nursing Facility ORDINANCE NO. 2018-3718
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE,BY GRANTING SPECIAL CONDITIONAL
USE PERMIT NO. 18-91000008, TO ALLOW FOR A NURSING CARE FACILITY
(SKILLED NURSING FACILITY) USE IN A PLANNED UNIT DEVELOPNT (PUD)
ZONING DISTRCT, ON A 6.95 ACRE TRACT OF LAND AND BEING LEGALLY
DESCRIBED AS TRACTS 718B, 719, AND 719A, LA PORTE OUTLOTS, LA PORTE,
HARRIS COUNTY, TEXAS; 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,TEXAS:
Section 1.Chapter 106"Zoning"of the Code of Ordinances is hereby amended by granting Special
Conditional Use Permit#18-91000008,attached hereto as Exhibit A and incorporated by reference
for all purposes, to allow for a Nursing Care Facility(Skilled Nursing Facility) use on a 6.95 acre
tract of land,said tract being legally described as Tracts 718B, 719,and 719A, La Porte Outlots,La
Porte,Harris County,Texas,and situated within a Planned Unit Development(PUD)zoning district.
Section 2`A1l 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hereby repealed; provided, however, that such repeal shall be only to the extent of such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 27th day of AUGUST, 2018.
CITY F A 'ORTE, TE • S
By: �.�►
Lou s R. Rig y, .yor
A EST:
/-614
Patrice Fogarty, � Secrry
APPROVED:
OfieT.
Clark Askins, Assistant City Attorney
EXHIBIT A
City of La Porte
Special Conditional Use Permit#18-91000008
This permit is issued to: Smithers Merchant Builders, LP
Owner or Agent
21726 Hardy Oak Blvd,San Antonio,TX 78258
Address
For Development of: La Porte Skilled Nursing Facility
Development Name
SW Corner of Caniff Rd. and Underwood Rd.
Address
Legal Description: A 6.95 acre tract of land legally described Tracts 718B,719,and 719A,
La Porte Outlots, Harris County, La Porte,TX
Zoning: PUD, Planned Unit Development
Use: Skilled Nursing Facility
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. Permitted use on site will be described as Nursing Care Facilities(Skilled Nursing Facilities)
NAICS code 623110.
3. The underlying zoning will be NC. All NC development requirements will need to be met.
4. Buildings constructed along Caniff Rd.will be restricted to 1 story.
5. Buildings not along Caniff Rd. may not exceed 2 stories.
6. All necessary documentation for building permit review must be submitted in conjunction
with the city's building permit application process.
7. Any substantive modifications to this Special Conditional Use Permit will require an
amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of
Ordinances.
Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time granted
after application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated,the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped. y
V. ' "on Date: �a �-i0
/ /
_ 14, , c2 ..a.
/Director of Planning and Development City Secretary