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HomeMy WebLinkAboutO-2018-3722 SCUP#18-910000011 to allow development of hotel/motel ORDINANCE NO. 2018-3022 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 SPECIAL CONDITIONAL USE PERMIT NO. 18-91000011, TO ALLOW FOR A HOTEL (EXCEPT CASINO HOTELS) AND MOTEL USE IN A GENERAL COMMERCIAL (GC) ZONING DISTRCT,ON A 2.39 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS RESERVE A,BLOCK 1, HOME PORTE, 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: $ection 1.Chapter 106"Zoning"of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit#18-91000011,attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a Hotel(except Casino Hotels)and Motel use on a 2.39 acre tract of land,said tract being legally described as Reserve A,Block 1,Home Porte,LaPorte,Harris County, Texas,and situated within a General Commercial (GC)zoning district. Section 2. All ordinancesor parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 24th day of SEPTEMBER, 2018. CIT O r A PORTE, TEXAS By: Agfa Louis R. Rid? ayor A EST: j0 Patrice Fogarty, Ci ecret APPROVED: VZ,e(4./e 741•446- Clark Askins,Assistant City Attorney EXHIBIT A City of La Porte Special Conditional Use Permit#18-91000011 This permit is issued to: Sailesh & Paresh Gandhi Owner or Agent 1251 South 13th St. La Porte,TX 77571 Address For Development of: Marriott Motel Development Name SE Corner of W. K St. and S 14th St. Address Legal Description: Reserve A, Block 1, Home Porte Zoning: GC, General Commercial Use: Hotel (except Casino Hotels) and Motels 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 Hotel/Motel. 3. The underlying zoning is GC. All GC requirements will need to be met. 4. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process for any proposed building improvements. 5. 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. 6. Hotel must have a minimum of 130 hotel rooms 7. Hotel amenities must include,at minimum, a fitness center, pool, and meeting/conference rooms 8. No truck parking will be permitted on site and no future truck parking plans shall be approved for the site. 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. f Validation Date: / 017 � (2 Oar - Directo f Planning and Development City Secretary