HomeMy WebLinkAboutO-2019-3737 Amending the Code of Ordinances, Chapter 106 "Zoning", by granting SCUP# 19-91000001ORDINANCE No. 2019-3737
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. 19-91000001, TO ALLOW FORTHE DEVELOPMENT OF TEN
(10) SINGLE FAMILY ATTACHED DUPLEX HOMES AND ONE (1)
SINGLE FAMILY TRIPLEX HOME IN THE MIXED USE (MU) ZONING
DISTRCT, ON 1.36 ACRES OF LAND AND BEING LEGALLY DESCRIBED AS LOTS
7-27, BLOCK 32 AND LOTS 20 - 21, BLOCK 31, BEAC14 PARK SUBDIVISION, LA
PORTE, HARRIS COUNTY, TEXAS; 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' lT ORDAINED BY THE CITY COUNC1F, OFTHE CITY OF [.,A PORT f`.'.,'FFXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special
Conditional Use Permit #19-91000001 attached hereto as Exhibit A and incorporated by reference
for all purposes, to allow for the development of ten (10) single family duplex homes and one (1)
single family triplex home on 1.36 acres of land, being legally described as tots 7 - 27, Block 32
and l.,ots 20-21, Block 31, Beach Park Subdivision, 1.,a Porte, Harris County., Texas, and situated
within the Mixed Use (MU) zoning district.
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repeated; 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, butt 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 air(] 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 (I louncil 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.
Sectioii 7 This ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the 8t' day of APRIL, 2019.
oodward, City Secretary
APPROVED:
L �
Clark Askins, Assistant City Attorney
EXHIBIT A
City of La Porte
Special Conditional Use Permit #19-91000001
This permit is issued to: Bavwav Homes
Owner or Agent
PO Box 1244, Friendswood, TX, 77549
Address
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
Bavwav Homes Circles Sinele Family Attached Development
Development Name
Northern -most of "Circles" across from
Sylvan Beach Park, near Bayshore Dr.
Address
Lots 7-27, Block 32, and Lots 20 and 21, Block 31, Beach Park
Subdivision, Harris County, TX
U. Mixed Use
Single family attached duplex homes and one triplex home
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. This SCUP replaces
and supersedes SCUP 16-91000001. 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. The underlying zoning is MU. All MU requirements will need to be met.
3. One single family attached duplex unit is permitted on two platted lots within the
development area. A total of ten (10) single family duplex units are permitted, and shall be
located on Lots 10-27, Block 32, Beach Park Subdivision and Lots 20-21, Block 31, Beach Park
Subdivision.
4. A fire wall is required along the shared property line separating each unit in accordance with
applicable residential building and fire codes.
5. A 0' setback is permitted on the shared property line separating the two units of each duplex.
Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a
minimum of 5' from the side property lines and a minimum or 10' from the rear property line.
6. Special allowance is given to the setback for Lot 22 due to the irregular shape of the lot. The
side/rear setback adjacent to the alley is permitted to be at 0'.
7. A minimum of two off-street parking spaces shall be included for each individual unit.
8. A single triplex structure is permitted to be located on Lots 7-9, Block 32 within the Beach
Park Subdivision.
9. 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.
10. 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.
Validation Date: 14-9-11
Director of Planning and Development