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Home My WebLink AboutO-2019-3748 Amending Chapter 106 'Zoning' by granting SCUP No. 19-91000004 ORDINANCE NO. 2019-3748 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. 19-91000004, AN AMENDMENT TO SPECIAL CONDITIONAL USE PERMIT NO. 17-91000002, FOR THAT CERTAIN PARCEL OF LAND LEGALLY DESCRIBED AS 20.769 ACRES ALONG EAST BARBOURS CUT BOULEVARD,BEING RESERVE A,BLOCK 1,PORT OF HOUSTON AUTHORITY, LA PORTE, HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF THE REDEVELOPMENT OF THE EXISTING PRE-CHECK TRUCK FACILITY AT 900 EAST BARBOURS CUT BLVD., AND LOCATED IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE ECTIVE 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#19-91000004, an amendment to Special Conditional Use Permit No. 17- 91000002,attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the redevelopment of the existing pre-check truck facility on property generally located at 900 East Barbours Cut Blvd, said property being a 20.769 acre tract being legally described as Reserve A, Block 1,Port of Houston Authority,La Porte,Harris County, Texas. 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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 22nd day of JULY,2019. CITY OF LA PORTE, TEXAS By: Louis ' . Rigby, . r (9;7 Todward, City Secretary APPROVED AS TO FORM: / 4/44(...wt,1- Clar Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit#19-91000004 This permit is issued to: Port of Houston Authority Owner or Agent P.O. Box 2562 Houston, TX 77252 Address For Development of: Port of Houston Authority Pre-check truck facility Development Name 900 East Barbour's Cut Blvd, La Porte, TX Address Legal Description: 20.769 acre tract being legally described as Reserve A, Block 1, Port of Houston Authority, La Porte, Harris County, Texas. of the Johnson Hunter League, A-35 City of La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Pre-check truck facility Permit Conditions: 1. Adhere to the terms of the Property Owners Value Assurance Program (as described in Exhibit F-1). 2. Sign an interlocal agreement with the City of La Porte regarding the Property Owners Value Assurance Program. 3. Comply with the amended General Plan as approved by the Planning and Zoning Commission. 4. Ensure that at least 30 percent of the property consists of landscaping and/or screening which shall include landscaped ponds (either dry or wet)with native grasses at completion of the project. 5. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and shrubs exterior to the sound wall to remain as a natural buffer. Provide"in fill" ponds with native grasses and planting of drought-tolerant trees along the boulevard R.O.W., which provides for one year of established watering. 6. Erect a sound wall constructed with a"rough"texture to decrease the likelihood of graffiti and to increase the likelihood that vines/greenery will attach to the wall. 7. The revised lighting plan shall adhere to the requirements of applicable City Ordinances. 8. The Planning and Zoning Commission must approve the design of the new building and canopies. 9. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am. 10. Hours of operation shall be no earlier than 7 am and no later than 11 pm. 11. Comply with all other applicable laws and ordinances of the City of La Porte 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. Validation Date: 07. 2..3 . let / �l9 /1Q, U-O',rYyr / v Director of Planning I City Secre f< e Ili : . / ' ; 1, li _ j 1, '. �, } , w f ,� .' _ ��- Y" y" AERIAL MAP E4. , ' F r1 nit ^ :v J'j r t - : . ' ,'. in • 'ff �`" SCUP AMENDMENT �g v _. a Kms. 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