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Home My WebLink AboutO-2019-3749 Amending Chapter 106 'Zoning' by granting SCUP No. 19-91000005 ORDINANCE NO. 2019-3749 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. 19-91000005, AN AMENDMENT TO SPECIAL CONDITIONAL USE PERMIT NO. 17-91000005, TO ALLOW FOR ADDITIONAL SENIOR LIVING UNITS IN THE MORGAN'S LANDING SUBDIVISION, ON A 9 ACRE TRACT OF LAND LEGALLY DESCRIBED AS RESERVE C,BLOCK 1,BAY AREA 28 SUBDIVISION, 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 #19-91000005, an amendment to Special Conditional Use Permit #17- 91000005,attached hereto as Exhibit A and incorporated by reference for all purposes,to allow for additional senior living units in the Morgan's Landing Subdivision on a 9 acre tract of land legally described as Reserve C, Block 1, Bay Area 28 Subdivision, La Porte,Harris County, Texas, and being part of a 235 acre tract of land legally described as a portion of a 485.14 acre tract in the Richard Pearsall Survey,A-265,Harris County,Texas,and situated 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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 22nd day of JULY,2019. CITY O' P:RTE,TEXAS By: ► A Lou' R. Rigby ii, or A ST: _ ._ 1 oodward, City -ecr APPROVED AS TO FORM: rClar Askins,Assistant City Attorney City of La Porte EXHIBIT A Special Conditional Use Permit#19-91000005 This permit is issued to: Paul Grohman,Gromax Dev. Owner or Agent Address For Development of: La Porte Tract—Master Planned Community Development Name West side of Bay Area Blvd. (3300 Bay Area Blvd) Address Legal Description: 235 acre tract of land legally described as a portion of a 485.14 Acre Tract in Richard Pearsall Survey,A-265, Harris County, La Porte,TX Zoning: PUD, Planned Unit Development Use: Single Family,Senior Living, Multi-family, Commercial 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. Project Description,as provided by the developer,shall be included as an exhibit to this SCUP document. 2. The community will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single-Family(R-2) 143.9 Multi-Family(R-3) 19.3 Senior(Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial(GC) 1.5 Recreation Center&Park 4.1 Amenitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary 3. the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary 4. The exact percentages in Table 2 and the acreages in Table 1 may vary by 5%,with an exception for the proposed multifamily use. 5. The placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed. 6. The placement and exact boundaries between the commercial,multi-family,and senior housing tracts may shift within their corner of the General Plan. 7. The multifamily land use would be to specify that it may not increase more than 5%of the specified acreage on the General Plan and listed within Table 1, but that its acreage could be reduced by greater than 5%. 8. The maximum number of single-family lots may not exceed 675,the number of multifamily units may not exceed 350,and the senior assisted living/skilled nursing units may not exceed 100 240 units 9. The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be 5'-wide(five-foot wide) concrete trails/sidewalks. 10. Trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and exceed the established landscaping minimums. 11. Recreation Center will include, but are not limited to: a swimming pool&splash pad area,changing rooms/cabana,fitness facility,tennis courts, a playground,trails/sidewalks,and other related activities/amenities. 12. Recreation areas in the development(lakeside trail, Recreation Center, and a small pocket park)shall total approximately±7.3 acres, not including the lake. 13. The lake is proposed to have a wet bottom and will contain no less than 6 fountains. 14. Single-Family Lot Size Minimums Category Proposed Minimum Proposed PUD Standard Minimum 45 feet for no more At build out of all lots,the Lot Width than 35%of the lots average lot width will meet or exceed 50 feet 5,400 sq.ft.for no At build-out of all lots,the Minimum more than 35% of average lot area will meet Lot Area the lots or exceed 6,000 sq.ft. 15. Minimum front building line will be 20' on cul-de-sac and "knuckle" lots. Front building line will be 25'for the rest of the single family lots. 16. Multi-family Density will not exceed 19.6 units per acre and total units will not exceed 350 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: 07. 2..3. 19 Director of Planning and Development C y Secretary . ,*- i> a' ivr I t _ f , + ill�Of " li ►�. 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