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Home My WebLink AboutO-2019-3752 Amending Chapter 106 "Zoning" by granting SCUP No. 19-91000003 ORDINANCE NO. 2019-3752 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. 19-91000003, TO ALLOW FOR AN INDUSTRIAL OFFICE/WAREHOUSE USE IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON A 5.051 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, LA PORTE 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 EJiF'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#19-91000003 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for an Industrial Office/Warehouse use on a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M Street R.O.W. and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision,LaPorte,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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 26th day of AUGUST, 2019. CIT ' •F PORTE, TEXAS au , , By: Lo is R. Rigs ayor A I ST: /40_1 0 eD,,, .odward, City Secretarril' APPROVED: T- Clark Askins,Assistant City Attorney EXHIBIT A City of La Porte Special Conditional Use Permit#19-91000003 This permit is issued to: Justin E. Bennet of Phelan-Bennet Development Owner or Agent 5301 Polk St., Bldg. 25, Houston,TX 77023 Address For Development of: Spec Office/Warehouse Development Name 0 S. 16th Street, La Porte.TX (HCAD 0242030430001) Address Legal Description: Lots 1-32 of Block 1144 (including the 15' alley), Lots 1-32 of Block 1143 (including the 15' alley) and the 15th Street ROW from West L Street to West M Street Zoning: PUD, Planned Unit Development Use: Industrial Office/Warehouse 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. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI(Sec. 106-310,Table A"Commercial and Industrial Uses"of the City of La Porte Code of Ordinances)as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. Number of"dock high doors"shall be limited to no more than 7 for a total number of large garage type doors not to exceed 9. 3. Total square footage of the building footprint shall not exceed 109,000 square feet. 4. All surfaces on site intended for parking, drive aisles,or outside storage must be paved with either asphalt or concrete. 5. The following uses/activities shall NOT be permitted on the property: a. Shipping/tank containers, equipment or raw materials stored "off chassis" overnight anywhere on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A "Industrial Area Requirements",of the City of La Porte Code of Ordinances,as may be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. 8. The front of the building will face 16th Street. 9. The truck docks will be designed such that they are screened from view from 16th Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided. 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: — Z(i - I q 0 O i. I ill lIAA.ntl... CU—teYY-1) _ A\ � Director of Planning and Development y Secretary