HomeMy WebLinkAboutO-2011-3326 scup#SCU11-91000001/off-site parking lot, De Walt Alternative School at 416 North 2nd9/10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 14, 2011
Requested By: Tim Tietiens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Aerial Map
Site Plan
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item:
Yes No
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its February 17, 2011, meeting, held a public hearing to receive
citizen comments regarding Special Conditional Use Permit Request #1 1-9 100000 1. The request, submitted by
Tim Kunz (VLK Architects) on behalf of La Porte Independent School District, seeks approval of a Special
Conditional Use Permit (SCUP) for an off-site parking facility to be located at 416 North 2°a Street. Off-site
parking is classified as a conditional use per Section 106-441; Table A, Commercial Uses of the Code of Ordinances.
Over the past years, a number of employees and students increased with continued growth of La Porte and LPISD
campuses. Parking has been an issue at DeWalt Alternative School. LPISD owns an additional property across the
street from the school and wishes to develop a parking lot for its employees and visitors at this facility.
There are numerous times when private vehicles are parked in front of the existing facility and along the shoulders
of N. 2°d Street and West Madison Street within the public rights-of-way. It is staff's opinion that appropriate
auxiliary parking would be provided by this proposal to keep these vehicles from parking on the side of the roads.
The proposed location for off-site parking is directly across 2°a Street from the principal building. The parking lot will
be constructed in accordance with City's standard specifications. If the special conditional use permit is approved by
the City, the applicant must submit a certified site plan for development of the parking lot showing access, parking
spaces, maneuvering aisles, pedestrian access/crosswalk and landscaping/screening etc.
Eleven (11) notices of public hearing were mailed to neighboring property owners. No response was received in
this regard. The Planning and Zoning Commission, by unanimous vote, recommends City Council approval of
Special Conditional Use Permit #11-91000001 with the conditions listed in the SCUP.
Action Required by Council:
1. Conduct public hearing.
2. Consider Planning and Zoning Commission's recommendation to approve Special Conditional Use Permit
#11-91000001 for an off-site parking for the DeWalt Alternative School.
Ron
l!
s, City Manager Date
(#ORDINANCE NO. A
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. 11-91000001 FOR THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFF-SITE
PARKING LOT AT 416 NORTH 2ND STREET, IN A LOW-DENSITY RESIDENTIAL
(R-1) ZONE; 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 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 #11-91000001, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of an off-site parking lot at the following
described property, to wit: 0.05 acre tract of land, being lots 1-7, block 86, Town of La Porte,
Johnson Hunter Survey, Abstract 35, LaPorte, Harris County, also known as 416 North 2nd Street,
within a Low -Density Residential (R-1) 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 " day of , 2011.
LA PORTE
Louis R. 144by, Mayor
AST:
CL
atrice Fogarty, Ci ecreta
APPROVED:
Clark Askins, Assistant City Attorney
This permit is issued to
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
City of La Porte
Special Conditional Use Permit # 11-91000001
La Porte Independent School District
Owner or Agent
1002 San Jacinto Street, La Porte TX 77571
Address
DeWalt Alternative School Parking Lot
Development Name
416 North 2nd Street, La Porte, TX 77571
Address
Lots 1-7, Block 86, Town of La Porte
La Porte, Harris County, Texas.
Low -Density Residential (R-1)
Off-site Parking Lot
1. SCUP is specifically limited to the off-site parking for the DeWalt Alternative School.
2. Off-site parking shall comply with all parking standards.
3. Screening and/or landscaping of parking lot shall be required in accordance with Section
106-444(a) of the Code of Ordinances.
4. All lighting in the parking lot shall be hooded and arranged to deflect light away from the
adjoining residential properties in compliance with Section 106-521(a).
5. LPISD shall install sign at the property to prohibit unauthorized parking during non -school
hours.
6. The Developer shall comply with all applicable laws and ordinances of the City 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:
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Direc or of Olanning
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City Sec et ry
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CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
d
, -D1,119 Zt'v�� as a member of the City of LaPorte
c��j G , make this affidavit and hereby on oath state the following: i have a
substantial interest in a business entity or real property as defined in Chapter 171, Texas Local
Government Code, and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business entity or real property.
The agenda item on , 20 // , affecting this business entity or real
property is: /A; ?ZD t? 1 ,j()
COMPLETE (A) OR (B): (A) The business entity is
(B) The real property is located at:
(name); or
I have a substantial interest for the following reasons: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
_ Ownership of 10% or more or $15,000 or more of the fair market value of the
/ business entity.
✓ Funds received from the business entity exceed 10% of gross income for the
previous year.
Real property is involved and I have an equitable or legal ownership of the
property with a fair market value of at least $2,500.
_ A relative of mine has a substantial interest in the business entity or real
property that would be affected by a decision of the public body of which I
am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
Sued this !`� day o Ck 20�.
Si a of fficial
THE STATE OF TEXAS §
COUNTY OF S §
r
Before me on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing ent and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed. /
Given under my hand and seat of office this./ 7 day o LG'A-20_Lj
ajzlt-"4'�z�
Notary Public in and f6l the Sta f Texas