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Home My WebLink AboutO-2011-3390 SCUP#11-91000005/off-site parking facility,located at 111 South 5th Street for King’s BBQ-11--% 11 NO. 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. 11-91000005 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFF-SITE PARKING LOT AT 111 SOUTH 5TH STREET, IN A MAIN STREET DISTRICT (MS) 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 #11-91000005, 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: 0.15 acre tract of land, being lots 7&8, block 41, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, also known as 111 South 50' Street, within a Main Street (MS) 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 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 44'day of� 06A�A-b� , 2011. APPROVED: Clark Askins, Assistant City Attorney 2 City of La Porte Special Conditional Use Permit # 11-91000005 This permit is issued to: Marcus Luna c/o King's BBQ Owner or Agent 521 West Main Street, La Porte TX 77571 _ Address For Development of: King's BBQ (Additional Parking Lot) Development Name 111 South 5th Street, La Porte TX 77571 Address Legal Description: Lots 7&8 Block 41, Town of La Porte La Porte, Harris County, Texas. Zoning: Main Street District (MSD) Use: Off-site Parking Lot Permit Conditions: 1. This Special Conditional Use Permit is specifically limited to off-site parking for King's BBQ. 2. Off-site parking shall comply with all parking standards per Section 106-835 of the Code of Ordinances. 3. Screening and/or landscaping of parking lot with an approved material shall be required in accordance with Section 106-444(a) of the Code of Ordinances. 4. Maintain a 5 -foot buffer with the southern property line and the parking stalls. Plant material to be installed in a double row (two-tier) configuration. Plant material installed with lower height vegetation on the most southern edge of the buffer and four foot high material on the northern most edge of the buffer. Plant material shall create a light barrier within four months (120 days) from the time of planting. 5. All lighting in the parking lot shall be hooded and arranged in a manner to deflect light away from the adjoining residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 6. A sign shall be installed at the property to prohibit unauthorized parking during non -business hours. 7. 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. 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