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Home My WebLink AboutO-2020-3790 to allow for Garden of Eden floral shop and tea room at airport hangar (SCUP#20-91000002) ORDINANCE NO. 2020-3790 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. 20-91000002, TO ALLOW FOR A FLORAL SHOP AND TEA ROOM USE TO LOCATE IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON 0.75 ACRES OF LAND LOCATED AT 10515 SPENCER HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOTS 3 & 4 AND A PORTION OF TRACT 5, BLOCK 2, PAYNE W J SURVEY, 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 #20-91000002 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a floral shop and tea room to locate on a 0.75 acre tract of land located at 10515 Spencer Hwy. and legally described as a portion of Lots 3 &4, and a portion of Tract 5, Block 2, Payne W J Survey, Harris County, Texas, and situated within the 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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 June, 2020. l CITY OF • P• ' , ' EXAS hA Louis '. Rigby, May. AIil ST: II APPROVED: is— J , 77 , -- oodw- •, ity - - 71.1. Clark Askins, Assistant City Attorney I EXHIBITA City of La Porte Special Conditional Use Permit #20-91000002 This permit is issued to: Brandon Lunsford, Garden Of Eden Floral. Owner or Agent 10404 Spencer Hwy. Address For Development of: Floral Shop/Tea Room Development Name 10515 Spencer Hwy. Address Legal Description: A 0.75 acre portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J Survey, Harris County, TX Zoning: PUD, Planned Unit Development Use: Floral Shop/Tea Room 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. A site development plan shall be submitted, if necessary, in accordance with applicable requirements of the City of La Porte's Development Ordinance and shall comply with all provisions of Chapter 106, "Zoning" of the City's Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. The underlying zoning shall be General Commercial. All GC zoning and development requirements will need to be met, outside of any conditions listed below. 3. Permitted use is limited to floral shop (NAICS #453110) and tea room (NAICS #722515) uses only. No other uses shall be permitted on site without the approval of a new SCUP. 4. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process for any proposed building improvements. 5. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. 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 D mi s`"- 6s , City Secretary AREA MAP SCUP #20-91000002 10515 Spencer Hwy. MEADOW CREST Legend Subject Parcel CREEKVIEW SPENCER This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries OLD ORCHARD 1 inch = 160 feet MAY 2020 PLANNING DEPARTMENT GLENVALLEY FLUP MAP SCUP #20-91000002 PI MEADOW 10515 Spencer Hwy. CREST Legend Subject Parcel CREEKVIEW SPENCER This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the OLD ORCHARD approximate relative location of LDR property boundaries COM 1 inch = 167 feet MAY 2020 PLANNING DEPARTMENT ZONING MAP SCUP #20-91000002 10515 Spencer Hwy. MEADOW CREST PUD PUD Legend Subject Parcel CREEKVIEW SPENCER This product is for informational purposes and may not have been prepared for or be suitable GC for legal purposes. It does not GC represent an on-the-ground survey and represents only the approximate relative location of property boundaries OLD ORCHARD R-1 R-1 1 inch = 160 feet MAY 2020 PLANNING DEPARTMENT