HomeMy WebLinkAboutO-2020-3806 SCUP 20-91000001, Sylvan Beach Enclave - Residential Duplex DevelopmentORDINANCE NO. 2020-3806
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. 20-91000001, TO ALLOW FOR A MIXED
RESIDENTIAL DEVELOPMENT TO LOCATE IN THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING DISTRCT, ON 5.798 ACRES OF LAND LOCATED
AT THE 1300 BLOCKS OF SOUTH BROADWAY AND OREGON STREETS AND
LEGALLY DESCRIBED AS THE EAST 115' OF LOTS 1-16, LOTS 17-32, &
ABANDONED ALLEY, BLOCK 1159, LOTS 4-29 & TRACTS 3A & 30A, BLOCK
1160, LA PORTE SUBDIVISION, LOT 5, BLOCK 19, SYLVAN BEACH
SUBDIVISIONS AND A PORTION OF THE EAST L ST. AND TEXAS AVE. RIGHTS -
OF -WAY; CITY OF 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 #20-91000001 attached hereto as
Exhibit and incorporated by reference for all purposes, to allow for a mixed
residential development to locate on a 5.798 acre tract of land located at the 1300
Blocks of South Broadway and Oregon, and legally described as the East 115' of
Lots 1-16, Lots 1 -3 , & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A &
30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions
and a portion of the East L St. and Texas Ave. rights -of -way; City of La Porte, 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ordinance are hereby repealed; provided, however, that such repeal shall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 L. 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 9th day of November, 2020.
CITY OF l(R TEXAS
lr "d r
Louis,, R. Rigby, M ,,Y
APPROVED:
EXHIBIT A
City of La Porte
Special Conditional Use Permit
#20-91000001
This permit is issued to: Charles Anders, Bayway Homes Inc.
Owner or Agent
PO Box 1244, Friendswood, TX 77549
Address
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
Sylvan Beach Enclave - Residential Duplex Development
Development Name
1300 Blocks of S. Broadway Oregon Streets
Address
5.798 acre tract of land leaallv described as East 115' of Lots 1-16
Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A
& 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan
Beach Subdivision and a portion of the East L St. and Texas Ave.
rights -of -way, Harris County, TX
PUD, Planned Unit Development
Residential Duplex Development
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 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 is Mid Density Residential. All R-2 zoning and development
requirements will need to be met, outside of any conditions listed below.
3. Permitted use is limited to residential zero lot line, duplex or standalone single family.
No other uses are permitted.
4. For lots facing Oregon St., the minimum lot area shall be 6,000 square feet with, with a
minimum lot width of 50'.
5. Lots located along Oregon St. and N. Forest are restricted to single family standalone
residential units.
6. Development along Oregon St. must follow the R-1 zoning regulations.
7. For all lots not fronting Oregon St., the minimum lot area shall be 3,000 square feet,
with a minimum lot width of 30 feet.
8. Minimum setbacks for all lots not fronting Oregon St. shall be as follows:
a. Front — 20'
b. Rear-10'
c. Side — 075' (5' for sides abutting public right of way)
d. Minimum distance between primary structures— 10'
9. Maximum height of any structure shall be 35 feet.
10. Maximum dwelling units per acre shall be 8 with a maximum lot coverage of 60%.
11. Each residential unit shall include a minimum two (2) car garage.
12. Minimum distance between driveways shall be 2 feet with a minimum of 1 foot
distance between side property lines and each driveway.
13. 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.
14. 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 Date: H . 9 ` 2r O
Teresa Evans
Director of Planning and Development
I
City Secretary
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Specia�l Conditional Use Permit Application
Planning and Development Department
,Address where SCUP is being requested: 1303 S Broadway / 1320 Oregon / 0 N Forrest Ave,
Legal descriptionI;ee, HCAD and Attached Surveys
where CUP S�s beire requesed., t_
HCAD Parcel Number where SCUP is being requested: 242110590001 / 0242110600002 / 0352150190001
zoning Distract: High Density Residential Lot area: 5.798
A re quest ci;vrovol of a Special Conditional Use Permit is hereby nmde to the City of CoPorte,
Description of Request: For the City of LaPorte to allow a subdivision of single-family residential attached
dwelling units. The project is a mixture Single- Family Special Lot Line, OLot Line, and Townhomes.
Attached hereto is a Project Description Letter describing the project and OLAHningl the reasons why such SCUP should be approved,
ig-.Isuaij WK01TITIL111 age,
Company (if: applicable),-----
Address-.0 BroaPorte 77:571 / 1320 Oregon LaPorte 77571 / PO Box 1244 Friends:wood 77549
City:_
Phone:
MM
State:
AUTHORIZED AGENT (If other than owner)
Nara..., 'hones Anders
Company (if applicable): Bayway Hornes Inc.
Address,P0 Box 1244
City: Friendswood State:Texas
Phonie:8322769609 ETtiiil:canders@baywayhomescoryi
zi
Zip:77549 -
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted wkh/or conta4ied in
this appfication are true and correct and the appligfign is complete to the best of nay knowledge and belief.
Agent's Signature';
Date:
2
Owner(s)'Signature(s): Date:
5 L4FF USE QNL Y:
Date Application Received:
Case Number:
Special Conditional Use Permit Application
Planning and Development Department
PROJECT INFORMATION
Address where SCUP is being requested: 1 3,0'3, S Broadway / 1320 Oregon / 0 N Forrest Ave.
Legal description where SCUP is being requested: See HCAD and Attached Surveys
HCAD Parcel Number where SCUP is being requested; 242110590001 /0242110600002/0352150190001
Zoning District: High Density Residential Lot area: 5.798
A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte,
Description of Request: For the City of LaPorte to allow a subdivision of single-family residential attached
dwelling units. The project is a mixture Single- Family Special Lot Line, 01-ot Line, and Townhomes.
Attached hereto is a Project Description Letter describing the project and outfining the reasons why such SCUP should be approved,
PROPERTY OWNER(S) INFORMATION
Name:Jack McCoy / Noah M Jones / Bayway Homes Inc.
Company (if applicable):
Address:O Broadway LaPorte 77571 / 1320 Oregon LaPorte 77571 / PO Box 1244 Friendswood 77549
city:_
Phone
Name: Charles Anders
State:
Emai
AUTHORIZED AGENT (if other than owner)
Company (if applicable): Bayway Homes Inc,
Address: PO Box 1244
City: Friendswood
P,hone, 8322769609
State:Texas
Email: canders@baywayhomes.COM
OWNER(S) & AGENT CERTIFICATION
23
Zip: 77549
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in
this application are true and correct and the applicopn is complete to the best of my knowledge and belief.
Agent's Signature: Date:
Owner(s)' Signature(s): Date:
STAEFUSEONLY:
Date Application Received:
Case Number:
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Sylvan Beach Enclave PI nned Unit Development and Special Conditional Use Permit
Sylvan Beach Enclave, the project is located near Sylvan Beach Park and is bounded by South Broadway,
South Oregon Street, Churchill Place Senior Living Community and City of La Porte's Hike and Bike Trail.
Sylvan Beach Enclave is also located across the street from the City of La Porte's Recreation and Fitness
Center. The site is currently zoned for High Density Residential District (R-3). We are applying for both a
Planned Unit Develop (PUD) and Special Conditional Use Permit (SCUP). Sylvan Beach Enclave's use is
single-family residential attached dwelling units. The Residential Area Requirements are a mixture of
the Single -Family Special Lot Line, 0 Lot Line and Townhomes.
The City of La Porte's Comprehensive Plan encourages small infill development and the supply of diverse
housing. Sylvan Beach Enclave is designed as an age in place development. This project is designed to
appeal to single parents with one or two children, couples just starting home ownership and empty
nester who are looking for reduced maintenance living and compact building design. The community
promotes walkability as Jt is on the City's Hike and Bike Trail, across the street from the City's Recreation
and Fitness and Senior Center and a short walk to Sylvan Beach Park.
All 38 proposed home sites will be slab on grade homes of one story, one and half stories and two
stories. The exteriors of the homes will be a combination of brick, fibrous cement horizontal siding and
fibrous faux wood shake siding. First floors will have nine feet ceilings and second floors a combination
of eight- and nine -feet ceilings. All the homes will have a two -car garage. Back yards will vary in size
depending on the size of the first floor of the house. We will need to install water, sanity sewer,
drainage and a concrete street in the Broadway property. The first row of houses, lots 1 to 14, that back
up to South Broadway will have a fence on the property line between the property and Broadway. We
will work with Texas Department of Transportation to install trees in the right-of-way, to give the
neighborhood a visual barrier between Broadway and the neighborhood.
The development is in the flood plain and the homes need to be raised three to four feet above the
existing grade so that the finish floor height is not in the flood plain. in order to raise the homes, we will
remove soil between the row of houses on South Oregon Street and second row of homes on the South
Broadway and place the soil on the building sites. Where the soil has been removed, we will install tress
to create a park like environment. The area we are removing soil from will be deep in the flood plain,
we do not anticipate building any structures. Sylvan Beach Enclave will have a homeowner's association
who will maintain the flood mitigation area and enforce maintenance standards on the appearance of
the homes.
There are three landowners that we need to acquire property for this project. We currently have both
properties, the property; on Broadway and the property on Oregon under contact to be purchased. The
third property owner is he City of La Porte who owns the 100 feet street right-of-way between the
Broadway property and Churchill Senior Living Community and 60 feet street right-of-way between the
Broadway and Oregon p operties. The 60 feet right-of-way contains both a large sanity sewer main and
a drainage ditch/facility. When we purchase the property from the city, the property will have an
easement agreement all iowing both facilities to remain and not allowing us to build over the sanity
sewer main. The entrance to the subdivision is in the 100' right-of-way.
If we receive approval of';this PUD and SCUP application and after we develop the property, we will start
construction of homes after receiving building permits. We will continue building as the market will
allow for absorption of the homes. To be conservative, from the granting the application to completion
of the project could take four years.
We have been building in La Porte for many years in the North Side, at Sylvan Beach Park and on the
nearby streets of Forrest Avenue, South Oregon Street and Park Street. We believe this project will be a
significant addition to Sylvan Beach.
Attachments:
1) Sylvan Beach' Enclave Residential Area Requirements
2) Site Plan
3) Proposed Typical Home Plans
Sylvan Beach Enclave
Planned Unit Development and Special Conditional Use Residential Area Requirements
The Development is in the High Density Residential District -
g tY (R 3) which has several types of housing, two
of which are Single -Family Special Lot Line, Zero Lot Line and Townhouses. We are using some of the
restrictions from both districts to design Sylvan Beach Enclave. All the homes in the community will be
for sale single-family homes that are attached on one wall.
Sylvan Beach Enclave Single -Family Townhouses
Zero Lot Line
Minimum Lot Area 3,000 feet 4,500 feet 2,000 feet
Minimum Lot Width 30 feet 40 feet 20 feet
Front Yard Setback 20 feet 20 feet 25 feet
Rear Yard Setback 10 feet 10 feet 20 feet
Side Yard Setback 0 and 5 feet 0 and 10 feet 20 feet
Side Yard Setback
At end of blocks 5 feet
10 feet
20 feet
Distance between
Dwelling Units 10 feet
10 feet
20 feet
Maximum Height 35 feet
35 feet
45 feet
Dwelling Units
Per Acre 8
6
10
Maximum Lot Coverage 60%
60%
75%
Distance between
Side Property Line
And Driveway 1 feet
3 feet
3 feet
Spacing between
Driveways 2 feet
10 feet
10 feet
Planning and Development Department
AFFIDAVIT OF POSTING
4M1BMHr1W1! I I 99-if
STATE OF TEXAS
xffiW
CITY OlF LA PORTE
The undersigned hereby duly swears on oath and says:
1- A public hearing sign was provided to me by the City of La Porte's Planning and Development Department, I
hereby attest that said sign will be posted on the following described property, which is subject to the
application:
ADDRESS
-77 571
3V LEGAL DESCRIPTION, "5c,
k- A -��o a,
2. in accordance with the provisions of Section 106-194 of, the city's Code of Ordinances, I hereby attest that said
sign will be posted on the described property for no less than fifteen (15) days prior to the scheduled public
hearing; starting at least on the following date:
3. Said sign shall be placed on the property within 20 feet of the abutting street,
4. Said sign shaill remain legible and visible for the entire fifteen (15) day posting period. If sign is damaged or
missing, I hereby attest that I will contaict the City of La Porte for a replacement sign.
Applicant's Printed Name
Subscribed and sworn,q before me this day of
by
(Print. pplicant's Norne),
Notary Public
(Seal)
Mycornmission expires:
PSI AHEISH W FIATDr
Notal y PW)h(,, SHIte Oh T(M)S
Expaes 11 05-2020
PvaC )ry 1f) 125109069
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