HomeMy WebLinkAbout190115 SCUP Application Beach ParkSpecial Conditional Use Permit Application
Planning and Development Department
604 West Fairmont Parkway
La Porte, Texas 77571
281-470-5057
OVERVIEW
Approval of a Special Conditional Use Permit (SCUP) is required under the following circumstances:
1. To consider approval of certain uses identified as "Conditional Uses" in the city's Commercial and Industrial
Use table (Section 106-310 of City of La Porte Code of Ordinances) and Residential Use table (Section 106-
331).
2. When developing property in a Planned Unit Development (PUD) zone district, consideration of a SCUP is
required in accordance with Section 106-659 of the Code of Ordinances.
SCUP requests are reviewed by the Planning and Zoning Commission as a public hearing. The Commission consists
of residents of the community appointed by City Council. The Commission meets on the third Thursday of every
month, as necessary. The Commission will forward a recommendation to the City Council for final consideration.
SUBMITTAL REQUIREMENTS
The following application package must be submitted to the Planning and Development Department at least three (3)
weeks prior to the desired hearing date.
R] Completed application form.
Application fee of $400; nonrefundable.
✓� Site plan, conceptual site plan or general plan, drawn to scale and dimensioned to show the location of
proposed improvements for the development.
Project description/justification letter that thoroughly explains what is being requested and why such SCUP
should be approved by the Planning and Zoning Commission and City Council.
Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the
property for at least 10 days prior to the Planning and Zoning Commission meeting date. Such sign will be
provided by the Planning and Development Department.
PROCESS
Upon receipt of a complete application package by the Planning and Development Department, the SCUP request
will be scheduled for the next available Planning and Zoning Commission meeting date as a public hearing.
The Planning and Development Department will provide the applicant with a Notice of Public Hearing sign that must
be posted on the property where the SCUP is being requested. The sign must be posted on the property visible and
within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing.
The Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and at
City Hall in conformance with legal requirements. Additionally, the city will send notice of the public hearing to all
property owners within 200 feet of the subject property where the SCUP is being requested.
r Special Conditional Use Permit Application
-- Planning and Development Department
The Planning and Zoning Commission public hearing will be held in the City Council Chamber at City Hall (604 W.
Fairmont Parkway). At the meeting, the Planning and Zoning Commission will conduct a public hearing and provide a
recommendation to the City Council on the proposed SCUP. If additional information is requested by the
Commission, the public hearing may be continued to a future meeting date.
➢ The Commission and City Council may impose special conditions on an SCUP in an attempt to ensure compatibility of
the proposed development with surrounding properties and the community as a whole.
➢ The Commission is tasked to review the proposed SCUP and offer a recommendation to the City Council for
approval, denial, or approval with conditions.
> Following the Commission's public hearing, their recommendation on the proposed SCUP is then forwarded to City
Council for consideration.
➢ For the City Council public hearing, the Planning and Development Department will publish notice of the public
hearing in the Bay Area Observer and post notice at City Hall in conformance with legal requirements.
> The City Council public hearing will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway). At
the meeting, the City Council will conduct a public hearing and render a decision on the proposed SCUP. However, if
additional information is requested by the City Council, the public hearing may be continued to a future meeting
date.
> The following is an excerpt from the City of La Porte's Code of Ordinances pertaining to SCUP requests.
CODE REQUIREMENTS
Conditional Use Permits
Sec. 106-216. - General conditions for all conditional uses in all zoning districts.
(a) A special conditional use permit may be granted by the city council for the construction of a building and/or the
establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified
control.
(b) Upon application for a special conditional use permit and submission of a general plan, major development site plan,
minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a
public hearing, duly advertised and with proper notice being given to all parties affected, as provided in section 106-171.
(Amendment procedures). The general site plan, major development site plan, minor development site plan, or preliminary
plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities, location of
buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the
information required by the development ordinance of the city.
(c) After public hearing and upon recommendation of the city planning and zoning commission, the city council may
modify the final planned unit development plan and issue a special conditional use permit containing such requirements and
safeguards as are necessary to protect adjoining property.
(d) Failure to begin construction within one year 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.
T �= Special Conditional Use Permit Application
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Planning and Development Department
(e) If construction is terminated after the completion of any stage and there is ample evidence that further development
is not contemplated, the division 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, and the previous zoning of
the entire tract shall be in full effect on the portion which is undeveloped.
(f) Every special conditional use permit granted as provided herein shall be considered as an amendment to the zoning
ordinance as applicable to such property.
Sec. 106-217. - Conditions for approval.
A special conditionai use permit shall be issued only if all of the following conditions have been found;
(1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property,
nor significantly diminish or impair property values within the immediate vicinity.
(2) That the conditions placed on such use as specified in each district have been met by the applicant.
(3) That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints,
and necessary to protect the public interest and welfare of the community.
Sec. 106-218. - Amendments.
The procedure for amendments for a special conditional use permit shall be the same as for a new application.
Please note that requirements far notification of the public hearing
are subject to the provisions of Section 106-171 of the Code of Ordinances.
°f Special Conditional Use Permit Application
Planning and Development Department
PROJECT INFORMATION
Address where SCUP is being requested:705,707 Bayshore Dr 0 San Jacinto St.
Legal description where SCUP is being requested: Lots 18,19 Blk 32 Lots 20,21 Blk 31 BEACH PARK
HCAD Parcel Number where SCUP is being requested:0070040000018 0070030000026
Zoning District: MU Lot area:3068 Sq Ft.
A request for approval of a Special Conditional Use Permit is hereby made to the City of La Porte.
Description of Request:We request Lots 18,19 Blk 32 and Lots 20,21 Blk 31 Beach Park be added to the existing SCUP
Ordinance No. 2016-3637 Special Conditional Use Permit # 16-91000001
Also, to be allowed to build existing SCUP Lots 7,8, and 9 Blk 32 into a Triplex(3 Units)
Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved.
Name:Bayway Homes Inc.
Company (if applicable):_
Address:PO Box 1244
City: Friendswood
Phone:8322769609
Name: Charles Anders
Company (if applicable):
Address;
City:
Phone:8322769609
PROPERTY OWNER(S) INFORMATION
state:Texas Zip:77549
Email: Ganders@baywayhomes.com
AUTHORIZED AGENT (If other than owner)
State:
Email: Ganders@baywayhomes.com
OWNER(S) & AGENT CERTIFICATION
Zip:
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 application is complete to the best of my knowledge and belief.
Agent's Signature: Date:
Owner(s)' Signature(s); Date: /117-
STAFF USE ONLY.
Date Application Received:
Case Number:
Special Conditional Use Permit Application
Planning and Development Department
AFFIDAVIT OF POSTING
PLANNING AND ZONING COMMISSION PUBLIC HEARING
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF 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. l
hereby attest that said sign will be posted on the following described property, which is subject to the
application:
ADDRESS:
LEGAL DESCRIPTION:
2. In accordance with the provisions of Section 105-194 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 shall remain legible and visible forthe entire fifteen (15) day posting period. If sign is damaged or
missing, I hereby attest that I will contact the City of La Porte for a replacement sign.
Applicant's Signature
Applicant's Printed Name
Subscribed and sworn before me this day of by
(Print Applicant's Name).
(Seal)
Notary Public
My commission expires:
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ORDINANCE NO. 2016-3637
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. 16-91000001 FOR THOSE CERTAIN TRACTS OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF ALLOWING DEVELOPMENT
OF NINE (9) SINGLE FAMILY ATTACHED DUPLEX HOMES; 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 916-91000001, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of nine (9) single family attached duplex
homes on property generally located adjacent to Sylvan Beach Park and Bayshore Drive, said
property being legally described as Lots 7-17, 20-21, and 22-27, Block 32, Beach Park
Subdivision, City of La Porte, Harris County, Texas, within a Mixed Use (MU) 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 , y of JULY 2016.
CITY L PORTE, TEXAS
By:
LOLAs R, Rig1, yor
APPR VE
Clark Askins, Assistant City Attorney
EXHIBIT A
City of La Porte
Special Conditional Use Permit #16-91000001
This permit is issued to: Bayway Homes _
Owner or Agent
P.O. Box 1244, Friendswood, "Texas, 77549
Address
For Development of: Bayway Homes Circles Single Family Attached Development
Development Name
9 single family attached du lex homes on Lots 7-17 20-21.22-27 Block
32, Beach Park Subdivision; generally located on the northern -most of
the "Circles" across from Sylvan Beach Park.
Address
Legal Description: Lots 7-17, 20-2L 22-27, of Block 32, Beach Park Subdivision
Zoning: MU Mixed Use
Use: Sing
,le family attached duplex homes
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:
I. 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. One single family attached duplex unit is permitted on two platted lots within the development
area.
3. A fire wall is required along the shared property line separating each unit in accordance with
applicable residential building and fire codes.
4. A 0' setback is permitted on the shared property line separating the two units of each duplex.
Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum
of 5' from the side property lines and a minimum of 10' from the rear property line. Special
allowance should be given to the setback for Lot 22 due to the irregular shape of the lot. The
side/rear setback adjacent to the alley should be permitted at 0'.
5. A minimum of two off-street parking spaces shall be included for each individual unit.
6. All necessary documentation for building permit review must be submitted in conjunction with
the city's building permit application process.
7. 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.
EXHIBIT A
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 pen -nit 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:
Director o Planni g and Development
a� t - � , --1 , �
City Secretary