HomeMy WebLinkAboutO-2021-3822 Grantng SCUP No. 20-91000003, for residential and commercial development located at the NE corner of Wharton Weems ORDINANCE NO. 2021-3822
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. 20-91000003, TO ALLOW FOR A
RESIDENTIAL AND COMMECIAL DEVELOPMENT TO LOCATE IN THE
PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON 56.7 ACRES OF
LAND LOCATED AT THE NORTHEAST CORNER OF WHARTON WEEMS
BOULEVARD AND STATE HIGHWAY 146 AND LEGALLY DESCRIBED AS LOTS
1-33, BLOCK 1267, LA PORTE SUBDIVISION, TRACT 1M, ABSTRACT 35, J
HUNTER SURVEY, AND TRACTS 5 & 5L, ABSTRACT 30, W.P. HARRIS SURVEY;
CITY OF LA PORTE; 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#20-91000003 attached hereto as Exhibit A and incorporated
by reference for all purposes,to allow for a residential and commercial development
to locate on a 56.7 acre tract of land located at the northeast corner of Wharton
Weems Blvd. and SH 146, and legally described Lots 1-33, Block 1267, La Porte
Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L, Abstract
30, W.P. Harris Survey; 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are hereby repealed; provided, however,that such repeal shall be only to the extent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 uncon$itutional,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 12th day of April,2021.
CITY OF L1 PORT ,TEXAS
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Applicant: Allan Mueller, Gromax Development
Owner or Agent
4201 Broadway St. Pearland, TX 77581
Address
Development Name/Type: La Porte Mixed Residential
Location: Northeast corner of SH 146 and Wharton Weems Blvd.
Legal Description: Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J
Hunter Survey, and Tracts 5 & 5L, Abstract 30, W.P. Harris Survey.
Zoning: PUD, Planned Unit Development
Use: Mixed Residential
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 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. Land uses permitted within the development are restricted to "Single Family" residential and
"Townhouse" residential.
3. The residential land uses identified in the General Plan as "Townhouse" shall be
constructed in accordance with the requirements outlined in Section 106-333 of the Code of
Ordinances and applicable building code requirements and shall be limited to townhouse
development only— not multifamily apartments or condominiums. Setbacks shall be 10 feet
in front, 20 feet in rear and 0/5 feet for side (internal/external)
4. Each townhouse shall have a minimum lot area of 1,870 square feet.
5. The residential land uses identified in the General Plan as "Single Family" shall be
constructed in accordance with the requirements outlined in Section 106-333 of the Code of
Ordinances and applicable building code requirements with the exception of the side
setback which is permitted to be five (50 feet on both sides, and the front setbacks on cul-
de-sac lots which is permitted to be twenty (20) feet. Uses shall be limited to single family
special lot line only.
6. Each single family residential lot shall have a minimum width of 40 feet and a minimum lot
area of 5,000 square feet.
7. Maximum density for the single family residential shall not exceed 5.5 units per acre.
8. In lieu of a fence along the eastern boundary of the project, the developer shall be required to
plant shade trees, at a minimum 4" caliper and 25' on center. In addition to the shade trees,
shrubs shall be planted at no less than 5 gallon in size with a minimum spacing of 3' on center.
These plantings are required along the entire length of the eastern and northern boundaries.
9. The developer shall work with staff at the time of site plan review to minimize the amount of
parking stalls along the Highway 146 frontage. This should be accommodated by relocating
buildings in a manner that places parking on the side of the building or internal to the
development. If this is not possible, the developer may install planter islands at 1 per 10
spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally,
hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be
installed with a variety of plant material to provide visual diversity of plant materials.
10. For the commercial portion of the development, parking shall be calculated based on the
aggregate amount of parking required and proposed;joint parking is allowed.
11. All public streets internal to the development site shall be constructed in accordance with the
city's Public Improvement Criteria Manual and shall be dedicated to the city.
12. Any proposed variances to public right-of-way improvements must be reviewed and approved
by the Public Works Department prior to plat submittal.
13. Access to any public right-of-way is subject to the requirements of Section 106-835, Figure 10-3
and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access permits
shall be presented prior to permit issuance for all driveways requested on Highway 146. Maximum
driveway widths shall be provided in compliance with city code requirements.
14. The developer will be required to submit for approval by the City Engineer, a drainage report
indicating how the proposed development will accommodate the requirements for storm water
detention in accordance with the city's Public Improvement Criteria Manual, or if discharging in a
TXDOT or Harris County system, approval by such authority.
15. All necessary documentation for building permit review must be submitted in conjunction with the
city's building permit application process.
16. A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the
applicant, shall be required. If any mitigation is required by the study, the applicant will be
responsible for their proportion of the impact. All contributions would be subject to reimbursement
through the TIRZ, pursuant to approval by the TIRZ Board.
17. If extension of any public water or sanitary sewer line is required as part of this development, the
applicant will be required to execute a utility extension agreement with the city and install such
improvements at the cost of the developer.
18. A photometric plan will be required at the time of commercial site plan submittal that will identify site
lighting and the lumens proposed across the site. Lighting will need to be in compliance with the
requirements of Section 106-310, A, of the city's Code of Ordinances.
19. 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: - to - 2
Director of Planning and Development City Secretary
AREA MAP
SCUP
#-9100000
Wharton Weems
@ SH 146.
Legend
Subject Site
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This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
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represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 357 feet
PLANNING DEPARTMENT
ZONING MAP
SCUP
#9100000
Wharton Weems
@ SH 146.
Legend
Subject Site
PUD
S
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WE
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TO
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HA
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This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
AY
W
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represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 357 feet
PLANNING DEPARTMENT
FLUP MAP
MHDR
SCUP
#-9100000
Wharton Weems
@ SH 146.
BI
Legend
Subject Site
LDR
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This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
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W
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FA
represent an on-the-ground
survey and represents only the
COM
approximate relative location of
property boundaries
1 inch = 357 feet
PO
PLANNING DEPARTMENT