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Home My WebLink AboutO-2021-3848 granting special conditional use permit no. 21--91000004, to allow senior living muti-family developmentORDINANCE NO. 2021-3848 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. 21-91000004, TO ALLOW FOR A SENIOR LIVING MULTI -FAMILY DEVELOPMENT IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 6.4 ACRE TRACT OF LAND LOCATED AT THE 800 BLOCK OF McCABE ROAD AND BEING LEGALLY DESCRIBED AS PART OF TRACT 5E, ABSTRACT 30, WP HARRIS SURVEY, 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 #21-91000004, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a senior living multi -family development in the Planned Unit Development (PUD) zoning district, on a 5.4 acre tract of land located at the 800 Block of McCabe Road and legally described as Part of Tract 5E, Abstract 30, WP Harris Survey, Harris County, Texas, and situated within a 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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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. Clark Askins, Assistant City Attorney EXHIBrr A City of La Porte Special Conditional Use Per,m!it #21-910001004 Applicant: Dawna Boudreaux of PALT I:nc. Owner or Agent 1813 High Falls Ln. Pearland, TX 77581 Address Development Name/Type: Senior Living Multi -Family Complex Location: 800 Block of McCabe Rd. Legal Description: Part of Tract 5E, Abstract 30, WP Harris Survey, Harris County Zoning: PUD, Planned Unit Development Use: Senior living multi-faMLfly comiplex 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. Permitted use on site will be described as Senior Living Multi -family and shall be restricted to residents that are 55 years of age and older. 3. Except as otherwise provided in this SCUP, all use and area requirements established in Chapter 106 of the La Porte Code of Ordinances for multi -family residential developments in R-3 zoning districts shall apply. All multi -family development requirements will need to be met. 4. Development shall include a clubhouse, fitness center, and pool. 5. Permitted density will not exceed 14 units/acre. 6. No building or other structure shall exceed forty-five (45) feet in total height. 7. On site drainage and detention requirements Must meet minimum Harris County Flood Control District (HCFCD) standards. 8. Any onsite lighting or combination of lights which casts light on adjacent residential property shall not exceed 0.4 foot-candles (meter reading) as measured from such property. 9. A Traffic Impact Analysis (TIA) will be performed and Submitted to the City for review prior to the approval of the required site plan. 101. There shall be at minimum, a one hundred (100) foot wide landscape buffer along the southern property line adjacent to the Shady River Subdivision. All existing viable landscaping/vegietation shall remain within this buffer. No structures, improved Surface, or fill of any kind shall be permitted within this req u ired, buffer. 11. Any substantial 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 permitmay be rescinded by the City Council, upon its own motion or upon the recommendation of the, Planningand 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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