HomeMy WebLinkAboutOrd 2025-5018_amends Ch. 106 granting SCUP No. 2025-0025ORDINANCE NO. 2025-5018
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. 2025-0025, TO ALLOW A DUPLEX (TWO-
FAMILY) RESIDENTIAL COMMUNITY ON APPROXIMATELY 9.6
ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF
MCCABE ROAD AND S. BROADWAY STREET CONSISTING OF SIXTY-
TWO (62) DWELLING UNITS WITH VARYING LOT WIDTHS OF 25, 30,
35, AND 40 FEET LEGALLY DESCRIBED AS TR A & 2A ABST 30 W P
HARRIS; TR 1A ABST 30 W P HARRIS; AND TR 1C ABST 30 W P
HARRIS, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS ACT; 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 #2025-0025 attached hereto as Exhibit A and incorporated by reference for
all purposes, to allow a duplex (two-family) residential community within the Planned Unit
Development (PUD) zoning district on 9.6 acres of land located at the northwest corner of
McCabe Road and S. Broadway Street and legally described as TR A & 2A ABST 30 W P
HARRIS; TR 1A ABST 30 W P HARRIS; AND TR 1C ABST 30 W P HARRIS, La Porte;
Harris County, Texas.
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hereby repealed; provided, however, that such repeal shall be only to the extent of such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 three hundred feet (300') 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.
cb
PASSED AND APPROVED THIS4\ day of \-)QU110u 2025.
CITY OF LA P RTE, T AS
Rick Helto , Mayor
APPROVED AS TO FORM:
Clark T. Askins, City Attorney
Exhibit A
City of La Porte
Special Conditional Use Permit
SCUP # 2025-0025
This permit is issued to: Stonemarc at BaLCreek LLC_
Owner or Agent
18214 Upper Bay Rd., Sute 58902 Houston, TX 77058-1800
Address
For Development of: A duplex (two-family) community including 62 dwelling units, each
dwelling unit to be constructed on individual lots, with varying lot
widths of 25, 35 feet, and 40 feet, with deviations from the City's
residential area requirements and driveway/curb standards
applied to duplexes on approximately 9.6 acres of land
Development Name:
Location: Northeast corner of McCabe Rd. and S. Broadway Street St.
Legal Description: TR A & 2A ABST 30 W P HARRIS, TR 1A ABST 30 W P HARRIS,
TR 1C ABST 30 W P HARRIS, La Porte; Harris County,
Texas
Zoning:
Use:
Permit Conditions:
Planned Unit Development (PUD)
Duplex (Two -Family) Residential Community
This Special Conditional Use Permit (SCUP) for the development of a duplex (two-family
dwelling unit) subdivision, including 62 dwelling units, with deviations listed, 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.
The applicant proposes the following deviations listed in the table below:
Development
Standard
R-3 Duplex
Requirements
Per Zoning
Ordinance
Proposed
PUD
Standard
Notes/Deviations
Min. Lot Area
6,000 sf.
2,750 sf
Min. lot area
decreased by 3,250
sf.
Min. Lot Width
60 If.
25 ft.
Narrower Tots
proposed: 25ft., 30
ft. & 35 ft.
Min. Yard
Setbacks (F,
R, S)
25-20-20
20-10-0
(attached
side yard) &
5 ft.
(detached
side yard)
Decrease in front
yard by 5 ft.;
decrease in rear
yard by 10 ft.,
decrease in side
yard by 20 ft
(attached) & 15 ft.
(detached).
Side Yard
Setback on
corner lots
5 ft. when
adjacent to
public ROW not
classified as
freeway,
arterial or
collector.
10 ft. when
adjacent to
public ROW
classified as
freeway,
arterial or
collector.
10 ft.
Max. Height
45 ft
45 ft.
No change
Density
8 DU/A
8 6.45
Decreased by 1.55
DU/A
Min. Open
Space/Unit
�/2 acre/80 units
or fraction
thereof
(0.4 acres) / 62
units
/80 units=0.77
0.5 x 0.77 = 0.4
Amenitized
area around
detention
area,
including 16
trees, 2
benches,
concrete
trail
Max. Lot
Coverage
60%
60%
No change
Min.
Landscaping/
Lot
N/A
Shrubs
within the 2-
ft. strip
between
driveways
Addition of shrubs
Distance
Between
Dwellings
N/A
10 ft.
Per the 2024
International
Residential Code
(IRC), and the 2018
International Fire
Code (IFC), the
common wall
separating units
must be constructed
as a 1-hour fire -
resistance -rated wall
assembly. Any
detached wall must
be setback 5 feet
from the property
line.
Deviations from
the IRC and IFC are
not permitted via a
SCUP.
Distance
Between Side
Property Line
and Driveway
3 ft.
1 ft.
Decreased by 2 ft.
Spacing
Between
Driveways
10 ft.
2 ft.
Decreased by 8 ft.
Project development shall be in accordance with the following conditions:
BUILDING PERMIT/SITE PLAN / GENERAL DEVELOPMENT PLAN
1. All necessary documentation for building permit review must be submitted in
conjunction with the city's building permit application process.
2. A site development plan shall be submitted for the proposed development,
incorporating the amenitized detention areas, residential lots and all other
conditions approved. The plan shall comply with all applicable requirements of
the City of La Porte Development Ordinance, Chapter 106 (Zoning) of the Code
of Ordinances, and all other relevant City and State regulations.
3. If the development is proposed to be constructed in phases, a General
Development Plan shall be required in accordance with Section 86-6 of the
Code of Ordinances.
4. Any phasing of the project shall be consistent with the approved General
Development Plan, ensuring that infrastructure, amenities, and landscaping are
installed concurrently with the respective development phase.
5. Modifications: Any substantial modification to the approved SCUP or deviation
from these conditions shall require review and approval by the Planning and
Zoning Commission and City Council via submittal of a SCUP.
6. Expiration: The SCUP shall expire if a building permit is not issued within two (2)
years of City Council approval, unless an extension is granted.
7. A Pedestrian Connectivity Plan is required with submittal of the Site Plan and
General Plan.
UNDERLYING ZONING DISTRICT AND PERMITTED USES
1. Development of the property is subject to the regulations applicable to
development within the R-3 zoning district, except as specifically provided
otherwise in this SCUP.
2. Permitted land uses within the development are limited to residential duplexes
and shall be constructed in accordance with the requirements outlined in the
approved SCUP document. Any standards or regulations not addressed within
the SCUP document shall conform to the applicable requirements of Chapter
106 (Zoning) of the City of La Porte Code of Ordinances.
3. The development shall include no more than sixty-two (62) duplex dwelling
units.
LANDSCAPING
1. Shrubs are required in the planting strip between driveways and shall be
spaced at three (3) feet on center.
2. Shrubs shall not be located within the public right-of-way.
3. A landscape/open space reserve shall be provided in Section 2, near Lot 14,
and shall include benches and a grill.
PEDESTRIAN CONNECTIVITY
1. The development shall provide internal pedestrian connections linking residential
areas with the amenitized detention area, pocket park, and open space reserves.
2. Sidewalks and pedestrian trails shall be designed to promote walkability
throughout the development and to connect to adjacent public sidewalks and/or
future pedestrian networks along McCabe Road.
3. Sidewalks are required along both sides of proposed streets of the
development, and shall be a minimum of 5 feet in width.
4. All sidewalks shall meet the minimum requirements of the Public Improvement
Criteria Manual (PICM).
AMENITIZED DETENTION AREAS
1. An amenitized detention pond is required in Section 1 and shall encompass
and shall include the following:
1. Concrete trail a minimum of 5 feet in width around the detention area,
2. A dog waste station,
3. Shade trees shall be spread along the trail, and not clustered, and
4. Benches are required within the amenitized detention area
2. A pocket park with playground equipment is required in Section 2.
DEVELOPMENT REGULATIONS
1. A minimum of seventy-five percent (75%) of all homes shall be constructed
with a porte-cochere.
2. Entry feature signage shall be constructed along the McCabe Road right-of-
way (entry into the development) for Section 1. The entry feature shall include
lighting, irrigated landscaping consisting of shrubs, bushes and ornamental
trees equal to or greater in size than the surface area of the sign.
3. All public streets internal to the development shall be constructed in
accordance with the City's PICM, and shall be dedicated to the city.
4. Eight -foot tall masonry fencing shall be installed along S. Broadway St. and
McCabe Rd.
PARKLAND DEDICATION
1. Fee in lieu of parkland dedication is required and shall comply with Section 86-
25.b.2 of the La Porte Code of Ordinances.
HOMEOWNERS ASSOCIATION
1. A Homeowners Association (HOA) shall be established.
2. The HOA shall be responsible for the ownership and maintenance of all common
areas, including:
a. Amenitized detention ponds and associated trails;
b. Pocket park(s) and open space reserves;
c. Entry feature landscaping and signage;
d. Common area lighting and decorative improvements; and
e. All other shared or non -individually owned improvements.
If the contract or agreement is terminated following the completion of any development stage,
and there is sufficient evidence to demonstrate that further development is not intended, the
ordinance establishing the Special Conditional Use Permit may be rescinded by the City
Council, either on its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte. Upon such rescission, the prior zoning designation shall be
fully reinstated and shall apply to any undeveloped portion of the property.
Validation Date:
Director of Planning and Development ( / City Secr