HomeMy WebLinkAboutOrd 2025-4036_SCUP No. 2026-0001ORDINANCE NO. 2025-4036
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, TEXAS, BY GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 2 0 2 6 - 0 0 01, TO ALLOW A RESIDENTIAL
SUBDIVISION INCLUDING 204 LOTS ON 56.75 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF WHARTON WEEMS BLVD. AND STATE HIGHWAY 146,
AND LEGALLY DESCRIBED AS TR 5 ABST 30 W P HARRIS, TR 5L ABST 30 W P
HARRIS, TR 1M ABST 35 J HUNTER, AND LTS 1 THRU 32 BLK 1267 & TR 33 LA
PORTE; 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 #2026-0001 attached hereto as Exhibit A and incorporated by reference for
all purposes, to allow a 204-lot single-family subdivision on 56.75 acres of land located at
the northeast corner of Wharton Weems Blvd. and State Highway 146, and legally described
as TR 5 ABST 30 W P HARRIS, TR 5L ABST 30 W P HARRIS, TR 1M ABST 35 J HUNTER,
and LTS 1 THRU 32 BLK 1267 & TR 33 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hereby repealed; provided, however, that such repeal shall be only to the extent of such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.
j61
PASSED AND APPROVED THIS ` day of
CITY OF LA P RTE, T' AS
Rick Hel , n, ayor
APPROVED AS TO FORM:
2026.
/ .... r :
Clark T. Askins, City Attorney
Exhibit A
City of La Porte
Special Conditional Use Permit
SCUP # 2026-0001
This permit is issued to: 925 Fairmont Estates
Owner or Agent
9018 Tri City Beach Road, Baytown, TX 77523
Address
For Development of: A 204-lot single-family subdivision
Development Name
Location: Northeast corner of SH 146 and Wharton Weems Blvd.
Legal Description:
Zoning:
Use:
Permit Conditions:
TR 5 ABST 30 W P HARIS, TR 1M ABST 35 J Hunter, TR 5L
ABST 30 WP Harris, and LTS 1-32, BLK 1267 & TR 33 La
Porte; Harris County, Texas.
PUD, Planned Unit Development
Residential Subdivision
This Special Conditional Use Permit (SCUP) for the development of a 204-lot single-family
subdivision with deviations and an underlying zoning district of Single -Family Residential-1
(R-1) 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 where necessary 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 shall be constructed in accordance with the requirements
outlined in Section 106-333 of the Code of Ordinances, the required
standards listed within the SCUP document, and applicable building codes
with the following deviations:
• Front Yard Setback: A reduction in the front yard setback from 25 feet
to 20 feet on cul-de-sac lots identified as follows: Block 1, Lots 22-26;
Block 2, Lots 8-13; and Block 2, Lots 30-34.
3. Corporate housing shall be prohibited within the development.
4. Gutters shall be installed on all homes and shall face the front yard.
5. A minimum 40' wide landscaped buffer is required along the western
boundary of the site adjacent to SH 146.
6. The developer shall install a 12' high masonry fence with soundproofing
materials along the western boundary of the project and an 8' high masonry
fence with soundproofing materials along the southern boundary of the
project.
7. Anti-Monotony/Anti-Repetition: No front elevation of a single-family home,
including its mirror image, shall be repeated more often than once every four
lots. Nor shall a front elevation be repeated directly on the opposite side of the
right-of-way. Similar elevations shall mean there is no substantial difference in
roof lines, size and location of windows and doors, color of materials, etc.
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 gallons in size with a minimum spacing of 3' on center. These plantings are
required along the entire length of the eastern and northern boundaries.
The landscape shall be owned and maintained by the Homeowner's
Association.
9. Two -car garages are required for each single-family lot and may not be
converted to living space.
10. All public streets internal to the development shall be constructed in
accordance with the City's Public Improvement Criteria Manual and shall be
dedicated to the city.
11. Sidewalks shall be required along all Rights -of Way and must meet the minimum
requirements of the Public Improvement Criteria Manual (PICM).
12. A pedestrian plan is required and shall provide pedestrian connectivity to all
public areas.
13. The proposed trail shall be a minimum 5 feet in width, constructed of concrete,
and shall encompass the perimeter of the detention pond.
14. A minimum of 15 benches shall be constructed along the proposed trail, along
with a minimum of three pet waste stations.
15. Entry feature signage shall be required along the Wharton Weems entry into the
development. An irrigated landscaped area consisting of bushes, shrubs and
ornamental grasses equal to or greater in size than the surface area of the
monument sign shall be installed around the base of the sign.
16. 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
in compliance with city code requirements.
17. 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 stormwater 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. The detention pond shall be sized for
maximum lot coverage and lot imperviousness. The developer may enhance the
existing detention pond to accommodate the development's detention
requirements with engineering approval.
18. All necessary documentation for building permit review must be submitted in
conjunction with the city's building permit application process.
19. A traffic impact analysis, performed by a licensed engineer agreed to by both the
City and the applicant, shall be required and subject to TxDOT criteria and
approval. If any mitigation is required by the study, the applicant will be
responsible for their portion of the impact. All contributions would be subject to
reimbursement through TIRZ, pursuant to approval by the TIRZ Board.
20. 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 developer's
expense.
21. A sanitary sewer flow impact study shall be required. If the study shows a
negative effect downstream, the developer shall perform improvements to the
downstream sanitary sewer system at the developer's expense.
22. The subdivision sanitary sewer lift station shall be designed and built by the
developer, as per TCEQ requirements and approved by the City, at the
developer's expense, then turned over to the City for ownership and
maintenance after the one (1) year warranty. The warranty will start upon the
project acceptance date.
23. 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.
24. A minimum of $10,000 shall be contributed to the tree fund for the
unauthorized removal of trees. Any future removal of trees is subject to all
requirements of the City's Tree Preservation Ordinance.
25. An HOA shall be established.
Failure to begin 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 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 Sec *''ar