HomeMy WebLinkAboutOrd 2026-5046_SCUP No. 2026-0003ORDINANCE NO. 2026-5046
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 A SPECIAL
CONDITIONAL USE PERMIT (SCUP-2026-0003) TO ALLOW FOR THE
DEVELOPMENT OF A SINGLE-FAMILY HOME, WITH AN UNDERLYING ZONING
DISTRICT OF LOW -DENSITY RESIDENTIAL (R-1) ON A PORTION OF AN 11.8- ACRE
TRACT OF LAND IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING
DISTRICT, GENERALLY LOCATED ON THE SOUTH SIDE OF MC CABE RD,
BETWEEN SH 146 TO THE WEST AND S. BROADWAY STREET TO THE EAST, AND
LEGALLY DESCRIBED AS TR 5D, 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 #SCUP-2026-0003 attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of a single-family home, with an underlying
zoning district of low -density residential (R-1), on an approximately 11.8 acre -tract of land in the
Planned Unit Development (PUD) zoning district, located at 911 Mc Cabe Rd., and legally
described as TR 5D, ABS 30 W P Harris, 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hereby repealed; provided, however, that such repeal shall be only to the extent of such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.
PASSED AND APPROVED THIS
AT . ST:
L.
oodward,
1-\`( OF
day of Uiln 2026.
CITY OF LA POR
Rick Helton, Mayor
APPROVED AS TO FORM:
r-
Clark T. Askins, City Attorney
EXHIBIT A
City of La Porte
Special Conditional Use Permit
SCUP # 2026-0003
This permit is issued to: Michael Stone
Owner or Agent
4415 Timber Ct.
Address
For Development of: One (1) single-family detached home
Development Name
Location:
and Broadway
South side of McCabe Rd., between S SH-146 to the west
St. To the east.
Legal Description: TR 5D ABST 30 W P HARRIS, La Porte; Harris
County, Texas.
Zoning: Planned Unit
Development (PUD)
Use: Residential Home
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. The property shall be developed in accordance with applicable requirements of
the City of La Porte's Development Ordinance and shall comply with all provisions of
Chapter 106- "Zoning," Chapter 82 — "Buildings and Building Regulations," and
Chapter 86 — "Development Regulations" 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 for the development of one (1) single-family detached home.
3. 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 SCUP 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
SCUP 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: "�r) ,Y -06�
Director of Planning and Development
y Secretary