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Home My WebLink AboutO-2013-3477 SCUP #13-91000001/South 16th StreetORDINANCE NO. I ,)(/ .) r I 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. 13-91000001 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING OFFICE/WAREHOUSE FACILITY AT THE SOUTHWEST CORNER OF SOUTH 16TH STREET AND McCABE ROAD, IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; 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 #13-91000001, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of office/warehouse facility at the following described property, to wit: 5 acre tract of land, being TR 1B-1, recorded under F.N. U496686, H.C.O.P.R.R.P., in the William P. Harris Survey, Abstract 30, LaPorte, Harris County, within a 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 Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 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 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 d ofdtl� , 2013. C OF LA PORTE By: ours R. by, Mayor AT T: Patrice Fogarty, City S c tart' APPROVED: Clark Asians, Assistant City Attorney City of La Porte Special Conditional Use Permit #13-9100001 This permit is issued to: Buffalo Horn Investment LLC Owner or Agent 65568 Coyote Lakes Dt., Las Vegas, NV 89122-4763 Address For Development of. Office/Warehouse Development Name 1926 South 16th Street La Porte TX 77571 Address Legal Description: TR 1B -i in the W. P. Harris League Abstract No. 30,La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Office/Warehouse Permit Conditions: 1. This Special Conditional Use Permit is applicable for the subject property and subsequent plan dated February 12, 2013, a copy of which shall be maintained in the files of the City's Planning Department. Project development shall be consistent with such plan, except as otherwise specified in these conditions of approval. 2. The plan shall comply with all other provisions of Chapter 106, "Zoning" of the City's Code of Ordinances. 3. Furnish the City a letter from Exxon/Mobil pertaining to the approval of pipeline easement and relocation. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to the Planning and Zoning Commission's review. 5. Exterior modifications, including signage and installation of refuse enclosures shall be reviewed by the Planning Department. 6. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte including building permits, irrigation, landscaping, sidewalk provisions, fire access & suppression systems, and the State of Texas. Failure to occupy the building 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. Valid ion Date: 2. 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