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HomeMy WebLinkAboutO-2015-3571 SCUP#14-19000003;off-site parking lot for Medders Construction Co, Inc ORDINANCE NO. 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. 14-91000003 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFF-SITE PARKING LOT FOR MEDDERS CONSTRUCTION CO., INC. AT THE SOUTHEAST CORNER OF S. 16TH STREET AND W. C STREET; 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#14-91000003, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of an off-site parking lot for Medders Construction Co., Inc., at the following described property, to wit: .143 acre tract further described as Lots 1 & 2, Block 789, Town of La Porte, City of LaPorte, Harris County, Texas, within a General Commercial (GC) 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 All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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. I 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 thea?3-(Jday of , 2015. CITYOF LA TE By: Louis" gby, Ma)or AT ST: Patrice Fogarty, Coecretdfy APPROVED: lzj�l -7� Clark Askins, Assistant City Attorney 2 EXHIBIT A City of La Porte Special Conditional Use Permit#14-91000003 This permit is issued to: Medders Construction Co,Inc. Owner or Agent 311 S. 16`h Street,LaPorte,Texas 77571 Address For Development of: Off-Site Parking Lot Development Name Vacant Parcel located at the Southeast Corner of S. Wh St. and W. C St. LaPorte,TX 77571 Address Legal Description: Lot 1 &2,Block 789,Town of LaPorte, City of LaPorte,Harris County,Texas Zoning: General Commercial(GC) Use: Off-Site Parking for a Construction Company Permit Conditions: This Special Conditional Use Permit is applicable for the subject property and subsequent plan received November 11, 2014,but not yet approved, a copy of which shall be maintained in the files of the City's Planning and Development Department upon approval.Project development shall be consistent with such approved plan,except as otherwise specified in these conditions of approval: 1. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte's Development Ordinance. 2. The plan shall comply with all other 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. 3. All necessary documentation for building permit review must be submitted in conjunction with the city's building permit application process. 4. The applicant shall provide screening in accordance with the provision of Section 106-444(a)on the east property line to mitigate impacts of the proposed parking lot on the residential properties to the east. 5. Driveway access shall only be permitted on S. 16th Street, or alternatively, on West C Street at 40' from the eastern right-of-way line of S. 16th Street at its point of intersection with W. C Street. 6. No outside storage of materials is permitted on site. 7. Parking shall be only for Medders Construction Co., Inc. or subsequent owner of the property at 311 S. 16th Street. 8. The paved surface shall be either asphalt or concrete. 9. The pavement shall remain in good, operable, dust free condition over time, and that repairs shall be made as necessary, or upon written notification by the city. 10. No storage of placard hazardous materials permitted on-site. 11. Minor amendments to the plans shall be subject to approval by the Director of Planning and Development.A significant change in the approved concept shall be subject to the Planning and Zoning Commission's review. 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 LaPorte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: 2—–2 �K q1J_ 1-10, Dilector of Plann4and Development City Secretary i 4