HomeMy WebLinkAboutOrd. 2021-3851 - SCUP 21-91000006, 11007 W. Fairmont, 12-13-21ORDINANCE NO. 2021-3851
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. 21-91000006, TO ALLOW FOR BUSINESS INDUSTRIAL (BI) USES
IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 3.38
ACRE TRACT OF LAND LOCATED AT 11007 W. FAIRMONT PARKWAY, AND
BEING LEGALLY DESCRIBED AS TRACT 1H, ABSTRACT 625 R, PEARSALL
SURVEY, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on October 21, 2021, the La Porte Planning and Zoning Commission conducted a
public hearing regarding a request to grant Special Conditional Use Permit No. 21-91000006 to
allow for Business Industrial uses in a Planned Unit Development (PUD) zone, on a 3.38 acre
tract of land located at 11007 W. Fairmont Pkwy., and being legally described as Tract 1H,
Abstract 625 R, Pearsall Survey, Harris County, Texas, following lawful publication of the notice
of said public hearing; and
WHEREAS, on October 21, 2021, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to grant
Special Conditional Use Permit No. 21-91000006 to allow for Business Industrial uses in a
Planned Unit Development (PUD) zone, on a 3.38 acre tract of land located at 11007 W.
Fairmont Pkwy., and being legally described as Tract 1H, Abstract 625 R, Pearsall Survey, Harris
County, Texas, be approved; and
WHEREAS, on December 13, 2021, the City Council of the City of La Porte conducted a public
hearing regarding a request to grant Special Conditional Use Permit No. 21-91000006 to allow
for Business Industrial uses in a Planned Unit Development (PUD) zone, on a 3.38 acre tract
of land located at 11007 W. Fairmont Pkwy., and being legally described as Tract 1H, Abstract
625 R, Pearsall Survey, Harris County, Texas); and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to grant Special Conditional Use Permit
No. 21-91000006 to allow for Business Industrial uses in a Planned Unit Development (PUD)
zone, on a 3.38 acre tract of land located at 11007 W. Fairmont Pkwy., and being legally
described as Tract 1H, Abstract 625 R, Pearsall Survey, Harris County, Texas be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #21-91000006, attached hereto as Exhibit A and
incorporated by reference for all purposes, to allow for Business Industrial (BI) uses
in the Planned Unit Development (PUD) zoning district, on a 3.38 acre tract of land
located at 11007 W. Fairmont Pkwy.; legally described as Tract 1H, Abstract 625 R,
Pearsall Survey, Harris County, Texas, and situated within a PUD zoning district.
Section 3. 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 4. 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 5. 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 6. 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 7. 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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon
conviction s hall be punished by a fine not to exceed TWO THOUSAND DOLLARS
($2000.00).
Section 9. This Ordinance shall be effective fourteen (14) days after its passa ge and approval.
The C ity Secretary s ha ll give notice of the passage of this ordi nance by causi ng the
caption he reof to be published in the official news paper of the C ity of La Porte at
least once within ten ( 10) days after the passage of this ordinance.
PASSED AND APPROVED this, the 13111 day of DECEMBER, 2021.
CITY OF LA PORTE, TEXAS
ATTEST: APPROVED:
EXHIBIT A
City of La Porte
Special Conditional Use Permit
#21-91000006
Applicant: Tammy Jo Millstid/C.M. Millstid Properties LLC.
Owner or Agent
1905 Laura Lane, La Porte, TX 77571
Address
Development Name/Type: Millstid BI Development
Location: 11007 W. Fairmont Pkwy. _
Legal Description: Tract 1H, Abstract 625 R Pearsall Survey _
Zoning: PUD, Planned Unit Development____________________________
Use: Business Industrial
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. A site development plan 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. Except as otherwise provided in this SCUP, all use and area requirements established in Chapter
106 of the La Porte Code of Ordinances for the Business Industrial (BI) zoning district shall apply.
All BI zoning and development requirements will need to be met, in addition to any conditions
listed below.
3. All uses permitted in the BI zoning district are permitted with the exception of those uses
corresponding to the following NAICS codes:
a. 484110 - General Freight Trucking, Local
b. 484121 - General Freight Trucking, Long-Distance, Truckload
c. 484220 - Specialized Freight (except Used Goods) Trucking, Local
d. 484230 - Specialized Freight (except Used Goods) Trucking, Long-Distance
e. 493 - General Warehousing and Storage
4. Perimeter fencing must be constructed along all portions of the property adjacent to residentially
zoned properties or properties occupied by a residential use.
5. Perimeter fencing must be 8’ tall and 100% opaque.
6. Onsite lighting must be hooded and include motion sensors to limit light pollution on adjacent
properties.
7. There shall be a minimum setback of forty feet (40’) along the rear property line of the
development. No improvements or business activities may be established or take place within
this setback.
8. Any trucking operations are limited to the hours of 7:00 AM – 7:00 PM.
9. No modular or temporary structures, including shipping containers, may be utilized on site at any
time for any purpose. Shipping containers on chassis and defined as in-transit shall be permitted.
10. All onsite areas utilized for storage, parking, or driving must be paved with either concrete or
asphalt, or chip seal.
11. Hazardous materials which may or may not require a placard may not be stored on si te for any
length of time. This prohibit ion includes shipments of hazardous materials that are defined as in-
transit by the Department of Transportation (DOT)
12. Any proposed modifications to this Special Conditional Use Perm it will require an amendment to this
SCUP in accordance with Chapter 106, "Zoning" of the City's Code of O rd inances.
Failure to start construction of the site w ithin twelve (12) months after issuance or as schedu led under the
terms of a special conditiona l use permit shall void t he perm it as approved, except upon an extension of
time g ranted after application to the Planning and Zoning Comm ission.
If contract or agreement is terminated after comp letion of any stage and there is ample evidence that further
development is not contemplated , the ordinance establi shi ng such special conditional use permitmay be
rescinded by the C ity Council, upon its own motion or upon the recommendat ion of the Planningand 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.
Valida ti on Date: \-'2.,/1 3 /2 1
Director of Planning and Development
City of La Porte Planning and Development Department Established 1892 Teresa Evans, Director
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
October 22, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Special Conditional Use Permit Request #21-91000006
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a regular meeting on October 22,
2021 to hear a Special Conditional Use Permit request by, Tammy Millstid of C.M. Millstid
Properties LLC., applicant and owner; for approval of a SCUP to allow for a Business
Industrial (BI) uses in the Planned Unit Development (PUD) zoning district, on a 3.38 acre
tract of land located at 11007 W. Fairmont Pkwy.; legally described as Tract 1H, Abstract
625 R, Pearsall Survey, Harris County, Texas. The subject site is zoned Planned Unit
Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special
Conditional Use Permit in order for the above referenced uses to be permitted within the
PUD zoning district.
The Commission voted 5-0 to recommend approval of the proposed SCUP, as presented
with the twelve (12) suggested conditions of approval.
Respectfully submitted
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
SPRINGWOOD
ASHWOODFAIRMONT
Houston-Galveston Area Council (H-GAC)
Area Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 157 feet
OCTOBER 2021PLANNING DEPARTMENT
I
Legend
Subject Tract
SCUP#21-910000006
11007 W. Fairmont
EXHIBIT A
PUD
BI
GC
R-1
SPRINGWOOD
ASHWOODFAIRMONT
Houston-Galveston Area Council (H-GAC)
Zoning Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 157 feet
OCTOBER 2021PLANNING DEPARTMENT
I
Legend
Subject Tract
SCUP#21-910000006
11007 W. Fairmont
EXHIBIT B
BI
PO
LDR
COM
MHDR
SPRINGWOOD
ASHWOODFAIRMONT
Houston-Galveston Area Council (H-GAC)
FLUP Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 157 feet
OCTOBER 2021PLANNING DEPARTMENT
I
Legend
Subject Tract
SCUP#21-910000006
11007 W. Fairmont
EXHIBIT C
EXHIBIT E