HomeMy WebLinkAboutO-2022-3865 granting special conditional use permit no. 21-91000009, 3337 Canada RoadORDINANCE NO. 2022-3865
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. 21-91000009, TO ALLOW FOR LIGHT INDUSTRIAL (LI) USES IN
THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 6.264-ACRE
TRACT OF LAND LOCATED AT 3337 CANADA ROAD, AND BEING LEGALLY
DESCRIBED AS TRACTS 692 & 693, LA PORTE OUTLOTS, 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 December 16, 2021, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to grant Special Conditional Use Permit No. 21-91000009
to allow for Light Industrial (LI) uses in a Planned Unit Development (PUD) zone, on a 6.264-
acre tract of land located at 3337 Canada Rd., and being legally described as Tracts 692 & 693,
La Porte Outlots, Harris County, Texas, following lawful publication of the notice of said public
hearing; and
WHEREAS, on December 16, 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. 21-91000009 to allow for Light Industrial (LI) uses in a
Planned Unit Development (PUD) zone, on a 6.264-acre tract of land located at 3337 Canada
Rd., and being legally described as Tracts 692 & 693, La Porte Outlots, Harris County, Texas,
be denied; and
WHEREAS, on January 24, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to grant Special Conditional Use Permit No. 21-91000009 to allow
for Light Industrial (LI) uses in a Planned Unit Development (PUD) zone, on a 6.264-acre tract
of land located at 3337 Canada Rd., and being legally described as Tracts 692 & 693, La Porte
Outlots, 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. 21-91000009 to allow for Light Industrial (LI) uses in a Planned Unit Development (PUD)
zone, on a 6.264-acre tract of land located at 3337 Canada Rd., and being legally described as
Tracts 692 & 693, La Porte Outlots, 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 #21-91000009, attached hereto asExhibit A and
incorporated by reference for all purposes, to allow for Light Industrial (LI) uses in
the Planned 'Unit Development (PUD) zoning district, on a 6.264-acre tract of land
located at 3337 Canada Rd., and being legally described as Tracts 692 & 693, La
Porte Outlots, 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 reasonsthereof 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 portionor 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 S. 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 ordinanceand the subject matter thereof has been discussed, considered
and formallyacted 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 shall 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 passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at
least once within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this, the 241" day of JANUARY, 2022.
CITY OF LA PORTE, TEXAS
— A4
Louis gby, Ma o
ATTEST:
W
APPROVED:
Clark Askins, Assistant City Attorney
City of La Porte
Special Conditional Use Permit
#21-91000009
Applicant: Paul Pittman of Gulf Coast Crating
Owner or Agent
1310 E. Richey Rd., Houston, TX 77073
Address
Development Name/Type: Gulf Coast Crating
Location: 3337 Canada Rd.
Legal Description: Tracts 692 & 693, La Porte Outlots
Zoning: PUD. Planned Unit Development
Use: Light 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. The underlying zoning is Light Industrial (LI). All LI zoning and development
requirements will need to be met, in addition to any conditions listed below.
3. All uses permitted in the LI zoning district as shown in the Land Use table of Chapter 106,
shall be permitted on site.
4. Perimeter fencing must be constructed and maintained along all portions of the property.
5. Perimeter fencing is required and shall be 100% opaque. Chain -link fencing in
conjunction with vinyl slating is permitted. Fencing along the north, south, and west
property lines must be eight (8) feet tall. Fencing on the eastern property line must be ten
(10) feet tall.
6. All onsite lighting must be hooded to limit light pollution on adjacent properties.
7. Any operations involving eighteen-wheeler trucks are limited to the hours of 7:00 AM —
5:00 PM, Monday through Friday. The facility MAY NOT receive or dispatch eighteen-
wheeler trucks on Saturday or Sunday.
8. Total daily eighteen-wheeler truck traffic shall be limited to an average of ten (10)
eighteen-wheeler trucks per day.
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. No Shipping containers are permitted to be stored outside unless affixed to a chassis.
11. All onsite areas utilized for storage, parking, or driving must be paved with either concrete
or asphalt.
12. Hazardous materials which may or may not require a placard may not be stored on site
for any length of time. This prohibition includes hazardous materials stored in the building
or on trucks and shipments of hazardous materials that are defined as in -transit by the
Department of Transportation (DOT).
13. Any proposed 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 twelve (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 permitmay be
rescinded by the City Council, upon its own motion or upon the recommendation 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.
Validation Date: f/ Z 4 / 2 Z
Director of Planning and Development
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