HomeMy WebLinkAboutO-2022-3873 granting SCUP #22-91000002ORDINANCE NO. 2022-3873
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. 22-910000029 TO ALLOW FOR MERCHANT WHOLESALER USES
IN THE BUSINESS INDUSTRIAL (BI) ZONING DISTRICT, ON AN 8.4-ACRE TRACT
OF LAND LOCATED AT THE 2200 BLOCK OF W. FAIRMONT PARKWAY, AND
BEING LEGALLY DESCRIBED AS 8.4 ACRES OUT OF TRACTS 2A, 3, 4, 4A, & TRACT
23D BAYPORT, SECTION 1, 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 February 17, 2022, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000002
to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-
acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described
as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall
Survey, Harris County, Texas, following lawful publication of the notice of said public hearing;
and
WHEREAS, on February 17, 2022, 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. 22-91000002 to allow for merchant wholesaler uses in the
Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of
W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract
23D Bayport, Section 1, Abstract 625, R PearsalI Survey, Harris County, Texas, be approved;
and
WHEREAS, on March 28, 2022, the City Council of the City of La Porte conducted a public
hearing regarding a request to grant Special Conditional Use Permit No. 22-91000002 to allow
for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract
of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres
out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey,
Harris County; 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 LaPorte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to Special Conditional Use Permit No. 22-
91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district
on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally
described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, 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:
Se-etion 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 No. 22-91000002 to allow for merchant wholesaler
uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the
2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A,
3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County,
Texas, and situated within the BI 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 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 28th day of MARCH, 2022.
CITY OF LA PORTE, TEXAS
L ui . Rigby, ay r
APPROVED:
Clark Askins, Assistant City Attorney
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EXHIBIT A
City of La Porte
Special Conditional Use Permit
#22-91000002
Applicant: Rick Kight, ODIA Fairmont, LLC
Owner or Agent
7880 San Felipe St, Suite 250, Houston, TX 77063
Address
Development Name/Type: Global Agri -Trade Warehouse Facility
Location: 2200 Block of W. Fairmont Pkw .
Legal Description: 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1_,
Abstract 625 R Pearsall Survey, Harris County, TX
Zoning: Business Industrial (BI
Use: Merchant Wholesaler
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, if necessary, 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. All Merchant Wholesale Uses listed in Chapter 106-310 shall be permitted on site.
3. The proposed building may not exceed 85,000 square feet in total floor area.
4. All truck bays must be located to the rear (north) of the building and screened from view of public
right-of-way.
5. All onsite areas utilized for storage, parking, or driving must be paved with either concrete or asphalt.
6. Total daily truck traffic to and from the building site shall be limited to a maximum of ten (10) trucks
a day.
7. Electronic equipment designed to monitor and log the number of trucks traveling to and from the
building site shall be installed, and the value of such electronic equipment, including operational
and maintenance expenses for the life of the equipment, shall be valued at no less than $15,000.00
8. No Shipping containers are permitted to be stored outside unless affixed to a chassis.
9. Any outside storage shall be screened from view of adjoining properties with an 8' tall fence that
shall be 100% opaque. Vinyl slating in conjunction with a chain -link fence is permitted.
10. 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).
11. 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 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.
Validation Date: . 2 5 22
Director of Planning and Development