HomeMy WebLinkAboutOrd 2026-5033_SCUP No. 2025-0031ORDINANCE NO. 2026-5033
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. SCUP-2025-0031, FOR AN AMENDMENT TO SCUP #2021-91000005 AS
ADOPTED BY ORDINANCE 2021-3845, TO PROHIBIT WAREHOUSES TALLER THAN
65-FEET AND UPDATE ARCHITECTURAL DESIGN REQUIREMENTS FOR
DEVELOPMENTS ON A 6.94 ACRE PORTION OF THE 14.91 ACRE RESERVE L;
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WEST M STREET AND
STATE HIGHWAY 146, LA PORTE; HARRIS COUNTY, TEXAS; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS ACT; 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 #SCUP-2025-0031 attached hereto as Exhibit A and incorporated by reference
for all purposes, for an amendment to SCUP #21-91000005 adopted by Ordinance 2021-3845, to
prohibit warehouses taller than 65-feet and update architectural design requirements for developments -
on a 6.94 acre portion of the 14.91 acre Reserve L, within the Planned Unit Development (PUD) zoning
district, generally located at the southwest corner of West M Street and State Highway 146, La Porte;
Harris County, Texas.
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hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency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 three hundred feet (300') 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 D3r4 day of f`i\ 2026.
CITY OF LA PORT
Rick Helton, ayor
ATTEST: APPROVED AS TO FORM:
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oodward, �''�� -
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Clark T. Askins, City Attorney
City of La Porte
Special Conditional Use
Permit
# SCUP-2025-0031
This permit is issued to: Dawn Martinez
Owner or Agent
8895 Research Drive, Suite 200 Irvine, CA 92618
Address
For Development of: Cold Storage Warehouse
Development Name
1251 West M Street, La Porte, TX, 77571 and 1400 SH 146
Address
Legal Description: Reserves 1, 2, and 3, Block 2, Port Crossing Partial Replat of Reserve
"L" Block 2
Zoning: Planned Unit Development (PUD)
Use: See Exhibit H: Existing Development Agreement
list of uses in Exhibit C: Land Use Exceptions
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. This Special Conditional Use Permit (SCUP) would be applicable to specific
developments anticipated or proposed by the General Plan.
2. Uses are as described in the Land Use Exceptions (Exhibit C of the Amended
Development Agreement).
3. This SCUP outlines in general terms the proposed Planned Unit Development. The
developer recognizes and understands that any future construction or development of
the private or public improvements anticipated by this SCUP and the General Plan shall
require further submittal and approval of plats, site plans, construction drawings, and
building plans, etc. In addition, this SCUP supersedes SCUP #06-006.
4. This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are
exhibits to and are a part of the Amended Development Agreement.
5. Submittals for site plan approval shall be in accordance with this SCUP, General Plan,
Development Agreement, Restrictive Covenants, and Land Use Exceptions approved by
the City of La Porte. For uses not authorized by this SCUP, approval pursuant to Section
106-216 & 106-217 of the City of La Porte Code of Ordinances, as it now exists or may
be amended from time to time, shall be required.
6. The business park identification and entry features shall remain and be maintained as
constructed unless approved by the City Council.
7. Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of
any structure.
8. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited
within any part of the 300-acre Port Crossing business park. Any gas station that provides
any two (2) of the following: truck parking, more than one diesel dispenser for every ten (10)
gasoline dispensers or has a canopy over the dispensers that is greater than sixteen (16) feet
in height shall also be deemed a truck stop.
9. Within reserve J1, and a portion of reserve L (identified as Residue of Reserve "L" Port
Crossing Amending Plat F. C. NO. 676291, H.C. M.. R. on the Port Crossing Partial Replat of
Reserve "L", Block 2 recorded plat: RP-2018-383668) fronting State Highway 146,
warehouses are prohibited if the warehouse has a 36-foot clear or higher space; has more
than 250,000 feet of storage area; has truck docks on more than two sides or any facing
Highway 146; or contains any trailer storage other than necessary for loading and unloading
operations. Additionally, each building located thereon must have grade -level store -front
entries with windows facing Highway 146. Where warehouses exceed 200,000 square feet
in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and
b of the La Porte Code of Ordinances. Additionally, in the event of truck -bay parking on the
north or south side any allowed building screening shall be required to screen such trucks.
Screening may consist of a masonry wall or landscaping, or a combination thereof, at a
sufficient height to screen such trucks.
10. Within a portion of reserve L (Reserves 1, 2, and 3; Block 2; Port Crossing Partial Replat of
Reserve 1", Block 2: RP-2018-383668) fronting State Highway 146, warehouses are
prohibited if the warehouse is taller than 65-feet; has more than 250,000 feet of storage area;
has truck docks on more than two sides or any facing Highway 146; or contains any trailer
storage other than necessary for loading and unloading operations.
11. The following architectural design guidelines will be required along SH 146:
(a) Building Articulation.
(1) Primary facades shall meet the following minimum standards for articulation:
a. Horizontal Articulation. No building wall shall extend for a distance equal to
three times the wall's height without having a minimum off set of 5 feet, and
that new plane shall extend for a distance equal to at least 30 ft.
b. Vertical Articulation. No horizontal wall shall extend for a distance greater
than three times the height of the wall without changing height by a minimum
of 5 feet.
BUILDING ARTICULATION EXAMPLES
HORIZONTAL Articulation
5 n. 25 ., 11
rn nlnliml
P'6wtt, RANI!
VERTICAL Articulationll
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(b) Exterior Facade Materials
(1) Allowed exterior materials are categorized into the following three groups, of
which at least two materials from different groups shall be used in all exterior facades:
a. Group A: Brick and stone.
b. Group B: Stucco, architectural concrete block with integrated color
(split face CMU), factory primed cementitious fiberboard in the form of lap
siding or board and batten, El FS (above 14 feet from grade only), and painted,
colored or stamped tilt -wall.
c. Group C: Metal, tile, wood.
(2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate
pea -gravel finished surfaces, and pre-engineered metal building siding.
(3) Primary facade treatment standards applicable to buildings. Primary
Facades, excluding windows, doors, and other openings, shall be constructed
primarily of Group A materials and Group B materials. However, accent materials
from Group C may be allowed in limited application for architectural features as
approved by the director of planning and development or designee.
(4) The dominant color of all buildings shall be muted shades of color. Black and
stark white shall not be used except as an accent color. There are no restrictions on
accent colors which comprise less than one percent of the building face, except that
fluorescent colors are prohibited.
Additionally, in the event of truck -bay parking on the north or south side any allowed building
screening shall be required to screen such trucks. Screening may consist of a masonry wall
or landscaping, or a combination thereof, at a sufficient height to screen such trucks.
12. Within reserve E (E1/E2) fronting State Highway 146, warehouses are prohibited if the
warehouse is taller than 100 feet; has more than 250,000 feet of storage area; has truck docks
on more than two sides or any facing Highway 146; or contains any trailer storage other than
necessary for loading and unloading operations. Where warehouses exceed 200,000 square
feet in size, building articulation will be required in accordance with Section 106-928 (b)(1) a
and b of the La Porte Code of Ordinances. Additionally, in the event of truck -bay parking on
the north or south side any allowed building screening shall be required to screen such trucks.
Screening may consist of a masonry wall or landscaping, or a combination thereof, at a sufficient
height to screen such trucks.
13. The Developer shall consult with staff and the Keep La Porte Beautiful Committee in the
review and approval of their landscape plan to ensure that the number and density of
plantings are sufficient to provide a minimum of a 25-foot-high solid vegetated screen at the
time of planting.
14. The Developer shall be responsible for increasing the radius of the intersection of SH 146
and M Street based on approved plans from the City of La Porte and TxDOT. If the City and
developer have approved plans and are awaiting TxDOT approval, this shall not be grounds
for denying any City building permit for construction of the building site.
15. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas. To the extent there is a conflict between those laws and
ordinances and this SCUP, the SCUP controls.
16. This SCUP is binding on all owners of property included in the Legal description and their
successors and assigns.
Failure to start construction of the site within 1 1/2 years (18 months) after issuance 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 SCUP 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: 3/z 3 / Z fo
Director of Planning and Development _ " ). City Secret