La Porte council denies two tobacco shop requests, approves school expansion and other zoning changes

The La Porte City Council on Tuesday denied two applications for tobacco and smoker-supply stores, approved a special conditional use permit to allow Lomax Junior High School to expand, and approved a commercial parking lot and code amendments affecting adult-oriented business classifications and public-hearing signposting.

Planning staff told council the two tobacco-store proposals were reviewed against the city’s zoning rules and surrounding land uses. "This application was actually received September 5, 2024 prior to the council's adoption of the 106 change on October 14th," said Yvonne Briscoe, planning and development, while presenting the proposal for 1307 West Fairmont Parkway. Briscoe said staff found seven existing vape or tobacco shops in La Porte and that Planning and Zoning recommended denial.

The denial motions were made on the council floor. Councilman McLaren moved to deny the SCUP for 1307 West Fairmont Parkway; the motion was seconded by Councilman Bentley and the motion carried. A separate SCUP for 9803 West Fairmont Parkway was also denied after a motion by Councilman McLaren and a second by Councilman Bentley; the Planning and Zoning Commission had recommended denial for that application as well.

By contrast, the council approved a special conditional use permit to allow Lomax Junior High School — an existing school on approximately 20 acres at 9801 L Street — to obtain legal status permitting a planned gymnasium addition and interior renovations. Johna Matthews of planning and development explained that the property is zoned R-1 and is considered a legal nonconforming use that now requires a SCUP to permit expansion. "So as zoning changes over time, a special conditional use permit is now required," Matthews said. Councilmember Williams moved to approve the SCUP to allow the school's expansion; the motion carried.

Council also approved a request by GW Group Properties LLC to construct a 13-space commercial parking lot at 0 Dr. Martin Luther King Jr. Drive within the Main Street district. Planning staff noted the applicant proposed to deviate from a 30-foot front setback that would otherwise apply and that the Planning and Zoning Commission had recommended approval 8–0. Councilman McCauley moved to approve the SCUP for the parking lot; the motion carried.

Separately, the council adopted ordinance 2025-4034 amending Chapter 90 (Entertainment) and Chapter 106 (Zoning) to revise use classifications for adult-oriented businesses (adding adult novelty stores as a separate category), change signposting requirements for public hearings, adopt certain permitted uses in the mixed-use district, and remove livestock regulations from residential zoning. Planning staff said the Planning & Zoning Commission recommended approval 8–0. Councilmember Englekin moved to accept the ordinance as presented; the motion carried.

Taken together, the votes leave the Lomax property able to proceed with the school expansion and preserve tighter locational controls on adult-oriented businesses, while two proposed tobacco/smoker-supply stores were blocked.

Votes at a glance

- Ordinance 2025-4030 / SCUP-2024-005 (1307 West Fairmont Parkway, tobacco/smoker supply store): Motion to deny by Councilman McLaren, second by Councilman Bentley; outcome: denied.

- Ordinance 2025-4031 / SCUP-2024-006 (Lomax Junior High School, 9801 L Street): Motion to approve by Councilmember Williams; outcome: approved.

- Ordinance 2025-4032 / SCUP-2024-007 (9803 West Fairmont Parkway, tobacco/smoker supply store): Motion to deny by Councilman McLaren, second by Councilman Bentley; outcome: denied.

- Ordinance 2025-4033 / SCUP-2024-008 (0 Dr. Martin Luther King Jr. Drive, commercial parking lot for Napa employees): Motion to approve by Councilman McCauley, second by Councilman McLaren; outcome: approved.

- Ordinance 2025-4034 (amend Chapter 90 and 106: adult-oriented businesses, signposting, mixed-use permitted uses, remove livestock regs): Motion to adopt by Councilmember Englekin, second by Councilmember Williams; outcome: approved.

Why it matters

The denials keep the number and locations of tobacco and vape retailers limited in the city, while the Lomax approval clears the way for school facilities work that planners said is consistent with the comprehensive plan’s public/institutional land use designation. The Main Street parking-lot approval and code changes affect the downtown/Main Street character and the mechanics for public notice on future hearings.

Context and next steps

Staff said notices were mailed to nearby property owners for each hearing (counts ranged from single digits to the low hundreds depending on the site). Several Planning and Zoning votes were unanimous; the council votes followed with standard motions and the outcomes recorded in the minutes. The Lomax SCUP will permit the junior high’s planned gym addition to proceed with required permitting and site-plan review.