HomeMy WebLinkAboutO-2001-1501-TT
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ORNINANCE NO. 1501-TT
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 CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.8 ACRES, BEING THE EAST
HALF OF TR 718, AND TR 719, AND ADJOINING STREET, OUT OF LA PORTE OUTLOTS,
W.B. LAWRENCE SUBDIVISION, WILLIAM M JONES SURVEY, A-482, CITY OF LA PORTE,
HARRIS COUNTY, TEXAS, TO PLANNED UNIT DEVELOPMENT, WITH A SPECIAL
CONDITIONAL USE PERMIT ATTACHED FOR THE DEVELOPMENT OF PHASE I OF
FAIRWOOD OFFICE PARK, WHICH INCLUDES A 26,000 SQ. FT. DETENTION AND
LANDSCAPE AREA AND A 32,006 SQ. FT. BUILDING; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Port~ hereby finds, determines and
declares that heretofore, to-wit, on the 29th day of November, 2001, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government
Code, to consider the question and the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice
of Public Hearing, which the City Council of the City of La Porte hereby finds was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on November 29, 2001, the
Planning and Zoning Commission of the City of La Porte met in regular session to consider
changes in classification, which were the subject of such publiC hearing. The City Council of the
City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and
ORDINANCE NO. 1501-_
Page 2
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Zoning Commission, by letter dated November 30, 2001, a true copy of which letter is attached
hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 10th day of December, 2001, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the zoning
classification of the hereinafter described parcels of land, situated within the corporate limits of
the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of
said parcels of land shall hereafter be "PUD -Planned Unit Development with a Special
Conditional Use Permif' for development of Phase I of Fairwood Office Park located at 9621
Fairmont Parkway, La Porte, Texas. The conditions of said Conditional Use Permit are as set
forth in the Motion and Recommendations of the Planning and Zoning Commission of the City of
La Porte, and shall be as set forth within the incorporated terms of the Special Conditional Use
Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of
land rezoned pursuant to sac Special Conditional Use Permit are as follows, to-wit:
ORDINANCE NO. 1501-.
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2.8 Acres, Being a portion of the East Half of Tr. 718 and Tr. 719, and adjoining street,
out of La Porte Outlots, W.B. Lawrence Subdivision, William M. Jones Survey, A-482, City of La
Porte, Harris County, Texas.
"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 Map and 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. The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was 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 the Open Meetings Law, Chapter 551, Texas
Government 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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the 10th day of December, 2001. .
cr~ PORTE
By: ~
ORMAN MALo~r
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TIlE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 29th
day of November, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway,
La Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Permit
Request #SCU 01-004, which has been requested for approximately 2.8 acres of land (phase I)
being east half of TR 718, TR 719, and adjoining street, out of La Porte Outlots, W. B. Lawrence
Subdivision, Volume 83, PG. 344, H.C.D.R. out of the William M. Jones Survey, A-482, City of La
Porte, Harris County, Texas. The property in question is located along Fairmont Parkway at
Underwood Road. The request, submitted by Mr. Louis Stranahan, on behalf of Summer Winds,
LLC., is seeking approval to develop office building at the subject property. Per Section 106 -637 of
the Code of Ordinances, a Special Conditional Use Permit is required for the Development in a
Planned Unit Development (pUD). ,
A meeting of the Planning and Zoning Commission will follow the public hearing for the purpose
of acting upon the public hearing items and to conduct other matters pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened. .
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TDD Line (281) 471-5030 for further information.
EXHIB'" A
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. William M. Jones..surnte}!...~A ....:..I::.....~.;:,.~.. .
A~482 C'... . f tl........l::i "rt' ; '....H..... .......s"'"Cltlzllns wishing
r .' I'T.t}.O"~'!:~!i)!~ ~e'?'..t ...."'l..d"".. '" .._",. a. .
,~ . Harris Courity!Texas:Tt\e"!' ~'.:~u rt",,~:..t/iJir.'Commls-
:~.i. . ....>.. ., . 1~~~~9~. ec,,;:: property in question:istior ,\l!I,g.q p.~)~r~Q~r~~ring the
JI~Q:;;i{~p'~:-~: ;'::~:;of';tfiEi~' '~~~:';::.cated . along"' Falrmonki;i~~.~lifll.tpe~Jjf.\~rY.'ill-':be re-
fl>Ofdlr1an :Clti..,\ Parkway ,at.. . Underwood ., qO.lrecrtb' SI911 lopefore the
.' "r": "'10'1:_1_... ~. "'= . 'T~ r, .... "'..... ....1j ,...,...,..-!- 't'~n~i.""oI"'t>'"\.~ 11....
. . vii.;! A~ad. The 'request; )iJci~"~~~..lnt-'ljoeOnvenQd. .
i.mitted by Mr. Louis 'Sltli!cr:\.l!,I!3.P\Oti..lls0! .
~han. '. ~'iI.!;~!!I;I!!!~,,~.fr ~l:Jm1. '1; S:i.~(~ :of? ~.,~ t'\;' ~ ~. '.
.!'ler Winds, LLC., IS seek- : CITY 'OF.LA ~gATf .
109 approval to. d,q~~IGlp g1.~" ,.Jt1a Gllle,tt . ; ..
flce building at t1i.it"~bbjecf.f.!.~6a'l'E3ltY'f.l !Y'
;. '. . .~"" '~1""1 "B,,;~,J ..,.
pr~perty. P!"r-'Sec,tJ!Jm~.1.06~'r'Ill'uM., .'. ;'l' . '.
,~.~!. of ~e!,.q9d~ "of <?rtJ~:;:q."" no~~ . ..~tiiJ";l. .'
~nar)ceso 8!iSpeCI~1 ;Gond\",,; .,.,. :-:-:,.,~,..TI'l~;.f~C;llIty has
-8 tianal Usa'<"PerTr\it: lllt~lr~~t i1iW/.I&'eco'a1mbdatlons
...... ., 6Q~. ._~~f, .. g~.!r.ed:ff9r~i!iJ.o:~pijlrtrh~rit~~~?i!i~9t~;~a~~li"s~~ for ac.
:mont.~!il . ..!ilY..: La ~orte. ;. i~.a . Planned ynlt. Deilel~.n~!tf!iii!m~~~.'i'~~t; Interpre.
)ml.l1~'c::; , ,,;,. fexas., Tft~:l2.ulgo gj ; op'ment (PUD). .. .tlve-s'9rVlces at m.eetlngs
:.~~:..' "..': ':-:'::'.. ,.i:':.".hearir1g'.Is..i;!O;, :' ~ '.' ~ .' ~ ..11 ~OU'I~..blj.,,made,..48 hours
, .. ":' ,.{ :"\;..~..I:!p'~i:iiil"~C_9~qi.ti,..... ~ i .! . .' I ~'C\~~f~ ~ta.apn~7.:~~tb....llh'lll6'l r:heeting.
S ..; 'f;-~.~~'rmlt;Aeqaes~,#.s,O:Qj;:O:111.~'i;;.\~: ,. " A meeting of the. Please c ~I Secra-
'\ ':a ,.. '\,...... -, 'I'.',., .1"" 7,ii'" ...."".!'f. "..
". ...~ ';.;;:;.'>:~' . .'!~ ;1"fi~91!1l ~~~t1::.h~~;~~!t~l}j' '...Plpnnlng and Zoning Com-!. o.fa~li \~ 81)471-
".:' ':";"-"AA'RiSoi1~,n9.~~,\l,t~d'~t?rl}p'q1:~XJ~~tq!~:j .'!'Is~ion. ~ill follow the pub;fr;tiPl:>>r~ ll~ol' Line
.' '. .'.. .' 2.8 acres of laITltIPtja'S-8'I):. ho heanng.fQ~ ~ RUr.ROS.!) (~lS,I}~n for! further'
, ~ : . .'''.: . . being east t1alf..Glff:T-IR.n:;1iS1 "orl.actlng"0'P.6n::th~;f~a6ii~~~i'ifd"'mat . ~J I :"'f
'..' ,;fg~W...:.. TA '..719., a.nt-~adj~ii;ing.t:!:-hearing'llte'Mi"~htl~iQf~i:o'nr-r:Q?~~..e.'~'e'tr::J ~;.: ~~
---~'~.o.At1ol"''''f1~,\;$J4~'''.5 . , ......: '.' ~.... ~ 1.-:' .
820 South 8th Street
La Porte, Texas 77571
TheB
City of La Porte
County of Harris
State of Texas
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:1,' i;lNotrl~E~bf.:; p..uaH
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Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who
after being duly sworn. swears the attached notice was
published in The Bayshore Sun dated I' - I 'f- - () I
~~~
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this ~ r ,/I day of /7 ~
~~~.
Sandra E. Bumgarner ~
Notary Public
Harris County, Texas
,2001
-EXli1i11i B
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City of La Po.rte
Established 1892
November 30, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During a regular meeting on November 29, 2001, the La Porte Planning and
Zoning Commission approved a General Plan for Fairwood Office Park (8.2628
acres) located in a Planned Unit Development (PUD) zoning district. City
ordinance requires a Special Conditional Use Permit for all proposed
development in a PUD Zone.
In accordance with this requirement, the Planning and Zoning Commission held a
public hearing for a Special Conditional Use Permit #SCU01-004 for Phase I (2.8
acres) of the Fairwood Office Park.. The Planning and Zoning Commission, by
unanimous vote, recommends that City Council consider approval of the Special
Conditional Use Permit #SCU01-004.
Respectfully submitted,
~c04w
Planning and Zoning Commission, Chairperson
C: Robert T. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attomey
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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TIIE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of December,
2001, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The
purpose of this hearing is to consider a Special Conditional Use Pennit Request #SCU 01-004,
which has been requeSted for approximately 2.8 acres of land (phase 1) being east half of TR 718,
TR 719, and adjoining street, out of La Porte oUtlots, W. B. Lawrence Subdivision, Volume 83,
PG. 344, HC.D.R. out of the William M. Jones Survey, A-482, City of La Porte, Hanis County,
Texas. The property in question is located along Fainnont Parkway at Underwood Road. The
request, submitted by Mr. Louis Stranahan, on behalf of Summer Winds, LLC., is seeking approval
to develop office building at the subject property. Per Section 106-637 of the Code of Ordinances, a
Special Conditional Use Pennit is required for the Development in a Planned Unit Development
(PUD).
A meeting of the City Council will follow the public hearing for the pwpose of acting upon the
public hearing items and to conduct other matters pertaining to the Co~ncil.
.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or lDD Line (281) 471-5030 for further infonnation.
dHIBIi D.
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820 South 8th Street
La Porte, Texas 77571
TheB
'Serving The Bayshore Area Since 1
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was
published in The Bayshore Sun dated 1/ -,;1. 5 -01
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before.me this ~J?-r.j4 day of' )1~
~AL
Sandra E. Bumgarne~
Notary Public
Harris County, Texas
,2001
_IS'IT E
City of La Porte
Special Conditional Use Permit #SCU01-004
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This permit is issued to:
Louis Stranahan. Fairwood Development Ltd.
Owner or Agent
1811 Norfolk. Houston. TX
Address
For Development of:
Fairwood Office Park. Phase I
Development Name
9621 Fairmont Parkway. La Porte. TX
Address
Legal Description:
2.8 acres. beinl2' the east half of TR 718. and TR 719. and
adioining street. out of La Porte Outlots. w.e. Lawrence Subdivision.
William M. Jones Survey. A-482. City of La Porte. Harris County.
Texas.
Zoning:
Planned Unit Development
Use:
See attached Document 1 "Phase 1 Permitted Uses"
Permit Conditions:
1. The permitted uses in Phase I are limited to those shown in the attached Document 1
"Phase I Permitted Uses".
2. The Developer shall use the convenants and' restrictions similar to those listed in the
attached Document 2 "Property Controls".
3. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Failure to begin construction within one (1) year after issuance or as schedul~d under the terms of a
special conditiQnal use permit shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction 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.
V/(~~~~
City Secretary
EXHIBrr F
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. Document 1
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Phase I Permitted Uses
The uses proposed to be 'allowed in Phase I included the uses allowed
under the original Neighborhood Zoning Application plus the uses listed in
the table below.
PI
d U. D
Ph
I Add. .
I U
anne mt eve opment ase Itlona ses
Industry Industry Type Comments
SIC By Code
Code
473 Arrangements of Office use only. No warehousing or storage.
Transportation
481-489 Tele-Communications Office use only.
544 Food Stores Candy, nut and confectionery stores only.
546 Bakeries Limited to bakery items only.
549 . Misc. Food Stores Limited to coffee stores, dietetic, health,
spicelherb,tea, vitamin, and water stores only. (No
poultry or e22s.)
561-569 Apparel and Accessory Conditional use in zone
Stores
5713 Home Furnishings - No contractors/installers on site
Floor Coverin2
'5714 Home Furnishings - No contractors/installers on site'
Drapery, _C~n,
Upholstery
5719 Home Furnishings - No contractors/installers on site
Misc. Home -
Furnishin2s
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Industry Sub- Type Comments
SIC By Code
Code
5719 Home Furnishings Misc. Home Furnishings (no contractors/installers)
on site
573 Radio, TV, Consumer Retail Services only.
Electronics,
Computers, Software
and Music Stores
5948 Misc. Shoppi~g Goods No manufacturing on site. Conditional use in CR
Stores - Luggage & zone.
Leather store
5995 Retail Stores not No news and news stands, auction rooms awning.
elsewhere classified.- shops, fireworks, gravestones, hot tubs, ice dealers,
Optical Goods monuments, sales barns, tomb stones, whirlpool .
baths.
5999 Misc. Retail Stores. ALL.
WITH THE FOLLOWING EXCEPTIONS.. .NO
news. & news stands, auction rooms, awning
shops, fireworks, grave stones, hot tubs, ice
dealers, monuments, sales barns, tomb stones,
whirlpool baths
.
602-608 Commercial Banks,
Savings Institutions, -
Credit Unions, Foreign
Banking and Branches
611-616 FederallFederally
Sponsored Credit
Agencies, .Person
Credit Institutions,
Business Credit
Institutions, Mortgage
bankers and Brokers.
621-639 Security and Limited to general business offices only. NO
Commodity Brokers~ inspections stations
dealers, Exchanges,.
and Services; Insurance
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Carriers.
731-738 Business Services General office use only.
7363 Personnel Supply General office use only.
Services
806-809 Hospital Limited to outpatient care only.
861-869 Membership
Oreanizations
,
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Document 2
Phase I Covenants and Restrictions'
,
Zoning, CDI06:76, Section 106-659. Special regulations and procedures.
(a) Procedure for establishing or developing a planned unit development district
development. (4) A written description shall be submitted documenting the type
of property control that will be utilized to administer, c,ontrol and maintain any
common open space or areas.
. ADMINISTRATION:
The Developer's General Pla~ calls for a planned'phase development of the Property. At
the conclusion of the general building construction and its supporting infrastructure
including but not limited to its utilities, parking areas landscaping, detention and
roadways for a specific phase, the lease occupant (Tenant) demised premises construction .
shall commence. Each Tenant shall execute the Developer's Lease Agreement for it's
leased premises that will described in detail an architect's prepared space plan, approved
construction documents to be submitt~d thru the Building Permit process, and the legal ,
conditions that bind the p~es. The Developer will provide the property management
services under the direction of a designated professional Property Manager with specific
responsibility to manage the improved properties described in the General Plan.
CONTROL: .
The legal control for the administration of each phase referred to in the General Plan shall
be contained in the Developer's Lease Agreement and shall be managed by the
Developer:s Property Manager. A portion of the Rental Payment in the Lease allows for
the developer to charge each Tenant with specific building and common area
maintenance charges incurred during each annual accounting period. A. portion of the
rent is collected monthly and a po~on of the rent is billed annually to cover cost to
maintain any common open spac~ or areas.
ACTUAL OPERATING EXPENSES:
Actual operating expenses shall consist of all operating expenses, computed on the
accrual basis. These expenses would include but not be limited to; Buildings, the Land,
Paths, Sidewalks, Roadways, Landscapi~g, Signs, Detention Areas, U~l~ty Services aJ?d'
Easements, Janitorial Services, which serve Ute buildings ~hich may currently be in
ex.istenc~ and any such improvements which may be constructed to service a~y .of the
foregoing in subsequent years as may be necessary or desirable in Landlord's discretion.
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SIGNAGE:
Signage will be as provided by the zoning ordinance. On site signage will be limited.
As each phase in the General Plan is completed, the administration and control.required
insuring that the property is maintained is a responsibility that is backed up by the
Developer's Lease Agreement and is enforceable in law. The Developer's Lease
. . Agreement is assignable and/or may be transferred under specific conditions. However,
the responsibility for the administration, the controls and the charges in the rental rate
used for maintenance, and the maintenance itself for all common spaces or areas shall
survive any lease, sale, or other transfer of properties identified in the General Plan.
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StatTReport
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Fairwood Office Park
Special Conditional Use Permit #01-004
November 29, 2001
Request:
Requested By:
Requested For:
Present Zonin2:
Requested Use:
Back2round:
Special Conditional Use Permit for
Fairwood Office Park - Phase I (2.8 acres)
Mr. Louis Stranahan, on behalf of, Summer Winds, L.L.C.
Phase I (2.8 acres) of the total development (8.2628 acres) being portions of
Outlots 718 and 719 of the W. B. Lawrence Subdivision, Volume 83, Page
344, HC.D.R. out of the William M. Jones Survey, A-482, La Porte, Harris
County, Texas. The property, known as Fairwood Office Park, is located at
the northwest comer of Underwood Road and Fairmont Parkway.
Planned Unit Development (p.U.D.)
Office Building (See Exhibit A.)
The proposed site for the Fairwood Office Park is located at the northwest
comer of Underwood Road and Fairmont Parkway just south of Caniff
Road. The site is near a low-density residential development, an apartment
complex, a mixture of commercial uses, and an Industrial Park across
Fairmont Parkway.
On September 20, 2001, the Planning and Zoning Commission considered
approval of the Rezone Request #ROI-005. The request asked for the
rezoning from Neighborhood Commercial (NC) to Planned Unit
Development (PUD). After taking comments and questions, the
Commission recommended approval to the City Council.
At the October 22, 2001 meeting, City Council passed and approved
Ordinance 1501-SS, which authorized the P.U.D. zoning of the property. In
addition, the applicant recognized our current NC zoning uses would satisfy
most of his contemplated uses; however, some uses would require GC
zoning.
The applicant submitted a General Plan for a four phased project to build an
office park with a small retaiVshopping area. (See the General Plan.) Upon
submittal of the General Plan, the applicant was also required to obtain a
Special Conditional Use Permit (SCUP) for Phase I (2.8 acres). In
accordance with the Zoning ordinance, this SCUf is being processed'
simultaneously' with the Fairwood Office Park General Plan.
Fairwood Park, Phase I
SCUOI-004
November 29, 200 I
Page 2 of2
Analysis:
e
.
Section 106-217 of the Code of Ordinances establishes the following criteria
for review of development projects within a PUD zoning district:
· Compatibility of uses - Uses surrounding the property include an
apartment complex, a gas station, and a church. For Phase I, this SCUP
is limited to general office building uses and other office activities - no
warehousing, storage, installation, gambling, et~. See Exhibit A for a list
of approved uses.
· Conditions - Applicant is limited to developing the property with the
uses agreed upon in Exhibit A. There are no additional conditions for
the applicant to meet to obtain this SCUP.
Recommendation: Statfrecommends approval of the Special Conditional Use Permit for Phase
I (covering 2.8 acres) with the following conditions:
1. The permitted uses in Phase I are limited to those shown on Exhibit A.
2. The developer shall use the covenants and restrictions listed in Exhibit B.
Options available to the Commission are as follows:
· Approve the SCUP as filed.
· Approve the SCUP with specific conditions either recommended by staff
or amended by the Commission.
· Disapprove the SCUP.
If approved, a recommendation from the Commission on this SCUP will be
forwarded to City Council for Final consideration.
If approved by Council, the applicant shall be authorized to submit a Minor
Site Plan for Phase 1. For subsequent development, the applicant must
request a Special Conditional Use Permit for each phase of development (IT,
ill, and IV).