07-15-2004 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Special Conditional Use Permit"#SCU04-013 Planning and Zoning Commission August 19, 2004 Location of Pro osed Develo meat 1200 Block of McCabe Road Legal Description TRS 8, 8A, SF-1, 49A, & 9B; W. P. Harris Surve , A-30. A licant Robert Burchfield Present Zonin Planned Unit Develo meat UD Project Name Preserve at Taylor Bayou Acreage 28.43 acres, 77.5 acres (nature preserve) Surrounding Zoning North Planned Unit Development (PUD) East Low Density Residential (R-1) South Low Density Residential (R-1) West Planned Unit Develo ment UD Land Use Residential Activity Proposed Multi-Family Residential, Townhomes and Nature Preserve Summary: • The subject property is located at the southeast corner of McCabe Road at SH 146 near Taylor Bayou. • The said parcel of land consists of 28.43 acres (PUD) out of 107 acres tract located south of McCabe Road and the easterly right-of--way line of State Highway 146. • The previous submittal was for 418 apartment units and was denied by PBcZ and City Council. • The applicant is now proposing multi-family and townhome development in two phases. Corresponding densities now meet densities allowed by the strict compliance of Chapter 106. The Commission may vary from strict compliance within a PUD. • The cwrent proposal still intends to dedicate a 77.52(+/-) acre nature preserve. • The plan also shows two points of entrance/exit along McCabe Road. • The applicant has stated that funding for PUD portion of the said project is in place. The funding for the trails will be determined once a decision is made about who "owns" the Nature Preserve. • The Natwe Preserve concept requires more details including the layout, trail materials and structure, (e.g. decks, benches, etc.), estimated yearly maintenance costs and formal dedication instrument before considering City acceptance. Hams County has expressed an interest in the Preserve dedication. • Anew lift station is proposed near the east end of the property and McCabe Road in accordance with the City's sanitary sewer master plan for this area. Army Corps of Engineers has issued a preliminary opinion. • The Environmental Assessment and Traffic Impact Analysis studies have been completed for the said project. Recommendation: Based on the above analysis, staff believes that the current submittal has merit but needs further coordination in the areas of utility planning and Preserve dedication. We solicit the Commission's input while considering the following prel~in~ieary conditions: 1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The nature preserve "conservation easement" ownership and responsibility for its maintenance must be established. The City requirement for compensating open land will apply. The City must approve the conservancy dedication instrument. 3. The applicant/developer shall be responsible for the maintenance of the 77.52 Conservation Easement until transfer of ownership and/or responsibility. 4. The public shall have access to the conservation area using trails that are constructed and maintained by the applicant/developer. City intends to control the howl of operation. 5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 6. If approved, the design of the detention will be reviewed by staff to enswe consistency with ordinances and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control must be presented to the City. 7. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that traffic congestion does occw as a result of his project. 8. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund 8~8~301t' ~