08-19-2004 Regular Meeting, Public Hearing, and Workshop Meeting of the La Porte Planning and Zoning Commission

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Special Conditional Use Permi&U04-013 • Planning and Zoning Commission September 16, 2004 - Location of Pro osed Development 1200 Block of McCabe -Road - Legal Description TRS 8, - 8A, 5F-1, 49A, & 9B; W. P. Harris Survey,A-30. Applicant Robert Burchfield Present ZoningPlanned Unit Development '(PUD) 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 Development (PUD Land Use Residential r Activity Proposed Multi -Family, .. Residential, : Townhomes and Nature Preserve .. Summary: • The subject property is located at the southeast comer 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 apartmentunits and was denied .by P&Z 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 -current proposal still intends to dedicate a 77.52(+/-) acre nature preserve:: • _ :Tlie 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 trails will be determined once a decision is made about who "owns" the NaturePreserve: . - - , � =. ;,:��•. ;..The Nature -Preserve concept -requires more details including the.layout, trail_materials^and stricture, (e,g. l:; Y decks, benches, etc.), estimated yearly maintenance costs and ':fornial dedtcahon•'dnsti'ument before ' > _ constdering City acceptance. Harris County has expressed an inferest'in the`Preserve dedication. A new.lift•station :is proposed near .the east. end,of the. proper y and McCabe Road in accordance with the. R City's sanitary sewer master plan for this area. Army Corps of Engineers has -issued a•prelunmary opinion. : 4- .The Environmental Assessment. and Traffic Impact Analysis studies have been completed for, the said project.:'. : Recommendation: Based on the above analysis,.staffbelieves that the current submittal has merit. We recommend approval of the Special - Conditional Use permit and General Plan. Staff will conduct further coordination in the area of utility planning and the preserve dedication. In addition, we solicit the Commission's input while considering the following preliminary 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 hours 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 ensure 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 occur.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