HomeMy WebLinkAboutO-2005-1501-KKKK scup05-004
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ORDINANCE NO. 1501- Ie K~' K
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 A SPECIAL CONDITIONAL USE PERMIT FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: BEING :1:107 ACRE
TRACT OF LAND INCLUDING 31.96 ACRES IN THE 1200 BLOCK OF McCABE ROAD, AS
TRS 8, 8A, 5F, 5F-1, 49, 49A, & 9B, ALONG WITH 75,16 ACRES AS NATURE PRESERVE
IN THE W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS,
FOR THE PURPOSE OF DEVELOPING SINGLE-FAMILY, TOWN HOMES, MULTI-FAMILY
AND COMMERCIAUFLEX BLDGS., IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE;
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 Porte hereby finds, determines and
declares that heretofore, to-wit, on the 1ih day of March, 2005, 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 March 17,2005, 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 and workshop. The City
Council of the City of La Porte is in receipt of the written recommendations of the City of La
Porte Planning and Zoning Commission, by letter dated March 28, 2005, a true copy of which
ORDINANCE NO. 1501-
Page 2
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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 2Sth day of April, 200S, 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 hereby accepts the recommendations of the 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 zoning classification of said parcels of land shall hereafter be "PUO-
Planned Unit Development with a Special Conditional Use Permit", as set forth in 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 classified pursuant to said Special
Conditional Use Permit are as follows, to-wit:
A ::!::1 07 acre tract of land including 31.96 acres as TRS. 8, 8A, SF, SF-1, 49, 49A and 9B,
along McCabe Road and easterly right-of-way line of the State Highway 146, W. P. Harris Survey,
Abstract 30, La Porte, Harris County, Texas.
ORDINANCE NO. 1501-
Page 3
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"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~ day of April, 2005.
CITY OF LA PORTE ~
By: ~6... ~
ALTON PORTER, Mayor
I Y Attorney
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 1 06~ 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 17th day
of March, 2005, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU05-004,
requested for 107.19 acre tract of land located south of McCabe Road and the easterly right-of-way
line of State Highway 146; being TRS 8, 8A, 5F-I, 49A, & 9B of the W. p, Harris Survey, Abstract
30, La Porte, Harris County, Texas. The applicant, Robert Burchfield, of Burchfield Development,
L.P" seeks to develop single-family residential, town home units, multi-family, and flex buildings
(residential & commercial) on 29,78 acres in the Planned Unit Development (PUD) zoning district.
In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use Permit is
required for development in the PUD district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing, The
Commission will act upon the public hearing items and conduct other matters,
Citizens wishing to address the Commission pro or con during the public hearing are required to
sign in before the meeting is convened,
CITY OF LA PORTE
Martha Gillett
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
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 the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
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t~~~\r1l\j'0U' ~
~THESTATEOFTEXAS '
; = COUN'; OF HARRIS
: forJ CITY OF LA PORTE
r Ian ,
~c~ NOTICE OF PUBLIC
s;j "._ HEARI~ . : gular meeting of the
TR~ !; , ning and Zoning Com-
& ~ In .. . nee ~Ith the ion will follow the pub-
Sun prov .. of dion 106- earlng. The' Commis-' This lacllity has disabUit)
Pori 171 ce. of Ordl- will act upon Ihe pub- accommodations avai/a.
TexJ nance \ City. of La *Iring items and con- ble. Requests for accom.
Rob Po . nd .. ISlons of other matters. modations or interpretfv6
Bun; the Te lOc~. ovem- , services at meetings
L.P., men~ C , not s should be made 48 hours
91e-1 by gl~en, that . orte i!ns wishing. to' ad- priOr to the meeting.
hO~ Planning and ZonlOQ Com. s the Commission' pro Please contact the ell)
and, mission will conduct a pub- on during the publiC; Secretary's offICe at (281)
tial ,lie hearing at 6:00 P,M. on ing are required to 471.-5020 or TOO Une
29.711he 17~ day of Man;~, in before the meeting (281) 471.5030 for furthe'
Unit, 2005, In ~ Council nvaned. J information. ,
'1 Chambers of City Hall, 604 .
.. ., West Fairmont Parkway,
11I1\f U~lIM..-l. lit. a~lAJru"
:e with Section 106-216
1e Code of o.ces.
pecial Condit Use
nit is requlr r de-
pment In I~ PUO dis-
CITY OF LA PORTE
Martha Gillett
City SecretarY
A quorum 01 City Counci.
members may be presem
and participate in discus,
sipns during this meeting.
however. no action wfil be
taken by Council.
'~'.' .
City of La Porte
County of Harris
state of Texas
.
a Since 1947'
281-471-1234
Fax: 2~1-471-57G3
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 ~s
published in The ~ayshore Sun dated ()3/tJ,;J... oS
"
~
'- ~ .4r
. :O-lY~ a:t::tfi
SW~~, ~~d subscribed before me this
~ ' 2005.
4~1~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
. ., -ru
ler
day of
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City of La p(Q)]ftce
Established 1892
March 28, 2005
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
During the regular meeting on March 17,2005, the La Porte Planning and Zoning
Commission, held a public hearing to consider General Plan and Special Conditional Use
Permit #SCU05-004 for proposed project "Preserve at Taylor Bayou" to be located at the
southeast corner of State Highway 146 and McCabe Road. Mr, Robert Burchfield, Burchfield
Development, L.P., seeks to develop single-family residential, town homes, multi-family,
and flex buildings within the Planned Unit Development (PUD) zoning district.
,
The Planning and Zoning Commission, by unanimous vote, recommends approval of a General
Plan and Special Conditional Use Permit #SCU05-004, with the following 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 75.16
acre Nature Preserve/ Conservation Easement until transfer of ownership and/or
responsibility .
4. Provide an irrigation system to ensure that all landscaping and screening is
properly maintained by the owner/developer.
5. 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.
6, The developer shall contribute to traffic calming devices/tools (e.g, right turn
lane) to ensure that traffic congestion does not occur as a result of his project.
7, 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 mechanism" that establishes an
account for the sole purpose of maintenance to the project. This fund is for the
lifetime of the project.
604 W. Fairmont Pkwy. 0 La Porte, Texas 77571 0 (281) 471-5020 ~~rrnm~\Df (C
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8, The owner/applicant must construct a lift station and dedicate an easement to
the City at Taylor Bayou and McCabe for the lift station,
9, The owner/applicant must contribute 31.2% as proportionate cost for the
construction of a 24" trunk: main, the portion of the lift station to be built north of
the site, and the portion of the off-site lift station that needs to be upgraded to
handle both north and south developments,
10, The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the
project remains on the City's tax rolls,
12, A letter from Army Corps of Engineers for approval of the lift station must be
submitted prior to the building permit.
13. The proposed complex must provide an area designated for accommodation of
school buses, pick up/drop off sites as per LPISD's design standards,
14. Utility Plan must be approved by City Staff.
15, Proposed sidewalks must be annotated on the General Plan.
16. All utilities should be planned for underground routing,
17, The applicant must provide a covenant for maintenance of common areas,
18. The Developer shall comply with all other applicable laws and ordinances of
the City of La Porte and the State of Texas.
~d'
~t Muston
Planning and Zoning Commission, Chairperson
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
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THE 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 25th day of April, 2005, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, The purpose of this
hearing is to consider Special Conditional Use Permit #SCU05-004, requested for 107.19:t acre
tract of land located south of McCabe Road and the easterly right-of-way line of State Highway
146; being TRS 8, 8A, 5F-l, 49A, & 9B of the W. P. Harris Survey, Abstract 30, La Porte, Harris
County, Texas. The applicant, Robert Burchfield, of Burchfield Development, L.P" seeks to
develop single-family residential, town home units, multi-family, and flex buildings (residential &
commercial) on 31,96 acres in the Planned Unit Development (PUD) zoning district, In accordance
with Section 106-216 of the Code of Ordinances, a Special Conditional Use Permit is required for
development in the PUD district.
A regular meeting of the City Council will follow the public hearing, The Council will act upon the
public hearing items and conduct other matters.
Citizens wishing to address the Council pro or con during the public hearing are required to sign in
before the meeting is convened,
CITY OF LA PORTE
Martha Gillett, TRMC
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 the City Secretary's office at (28/) 47/-
5020 or TDD Line (28/) 47/-5030for further information.
~~~m~\ITl 1))
: THE Sl'Rf1:OF'TEXAS
, '
e
,e
I COUNTY OF HARRIS
: CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
...... .
In accordance with the
provisions of Section 106-
171 of the Code of OrdI-
nances of the City of La ~
Porte and the 'provisions of
the Texas loc8J Govern- ~
ment Code, notice Is here-
, by given thBtlhe La Porte
, City Council will conduCt a .-
pubflC hearing at 6:00 P.M.
on the 25th day of APrlt,
2OOS, In nell
I Chambers
West F'
La Port
pose of th'
consider S i
'lional . Use, ' Permit:', Porte
I' ISCU05-0D4, reqUested ' . '"
,for 107.19(acre tract of; Harr~o>
i land, located ,south of;: e x a s
I McCabe Road "and the;
, easterly right-of-way line 0' ,
; Stale Highway 146; being)
, TRS 8, 8A, SF-1, 49A. & J the undersigned authority, on this date
I 9BoflheW.P.HarrisSur.1f ppeared Karolyn Kellogg, a duly authorized
, vey, Abstract 30, La Porte, t. f 'rh B h S . kl
: Harris Counly, Texas. The " ~ ve 0 e ays ore un, a sem~-wee y
I applicant. Robert Burch-. published and generally distributed in the
field, 0' Burchfield Devel-La Porte, Harris County, Texas and who after
opment, LP., seeks to de-1 th tt h d t .
velopslngle-family res!- y sworn, swears e a ac e no ~ce was
i dential. town home units,j in The Bayshore Sun dated 0 tJ. //0 Ie,s-
, multi-family, and flex build- ,
i Ings (residential & com-
mercial) on 31.96 acres in " ,
the Planned Unit Develop- i#
: ment (PUD) zoning dlstrlcL ~
' In accordance with Section
. 101J.~~~ "'... Code 0""- aJ. . -; - (;) -1
~Olyn Kellog . cr
Ba'" it re Sun
,~ '~
f \~ '.'>
'. ,~:,,::~: ..{~;1~~~~~':.i;r\~t~;ljj';}~:',~?~>,'~
'Servillg The iJaysji7J~(jPJ.fr-C:{l Since 1947'
281-471-1234
Fax: 2~1-471-S7G3
.feel
i 77571
SW~d subscribed before me this / ~ 7# day of
, 2005.
/x~.1. L {)"''"'---
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
5.
~%fr1mL83)Pr 1; .
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City of La Porte
Special Conditional Use Permit # SCU 05-004
This permit is issued to:
Robert Burchfield
Owner or Agent
2123 W. Governor's Circle #400 Houston. TX 77092
Address
For Development of:
The Preserve at Tavlor Bavou
Development Name
1200 Block of McCabe Rd. ~ SH 146. La Porte. TX
Address
Legal Description:
31.96 acre tract out of 107 acre tract of land. W,P. Harris Survey
Abstract-3D. La Porte. Harris County. Texas
Zoning:
Planned Unit Develooment (PUm & NC
Use:
Sinale-familv. multi-familv residential (aoartments),Townhomes.
Commercial/Flex Buildirias & Nature Preserve,
Permit 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 75.16 acre Nature
Preserve/ Conservation Easement until transfer of ownership and/or responsibility.
4. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
5, 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.
6, The developer shall contribute to traffic ~alming devices/tools (e.g. right turn lane) to
ensure that traffic congestion does not occur as a result of his project,
7, 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 mechanism" that establishes an account for the sole purpose
of maintenance to the project. This fund is for the lifetime of the project.
8, The owner/applicant must construct a lift station and dedicate an easement to the City at
Taylor Bayou and McCabe for the lift station.
9. The owner/applicant must contribute 31,2% as proportionate cost for the construction of a 24"
trunk main, the portion of the lift station to be built north of the site, and the portion of the off-
site lift station that needs to be upgraded to handle both north and south developments,
10. The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the project remains
on the City's tax rolls.
12. A letter from Army Corps of Engineers for approval of the lift station must be submitted
prior to the building permit.
"""\;,iiLf1!7r6'i~? ~
"';~.J-\lnWll:?j!J u J.tJ
13,
The proposed co. lex must provide an area designated f.ccommodation of school
buses, pick up/drop off sites as per LPISD's design standards.
Utility Plan must be approved by City Staff.
Proposed sidewalks must be annotated on the General Plan,
All utilities should be planned for underground routing.
The applicant must provide a covenant for maintenance of common areas,
The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
14,
15.
16.
17,
18,
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional 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.
~atI:l~4ftf
City Secretary
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Staff Report
March 17, 2005
Preserve at Taylor Bayou
General Plan &
Special Conditional Use Permit #SCU05-004
Request:
Requested Bv:
Requested For:
Present Zonine::
Requested Use:
Baclmround:
Approval of General Plan for 107,19 acre tract and Special Conditional Use
Permit.
Mr. Robert Burchfield, Burchfield Development, L.P.
A 107.19-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas, This property is further described as being located in the
1200 Block of McCabe Road.
Planned Unit Development (PUD)
Single-Family, Multi-Family
Commercial/Flex Bldgs.
Residential,
Townhomes,
and
This property is located at the southeast corner of SH 146 and McCabe
Road. It is bounded on the east by Shady River Subdivision and on the south
by Shoreacres, Several years ago, the Commission and Council approved a
General Plan and Special Conditional Use Permit for this location. In 2001, a
one year extension was granted; however, no construction occurred and the
permit expired in November 2002.
The applicant submitted a new General Plan and applied for a Special
Conditional Use Permit. During the Commission's April 17, 2003 meeting,
Mr, Burchfield presented his proposed General Plan. During the
presentation, Mr, Burchfield provided the layout of 400+ units situated on
28 acres. The proposed development included a 4-acre detention pond/water
feature surrounded by jogging trails, and play areas.
The Commission recommended denial of the application based upon issues
including excessive density of 418 units, lack of information concerning the
Preserve, financing and outstanding Army Corps of Engineer
documentation. Chapter 106, Code of Ordinances, allows a maximum cap
of 180 units within apartment complexes, City Council disapproved the
request on April 26, 2004,
The developer filed a new General Plan and Special Conditional Use Permit
#SCU04-013. The Planning and Zoning Commission held a public hearing
to receive citizen input on the new concept which include the followings:
. 180 Multi-Family units and 150 Townhome units on 28.43 acres
. 1 lot, Neighborhood Commercial on 1.35 acres
. 1 lot, Private Park on 2.25 acres
. 1 lot, Nature Preserve on 75.16 acres.
. The apartment density is 13.85 units per acre (14 allowed).
. The townhome density is 9.72 per acre (10 allowed per Chapter 106).
Preserve at Taylor Bayou
March 17, 2005
Page 2 of5
Analvsis:
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The Commission recommended approval of the above General Plan and
Special Conditional Use Permit. City Council, at the October 11, 2004
meeting, approved the General Plan and Special Conditional Use Permit
#SCU04-013,
Now, the developer has submitted an amended General Plan with a new
concept. The features of the plan are as follows:
. Single-Family Residential- 20 lots, 4,17 acres (4.8 du/a allowed)
. Single-Family (Patio Homes) -76 lots, 12,67 acres (6 lots/acre allowed)
. Townhomes - 12 units, 1.20 acre (10 units/acre allowed)
. Multi-Family - 180 units, 12.86 acres (14 units/acre allowed)
. CommerciallFlex Bldgs. - 4 (zoned Neighborhood Commercial)
Development in a PUD zoning district requires that a General Plan (for the
entire proposed project) and a Special Conditional Use Permit (SCUP) be
submitted and processed simultaneously, Upon approval of the General Plan
and SCUP by City Council, the applicant would be authorized to proceed
with the platting and development plans for the site.
Section 106-659 of the Code of Ordinances establishes the following
criteria for review of development projects within a PUD zoning district:
. Uses - Review of the City's Land Use Plan indicates this 107-acre
area was envisioned as developing as low density residential with a
small corner for commercial uses, However, this proposed
development is not considered to be low-density residential. In
addition, Mr, Burchfield stated that the 75.16 acre Conservation
Easement would serve as a buffer between their proposed development
and surrounding properties.
. Streets - The proposed development is located at the corner of SH 146
and McCabe Road The developer is proposing two points of
entrance/exit off McCabe Road. These common access drives serve an
entire development and Nature Preserve, Further coordination with
TXDOT for future plans for S,H, 146 is needed. The possible addition
of turn lanes on McCabe road should also be considered.
Traffic Analvsis: The applicant has submitted a traffic analysis study
report, The report previously had taken into account an entire
development for a build-out in 2007, It also included the Commercial
Strip Center and Nature Preserve as an estimate with no other detail of
their nature.
Preserve at Taylor Bayou
March 17, 2005
Page 3 of5
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The study mentions the future TxDOT Highway 146 improvements,
but concludes no impact on the study or development. The study gives
a cursory mention of other developments but generalizes a 5% annual
growth and takes that factor into the estimates for the survey. That
rate is average for the HGAC region although local estimates can be
much higher, The growth, according to the study, will not have a
significant impact on the development or the traffic flow in relation to
level-of-service ratings because of the limited access between McCabe
Road and SH 146 now and in the future.
With Level-Of-Service (LOS) A being the best, LOS D being
acceptable and LOS F being severely congested service, the study cites
that the development, given the parameters stated above, will rate no
worse than LOS B and concludes no adverse impact for this
development.
. Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development. The site for this development does,
however, split Flood Zone X to the west and a Flood Zone AE to the
East.
. Density - Staff utilized the Land Use Plan as a guide with the designated
land use as Low Density Residential, In previous conversations, the
applicant stated that due to changes in legislation, he received
notification from the Army Corps of Engineers that more acreage of this
project could be developed. There are 20 single-family lots proposed
for 4,17 acres with a development ratio of 4.8 units per acre. Single-
family Patio Homes with 76 lots on 12.67 acres equal to 6 lots per acre,
Twelve townhomes on 1,20 acre come out to be 10 units per acre, 180-
unit multi-family residential development yields 12,86 acres with a
density allowed by ordinance 14 units per acre (Section 106-333),
. Utilities - There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
extensions are made to serve this development. Sanitary sewer service is
not readily available to this site, and must be coordinated with the
development to the north,
The City prepared a long-term sanitary sewer master plan for providing
sewer service to areas of southeast La Porte. The master plan calls for the
elimination of a lift station # 12 and new lift station to be constructed near
the corner of intersection of A 104 and McCabe Road, Utility plans must
be coordinated with the City Staff.
The project engineer expressed his intension on taking the sanitary sewer
flow north through the Lakes at Fairmont Greens, a proposed subdivision
Preserve at Taylor Bayou
March 17,2005
Page 4 of 5
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off SH 146. Based upon the preliminary studies, the Preserve at Taylor
Bayou, if hooked up to the new 24" trunk main going north for sanitary
sewer would represent 31.2% of the total anticipated capacity.
Coordination and contribution shall be required for the system upgrade
to handle both developments with each developer being expect to share
the prorated cost of construction.
. Drainage - This property lies within the Taylor Bayou Watershed, The
City has a master drainage plan for the Taylor Bayou Watershed that was
performed by the Civil Tech, The plan calls for regional detention for
this area. Efforts should be made to work with the developer north of
McCabe Road towards the implementation of this master drainage plan.
The channel improvements to Taylor Bayou are not designed to directly
receive storm water runoff from this project. The General Plan,
therefore, shows that storm water will be detained using a basin system
in each phase to regulate run-off. Outfalls have to be determined and
coordinated with the Army Corps of Engineers and the Harris County
Flood Control District. The copies of the permits must be presented to
the City.
. Nature Preserve -The applicant is willing, and the Army Corps of
Engineer permit states that the dedication of approximately 75,16 acre
nature preserve is to be made to the County/City, The issues are being
worked towards resol~tion, The City of La Porte remains a party to
facilitating any dedication to Harris County or other agency, These
issues may be coordinated and approved in a separate dedication
instrument.
. New Multi-Family Regulations - At the present time, changes from
the previous submittal make this General Plan conform to the
regulations. In addition, the total development is located within Planned
Unit Development (PUD)Zone,
. Army Corps of Engineer Issues:
~ US Army Corps of Engineers (USACE) issued a permit on Feb
14,2000, to fill 9.6 acres of wetlands to construct an apartment
complex, This area must be shown on the plan,
~ According the applicant, this Individual Permit(IP) is valid
until December, 2005,
~ This permit is for a single and complete project that would
include all minor deviations mandated by the City.
~ USACE agreed with NAI environmental assessment that if the
lift station is moved slightly west. The applicant's Engineer,
David Sepulveda, is working on with the City Engineering staff,
Preserve at Taylor Bayou
March 17,2005
Page 5 of5
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Based on the above analysis, staff believes that the current submittal has merit, and recommends
approval of the SCUP and GP, Staff will continue further coordination in the areas of utility
planning and Preserve dedication. We solicit the Commission's input while considering the
following conditions:
1. An overall density of the multi-family (apartments) and town homes 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 75.16 acres
Nature Preserve/ Conservation Easement until transfer of ownership or responsibility,
4. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer, .
5. 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.
6, The developer shall contribute to traffic calming devices/tools (e,g. right turn lane) to
ensure that traffic congestion does not occur as a result of his project.
7. The proposed complex must provide an area designated for accommodation of school
buses, pick up/drop off sites as per LPISD's design standards,
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 mechanism" that establishes an account for the sole
purpose of maintenance to the project. This fund is for the lifetime of the project.
9. The owner/applicant must construct a lift station and dedicate an easement to the City
at Taylor Bayou and McCabe for the lift station.
10. The owner/applicant must contribute 31.2%their portions of the lift station to be built
north of the site and the portion of the off-site lift station that needs to be upgraded to
handle both north and south developments,
11. The applicant must provide proof of funding allocation.
12. The applicant must provide a covenant that the multi-family portion of the project
remains on the City's tax rolls.
13, A letter from Army Corps of Engineers for approval of the lift station must be
submitted prior to the building permit.
14, Utility Plan must be approved by City Staff.
15. Proposed sidewalks must be annotated on the General Plan,
16. All utilities should be planned for underground routing.
17. The applicant must provide a covenant for maintenance of common areas.
18. The Developer shall comply with all other applicable laws and ordinances of the City
of La Porte and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP#05-004.
. Recommend to Council approval of this SCUP with additional conditions,
. Recommend to Council denial of this SCUp, OR Continue discussion at the Commission's
next meeting to allow further study of item:, This results in tabling any action on this item,
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PRESERVE AT TAYLOR BAYOU
GENERAL PLAN
BEING" 107,12 ACRE lRACT Of lAND OUT OF THE W.P, HARRIS
SURVEY. ABSlRACT NO. A-3O. HARRIS COUNTY. TEXf<S.
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14 BLOCKS, 10 RESERIlES
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I.AIIIl USAGE; DENSITY IIEQlIRfJIENTS
AWlWAIll.E
1SAGE: NO. DENSITY
F.....LY .0 4. 0
''''''1 78 LOTS 8 LOTS/ACRE
NI 1 UNI AC~
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LOCATION MAP
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KEY MAP 1580-P
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2123
GRAPHIC SCALE
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7066
BURCHFlElD DE\lELOPMENT, LP,
~ST GOVERNOR'S ORaL, SUITE 400
HOUSTON, TX '77099
(713) 956-0555
PETTY " "SSOQA TES
lAKEVlEW HA \/EN DR. SUITE
HOUSTON, TX 77095
(281) 345-4440
19
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= PROPOSED DEVELOPMENT
= POTENnAL PRESE~VE',.\ : : n;~ \ Y 7.)
......~ .., _l
..
m!UEST FOR CITY COUNCIL aENDA ITEM
Agenda Date Requested: April 25. 2005
Requested By: Wayne J.~
/
Department: Planninl!
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Ordinance
Staff Report to P&Z
Area Map
General Plan
Amount Requested:
Budgeted Items:
N/A
YES NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its March 17,2005, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU05-004. The request, submitted by Mr. Robert
Burchfield, seeks approval of a General Plan and a Special Conditional Use Permit (SCUP). The General Plan is for
the entire :1:107 acre tract and the SCUP is for single-family residential, multi-family, town home, and
commercial/flex development consisting of 31.96 acres to be known as the Preserve at Taylor Bayou. The property
is located at the southeast comer of the State Highway 146 in the 1200 block of McCabe Road.
Several years ago, the Commission and Council approved a General Plan and SCUP for this location. A I-year
extension was granted in year 200 I, however, no construction occurred and the permit expired in 2002. Later, the
applicant submitted an application for SCUP and General Plan, which was presented to the Planning and Zoning
Commission at their April 17,2003 meeting. The General Plan demonstrated that 75.16 acres out of 107 acres would
be preserved in perpetuity as a Conservation Easement based on a permit received from the US Army Corps of
Engineers. The remaining developable acreage showed 28.5 acres proposed as high-density residential with 400+
units in the PUD zone. Since the ordinance allows a maximum cap of 180 units, the Commission and City Council
disapproved it. Subsequently, the developer submitted a General Plan and Special Conditional Use Permit #SCU04-
013 for 180 multi-family units and 150 town homes on 28.43 acres. City Council, at the October 11,2004, meeting
approved the General Plan and Special Conditional Use Permit.
This is a new proposal which includes single-family residential (20 lots), single-family patio homes (76 lots), town
homes (12 units), multi-family (180 apartment units) and flex bldgs. (4 commercial/residential) on approx. 32 acres
as a master planned community. Corresponding densities meet the minimum requirement of the ordinances,
although a PUD Zone, by design, allows variances and flexibility to the overall design. There will be two common
access drives along McCabe Road serving the complex, commercial tract, and nature preserve. On-site parking is
also provided for the visitors of the nature preserve. Water is readily available to the property. However, it is
anticipated that sanitary sewer for proposed development will be hooked up to a new 24" trunk main going north to
the adjacent proposed development of "Lakes at Fairmont Greens". In addition, coordination and contribution shall
be required for the system upgrade to handle both developments with each developer being expected to share the
prorated cost of construction.
The Planning and Zoning Commission has voted unanimously that City Council consider approval ofa General Plan
and Special Conditional Use Permit #SCU05-004 with the conditions listed in the SCUP.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for :I: 107 acres of land located at the southeast
comer of McCabe Road and SH 146. The applicant, Mr. Robert Burchfield, seeks approval of General Plan and
SCUP for single-family, multi-family, town homes, and commercial/flex buildings in PUD zone.
A~3".i1Ai; ~
Debra B. Feazelle, City Q.nage~
{~;;l1J ~ tJ 5
Date