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HomeMy WebLinkAboutO-2004-1501-BBBB scup 04-013 RE~EST FOR CITY COUNCIL AENDA ITEM Agenda Date Requested: October 11.2004 wP Requested By: Wayne J. Sabo Appropriation Department: Plannine: Account Number: N/A N/A Source of Funds: Report: -LResolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: .ordinance Staff Report to P&Z Area Map Zoning Map General Plan Amount Requested: N/A Budgeted Items: YES NO SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its August 19, 2004, meeting, held a workshop and public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU04-013, 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 :t107 acre tract and the SCUP is for 180 multi-family units and ISO town home units development consisting of 28.43 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, A detailed analysis of this project as originally presented was provided to the Planning and Zoning Commission. Several years ago, the Commission and Council approved a General Plan and SCUP for this location. A I-year extension was granted in year 2001, 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 77.5 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. Recently, the Commission and City Council adopted new multi-family development regulations. The regulations established a 180-unit maximum limit with a density of 14 units/acre. P&Z recommended denial of SCU #04-003 based upon issues including excessive density of 418 units and lack of information concerning the Nature Preserve and financing. City Council also denied the request on April 26, 2004, This is a new proposal, which includes 180 apartment units and 150 townhomes on 28.43 acres. One lot is reserved for private park on 2.25 acres and 1 lot dedicated as Nature Preserve on 75.16 acres, The apartment density is 13.85 units per acre (allowed is 14 dula). The townhome density is 9,72 units per acre (allowed is 10 dula) , Corresponding densities now meet the minimum requirement of the ordinances, although a PUD, by design, allows variances and flexibility, After a public hearing on August 19, 2004 meeting, the Planning and Zoning Commission made recommendations during the next regular meeting on September 16, 2004. P&Z has voted unanimously that City Council consider approval of a General Plan and Special Conditional Use Permit #SCU 04-013 with the conditions listed in the SCUP (See attached). Action Required bv Council: 1. Conduct public hearing, 2, Consider taking action on recommendation for approval by P&Z for:t 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 180 multi-family units and 150 town home units development in PUD zone. A~~~;k~ Debra B. Feazelle, City Ma ger / lJ-h -(J t Date e e ORDINANCE NO. 1501- B13B13 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 28.43 ACRES IN THE 1200 BLOCK OF McCABE ROAD, AS TRS 8, 8A, 5F-1, 49A, & 9B, ALONG WITH 77 ACRES AS NATURE PRESERVE IN THE W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING 180 MULTI-FAMILY (APARTMENTS) AND 150 TOWN HOME UNITS 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 19th day of August, 2004, 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 and workshop on August 19, 2004, 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. A recommendation from the Planning and Zoning Commission was made during the next regular meeting on September 16, 2004, The City Council of the City of La Porte is in receipt of ORDINANCE NO. 1501- 6116 Page 2 e the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated September 17,2004, 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 11th day of October, 2004, 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 "D", 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 from General Commercial to General Commercial wI 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 :t1 07 acre tract of land including 28,43 acres as TRS, 8, 8A, 5F-1, 49A and 98, 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- 66' Page 3 e "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 atter its passage and approval. Passed and approved this the day of October, 2004. CITY OF )f PORT~ BY:~~ ALTON PORTER, Mayor e e 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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of August, 2004, 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 #SCU04-013, requested for 107.19 acre tract ofland located south of McCabe Road and the easterly right-of-way line of State Highway 146; being TRS 8, 8A, SF-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 180 multi-family and 150 town home units on 28.43 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 (28/) 471- 5020 or TDD Line (281) 47/-5030 for further information. ~H~Brr A A quorum of City Council >efore me this cJ< :3 ~ 0 day of ~ members may be present and participate ,'n dlsc,us- ~ i d sions during th,s meeting. /c:; I ~ however. no action will be taken by Council. ' Sandra E. Bum~arner ~ Notary Public Harris County, Texas THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING A~ular meeting of the a ing nd Zoning Com- ~ ' n ill follow the pu.b- Iic a, g. T~e mmls- si iI act upon pub- Ii a 'n~ite a con- ..! ,. duct 0 e, ,s.' Citizens '. 's Ing to ad- dress the mmlssion pro or con during the public hearing are required to sign in before the meeting Is convened. CITY OF LA PORTE Martha Gl/Iett City Secretary S\t" This facility has disabilitY accommodations availa- ble, Requests for accom- modations or interpretive services at meetings should be made 48 ho.urs prior to the meeting, Please contact the City Secretary's office at (281) 471-5020 or TDD Une (281) 471-5030 for further information. - '.e . trccl 77571 'Se0-'ing The Baj'slzore Area Since 1947' -' ~ fMJk~t~ Karolyn Kellogg , ~ / Authorized Representative 281.471.1234 Fax: 281.471.5763 ,200Lf- riHIBll ~ e e City of La Porte Established 1892 September 17, 2004 Honorable Mayor Alton Porter and City Council City of La Porte Dear Mayor Porter: The La Porte Planning and Zoning Commission held a public hearing on Special Conditional Use Permit #SCU 04-013 on August 19,2004. The applicant, Robert Burchfield, Burchfield Development, L.P., seeks approval of proposed Preserve at Taylor Bayou to be located at the southeast corner of State Highway 146 and McCabe Road, During the September 16, 2004 meeting, the Planning and Zoning Commission unanimously voted to recommend that City Council consider approval of General Plan and Special Conditional Use Permit #SCU 04-013, with 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 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 not occur as a result of his project. 8. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 '~lli~~1lT C 9. The applic&ust secure a maintenance bond, acc.g 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. 10. The owner/applicant must construct a lift station and dedicate an easement to the City at Taylor Bayou and McCabe for the City's future regional lift station. 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 General Plan must be updated to comply with the City of La Porte's General Plan Checklist. 19. The developer must submit a preliminary plat, final plat, and major development site plan for approval by the City. 20. The developer must submit an architectural plan for approval by the City. 21. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Respectfully Submitted, 'D~ t?~ Dottie Kaminski Planning and Zoning Commission, Vice 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 e e 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 11th day of October, 2004, 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 #SCU04-013, 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-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 180 multi-family (apartments) and 150 town home units on 28.43 acres in the Planned Unit Development (PUD) zoning district. A Nature Preserve is proposed on 77.5 acres and 1.35 acres is reserved for Neighborhood Commercial (NC). 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 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, ~\HIiBIT D PUBLIC NOTICES - THE STATE OF TEXAS coumv OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING e '. ue 281.471.1234 Fax: 281.471.5763 In accordance with the provisions of Section 106- ' 11:. 171 of the Code of Ordi- : ~ nances of the City of La I Porte and the provisions of r , the :I8Qs Local Govem- ~t Coae, lice is here- _ tJY:,9iveflt the La Porte City Co will conduct a public h ar g at 6:00 P.M. , on the 1 day of 0cto- ber. 20 ,in the COuncil Chambers' f~i ~ID. 604 West Fairlrte f5'~lilkwa La Porte, Te :..'e r- pose of this paj, IS t? consider Sp~1 Condi- tional Use Permit tlSCU04-013, requested I for 107.19 acre tfact of 'ersigned authority, on this date land located south of j 1< I K II d h' d (McCabe Road and the aro yn e ogg, a uly aut onze r. easterfy right-of-way IIn~ of le Bayshore Sun, a semi-weekly State Highway 146; being d d . II d' 'b d' h r TRS 8; 8A, 5F-1, 49A, & ~ an genera y Istn ute In t e ( 9B of the W. P. Harris Sur- lrr s County Texas and who vey Abstract 30, La Porte, . , . , C HarriSCoun1y, T~. The )rrl, swears the attached notice was r. applicant, Robert BUrch"lyc'-hore Sun dated 09 /.;;~/o tJ.. 1" field of Burchfield Oevel- .:> . op~nt. LP., seeks to de- velop' 180 multi-family (apartments) and 150 town home units on 28.43 aaes in the Planned Unit Devel- opment (PUD) zOl'!ing dis- trict. A Nature Preserve is proposed on n,5 acres and 1,35 acres is reserved for Neighborhood Com- mercial (NC). In accord- ance with SectIon 106-216 of the Code of Ordinances, a Special Conditional Use Permit is required for de- . "--In... PUD dIa- ~ S~ trlct. ~c.' before me this ' ~ 3 ~ 0 day of . A regular meeting of the k I ~ City Council will follow the ~L.- /6. I~~~ public hearing. The Cou,:," ":0 cil w!ll act upon the public Sandra E. Bumgarner heann9 items and condUct other matters, Notary Public Harris County, Texas h ~ trcct as 77571 'Se~J.'i/Zg The Bayshore Area Since 1947' -' ~dJ~4J!}/ Karolyn Kellogg , Authorized Representative , 200 If r;xHIB1T' E "Draft" e e City of La Porte Special Conditional Use Permit # SCU 04-013 This permit is issued to: Robert Burchfield Owner or Agent 2123 W. Governor's Circle #400 Houston. TX 77092 Address For Development of: Preserve at Tavlor Bavou (Multi-familv & Townhomes) Development Name 1200 Block of McCabe Rd, @ SH 146. La Porte, TX Address Legal Description: 28.43 acre tract out of 107 acre tract of land. W.P. Harris Survey Abstract-30. La Porte. Harris County. Texas Zoning: Planned Unit Develooment (PUDl Use: Multi-familv residential (aoartments).Townhomes. Nature Preserve and Neiahborhood commercial 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 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 not 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 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 City's future regional lift station. 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. ~H'B"' It' 14. 15, 16. 17. 18, 19. 20. 21. Utility Plan must !pproved by City Staff. e 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 General Plan must be updated to comply with the City of La Porte's General Plan Checklist. The developer must submit a preliminary plat, final plat, and major development site plan for approval by the City. The developer must submit an architectural plan for approval by the City. 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 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. I n Validation Date:~ ~ ~ltJ City ~etary . ~ Staff Report September 16,2004 Preserve at Taylor Bayou General Plan & Special Conditional Use Permit #SCU 04-013 Request: Requested Bv: Requested For: Present Zonin~: Requested Use: Back2round: 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) Multi-Family Residential, Townhomes, Neighborhood Commercial and Preserve. This property is located at the southeast comer 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 (SCUP) 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 General Plan and applied for a SCUP in December 2002. 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. On March 16, 2004, the City notified the applicant of unresolved issues concerning the details of the dedication of the Preserve, drainage, sanitary sewer, Army Corps of Engineer requirements and financing. The issue was again heard on March 24, 2004, with SCU #04-003 for a multi-family complex. P&Z 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 denied the request on April 26, 2004. The developer filed an application for new General Plan and Special Conditional Use Permit #SCU04-013. The Planning and Zoning Commission held a public hearing on August 19, 2004, to receive citizen input on the new concept and reserved their recommendations till next meeting. Preserve at Taylor Bayou September 16, 2004 Page 2 of7 Analysis: e e The Staff analysis for this project uses Chapter 106, Zoning Ordinance guidelines for comparing standards. The Commission is reminded that in a PUD, it may vary from strict terms of the Code of Ordinances. The current application submits a General Plan for: . 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 . 110t, Nature Preserve on 75.16 acres. . The apartment density is 13.85 units per acre (14 allowed Per Chapter 106), . The townhome density is 9.72 per acre (10 allowed per Chapter 106). Development in a PUD zoning district requires that a General Plan (for the entire proposed project) arid 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 comer for commercial uses. However, this proposed development is not considered to be low-density residential. In addition, Mr. Burchfield stated that the 77.5 acre Conservation Easement would serve as a buffer between their proposed development and surrounding properties. . Streets - The proposed development is located at the comer of SH 146 and McCabe Road The developer is proposing two points of entrance/exit off McCabe Road. The General plan needs to delineate internal streets. 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 Analysis: The applicant has submitted a traffic analysis study report. The report previously had taken into account a full development of 418 apartments 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. The current General Plan depicts less density. Preserve at Taylor Bayou September 16, 2004 Page 3 of7 e e The sampling was 11 hours (0700-1800 hours) on January 22, 2004, and accounts for McCabe Road from the East and West, and Northbound SH 146 mainlane. This sample is relatively light since it appears to have been conducted only once. Most surveys take multiple days (at least two). 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 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, Applying a development ratio of 4.8 units per acre (Section 106-333), Mr. Burchfield and Mr. Dutko feel the property could yield approximately 616 single-family units. This information has not been verified. The applicant feels strongly about the Preserve portion of the development, therefore, this current plan designates only 28,43 acres to be developed as a 180-unit multi-family residential development and a ISO-unit townhome development. Applying a density allowed by ordinance of 14 and 10 units per acre (respectively), this yields 12,86 acres for apartments and 15 acres for townhome units. Using the strict guidelines of Chapter 106, tllere is sufficient acreage to support tile General Plan. Tile townllome portion of tile Plan, 1I0wever, would be designed witll a configuration of no more t/,an tllree attac/led dwelling units constructed in a series or group of attaclled units wit/I property lines separating sucll units. Any other design will classify the townhome portion as a multi-family residential development and, Preserve at Taylor Bayou September] 6, 2004 Page 4 of7 e e therefore under normal circumstances, invoke the WOO-foot rule between the two developments. . 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. There is a sewer force main located along thf: south line of this property that transports sewer to the Gulf Coast Waste Disposal Authority plant. The City prepared a long-term sanitary sewer master plan for providing sewer service to areas of southeast La Porte (copy attached). The master plan calls for the elimination of a lift station # 12 and new lift station to be constJUcted near the comer of intersection of Al 04 and McCabe Road. Utility plans must be coordinated with City Staff, This development will not be allowed to connect to City of La Porte Lift Station #I: 40. The projf:ct engineer expressed his intension on taking the sanitary sewer flow north through the Lakes at Fairmont Greens, a proposed subdivision off SH 146. But, there is no timeline set for this development to cornmenc:e. In the event the Preserve at Taylor Bayou proceeds, there is a plan to construct a lift station at the southwest comer of Taylor Bayou and McCabe Road, running a force main along McCabe Road to an existing 12" sanitary sewer. However, capacity of the 12" sanitary sewer line will need to be verified to accept 0.4 MGD peak daily flow form this project eventually to LS40, The above study indicated that LS40 has the capacity to accept the expected flows from an ultimate development condition of the area. . Drainag~: - 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 Last year. 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 County Flood Control. 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 77,5 acre e e Preserve at Taylor Bayou September 16, 2004 Page 5 of7 nature preserve is to be made to the City. While the issues are being worked towards resolution, several questions remain. While tire City maintains an interest, a concept of dedicating ttTlre Preserve" to tire City of La Porte must be considered in light of tire City's Parks Master Plan 2002. The concept needs to be presented in more detail, including tire layout, clearing of tallow trees and other brush, trail materials used, other structures being built (e.g. decks, benches etc., if any), estimated yearly maintenance costs and possible control of hours of operation to see if the acquisition is in line with the City's projected budget. Tire City would also require a detailed, formal dedication instrument including all Army Corps mandates to review before considering final acceptance of tire concept. 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 the dedication instrument. Last month, the applicant visited with Oliver Spellman, Parks Director for the Harris County. The County was interested in the "gift" idea but concern is that it would be repetitious to the Armand Bayou Education Center. In the event County is not interested, it is anticipated that the "Preserve" will be set up with another conservator agency, e.g. Legacy Trust, . New Multi-Family' Regulations - At the present time, changes from the previous submittal make this General Plan conform to the regulations. . 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, along with the force main, on the north end, and a slight alteration of the force main on the south end to miss wetlands, then no alteration of the permit would be required. The applicant's Engineer, David Sepulveda, is working on with the City engineering staff. 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 preliminary conditions: e e Preserve at Taylor Bayou September 16, 2004 Page 6 of7 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 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 not occur as a result of his project. 8. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 9. 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. 10. The owner/applicant must construct a lift station and dedicate an easement to the City at Taylor Bayou and McCabe for the City's future regional lift station. 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 General Plan must be updated to comply with the City of La Porte's General Plan Checklist. 19. 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#04-013, . 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 regular meeting to allow further study of this item. This results in tabling any action on this item, e e Preserve at Taylor Bayou September 16, 2004 Page 7 of7 Attachments: ~ Letter, dated August 10,2004, to Commissioner Garcia, Harris County. ~ USACOE Permit, dated February 14,2000. ~ Southwest La Porte Sewer Master Plan ~ Memorandum for Record, dated March 29, 2004; Developer Responses to City of La Porte's Requests, The Preserve at Taylor Bayou. e ~ = PROPOSED DEVELOPMENT = POTENnAL PRESI!~YEJ!'" . .!f . ..... OF SHORE ACRES N.T.S. fWJ.l LEGEND DEVELOPMENT BURCHFIELD TY RESIDENTIAL LOW DENSI DEVELOPMENT D UNIT PLANNE RED HOUSING MANUFACTU PROPERTY OUTUNE :IE ... ~ ~ i i ,..: il'i '" ... 9 ~ o 9 w ii: li '" iil t ! iI: ~ ~ u i iI: ~ lil i ~ u ~ ~ ~ ~ lo! '"