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
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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
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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 atter its passage and approval.
Passed and approved this the
day of October, 2004.
CITY OF )f PORT~
BY:~~
ALTON PORTER, Mayor
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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 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.
-
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77571
'Se0-'ing The Baj'slzore Area Since 1947'
-'
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fMJk~t~
Karolyn Kellogg , ~ /
Authorized Representative
281.471.1234
Fax: 281.471.5763
,200Lf-
riHIBll ~
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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
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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 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
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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"
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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:
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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
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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
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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
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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:
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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,
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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.
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