HomeMy WebLinkAboutOrd. 2004-1501-YYY Lakes at Fairmont Greens SCUP in TIRZ #1
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ORDINANCE NO. 1501- y\f'Y
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 APPROVING A GENERAL PLAN AND GRANTING A SPECIAL
CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: 135+ ACRES (ALONG SH 146 SOUTH OF THE BAYPOINT
TOWNHOMES) IN THE W.P. HARRIS SURVEY, ABSTRACT -30, LA PORTE, HARRIS
COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING SINGLE FAMILY 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:
I
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 15th day of July, 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. On July 15, 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. 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 on
the 30th day of July, 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.
ORDINANCE NO. 1501-Y~ ~~
Page 2
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"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 23rd day of August, 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 "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 Commi:;sion, 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 Planned Unit Development to Planned Unit Development wI Special Conditional Use
Permit, as set forth in the ino)rporated terms of the Special Conditional Use Permit, a true copy
of which is attached hereto a:s Exhibit "F". The description of said parcels of land classified
pursuant to said Special Conditional Use Permit are as follows, to-wit:
135.:t acres located alclng SH 146 south of the Baypoint Townhomes ; W.P. Harris Survey,
Abstract-30, City of La Porte, Harris County, Texas.
"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':; Comprehensive Plan.
ORDINANCE NO. 1501-"1 V'I
Page 3
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"Section 8. The City Council official finds, determines, recites and declares that a
sufficient written notice of thEI 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 meetin!~, 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 ordin,ance 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 o)ntents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the Sd. day oIrhlltf. 2004.
CITY OF LA PORTE
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By:
ALTON PORTER, Mayor
ATTEST:
AtiA
ity Secretary
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LAPORTE )
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 15th day
of July, 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 #SCU04-012, requested
for 128:t acres located in the W.P. Harris Survey, A-30. Mr. Joe Fogarty of 65 La Porte Ltd., owner,
(Arete Real Estate & Development Company), seeks to develop single-family residential units,
multi-family units, and commercial development in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit (SCUP) is required for development in the PUD zoning 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 thf! meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for further information.
fXHIBIT A
. In acoordance wilh the
provisions of Section 106-
171 of the Code of OrdI-
nances of the City of La ~
Porte, and the provisions P
of the Texas local Gov- ~
emment Code, notice Is
hereby given thai the La
Porte Planning and Zoning
Commission will conduct a
public hearing at 6:00 P.M.
. on the 15th day of July,
2004, in the Council
Chambers.of City Hall, 604
West Falrmant ParkWay.
-.la Porte, Texas. The pur-'
. . pose of this hearing is 10.
consider SpecIal Condi-
tional Use Pennlt
ISCUIJ4.012, requested
,for 128+ acr~s located in Idersigned authority on this date
the W.P. Hams Survey, A- ,
30. Mr. Joe Fogarty of 65 ed I(arolyn Kellogg, a duly authorized
La Porte Ud., owner. rh 8 h' S . kl
(Arete Real Estate & De- e ays ore un, a semI-wee y
. velopment Company), 1ed and generally distributed in the
, seeks to develop slngle-
. family residential units, iarr s Coullty, Texas an.d who
mulli am!ly units, and vorn swears the allached notice was
co erc development ' / /. 7
In e ed Unit Devel- 3ayshore Sun dated 0 ~ 30 0 '1
op a. D) zonIng dis-
trict. a with
Section 2 6 f the
Coda
Special
Permit CU~ required
for devilop ant in the
PUD zonIng district:
Karolyn Kellogg
Authorized Representative
ibec.' before me this 10"1 1-' day of (2uy.~
~~ ~ . Ii.." 'Zf""~
., Sandra E. Bumgarner
Notary Public
Harris County, Texas
I THE STATE oF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NoncE OF PUBUC
HEARING
A regular meeting of the
Planning and Zoning Com-
missIon win follow the pub-
lie hearing. The Commis-
sion will act upon the pub-
lic hearing Items and con-
duct other matters.
CitIzens wishing to ad-
dress the Commlsslon pro
or con during the public
j hearing are required 10
sign In before the meeting
Is convened.
f CITY OF LA PORTE
Martha Gillell.
I City .....~
. A quorum 01 City Council
. f1If1f!lbers. may ~ p~t
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h ~ trcct
ns 77571
281-471-1234
Fax: 281-471-5763
re Sun
'Sen'bIg The Bayslzore Area Since 1947'
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~'BIT B
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City of La Porte
Established 1892
July 30, 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 #SCU04-012 on July 15,2004. The applicant, Arete Real Estate & Development Co., c/o
Joe Fogarty, seeks approval of proposed Lakes at Fairmont Greens (formerly La Porte Golf
Course Community) to be located between State Highway 146 and the Bay Forest Golf Course,
immediately south of the Baypoint Townhomes.
During the September 18,2003, meeting, the Planning and Zoning Commission unanimously
voted to recommend that City Council consider approval of General Plan and Special Conditional
Use Permit #SCU03-002, which included :1:20 acres multi-family portion of development at the
northeast comer of McCabe Road as submitted by Mr. John Hettig.
With both the land swap and Mr. Hettig's portion of the project held in abeyance, Mr. Fogarty
requested a new SCUP along with a new General Plan without a land swap or the multi-family
development.
After careful consideration, the Planning and Zoning Commission, by a unanimous vote (5-0),
recommends that City Council consider approval of Special Conditional Use Permit #SCU04-0 12.
(See attached SCUP.)
Respectfully Submitted,
@rsu.J~
Planning and Zoning Commission, Chairperson
c: Debra B. FeazelIe, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
{~XHIBIl' \)
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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 23rd 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 #SCU04-012, requested for 128i: acres
located in the W.P. Harris Survey, A-30. Mr. Joe Fogarty, owner, 65 La Porte Ltd. (Arete Real
Estate & Development Company), seeks to develop single-family residential development in the
Planned Unit Development (PUD) zoning district. In accordance with Section 106-216 of the
Ordinances, a Special Conditional Use Permit required for development in the PUD zoning 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 tire meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further information.
~XHIBIT; D
: THE ~~ n~ TEXAS
I COUNTY OF HARRIS
I CITY OF LA PORTE
i NOTICE OF PUBUC
. HEARING
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trcct
77571
..
In accordance with the
, Provisions of Section 1Q6..
171 of the Code of OrdI-
nances of the City of La .
POtts, and !he provisions .
of the Texas Local Gov-
ernment Code. notice Is
hereby given that the La
POtts City Council will con-
duct a public hearing at 'Ser. "'ing. The B(l\.'shore Area Since 1947'
6:00 P.M. on the 23rd day J
of August, 2004, in the
Council Chambers of City .'
C Hall, 604 West FaIrmont
Parkway, La POrle, Texas.
C The' purpose of this hear-
Sing is to COnsider Special
Conditional Use Pennit
ISCU040012. requested
for 128+ acres located In. '.
B the W.P. Harris Survey. A- 3rsIgned authOrity, on thiS date
c; 30, . 08 Fogarty, own-j Karolyn Kellogg a duly authorized
er, Porte Ltd. (Arete I
rc Re . e & '. elop-le Bayshore Sun, a semi-weekly
r :.ent, ~".. ~~~d and generally distributed in the
C dentl m .In the lrr s County Texas and who
Planned it · , pment. I , .
a (PUD) .. n . "district. In >rn, swears the attached notIce was
P accorda' .' h Section lyshore Sun dated 0 r? /0 Fib c.J- '.
106-216 of the OrdJnan-,
cas, a Special Conditional
Use Pennit required for
development In the PUD '.'
zoning district.
A regular meeting of the
City Council wDl follow the
public hearing. The Coun-
cil will act upon the public
hearing items and conduct
other matters,
t
281-471-1234
Fax: 281-471-5763
=4(ClA101Ld~#-i~
I<arolyn Kellogg
Authorized Representative
Citizens wishing to ad-
..... ... """"" om .. . /J ~
E ~on during t~e PUbllc,hear- lee.' before me this / () -rl-l day of ~
109 are requlf'ed to SIgn in
before the meeting Is con- j .... a. ~
vened. .~~, -JA: ~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
CITY OF LA PORTE
Martha Gillett
City Secretary
This facHity has d/sabt7lty
accommodations availa-
ble. Requests for acc0m-
modations or Interpretive
setvlces at meetings
shoukJ be made 4B hours
prior to the meeting.
Please contact the City
Secretary's office at (281)
471-5020 01 TDD Une
(281) 471-5030 for further
information,
, 200 It
)
"~XHIBIT E
e City of La Porte e
Special Conditional Use Permit # SCU 04-012
This permit is issued to:
Arete Real Estate & Develooment Co.
Owners
340 N Sam Houston Parkway East. Suite#140 Houston. TX 77060
Address
For Development of:
Prooosed Lakes at Fairmont Greens
Development Name
Located at SH 146 south of Bayooint town homes
Address
Legal Description:
135.4+/- acres of land beina located in the W.P. Harris Survey. A-30
City of La Porte. Harris County. Texas
Zoning:
Planned Unit Develooment (PUDl
Use:
Sinale-familv residential and commercial
Permit Conditions:
Land Use:
1. Allow single-family lots with 70' along the Golf Course and 60' to 65' width lots in other
areas.
2. Maintain the redesign of the single-family lot layout so that lots do not front on 81h Street.
3. Allow commercial development near McCabe & SH 146 (approximately 5 acres thereby
qualifying for a PUD). A further refinement of the commercial activity will be determined
when the Development Agreement is created.
4. A 20 acres tract in center of development remains PUD without land use designation. But,
underlying land use from the Comprehensive Plan indicates single-family residential.
Streets:
1. Remove existing chain link fencing on border of golf course property.
2. Avoid using 8th Street during construction phases of devleopment
3. Provide emergency access to the golf course from McCabe Road area (alley and gate) to allow
ambulance into this area of the course.
4. Center turn lanes on Wharton Weems should be considered.
5. Traffic signal on Wharton Weems and S.H. 146 is needed at the time the subdivision is developed.
The Developer should coordinate with TXDOT. Traffic impact study shall be initiated to look at
the need for widening and additional lanes at Wharton Weems with crossover consideration in
conjunction with improvements on S.H. 146
6. 8th Street not to go through. Design a dead-end with a temporary cul-de-sac added until it is
determined if additional ROW is needed for park access.
7. A possible redesign of Section 5 may be needed to allow secondary access to S.H. 146 and roads may
have temporary cul-de-sacs to pl~ for future tie-ins between Section 5 and Section 3.
Detention:
1. Ensure that lake/detention areas are continuous. Provide wrought iron fencing to prevent
free movement of pedestrian traffic between the golf course and the subdivision. Install
wrought iron fencing along the rear of each lot overlooking the golf course/detention lake
area or between detention lakes and golf course, or other fencing alignment/material
approved by City Staff.
2. Size outflow piping so that wa~er is retained sufficiently to prevent flooding on the golf
course or the subdivision.
3. Discuss rounding right angle comers of detention areas, (possibly utilizing City-owned land
to do so); this will increase detention capacity for the lake system.
.- XHIBIT F
4. Maintenance of d.on, down to the water level, shoue,e determined in the
development agreement.
5. Outflow is needed to gain access to reserve 'Z', which is not owned by the applicant. Total
volume should be in line with the recommendations by the Taylor Bayou study.
Parks. trails. and landscaping:
I. Add at least one 1-2 acre park site in additon to the passive park/detention areas shown in the 151 round.
2. Install play/service equipment to the current City of La Porte park standards (e.g. playground, picnic
areas, trash cans, barbeque pits, etc.)
3. Incorporate pedestrianlbicycle trails along the linear detention/park areas, with entry and exit to the
subdivision, in at least 4-5 locations along its length.
4. Note that pedestrianlbicycle trails will be primarily for the use of the subdivision owners and shall be
maintained by the homeowner's association.
5. Create winding pedestrianlbicycle tr;:rils with trees situated to add shade and landscaping to trails, both
along the linear park.
6. Provide a pedestrianlbicycle path from SH 146 to Little Cedar Park along the north perimeter of the
subdivision, with a connection to the east side pedestrianlbicycle trail.
7. Sidewalks are recommended along both sides of Wharton Weems and McCabe Road.
8. As advised by TxDOT, create a landscaped sound wall along SHl46 outside the 10' utility easement to
have to reduce noise levels for the sJ.lbdivision; ifberms utilized, then shrubbery planted along the top
(i.e. oleanders) to provide additional sound deadening. The design of the sound wall must be approved
by City Staff.
9. Irrigation shall be provided to allow establishment of all plant material.
10. Clearly state in covenents or deed restrictions that it is the responsibility of the homeowners to pay for
all costs for repairs that are incurred when property adjacent to the existing golf course and driving
range is damaged. Or if feasible, provide a protective mechanism that prevents damage to property that
is adjacent to the golf course or drivjng range.
11. Install a pedestrian bridge over Taylor Bayou to provide continuity for internal subdivision alternative
transportation, if necessary.
12. Return with the Developer's Agreement, plats, deed restrictions, etc. reaffirming and resolving the
above conditions.
13. Plans shown, once accepted, cannot change unless in the case of minor road or lot configuration as
determined and approved by the Dir~ctor of Planning.
Mandatory items:
1. Coordinate infrastructure plan (e.g. drainage, water and sewer) with City Staff.
2. All deeds, covenants, etc. reviewed and approved by the City of La Porte.
3. Pay the associated public hearing costs.
4. Comply with all other applicable laws and ordinances ofthe City of La Porte and the State
of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms ofa special
conditional use permit shall void the permit as approved, except upon an extension oftime 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 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.
~ J1rill
City 'Secretary
It
e:
StafTReport
July 15,2004
Lakes at Fairmont Greens
General Plan
And
Special Conditional Use Permit #SCU04-012
Request:
Requested Bv:
Requested For:
Present Zoninl!:
Requested Use:
Back2:round:
Approval of a General Plan and Special Conditional Use Permit for single-
family and commercial developments.
Arete Real Estate & Development Co..
135.4:1: acres of land located in the W. P. Harris Survey, A-30, La Porte,
Rarris County, Texas. This property is further described as being located
between State Righway146 and the Bay Forest Golf Course.
Planned Unit Development (PUD)
Single-Family Residential and Commercial
This property is located at the northeast comer of SH 146, Wharton Weems
Boulevard, and McCabe Road. It is bounded on the east by the Bay Forest
Golf Course. Mr. Joe Fogarty, President of the Arete Estate and
Development Company, met with the City staff on several occasions to
present conceptual layouts for residential development, multifamily and
commercial uses on approximately 150 acres surrounding Bay Forest Golf
Course.
At the Commission's March 20, 2003 meeting, Mr. Joe Fogarty described
his development plans for the proposed golf course community. Mr. Alton
Porter, Chairman of the Board of Directors, Tax Increment Reinvestment
Zone (TIRZ) also addressed the Commission. He indicated that the TIRZ
board supported the subject project.
After the presentation, the Commission offered the following comments:
. Consider relocating the proposed multi-family development to either at
the Wharton Weems Blvd. intersection or McCabe Road intersection~
. Provide "pocket parks" within the proposed development.
. Design a landscape berm that serves as an effective buffer and screens
from noise and other impacts associated with SH 146.
Based upon the initial General Plan, SCU#03-002, including the multi-
family portion (apartments) of the development as submitted by Mr. John
Rettig, was approved in 2003 as a joint venture. Integrated into the plan was
a land swap between Mr. Fogarty and Mr. Hettig, with Mr. Fogarty
controlling a 20+/- acre tract at the Northeast corner of McCabe Road and
S.H. 146 where Mr. Rettig's apartments were being considered. Mr. Rettig,
La Porte Golf Community
SCU#04-O 12
July 15, 2004
Page 2 of?
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in turn controlled a tract in the Northern portion of the development that was
integral to Mr. Fogarty's concept for the single family development. As a
joint venture, it was envisioned that a land swap between the two developers
would benefit the entire plan.
In 2004, Mr. John Hettig redesigned the multi-family concept to 100 free-
standing, single family rental units fmanced partially using Housing Tax
Credits. Given this change to the General Plan, Mr. Hettig submitted a
request for an amendment to SCU#02-003. The amendment, SCU#04-007
considered the change to the General Plan as a whole. This amending SCUP
went before the Commission on May 20, 2004, and forwarded to Council
with a recommendation for approval by a 4-2 vote. Council, in turn,
remanded SCU#04-007 back to the Commission for additional
consideration. Mr. Hettig is currently reassessing his options and has
formally asked for his "plat" to be withdrawn.
With both the land swap and Mr. Rettig's portion of the project held in
abeyance, Mr. Fogarty is requesting a new SCUP to forward a new
General Plan without the land swap or the multi-family development
This submittal is for a new General Plan, doted June 2004, for 411 lots
and 18 Reserves on 135.4 acres. This General Plan excludes the Rettig
parcel of land adjacent to, and north of Fogarty's Section 5, south of
Section 7 and bordering s.H. 146.
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. After approval of the General Plan
and SCUP by City Council, the applicant would be authorized to submit a
Preliminary Plat. This Plat would be reviewed and acted upon by the
Commission. Approval of the preliminary and final plats would allow the
applicant to submit building plans for review and then to begin construction
of the project.
Analvsis:
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 area was
envisioned as developing as low density residential with a few areas for
commercial use. The proposed project is now primarily low density
residential (approximately 135.4+/- acres). The multi-family
development section at McCabe Road and S.H. 146, which consisted of
15 acres and a 1.5 acre tract reserved for commercial development has
been deleted and marked for future Land Plan designation of single
family and commercial development. During review of the site plan,
La Porte Golf Community
SCU#04-012
July 15, 2004
Page 3 of?
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.
Staff and the Commission should look for sufficient open space,
adequate parking, and a good mix of recreational amenities.
. Streets, Access, & Layout - State Highway 146, Wharton Weems
Blvd., and McCabe Road provide limited access to the site. Along SH
146 traveling north, TXDOT is negotiating with property owners to
secure right turn lanes at Wharton Weems and McCabe Road. These
lanes should help prevent traffic delays.
Given the location of the Hettig property which bisects Mr. Fogarty's
development in the North, A possible redesign of Section 5 may be
needed to allow secondary access to S.H. 146 and roads may have
temporary cul-de-sacs to plan for future tie-ins between Section 5 and
Section 3. During the platting process, consideration should be given to
traffic controls along the subdivision access points that intersect with
Wharton Weems Blvd. and McCabe Road. In addition, a sound wall
bordering the residential development along S.H. 146 must be
constructed. This would reduce noise levels and provide for additional
sound deadening for the subdivision.
The developer should maintain the redesign of the current layout to
ensure that lots do not back onto 8th Street. In a previous sketch plan, the
developer provided a layout with cul-de-sacs.
. Topography - this area is relatively flat and stable and should not be an
obstacle to this type of development.
. Density - staff utilized the Land Use Plan as a guide. With the
designated land use as low density residential and applying a
development ratio of 4.8 units per acre to approximately 135.4 acres, this
property may yield approximately 649 dwelling units. This current plan
designates seven sections of single-family residential with average lot
size of 60'xllO'. (Larger lots are proposed abutting the City's Golf
Course.) The total number of single-family residential lots equals 411
with a density of 3.04 units per acre. This density is considerably less
than the 4.8 units per acre allowed in R-l zoning districts.
. Utilities - There are sufficient water distribution facilities along frontage
road of SH. 146 and 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 can be made to serve the whole
development. Currently, sanitary sewer service is not available to this
site; however, as a part of the City's master sewer plan for the area,
easements were secured to provide a 24" trunk main. The plan provides
for two possible sites for a tie in just near Popular Cove and Little Cedar.
The Developer, through a Sewer Utility Agreement, should commit to
paying for the sanitary sewer services and improvements needed to
provide sewer service to this project and be responsible for the on-site
La Porte Golf Community
SCU#04-012
July 15, 2004
Page 4 of7
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improvements needed to serve this project. The Developer's
participation may be an eligible expense with the TIRZ that allows the
developer to seek reimbursement.
. Drainage - The proposed development lies within the Taylor Bayou
Watershed and TIRZ #1. The channel improvements cannot directly
receive stormwater runoff from this development. A solution is to
provide stormwater detention within this development.
The proposed layout depicts several reserves along eastern boundary of
the development adjacent to the golf course. These reserves are intended
to provide the drainage and detention for the full development. The
developer's layout for drainage and detention is quite similar to the
layout contained in the Taylor Bayou Drainage Master Plan. The Master
Plan shows a north-south channel conveying storm water downstream to
a detention pond that is less than the one provided by the developers.
This layout shows wider channel areas serving as additional buffer for
the golf course. Constant level ponds could also increase aesthetics for
adjacent homeowners and users of the pedestrian trails. Fencing along
the detention areas to prevent free movement of pedestrian traffic
between the golf course and the subdivision should be considered.
Detention basins design and calculations will be reviewed thoroughly to
make sure that water is retained sufficiently to prevent flooding on the
golf course and the subdivision. In addition, the Commission may wish
to determine, in a development agreement, the party that shall be
responsible for routine maintenance of these detention areas down to the
water level.
. Parks and Open Space - The proposed subdivision is in close
proximity to the City's Little Cedar Bayou Park. The proposed
subdivision can be made accessible to Little Cedar Bayou Park and
connect into the City's trails/pedestrian system with the installation of
sidewalks, and other pedestrian facilities (e.g. interconnecting trails).
The plan also shows several reserves serving as pocket parks and open
spaces. In addition to the passive park/detention areas, the development
proposal could include in its deed restrictions that these areas are private
and maintenance would be the responsibility of the Homeowner
Association. The Developer could submit to the City for approval a park
plan showing the playground equipment that will be installed. Staff
suggests pedestrian/bicycle trails to be incorporated along the
detention/park areas at several points into the subdivision. This would
connect the developments private areas with the public (City owned) trail
system.
La Porte Golf Community
SCU#04-O 12
July 15, 2004
Page 5 of7
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. Construction Schedule -Given recent delays in the Hettig project, the
original start date of January 2004 has been delayed considerably. With
a late 2004 start date, the project should reach build out in 2011-2012.
Recommendation: Based on items discussed under the "Analysis" section, Staff recommends
Planning and Zoning Commission's approval with the following conditions
for adoption of a Special Conditional Use Permit, and direct staff to
coordinate a Developer's Agreement with the applicant. The conditions are
listed below:
Land Use:
1. Allow single-family lots with 70' along the Golf Course and
60' to 65' width lots in other areas.
2. Maintain the redesign of the single-family lot layout so that
lots do not front on 8th Street.
3. Allow commercial development near McCabe & SH 146
(approximately 5 acres thereby qualifying for a PUD). A
further refinement of the commercial activity will be
determined when the Development Agreement is created.
4. A 20 acres tract in center of development remains PUD
without land use designation. But, underlying land use from
the Comprehensive Plan indicates single-family residential.
Streets:
1. Remove existing chain link fencing on border of golf course
property.
2. Avoid using 8th Street during construction phases of
devleopment
3. Provide emergency access to the golf course from McCabe
Road area (alley and gate) to allow ambulance into this area of
the course.
4. Center turn lanes on Wharton Weems should be considered.
5. Traffic signal on Wharton Weems and S.H. 146 is needed at the
time the subdivision is developed. The Developer should
coordinate with TXDOT. Traffic impact study shall be initiated
to look at the need for widening and additional lanes at
Wharton Weems with crossover consideration in conjunction
with improvements on S.H. 146
6. 8th Street not to go through. Design a dead-end with a
temporary cul-de-sac added until it is determined if additional
ROW is needed for park access.
7. A possible redesign of Section 5 may be needed to allow
secondary access to S.H. 146 and roads may have temporary cul-
de-sacs to plan for future tie-ins between Section 5 and Section 3.
La Porte Golf Community
SCU#04-012
July 15, 2004
Page 6 of7
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Detention;
1. Ensure that lake/detention areas are continuous. Provide
wrought iron fencing to prevent free movement of pedestrian
traffic between the golf course and the subdivision. Install
wrought iron fencing along the rear of each lot overlooking the
golf course/detention lake area or between detention lakes and
golf course, or other fencing alignment/material approved by
City Staff.
2. Size outflow piping so that water is retained sufficiently to
prevent flooding on the golf course or the subdivision
3. Discuss rounding right angle corners of detention areas,
(possibly utilizing City-o~ned land to do so); this will increase
detention capacity for the lake system.
4. Maintenance of detention, down to the water level, should be
determined in the development agreement.
5. Outflow is needed to gain access to reserve 'Z', which is not
owned by the applicant. Total volume should be in line with
the recommendations by the Taylor Bayou study.
Parks. trails. and landscaping:
1. Add at least one 1-2 acre park site in additon to the passive
park/detention areas shown in the 1 st round.
2. Install play/service equipment to the current City of La Porte park
standards (e.g. playground, picnic areas, trash cans, barbeque pits,
etc.)
3. Incorporate pedestrianlbicycle trails along the linear
detention/park areas, with entry and exit to the subdivision, in
at least 4-5 locations along its length.
4. Note that pedestrian/bicycle trails will be primarily for the use
of the subdivision owners and shall be maintained by the
homeowner's association.
5. Create winding pedestrianlbicycle trails with trees situated to
add shade and landscaping to trails, both along the linear park.
6. Provide a pedestrian/bicycle path from SH 146 to Little Cedar
Park along the north perimeter of the subdivision, with a
connection to the east side pedestrianlbicycle trail.
7. Sidewalks are recommended along both sides of Wharton
Weems and McCabe Road.
8. As advised by TxDOT, create a landscaped sound wall along
SH146 outside the 10' utility easement to have to reduce noise
levels for the subdivision; if berms utilized, then shrubbery
planted along the top (i.e. oleanders) to provide additional
sound deadening. The design of the sound wall must be
approved by the City Staff.
9. Irrigation shall be provided to allow establishment of all plant
material.
La Porte Golf Community
SCU#04-012
July 15, 2004
Page 7 of7
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10. Clearly state in covenents or deed restrictions that it is the
responsibility of the homeowners to pay for all costs for
repairs that are incurred when property adjacent to the existing
golf course and driving range is damaged. Or if feasible,
provide a protective mechanism that prevents damage to
property that is adjacent to the golf course or driving range.
11. Install a pedestrian bridge over Taylor Bayou to provide
continuity for internal subdivision alternative transportation, if
necessary.
12. Return with the Developer's Agreement, plats, deed
restrictions, etc. reaffirming and resolving the above
conditions.
13. Plans shown cannot change unless in the case of minor road or
lot configuration as determined and approved by the Director
of Planning.
Mandatory Items:
1. Coordinate infrastructure plan (e.g. drainage, water and sewer)
with City Staff
2. All deeds, covenants, etc. reviewed and approved by the City of
La Porte.
3. Pay the associated public hearing costs.
Options:
1. Close the public hearing and recommend SCU#04-012 and General
Plan to City Council with conditions as stated.
2. Deny SCU#04-012 and General Plan.
3. Table SCU#04-012 and General Plan for further study.
4. Continue Public Hearings at a future meeting.
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REQlsT FOR CITY COUNCIL AtNDA ITEM
Agenda Date Requested: AU2Ust 23. 2004
Requested By: Wayne J. Sabo vf
Department: Plannine
Appropriation
Source of Funds:
N/A
N/A
N/A
N/A
N/A
Account Number:
Report: _Resolution: _Ordinance:-X...-
Amount Budgeted:
Exhibits:
Ordinance
Special Conditional Use Permit
Staff Report
General Planllayout
Aerial Map
Amount Requested:
Budgeted Item:
SUMMARY & RECOMMENDATION
Mr. Joe Fogarty of the Arete Real Estate and Development Co., owns :1:128 acres of land located just south of
Baypoint Townhomes at SH 146 adjacent to the Bayforest Golf Course. Mr. Hettig of the Hettig Management
Corp., owns:l:20 acre tract along SH 146. Earlier, a General Plan and Special Conditional Use Permit SCU#03-002
for :1:150 acres was submitted to the City as a joint development proposal for single-family, multi-family residential
with a small portion as neighborhood commercial. The plan was subsequently approved with underlying uses as
proposed within the Planned Unit Development zoning district (pUD).
The original permit SCU#03-002 incorporated a multi-family component (apartments) in a joint venture with the
Hettig Management Corporation. Incorporated into the General Plan for SCU#03-002 was a land swap deal
between Arete and Hettig. Subsequent to the original SCUP, Mr. Hettig redesigned the multi-family concept to
100 single-family rental units. This redesign led to the submittal of an amending SCU#04-007 heard by the
Commission on May 20, 2004. The Commission forwarded the amending SCUP to Council with a
recommendation for approval. City Council remanded SCU#04-007 back to the Commission for further
consideration at the July 15,2004, meeting. Mr. Hettig's portion of the development was withdrawn, considered
abandoned by the Commission and subsequently recommended for denial.
Mr. Fogarty, wishing to avoid further delay, is requesting a new SCUP for the single-family portion of the
development, deleting the multi-family portion and the land swap. Current application is for 135.4 acres, 411
lots and 18 Reserves in seven sections. The site that was previously devoted to the multi-family portion at
McCabe Road and S.H. 146 is now re-designated for future single family and commercial uses.
By a 5-0 vote, the Commission recommends approval of the General Plan and SCUP with conditions. The City
Council is asked to consider taking action on this item.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for the proposed Lakes at Fairmont Greens
to be located south of the Baypoint Townhomes between State Highway 146 and the Bay Forest Golf
Course. The applicant seeks SCUP for single-family development in PUD zone.
Aooroved for City Council Aeenda
9-r7-oL
Date