HomeMy WebLinkAboutO-2004-1501-XXX scup04-007 amending 03-002; rejected by Council
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ORDINANCE NO. 1501-
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 CQNDITIONAL USE PERMIT #SCU04-007 (AMENDING #SCU03-
002) FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: :t150 ACRES
(ALONG SH 146 FROM NORTHEAST CORNER OF McCABE ROAD TO SOUTH OF BAYPOINT
TOWNHOMES, AND WEST OF BAY FOREST GOLF COURSE) IN THE W.P. HARRIS SURVEY,
ABSTRACT -30, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING MUL TI-
FAMILY RESIDENTIAL DEVELOPM~NT (100 FREESTANDING INDIVIDUAL UNITS) AT THE
NORTHEAST CORNER OF McCABE ROAD 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 COl)NCIL 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 th~ 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 att~ched 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 cop)' of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501-
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.
By an affirmative vote of at least three-fourths of the City Council of the
City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning
Commission, and approves a Special Conditional Use Permit. The conditions of the said Special
Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use
Permit, a true copy of which is attach~d hereto as Exhibit "F". The description of said parcels of
land classified pursuant to said Special Conditional Use Permit are as follows, to-wit:
::1:150 acres located along SH 146 from the northeast comer of McCabe Road to south of
the Baypoint Townhomes, and west of the Bay Forest Golf Course; 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 L~ 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.
ORDINANCE NO. 1501-
Page 3
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"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 ~nd posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the
day of
J 2004.
CITY OF LA PORTE
l3y:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City 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 hear the matter remanded back from City Council 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 #SCU04-007 (amendment to SCU03-002), requested for 150:!: acres located in the 1200
Block of S.H. 146 & northeast corner of McCabe Road, W.P. Harris Survey, A-30, La Porte, Harris
County, Texas. The owners, Arete Real Estate & Development Co., and Hettig Management
Corporation, seek to develop multi-family residential complex at the southwest corner of the
development in the Planned Unit Development (PUD) zone. 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 the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030for further information.
mcHIBIT A
'ScrJli/lg The Bayslzore Area Since 1947'
i PUBLIC NOTICES
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THE STATE OF TEXAS
. COUNTY OF HARRIS
CITY OF LA PORTE
;h ~ treet
.as ?7571
NOTICE OF PUBUC
HEARING
In accordance with the ~
provisions of SectIon .1 Q6..
171 0' the Code of Ordl- ~
nances 01 the City 0' La
: Porte. and the provisions
I of the Texas Local Gov-
, ernment Code. notice is
hereby given that the La
Po e Planning and Zoning
C m1ssi will hear the
man back
Cou 6:00
of
noil
Cham .. 604
I West i . ay,
I La Porte, as. The pur-. '.
pose 0' this hearing Is to derslgned authonty, on thiS date
consider Special CoOOl- 3d I~ I K II d I t'h' d
tlonal Use Permit .. ,aro yn e 099, a u y au onze
#SCU~ (amendment -he Bayshore Sun, a semi-weekly
r to SCU03.002). requested d d . II d' . b d' h
I for 150+ acres located In Ie an genera y lstn ute In t e
I the 1200 Block 0' S.H. 146 arr s County Texas and who
. & not1heast comer 0' ." , .
; McCabe Road, W.P. Har- 'om, swears the attached notice was
rls Survey, A-30. La Porte. h S d 0 & I j; l.f
f Harris County, Texas. The ays ore un date I 30, 0
owners, Arete Real Estate
~&, ~V1),lj)pinent '.Co., and:
,-Hellig ..Management Cor-
, paration. seek to develop
multi-family residential
complex at the southwest III
. comer of the development ;;j
In 1he Planned Unit Devel- ;'"
opment (PUD) zone. In 8C-1."
cordance with Section
106-216 01 the Code of Or-
dinances. a Special CoOOi-
ional Use Permit (SCUP) '.
s required for develop- J
nt In the PUD zoning I
strict.
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281.471-1234
Fax: 281.471.5763
re Sun
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Karolyn Kellogg
Authorized Representative
regular meeting of the
lannlng and Zoning Com-
issien will follow the pub-
ic hearing. The Commis-
sion wID act upon the pub-
lic hearing Items and con-
duct other matters.
, ec.' before me this 10 -rH day of ~
~1-. /.L,.,~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
Citizens wishing to ad-
dress the Commission pro I
or con during the public
hearing are required to
. sign in be'ore the meeting
."'" ,..,.,.....e.-vt
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City of La Porte
Established 1892
July 30, 2004
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU04-007 (Amending #SCU03-002)
Dear Mayor Porter:
The La Porte Planning and Zoning Commission during their July 15, 2004, meeting, held a
public hearing on Special Conditional Use Permit #SCU04-007 (an amendment to
previously approved SCU03-002). The previous application and SCUP were approved with
conditions and subsequently forwarded to City Council. Due to continuing concerns about
the general nature of this development and financing tools being used, City Council, at
their June 14,2004, meeting remanded the issue back to the Commission for further
consideration. The applicant sent a letter formally requesting withdrawal of the issue.
Given that Council directed the action, the item remained on the July 15, P&Z agenda.
After careful considerations and determining the application to be abandoned, the
Planning and Zoning Commission, by a unanimous vote, recommends that City Council
consider disapproval of Special Conditional Use Permit #SCU04-007 (amending
#ScU03-002).
Resp ctfully Submitted,
.i)~
By. Waters
Chairperson, Planning and Zoning Commission
c: Debra a. Feazelle, 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
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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 23m 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 #SCU04-007(amendment to SCU03-
002), requested for 20::!: acres located ip the 1200 Block of S.H. 146 & northeast corner of McCabe
Road, W.P. Harris Survey, A-30, La Porte, Harris County, Texas. The applicant, Hettig
Management Corporation, seeks to d~velop multi-family residential development in the Planned
Unit Development (PUD) zone. 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 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 (281) 471-5020
or TDD Line (281) 471-5030for further infor,mation.
~XHIBIT JJ
In accordance
with the provisions of Sec- ~
tion 106-171 of the Code Ill'
of Ordinances of the City
of La Porte, and the provi- rIIf
slons of the Texas Local
Government Code, notice
is hereby given that the La
Porte City Council will con.
duct a public hearing at
. 6:00 P.M. on the 23rd day
of August, 2004. in the
Council Chambers ot City
Hall. 604 West Falrmont
Parltway. La Porte, Texas.
The purpose of this hear-
ing is to consider Special
Conditional Use Permit
ISCU04-007(amendment
to SCU03-(02), requested jersigned authority, on this date
for 20+ acres located in d /" I K II d I h' d
the 1200 8Iock of S.H. 146 !,aro 'In e ogg, a u 'I aut orlze
& northeast corner of 'he Bayshore Sun, a semi-weekly
McCabe Road. W.P. Har- d' II d' 'b d' h
ris Survey, A-30. La Porte, led an genera 'I Istn ute In t e
Ha~s County. .Texas. The arr s Countv Texas and who
applICant, Hettig Manage- . J I . .
. ment COtpOl8tion. seeks forn, swears the attached notice was
t~d 'tnulti-family res- h S d 0 0 Ao r? /0 4-
I I . lopment In the lays ore un ated 0 0
Plan it Development
(pU' : Z e. CCOrd-
anc wit 06-216
of the C I. nances,
a Speci . naI ~se
Permit (C . I required
for de", nt In the
PUD zoning district.
THE STATE.QF TI:XAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
A regular meeting of the
City Council will follow the
public hearing. The Coun-
cil will act upon the public
hearing items and conduct
other matters.
471-5020 or TOO Une
(281) 411-5~ further
information. .
e
as 77571 '
'Sen'lng The Bayslzore Area Since 1947'
.'
~
281-471-1234
Fax: 281-471-5763
'. .
~ .\ C\~^-fY1j. OJ~
Karolyn Kellogg
Authorized Representative
Citizens wishing to ad-
dress the Council pro or
con during the public hear-
ing are required to sign in
before the meeting Is oon-
vened.
bee." before me this / () ,,, rJ day of ar
~A.~r~
Sandra E. Bumgarner -
Notary Public
Harris County, Texas
CITY OF LA PORTE
Martha Gillett
City Secretary
;,..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'1
This fac//Ity has disability GARNER S
accommodations aV8,7a- ...~y PilIP. SANDRA E. BUM XAS S
ble. Requests for scoom- ~~\ NOTARY PUBLlCs~~~~~~~~ ~
modations or Interpretive ~,~. ~ MYCOMMIS S
services at meetings ""e-OF~"+ APRIL 30, 2006 J
should be made 48 hoUIS :;o"..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'..;"'.,oV..;"'..;"'..;"'..;"'..;"'/A
prior to the meeting. ;,............A
Please contact the City
Secretary's office at (281):
,200lf
)
iXH~BIT E
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UDraft"
City of La Porte
Special Conditional Use Permit # SCU 04-007 AMENDING SCU 03-002
This pennit is issued to: The Hettie Manaaement COrD. and Arete Real Estate COrD
Owners
340 N Sam Houston Parkway East. Suite#140 Houston. TX 77060
Address
5325 Katy Freeway Suite #1 Houston. TX 77007-2257
Address
For Development of:
Pro Dosed Bavforest Ranch and Amendment to SCU #03-002
Development Name
Legal Description:
Located at SH 146 north of McCabe Road
Adqress
20 acres of land beina located in the W.P. Harris Survey. A-30
City of La Porte. Harris County. Texas
Zoning:
Planned Unit DeveloDment (PUDl
Use:
Multi-family residential (Stand Alone Units)
Penn it Conditions:
1. Allow only this development design near McCabe & SH 146. The development is restricted to
100 units based on Single family special lot line (e.g. 0 lot line) parameters in City Code of
Ordinances 106-333. The Developer's Agreement could determine driveway access on S.H.
146 and McCabe Road.
2. Enlargement or use of a commercial tract will be determined when the Development
Agreement is created.
3. Any developer redesign of the current layout of street rights-of-way and building setbacks for
the entire Golf Course Development and Bayforest require prior approval..
4. Future approval of the plats and construction drawings will need to be in accordance with the
master sewer plan for south La Porte or agreed modifications.
5. This project and the entire General Plan will need to conform to the priniciples and findings of
the Taylor Bayou Watershed Plan. Proposed drainage plan must be approved by the City.
6. The City's Parkland dedications will apply. The consolidation or only partial credit may be
considered for the dispersed parks. In addition to the passive park/detention areas should
include the deed restrictions that these areas, buildings, lawns, clubhouse, open spaces and
appropriate adjacent lands are private and maintenance would be the responsibility of the
Homeowner Association.
7. Agreements for the provision of public services within this complex will need to be made
between the City and the owner/developer.
S. The perimeter landscaping, pedestrian paths, or sidewalks along SH 146 and the drainage
channel for Bayforest would equ~l that proposed for the SH 146 boundary of the Golf Course
Community.
9. Construct a sound barrier wall between the entire Golf Course Community and Bayforest
developments & S.H. 146.
i-XHIBrr ~\
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10. Ensure pedstrian access to trails system from within the development without entering McCabe
Road ROW or S.H. 146.
11. Return with the Development Agreement, plat, deed restrictions, covenants, lease agreements,
HOA covenants etc. reaffirming and resolving the above conditions for approval by the City.
12. The applicant must secure a maintenance bond, according to the City's multi-family
provisions, or seek an approved alternate.
13. If current or future owners are a qualified 501 c(3) or a governmental body, agree to payments
in-lieu of taxes for all taxing jurisdictions.
14. Covenant that any change in ownership in the future to a qualified 501 c (3) or another
governmental unit be required to continue payments in-lieu of taxes.
15. City must be agreeable to the terms and conditions regarding payments in-lieu of taxes including
term and provisions for renewal.
16. Covenant the creation of an Interest and Sinking Fund that continues beyond the life of any
financing or tax credit.
17. Create a property owners association that is subject to and part of the Homeowners Association
created for the adjacent singe-family development.
IS. Consider a mixture of3 and 4 bedroom units v. 100 4-bedroom units in consideration of the
impact on LPISD.
19. Comply with all applicable laws and ordinances of the City of La Porte and the State of Texas.
20. Construct an S' minimum sight bearing fence around the development.
21. Architecture of units must be approved by the City of La Porte.
22. Development requires alleys and rear access to garages and 50' ROWs.
23. Development requires landscaping of individual lots and tress in rear yards of lot along
McCabe Road and S.H. 146.
24. Landscaping is required along the entire length of the development bordering McCabe Road.
25. Provide for school bus turnarounds and bus stops.
26. Ensure that planned amenities (e.g. pool, parks, playgrounds and equipment, clubhouse etc.)
are constructed.
27. Ensure that a system, approved by the City, is in place to provide priority for La Porte
residents.
2S. Per condition number 13, ensure that property value, rather than income value, is factored for
the payments in lieu of taxes made to the taxing entities as stated previously.
Failure to begin construction within 12 montt)s after issuance or as scheduled under the tenns of a special
conditional use pennit shall void the pennit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is tenninated 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.
Validation Date:
Director of Planning
City Secretary
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StatTReport
July 15,2004
Bayforest Ranch
Special Conditional Use Permit #SCU 04-007
Request:
Requested Bv:
Requested For:
Present Zonin2:
Requested Use:
Baclmround:
Approval of a Special Conditional Use Permit (SCUP) for a 100-units multi-
family development. (freestanding individual rental units) This request is an
amendment to the existing SCUP #03-002 and General Plan approved for
this site.
Hettig Management Corp. and Arete Real Estate & Development Corp.
15:t acres of land located in the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. This property is further described as being located between
State Highway 146 and the Bay Forest Golf Course. While this 15+ acres is
being requested as an amendment, the entire project is open for
reconsideration. This property is located at the northeast corner of McCabe
Road at SH 146. It is bounded on the east by the Bay Forest Golf Course.
On the north, it is adjacent to the La Porte Golf Course Community, a
proposed single-family residential development on approximately 150 acres
surrounding Bay Forest Golf Course.
Planned Unit Development (PUD) with a previously approved (10/13/03).
. General Plan
. SCUP #03-002 for multi-family with density and driveway access to be
determined by a future development agreement.
Multi-Family Residential Development (100 freestanding individual units).
During the presentation the Commission may hear comments/positions taken
that the City's definitions of multi-family do, and/or do not prevent the
proposed 100-unit (freestanding) multi-family units from being defined as
multi-family and thus allowable under the existing SCUP. Since this is a
new concept for this City, the Staff focused on the merits of the concept
presented and not on the definitions of multi-family development. This
project is not, per se, defined within the current ordinance.
In staff's opinion, this project requires this new/amended SCUP because it
does not resemble the materials and proposed project presented to the
Planning and Zoning Commission and City Council when the existing
General Plan and previous SCUP were approved.
This application was considered by the Commission on May 20, 2004. The
application and SCUP were approved and forwarded to Council with 28
conditions. Due to continuing concerns about the general nature of the
development and financing tools being used, the City Council, at their
June 14, 2004, meeting remanded the issue back to the Commission for
further consideration.
Bayforest Ranch
SCU04-007
July 15, 2004
Page 2 of 5
Analvsis:
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Subsequent to Council's decision, Staff received a letter from the applicant
stating that he is reassessing his options, and an email from the consulting
engineer formally requesting withdrawal of the issue from the
Commission's July 15, 2004, agenda. Given that Council directed the
action, this application remains on the agenda.
The developer (Arete) submitted a General Plan and Special Conditional Use
Permit SCU#03-002 for :!:150 acres located at SH 146 just south of the
Baypoint Townhomes and west of the Bay Forest Golf Course. The General
Plan proposed single-family residential, multi-family residential, and
neighborhood commercial uses within the Planned Unit Development zoning
district (PUD). At the Planning and Zoning Commission's August 27,2003,
meeting, a public hearing was held. During the public hearing, the Baypoint
Townhomes residents questioned the extension of Sth Street through their
neighborhood into the proposed development. In addition, the residents
submitted a petition against the extension ofS. Sth Street.
During their September IS, 2003, meeting, the Commission recommended
approval of the General Plan and SCUP with a number of conditions:
City Council, at their October 13, 2003, meeting, approved the General Plan
and Special Conditional Use Permit #SCU03-002 with one amendment
removing the connection to Sth Street. The permit conditions for land use
allowed multi-family development on this site. The approved SCUP stated
the development agreement shall determine density and driveway access.
Recently, the Bayforest Ranch Ltd. applied for Housing Tax Credit with the
Texas Department of Housing and Community Affairs. This proposed
development will consist of 100 single-family homes for rental which was
not a part of the original submittal or approved General Plan and SCUP.
These homes would be built on approximately 15 acres, which is the subject
of this application.
Section 106-659 of the Code of Ordinances establishes the following criteria
for review of development projects within a PUD zoning district:
. Land Uses - Review of the City's Land Use Plan indicates this area was
envisioned as developing as low density residential with a mixed
commercial use. As per the approved General Plan, the multi-family
development section consists of 15 acres and a 1.5 acre tract as reserved
for commercial development. The proposed project is now single-family
(freestanding) homes for rental and the commercial reserve is restricted
to approximately 1.2 acres along McCabe Road. The intended
development is a deviation of the approved General Plan for La Porte
Bayforest Ranch
SCU04-007
July 15, 2004
Page 3 of5
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Golf Community and it is not in compliance with the earlier permit
conditions.
. Streets, Access, & Layout - The layout shows private streets with
50'rights-of-way with 2S' paved streets and 20' paved alleys to allow
rear access to the home sites. One point of access is shown along
frontage road of SH 146 and another along McCabe Road. In addition,
the Development Ordinance requires that the design and construction of
private streets be identical to the public streets. The homes sites are laid
out on a zero lot line concept.
. 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. Currently, sanitary sewer service is
not available to this site. However, the City's master sewer plan for the
area has been provided to the developer's consultant. Per the SCUP and
Development Agreement, future approvals of the plats and construction
drawings will need to be in accordance with this plan or agreed
modifications. This may affect the general layout shown.
. Drainage - The proposed development lies within the Taylor Bayou
Watershed and TIRZ #1. The channel improvements cannot directly
receive stormwater runoff from this development. The City of La Porte
has a master drainage plan for the Taylor Bayou watershed that was
performed by Civil Tech last year and has been accepted by the City.
This master plan calls for regional detention for this area north of
McCabe Road. The proposed layout should show detention within the
site. If approved, this project and the entire General Plan will need to
conform to the principles and findings of the Taylor Bayou Watershed
Plan.
. Parks and Open Space - The plan shows several pocket parks and
open spaces in and around the proposed development. If approved, the
City's Parkland dedications will apply. Since the parks are small and
spread out, consideration of partial credit may apply. In addition to the
passive park/detention areas, the development proposal should include
in its deed restrictions that these areas are private and maintenance
would be the responsibility of the Homeowner Association.
. Safety & Maintenance Issues - Staff analyzed the nature of this new
development, evaluated pros and cons associated with this kind of
development, and impact to the community. Overall density may not be
an issue, but the main concern is safety and welfare of the public. This
kind of development with single-family leased dwellings in a vacant
status invites vandalism and other crimes due to the relative far
Bayforest Ranch
SCU04-007
July 15, 2004
Page 4 of 5
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proximity of the dwellings when compared to apartments. When
apartments are vacant; control, security and observation are still
centralized. An increase in traffic and number of parked cars in the
development may contribute to the difficulty of monitoring the safety
of the development. In addition, public services will be difficult to
maintain in the area. A security plan must be submitted for review.
. Miscellaneous Issues - In this location and surrounding area, the
Commission and the TIRZ have promoted development of a character
and type that exceeds the typical development seen in the community.
.:. There was some consideration when the Commission and
Council approved the previous SCUP allowing multi-family
units where the Land Use Plan and Comprehensive Plan
Update promoted single-family development. This was based
on presentation of a higher-end multi-family complex with
market driven rates. Additionally, the present SCUP provides
for an acceptable density arranged on a zero lot line concept.
.:. The developer previously stated that the perimeter landscaping
along SH146 and the drainage channel would equal that
proposed for the SH146 boundary of the Golf Course
Community. The general layout is not complete.
.:. If the Commission considers this project (or other freestanding
units), staff suggests that they meet the standards of our zoning
and development ordinances to match the character of the
adjacent development.
.:. Harris County Housing Authority has stated they may
participate in this proposed project financially and possibly
become an owner. This may further complicate long-term
management issues beyond the life of the tax credit program.
.:. No covenants or restrictions were proposed to take care of
short or long-term management and maintenance issues. (If
received, the Tax Credit Program does require certain
protections that eventually expire)
Recommendation: SCU#04-007 as forwarded to City Council is attached for your review.
Given the continuing concerns about the general nature of the project and the
financing tools being considered, and the applicant's wishes to withdraw the
"plat" and reassess options available, we recommend denial ofSCU#04-007.
Zoning would revert back to PUD with the underlying land use as Low
Density Residential, or as approved on preceding agenda item#5.
Bayforest Ranch
SCU04-007
July 15, 2004
Page 5 of5
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Options available to the Commission are as follows:
. Recommend to Council approval of SCUP #04-007 and of an
amendment to the General Plan with additional conditions. This action
being an amendment to SCUP #03-002 as it relates to this site. If
approval is recommended, a draft SCUP is attached for the Commissions
consideration.
. Recommend to Council denial of SCUP #04-007 and the amendment to
the General Plan.
. Table SCUP #04-007 and the amendment to the General Plan.
. The Commission could also continue the Public Hearing to a future date.
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REQtlST FOR CITY COUNCIL AG-'DA ITEM
Agenda Date Requested: AU2Ust 23. 2004
Requested By: Wavne Sabo -1
Department: Plan nine
Appropriation
Source of Funds:
N/A
N/A
N/A
Account Number:
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
Exhibits:
Ordinance
Special Conditional Use Permit SCU#04-007
(Amending SCU#03-002)
StatfReport
Sketch Planllayout
Aerial Map
Amount Requested:
N/A
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
Earlier, this application for an amending SCUP was heard by the Planning and Zoning Commission on May 20, 2004. A
special conditional use permit with 28 supplemental conditions was forwarded to City Council. City Council considered
the application on June 14, 2004, and remanded the issue back to P&Z for further consideration. Subsequent to the
Council's decision, Staff'received a letter from the applicant stating that the delay in the project caused him to "... reassess
our options." Later, staff received an email from the consulting engineer and a letter from the owner formally requesting
the plan for Bayforest Ranch be withdrawn from the upcoming Planning and Zoning Commission Agenda. Since the issue
was directed by Council to be placed back before the Commission, it remained on the agenda.
The subject property is located at the northeast comer of McCabe Road at SH 146 adjacent to Bay Forest Golf Course.
The said parcel of land is a part of previously approved General Plan and SCUP for the La Porte Golf Course Community.
The applicant is proposing 100 single-family homes for rental, a.k.a. "Bayforest Ranch" a project funded by the housing
tax credit (proposed). The current project is not consistent with the Special Conditional Use Permit #SCU03-002
recommended earlier by the Planning and Zoning Commission and approved by City Council. To consider this project,
the applicant is seeking an amendment to the SCU#03-002 and General Plan approved earlier. As such, the entire Golf
Course Community may be reconsidered. The previous SCUP and General Plan were approved with the land use as multi-
family development (apartments). The intended development is a deviation of the approved General Plan and SCUP.
During the Planning and Zoning Commission's July 15,2004, meeting a public hearing was held. Fifty public notices were
mailed to property owners within 200' of the subject site. Two responses were received; one in favor and one opposed.
The Planning and Zoning Commission considered the owner's request, viewed the application as abandoned and
recommended disapproval of the Special Conditional Use Permit #SCU04-007 (amending SCU03-002) by a unanimous
vote (5-0). City Council may overrule the Commission's recommendation and approve the SCUP. This would be voting in
favor of the proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule).
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for denial by P&Z for "the Bayforest Ranch" to be located at the northeast
comer of McCabe Road and SH 146. The applicant seeks SCUP for multi-family development in PUD zone.
<r-n ~tJ i
Date