HomeMy WebLinkAboutO-2007-1501-V5 scup07-004
18/19
City of La Porte
Interoffice Memorandum
To:
Mayor and Council
From:
John Joerns, Interim C
Date:
May 16, 2007
Subject:
City Council Agenda, May 21, 2007
Public Hearing: Lakes at Fairmont Green Section 9
During this process I informed staff and the developer that I could not support public dedication of the
proposed alleys as I did not see a "public purpose." Since that time, I understand the developer's attorney
has consulted with the City Attorney's office and currently the alleys are proposed to be public. Although
the maintenance is proposed to be transferred to""either a homeowners association (HOA) or a Public
Improvement District (PID), I have concerns regarding the ''public dedication."
I plan to visit with the City Attorney's office prior to Monday and will also review PID regulations and
the referenced developer's agreement.
The Public Hearing providing for input from the public and Council has been advertised and of course
needs to continue.
JJ :cns
c: Clark Askins
Wayne Sabo
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: May 21. 1007
Roquesled By, Wa\?lO ~
Department: Plannine:
A"DrOPriation
Source of Funds:
~
~
N/A
~
Account Number:
Report: _Resolution: _Ordinance:-X-
Amount Budgeted:
Exhibits:
Ordinance
Special Conditional Use Permit SCU#07-004
P&Z Staff Report
Aerial Map
General Plan
Amount Requested:
N/A
SUMMARY & RECOMMENDATION
The Lakes at Fainnont Greens Subdivision is developing under a Master General Plan and an approved Special
Conditional Use Permit (SCU 04-012) passed by Council on August 23, 2004. The Planning and Zoning Connnission
granted an extension for the Permit on Apn121, 2005, and construction on the infrastructure has begun. Section 9 of the
Subdivision, the subject of this permit request, has a change in land use and, therefore, requires a separate SCUP. The
previously approved land use designation for Section 9 included both residential and commercial activity. The current
Special Conditional Use Permit and General Plan are for proposed 108-units single family development on a special lot
line configuration. After approval of the General Plan and SCUP by City Council, the applicant would be authorized to
submit a preliminary plat. Approval of the preliminary and fmal plats would then authorize the applicant to begin
construction of the project.
The subject property is located at the northeast corner of McCabe Road at State Highway 146 adjacent to the Bay Forest
Golf Course. By definition, single-family special lot line means any residential lot for single-family pmposes with an area of
less than 6,000 square feet, but equal or greater than 4,500 square feet. Since this proposed development is a unique design
within a PUD, Staff' focused on the merits of the concept presented and not on the definition. The proposed layout has several
variations from developments within the standard residential zoning districts showing reduced setbacks (IS feet instead of 20
feet) public streets will be 50'rights-of-way with 28' paved streets (instead of 60 ' ROWs) and 20' wide alleys with 12' of
pavement to allow rear access to the home sites. Alleys will be one-way and although propa;ed to be dedicated to the public,
will be maintained by the HOA or PID as determined by the Developer's Agreement, when finalize and approved by the City.
While the development shows smaller 4000 S,F. lots, the homes will range from 56% to 59% lot coverage which conforms to
standard special lot line requirements. One point of access is shown along the frontage road of State Highway 146 and another
along McCabe Road Proposed access along State Highway 146 is subject to TxDOT criteria, traffic volume, and speed
limitation along highways and will require TxDOT approvaL With land being dedicated for a Park, parkland development
fees will not apply. All connnon amenities will be privately maintained
The draft SCUP was crafted to outline the variations built into the design of the development. Should this SCUP be approved,
a preliminary plat will be considered by the Planning and Zoning Connnission which replicates the SCUP.
Dwing the Planning and Zoning Commission's Apn119, 2007, meeting a public hearing was held Four public notices were
mailed to property owners within 200' of the subject site. No response was received in this regard
The Planning and Zoning COnmUssion considered the 25-items SCUP pertaining to Section 9 and modified the draft to
ensure that maintenance of connnon areas was the responsibility of the HOA or PID. They also added wording to solidify
this SCUP's attachment to the Master General Plan to ensure commonality witp. the standards of the other Sections of the
Subdivision for landscaping and fencing requirements. The Planning and Zoning Connnission, by a unanimous vote,
reconnnended approval of the amended Special Conditional Use Permit #SCU07-004.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for General Plan and Special Conditional Use Pennit
#SCU07-004 for "the Lakes at Fairmont Greens, Section 9" to be located at the northeast comer of McCabe Road and
SH 146. The applicant seeks SCUP for single-family (special lot line) development in PUD zone.
~f?
ORDINANCE NO. 1501- vS
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 #SCU07-004 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.119 ACRES OF LAND, BEING TR 1A-1,
IN THE W. P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, TEXAS, FOR THE PURPOSE OF
DEVELOPING A SINGLE-FAMIL Y SPECIAL LOT RESIDENTIAL AT THE NORTHEAST OF McCABE
ROAD AND STATE HIGHWAY 146; 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 April, 2007, at 6:00 p.m. a public hearing was
held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the Question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such publiC hearing on April 19, 2007, the Planning
and Zoning Commission of the City of La Porte met In a 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 April 30, 2007, 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- VS
Page 2
"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 21st day of May, 2007, 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 conditions of said Special Conditional Use Pennit are as set forth in
the incorporated tenns of the Special Conditional Use Penn it, 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 Pennit are as follows, to-wit:
A 20.119 acre tract, described as TR 1A-1, W. P. Harris Survey, Abstract 30, La Porte,
Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, detennines, 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 officially finds, detennines, 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
ORDINANCE NO. 1501- V 5
Page 3
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the publiC as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this Ih..;21 day of m ~ . 2007<
CITY OF LA PORTE 0
By:~~.l~
ALTON PORTER, Mayor
ATTEST:
By: ~A:te,
MARTHA GILL , City Secre ry
APPRO~
By: T~
CLARK T. ASKINS, Assistant City Attorney
SCU07-004
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 April, 2007, 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 Pemtit #SCU07-004,
requested for 202: acres, described as TR lA-I, W. P. Harris Survey, A-30, LaPorte, Harris County,
Texas. The property is located at the northeast comer of State highway 146 and McCabe Road.
The owner, 65 La Porte Ltd., seeks to develop single-family special lot line development in the
Planned Unit Development (PUD) zoning district. In accordance with Section 106-216 of the Code
of Ordinances, a Special Conditional Use Pemtit (SCUP) is required for development in the PUD
zoning district.
A regular meeting of the Planning and Zoning Conunission will follow the public hearing. The
Conunission will act upon the public hearing items and conduct other matters.
Citizens wishing to address the Commission pro or con dwing the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, cMc
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) 471-5030 for further irifonnation,
~rrA
SCU07-004
20 S. 8th Street
THE STATE ()!: T!;.){AS torte, Texas 77571
, COUNTY OF HARRIS
NOTICE OF PUBLIC
HEARING
""',. B'.'......'
IUe,.
281-471-1234
Fax 281-471-5763
CITY OF LA PORTE)
In accordance with. the
provisions of Section
106-171 of the Code of
Ordinances of the City of
La Porte, and the provi-
sions of the Texas Local
Government Code, noticety of La Porte
is hereby,given that the La f H .
Porte Pla~ing and zoning)Unty 0 arns
Commissi will conduct a t f T
PUbai he ring at 6:003. e 0 exas
P.M. t 19th day of
Ap 1,0 'n the Council
Ch s ~ City Hall'fore me the undersigned authority on this date came and
604 West Falrmont Park-' ,
way, La Porte, Texas. )eared Lisa Godfrey, a duly authorized representative of The
The purpose of this hear- . .
ing is to consider Speci~1 'shore Sun, a semI-weekly newspaper published and generally
~~g~~~~4;u,~~eq~:~~~~.ributed in the City of La Porte, Harris County, Texas and who
for20+'acres, deSCrib~Ej..r being duly sworn swears the attached notice was published in
as TR 1A-1, W. p, Hams ,
Survey, A-30, La., Porte, VYShOre Sun dated J/ ~ J ,_ 0 P7
Harris County, Texas. ~
The property is located at ' ,
the northeast corner of
State highway 146 and ,
McCabe Road, The
owner, 65 La Porte LId"
seeks to develop
single~family special lot
line development in the Godfrey
Planned' Unit Develop-
ment (PUD) zoning dis-
trict. 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 Com~
mission will act upon the
public hearing iternsand
conduct other matterll,
subscribed before me this
,2007.
'- '1,1,d
day of
Citizens wishing to ad-
dress the Commission pro
or con during the public
hearing are required to
sign in before the meeting
is convened,
/]olj~L~
o '
yn Kellogg
y Public
3 County, Texas
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;
KAROLYN KELLOGG '
MY COMMISSION EXPIRES Il
Ap.ill1.2010 i!
4 .tJ~~~~
CITY OF LA PORTE
ommission Exprires April 11 , 2010
Martha Gillett,
TRMC, CMC
City Secretary
A quorum of City Council
, members may be present
'I and participate in discus-
. sions during this meeting,
~~B
City of La Porte
Established 1892
April 30, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU07-004
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Cormnission, during a regular meeting on April 19, 2007,
considered Special Conditional Use Permit #SCU07-004, for proposed Lakes at Fainnont Greens,
Section 9. 65 La Porte Ltd. (Arete Real Estate and Development Co.), seeks approval to develop a
single-family residential (special lot line) subdivision to be located at the southeast of State
Highway 146 and McCabe Road within a Planned Unit Development (PUO) zone.
After consideration, the Planning and Zoning Cormnission, by a unanimous vote, reconnnends
that City Council consider approval of Special Conditional Use Permit #SCU07 -004 with the
conditions as listed in the SCUP attached.
~p:~
Chairperson, Planning and Zoning Commission
c: John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
1IrHIBIT C
604 W. Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020
SCU07 -004
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 City cOlmcil will conduct a public hearing at 6:00 P.M. on the 21st day of May, 2007, in the
Council Chambers of City Hall, 604 West Fainront Parkway, La Porte, Texas. The purpose of this
hearing is to consider Special Conditional Use Permit #SCU07-004, requested for 2O:t acres,
described as TR lA-I, W. P. Harris Smvey, A-30, La Porte, Harris County, Texas. The property is
located at the northeast comer ot State~lflfa, 146 and McCabe Road. The owner, 65 La Porte
Ltd, seeks to develop single-family special lot line 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 City Council will follow the public hearing. The Council will act upon the
public hearing itetm and conduct other matters.
Citizens wishing to address the Council pro or con during the public hearing are required to sign in
before the meeting is convened
CITY OF LA PORTE
Martha Gillett, TRMc, cMc
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) 471-5030forfurther information.
~~.J
SCU07-004
THE STATE OF
~,.
COUNTY OF HARRIS
) S. 8th Street
rte, Texas 77571
CITY OF LA PORTE
NOTICE OF PUBLIC h
HEARING e
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 Govem-
ment Code, notice is
hereby given, that th~)f La Porte
La Porte City Council
will conduct a pUbliCty of Harris
hearing at 6:00 P.M.
on the 21st day of of Texas
May, 2007, in the
Council . Chambers' of
~~7rmo~all, pa:ay, W~e me, the undersigned authority, on this date came and
Porte Texas. The d L' G df d / th' d t t' f Th
urpo'se of this hear_ire Isa 0 rey, a u y au onze represen a Ive 0 . e
~. J'~ ':;lore Sun, a semi-weekly newspaper published and generally
Permit #SCU07-004,uted in the City of La Porte, Harris County, Texas and who
requested for 20+ . d / h h d' b/' h d .
acres, described ~s >erng u y sworn, swears t e attac e notIce was pu IS e In
TR 1A-1, W, p, Hams, h S d t d (:~
Surve A-30, La illYS ore n a e IJ - dJ -D"7 .
~ ;FU?V~' ,
MeCime '," ., The
owner, SPorte
Ltd., s t, velop
single-family , ..speci~odfrey
lot line development In
the Planned Unit De-
velopment (PUD)zon.
ing district, In ,accor-
dance with Section
106-216 of the Code
of Ordinances, a Spe:
cial Conditional Use
Permit (SCUP)is re- and
quired for develop-
ment in, the PUD zon. :-1"----,
ing district. ) )
A regular-meeting of .
the City Council will i
follow t,h h~e public, he, a~- '
ing,TI1e' Council Will .
act /UP,o, n the pUblicI I
hearing items and
conduct other matters. ! Kellogg
Citizens wishing to ad- Public
dress the, Council pro ;ounty Texas
or con dunng the pub- ,
lie hearing are re-
quired ,to '~n ,in ~-
fore the meeting IS
convened.
B
281-471-1234
Fax 281-471-5763
subscribed before me this
,2007.
,3,Ac/
day of
KAROLYN KEllOGG
MY COMMISSION EXPIRES
April 11, 2010
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CITY OF LA PORTE
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Imission Exprires Apri/11, 2010
MHI~n' r.:
This permit is issued to:
For Development of:
Legal Description:
Zoning:
Use:
Permit Conditions:
City of La Porte
Special Conditional Use Permit # SCU 07-004
65 La Porte Ltd. (Arete Real Estate and Development Co.)
Owners
340 N Sam Houston Parkway East. Suite#140 Houston. TX 77060
Address
Prooosed Lakes at Fairmont Greens. Section 9
Development Name
Located at SH 146 north of McCabe Road
Address
20 acres of land being located in the W.P. Harris Survey. A-30
City of La Porte. Harris County. Texas
Planned Unit Develooment (PUO)
SinQle-familv residential (Soecial Lot Line)
1. The development is restricted to 108 units based on single-family residential
special lot line parameters in the City's Code of Ordinances Section 106-333.
2. The Developer's Agreement shall determine driveway access on S.H. 146 must
be approved by TxDOT.
3. Building setbacks of 15'in lieu of 20' along public street rights-of-way and lot
areas of 4,000 sq. ft.
4. Lot coverage may range from 55% to 59%.
5. Any further redesign of the current layout of street rights-of-way, lot
configuration and building setbacks for this section require prior approval by
the Director of Planning.
6. 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.
7. This project and the General Plan will need to conform to the priniciples and
findings of the Taylor Bayou Watershed Plan.
8. The City's Parkland dedications will not apply. Park/open space areas will be
included in the protective covenenats and restrictions that these areas,
structures, lawns, open spaces and appropriate adjacent lands are private and
maintenance would be the responsibility of the PID and/or Homeowner
Association.
9. The perimeter landscaping, pedestrian paths, sidewalks and the drainage system
for Section 9 will be consistent with standards proposed for the Lakes at
Fairmont Greens Subdivision.
10. Construct a sound barrier wall and perimeter fencing along with landscaping/open
space consistent with the standards as stated in SCU#04-012; fmal plans to be
approved by the City.
11. Ensure pedstrian access to trails system from within the development without
entering McCabe Road right-of-way or SH 146.
12. Submit the Developer's Agreement and Conditions, Covenatnts and
Restrictions (CCRs) for the said subdivision to City Council for approval prior
to submitting the final plat to the Planning and Zoning Commision for
approval.
13. Section 9 will be included within the Homeowners Association created for the
adjacent singe-family development.
14. Consider a mixture of 3 and 4 bedroom units in consideration of the impact on
LPISD.
15. Architecture of units must be approved by the City of La Porte.
16. Development requires alleys and rear access (privately maintained) to garages
and 50' ROWs. Alleys are to be 20' ROW with 12' pavement and signed for
one way access. All lots will be serviced by alley access. Provisions must be
stated in the CCRs.
17. Development requires landscaping of individual lots and trees in rear yards of
lots along McCabe Road and State Highway 146.
18. Landscaping is required along the entire length of the development bordering
McCabe Road.
19. Irrigation sytem shall be provided to allow establishment of all
landscaping! plant material.
20. Provide for school bus turnarounds and bus stops if applicable.
21. Ensure that planned amenities (parks, playgrounds and equipment, etc.) are
constructed and maintained by the PID.
22. Ensure access easements are provided to allow maintenance ofthe Taylor
Bayou.
23. Verify width of the pedestrian bridge over Taylor Bayou is consistent with the
hike and bike trails 8' wide.
24. Plans for the pedestrian, hike and bike trails shall be submitted to the City prior
to the final plat approval.
25. The developer shall comply with all 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.
validat,ion ~te: t,- - Z ''If?
f' I /
, ) ,.J
L~;ect~~a:n~cyr-
'11f1ftf /{/4!-
ity Secretary
StatfReport
Aprll19, 2007
Lakes at Fairmont Greens (See-9)
SpedaI Conditional Use Permit #SCU 07-004
Reauest:
Reauested Bv:
Reauested For:
Present Zonin~:
Reauested Use:
Badmround:
Approval of a Special Conditional Use Permit (SCUP) and General Plan for
a lO8-units single-family development (special lot). This request is in
addition to the existing SCUP #04-012 and General Plan approved for the
development of Lakes at Fairmont Greens.
65 La Porte, Ltd, (Arete Real Estate & Development Corporation)
20:!:: acres ofland located in the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. This property is located at the northeast comer of McCabe
Road at State Highway 146. It is bounded on the east by the Taylor Bayou
and Bay Forest Golf Course. On the north, it is adjacent to the Lakes at
Fairmont Greens, Section 1, a proposed single-family residential
development surrounding Bay Forest Golf Course.
Planned Unit Development (PUD)
Single-Family Residential Development, special/zero lot line (108 units)
As per definition, single-family dwelling special lot means any residential lot
for single-family purposes with an area of less than 6,000 square feet, but
equal or greater than 4,500 square feet. Since this is a new concept for this
City and within a PUD, the Staff focused on the merits of the concept
presented and not on the definition of single-family development.
Since the land use has not been firmly establish~ this tract requires a new
Special Conditional Use Permit.
The Arete Real Estate Co. and John Hettig submitted a General Plan and
Special Conditional Use Permit SCU#03-oo2 for :1:150 acres located at State
High 146 just south of the Baypoint Townhomes and west of the Bay Forest
Golf Course. The General Plan proposed single-fannly residential, multi-
family residential, and neighborhood connnercial uses within the Planned
Unit Development zoning district (PUD).
Based upon the initial General Plan, SCU#03-002, including the multi-
family portion of the development, was approved in 2003 as a joint venture.
Integrated into the plan was a land swap of 20+/- acre tract at the northeast
comer of McCabe Road and SoH. 146. As ajoint venture, it was envisioned
that a land swap between the two developers would benefit the entire plan.
With both the land swap and portion of the project held in abeyance, the
current developer requested a new Special Conditional Use Permit #SCUM-
012 along with a new General Plan without the land swap or the muhi-
L@FG, Sec.9
SCU07-004
April 19, 2007
Page 2 of6
Analvsis:
family development. The new submittal was for a new General Plan, dated
June 2004, for 411 lots and 18 Reserves on 135.4 acres. The existing
General Plan excludes the 20+ acres ofland adjacent to, and north of Section
5, south of Section 7 and bordering State Highway 146.
During the April 21, 2005, meeting, the Connnission granted a one-year
time extension of the General Plan and SCUP for the Lakes at Fairmont
Greens. The Planning and Zoning Commission, at the February 2, 2006
special called meeting, approved a Preliminary Plat of the proposed Lakes at
Fairmont Greens, Section 1 Subdivision followed by approval of the Final
Plat at the March 16, 2006, meeting.
During the March 15, 2007, meeting, the Commission considered a
preliminary plat for Section 9. The proposed land use and other
provisions of the Planned Unit Development (PUD) require approval by
the City. Earlier, the project was considered in light of the existing
Special Conditional Use Permit and General Plan approved by both the
Planning and Zoning Connnission and City Council. Since, the intended
development is a deviation of the approved General Plan and SCUP, the
developer requested to withdraw the preliminary plat.
Development in a PUD zoning district requires that a General Plan 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 authorize the applicant to begin
construction of the project.
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. The previously proposed multi-family development section at McCabe
Road and State Highway 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
subject to approval by the City. The proposed project is now single-family
(special lot line),
· Streets, Access, & Layout - The layout shows public streets with
50'rights-of-way with 28' paved streets and 20' wide alleys with 12' of
pavement to allow rear access to the home sites. Alleys will be one-way.
One point of access is shown along frontage road of State Highway 146
L@FG, Sec.9
SCU07-004
April 19, 2007
Page 3 of6
and another along McCabe Road Proposed access along State Highway
146 is subject to TxOOT driveway location criteria, traffic volume, and
speed limitation along highways and will require TxDOT approval.
The home sites are laid out on a special lot line concept. The plan shows
building setbacks of 15' along all public streets as compared to 20'
building setbacks under the normal zoning criteria outside of Planned
Unit Development (PUD). The alley adjacent to the Taylor Bayou will
have overlapping easements with 8' wide paving for a hike and bike trail,
overlapping with 9' wide sanitary sewer easement between edge of the
alley and top bank of the bayou. The maintenance will have to be
coordinated and established between the City, the Public Infrastructure
Department and the Homeowner's Association.
· 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 6.0 units per acre to approximately 20 acres, this
property may yield approximately 120 dwelling units. The current plan
designates four blocks and 108 single-family residential lots, the density
equals 5.4 dwelling units/acre. The plan shows the average lot size of
50'x 80' (4,000 sq. ft.), less than a minimum lot size of 4,500 sq. ft.
permitted under the nonnal zoning criteria for single-family special lot
line. The allowable lot coverage equals 60%, per Section 106-333, Table
B, Residential Area Requirements. This development proposes a lot
coverage range of 55% - 59%.
· Utilities - There are sufficient water distrIbution facilities along frontage
road of State Highway 146 and McCabe Road to supply potable water
and flfe protection to this proposed project. Currently, sanitary sewer
service is not available to this site. As per City's master sewer plan for
the area, extension of the Southeast Sanitary Sewer Trunk Main and Lift
Station facilities are under construction through a Developer's
Agreement and specifications prepared by the developer's engineer.
The City has agreed to the construction and installation of an extension
of its utility main to said property connnencing at the nearest existing
utility main of sufficient size and capacity. Given that this development
is within TIRZ 1, the City is participating with the TIRZ on the said
project. The developer is responsible for providing all on-site
infrastructure or improvements to acconnnodate the subdivision water
and sanitary sewer needs. The design and construction of all water and
sewer systems shall be in conformance with the City's approved Public
Improvement Criteria Manual (PICM).
L@FG, Sec.9
SCU07-004
April 19, 2007
Page 4 of6
. Drainage - The proposed development lies within the Taylor Bayou
Watershed. The channel improvements will directly receive
stonnwater runoff from this development. The City of La Porte has a
master drainage plan for the Taylor Bayou Watershed in conjunction
with the development to the west of State Highway 146. The 110'
wide HCFCD drainage easement will be abandoned by Harris County
and that reserve will be dedicated to public domain. The City is
responsible agent for its maintenance through the declaration of
protective covenants and agreements for the Lakes at Fairmont Greens
Subdivision. Protective covenants and restrictions should clearly
delineate the responsibility and the maintenance of this reserve.
. Parks and Open Space - The plan shows a few pocket parks and open
spaces in and around the proposed development. Reserve A is
restricted for open space, park, and recreation activities and shall be
developed and maintained by the HOA. If approved, the City's
Parkland dedications and fee will not apply and the development
proposal should include in its protective covenants and restrictions that
these areas are private and maintenance would be the responsibility of
the Homeowner Association.
. Maintenance Issues - Staff analyzed the nature of this new
development, evaluated pros and cons associated with this kind of
development, and impact to the corrnnunity. Overall density may not be
an issue, but there is a concern about maintenance of public services.
Visitor parking is unknown and increase in traffic or number of parked
cars along the public rights-of-way may contribute to the difficulty of
monitoring the safety of the development. These issues must be
addressed in the developer's agreement.
· Miscellaneous Issues - In this location and surrounding ar~ the
Corrnnission and the TIRZ have promoted development of a character
and type that exceeds the typical development seen in the comnmnity.
The particular location is at a primary gateway to La Porte. Building
design standards need to be submitted to the City for review.
. Sidewalks - Section 5.02 of the Development Ordinance empowers the
Corrnnission to require pedestrian sidewalks when it feels their inclusion
will serve the public interest. Staff would reconnnend the inclusion of
sidewalks within the subdivision. Responsibility for construction of the
sidewalks should be specified by covenant and stated on the face of the
plat.
. Pedestrianlbicycle trails - As per approved General Plan and SCUP
for the Lakes at Fairmont Greens, the developer bas incorporated 8' wide
L@FG, Sec.9
SCU07~004
April 19, 2007
Page 5 of6
pedestrianlbicycle trails along the north and eastern lines of the
subdivision within 20' easement adjacent to the Taylor Bayou, with a
connection through the pedestrian bridge. Staff suggests that width of the
bridge should be consistent with the 8' wide hike and bike trails. A
detailed drawing showing pedestrianlbicycle trails throughout the
subdivision shall be submitted to the City prior to the final plat approval.
Reeommendation: While the project is a change to the Special Conditional Use Permit and
General Plan earlier approved by both the Planning and Zoning Commission
and City Council, through weeks of coordination staff believes that this
project is ready for review by the Commission. If approved by the
Commission, this SCUP allows:
· The development is restricted to 108 units based on single-family
special lot line/zero lot line parameters in the City's Code of
Ordinances 106-333.
· The driveway access on SoH. 146 must be approved by TxDOT.
· Building setbacks of 15'in lieu of 20' along public street rights-of-
way and lot areas of 4,000 sq. ft.
. Lot coverage may range from 55% to 59%.
. Any further redesign of the current layout of street rights-of-way,
lot configuration and building setbacks for this section require
prior approval by the Director of Planning.
· 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.
. This project and the General Plan will need to conform to the
priniciples and findings of the Taylor Bayou Watershed Plan.
. The City's Parkland dedications will not apply. Park/open space
areas will be included in the protective covenenats and restrictions
that these areas, structures, lawns, open spaces and appropriate
adjacent lands are private and maintenance would be the
responsibility of the Homeowner Association.
· The perimeter landscaping, pedestrian paths, sidewalks and the
drainage system for Section 9 will be consistent with standards
proposed for the Lakes at Fairmont Greens Subdivision.
· Construct a sound barrier wall along with landscaping/open space
consistent with the north development.
· Ensure pedstrian access to trails system from within the development
without entering McCabe Road right-of-way or SH 146.
. Submit the Development Agreement, plat, covenatnts and
restrictions etc. for the said subdivision.
. Section 9 will be included within the Homeowners Association
created for the adjacent singe-family development.
L@FG, Sec.9
SCU07-004
April 19, 2007
Page 6 of6
. Consider a mixture of 3 and 4 bedroom units in consideration of
the impact on LPISD.
. Architecture of units must be approved by the City of La Porte.
. Development requires alleys and rear access (privately maintained)
to garages and 50' ROWs. Alleys are to be 20' ROW with 12'
pavement and signed for one way access. All lots will be serviced
by alley access. Provisions must be stated in the CCRs.
. Development requires landscaping of individual lots and tress in
rear yards of lots along McCabe Road and State Highway 146.
. Landscaping is required along the entire length of the development
bordering McCabe Road.
. Irrigation sytem shall be provided to allow establishment
of alllandscapingl plant material.
. Provide for school bus turnarounds and bus stops.
. Ensure that planned amenities (parks, playgrounds and equipment,
etc.) are constructed and maintained by the HOA.
. Ensure adequate easements are provided to allow maintenance of
the Taylor Bayou.
. Verify width of the pedestrian bridge over Taylor Bayou is
consistent with the hike and bike trails 8' wide.
. Plans for the pedestrian, hike and bike trails shall be submitted to
the City prior to the final plat approval
. Comply with all applicable laws and ordinances of the City of La
Porte and the State of Texas.
Options available to the Commission are as follows:
. Recommend to Council approval ofSCUP #07-004 and general plan. If
approval is reconnnended, a draft SCUP is attached for the
Commission's consideration.
. Recommend to Council denial ofSCUP #07-004 and the general plan.
. Table SCUP #07-004 and the General Plan.
. The Commission may also continue the Public Hearing to a future date.
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CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
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