HomeMy WebLinkAboutO-2004-1501-KKK not approved
City of La Porte
Interoffice Memorandum
To:
Mayor and City Council
Debra B. Feazelle, City Manager
From:
John Joerns, Assistant City Man e
cc:
Cynthia Alexander, Assistant City anager
Nick Finan, Interim Planning Director
Date:
April 21, 2004
Subject:
Request to Withdraw Council Agenda Item Relating to SCUP for Multi-Family
Development at Southeast Corner of McCabe Road and SH146
RE: Planning and Zoning Recommendation to Deny
Yesterday afternoon the City Secretary's office received a verbal request from the Burchfield
Companies to withdraw this item from the April 26 Council Agenda. The question of withdrawing an
item/recommendation from Planning and Zoning Commission was passed on to me.
After visiting with John Armstrong, the following points are prepared for Council's consideration:
o The applicant has the right to request a withdrawal. However, the City Council has the right to
act on Planning and Zoning Commission's recommendation to them.
o Public Hearing Notice has gone out, the Public has right to show up and be heard.
o It would be up to Council to:
o Accept applicant's request to withdraw (and to remand back to Planning and Zoning
Commission to further address issues).
o Act on the recommendation of Planning and Zoning Commission:
· To deny (simple majority)
· Or approve (overturn Planning and Zoning Commission recommendation to
deny, which takes super majority)
· Approval could include a list of conditions provided and/or added to by Council
If Council acts on Planning and Zoning Commission's recommendation to deny - it is 6 months before
they can re-apply.
~
w. G. Burchfield & Bro. #
Real Estate Brokerage and Related Services
April 26, 2004
City Council
City of La Porte
Re: Preserve at Taylor Bayou Development
Dear Council Members:
We have been working very hard with the La Porte planning and engineering staff
to bring them the information that they have requested in pursuit of our desire to bring a
park and a quality development to La Porte. Unfortunately, some of this information
must flow from public sources like the Corps of Engineers and the County of Harris -
whose time tables are beyond our control. We remain aggressively positive that the
information is forthcoming that will satisfy all of the various segments of the City of La
Porte. We would humbly request that our requests to the City be returned back to P & Z
such that we can obtain the requisite information to complete our applications in the
manner satisfactory to all concerned.
We thank you in advance for your consideration.
W. G. Burchfield & Bro.
Burchfield Development
Preserve at ~lor B
Cc: Debra Feazelle, City Manager
Cc: John Joerns, Assistant City Manager
Cc: Robert Cummings, Supervising Engineer
Cc: Wayne Sabo, City Planner
Cc: Nick Finan, Interim Planning Director
2123 W.Governors Circle, Ste. 400 Houston, Texas 77092 (713) 956-0555; Fax (713)956-0166
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Nick Finan
Appropriation
Agenda Date Requested: April 26. 2004
Budgeted Items:
N/A
N/A
N/A
N/A
YES NO
Source of Funds:
Department: Plannin2
Account Number:
Report: x Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance
Staff Report to P&Z
Area Map
Zoning Map
General Plan
Site Plan
Amount Requested:
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its March 29,2004, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU04-003. The request, submitted by Mr. Robert
Burchfield, seeks approval of a General Plan and a Special Conditional Use Permit (SCUP). The General Plan is for
the entire :1:107 acre tract and the SCUP is for multi-family residential development consisting of 28.43 acres to be
known as the Preserve at Taylor Bayou, which is to be built in two phases. The property is located at the southeast
corner of SH 146 and McCabe Road.
Originally, the General Plan demonstrated that 77.5 acres out of 107 acres would need to be preserved in perpetuity
as a Conservation Easement based on a permit the applicant received from the US Army Corps of Engineers. The
remaining developable acreage showed 28.5 acres proposed as high-density residential in the PUD zone.
A detailed analysis of this project as originally presented was provided to the Planning and Zoning Commission.
Several years ago, the Commission and Council approved a General Plan and SCUP for this location. A I-year
extension was granted in year 2001, however, no construction occurred and the permit expired in 2002. In addition,
the applicant has failed to comply with several of the requests from previous P&Z meetings. Most notably, Corp's
approval of sewer line and lift station, finance letter, and commitment letter on the Preserve.
Recently the Commission and City Council adopted new multi-family development regulations. The regulations
established a 180-units maximum limit with a density of 14 units/acre. Based on the area calculations, the density
here comes out to be 14.70 units/acre with the number of units proposed for phases I and 2 as 198 and 220
respectively. Therefore, the total is 418 units, exceeding the amount allowed by the ordinance
The Planning and Zoning Commission, by 4-1 vote; (4 in favor, I opposed, and the chair abstained) recommended
disapproval of Special Conditional Use Permit #SCU04-003. City Council may overrule the Commission's
recommendation and approve the Special Conditional Use Permit request. 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 28.43 acres ofland located at the southeast
corner of McCabe Road and SH. 146. The applicant, Mr. Robert Burchfield, seeks SCUP for multi-family
development in PUD zone.
{L
Debra B. FeazeUe, City Man
~~2J~ J~
Date
D II!, (Jllla net
r1ro1 AfPbJ f d
ORNINANCE NO. 1501-KJ(i...
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 28.43 ACRES IN THE
1200 BLOCK OF McCABE ROAD, BEING TRS 8, 8A, 5F-1, 49A, & 9B, ABSTRACT 30, W. P.
HARRIS SURVEY, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING A MULTI-FAMILY DEVELOPMENT 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;
WIIS
(//20/01
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 29th day of March, 2004, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant
to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on March 29, 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 March 30, 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. lSOl-~
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 26th day of April, 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 attached hereto as Exhibit "F". The description of said parcels of
land classified pursuant to said Special Conditional Use Permit are as follows, to-wit:
TRS. 8, 8A, 5F-1, 49A and 9B, 28.43 acres along McCabe Road and easterly right-of-way
line of State Highway 146, W. P. Harris Survey, Abstract 30, 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's Comprehensive Plan.
ORDINANCE NO. 1501-(((
Page 3
"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
Govemment 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 the
day of April, 2004.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
Of O/r7t1 flCG U);f5
f/ (}I !l-lfrbV t ti i./ Ilb I iJ r
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 24th day
of March, 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 #SCD04-003,
requested for property located south of McCabe Road and the easterly right-of-way line of State
Highway 146; being TRS 8, 8A, SF-I, 49A, & 9B of the W. P. Harris Survey, Abstract 30, La
Porte, Harris County, Texas. The applicant, Robert Burchfield, of Burchfield Development, L.P.,
seeks to develop a multi-family residential on approx. 28.43 acres in the Planned Unit Development
(PUD) zoning district. In accordance with Section 106-216 of the Code of Ordinances, a Special
Conditional Use Permit is required for development in the PUD 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
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.
{~XH'Brr A
THE STATE OF TEXAS
,~:;' ,:
COUN~.flRIS"-" -
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C!,l)'pF~LA \9~T~~~ !I
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NOTICE OF PUBLIC ('
HEARING.;'" ' i~
.. .
if .".
"~ ;.;
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In accordance with the '~
provisions of Section 1 06- j~
171 of the Code of Ordi. i~
nances of the City of La U
Porte and the provisions of l~
T I,.
the exas Local Govern- i,
ment Code, noti.ceisiere.!~
by given that the La rte l~
Planning and Zoning, m- l~
mission will conduct a'pub-I,
lie hearing at 6:00 P"~ on !t
the 24th day of M,arch,)~
200y~ the Council ;Ii
ChaTnQlilf~. of ity HaH, 604. i~
West Fai. t Parkway i~
La Po~, as. Th~f.l ~~
pose 6f thl hearin '. .-
consider... Po c~., I Cona;.
tlonal s, Permi
#SCU04. 03 . queste
for property ed sout
of McCabe Road and the
easterly right-at-way line of
State Highway 146; being
TRS 8, 8A. 5F-1, 4!iA, &
96 of the W. P. Harris Sur-
vey, Abstract 30, La. Rtl.2.r rte,
Harris County, Texas.~qhe
applicant, Robert Strch.
field, at BurChfield Divel.
opment, L.P., seeks to de-
velop a multi.family resi-
dential on approx. 28.43
acres in the Planned Unit '
Development (PUD) zon.
ing district. In accordance
with SectiO(l ..106-21~~'Of
the Code of9ri:linanc~
Special Conditional' else
Permit is required for de.
~elopment in the PUD_zQ,n; j
Ing district..-. --
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s!
A regular m~,etin.. 9..' o. tt the ~
Planning and Zoning pom- ~
mission will foHow the' pub. ~
lic hearing. The Commis- ~
sian will act upon the pub- ~..
lie hearing items and con-
duct other matters. ~
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This facility has disability ~.
accommodations availa-"
ble. Requests for accom. ~
modations or inte~pretive I'
.'
services at meetings'
should be made 48 hours 1
prior to the meeting. ~.
Please contact the City S
Secretarv's office at (281) "
Citizens wishing to ad.
dress 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
~trcct
; 77571
If-
~ Ba~slDre
'Serrillg The BayslLOre Area Since 1947'
er3igned authority, on this date
d ! ~arolyn Kellogg, 8 duly authorized
1E: Bayshore Sun, a semi-\Neekly
2d and generally distributed in the
:m s County, Texas 8nd who
orr:, swears the attached notice was
:ly:hore Sun dated 3 /0 ~ /0 ~
rolyn Kellogg
uthorizccl Represeht8tive
bee before me this / J- -(If day of (~
~~~ ~O~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
281-471-123-1
'ax: 281-471-5763
;Sun
,2004-
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?:XHIBIT 13
-II
City of La Porte
Established 1892
March 30,2004
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU04-003
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on
March 29, 2004, held a public hearing to consider Special Conditional Use Permit
#SCU 04-003. The applicant, Mr. Robert Burchfield, seeks approval to allow a
multi-family development on approximately 28.43 acres of land located in the
1200 Block of McCabe Road. The property is zoned Planned Unit Development
(PUD).
After careful consideration, the Planning and Zoning Commission, by a 4-1 vote;
(4 in favor, 1 opposed, and the Chair abstained) recommended that City Council
consider disapproval of Special Conditional Use Permit #SCU04-003.
Respectfully submitted,
i~a:: uJduJ
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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 Council will conduct a public hearing at 6:00 P.M. on the 26th day of April, 2004, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose ofthis
hearing is to consider Special Conditional Use Permit #SCU04-003, requested for property located
in the 1200 block of McCabe Road and the easterly right-of-way line of State Highway 146; being
TRS 8, 8A, SF-I, 49A, & 9B of the W. P. Harris Survey, Abstract 30, La Porte, Harris County,
Texas. The applicant, Robert Burchfield, of Burchfield Development, L.P., seeks to develop a
multi-family residential on approx. 28.43 acres in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit is required for development in the PUD zoning district.
A regular meeting ofthe 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 LAPORTE
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 information.
~H~err 1)
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
18th 5- treet
fexas 77571
NOTICE OF PUBLIC
HEARING
~'.
Ba~S~Dre
In accordance with the
provlsi s of Section 106- e
111 of he Code of Ordi- '
naof the City of La
P o..rt.e~ d te prOV.iSiO ns of
the T a Local Govem-
ment 0 , notice is here-
by given hat traiPorte
CitY Co ' ill co uct a
public ~f'. nr at 6: P.M.
on the . ~ay of ' April,
2004, in the . Council
Chambers of City Hall, 604
West Fairmont Parkway, ::
La Porte, Texas, The pur- "
pose of this hearing is to b
consider Special Condi-
eil will act upon the public
hearing items and conduct , "
other matters, :) under::;igned authOrity, on this date
)eared ! :arolyn Kellogg, a duly authorized
Citizens wishing to ad- of The Bayshore Sun, a semi-weekly
dress the Council pro or bl' h d d . II d' t 'b t d' th
con during the publiC hear- IS e an genera Y IS rI U e In 8
ing are required, to ~ign in:e Harr s County Texas and 'Nho
before the meeting IS con- I . , ,
vened, Iy swon" swears the attached notice was
he Bay:hore Sun dated 04-10'7 / 0 1
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability
accommodations availa-
ble. Requests for accom-
modations 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
information, b 'b
scn ec
'Serving The Bayshore Area Since 1947'
arolyn Kellogg
Authorized Representative
before me this / 3 f!/ day of ~
.~~1. ~(f~
Scmdra E, Bumgarner
Notary Public
Harris County, TexCls
281-471-123-1
. 'ax: 281-471-5763
,~
I~Un
, 2004-
')
~'B1T ~
"Draft"
City of La Porte
Special Conditional Use Permit # SCU 04-003
This permit is issued to:
Robert Burchfield
Owner or Agent
2123 W. Governor's Circle #400 Houston. TX 77092
Address
For Development of:
Preserve at TaYlor Bayou (Multi-family development)
Development Name
1200 Block of McCabe Rd. em SH 146. La Porte. TX
Address
Legal Description:
28.43 acre tract out of 107 acre tract of land. W.P. Harris Survey
Abstract-30. La Porte. Harris County. Texas
Zoning:
Planned Unit Development (PUD)
Use:
Multi-family development
Permit Conditions:
1. The overall density of the project shall not exceed 14 dwelling units per acre.
2. The applicant must adhere to the terms and regulations provided for multi-family development
except for the following: units per acre, 180-unit limit, and 1000' spacing requirement.
3. The applicant/developer shall be responsible for the maintenance of the 77 .52 Conservation
Easement.
4. The public shall have access to the Conservation Area using trails that are constructed and
maintained by the applicant/developer.
5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by
the owner/developer.
6. If approved the design of the detention will be reviewed by staff to ensure consistency with
ordinances and the Taylor Bayou Watershed Plan
7. The developer shall contribute to traffic calming devices/tools (Le. right turn lane) to ensure that
traffic congestion does occur as a result of his project.
8. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or
seek an approved alternate.
9. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission ofthe
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
~IBIT F
Staff Report
Preserve at Taylor Bayou
General Plan &
Special Conditional Use Permit #SCU 04-003
March 24, 2004
Reouest:
Reouested Bv:
Reouested For:
Present Zonine:
Reouested Use:
Back2round:
Approval of General Plan and Special Conditional Use Permit (SCUP) for 107:t acre
tract.
Mr. Robert Burchfield, Burchfield Development, L.P.
A 107-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County,
Texas. This property is further described as being located in the 1200 Block of
McCabe Road.
Planned Unit Development (PUD) (28.43 Ac), Neighborhood Commercial (1.35 Ac)
and Single Family Residential (77.41 Ac)
Multi-Family Residential in PUD
Neighborhood Commercial and Nature Preserve
Note: Although the application is not clear and specific, the above information was
compiled based on the General Plan that was submitted.
The General Plan proposed the following:
Block 1 (PUD) 28.43 Ac
Phase I 198 units
Phase II 220 units
T ota! 418 units
Density 14.7 units! Ac
This property is located at the southeast corner of SH 146 and McCabe Road. It is
bounded on the east by Shady River Subdivision and on the south by Shoreacres.
Several years ago, the Commission and Council approved a General Plan and
Special Conditional Use Permit (SCUP) for this location. The previous SCUP only
provided for development of 16 acres and 100 unit Apartment Complex. In 2001, a
one year extension was granted; however, no construction occurred and the permit
expired in November 2002.
The applicant's current General Plan is dated 3/17/04 and the application for SCUP
was received on 3/01/04. Mr. Burchfield has made several presentations to the
Planning and Zoning Commission and City Council regarding his proposed
development. Those presentations have centered on 40o:t apartment units and a 77:l.
Ac nature preserve. The proposed development included a 4-acre detention
pond/water feature surrounded by jogging trails, and play areas.
Based on these earlier presentations the staff sent two letters to Mr. Burchfield
(attached).
PreseIVe at Taylor Bayou
March 24, 2004
Page 2 of5
In General:
Analvsis:
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. Upon approval of the General Plan and SCUP the
applicant would be authorized to submit a Major Development Site Plan and/or a
preliminary plat. The Site Plan and/or plat will be reviewed and acted upon by the
Commission. Approval of the Major Development Site Plan and/or plat would
allow the applicant to submit building plans for review and then 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:
. Uses - Review of the City's Land Use Plan indicates this 107-acre area was
envisioned as developing as low density residential with a small comer for
commercial uses. However, this proposed apartment development is not
considered to be low-density residential. The comer commercial (1.35 Ac) is
consistent with the City's Land Use Plan.
. Streets - The proposed development is located at the comer of SH 146 and
McCabe Road The developer is proposing two points of entrance/exit off
McCabe Road. In addition, TxDOT has a plan for the right turn lanes, which
would also lessen the potential for congestion along McCabe and SH 146. These
measures will also be beneficial as traffic congestion could be compounded with
the addition of other low and high-density residential developments just north of
this project.
Traffic Analysis: The applicant has submitted a traffic analysis study report.
The report takes into account full development of 418 apartments for a build-
out in 2007. Phase I is 198 apartments (2005); Phase II is 220 apartments
(2007). It also includes the Commercial Strip Center and Nature Preserve as
an estimate with no other detail of their nature.
The sampling was 11 hours (0700-1800 hours) on January 22, 2004, and
accounts for McCabe Rd. from the East and West, and Northbound SH 146
Mainlane. This sample is relatively light since it appears to have been
conducted only once. Most surveys take multiple days (at least two).
The study mentions the future TxDOT Highway 146 improvements, but
concludes no impact on the study or development.
The study gives a cursory mention of other developments but generalizes a
5% annual growth and takes that factor into the estimates for the survey. That
rate is average for the HGAC region although local estimates can be much
higher. The growth, according to the study, will not have a significant impact
on the development or the traffic flow in relation to level-of-service ratings
because of the limited access between McCabe Road and SH 146 now and in
the future.
With Level-Of-Service (LOS) A being the best, LOS D being acceptable and
LOS F being severely congested service, the study cites that the development,
Preserve at Taylor Bayou
March 24, 2004
Page 3 of5
given the parameters stated above, will rate no worse than LOS Band
concludes no adverse impact for this development.
. Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development.
. 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 (Section 106-333) to 107 acres, Mr. Burchfield feels the property could
yield approximately 514 single-family units. This current plan designates only
28 acres to be developed as multi-family residential. Applying a density of 14
units per acre, this yields 398 units. So, an additional 2 units as a density bonus
would need to be allowed for this project.
. Utilities - There are sufficient water distribution facilities along McCabe Road
to supply potable water and fire protection to this proposed project. Provisions
will have to be made to ensure that sufficient utility extensions can be made to
serve this development. Sanitary sewer service is not readily available to this
site. There is a sewer force main located along the south line of this property that
transports sewer to the Gulf Coast Waste Disposal Authority plant.
The City prepared a long-term sanitary sewer master plan for providing sewer
service to unserved areas of southeast La Porte. The master plan calls for the
elimination of a lift station #12 and new lift station to be constructed near the
comer of intersection of AI04 and McCabe Road. This master plan has been
provided to Mr. Burchfield's consultant (and to Arete's consultant).
Per the SCUP and Development Agreement and/or future approvals of the plats
and construction drawings will need to be in accordance with this plan or agreed
modifications.
. Drainage - This property lies within the Taylor Bayou Watershed. The City has
a master drainage plan for the Taylor Bayou Watershed that was performed by
the Civil Tech Last year. The plan calls for regional detention for this area.
Efforts should be made to work with the developer north of McCabe Road
towards the implementation of this master drainage plan. However, there are not
sufficient channel improvements to directly receive storm water runoff from this
project. The plan shows that storm water will be managed using a 4-acre
detention basin system. If approved the design of the detention will be reviewed
by staff to insure consistency with ordinances and the Taylor Bayou Watershed
Plan.
. Nature Preserve - The applicant is willing to dedicate approximately 77.5 ac
nature preserve to the City. While the issues are being worked towards
resolution, several questions remain. In order to determine whether a concept
of dedicating "The Preserve" to the City of La Porte is in line with the Parks
Master Plan 2002 or even desirable. the con cent needs to be nresented in more
Preserve at Taylor Bayou
March 24, 2004
Page 4 of 5
details, including the exact layout, trail materials used, other structures being
built (e.g. decks, benches etc., if any) and estimated yearly maintenance costs
to see if the acquisition is in line with the City's projected budget. The City
would also require a detailed, formal dedication instrument to review before
considering final acceptance of the concept.
The City only recently received some of this material and is beginning its review
of the guidelines for acceptance. There appears, at this point, to be no funding
for development or maintenance.
New Multi-Family Regulations - Recently the Commission and City Council
adopted new multi-family development regulations. The regulations established
new requirements for open space/recreation amenities, maintenance, spacing
requirements between multi-family developments, a 180 unit maximum, 14 units
per acre density, and ingress/egress. When developed in PUD zoning district, the
Commission may follow the regulations of the district or allow for some
flexibility and creativity. Therefore, strict adherence to the aforementioned
requirements is not required.
However, staff generally uses the applicable zoning district guidelines as the
basis for reviewing development requests.
In this case the project would not meet
· The density standard of 14 units/ Ac
· The total number of units, 180 units maximum.
· The spacing from another multi-family development (across McCabe
Road, SCUP #03-002 density yet to be determined)
Recommendation: Staff finds it difficult to recommend this SCUP #04-003 without reservations.
· The apartment (multi-family) standards would not be met. This is a significant
policy departure decision for Planning and Zoning Commission and City
Council.
· Although the General Plan may be administratively complete there are several
items from the previous letters that have not been addressed by the applicant.
· There are a number of issues relating to the conservation area that staff is just
now learning and is not fully comfortable with at this time.
· If the Commission is inclined to approve the SCUP request we suggest a very
thorough SCUP with conditions. A draft SCUP is attached as a beginning
point. The following conditions are included.
1. The nature preserve "conservation easement" ownership and responsibility
for its maintenance must be established.
2. The overall density of the project shall not exceed 14 dwelling units per
acre.
3. The public shall have access to the Conservation Area using trails that are
constructed and maintained by the applicant/developer.
Preserve at Taylor Bayou
March 24, 2004
Page 5 of5
4. Provide an irrigation system to ensure that all landscaping and screening is
properly maintained by the owner/developer.
5. The owner/applicant must construct a lift station and dedicate an easement
to the City at Taylor Bayou and McCabe for the City's future regional lift
station.
6. The developer shall contribute to traffic calming devices/tools (i.e. right
turn lane) to ensure that traffic congestion does not occur as a result of his
project.
7. The applicant must secure a maintenance bond, according to the City's
multi-family provisions, or seek an approved alternate.
Options available to the Commission are:
. Recommend to Council approval of this SCUP and the Draft SCUP #04-003.
. Recommend to Council approval of this SCUP with additional conditions.
. Recommend to Council denial of this SCUP.
. Continue the public hearing at the Commission's next regular meeting to allow
further study ofthis item. This results in tabling any action on this item.
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Page 1 of]
Finan, Nick
From: Tim Smith [tim_h_smith@yahoo.com]
Sent: Monday, April 26, 2004 12:47 PM
To: finann@ci.la-porte.tx.us
Subject: City Council Meeting for 4-46-04
Mr. Finann,
G. Barron Rush, Jr. requests that the Fair Mist Apartments item on the City Council Meeting for April
26, 2004 be removed from the agenda. The developer is withdrawing his request for rezoning of the 18
acres on Canada Road and intends to resubmit a new development plan to planning and zoning. If you
need other information or written requests from us, let me know. Thank you for you time.
Sincerely,
Tim Smith
Development Coordinator
Barron Builder's and Management
Tim Smith
Tax Credit Consultant
281.363.8705
281.367.8414 (fax)
/
4/26/2004