HomeMy WebLinkAboutO-2005-1501-W4 scup05-008 amending 05-004
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 12. 2005
Requested By: WavueJ. s~1fI/
Department: Planninl!
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Ordinance
Area Map
Staff Report to P&Z
Amended General Plan
Amount Requested:
N/A
Budgeted Items:
YES
NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its November 17, 2005, meeting, held a public hearing to receive
citizen comments regarding Special Conditional Use Permit Request #SCU05-008(amending #SCU05-004). The
applicant, Burchfield Development, L.P., seeks approval of an Amended General Plan and a Special Conditional
Use Permit (SCUP). The General Plan is for the entire :t107 acre tract and the SCUP is for single-family residential,
multi-family, townhomes, and commerciaUretail development. The proposed development, "Preserve at Taylor
Bayou", is to be located at the southeast comer of the State Highway 146 in the 1200 block of McCabe Road.
As this is an on-going project, the Commission and Council have previously approved various General Plans and
SCUPs. The applicant has prepared proposals for the development of this tract, but the developable acreage is
subject to approval by the Army Corps of Engineers due to the Nature Preserve/conservation easement issues.
Earlier this year, the developer submitted a new General Plan showing single-family detached (20 lots), single-
family patio homes (76 lots), town homes (12 units), multi-family (180 apartment units) and flex buildings (4
commercial/residential) on approximately 32 acres as a master planned community. The Army Corps of Engineers
mandates a 78.652 acre tract be dedicated as a Nature Preserve, leaving the developable acreage to equal 28.5 acres.
As a result, the developer has to amend the approved General Plan.
This amended General Plan includes single-family detached (14 lots), single-family patio homes (44 lots), town
homes (8 units), multi-family (180 apartment units) and commercial/retail on approx. 28.5 acres. Corresponding
densities meet the minimum requirement of the ordinances, although a PUD Zone, by design, allows variances and
flexibility to the overall design. There will be two common access drives along McCabe Road serving the complex,
commercial tract, and the Nature Preserve. On-site parking is also provided for the visitors of the nature preserve.
The developer still needs to coordinate the following issues with the City: sanitary sewer, detention, and the
dedication of the Nature Preserve. It is anticipated that sanitary sewer for the development will be connected to a
new trunk main to be constructed by the City going north to the adjacent proposed development of "Lakes at
Fairmont Greens". Coordination between the developers and the City shall be required in order for the system
upgrade to handle both developments. Each developer may be expected to share the prorated cost of construction.
The developer's agreement has been drafted in this regard. The design of the detention will be reviewed with the site
plan submittal to ensure consistency with the Taylor Bayou Watershed Plan. Permits from the Army Corps of
Engineers and Harris County Flood Control District must be presented to the City prior to issuance of building
permit.
The Planning and Zoning Commission has voted unanimously that City Council consider approval of an Amended
General Plan and Special Conditional Use Permit #SCU 05-008 with the conditions listed in the SCUP.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by Planning and Zoning Commission for Amended
General Plan and Special Conditional Use Permit #SCU 05-008 for a 28.5 acre tract out of ::1::107 acres ofland
located at the southeast comer of McCabe Road and State Highway 146.
Approved for Citv Council Ae:enda
1cJ. -S-OS-
Date .
ORDINANCE NO. 1501- wLf
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 #SCU05-
008(AMENDING #SCU05-004) FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: BEING :f:107 ACRE TRACT OF LAND INCLUDING 28.5 ACRES IN
THE 1200 BLOCK OF McCABE ROAD, AS TRS 8, 8A, SF, 5F-1, 49, 49A, & 9B, ALONG
WITH 78.652 ACRES AS NATURE PRESERVE IN THE W. P. HARRIS SURVEY, ABSTRACT
30, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING SINGLE-
FAMILY, TOWN HOMES, MULTI-FAMILY AND COMMERCIAL/RETAIL, IN A PLANNED
UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 1 ih day of November, 2005, 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 November 17,2005, the
Planning and Zoning Commission of the City of La Porte met in regular session to consider
changes in classification, which were the subject of such public hearing and workshop. 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 November 18, 2005, a true copy of
ORDINANCE NO. 1501- \}J tf
Page 2
which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part
hereof for all purposes.
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 1ih day of December, 2005, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a
part hereof for all purposes, a copy of the notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6.
The 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:
A :1::107 acre tract of land including 28.5 acres as TRS. 8, 8A, 5F, 5F-1, 49, 49A and 98,
along McCabe Road and easterly right-of-way line of the State Highway 146, W. P. Harris Survey,
Abstract 30, La Porte, Harris County, Texas.
"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- W ~
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
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 the
day of
,2005.
CITY OF LA PORTE
~LY~
By:
ALTON PORTER, Mayor
ATTEST:
By:1!1ratlh~
MA THA GILLETT, City Secretary
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 17th day
of November, 2005, 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 #SCU05-008,
requested for 28.4748 acres ofland out of 107.16 acre tract ofland located south of McCabe Road
and the easterly right-of-way line of State Highway 146; being TRS 8, 8A, 5F, 5F-1, 49, 49A, 9B,
10, and 11 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 single-family residential,
townhomes, multi-family, and commercial/retail in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit is required for development in the PUD district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing. The
Commission will act upon the public hearing items and conduct other matters.
Citizens wishing to address the Commission pro or con during the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
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 information.
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PUBLICNOTICES
281-471-1234
Fax: 281-471-5763
fre SUD
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Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated /1 / t/;L /t)s;-"
I
f
Sworn and subscribed before me this c:2 q--r#
/7~ , 2005.
~,i. ~~
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
,~HiBn'
City of La Porte
Established 1892
November 18,2005
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
During the regular meeting on November 17,2005, the La Porte Planning and Zoning
Commission, held a public hearing to consider Amended General Plan and Special
Conditional Use Permit #SCU05-008 (amending #SCU05-004) for proposed development of
"Preserve at Taylor Bayou" to be located at the southeast comer of State Highway 146 and
McCabe Road. Mr. Robert Burchfield, Burchfield Development, L.P., seeks to develop
single-family residential, town homes, multi-family, and commercial/retail within the
Planned Unit Development (PUD) zoning district.
The Planning and Zoning Commission, by unanimous vote (5-0), recommends approval of an
Amended General Plan and Special Conditional Use Permit #SCU05-008, with the conditions as
listed in the SCUP attached. This recommendation will be forwarded for consideration by the
City Council on December 12,2005, for final disposition.
Respectfully Submitted,
(]:)~~~
Dottie Kaminski
Planning and Zoning Commission, Vice Chairperson
c: Debra B. Feazelle, City Manager
John Joerns, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
..,. r':t~JT ..'.
",J\.~''',ilb8 . C
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 12th day of December, 2005,
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 #SCU05-008(amending #SCU05-004)
requested for 28.5 acres ofland out of 107.16 acre tract ofland located south of McCabe Road and
the easterly right-of-way line of State Highway 146; being TRS 8, 8A, 5F, 5F-l, 49, 49A, 9B, 10,
and 11 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 single-family residential,
townhomes, multi-family, and commercial/retail in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit is required for development in the PUD district.
A regular meeting of the 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, TRMC
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.
.~XHIBft -0
...
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
281-471-1234
Fax: 281-471-5763
NOTICE OF PUBLIC"
, ' HEARING
,. "'CHY'OFtA PORTE
In ,accordance i with ", the,
provisions oLSection106,-
171 of theCodepf9rdi~
nances' of the City 6f, La
Porte and the provisions of
the Texas Local Govern-
ment code, hotice)s l1er('j-
by given that the, La Porte
City Council Win, cOnduct a
public hearing at 6:00 P,I\t
on the, 12th day of,:,~
cember, 2005,. in'tthe
Council Chambers of City
Hall, 604West\aiITrlOnt
Parkway,' La Porte; Jexas,;
Thepurposepfthis' hear-
ing is to consider special
Conditional 'Use ".Permit
. .)#SCU05~8(arnef1<iing i
l#SCU05~4} ',requ~~~~exas
, for 28.5 acres' of . !arid out:
01 1Q7.16 acre tract of laflij ,
located southoI fv1cCab~,' -~
~oadand!heeaSteriy; the undersigned authority on this date
nght"of-waylimtotSta\e ,.' , ' .
1-lil;lhWa,y146;beiP9'TF.lSJPpeared Karolyn Kellogg, a duly authorlzed
1>8,8A,'5F;5F",1.49,;4~A,~tive of The Bayshore Sun, a semi-weekly
98,10,. and 11 of the yJ'ipublished and generally distributed in the
P: Hams Survey,Abstr~ct, .
30. La Porte, Harris Couh; L Porte, Harrls County, Texas and who after
Et~:B~~t~;~:~~C i~w~~~, B~;:~~~e t~~n a ~~~~~ed 7t/~c~ J:~
LP., seeks to'developsin,,; ,
gle-family reqidehtial,
townhomes, . multi.family,
and '"comrn~rcial/retail in
the" Planned Unit Oevelop~
ment (PlJQ) zoning diStrict. '
In,accordam~ewi1h ~tjon"
1 06-21poflheyodEl9fbr-,'"
dll1an<:es, aspeCiEiltonai~l1l 0
tional Use Permit is.. re- .
qui red for development in '
thePUD district,
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services ,',,' .~t,;:;\(!I~~tJQ[J~i
should be f11aP!J1~ hours
prior tof}he'iJ'!eeting.
Please contadtM, .citi
Secretary's .otfif:e,~t(281)
471-5020," oryrpO}fPfle.'
(281)471-50:10 ,",r.
inf~~tion. ;"'}lI~j
re SUD
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"
)Aregular mooting of ,the subscribed before me this ;;..1 -r!!;.
,City.cpuDCU,wiU,tollow.the,,# , 2005 .
o.ubJic;ne~ring,.:rhe ~Courhj
", n '.. ......:.,.:.u...._...._ .... .. _,..,.'.1,
I~~'~~
day of
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
.i:XHIBIT
7
~
City of La Porte
Special Conditional Use Permit #SCU 05-008(Amendina #SCU05-004)
This permit is issued to:
Robert Burchfield
Owner or Agent
2123 W. Governor's Circle #400 Houston. TX 77092
Address
For Development of:
The Preserve at Tavlor Bayou
Development Name
1200 Block of McCabe Rd. @ SH 146. La Porte. TX
Address
Legal Description:
28.508 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) & NC
Use:
SinQle-family detached. small sinole-family (patio homes). multi-family
(apartments).Townhomes. Commercial/Retail & Nature Preserve.
Permit Conditions:
1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10
dwelling units per acre respectively.
2. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must
be established. The City requirement for compensating open land will apply. The City must approve
the conservancy dedication instrument.
3. The applicanUdeveloper shall be responsible for the maintenance of the 78.652 acre Nature Preserve/
Conservation Easement until transfer of ownership and/or responsibility.
4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by
the owner/developer.
5. The design of the detention will be reviewed by staff to ensure consistency with ordinances and the
Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control
must be presented to the City.
6. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that
traffic congestion does not occur as a result of this project.
7. The applicant must secure a maintenance bond according to the City's multi-family provisions, seek
an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund
mechanism" that establishes an account for the sole purpose of maintenance to the project for the
lifetime of the project.
8. The owner/applicant must construct a lift station, if applicable, and dedicate an easement to the City
at Taylor Bayou and McCabe for the lift station.
9. The owner/applicant must contribute 31.2% as proportionate cost for the construction of a trunk main,
the portion of the lift station to be built north of the site and the portion of the off-site lift station if needed
to handle both north and south developments.
10. The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the project remains on the
City's tax rolls.
12. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the
building permit.
13. The proposed complex must provide an area designated for accommodation of school buses, pick
up/drop off sites as per LPISD's design standards.
14. Utility Plan must be approved by City Staff.
15. Proposed sidewalks must be annotated on the General Plan.
16. All utilities should be planned for underground routing.
17. The applicant must provide a covenant for maintenance of common areas.
~XHIBJl/
18. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Lfr!d/;III- AAaI'/
City Secretary
Staff Report
November 17,2005
Preserve at Taylor Bayou
Amended General Plan &
Special Conditional Use Permit #SCU05-008
Request:
Requested Bv:
Requested For:
Present ZoniD!~:
Requested Use:
Back2round:
Approval of an amended General Plan and a Special Conditional Use Permit.
This request is an amendment to the existing SCUP#05-004 and General
Plan approved for this site.
Mr. Robert Burchfield, Burchfield Development, L.P.
28.508 acres ofland out of 107.16-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)
Single-Family detached, Small single-family (Patio Homes), Multi-Family
Residential, Townhomes, and CommerciallRetail.
This property is located at the southeast comer of SH 146 and McCabe
Road. It is bounded on the east by Shady River Subdivision and on the south
by Shoreacres. Several years ago, the Commission and Council approved a
General Plan and Special Conditional Use Permit for this location. In 2001, a
one year extension was granted; however, no construction occurred and the
permit expired in November 2002.
The Commission, at their April 17, 2004, meeting, recommended denial of a
new application based upon issues including excessive density of 418 units,
lack of information concerning the Preserve, financing and outstanding
Army Corps of Engineer documentation. Chapter 106, Code of Ordinances,
allows a maximum cap of 180 units within apartment complexes. City
Council subsequently disapproved the request.
Then, the developer filed a new General Plan and Special Conditional Use
Permit #SCU04-013. The Planning and Zoning Commission considered the
plan, which includes the following:
· 180 Multi-Family units and 150 Townhome units on 28.43 acres
· 1 lot, Neighborhood Commercial on 1.35 acres
· 1 lot, Private Park on 2.25 acres
· 1 lot, Nature Preserve on 75.16 acres.
· The apartment density is 13.85 units per acre (14 allowed).
· A townhome density of9.72 per acre (10 allowed per Chapter 106).
The Commission recommended approval of the above General Plan and
Special Conditional Use Permit. City Council, at the October 11, 2004
meeting, approved the General Plan and Special Conditional Use Permit
#SCU04-013.
Preserve at Taylor Bayou
Amended OP & SCUP
November 17, 2005
Page 2 of5
The developer submitted another General Plan with a new concept. The
features of the plan were as follows:
. Single-Family Residential- 20 lots, 4.17 acres (4.8 dula allowed)
. Single-Family (Patio Homes) -76 lots, 12.67 acres (6 lots/acre allowed)
. Townhomes - 12 units, 1.20 acre (10 units/acre allowed)
. Multi-Family - 180 units, 12.86 acres (14 units/acre allowed)
. CommerciallFlex Bldgs. - 4 (zoned Neighborhood Commercial)
. Preserve -74.80 ac. (provided), 78.652 ac. (required)
At the March 17, 2005 meeting, the Commission recommended approval of
the above General Plan and Special Conditional Use Permit. City Council, at
their April 25, 2005 meeting, approved the General Plan and Special
Conditional Use Permit #SCU05-004.
The Planning and Zoning Commission, at the September 15, 2005 meeting,
considered the preliminary plat for proposed development consisting of 32
acres, and approved it with conditions. The plan had some deviations from
the approved general plan mentioned above. The preliminary plat shows the
following:
. Single-Family detached - 34 lots, 7.08 acres (4.8 dula allowed)
. Single-Family small Lot - 44 lots, 7.34 acres (6 lots/acre allowed)
. Townhouses - 8 units, 0.80 acre (10 units/acre allowed)
. Multi-Family - 180 units, 12.86 acres (14 units/acre allowed)
. Commercial- 1.29 acre (zoned Neighborhood Commercial
The Preliminary Plat had approximately 32 acres of proposed development.
As this General Plan for 28+ acres is being requested as an amendment, the
entire project is open for reconsideration. The changes to the above plan are
as follows:
. Single-Family detached - 14 lots, 4.879 acres (4.8 dula allowed)
. Small Single-Family (Patio Homes) - 44 lots, 9.8 acres (6 dula allowed)
. Townhomes - 8 units, 0.80 acre (10 units/acre allowed)
. Multi-Family-I80 units, 12.905 acres (14 units/acre allowed)
. CommerciallRetail- 1.344 acres (zoned Neighborhood Commercial)
. Nature Preserve - 74.80 ac. (provided), 78.652 ac. (required by ACOE)
Since the project has deviations from an earlier approved general plan, it
requires an amended General Plan (for the entire proposed development) and
a Special Conditional Use Permit (SCUP) be submitted and processed
simultaneously. Upon approval of the amended General Plan and SCUP by
City Council, the applicant would be authorized to proceed with the platting
and development plans for the development site.
Preserve at Taylor Bayou
Amended GP & SCUP
November 17,2005
Page 3 of5
Analvsis: Section 106-659 of the Code of Ordinances establishes the following
criteria for review of development projects within a PUD zoning district:
· Uses - Review of the City's Land Use Plan indicates this 107-acre
area was envisioned as developing as low density residential with a
small comer for commercial uses. However, this proposed
development is not considered to be low-density residential. In
addition, the required 78.652 acres of Nature Preserve would serve as
a buffer between this proposed development and surrounding
properties.
· Streets - The proposed development is located at the comer of SH 146
and McCabe Road. The developer is proposing two points of
entrance/exit off McCabe Road. The first common access drive serves
an entire development and Nature Preserve. The second access drive off
McCabe Road will serve the multi-family and commercial/retail sections
of the proposed development.
Traffic Analvsis: The applicant submitted a traffic analysis study report.
The report previously had taken into account an entire development for
a build-out in 2007. It also included the commercial strip center and
Nature Preserve as an estimate, with no other detail of their nature.
The study mentions the future TxDOT Highway 146 improvements,
but does not discuss their possible 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 account in
the estimates for the survey. That rate is average for the HGAC
region, although local estimates can be much higher. The growth,
according to the study, will not have a significant impact on the
development or the traffic flow in relation to level-of-service ratings
because of the limited access between McCabe Road and SH 146 now
and in the future.
With Level-Of-Service (LOS) A being the best, LOS D being
acceptable and LOS F being severely congested service, the study cites
that the development, given the parameters stated above, will rate no
worse than LOS B and concludes no adverse impact for this
development.
· Topography - This area is relatively flat and stable and should not be an
obstacle to this type of development. The site for this development does,
however, split Flood Zone X to the west and a Flood Zone AE to the
East.
Preserve at Taylor Bayou
Amended GP & SCUP
November 17,2005
Page 4 of5
· Density - Staff utilized the Land Use Plan as a guide with the designated
land use as Low Density Residential. There are 14 small single-family
detached lots proposed for 4.879 acres with a development ratio of 4.8
units per acre. Single-family Patio Homes will consist of 44 lots on 9.8
acres equal to 4.48 lots per acre. Eight townhomes on 0.80 acre come out
to be 10 units per acre. 180-unit multi-family residential development
yields 12.86 acres with a density allowed by ordinance 14 units per acre
(Section 106-333).
· Utilities - There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
extensions are prepared to serve this development. Sanitary sewer
service is not readily available to this site, and must be coordinated with
the development to the north and the City of La Porte.
The City prepared a long-term sanitary sewer master plan for providing
sewer service to areas of southeast La Porte. The master plan calls for the
elimination of Lift Station #12 and for a new lift station to be constructed
near the comer of intersection of A104(Taylor Bayou) and McCabe
Road. Utility plans must be coordinated with the City Staff and approved
by the City prior to submittal of the Final Plat.
The project engineer expressed her intention of taking the sanitary sewer
flow north through the Lakes at Fairmont Greens, a proposed subdivision
off SH 146. Based upon the preliminary studies, the Preserve at Taylor
Bayou, if hooked up to the new trunk main going north for sanitary
sewer would represent 31.2% of the total anticipated capacity.
Coordination and contribution shall be required for the system upgrade
to handle both developments; each developer being expected to share the
prorated cost of construction. In addition, the City has added this project
to the Capital Improvement Plan (CIP) for year 2005-2006. The plan and
profile shall be submitted to the City for approval prior platting of the
subdivision.
· Drainage - This property lies within the Taylor Bayou Watershed. The
City has a master drainage plan for the Taylor Bayou Watershed, which
calls for regional detention for this area. Efforts should be made to work
with the developer north of McCabe Road to promote upstream
detention for this development.
The channel improvements to Taylor Bayou are not designed to directly
receive storm water runoff from this project. The General Plan,
therefore, shows that storm water will be detained using a basin system
in each phase to regulate run-off. Outfalls have to be determined and
coordinated with the Army Corps of Engineers and the Harris County
Preserve at Taylor Bayou
Amended GP & SCUP
November 17,2005
Page 5 of5
Flood Control District. The copies of the permits must be presented to
the City.
· Nature Presenre -The applicant is willing, and the Army Corps of
Engineer permit states that the dedication of approximately 78.652 acre
nature preserve is to be made to the County/City. The issues in the
process of being resolved. The City of La Porte remains a party to
facilitate any dedication to the Harris County or other agency. These
issues may be coordinated and approved in a separate dedication
instrument prior to the Final Plat.
. Army Corps of Engineer Issues:
~ US Army Corps of Engineers (USACOE) issued a permit on
Feb 14,2000, to fill 9.6 acres of wetlands to construct an
apartment complex. This area must be shown on the plan.
~ According the applicant, this Individual Permit (IP) is valid
until December, 2005. The applicant is required to provide the
City with a renewal letter from the US Army Corps of
Engineers.
~ This permit is for a single and complete project that would
include all minor deviations mandated by the City.
~ USACOE agreed with the NAI environmental assessment that
the lift station could be moved slightly west. The plans would be
coordinated with the City Engineering staff.
Staff reviewed the plan and found it to be in compliance with the
development ordinance. Staff recommends approval of the amended General
Plan and Special Conditional Use Permit with conditions as listed in the
Special Conditional Use Permit attached herewith.
Options available to the Commission are:
· Recommend to Council approval of #SCU05-008 (Amending
SCUP#05-004 ).
· Recommend to Council approval of #SCU05-008 with additional
conditions.
· Recommend to Council denial of this SCUP. OR Continue discussion at
the Commission's next meeting to allow further study of item. This
results in tabling any action on this item.
~
= PROPOSED DEVELOPMENT
= POTENnAL PRESERVE