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HomeMy WebLinkAbout02-19-2004 Regular Meeing and Public Hearing of the La Porte Planning and Zoning Commission• ~ Minutes ®f the Meeting • PLANNING AND ZONING COMMISSION MINUTES OF FEBRUARY 19, 2004 Members Present: Betty Waters, Dottie Kaminski, Ralph Dorsett, Kirby Linscomb, Jr., Nick Barrera, Alternate Members Hal Lawler and Ross Morris Members Absent: Doretta Finch, Paul Berner Citv Staff Present: Interim Planning Director Nicholas Finan, Planning Coordinator Masood Malik, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting called to order by Chairperson Waters at 6:00 P.M. II. APPROVE MINUTES OF THE JANUARY 15, 2004, REGULAR MEETING 8 PUBLIC HEARING. Motion by Ralph Dorsett to approve the Minutes of January 15, 2004. Second by Nick Barrera. The motion carried. Ayes: Dorsett, Barrera, Kaminski, Linscomb, Lawler, Morris, and Waters Nays: None Abstain: None III. OPEN PUBLIC HEARING TO CONSIDER REZONE REQUEST #R04-001 FOR 3.00 ACRES OF LAND LOCATED SOUTH OF WHARTON WEEMS BOULEVARD AND EASTERLY RIGHT-OF WAY LINE OF STATE HIGHWAY 146, FURTHER DESCRIBED AS TRACT A2, ABSTRACT NO. 30, W.P. HARRIS SURVEY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO REZONE A PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO GENERAL COMMERCIAL (GC) FOR DEVELOPING A CONVENIENCE STORE AT THIS CORNER. Chairperson Waters opened the public hearing at 6:01 P.M. A. STAFF PRESENTATION Masood Malik presented staff s report and answered questions from the Commission. The applicant, James Elmore, on behalf of Ben Weems, has requested a zone change to General Commercial for three acres at 2501 State Highway 146 to allow construction of a convenience store. A minimum of five acres is required to develop in a Planned Unit Development zone. City Council previously approved a General Plan and Special Conditional Use Permit for the subject tract as part of the proposed La Porte Golf Course Community. Public notices were mailed to 14 surrounding property owners. The City received one response in favor and one opposed to the request. Planning and Zoning Commission • Minutes of February 19, 2004 Page 2 Staff recommended denial of the request based on the following reasons: ^ There is no reason to change the PUD zoning designation. The justification of PUD zoning assigned appears to be still valid today. ^ Integrity of Planned Unit Development will be in jeopardy. ^ A portion of the area is earmarked for tum lanes off SH 146 along frontage road at Wharton Weems Blvd. ^ There is no need to create another commercial reserve at this location. If commercial, it should be in concert with PUD. ^ The subject property has been divided by metes and bound description in violation of the Development Ordinance. ^ Driveway layouts conflict with SH 146 & need to limit access at Wharton Weems from safety standpoint. ^ A similar use is shown at the northeast corner of McCabe Road at SH 146 in the recently approved plan and Special Conditional Use Permit. B. PROPONENTS The owner's representative, James Elmore, 308 W. Polk, Houston, TX addressed the Commission. Mr. Elmore is a design builder specializing in convenience stores. Mr. Elmore's client would like to develop the site with a convenience store. He noted the developer of the golf course community does not own the subject property. Mr. Elmore has preliminary approval from TXDoT for driveways along SH146 in conjunction with turn lanes. Attempts were made, but unsuccessful, to work out an agreement with Mr. Fogarty for his golf course community project. C. OPPONENTS Fran Strong, 2711 Crescent View Dr., representing the Old Hwy. 146 Committee, read from a prepared statement she provided titled, °Comments on Rezone Request #04-001." In summary, the Committee opposes the rezoning, citing the facility is not needed and downgrades the character of the neighborhood. Alton Porter, 10442 Catlett Lane, provided a written statement to the Commission. He does not oppose the applicant's project, but does oppose the rezoning. Mr. Porter concurs with Mr. Fogarty's letter, which encourages a land trade to switch the location of the convenience store to McCabe Rd. Chairperson Waters asked the Commission to read the letter submitted by Joe Fogarty, of ARETE Real Estate 8 Development Co., dated February 18, 2004. In the letter, Mr. Fogarty states he has met with the current owners of the property and has offered to make a trade with them to give them in exchange for their three-acre site, a site at the comer of McCabe and Highway 146. IV. CLOSE PUBLIC HEARING. Chairperson Waters closed the public hearing at 6:15 P.M. Planning and Zoning Commission • Minutes of February 19, 2004 Page 3 V. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING REZONE REQUEST #R04-001. Motion by Hal Lawler to recommend to City Council, denial of Rezone Request #R04-001. Second by Ralph Dorsett. The motion carried. Ayes: Lawler, Dorsett, Kaminski, Barrera, Lipscomb, Moms, and Waters Nays: None Abstain: None VI. CONSIDER FINAL PLAT FOR FAIRMONT PARK EAST, SECTION 11. Chairperson Waters noted the City received a letter from Eddie Gray requesting this item be withdrawn from consideration at this time, citing there were numerous outstanding items. Assistant City Attorney John Armstrong asked for clarification from Mr. Gray because the language in Mr. Gray's letter was for the item to be °tabled." Mr. Gray confirmed he wanted the item withdrawn. VII. CONSIDER FINAL PLAT FOR FAIRMONT PARK EAST BUSINESS PARK (UNRESTRICTED RESERVES ALONG FAIRMONT PARKWAY). Mr. Malik presented staffs report. At the January 15~' meeting, the Commission approved the preliminary plat with conditions. The developer and staff have met to discuss these conditions. Staff recommended approval of the plat but not release it until the following conditions have been met: ^ Secure a joint driveway to the rear of all properties that exit on Farrington Blvd. • Subdivision covenants and restrictions should reflect a reference of common use access easement and the owner/developer shall be responsible for its management. ^ Access for reserve 1 on Farrington Blvd. shall be the common drive only. ^ Number and location of drives should be specified on the plat. ^ Determine landscaping, screening and buffering mechanism to protect proposed residential from commercial developments in the rear. ^ Drainage mechanism should be noted on the plat. Interim Planning Director Nicholas Finan addressed the Commission. Mr. Finan noted there was a suggestion at the last meeting for a driveway to be located in the rear next to Dollar General's driveway onto Farrington. Mr. Finan has contacted the owner/representative of the land that Dollar General occupies about the possibility of granting an access easement. Mr. Finan provided Commission Members with a copy of a letter from Donald French, A-Tex L.L.C., which indicates his willingness to work toward an agreement to provide access. Mr. Armstrong noted objection to the Commission approving a plat that lacked specifics. Mr. Armstrong encouraged the Commission to get the applicant's concurrence on record, as to the specificity of the conditions being added and if unable to do so, he suggested the Commission consider denying the plat. The plat could then be considered at the point in time it is complete. Eddie Gray, PO Box 638, Baytown, 77522, addressed the Commission. Mr. Gray noted the following: Planning and Zoning Commission • Minutes of February 19, 2004 Page 4 ^ He is willing to waive the 30-day State Law requirement for the Commission to act on the plat. ^ He is agreeable to provide access from Farrington along Dollar General's drive to the rear of commercial reserves and common cross access for the commercial reserves. Will deed space in corner of Reserve 1 for relocation of dumpster. ^ Will relocate utility pole from the driveway to the easement. ^ Prefers only having to provide limited access along Fairmont Parkway, but agreeable to prove additional rear access, if required by the Commission. Chairperson Waters recognized Alan Ward, of 4731 Louise St., Seabrook. Mr. Ward spoke on behalf of Nancy McPike, who is proposing to acquire Tract 5. Ms. McPike has concerns regarding the proposed plat. In particular, she is concerned about vehicles backing out of parking spaces into the common area traffic. Mr. Ward noted that exiting traffic must enter two-way traffic on Farrington, but only one-way traffic along Fairmont Pkwy. The traffic signal at Bay Park Road will help regulate traffic flow onto Fairmont Pkwy. Chairperson Waters recognized Alton Porter, of 10442 Catlett, La Porte. Mr. Porter believes that access drives along Fairmont Pkwy. should be limited for safety reasons. He agrees with the plan to provide rear access off Farrington. Dr. Uddin, a practicing pediatrician currently at 410 E. Fairmont Pkwy., addressed the Commission and noted the following: ^ Prior to purchasing his land, he was assured by the city and the realtor there were no restrictions on the land. ^ The outstanding issues should have been addressed between the owner and the city prior to the property being sold, but he has continued to work with all involved parties. ^ His construction loan is currently in effect and his present office lease terminates in June 2004. ^ Dr. Uddin requested approval to proceed with developing his site independently with driveway access on Fairmont Pkwy. He is willing to tie into Mr. Gray's driveway off Farrington at the point in time it is complete. ^ Most developed properties along Fairmont Pkwy. currently have their own driveways. ^ The City should be encouraging commercial development. To assist Dr. Uddin with his development, Mr. Finan suggested that staff work with Dr. Uddin independent from Mr. Gray's overall development. He asked the Commission about the possibility of administrative consideration of Dr. Uddin's plat in conjunction with his site plan. Mr. Armstrong concurred that certain minor plats qualify for administrative approval. Dr. Uddin's plat in and of itself should qualify. Discussion continued with regard to the rear access driveway. Motion by Hal Lawler to deny the Final Plat for Fairmont Park East Business Park (Unrestricted Reserves along Fairmont Parkway) and recommend Dr. Uddin submit his plat for consideration independent from Mr. Gray's development. Planning and Zoning Commiss~6n Minutes of February 19, 2004 Page 5 Second by Kirby Linscomb. The motion carried. Ayes: Lawler, Linscomb, Kaminski, Dorsett, and Morris Nays: Barrera and Waters Abstain: None VIII. CONSIDER A FINAL PLAT OF COMMERCIAL RESERVE 2, FAIRMONT PARK EAST BUSINESS PARK, FOR DR. UDDIN AT 10409 W. FAIRMONT PARKWAY. Dr. Uddin never submitted material or a plat for consideration with an application, therefore there was nothing for the Planning and Zoning Commission to consider. IX. CONSIDER RESCHEDULING THE MARCH 18, 2004 REGULAR MEETING. Mr. Finan noted potential conflicts with the regular meeting date in March and sprin~ break. By consensus, the Commission agreed to hold their March meeting on the 24 . The regular meeting will begin at 6:00 and then adjourn for a workshop regarding the Main Street District. X. STAFF REPORTS Mr. Finan updated the Commission on the progress in hiring a City Planner. He thanked Ms. Kaminski for serving on the Interview. Committee. The Planning Dept. is preparing to conduct a public outreach meeting tentatively in March. XI. ADJOURN Chairperson Waters adjourned the meeting at 7:35 P.M. Submitted by, Peggy e Planning Secretary Approved on this ~ day of ~~a/~-~"" , 2004. B tty tern Planning and Zoning Commission Chairperson • • Zone Change Request # 04®002 ]Exhibits A. Con~~nission9s Action Request B. Aerialll~ap C. Zoning 1®~Iap D. Staff Report E. Application F. Public Notice Responses • • Zone Change Request #R04-002 Planning and Zoning Commission March 24, 2004 Location of Pro osed Chan a 3300 Block of Canada Road Legal Description of Proposed Zoning TRS 692C, 693B, 706, & 707 8A, W. B. Lawrence Subdivision, William M. Jones Surve , A-482. A licant Trans ort Realt ,Inc. Present Zonin Medium Densit Residential -2 Requested Zoning High Density Residential (R 3) Acreage to be Rezoned 18.3473 acres Surrounding Zoning North Medium Density Residential (R 2) East Low Density Residential (R 1) South Medium Density Residential (R 2) West R 2, Cit 's Parkland Land Use Mid to Hi Densit Reside~ial Activit Pro osed Multi-Famil Residential Summary: • The applicant is requesting a rezoning of this property from Medium-Density Residential (R-2) to High Density Residential (R- 3) for proposed multi-family development. • The adjacent properties in all directions are zoned residential. • The subject property is just south of a preexisting and non- conforming warehouse along Canada Road. • The City's proposed park on a 33 acre tract along Canada Road is to the west of the said property. • An overall area is earmarked for mid to high density residential uses in the La Porte Comprehensive Plan. • The plan will be developed in two phases. In the 1" phase, the applicant intends to develop 100 units of 2 story multi-family apartments on 9 acres tract using Housing Tax Credit. • The effect of the change from R-2 to R-3 should not have an adverse impact upon the surrounding properties. • Public services need to be extended to serve the facility. The owner/developer shall be responsible to provide infrastructure for this proposed development. • An easement dedication and ROW access studies for Canada Road, a four lane divided with ROW capacity, is in progress. No timeline has been indicated for its improvement yet. • Fairmont Parkway and Spencer Highway should have adequate capacity to handle the traffic generated by this proposed site. • The impact upon the public health, safety, and welfare of the City should be minimal. Recommendation: • Staff recommends approval of the zone change request #R04-002. • Approval of plats and construction drawings will need to be in accordance with the City's new multi-family regulations. • Agreement for the provision of public services within this project will need to be executed between the City and the owner/developer. Actions required by • Recommend to Council approval of this rezone request #R04-002 the Commission: • Recommend to Council denial of this rezone request #R04-002. • Table this item for further consideration by the Commission. • • Staff Report March 24, 2004 Zone Change Request #R 04-002 Reauested bv: Transport Realty, Inc. Reauested for: TRS 692C, 693B, 706, & 707, W. B. Lawrence Subdivision. Locations: 3300 Block of Canada Road Present Zoning: Medium-Density Residential, R-2 (Max. allowable density 8-10 DU/A) Reauested Zoning: High-Density Residential, R-3 (Max. allowable density 14 DU/A) Background: The subject tracts comprise approximately 18.3473 acres of land out of William Jones Survey, LaPorte, Hams County, Texas. The said property is just south of an existing 65,800 sq.ft. dock high, tilt-up wazehouse located at 3337 Canada Road. That facility has been used for trucking, wazehousing, and crating/assembly site since the mid 1980's or longer prior to annexation and is a legal pre-existing, non-conformity. The property is adjoined by vacant tracts to the south consisting of ~ 5 acres zoned R 2 and some NC, bounded by H.C.F.C.D ditch to the east, Fairmont Pazkway on the south and proposed Canada Road on the west. The property to the west of Canada Road and south of the H.C.F.C.D. ditch is 33 acres of undeveloped land for the City of La Porte's proposed pazk. The applicant seeks a rezone from Mid-Density Residential (R 2) to High- Density Residential (R-3) for multi-family developments. Analysis: In considering this request, Staff reviewed the following Comprehensive Plan elements: Land Use, Thoroughfare System, Parks and Recreation, Utility Infrastructure, and Residential Developmern. The specific issues considered aze as follows: Land Use -- Review of the City's Land Use Plan shows the subject tract developing as mid-to-high density residential. In addition, some commercial uses aze shown adjacent to Fairmont Pazkway. Currently, the adjacent properties aze single-family residential (Pecan Crossing Subdivision). The surrounding existing uses aze primarily single- family residential with manufactured housing, vacant property and the City's pazkland in the vicinity. The proposed rezone seems to be compatible to these uses. Conformance of a zoning request with the land use plan is one consideration among several criteria to be considered in approving or denying a rezoning application. Other criteria may include: Ls~'.. • • Zone Change #R 04-002 P & Z (3/24/04) Page 2 of 3 • Character ofthe surrounding and adjacent azeas; • Existing use of neazby properties, and extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; • Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; • Extent to which the designated use of the property would harm the value of adjacent land use classifications; • Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of the road network influenced by the use; • Extern to which the proposed use designation would permit excessive air pollution, water pollution, noise pollution, or other environmental harm on adjacern land use designations; and, • The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. ~'ransportation -The tracts in question gain access along Canada Road running north and south between Spencer Highway and Fairmont pazkway. Spencer Highway, a primary arterial with 100' ROW, can accommodate the additional traffic generated by future residential development. Fairmont Pazkway, a controlled access highway with a 250' RO.W. can also accommodate additional traffic. The design of Canada Road is approximately 95% complete. All right-of- way for the proposed road improvement has been acquired except for one tract. Presently, the utilities to serve this general azea are being designed and the City has authorized pipeline adjustments and power lines relocation. The bidding and construction of the road and utilities will not begin until the above items aze complete. In addition, an interlocal agreement with Hazris County is needed and debt is to be issued. It is estimated that it will be at least 6-8 mornhs to complete these matters. Parks and Recreation - An accessible pazk and recreation facilities will be the City's proposed pazk on 33 acres of land along Canada Road. It will provide a diverse blend of pazks, recreation and open space azeas including community and neighborhood pazk, natural open space azeas, and linkages to adequately accommodate the current and future needs of the residents and visitors. In addition, future developmern plans should address pedestrian connectivity to the pazk. The City's pedestrian plan idernifies potential greenbelt corridors, bicycle and pedestrian trails and routes to provide a safe and secure connection between pazks and neighborhoods. • ~ Zone Change #R 04-002 P &. Z (3/24/04) Page 3 of 3 1<Jtilities - Currerrtly, no public water and sanitary sewer are available for the subject tracts. An existing 8" waterline stops at the adjoining property located at 3337 Canada Road. While, the nearest sanitary sewer manhole is at the southwest corner of mobile home park and Canada Road. The infrastructure was not analyzed in detail to ensure that sufficient capacity exists. However, utility extensions shall be required to handle the supply of potable water, sanitary sewer, and fire protection for the proposed development. Storm water drainage will be reviewed carefully with the development plan submittal for proposed project. Conclusion: Based on the above analysis, staff finds the requested change is compatible with the zoning and uses of nearby properties. The property in question is suitable for the requested change to R 3. The development within the subject tracts will not negatively impact the surrounding properties and may not harm the value of nearby properties. Furthermore, it will not have a significant impact on the traffic conditions in the area. It should be noted that staff has recommended to the broker representing multiple owners that a Planned Unit Development (PUD) be considered in order to master plan the tracts of land surrounding this site. A PUD would present a more complete picture of how high density residential and commercial activities would blend into the total picture and give more flexibility in relation to the proposed City Park. In addition, a PUD would also address the connectivity issues with trails leading to the park. In reviewing this request the Commission should consider the following: • There was no apparent error in assigning the present zoning designation to the tracts in question. • There have been no changes in the area that warrant a change to the zoning designation. • The applicant's requested zoning conforms with the present zoning and nature of the surrounding properties. • Furthermore, the requested change is compatible with the goals and objectives of the City's Comprehensive Plan. Actions available to the Commission are listed below: • Recommend to Council approval of this rezoning request from R-2 to R 3. • Recommend to Council denial of this rezoning request from R 2 to R 3. © Table this item for further consideration by the Commission. ABF.RIRL ESTATE DEPT 4797856015 FEB '04 15:25 No .006 P.02 AGE 02 FED-25-004 WED G8: G6 Al! ~+ FAK N0. P, 01 t! •~i~~ of ~~ x'ar~~ Estab[ishc~ 169 AP'YCA-~70~ ~0~ ZOINE~ ~A'NGE ~Q " Applicati~tt.No.: vyy t?~ Y1~Y: ~,~ n3 O.DO Dais kaeoivabd: . Recent No, : .. ~, „~ ()Site ~tati ()1~iltor bevelo~tn~lt SttB Plan () Mliynr DevcIoplh~ Abe iP~ui t;) Gont*ral p7ar ()Site Plsns Submitted on A~IillIIt'8 ~a111C': ,~.-~,~y'I;Fa~R "} EI~.-~~,i T''+^.. „~N6G,,~l~~r b:r_ }~n1_ ~ 1 AddrOla: ~,Q ~o~..~,00g„~~oft Smib~h,A~~x ~ ~i -7 - 7f12 Owffci'a l~tatnll:..,. Transps~Xt ~~1,iky~inC. -,.~~~Wa, Esr E. chc~is~ Addccrs! 5am~' ~ ph; Saline proparty .L~eQnl ri~ptiot~: 1 _ n ~~ + /_ a r_r.9,,,,, ~~.~,~ a e 4 (~ 588 AtachOd o~ Car~adal Noxt:h of ?airmont parKWay ~ AM T~ owNl~t pI+ TH8 II+T AFL4G'RI$$p PRbPE,R'T"Y A1Vb ~bbY~„ y~~-~-~8 ~m 2..~ YS AVl'~IOR.x'4 P~.STHI9 I1,~PLXCA bN 0 ?i~X~~ ~J~dIC.: ~ ~ I ~~ ~ ,~~` S~~tull~. , Zanc: „~ ' r~yutistecl 7ono Chengc: ,",~tt_~ SxC No: ~_„~,,, oF~a~ vs~ ortz.~ i) PJtulnin~ do Zoning: (~ Pr81lt»inary blectulg - (b) i~bli-a HeclttngJMtg. - ..~. Rscommcn6ation: AppliCa~nt Notified of Date(,s): ()~ lat ~tg::: () 2nd iKt~, Adloiaing 1?rope~ty Owners Nodfl~d; ~) Clty Council: (>~ 1keulillr<Meedn~ - Approves () Adnpood by Ame>;t-d~~t Qrd. A~1St)L - ,,.,..,~, be~Cd ' ~ ~ t`1~ IL~r 11 li 1 1 e P,.r~i Tpr,l~ i'i'i x.1111 r 1°1 it iTl.r,~yn "' ~" " ~ • Safe Har®r St®rage Special Conditi®nal TJse er Il~ #SCj.T-001 E~hi~ts A. Co~nrnission9s Action bequest ~. Aeriall~Iap C. Zoning 1VIap D. Staff Report E. Application I+'. SCUP G. Public Notice Response H. General Plan ~. • Special Conditional Use Per'nit #SCU04-001 Planning and Zoning Commission March 24, 2004 • Location of Proposed Change 1200 Block of South 13` Street, between West K & L Streets Legal Description of Proposed Zoning Lots 1 thru 32, alleys and portions of street rights-of-way, Block 1135,1136, & 113'I, Town of La Porte A licant Rand Jones Present Zonin General Commercial GC Acres a to be Rezoned 9.16 acres Surrounding Zoning North General Commercial (GC) East General Commercial (GC) South General Commercial (GC) West General Commercial GC) Land Use Commercial Activi Pro osed Mini-stora office warehousin Summary: • The applicant is requesting a Special Conditional Use Permit (SCUP) for developing amini-storage/warehousing at this location. • The mini-storage/warehousing is classified as a conditional use in GC zone. • The existing facilities are primarily commercial (offices, restaurants, drug store, office supplies, medical center, grocery store, insurance company, and banks). • To the south, the Planning and Zoning Commission and City Council have approved the Texas Import/Export Park, which is restricted by both a Development Agreement and covenants in an attempt to develop a well planned, quality mixed-use developments. • The subject tract abuts on South 13s' Street (80'ROW) which connects with Fairmont Parkway with 100' ROW. • The likelihood that the City would recommend the closing of 12~', 13s', and 14s' Street ROWS which is presented as a part of this development The overall area plans (TiEP, Taylor Bayou Watershed, and South 16's Street Planning Area) have prompted regional detention for the undeveloped land mass south of the Fairmont Parkway system. • The overall impact on public services will be significant Recommendation: Staff recommends disapproval of the SCUP with the following consideration: • The project as presented depends on the closure of 13~' and 14~` Streets between west "K" and "L" stmts. • For a variety of reasons presented here, staff would not recommend the closure of these streets. • The project as presented contains no architectural standards to provide compatibility with the surrounding oommential activities. The specific use will adversely impact the other properties or significantly diminish or impair property values within the immediate vicinity. Action Required by the • Recommend to Council approval of this SCUP with additional conditions. Commission• • Recommend to Council denial of this SCUP. • • Table this item for further consideration by the Commission. '. • • Staff Report Safe Harbour Storage & Office Warehouse March 24, 2004 General Plan & Special Conditional Use Permit #SCU04-001 Requested bv: Mr. Randall Jones Requested for: All lots in Blocks 1135, 1136, and 1137, alleys in these blocks, and~portion of south 13`s Street R.O.W. between blocks 1135 & 1136, south 14 Street R.O.W. between blocks 1136 & 1137, south 12a' Street RO.W. between blocks 1134 & 1135, Town of La Porte, Harris County, Texas. Location: 1200 Block of South 13~` Street (South of Fairmont Parkway) Zoning: General Commercial (GC) Proposed Use: Mini-storage & office warehousing Background: The applicant is proposing amini-storage & office warehousing on a 9.16 acre tract bounded by West `K' Street (unimproved) on the north, and West L Street (unimproved) on the south, Block 1134 on the east and South 15a` Street RO.W. (unimproved) on the west. The property is zoned General Commercial (GC). Mini-Storage warehousing (SIC #4225) is classified as a Conditional Use in GC zone. The reason some uses are conditional in GC zones is that in certain instances the Commission may feel that a use may be appropriate if further conditions are considered on a case by case basis. Analysis: Staff reviewed this request using the Code of Ordinances Sections 106-216, 106-217 (pertains to SCUP), all applicable elements of the La Porte Comprehensive Plan, and other previously approved plans for Texas Import/Export Park, 16~` Street Plan, and City's Pedestrian, Parks & Trails Plan as a guide. Considerations were given to the following issues: • The likelihood that the City would recommend the closing of 12~', 13~' , and 14~' Street ROWS which is presented as a part of this development. • Character ofthe surrounding and adjacent properties; • Existing use of nearby properties, and the extent to which a land use classification would be in harmony with such existing uses or the anticipated use of the properties; • Suitability of the property for the uses to which would be permissible, considering density, access and circulation, adequacy of public facilities and services, and other considerations; • Extent to which the designated use of the property would harm the value of adjacent land uses; ~'~~ `~ ~ Safe Harbour ~ • SCU04-0O1 Page 2 of 4 • Extent to which the proposed use designation would adversely affect the capacity or safety of that portion of road network influenced by the use; • Extent to which the proposed use designation would permit excessive air, water or noise pollution, or other environmerrtal harm on adjacent land use designations; and, • The gain, if any, to the public health, safety, and welfare due to the existence of the land use designation. Land Use -The City's Land Use Plan shows this azea developing with commercial uses. The existing land uses aze primarily commercial (offices, restaurants, drug store, office supplies, medical center, grocery store, insurance company, and banks etc.) To the south, the Planning and Zoning Commission and City Council have approved the Texas Import/Export Pazk, which is restricted by both a Development Agreement and covenants in an attempt to develop a well planned, quality mixed use developments. The property between TIED and this location is not restricted but was included in infrastructure planning of this azea. Appropriate comments will be made in these azeas. Transportation -Staff notes that the subject tract abuts on South 13~` Street (80'ROW) which connects with Fairmont Parkway with 100' ROW. The transportation system should adequately accommodate the traffic and existing properties should not be impacted by the proposed development. The existing roads are adequate to support the said project. As, the proposed development does not conflict with the Thoroughfare Plan, City Council has asked staff to look at circulation in this area. Presently, Council has asked for future consideration of paving "L" Street with connection back to Fairmont Parkway. It has not been determined if either 13a` Street or 14~' Street or both would be these connectors. Utilities and Drainage -Staff reviewed the existing facilities and services for each of the components of the utility system for the proposed development. Existing water is adequate for potable and fire protection needs. Sanitary sewer is along West K Street (unimproved ROW) with existing manhole at the northwest corner of South 12~' Street. However, on-site detention is proposed for this site and could be constructed. The overall azea plans (TIFF, Taylor Bayou Watershed, and South 16'h Street Planning Area) have prompted regional detention for the undeveloped land mass south of the Fairmont Pazkway system. The projected pathway for this channel is between the 13~' and 14~' Streets ROW. The City will eventually choose one of these ROWS for the storm sewer/channel and pedestrian path. The City has also discussed with Harris County for this path as being available for increased runoff from future paving projects on Fairrnont Pazkway. Staff believes it is premature to close these paths at this time. There is a major trunk sewer 24" stubbed out at "K" and south 13~' Street. This stub out is to provide for future line south to serve the undeveloped areas. Safe Harbour SCU04-001 Page 3 of 4 Currently, the area sheetflows from northwest to southeast. The development requires on-site detention but where that detention is proposed to outfall to is not indicated. However, the planned outfall is the 13th Street right-of--way to the south. Piping any underground storm sewer north to the Fairmont Parkway storm sewer is out of the question for the following reasons: 1) Fairmont Parkway storm sewer is not designed to have the capacity to handle it. Taking any stormwater drainage west to South 16th Street is a possibility but as South 16th Street is a Harris County maintained road, this will require approval from Harris County. Taking storm water drainage east to the SH 146 feeder (same as Fairmont Parkway) not designed for it without detention and may not be acceptable for the TxDOT. 2) Any of these options increase future storm sewer costs and deviate from the plan to route storm water to the 13th or 14th Streets ROW. A 66" sanitary sewer in the middle of the West "K" Street ROW would prevent it as there would be elevation or flow line conflicts. Open Space/Pedestrian Plan -The City's open space/pedestrian plan promotes anorth-south pedestrian way thru the Texas Import/Export Park and to this area via south 13th street ROW to "K" Street. Closure of 13th Street would interrupt this opportunity. The property abuts commercial uses along Fairmont Parkway to the north across West K Street, South 15th Street on the west, and South 12th Street on the east. This is the most public face of the tract. Staff suggests that a substantial portion of the facility's landscaping should be placed adjacent to these streets. If approved, architectural standards coupled with the proposed landscaping and setbacks should result in a facility that is attractive and compatible with surrounding properties. The project as presented depends on the closure of 13th and 14th Streets between west "K" and "L" streets. For a variety of reasons presented here, staffwould not recommend the closure of these streets. Secondly, the project as presented contains no architectwal standards to provide compatibility with the surrounding commercial activities. The specific use will adversely impact the other properties or significantly diminish or impair property values within the immediate vicinity. Conclusion: Based on the facts and considerations presented above, staff recommends denial of Special Conditional Use Permit #SCU04-001 because the project as proposed (with street closures) interrupts several utility/ infrastructure plans that are in place. Also, the project was not presented with any architectural standards to improve compatibility and protect property values in the adjacent important commercial area. Safe Harbour • • SCU04-001 Page 4 of 4 If the Planning and Zoning Commission wishes to consider this Special Conditional Use Permit request, staff suggest the following conditions as a minimum be considered: o SCUP#04-001 is specifically limited to the mini-storage/warehouse as defined in SIC. #4225. ® Enhance the building fagade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. ® Rendering of the building fagade shall be returned to the Planning and Zoning Commission for final approval as a first step before proceeding. If not approved, the SCUP becomes void. ® The applicant shall file an application with the City to close alleys and streets in Block 1135, 1136, and 1137. If successful, the property be formally replatted. o Detention basin shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinance. o Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. ® Ensure that maximum lot coverage does not exceed 40%. ® This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. o The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: ® Recommend to Council approval of this SCUP with additional conditions. A Recommend to Council denial of this SCUP. ® Table this item for further consideration by the Commission. CITY OF LA PORT . ~ APPLICATION FOR . ~ SPECIAL CONDITIONAL USE PERNIIT Application No.: d ~/ •- Q [? f OFFICE USE ONLY: Fee: $300.00 Date Received: ~ -~,? .~ •_~,y Receipt No.: ~~? , ~ ' Cert'if'ied Plans Submitted: () General Plan ~ ~ () Major Development Site Plan () ~ Minor Developement Site Plan () Preliminary plat . Person Making Request: ~AN~.I` ~d ~.;E~, Mailing Address: t .5~,1 n ~ ~-~ e'vy~ r,c, (~ 2 City/State: BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRII''IZON: ZONE: -~w~ ~'S 1... ~,Z :.1~ex1~ i~' S ~T S t--'3°2. -~ltic.,lc l 1 ~ ~ SIC USE CATEGORY: TYPE OF BUSINESS: `~3o~a-v .. '~2,u ~' 1~~.;~.~ ~o2.~ei~. .4~Np ~~"~~.l~w~uo-~ E_ -"2(a o~ ~ DATE OWNER OR A RIZED AGENT OFFICE USE ONLY Date of P & Z Public Hearing: Date of City Council Meeting: Zone: This application is : Approved () Denied ( ) Permit No. CLP JOB # ~ (If Assigned Yet) Conditions: 6 Z,~,1 ~ ~I'~~i ~4~ .Phone: ~~l ~-`1'] Z ~~~-S ~ r ~ f Recommendation: Y or N Approved: Y or N ~%SW"~ ~e DATE 7.(1NTN(_ A rit~rnvrc-rn ~ -rnv "Draft" City of La Porte Special Conditional Use Permit ~ SCU 04-001 This permit is issued to: Randall Jones Owner or Agent 15910 Edgewood Dr. Houston. TX 77059 Address For Development of: Mini-storage/office warehousing (Saf_e_ Harbour) Development Name 1200 Block of South 13th Street. Town of La Porte Address Legal Description: Lots 1 thru 32, alleys. and aortions of street rights-of-wav.in Blocks 1135. 1136. 81137. Town of La Porte. Hams County Zoning: General Commercial (GC) Use: Mini-storageloffice warehousing. Permit Conditions: 1. SCUP#04-001 is specifically limited to the mini-storage/office warehouse as defined in SIC. #4225. 2. Enhance the building facade so that it blends with the existing commercial to be architecturally and aesthetically pleasing. 3. Rendering of the building facade shall be returned to the Planning and Zoning Commission for final approval as a first step before proceeding. If not approved, the SCUP becomes void. 4. The applicant shall file an application with the City to close alleys & street rights-0f--ways in Blocks 1135, 1136, and 1137, Town of l:a Porte. If successful, the property be formally replatted. 5. The property shall be screened and landscaped in compliance with required screening and landscaping provisions per Section 106-444(a) of the Ordinances. 6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 7. Ensure maximum lot coverage will not exceed over 40%. 8. This permit does not become valid until a Development Site Plan is submitted to the City; reviewed and approved in accordance with the requirements of the Development Ordinance. 9. The Developer shall comply with all applicable laws and ordinances of the City 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 trail shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary • ~ ,~ f ' }l • ~ ~ayf®rest lZanc Special C®nditi®nal LTse Permit #SCU0®002 Exhibits A. Commission's Action Request B. Aerial Map C. Zoning Map D. Staff lZeport E. Application F. SCUP G. Public Notice Response H. General Layout Special Conditional Use P~ #SCU04-002 • Planning and Zoning Commission March 24, 2004 Location of Pro osed Develo went 2000 Block of State Hi hwa 146 Le al Descri tion W. P. Harris Surve , A-30. A licant Hetti Man ement Co Present Zonin Planned Unit Develo went UD) Designated Area La Porte Golf Course Community Acreage 15 acres Surrounding Zoning North Planned Unit Development East Planned Unit Development South Planned Unit Development West Planned Unit Develo ment (PUD) (PUD) (PUD) UD Land Use Residential Activit Pro osed Multi-Famil Residential Summary: • The subject property is located at the northeast corner of McCabe Road at SH 146 adjacent to Bay Forest Golf Course. • The said parcel of land (15 acres) is a part of previously approved General Plan for the La Porte Golf Course Community. • The applicant is proposing 100 single-family homes for rental, a.k.a. "Bayforest Ranch" a project funded by the housing tax credit. • The current project is not consistent with the Special Conditional Use Permit #SCU03-002 recommended earlier by the Planning and Zoning Commission and approved by City Council. • To consider this project, the applicant is seeking an amendment to the SCU03-002 and General Plan approved earlier. • The previous SCUP and General Plan was approved with underlying land use as multi-family development. The intended development is a deviation of the approved general plan. Recommendations: • The project is not consistent with the Special Conditional Use Permit #SCU03-002 and General Plan. • The concept of using single-family dwellings in multifamily-type development is an issue, which needs to be addressed by the Commission • Staff recommends disapproval of the Special Conditional Use Permit #SCU04-002 (essentially an amendment to SCU03-002) Actions required by • Recommend to Council approval of SCUP #04-002 and an the Commission: amendment to the General Plan. This action will be amendment to previous SCUP#03-002 for this site only. • Recommend to Council approval of SCUP04-002 and an amendment to the General Plan with additional conditions. • Recommend to Council denial of SCUP#04-002 and amendment to the General Plan. • Table SCUP#04-002 and the amendment to the General Plan. • The Commission may also continue the public hearing to a future meeting. ~~ • • Staff Report Bayforest Ranch Preliminary Plat March 24, 2004 and Special Conditional Use Permit #SCU 04-002 Request: Approval of a Special Conditional Use Permit (SCUP) fora 100-units multi- family development. (free standing individual units) This request is essentially an amendment to the existing SCUP and General Plan for this site. Reauested Bv: Hettig Management Corp. Requested For: 15± acres of land located in the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located between State Highway146 and the Bay Forest Golf Course. This property is located at the northeast corner of McCabe Road at SH 146. It is bounded on the east by the Bay Forest Golf Course. On the north, it is adjacent to the La Porte Golf Course Community, a proposed single-family residential development on approximately 150 acres surrounding Bay Forest Golf Course. Present Zoning: Planned Unit Development (PUD) with a previously approved (10/13/03). • General Plan • SCUP #03-002 for multi-family with density and driveway access to be determined by a future development agreement. Requested Use: Multi-Family Residential Development (100 free standing individual units) During the presentation the Commission may hear comments/positions taken that the City's definitions of multi-family do not prevent the proposed 100- unit (free standing) multi-family units from being defined asmulti-family and thus allowable under the existing SCUP. Staff disagrees with this inference. We also feel that this project requires a new/amended SCUP because it does not resemble the material and proposed project presented to the Planning and Zoning Commission and City Council when the existing General Plan and SCUP were approved. Bacla:round: The developer (Arete) submitted a General Plan and Special Conditional Use Permit SCU#03-002 for 150 acres located at SH 146 just south of the Baypoint Townhomes. The General Plan proposed single-family residential, multi-family residential, and neighborhood commercial uses within the Planned Unit Development zoning district (PUD). At the Planning and Zoning Commission's August 27, 2003 meeting, a public hearing was held. During the public hearing, the Baypoint Townhomes residents questioned the extension of 8~' Street through their neighborhood into the proposed development. In addition, the residents submitted a petition against the extension of S. 8~' Street. Bayforest Ranch • • SCU04-002 March 24, 2004 Page 2 of 5 During their September 18, 2003 meeting, the Commission recommended approval of the General Plan and SCUP with a number of conditions: City Council at their October 13, 2003 meeting, approved the General Plan and Special Conditional Use Permit #SCU03-002 with one amendment removing the connection to 8~' Street. The permit conditions for land use allow multi-family development on this site. The approved SCUP stated the development agreement shall determine density and driveway access. Recently, the City learned through a public notification (attached) that Bayforest Ranch Ltd. applied for Housing Tax Credit with the Texas Department of Housing and Community Affairs. This proposed development will consist of 100 single-family homes for rental and also proposes on-site after school and summer services for children and other undetermined social programs which was not part of the original submittal or approved General Plan and SCUP. These homes would be built on approximately 15 acres, which is the subject of this application. Analysis: 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 azea was envisioned as developing as low density residential with a mixed commercial use. As per the approved General Plan, the multi-family development section consists of 15 acres and a 1.5 acre tract is reserved for commercial development. The proposed project is now single-family (free standing) homes for rental and the commercial reserve is enlarged to approximately 4.8 acres along McCabe Road. The intended development is a deviation of the approved General Plan for La Porte Golf Community and it is not in compliance with the eazlier permit conditions and land use designation. • Streets, Access, & Layout -The layout shows private streets with 28'right-of--way. One point of access is shown along frontage road of SH 146 and another along McCabe Road. The City's recently approved Public Improvement Criteria Manual (PICM) requires all street right-of--ways (ROVE to be 60'. In addition, Development Ordinance requires that the design and construction of private streets be identical to the public streets. If approved it is recommended that the developer redesign the current layout to ensure that street rights-of--way and building setbacks are in compliance with the ordinances. Bayforest Ranch • • SCU04-002 March 24, 2004 Page 3 of 5 • Utilities -There aze sufficient water distribution facilities along frontage road of SH. 146 and McCabe Road to supply potable water and fire protection to this proposed project. Currently, sanitary sewer service is not available to this site. However, the City's master sewer plan for the azea has been provided to the developers consultants (also the consultants for the development proposed by Mr. Burchfield). 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 -The proposed development lies within the Taylor Bayou Watershed and TIRZ #1. The channel improvements cannot directly receive stormwater runoff from this development. The City of La Porte has a master drainage plan for the Taylor Bayou watershed that was performed by Civil Tech last yeaz and has been accepted by the City. This master plan calls for regional detention for this area north of McCabe Road. The proposed layout shows detention within the site. If approved, this project and the entire General Plan will need to conform to the principles and findings of the Taylor Bayou Watershed Plan. • Parks and Open Space -The plan shows a pazk and open spaces in and azound the proposed development. If approved, the City's Pazkland dedications will apply. In addition to the passive pazk/detention areas, the development proposal should include in its deed restrictions that these azeas are private and maintenance would be the responsibility of the Homeowner Association. • Safety & Maintenance Issues -Staff analyzed the nature of this new development, evaluated pros and cons associated with this kind of development, and impact to the community. An overall density may not be an issue but the main concern is safety and welfaze of the public. This kind of development with single-family leased dwellings in a vacant status invites vandalism and other crimes due to the relative far proximity of the dwellings when compazed to apartments. When apartments aze vacant; control, security and observation aze still centralized. An increase in traffic and number of pazked cars in the development may contribute to the difficulty of monitoring the safety of the development. In addition, public services will be difficult to maintain in the azea. Bayforest Ranch SCU04-002 March 24, 2004 Page 4 of 5 • Miscellaneous Issues - In this location and sun ounding area, the Commission and the TIRZ have promoted development of a character and type that exceeds the typical development seen in the community. ^ There was some consideration when the Commission and Council approved the previous SCUP allowing multi-family units where the Land Use Plan and Comprehensive Plan Update promoted single-family development. This was based on presentation of a higher end multi-family complex with market driven rates. Additionally, the present SCUP provides for the density to be set by the (future) Development Agreement. ^ The developer previously stated that the perimeter landscaping along SH 146 and the drainage channel would equal that proposed for the SH146 boundary of the Golf Course Community. The general layout does not appear to do so. ^ If the Commission considers this project (or other free standing units), staff suggests that they meet the standards of our zoning and development ordinances to match the character of the adjacent development. ^ Harris County Housing Authority has stated they may participate in this proposed project financially and possibly become an owner. This may further complicate long-term management issues beyond the life of the tax credit program. ^ No covenants or restrictions were proposed to take care of short or long-term management and maintenance issues. (If received, the Tax Credit Program does require certain protections that eventually expire) Recommendation: The project is not consistent with the Special Conditional Use Permit and General Plan recently approved by both the Planning and Zoning Commission and City Council. Based on that plus other items discussed in this report, staff recommends Planning and Zoning Commission. disapprove the Conditional Use Permit Request #04-002 (essentially an amendment to SCUP #03-002). Options available to the Commission are as follows: • Recommend to Council approval of SCUP #04-002 and of an amendment to the General Plan according to this application. This action being an amendment to SCUP #03-002 as it relates to this site only. If approval is recommended, a draft SCUP is attached for the Commissions consideration. • Recommend to Council approval of SCUP #04-002 and of an amendment to the General Plan with additional conditions. Bayforest Ranch SCU04-002 March 24, 2004 Page 5 of 5 • Recommend to Council denial of SCUP #04-002 and the amendment to the General Plan. • Table SCUP #04-002 and the amendment to the General Plan. • The Commission could also continue the Public Hearing to a future date certain. AND COMMUNITY AFFAIRS W W W.TDH(:A.ST~-TE.TX.US ............................................ City Clerk RICK PERRY Martha Gillett GoF•ernor 604 W. Fairmont Parkway ~~~~~•~• P_ Cea°iurrnu La Porte, TX 77571 ~~, .. n,m~.,,._.. January 23, 2004 ,;,,~„ m:-^~Y` Re; Notification Affordable Housing Tas Credit Pre-Application # 01077 --~_.~ .- ----- cnai~ "~•~'• °~ . , _ . -.._~~ Dear City Clerk: Kant C.nnina ~~°i ~~~~zalez The purpose of this letter is to notify you, as required by law, that this Department received one or dii ici~ n"".Gordon more applications on January 9, 2004, proposing affordable housing development in your area. A uruerto ~aiinas summary of the basic development information for the application, or applications, is enclosed. The Texas Department of Housing and Community Affairs (the "Depaztment"), working with private real estate developers, provides high quality, affordable housing opportunities for income qualified Texans. The Department, under the Housing Tax Credit (HTC) Program, aids private developers in building affordable housing using federal tax credits to fund new construction and rehabilitation of multifamily residential developments. The value associated with the tax credits allows residences to be leased to qualified families at affordable rents. The Board will make its preliminary decision concerning the proposed development at its June 2004 meeting and its final decision at its July 2004 meeting. The exact dates are not yet scheduled. The Department will hold a series of public hearings in April 2004 to gather public comment on the submitted applications. The Department welcomes input on proposed developments at anytime. Early comment is particulazly helpful as the Department then has sufficient time to fully consider the input. A timeline and a summary of the basic development information for the submitted application(s) is transmitted with this correspondence. Please note that any announcement regarding further dates or notices concerning the 2004 Application round will be posted on our website at www.tdhca.state.tx. us/lihtc.htm. If you have any questions regazding this correspondence or the proposed development, please do not hesitate to contact the Department's 2004 Housing Tax Credit Information Officer and Liaison, Jennifer Joyce at 512.475.3995, or by a-mail at: Jennifer.Joyce@tdhca.state.tx.us. Sincerely, Brooke Boston Brooke Boston Multifamily Finance Production Division Director 507 SABINE-SUITE 400 ^ P. O. Box 13941 :ausTi~, Texas 18711-3941 (512) 47s-3800 TE DEPARTMENT OF HOUSING ~ •~0~07~ '~ ~`~~"~~~ ~~;~-,~-'REl:~1t~-~I~T~~f?~~EL~OP~MEN'~f~t~~LO~t'}VI'~Q~T~4~~ABP..A~~~=~ ` ,..,,~.'°; '.+~-e~.c .5.~ .. ra~.y~c,.. _-.5 ~-_. +......_.. ~F" ... .e.. ...r _'r.- t ,. 'kl'E!'94 .Y~i..£-~r.'1-.•. This form must be completed by the Applicant in its entirety. This form will be utilized by the Department in its notifications to officials required under §50.11(a)(3)(B) of the QAP. Applicant Name: Bayforest Ranch, Ltd. Development Name: Bayforest Ranch Apartments _ ___ Dev. Street Address: 2600 SH 146 South Dev. City La Porte Dev. County Hams Dev State and Zip Texas 77571 Applicant Contact Name: Isaac Matthews Contact Address: 1126 W. Tidwell Contact City/State/Zip: Houston, Texas 77091 Contact Phone: (713) 290.1802 Application Date: January 8, 2004 Total # Units: 100 Building/Unit ®Detached ^ Duplex ^ Triplex ^ Fourplex Configuration: Residence ^ 5 units or ^ Townhome ^ Single Room Occupancy _ more/building Location of Units: ®On a single lot or ^ In a ^ On scattered sites site subdivision Construction Type: ®Conventional ^ Manufactured ^ Modular/Structurally Integrated Onsite Panels Maximum # of Floors: 2 Elevator-Served: ®No ^ Yes Total Site Acreage: 15.32 # of Res. Buildings: 100 # of Non-Res. Buildings: 1 # Units per Acre: 6.52 Tenant Services (describe): Counseling services; Youth programs; and GED preparation. (#)[N/A] 1 bed/1 bath Units Rent: ($)[0] Average Sq Ft [0] (#) /A 2 bedll bath Units Rent: ($)[0] Average Sq Ft [0} (#) /A 2 bed/2 bath Units Rent: ($)[~0} Average Sq Ft [OJ (#) i /A 3 bed/2 bath Units Rent: ($)[O] Average Sq Ft LO] (#) 1Q0 4 bed/2 bath Units Rent: ($)829 Average Sq Ft 1,354 19 • ~o~ `t unit Amenities and Quality. Select All That Apply: ® Covered entries (1 point) ® Nine foot ceilings (1 point) ® Microwave ovens (1 point} ® Self-cleaning or continuous cleaning ovens ® Ceiling fixtures in all rooms (globe with ceiling fan in all bedrooms) ® Refrigerator with icemaker ® Laundry connections ^ Storage room or closet, of approximately 9 square feet or greater, which does not include bedroom, entryway or linen closets ^ Laundry equipment (washers and dryers) in units ® Thirty year architectural shingle roofing ® Covered patios or covered balconies ® Covered parking (including garages) of at least one covered space per Unit ® 100% masonry on exterior, which can include stucco and cementious board products, excluding efts ^ Greater than 7S° o masonry on exterior, which can include stucco and cementious board products, excluding efts ^ Use of energy efficient alternative construction materials (structurally insulated panels) with wall insulation at a minimum of R-20 ® R-1 S Walls / R-30 Ceilings (rating of wall system) ® 12 SEER HVAC or evaporative coolers in dry climates _ ^ Energy Star or equivalently rated Kitchen Appliances Common Amenities. Select All That Apply: ®Full perimeter fencing with controlled gate access ^Gazebo wlsitting area ^Accessible walking path ^Community gardens ®Community laundry room and/or laundry hook-ups in Units ®Public telephone(s) available to tenants 24 hours a day ^A service coordinator office ®Barbecue grills and picnic tables - at least one for every SO Units ®Covered pavilion w/barbecue grills and tables ®Swimming pool ^Furnished fitness center ®Equipped Business Center (computer and fax machine) ®Game/TV/Community room ^Library (separate from the community room) ^Enclosed sun porch or covered community porchJpatio ^Service coordinator office in addition to leasing offices ^Senior Activity Room (Arts and Crafts, Health Screening, etc.) -Only Qualified Elderly Developments Eligible ^Secured Entry (elevator buildings only) ^Horseshoe or Shuffleboard Court -Only Qualified Elderly Developments Eligible ^Community Dining Room w/full or warming kitchen -Only Qualified Elderly Developments Eligible ® Two Children's Playgrounds Equipped for S to 12 year olds, two Tot Lots, or one of each -Only Family Developments Eligible ®Sport Court (Tennis, Basketball or Volleyball) -Only Family Developments Eligible ^Furnished and staffed Children's Activity Center -Only Family Developments Eligible 2Q TE~~A-S DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ., ~~ .. ._. i ~-;j-~ .~ ~, Timeline for the 2004 Housing Tax Credit (HTC) Cycle FEBRUARY 2004. ~ . ~ "` ' ' : JMonday; l=ebruary 2 ~ ~ Results of HTC Pre-Application Round Released .MARCH 2004 ~ ~ . Monday, March 1 ~ Deadline for all final Applications to be submitted Friday, March 12 General Application Meetings` begin (held every other Friday through . the end of the Application Cycle at the TDHCA headquarters in Austin) Release submission log of all Applications received APRIL 2004 April 5-16 (approximately) Public Hearings on Applications Friday, April 30 ~ Last day for letters from qualified neighborhood associations to be considered eligible for Quantifiable Community Participation MAY 2004 Monday, May 31 Last day for letters to be received from local and state elected officials .representing constituents in areas that include the location of the Development as it relates to the scoring evaluation of each application JUNE 2004 June (dates uncertain) ~ Board meeting to review HTC recommendations and approve a list of applications for allocations of tax credits (legislated for no later than June -30) Release Application Log Notify all applicants of any support/opposition received on their application Deadline for receipt of public comment that will be forwarded to the Board. JULY 2004 July (dates uncertain) Board meeting: Board approval of final commitments for HTC (legislated deadline is July 31) *More information about specific dates, times and locations for these meetings will be released on the Department's website at: www.tdhca.state.tx.usAihtc.htm . BAYFOREST January 2, 2004 Mr. Philip Craigie Shady River Civic Association 3018 Lazy Pine Lane La Porte, Texas 77571 Re: BayForest Ranch Dear Mr. Craigie: RANCH, L~. Bayforest Ranch, Ltd. is pleased to announce it intends to submit an application to the Texas Department of Housing and Community Affairs for Housing Tax Credits for 100 single-family homes for rental. These homes will be built on 16 acres at the east side of the approximate 2600 block of State Highway 146 and the northeasterly comer of McCabe Boulevard in La Porte, Texas. A tremendous need for affordable housing exists in this fast growing southeast Harris County corridor. With the pending multi-billion dollar impact of the completion of the Bayport Terminal Complex and the proposed addition of a new cruise line depot, the steady growth of the La Porte community is projected to accelerate. In fact, the Bayport Terminal Complex is projected to have a positive job impact of over 25,000 for the area. This will accelerate the need of affordable housing in the La Porte community. Applicant's development will consist of four bedroom individual homes with attached one and two car garages. Additional parking will be adjacent to each home for residents and visitors. Applicant is appealing to all income levels with .market rate units and units priced for 40%, 50% and 60% of area median income. With easy accessibility to all parts of the city and immediate area located commercial and retail services, schools and hospitals, the location is desirable for all family members including the physically impaired and the elderly. The amenity package will be extensive and will include 9 foot ceilings; fenced in expanded patio area yards; a designated playground with equipment for two age groups; a furnished community clubhouse with kitchen and computer/fax room; public pay telephone; swimming pool; a covered barbeque pavilion with tables; private storage areas; limited access entry with perimeter fencing; ceiling fans in the living rooms and bedrooms of all units; full kitchen appliance packages; islands in the kitchens of all homes; and numerous energy saving features. Child and Adult Development Center of Houston, Inc., an experienced 501(c)(3) non-profit, with extensive experience providing these services, will conduct a Social Service Program. The Kids Out Of School Program operated by the social service provider wilt offer supervised after school and summer activities during the critical 3 p.m.-7 p.m. period and other times that school is not in session, the times when a parent is often not home in a household. The social service provider has contracts with the state workforce commission and, together with Applicant, is currently working with the other public and nonprofit agencies to assist with community and social service programs. Units will also be designed to meet standards for the physically impaired. 5325 Katy Freeway, Suite One • Houston, Texas 77007 • (7131 871-0063 • Fax (713) 871-1916 • Shady River Civic Association January 2, 2004 Page Two The overall development team has decades of experience with the development, management and overall operations of thousands of multi-family apartment units. Affiliates of the Applicant currently are involved in the ownership of approximately 1,700 units. Attached please find a copy of the Public Notification which will subsequently be placed in the newspaper. We hope you will support this proposed application. Please do not hesitate to contact Bany Kahn at 713-871-0063 with any suggestions or questions. Happy New Year. Very truly yours, C i Isaac Matthews IM/ad Enclosure • ~ • PUELIC NOTIFICATION Bayforest Ranch, Ltd. is making an application for Housing Tax Credits with the Texas Department of Housing and Community Affairs for Bayforest Ranch, 2600 SH 146 South, La Porte, Harris County, TX 7771. This new to be built development will consist of 100 single famil}• homes for rental, including 801ow income units. 12% of the units will target tenants with incomes less than 40% of the area's median income, 20% of the units will target tenants with incomes less than 50% of the area's median income, and 48% of the units will target tenants with incomes less than 60% of the area's median income. 20% of the units will be market rate units. The number of units and proposed rents (less utility allowances for the subject property's tax credit units) are: 48 4 Bedroom/2 Bath Homes for $894 20 4 Bedroorn/2 Bath Homes for $721 12 4 Bedroom/2 Bath Homes for $549 The development will also offer market rate units to the general public. The number of units and proposed rents for the subject property's market rate (non-tax credit program) units are: 20 4 Bedroom/2 Bath Homes for $950 If awarded credits, this development is expected to be ready for occupancy by l~iarch of 2006. For more information on this notice, please notify Isaac 1~Iatthe~vs, IVE Bayforest, LLC, ~32~ Kary Freeway, Suite One, Houston, Texas 77007, (713) 871-0063. ~' CITY ~OF LA PORT APPLICATION FOR CpT~ !''TAT ('' n1~T11TTTn1~T A T T TCL~T£n~ ~rvm Application No.: _ 0 ~ ~= OFFICE USE ONLY: Fee: X300.00 Date Received: _ ~~ ~ 7 Receipt No.: ~%lbZ.. `"°-`'~~-' Plans Submitted: l,q.~°~~ General Plan ~,C.ou1,o,,c~') () Major Development Site Plan igloo ~~I ~ Minor Develo m ~~ () pe ent 5rte Plan Person Making Request: ~ I~1R: ~~ ~f rl'i(a Mailing Address: J'r3~.5 1-~f;' ~k~.~E~s~A ~' ~~;rF l City/State: J~Ji~s!`V.y ,~ ~~ ~1 ~JJJ~J - ~~ `7 Phone: `7~3.4s'7~• ~J~3 BUSIlVESS NAME: ~ /Y~~i~ i~~~~i(-:f~~l ~~~r,Y-~q~~ Y PROPERTY ADDRESS: ~~~~ A5 ~~~'~~.) LEGAL DESCRIP'IZON: ~o~,~~.n~S nrj G~v~~ ~ Lo~~i~biiy''~"k1~ /~A1~15Su~~E~' Q'3~ ZONE: TYPE OF BUSINESS: (?a`l 3,'~ 02~I ATE -. - ~U~ SIC USE CATEGORY: ~~ul~i - ~~~-I~ OFFICE USE ONLY Date of P & Z Public Hearing: Recommendation: Y or N Date of City Council Meeting: ~ ~ ~ Approved: Y or N Zone: This application is : Approved () Denied () Permit No: CLP JOB # (If Assigned Yet) Conditions: TATG' rl /11TT1TI7 ~ n~ R~e~w~.ww .www OWNER OR AUTHORIZED AGENT "Draft" City of La Porte Sp f I Conditional Use Permit # SCU 0 2 This permit is issued to: The Hettig Management Cora. Owners 340 N Sam Houston Parkway East. Suite#140 Houston. TX 77060 Address 5325 Katy Freeway Suite #1 Houston, TX 77007-2257 Address For Development of: Proposed Bavforest Ranch Development Name Located at SH 146 north of McCabe Road Address Legal Description: 15+ acres of land being located in the W.P. Hams Survey. A-30 City of La Porte, Harris County. Texas Zoning: Planned Unit Development (PUD) Use: Multi-family residential Permit Conditions: 1. Allow only multi-family development near McCabe & SH 146. The Development Agreement could determine density and driveway access. 2. Enlargement of a commercial trail will be detemtined when the Development Agreement is created. 3. The developer redesign the current layout to ensure that street rights-of-way and building setbacks are in compliance with the ordinances. 4. Future approval of the plats and construction drawings will need to be in accordance with the master sewer plan for south La Porte or agreed modifications. 5. This project and the entire General Plan will need to conform to the priniciples and findings of the Taylor Bayou Watershed Plan. 6. The City's Parkland dedications will apply. In addition to the passive park/detention areas should include the deed restrictions that these areas are private and maintenance would be the responsibility of the Homeowner Association. 7. Agreements for the provision of public services within this complex will need to be made between the City and the owner/developer. 8. The perimeter landscaping, pedestrian paths, or sidewalks along SH 146 and the drainage channel would equal that proposed for the SH 146 boundary of the Golf Course Community. 9. Retum with the Development Agreement, plat, deed restrictions etc. refirming and resolving the above conditions. 10. The applicant must secure a maintenance bond, accorciing to the City's mufti-family provisions, or seek an approved alternate. 11. 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. Validation Date: I~irPrtnr of Planning city SPrxatarv ~' • • Preserve at ayior Bayou Special Conditional Use Permit #SCIJ04®®03 Exhibits A. CoBnanission's Action Itegne~t ~. Aerial Map C. Zoning 1VIap D. Staff Rep®rt E. Application F. SCUP G. Public Notice itesponse H. General Plan Special Conditional Use P t #SCU04-003 Planning and Zoning Co .. ion March 24, 2004 • Location of Pro osed Develo meat 1200 Block of McCabe Road Legal Description TRS 8, 8A, SF-1, 49A, & 9B; W. P. Harris Surve , A-30. A licant Robert Burchfield Present Zonin Planned Unit Develo meat (PUD Project Name Preserve at Taylor Bayou Acreage 28.43 acres, 77.5 acres (nature preserve) Surrounding Zoning North Planned Unit Development (PUD) East Low Density Residential (R-1) South Low Density Residential (R-1) West Planned Unit Develo meat (PUD Land Use Residential Activit Pro osed Multi-Famil Residential Summary: • The subject properly is located at the southeast corner of McCabe Road at SH 146 near Taylor Bayou. • The said pazcel of land consists of 28.43 acres (PUD) out of 107 acres tract located south of McCabe Road and the easterly right-of- way line of State Highway 146. • The applicant is proposing multi-family development, which will be developed in two phases. The plan also shows two points of entrance/exit along McCabe Road. • The applicant has stated that funding for PUD portion of the said project is in place. The funding for the trails will be determined once a decision is made about who owns the Nature Preserve. • The Nature Preserve concept requires more details including the exact layout, trail materials and structure, i.e. decks, benches, etc. estimated yeazly maintenance costs and formal dedication instrument before considering the concept by the City. • Anew lift station is proposed neaz the east end of the property and McCabe Road in accordance with the City's sanitary sewer master plan for this area. • The Environmental Assessment and Traffic Impact Analysis studies have been completed for the said project. • The Nature Preserve ownership and responsibility for its Recommendations: maintenance must be established. • The overall density shall not excced 14 dwelling units per acre. • The public shall have an access to the conservation area and maintenance will be responsibility of the owner/developer. • Provide an irrigation system to ensure that all landscaping and screening propery maintained by the owner/developer. • The applicant must construct a lift station and dedicate easement to the City at Taylor Bayou and McCabe for future lift station. • The developer shall contribute to haffic calming devices/tools(i.e. right turn lane) to ensure traffic congestion does not occur. • The applicant must secure a maintenance bond, according to the Actions required by City's new multi-family regulations. the Commission• • • Recommend to Council approval of this SCUP1/04-003.. • Recommend to Council approval of this SCUP with additional wnditions. • Recommend to Council denial of this SCUP. OR Continue the public hearing at the Commission's next regular meeting to allow further study of this item. This results in tabling any acxion on this item. liJ`7)~1n1~ • • Staff Report Preserve at Taylor Bayou March 24, 2004 General Plan & Special Conditional Use Permit #SCU 04-003 Request: Approval of General Plan and Special Conditional Use Permit (SCUP) for 107± acre tract. Requested By: Mr. Robert Burchfield, Burchfield Development, L.P. Requested For: A 107-acre tract out of the W. P. Hams Survey, A-30, La Porte, Hams County, Texas. This property is fiuther described as being located in the 1200 Block of McCabe Road. Present Zoning: Planned Unit Development (PUD) 2( 843 Ac), Neighborhood Commercial (1.35 Ac) and Single Family Residential (77.41 Ac) Requested Use: 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 Total 418 units Density 14.7 units/Ac Background: 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 ~ Ac and ~ 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 400± apartment units and a 77± Ac nature preserve. The proposed development included a 4-acre detention pond/water feature sun:ounded by jogging trails, and play areas. Based on these earlier presentations the staff sent two letters to Mr. Burchfield (attached). Preserve at Taylor Bayou • • March 24, 2004 Page 2 of 5 In General: 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. Analysis: 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 corner for commercial uses. However, this proposed apartment development is not considered to be low-density residential. The corner commercial (1.35 Ac) is consistent with the City's Land Use Plan. • Streets -The proposed development is located at the corner 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 Anal: The applicant has submitted a traffic analysis study report. The report takes into account full development of 418 apartments for abuild- 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 of 5 given the parameters stated above, will rate no worse than LOS B and concludes no adverse impact for this development. Topography -This azea 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 asmulti-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 aze sui~icient 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 prepazed a long-term sanitary sewer master plan for providing sewer service to unnerved azeas of southeast La Porte. The master plan calls for the elimination of a lift station #12 and new lift station to be constructed neaz the corner of intersection of A104 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 yeaz. The plan calls for regional detention for this azea. Efforts should be made to work with the developer north of McCabe Road towazds 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 aze 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 concept needs to be presented 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 of 5 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 of this item. This results in tabling any action on this item. • August 8, 2003 Mr. Robert. Burchfield 2123 W. Governors Circle #400 Houston, TX 77092 Re: PUD/ 29 acres at McCabe Road at SH 146 Dear Mr. Burchfield, Es~a~lisr'!ed 189? Recently, the La Porte City Council approved the rezoning of 13.73 acres from Low Density Residential - 1(R-1) to Planned Unit Development (PUD). This yields over 29 acres zoned PUD at this location. We anticipate that you will. file a Special Conditional Use Permit (SCUP) application for the proposed development south of McCabe Road. ~ - - -- ~ -- ~ - - ~-- -~ ~ - -- - - - - -~ ~ ~ ~ - ~ ~ ~ - Based on our familiarity of the project from previous submittals and on questions/comments raised at the recent public hearings, we suggest that the required SCUP submittal and supporting documentation also address the following issues: 1. Market study -provide information regarding the market viability for proposed project. 2. Financing -provide confirmation that the financing for the proposed multi-family development is secured and monies are available for trails system and wetland reserve. 3. Lift station -confirm by letter or other evidence that the Army Corps of Engineers approves of the location for the future sewer lift station approved in an earlier general plan and proposed for dedication. 4. Environmental issues -provide reports/studies indicating the extent of wetlands and the amount of land that can be developed. Define the boundaries of the wetland reserve and identify the responsible party for maintenance. 5. Trails -provide plan to develop trails. Determine who will own and maintain the trail system, and if the general public will have access to the trails, and if local regulations can be enforced regarding usage, hours, etc. /6. General Plan -show general layout of the proposed development, trails system, wetland reserve, and utility layout. ~1. Traffic analysis -include information regarding .roadway capacity, current traffic volume, and impact of your proposed development and proposed improvements to McCabe Road. Coordinate with Texas Department of Transportation (TxDOT) to propose/construct feeder road off SH 146. +~ Show location and plans for relocation of the Southwestern Bell station on the property. o d,o ao~ ~Lo..~ ~ ~ p~eZoc.~e,,: ;i~,-~ ~r~` ra~rmant Pk~rvv. • La P~~rte, Texas 775i 1 (_s t) :71-5J20 • • 9. Confirm to what extent Army Corps Of Engineers will approve utilities, trails, and other improvements i.e. picnic areas, benches. 10. Coordinate with the City of La Porte & Army Corps Of Engineers to discuss if a portion of the proposed reserve could be used for stormwater detention. If you have additional questions, please call me at 281-471-5020 ext. 292. Sincerely, en Goodwin, ity Planner C: John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney .~ • ~~4::; i Y~ ~;y ~:. s. .. ~.~:. ':k'w`V ` . :.~~ " , ,~'~1du~~' ~ TEXAg October 29, 2003 Mr. Robert Burchfield 2123 W. Governors Circle #400 Houston, TX 77092 • ~i~ City of La Porte Established 1892 Re: Burchfield Development -The Preserve at Taylor Bayou Special Conditional Use Permit Dear Mr. Burchfield: After review of the proposed development, staff found the following items need to be addressed: 1. Needs a new application for Special Conditional Use Permit (SCUP) based on the current zoning. The application is attached for your convenience. 2. Anew General Plan shall be filed and it will be processed simultaneously with the conditional use permit. The general plan checklist .is enclosed for your convenience. Items discussed and included in previous correspondence need to be identified in the general plan include the following: • Location of the lift station, necessary easements for lift station and utility lines. • Wetlands • Trails • SW Bell Staxion • Public parkland, if any. Based on your report submitted to the City on October 8, 2003 in response to our letter dated August 8, 2003, the following items discussed by you at the meeting need to be addressed more fully also: 1. Financing -provide confirmation/proof of funding allocation for multi-family and trail development. 2. Lift station -confirmation letter from the Army Corps of Engineers approving the location of lift station as shown on the approved general plan dated September 21, 2000. 3. Environmental issues - provide an environmental assessment of the area, and if over three years old, then have it updated. The Environmental Assessment Issues (EAI) study must be submitted and approved by the Army Corps of Engineers. 4. Trails - needs a letter of confirmation from the Legacy Land Trust approving trail layout and accepting maintenance and management responsibilities of the conservation easement, should your project be approved. b0? W. Fairmont Pkwy. • La Porte, Texas 77571 (281) 471-5020 • • 5. Traffic analysis -needs to be performed by a Professional Traffic Engineer and the traffic impact analysis (TIA) must be coordinated with TxDOT. The study at a minimum needs to contain information and/or evaluations of roadway capacity, current traffic volume, and proposed improvements to McCabe Road & SH 146 feeder road. 6. Pazkland dedication in accordance with the City's Development Ordinance, if any. A copy is enclosed for your convenience. Once you completed the above items, the public hearing for this project will be scheduled. At that time, the Planning and Zoning Commission will consider and possibly take action on the item. If you should have any questions, please contact me at (281) 471-5020,ext. 232. Sincerely, ,~ w s Nic olas 7. Finan Interim Planning Director /attachments CITY OF LA PORTl~ . ~ APPLICATION FOR ' CpF f'T A T !''lI~ITTl11~7 A T T TQ ~~n~ ~r-rm ~~~ 1 L' i~lrll 1 Application No.: D jl •- QC! .3 OFFICE USE ONLY: Fee: $300.00 Date Received: ~ ._ „? -n y ' ~ R E C E I V F n Receipt No.: -, ~yZ~ Certified Plans Submitted: ~~ ( General Plan MAR - ~ 2004 . ~ () Major Development Site Plan () ~ Minor Developement Site Plan () ~ Preliminary Plat Person Making Request: Mailing Address: ~ l z3 ~W ~ Goat.- ~ o f,,'• C;,- ~_!~ 5~.:~~c x(00 . City/State: ~~~ 3' ~o~ ~ ~~~ ~ ~ Phone: 7~ ° s 6 - vSS',S' BUS~SS NAME• !_ r CS r. rr~ C Gi ~ I !~ j/ Lo •~ ~c~ ~~ . PROPERTY ADDRESS: LEGAL DESCRIPTION: ZONE: SIC USE CATEGORY• TYPE OF BUSINESS: ~ ~u ^ ^ e~P Uy ; t ,d ~ ~ r l p ~ { ~ ~ DATE OWNER OR AUTHORIZED AGENT OFFICE USE ONLY Date of P & Z Public Hearing: ~ ~ Recomnnendation:~ Y or N Date of City Council Meeting: Approved: Y or N Zone: This application is : Approved () Denied () Permit No. CLP JOB # (If Assigned Yet) Conditions:' 71ATG' I `~ ~ 1J11: Gr'1 i~r ::f 2i'`yk~ p U 11 r7 /11TT1TI", ~ r~ rr~.~w.w~ ~.~~ 11 "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 Circe #400 Houston. TX 77092 Address For Development of: Preserve at Taylor Bayou (Mufti-family development) Development Name 1200 Block of McCabe Rd. CcD_ SH 146. La Porte. TX Address Legal Description: 28.43 acre tract out of 107 acre tract of land. W.P. Hams Survey Abstract-30. La Porte. Harris County. Texas Zoning: Planned Unit Development (PUD) Use: Multi-family development Permft 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/developershell 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 (i.e. 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 mufti-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 permft 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. Validation Date: Director of Planning City Secretary ~~