HomeMy WebLinkAbout07-15-2004 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• •
Minutes of the Meeting
CJ
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PLANNING AND ZONING COMMISSION
MINUTES OF JULY 15, 2004
Members Present: Betty Waters, Dottie Kaminski, Doretta Finch, Nick Barrera, Paul Berner,
Kirby Lipscomb, Jr.
Members Absent: Alternate Members Hal Lawler and Ross Morris
Citv Staff Present: Interim Planning Director Nicholas Finan; City Planner, Wayne Sabo;
Planning Coordinator, Masood Malik; City Prosecutor, Clark Askins
1. CALL TO ORDER
Meeting called to order by Chairperson Waters at 6:00 P.M.
2. APPROVE MINUTES OF THE JUNE 17, 2004, REGULAR MEETING 8 PUBLIC
HEARING.
Motion by Dottie Kaminski to approve the Minutes of June 17, 2004. Second by Paul
Berner. The motion carried.
Ayes: Kaminski, Bemer, Finch, Barrera, Lipscomb, and Waters
Nays: None
Abstain: None
3. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY
COUNCIL REGARDING REZONE REQUEST #R04-007 FOR 7.08 ACRES OF LAND
LOCATED IN THE 1100 BLOCK OF BAYSHORE DRIVE, BAYSHORE PARK
SUBDIVISION, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS. THE METHODIST
RETIREMENT COMMUNITIES C/O ALDERSGATE TRUST, SEEKS TO REZONE THE
PROPERTY FROM LOW DENSITY RESIDENTIAL (R-1) AND MEDIUM-DENSITY
RESIDENTIAL (R-2) TO HIGH DENSITY RESIDENTIAL (R-3) FOR A PROPOSED
SENIOR APARTMENT COMPLEX.
Planning Coordinator, Masood Malik, outlined the material presented to the Commission.
The applicant, Richard Ogrin, on behalf of Methodist Retirement Communities, has
requested a zone change from R-1 and R-2,~to R-3 for a proposed 63-unit senior
apartment complex at 1106 Bayshore Drive. The complex will be an extension of the
Happy Harbor Methodist Home located at 900 Park Avenue.
Public notices were mailed to 34 nearby property owners. The City received two
responses from the mailout;~ one in opposition and one in favor.
Richard Ogrin, 15750 Fleetwood Oaks, Houston, TX., spoke in favor of the zone change.
Delicia Tumer, 10105 N. °P°, owner of American Title in Deer Park, worked with Mr.
Ogrin and the Methodist Foundation on a senior apartment complex in Deer Park and
was very impressed. Ms. Turner feels the proposed project will be an asset to the
community.
Plannin and Zonin Commis•
9 9
Minutes of July 15, 2004
Page 2
Mark McBride, 1200 Bayshore Dr., addressed the Commission. Mr. McBride lives next
door to the existing facility and has concerns about the lack of parking and condition of
the existing building. He feels there is a plan for that area and wants to know when the
City is going to buy up the land.
Jackie Gray McCormick, 915 S. Utah, addressed the Commission. Ms. McCormick
wants to know what will happen to the land behind her home and how it would affect her.
Ms. Kaminski questioned the size of the apartment complex for the amount of given land
and asked what the parking requirements are for a project this size. City Planner,
Wayne Sabo, noted the requirements for parking and the applicant's option to request a
parking variance.
Bernard Legrand, 3115 Layne Ct., asked the Commission to take into account the
possibility of a hurricane, when considering a proposed three-story building along the
bay for seniors.
Kathy McBride, of 1200 Bayshore Dr., questioned if the development would be for
independent seniors or assisted living, and how that would affect the parking situation.
Mr. Barrera asked if the property were rezoned to R-3 then sold, could regular
apartments be built. Mr. Finan confirmed that was correct.
Motion by Dottie Kaminski to recommend to City Council, denial of Rezone Request
#R04-007 to rezone 7.08 acres in the 1100 Block of Bayshore Dr. Motion died for lack
of a second.
Motion by Paul Berner to recommend to City Council, approval of Rezone Request
#R04-007 to rezone 7.08 acres in the 1100 Block of Bayshore Dr. Second by Nick
Barrera. The motion carried.
Ayes: Berner, Barrera, Kaminski, Finch, Lipscomb, and Waters
Nays: None
Abstain: None
4. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL
CONDITIONAL USE PERMIT REQUEST #S0004-010 FOR 4.00 ACRES OF LAND
LOCATED AT 2619 UNDERWOOD ROAD, FURTHER DESCRIBED AS A TRACT
OUT OF LOT 10, BLOCK 2 OF THE W.J. PAYNE SUBDIVISION, LA PORTE, HARRIS
COUNTY, TEXAS. THE APPLICANTS, LLOYD ~ LINDA DUNCAN, SEEK A
SPECIAL CONDITIONAL USE PERMIT FOR DEVELOPING AMINI=STORAGE AND
WAREHOUSING FACILITY IN A GENERAL COMMERCIAL (GC) ZONE. (Item was
tabled at the June 17, 2004 meeting.)
City Planner, Wayne Sabo, presented staffs report. The applicants, Lloyd & Linda
Duncan, propose to develop amini-storage/warehousing facility on a four acre tract
along Underwood Road. On April 15, 2004, the Commission considered the matter and
recommended that Council deny the applicants' request. The applicants presented
Plannin and Zonin Commi~n •
9 9
Minutes of July 15, 2004
Page 3
revised plans to Council. Council sent the item back for the Commission to review the
revised plans. One June 15, 2004, the Commission conducted a public hearing on the
matter. The item was tabled pending receipt of plans.
Mr. Sabo noted the proposed use is appropriate~due to the shape of the tract of land and
the pipeline easement.
Interim Planning Director, Nicholas Finan, noted the property has not been platted and
although the proposed use is appropriate, the land could serve a better use and benefit
as commercial/retail.
Public hearing notices were previously mailed.
Rich Keeton, 821 Wagon Trail, Austin, TX addressed the Commission on behalf of Mr.
and Mrs. Duncan. The facility will be upscale with storage and office units. Several
neighboring property owners support the project. Mr. Keeton showed the Commission
photographs of the property and addressed concerns pertaining to aesthetics,
landscaping, and drainage. The type of building exterior being proposed is the same as
most of the buildings along the road.
Delicia Turner, 10105 N. "P°, agreed with the use being proposed.
Mr. Lipscomb recommended approval.
Motion by Paul Berner to recommend to City Council, approval of Special Conditional
Use Permit #50004-010 for development of amini-storage and warehouse facility to be
located at 2619 Underwood Road with the following conditions:
1. SCUP#04-010 shall be specifically limited to the mini-storage/warehouse as
defined in SIC #4225.
2. Development abutting "R-1" district shall be screened and landscaped in
compliance with required screening and landscaping provisions per Section 106-
444(a) of the Ordinance; plus the additional requirements as listed.
3. Provide at least 20' wide planting strip of heavy landscaping abutting residential
development in the rear. All landscaping and screening shall be maintained by
the owner/developer. Current trees adjacent to the residential development shall
be maintained.
4. Additional landscaping shall be placed along the entire front and both sides for a
depth of at least 100' and at a width of at least 5'. This landscaping shall be sight
bearing. Landscaping plan shall be approved by the City.
5. A masonry wall shall surround the complex. No bay doors shall be facing
Underwood. The facility shall have a masonry front facade as indicated in the
applicant's renderings.
6. Facility lighting shall be arranged as to reflect the light away from the adjacent
residential properties.
7. All outside storage shall be screened from public view.
8. Enhance ~ building facade so it blends with the existing commercial to be
architecturally and aesthetically similar.
Planning and Zoning Commis3Ton •
Minutes of July 15, 2004
Page 4
9. Utility extension and maintenance/repair of paved driveway over pipeline
easement shall be the responsibility of the owner/developer.
10. All non-service transmission pipeline crossings must have the approval of the
pipeline company.
11. Ensure that maximum lot coverage does not exceed 40°~.
12. Provide on-site detention for the development and design in such a way as to not
inhibit normal sheet flow of adjacent properties.
13. This permit does not become valid until a formal Minor Development Site Plan
and Plat are submitted to the City; reviewed and approved in accordance with the
requirements of the Development Ordinance.
14. The Developer shall comply with all applicable laws and ordinances of the City
and the State of Texas.
Second by Dottie Kaminski. The motion carried.
Ayes: Berner, Kaminski, Barrera, Linscomb, Finch, and Waters
Nays: None
Abstain: None
5. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY
COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU04-012 FOR
1128 ACRES OF LAND LOCATED IN THE W.P. HARRIS SURVEY, A-30. THE
APPLICANT, ARETE REAL ESTATE 8< DEVELOPMENT CO., SEEKS A SPECIAL
CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT IN THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.
Mr. Sabo presented staffs report. In order to move forward, the applicant, ARETE Real
Estate & Development Co., has requested a new special conditional use permit to
replace the one approved in 2003. The new request includes 135.4 acres, 411 lots and
18 Reserves in seven sections known as the Lakes at Fairmont Greens to be located in
the 2000 Block of State Highway 146. The request excludes the multi-family portion and
the land swap.
Public notices were mailed to 49 property owners. The City received one response in
favor of the request.
Joe Fogarty, 1518 Ash Meadow, Houston, TX addressed the Commission. Mr. Fogarty
believes he has tried to accommodate the Commission and Council and is ready to
move forward.
Bruce Meismer, 10824 Spruce Dr. N., addressed the Commission. Mr. Meismer
concurred that Mr. Fogarty has diligently worked through all of the problems.
Motion by Paul Berner to recommend to City Council, approval of Special Conditional
Use Permit #SCU04-012 for 1135.4 acres in the 2000 Block of SH 146 to be developed
for single family and commercial use with the following conditions:
Planning and Zoning Commis~n •
Minutes of July 15, 2004
Page 5
Land Use:
1. Allow single-family lots with 70' along the Golf Course and 60' to 65'
width lots in other areas.
2. Maintain the redesign of the single-family lot layout so that lots do not
front on 8"' Street.
3. Allow commercial development .near McCabe & SH 146
. (approximately 5 acres thereby qualifying for a PUD). A further
refinement of the commercial activity will be determined when the
Development Agreement is created.
4. A 20 acres tract in center of development remains PUD without land
use designation. But, underlying land use from the Comprehensive
Plan indicates single-family residential.
Streets:
1. Remove existing chain link fencing on border of golf course property.
2. Avoid using 8~' Street during construction phases of devleopment.
3. Provide emergency access to the golf course from McCabe Road area (alley
and gate) to allow ambulance into this area of the course.
4. Center turn lanes on Wharton Weems should be considered.
5. Traffic signal on Wharton Weems and S.H. 146 is needed at the time the
subdivision is developed. The Developer should coordinate with TXDOT.
Traffic impact study shall be initiated to look at the need for widening and
additional lanes at Wharton Weems with crossover consideration in
conjunction with improvements on S.H. 146.
6. 8~' Street not to go through. Design adead-end with a temporary cul-de-sac
added until it is determined if additional ROW is needed for park access.
7. A possible redesign of,Section 5 may be needed to allow secondary access to
S.H. 146 and roads may have temporary cul-de-sacs to plan for future tie-ins
between Section 5 and Section 3.
Detention:
1. Ensure that lake/detention areas are continuous. Provide wrought
iron fencing to prevent free movement of pedestrian traffic between
the golf course and the subdivision. Install wrought iron fencing along
the rear of each lot overlooking the golf course/detention lake area or
between detention lakes and golf course, or other fencing
alignment/material approved by City Staff.
2. Size outflow piping so that water is retained sufficiently to prevent
flooding on the goff course or the subdivision.
3. Discuss rounding right angle comers of detention areas, (possibly
utilizing City-owned land to do so); this will increase detention
capacity for the lake system.
4. Maintenance of detention, down to the water level, should be
determined in the development agreement.
5. Outflow is needed to gain access to reserve `Z', which is not owned
by the applicant. Total volume should be in line with the
recommendations by the Taylor Bayou study.
Partcs. trails, and~landscaaina:
1. Add at least one 1-2 acre park site in additon to the passive park/detention
areas.shown in the 1gt round.
Planning and Zoning Commis• •
Minutes of July 15, 2004
Page 6
2. Install play/service equipment to the current City of La Porte park standards (e.g.
playground, picnic areas, trash cans, barbeque pits, etc.).
3. Incorporate pedestrian/bicycle trails along the linear detention/park areas, with
entry and exit to the subdivision, in at least 4-5 locations along its length.
4. Note that pedestrian/bicycle trails will be primarily for the use of the subdivision
owners and shall be maintained by the homeowner's association.
5. Create winding pedestrian/bicycle trails with trees situated to add shade and
landscaping to trails, both along the linear park.
6. Provide apedestrian/bicycle path from SH 146 to Little Cedar Park along the
north perimeter of the subdivision, with a connection to the east side
pedestrian/bicycle trail.
7. Sidewalks are recommended along both sides of Wharton Weems and McCabe
Road.
8. As advised by TxDOT, create a landscaped sound wall along SH146 outside the
10' utility easement to have to reduce noise levels for the subdivision; if berms
utilized, then shrubbery planted along the top (i.e. oleanders) to provide
additional sound deadening. The design of the sound wall must be approved by
City Staff.
9. Irrigation shall be provided to allow establishment of all plant material.
10. Clearly state in covenents or deed restrictions that it is the responsibility of the
homeowners to pay for all costs for repairs that are incurred when property
adjacent to the existing golf course and driving range is damaged. Or if feasible,
provide a protective mechanism that prevents damage to property that is
adjacent to the golf course or driving range.
11. Install a pedestrian bridge over Taylor Bayou to provide continuity for internal
subdivision alternative transportation, if necessary.
12. Return with the Developer's Agreement, plats, deed restrictions, etc. reaffirming
and resolving the above conditions.
13. Plans shown, once accepted, cannot change unless in the case of minor road or
lot configuration as determined and approved by the Director of Planning.
Mandatory items:
1. Coordinate infrastructure plan (e.g. drainage, water and sewer) with City
Staff.
2. All deeds, covenants, etc. reviewed and approved by the City of La
Porte.
3. Pay the associated public hearing costs.
4. Comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Second by Nick Barrera. The motion carried.
Ayes: Berner, Barrera, Kaminski, Finch, Lipscomb, and Waters
Nays: None
Abstain: None
6. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY
COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU04-007
(AMENDMENT TO #SCU03-002) FOR 1501 ACRES OF LAND LOCATED IN THE
W.P. HARRIS SURVEY, A-30. THE APPLICANTS, HETTIG MANAGEMENT CORP.
Planning and Zoning Commis3Ton •
Minutes of July 15, 2004
Page 7
AND ARETE REAL ESTATE 8 DEV. CO., SEEK A SPECIAL CONDITIONAL USE
PERMIT FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT (A.K.A.
BAYFOREST RANCH) IN THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.
(Item has remanded back from City Council.)
Mr. Sabo gave a brief history of events related to SCU04-007. Chairperson Waters read
a letter from the applicant, Hettig Management Corp. requesting the item be withdrawn
from consideration.
The public hearing was conducted. Mr. Legrand commented that approval of a new
special conditional use permit in a previous item should have voided this one.
Motion by Dottie Kaminski to accept the withdrawal by the applicant and consider the
application abandoned and recommend to City Council, denial of Special Conditional
Use Permit #SCU04-007 (Amendment to #SCU03-002) for amulti-family residential
development AKA Bayforest Ranch. Second by Kirby Linscomb. The motion carried.
Ayes: Kaminski, Linscomb, Bemer, Barrera, Finch, and Waters
Nays: None
Abstain: None
7. CONSIDER A FINAL PLAT FOR PROPOSED FAIRMONT PARK EAST BUSINESS
PARK.
Mr. Malik presented staffs report. The applicant, Eddie Gray, has requested approval of
a Final Plat for Fairmont Park East Business Park to be located in the 10400 Block of
Fairmont Parkway. Staff recommended approval with conditions.
The Commission and staff discussed the conditions.
Motion by Nick Barrera to approve the Final Plat of Fairmont Park East Business Park
with the following conditions:
1. Secure a joint driveway to the rear of all properties that exit on Farrington Blvd.
2. Subdivision covenants and restrictions shall reflect a reference of common use
access easement and the owner/developer shall be responsible for its management.
3. Subdivision covenants and restrictions should reflect a reference of common use
access easement and the owner/developer shall be responsible for its management.
4. Access for Reserve 1 on Farrington Blvd. shall be a common drive only.
5. Determine landscaping, screening and buffering mechanism to protect proposed
residential from commercial developments in the rear.
Second by Dottie Kaminski. The motion carried.
Ayes: Barrera, Kaminski, Linscomb, Bemer, Finch, and Waters
Nays: None
Abstain: None
' ~ Planning and Zoning Commi~
Minutes of July 15, 2004 ~..
Page 8
•
8. STAFF REPORTS .~ ~ ~ ~ ~ ~ -
Chairperson Waters read a June 30, 2004; resignation letter.from Ralph Dorsett.. ~.
Mr. Malik reported the followings ~ .. - :.
- Several. Commission _~and staff ~ membersattended. the ~ HGAC Regional
. ~ ~. ~. Workshop: Mr. Malik provided all Commission Members.with copies of workshop
materials. _
~~ - Discount Tire on Spencer Highway is open for business..
~. ~ - ~. Texans Sports Bar 8 Grill is under construction.
~. -~ Fairmont Park East Subdivision, Section 11 ~is underway. -~~ .
- Mauk's Produce (Fresh vegetable market) is under construction.:
~~ ~~. - . La Porte Hardware has been constructed at Driftwood and Fairmont Parkway.
:. :~ - Pediatric Clinic of La Porte.is under construction next to~Dollar General. ~ .
Mr. Finan reported the following;. ~ ~ ~ - ~ .
. ~ - A town .hall meetin ~, to discuss a ~ rural. residential district is scheduled- for.
- ~ ~ ~ ~ Tuesday, August 3`9 at 7:00 P.M. at~ the Lomax old CityHall. This is also
. ' ~ ~ -: National Night Out. ~ ... ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .
The Main Street District Committee will be hosting 'a public hearing on Monday,
.. August 2nd at 7:00 P.M: ~in the Council Chambers..
- .~ Mr. Finan has tendered his .resignation effective July 30th. On August 2"d 'he will
begin a~ new job' with.the. City of Peariand. He thanked the Commission. for the
. - opportunity to work with them. - ~ ~ ~. ~ - ~ ~ -
Mr. Fogarty commented he has. a written contract to acquire 175 acres on the other side
. ~ . ~ of SH .146. He will bring forward a. proposal to. change the intended use of the property.'
9: ~ .ADJOURN ~ ... ~ . ~ .
- ~ :.Chairperson Waters declared the meeting adjourned.
Submitted bY, ~ ~ ~ ... .. -... ~ _ ~ ~ .
Peg ~ ~ - ~ .~ ~ ~:... ~,_. ..
_ : Plannin , cretary ~ . ~ . ~.. " .. ~. ~ . ~ . ~ . ~ ~ ~. - ~ .
A roved on this ~ '~ ~~ day of ~ .. ~ ° ~ , 2004:. ~ ~ ~ ~ .
PP
Planning and-Zoning Commission Chairperson.. : ~ . ~ .~ -
•
•
Zone Change Request
#R04-008
Exhibits
A. Commission's Action Request
B. Aerial Map
C. .Zoning Map
D. Staff Report
E. Public Notice Responses
Zone Change Request #804-0~ •
Planning and Zoning Commission
August 19, 2004
Location of Pro osed Chan a 9700 Block of S encer Hi wa
Legal Description of Proposed Zoning 1.75 acres of land as TRS 11A and 11B, Block 3,
W.J Payne Subdivision, W. M. Jones Survey, A-
482, La Porte, Harris Count ,Texas. '
A licant The C' of La Porte
Present Zonin Low-Densit Residential (R 1)
Proposed Zoning General Commercial (GC)
Surrounding Zoning North General Commercial (GC)
East Low-Density Residential (R-1)
South Low-Density Residential (R-1)
West General Commercial (GC
Land Use Commercial
Activit Pro osed E~stin commercial stri /Fire Station #2
Summary:
• During plan review, staff found an existing commercial strip located at 9702 Spencer Highway is operating as
nonconforming use with the current zoning as Low-Density Residential (R-1). The subject property
(150'x150') is located at the southeast corner of Spencer Highway and Underwood Road near Baker Jr.
Campus.
• The intent of this zone change request is for rezoning from Low-Density Residential (R-1) to General
Commercial (GC) for bringing the property in conformance with the Zoning Ordinance.
• The City's new Fire Station No. 2 will be located at 9710 Spencer Highway adjacent to the above commercial
strip near Baker Jr. Campus. The whole property of this campus is zoned Low-Density Residential (R-1).
• •The northwest portion of the school property is the site for the proposed Fire Station #2 currently zoned Low-
Density Residential (R-1).
• Staff is using this opportunity to extend the General Commercial (GC) zone to include Fire Station site along
Spencer Highway.
• The subject property is in the vicinity of major commercial retail developments.
• The area is earmarked for commercial uses in the Land Use Plan.
• The overall impact on public services should be minimal.
• Streets/roads should have adequate capacity to handle the traffic generated by this proposed development.
Recommendation:
• Staff recommends approval of the rezone request.
• The requested change is compatible with the zoning and uses of nearby properties.
• The change will bring the development more conforming to the current ordinance.
• The property in question is suitable for the requested change to GC in order to eliminate the nonconformity of an
existing wmmercial strip. In additioq proposed development will be conforming.
• The development within the subject tract will not negatively impact the surrounding properties and will not harm the
value of the nearby properties.
• In additioq it will not have signiificant impact on the traffic conditions in the area.
Staff recommends approval of the zone change request.
Actions required by the Commission:
• Recommend to Council approval of this rezone request #804-008.
• Recommend to Council denial of this rezone request #804-008.
Table this item for further consideration by the Commission.
~0~~ 1
~~~~ ~.
• •
Staff Report August 19, 2004
Zone Change Request #R 04-008
Requested for: A 1.75 acres of land described as TRS 11A and 11B, Block 3, W.J.
Payne Subdivision, W.M. Jones Survey, Abstract 482, La Porte,
Harris County, Texas.
Locations: 9702 & 9710 Spencer Highway
;.
~' Present Zoning: Low-Density Residential, R-1
Requested Zoning: General Commercial, GC
Background:
Analysis:
• The property in question is located along Spencer Highway near
Baker Junior Campus & Underwood Road.
• During the zoning map review, staff found the subject property is
zoned Low-Density Residential (R 1). The subject property has
commercial establishments operating as pre-existing and non-
conforming for several years.
• The purpose of rezone request is to bring the non-conformity into
a more-conforming use with the current ordinances.
• The City has a plan to build a new Fire Station No. 2 adjacent to
this property at 9710 Spencer Highway.
• City staff is using this opportunity to extend the General
Commercial (GC) zone to include the fire station site and
commercial strip along Spencer Highway at Underwood Road.
The property described above is located at the southeast corner of
Spencer Highway at Underwood Road in the vicinity of the Baker
Junior Campus. An existing commercial strip site is 150'x150'. The
City has purchased the property for relocation of its Fire Station No.
2 adjoining this strip center. The area in which the subject tract is
located is one that, based on the criteria established by the City's
Comprehensive Plan, is suitable for the requested General
Commercial (GC) zone. The request appears to be compatible with
the surrounding uses.
~~~~~
Zone Change #R 04-008 • •
August 19, 2004
Page 2 of 3
Staff has included TR 11A to the request because we feel this
provides for better land use opportunities and more conforming to
the current Zoning Ordinance.
Conformance of a zoning request with the Land Use Plan is one
consideration among several criteria to be considered for approving
the zone change request. Other criteria may include:
• Zoning and uses of nearby properties;
• Character ofthe surrounding and adjacent areas;
• Suitability of the property for the uses permissible within the
zoning designation;
• Extern to which approval of the application would detrimentally
affect of substantially harm the value of nearby properties;
• Extern to which the proposed use designation would adversely
affect the carrying capacity of existing infrastructure; and,
• The gain, if any, to the public health, safety, and welfare of the
City.
Land Use -- Review of the City's Land Use Plan shows the subject
tract is envisioned as developing for low-density residential uses.
Current developmerns, however, include Baker 7r. Campus and a
commercial strip as pre-existing, non-conforming. In addition, the
properties across the streets are major commercial retails uses, i.e.
restaurarns, convenience store/ gas station, supermarket, and other
misc. retail. The property at 9710 Spencer Highway (Proposed Fire
Station No. 2) is currernly zoned Low-Density Residential (R-1). The
surrounding existing uses are primarily commercial retail in the
vicinity. The proposed rezone seems to be compatible in making
current developmern "more conforming".
Transportation -The tract in question gains access along Spencer
Highway. The 100' public right-of--way will accommodate the
additional traffic generated by the proposed development.
Utilities Utilities are in place to support the proposed development.
No additional utilities will be needed for this project. Storm water
drainage will be reviewed carefully with the development plan
submittal for~the proposed project.
Zone Change #R 04-008 • •
August 19, 2004
Page 3 of 3
The tract in question is suitable for the requested change. There are
General Commercial zone properties in the close proximity to these
tracts. The development within the subject tracts should not have any
adverse impact on the surrounding area. A change fromLow-Density
Residential to General Commercial should not negatively impact the
surrounding properties and should not harm the value of the nearby
properties. The overall impact on public services will be minimal.
Moreover, the change would not adversely impact the public health,
safety, and welfare of the City.
Conclusion: Based on the above analysis, Staff recommends approval of the zone
.change request. The requested change would provide better services
to sun ounding properties. Granting the requested change would not
be contrary to the goals and objectives ofthe Comprehensive Plan.
Recommendations
Based on the above analysis, staff finds the requested change is
compatible with the zoning and uses of nearby properties and
recommends approval. The property in question is suitable for the
requested change to GC, which will extend to adjacern tract under a
same zoning classification.
Staff recommends changing the zoning designation of these tracts
from R-1 to GC
Actions available to the Commission are listed below:
• Recommend to Council approval of this rezoning request
from R-1 to GC.
• Recommend to Council denial of this rezoning request from
R 1 to GC.
• Table this item for further consideration by the Commission.
• •
The Preserve at Taylor Bayou
Special Conditional Use Permit
#5CU04-013
Exhibits
A. Commission Action Request
B. Aerial Map
C. Zoning Map
D. Staff Report
E. Draft SCUP
F. Public Notice Responses
G. General Plan
Special Conditional Use Permit"#SCU04-013
Planning and Zoning Commission
August 19, 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 UD
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 ment UD
Land Use Residential
Activity Proposed Multi-Family Residential, Townhomes and
Nature Preserve
Summary:
• The subject property is located at the southeast corner of McCabe Road at SH 146 near Taylor Bayou.
• The said parcel 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 previous submittal was for 418 apartment units and was denied by PBcZ and City Council.
• The applicant is now proposing multi-family and townhome development in two phases. Corresponding
densities now meet densities allowed by the strict compliance of Chapter 106. The Commission may vary
from strict compliance within a PUD.
• The cwrent proposal still intends to dedicate a 77.52(+/-) acre nature preserve.
• 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 Natwe Preserve concept requires more details including the layout, trail materials and structure, (e.g.
decks, benches, etc.), estimated yearly maintenance costs and formal dedication instrument before
considering City acceptance. Hams County has expressed an interest in the Preserve dedication.
• Anew lift station is proposed near the east end of the property and McCabe Road in accordance with the
City's sanitary sewer master plan for this area. Army Corps of Engineers has issued a preliminary opinion.
• The Environmental Assessment and Traffic Impact Analysis studies have been completed for the said
project.
Recommendation:
Based on the above analysis, staff believes that the current submittal has merit but needs further coordination in the
areas of utility planning and Preserve dedication. We solicit the Commission's input while considering the following
prel~in~ieary conditions:
1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10
dwelling units per acre respectively.
2. The nature preserve "conservation easement" ownership and responsibility for its maintenance must be
established. The City requirement for compensating open land will apply. The City must approve the
conservancy dedication instrument.
3. The applicant/developer shall be responsible for the maintenance of the 77.52 Conservation Easement until
transfer of ownership and/or responsibility.
4. The public shall have access to the conservation area using trails that are constructed and maintained
by the applicant/developer. City intends to control the howl of operation.
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 enswe consistency with ordinances
and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood
Control must be presented to the City.
7. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that
traffic congestion does occw as a result of his project.
8. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or
seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund
8~8~301t' ~
Special Conditional Use Permit~SCU04-013
Planning and Zoning Commission
August 19, 2004
mechanism" that establishes an account for the sole purpose of maintenance to the project. This fund is
for the lifetime of the project.
9. 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.
10. The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the project remains on the
City's tax rolls.
12. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the
building permit.
13. Utility Plan must be approved by City Staff.
14. Proposed sidewalks must be annotated on the General Plan.
15. All utilities should be planned for underground routing.
l6. The applicant must provide a covenant for maintenance of common areas.
17. The General Plan must be updated to comply with the City of La Porte's General Plan Checklist.
18. 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:
a. Close the Public Hearing and conduct the Workshop for this development.
b. Continue the Public Hearing at a later date and conduct the workshop.
c. Provide further input and guidance to the Staff and /or the applicant.
Attachments:
- Letter, dated August 10, 2004, to Commissioner Garcia, Harris County.
- USACOE Permit, dated February 14, 2000:
- Southwest La Porte Sewer Master Plan
- Memorandum for Re~rd, dated March 29, 2004; Developer Responses to City of La Porte's Requests,
The Preserve at Taylor Bayou.
•
•
Staff Report ~ Preserve at Taylor Bayou August 19, 2004
General Plan &
Special Conditional Use Permit #SCU 04-013
Request: Approval of General Plan for 107.19 acre tract and Special Conditional Use
Permit.
Requested Bv: Mr. Robert Burchfield, Burchfield Development, L.P.
Requested For: A 107.19-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. This property is further described as being located in the
1200 Block of McCabe Road.
Present Zoning: Planned Unit Development (PUD)
Requested Use: Multi-Family Residential, Townhomes, Neighborhood Commercial and
Preserve.
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.
In' 2001, a one year extension was granted; however, no construction
occurred and the permit expired in November 2002.
The applicant submitted a General Plan and applied for a SCUP in
December 2002. During the Commission's April 17, 2003 meeting, Mr.
Burchfield presented his proposed General Plan. During the presentation,
Mr. Burchfield provided the lay out of 400+ units situated on 28 acres. The
proposed development included a 4-acre detention pond/water feature
surrounded by jogging trails, and play areas.
On March 16, 2004, the City notified the applicant of unresolved issues
concerning the details of the dedication of the Preserve, drainage, sanitary
sewer,'Army Corps of Engineer requirements and financing.
The issue was again heard on March 24, 2004, with SCU #04-003 for a
multi-family complex. P&Z recommended denial of the application based
upon issues including excessive density of 418 units, lack of information
concerning the Preserve, financing and outstanding Army Corps of Engineer
documentation. Chapter 106, Code of Ordinances, allows a maximum cap
of 180 units within apartment complexes. City Council denied the request
on Apri126, 2004.
The Staff analysis for this project uses Chapter 106, Zoning guidelines
for comparing standards. The Commission is reminded that in a PUD,
P&Z may vary from strict terms of the Code.
~~
Preserve at Taylor Bayou • •
August 19, 2004
Page 2 of 6
The current application submits a General Plan for:
• 180 Multi-Family units and 150 Townhome units on 28.43 acres
• 1 lot, Neighborhood Commercial on 1.35 acres
• 1 lot, Private Pazk on 2.25 acres
• 1 lot, Nature Preserve on 75.16 acres.
• The apartment density is 13.85 units per acre (14 allowed Per
Chapter 106).
• The townhome density is 9.72 per acre (10 allowed per Chapter 106).
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 by City Council, the applicant would be authorized to proceed
with the platting and development plans for the site.
Ana sis: 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
development is not considered to be low-density residential. In
addition, Mr. Burchfield stated that the 77.5 acre Conservation
Easement would serve as a buffer between their proposed development
and surrounding properties.
• Streets -The proposed development is located at the corner of SH 146
and McCabe Road The developer is proposing two points of
entrance%xit off McCabe Road. The General plan needs to delineate
internal streets. Further coordination with TXDOT for future plans for
S.H. 146 is needed. The possible addition of turn lanes on McCabe road
should also be considered.
Traffic Analysis: The applicant has submitted a traffic analysis study
report. The report previously had taken into account a full development
of 418 apartments for abuild-out in 2007. It also included the
Commercial Strip Center and Nature Preserve as an estimate with no
other detail of their nature. The current General Plan has less
density.
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 Mauilane. This sample is relatively light since it
appears to have been conducted only once. Most surveys take multiple
days (at least two).
Preserve at Taylor Bayou • •
August 19, 2004
Page 3 of 6
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, given the parameters stated above, will rate no
worse than LOS B and concludes no adverse impact for this
development.
• Topography -This area is relatively flat and stable and should not be an
obstacle to this type of development. The site for this development does,
however, split Zone X to the west and a Flood Zone to the East.
• Density -Staff utilized the Land Use Plan as a guide with the designated
land use as Low Density Residential. in previous conversations, the
applicant stated that due to changes in legislation, he received
notification from the Army Corps of Engineers that more acreage of this
project could be developed. Applying a development ratio of 4.8 units
per acre (Section 106-333), Mr. Burchfield and Mr. Dutko feel the
property could yield approximately 616 single-family units. This
information has not been verified.
The applicant feels strongly about the Preserve portion of the
development, therefore, this current plan designates only 28.43 acres to
be developed as a 180-unit multi-family residential development and a
150-unit townhome development. Applying a density allowed by
ordinance of 14 and 10 units per acre (respectively), this yields 12.86
acres for apartments and 15 acres for townhome units. Using the strict
guidelines of Chapter 106, there is su,,(~rcient acreage to support the
General Plan. The townhome portion of the Plan, however, would be
designed with a configuration of no more than three attached dwelling
units constructed in a series or group of attached units with property
lines separating such unites Any other design will classify the
townhome portion as amulti-family residential development and,
therefore under normal circumstances, invoke the 1000-foot rule
between the two developments.
• Utilities -There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
Preserve at Taylor Bayou •
August 19, 2004
Page 4 of 6
extensions are made to serve this development. Sanitary sewer service is
not readily available to this site. There is a sewer force main located
along the south line of this property that transports sewer to the Gulf
Coast Waste Disposal Authority plant.
The City prepared along-term sanitary sewer master plan for providing
sewer service to areas of southeast La Porte (copy attached). 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 A 104 and McCabe
Road. Utility plans must be coordinated with City Staff. This
development will not be allowed to connect to City of La Porte Lift
Station # 40.
• Drainage -This property lies within the Taylor Bayou Watershed. The
City has a master drainage plan for the Taylor Bayou Watershed that was
performed by the Civil Tech Last year. The plan calls for regional
detention for this area. Efforts should be made to work with the
developer north of McCabe Road towards the implementation of this
master drainage plan.
The channel improvements to Taylor Bayou are not designed to directly
receive storm water runoff from this project. The General Plan,
therefore, shows that storm water will be detained using a basin system
in each phase to regulate run-off. Outfalls have to be determined and
coordinated with the Army Corps of Engineers and County Flood
Control. Permits must be presented to the City.
• .Nature Preserve The applicant is willing, and the Army Corps of
Engineer permit states that the dedication of approximately 77.5 acre
nature preserve is to be made to the City. While the issues are being
worked towards resolution, several questions remain. While the City
maintains an interest, a concept of dedicating "The Preserve" to the
City of La Porte must be considered in light of the City's Parks
Master Plan 2002. The concept needs to be presented in more detail,
including the layout, clearing of tallow trees and other brush, trail
materials used, other structures being built (eg. decks, benches etc.,
if any), estimated yearly maintenance costs and possible control of
hours of operation to see if the acquisition is in line with the City's
projected budged The City would also require a detailed, formal
dedication instrument including all Army Corps mandates to review
before considering final acceptance of the concept. The City of La
Porte remains a party to facilitating any dedication to Harris County or
other agency.
Last month, the applicant visited with Oliver Spellman, Pakks Director
for the Harris County. The County was interested in the "gift" idea but
concern is that it would be repetitious to the Armand Bayou Education
Preserve at Taylor Bayou ~ •
August 19, 2004
Page 5 of 6
Center. In the event County is not interested, it is anticipated that the
"Preserve" will be set up with another conservator agency, e.g. Legacy
Trust.
• New Multi-Family Regulations - At the present time, changes from
the previous submittal make this General Plan conform to the
regulations.
• Army Corps of Engineer Issues:
- US Army Corps of Engineers (USAGE) issued a permit on Feb
14, 2000, to fill 9.6 acres of wetlands to construct an apartment
complex. This area must be shown on the plan.
- According the applicant, this Individual Permit(IP) is valid
until December, 2005.
- This permit is for a single and complete project that would
include all minor deviations mandated by the City.
- USAGE agreed with NAI environmental assessment that if the
lift station is moved slightly west, along with the force main,
on the north end, and a slight alteration of the force main on the
south end to miss wetlands, then no alteration of the permit
would be required. The applicant's Engineer, David Sepulveda,
is working on with the City engineering staff.
Based on the above analysis, stafy believes that the current submittal has merit but needs further
coordination in the areas of utility planning and Preserve dedication. We solicit the Commission's
input while considering the following preli»rinary conditions:
1. An overall density of the multi-family (apartments) and townhomes shall not exceed
14 and 10 dwelling units per acre respectively.
2. The nature preserve "conservation easement" ownership and responsibility for its
maintenance must be established. The City requirement for compensating open land
will apply. The City must approve the conservancy dedication instrument.
3. The applicant/developer shall be responsible for the maintenance of the 77.52
Conservation Easement until transfer of ownership and/or responsibility.
4. The public shall have access to the conservation area using trails that are constructed
and maintained by the applicant/developer. City intends to control the hours of
operation.
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. Permits with
Army Corps of Engineers and County Flood Control must be presented to the City.
7. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to
ensure that traffic congestion does occur as a result of his project.
Preserve at Taylor Bayou
August 19, 2004
Page 6 of 6
•
8. The applicant must secure a maintenance bond, according to the City's multi-family
provisions, or seek an approved alternate showing evidence of bonding insurance or
participate in a "reserve fund mechanism" that establishes an account for the sole
purpose of maintenance to the project. This fund is for the lifetime of the project.
9. 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.
10. The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the project
remains on the City's tax rolls.
12. A letter from Army Corps of Engineers for approval of the lift station must be
submitted prior to the building permit.
13. Utility Plan must be approved by City Staff.
14. Proposed sidewalks must be annotated on the General Plan.
15. All utilities should be planned for underground routing.
16. The applicant must provide a covenant for maintenance of common areas.
17. The General Plan must be updated to comply with the City of La Porte's General Plan
Checklist.
18. 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:
- Close the Public Hearing and conduct the Workshop for this development.
- Continue the Public Hearing at a later date and conduct the workshop.
- Provide further input and guidance to the Staff and /or the applicant.
Attachments:
- Letter, dated August 10, 2004, to Commissioner Garcia, Harris County.
- USACOE Permit, dated February 14, 2000.
- SoutLwest La Porte Sewer Master Plan
- Memorandum for Record, dated March 29, 2004; Developer Responses to City of La
Porte's Requests; The Preserve at Taylor Bayou.
1
~'EXAS
August 10, 2004
The Honorable Sylvia R. Gazcia
Harris County Commissioner -Precinct Two
1001 Preston, Room 950
Houston, Texas 77002
Deaz Commissioner Gazcia:
This is meant to be an eazly "heads up" regazding potential compensation for loss of land at
Sylvan Beach Pazk if the. concept for aHotel/Conference Center were to move forwazd.
For some time, the City has been working with a landowner regarding proposed development of
property along SH146 south of McCabe Road. The property appazently has some wetland issues
that the developer needs to work out. The City has been trying to learn what potential uses and
restrictions might be placed on the property.
There have been discussions about the City (or County) receiving the property as some form of
conservancy. The size would be on the order of 50 to 70 acres.
Attached is an aerial map depicting the area in question.
There is still a long way to go with information to be provided by the developer and zoning
considerations by both the Planning and Zoning Commission and City Council.
We wish, however, to let you know that these discussions may lead to other opportunities for
both La Porte and Harris County.
Sincerely,
Debra B. Feazelle
City Manager
DBF/ml
c: Oliver Spellman, Deputy Commissioner of Operations
Olga Rodriguez, Director of Special Projects
John Joerns, Assistant City Manager
h~
604 W. Fairmont Pkwy. • La Porte, Tezas 77571 • (281) 471-5020
FROM Northrup Associates I~~ PHONE N0. 713 463 5039 • Aug. 03 2004 03:10PM P4
i ~
~ ~.
~ - •
t
United States Army Corps of Engineers
. rah . 14 , i 9 ~COC_
A permit to gill :~.0 +~CIi!S O awn
mrartrient cer~,~a.~:c.
State ~~. us 146 to the .t C~ PA
a to t e aot~t an iay or bayou to the Qasc- Fab 14 19 Z~oA
has been issued tn.~c~~ 't~'" - o~-"~"'-""z'
~ . ~ . ..
Address of Permittee ~Ccustoa, ~~ 77o5b
PE3rmit Number Bcri~cCoions3cNi•.choiQS J. Suec!~ler
21774 aiatrict Commander
,..oo.~.~~ c.cw• cwa
ENG FORM 4338 Jui 8t iea ~~•s i•aoa~ eaTwN of ~v~ f0 Mir !6 usGo
l ~1
,~~~
FROM Northrup Associates Ir~ PHONE N0. 713 463 5039 • Aug. 03 2004 03:i1PM P5
'~cL~~-~x:z :~-
' DEPARTMENT OF TFiE ARMS
• '~~ ~ ~ ts~lVEiTOM DISTRICT. CORMS OP EhtCrIN6ERS
~~ T`y GAlV69TON. T6XAi 770i'-1224 ';
~c.~!-" "~~• -g February 14, 2000
AT7~NT1 N O~ "+~
Evaluation Section ;
.~
3UBJECP: Permit Application - 21774
. ~°
Mr. Eddie Dutko
b110 Saa p'elipe, Suite 122 W
Houston, Texas ?7056
Gentlemea:
The above numbered permit has bsrci approved and a signed copy is
enclaaed for Sour ratentioa.
Also ondoaed is ENCT Form 4336 and a copy oP "Notic® to Perniittee"
which provides ia~postant information for permit adtztiaistration. Please
notil~- the District Engir-eer, in writing, upon c~pZetion of the autboriead
wosk. A pre,addreesed postcardbaa been enalostad for yont ooavonienoa.
Sincerely,
8ruoe H. Bennett
I.eader,l3ortla Evaluation Unit
Eacloscuea
Copies Famished:
Commander (oau), Eighth Coast Gaard District, Hate )3oggs Federal Building,
SO3 Mapjazine 3treaE, New Orleans, Louisiana 70180-3886 w/encl
Diroetor, National Oceaan Service. Coast & Geo. Sur., Mapping & C>ratting
Branch, source Data~Unit, Attn: N/GG2211, Stataan 7s1?, sSMCa, ls~s
.. EastrWest Highwav, Silver Spring, Maryland 20910-8283
FROM Northrup Associates Ir~ PHONE NO. 713 463 5039 •
t}EPARTMEiV'f OF TKE ARMY.PERMtT
peretdux
Permit Plo x t9 d
lssuiab p(ft~ thtveson District
Aug. 03 2004 03:11PM P6
h0'iE: 'lire rum 'you' and its derivative, as ysee !n ttds partvt. roans the ptrmttue or arty fotvee traasfeceti The tetra'this ol6od' Hates to
the tppropdate dtutict or diviseon effioe of Ne Gbtgs of t~ttinoer! htvln5 jedsdktiod ova the petettitted ~"~' oe the appeop.-i~ offisid of
chat atfiee acting wader Use motttority o[ rite wrnmrndirs< of6oer.
Yw t+ra aathosited to pertot>ts work ill aeoordtaee with the tarns mod oomditiont speeftad below.
Project DesC+tpdea: At19.6 acres of $oitoed wsalanas to eotastrna t mmki-feee'ly, aptrhmatt mrnptett ro be i~stolMa es Bapou Portal
'Po msopeasate foc ti+e vrctJamd ittspaem, 17.63 ars'~s of w•sia isolated rrogoads aed 6] ttca of amsitt aptend fosett and nptf~ta habitat anti
be ptvorrad.'~+m ptaservadoa area w!G be tlotstaed to the dry of V Potonor a dedgtatr~ eomarteioa gFottp. ~ ooavated IKe t aontarvtoon
easemtatt. Tho eattetvat3ort a:semeat will bo ~badued a ~e Cetps o(>~mrs for rerie~ smd aPPm`~ P~ to ta: rservdea, and: Dopy of
tiro slgnod examax arW be sybredned to t6a CotpC of GmQioeas prier to pxtfbt>rdag ary of the wtlsoeized welt. Ttte ptiesa~oa arcs Mtll bt
protaeted red aml>zdaCd is petpegtity. 1?or ~ ptxiod OL S years faitowlag {he ioitittktt Of t60 pp~vadea t~Cpt. AO%iear ptaut ipae~t.
iee-adlrtg t~ittae talborr (S,~l~ilW11~ e~at1 ~ sDDa• a+e avtttox {~ ~ !riQ be eonttoRed arithirt the pteservstion errs These
spade wilt be ooaaoliod so thst titeie total at+at Co+~e ariri eat c><oeed 25 pe:oent of the tarsi ttetl rover of the preavtdom voa. tJueirty
this S-Y~ tatiod. raarswt: saports adR ba subattttod a tl~e Oa:ps of docuasetubni the vosetative Bever of the aoalaus pleat apodc~
There r+eptsrte ~ ittttude nhotagntphs of tiro pepavdom tree ztK wort Hill be pafocm~od is a~aordanee with the attsrbed plant in 6 steeets.
w\ i ~f
~~ '° ~ ~,
/w
ttco~t Lgativa: M ttppn~mace ] O7•sore taw of has iA wudttast Het+Cis Poatlty.'Cexas. 'C]te dta is bota+ded by stae~ ~d~ 146 a ~
toast. Mot~be Road to the t-oeth. the Sitoraetss ~aKiat develepmertt m the south, aad'Taylor Btyoa W Ida east.
Pettatt(3oaditioas:
Gecurtl Ceadidoas:
]. ttte time limit four ovatpietinatla wet aouthod:ed cads on ~0ltta ]t 2003 ~ _ . If you Boa ehtt You aced ease tiara to
oampitro the aotltotixmd ttaivtty, tvbrtdt your rt~tgl for a dasa extptiioa to this otFtoa foe eonttdaatioa at least one atot+eh before the above
dart ie sesohad.
Z Yoa muu ataiouta tl,ts aWrlq attdtoriud>>)' dtit pamis im do°d oonditioe ~ tnaootbnatetoe with ehe tetras and ooadidoas of this paradt.
rots m~aot trJiaved of ttdi tequiretttesse if you abattAoo qtr pe+avteeed teddq. atthauth Y'at tarot she s a°0d Gtkh transfer to a third platy in
eoat]+IIts-oa arrilt Geacsal Qondiaoa 4 blow. S>soWd yqu uAslt to Caste m mtaimtsJa Ilse aathot3md aelivity or 6bottld you stesitt to ebendea it
adthetit s good faidt oterisfrr. ]roe Haut obtain a madtSot[oa of thin perralt boas this o[ftea wirier! rttay mgttleo t~ of the tesa-
3. ti[ you dtcwver aqy previously ueltnowa itistotle Or aahtobaitat reiaalnr vhila acceenplishls~g the sehriiy aodtoeisea DY this permi4 You
sous: iatrnediatety noti[y tills offlee of arlstS ~ have Soamd. Wa vdi! imi~ ~ Fednai sad state cooc8im-don regotred °° deteta~lee tt the
eerritins warrant a reppvWy etfott or ii the sate ie eligible for ikttrtg to the Natiottai Register of ]{istaKie Pisces.
9iG cotttA 1721, tiov sc 6omav of SEP e2.3 p8504Fr6. (a? C<R >?s iappa~QtrA})
. FROM Northrup Associates Ir~ PHONE N0. :713 463 5039 ~ Aug. 03 2004 03:12PM P7
.
associm~q with this t. ou must ot+;~ta the sl aturc of the new ~~ to tAe z;paVe~ _~ enQ iorW.rd v mPY ~
a. if Y~ salt tl+s pn>pcny ~ 7 ~ T" +IV
~~~ `
o[ the partnit to this ottioe to vattdato the tranefer vt ;hie sothodzstian.
v must wm vith the oondittons spacitiod it+ the ca;tdfiaHoa
S. 1t n wt-dtttottetl vrata gWitt7 eettlGndtm bas beta issued tot y~ pro). ri
as special eoadit;ens to tttls pernic. For l~+' eopvat-iance. a copy of qte eetttfteuion is attael+ed tf it ooacaltu stselt condtdons.
~. You must allow reptt~enwti•KS irotn this oltlce to inspect the euthotitxd t~etivlty at ~' tune d0~'~ neiOO~~ 1O eneute that it is bents or
rtes bom aoevmplisbod in aeootdaam vAtia the ~'~ ~ oondtltxtt of y~at pemtit.
5paial tronditions
a. lire applicant rn'11 atlt-ere to the tsa'tigatioa deptctad 1 a dte project Platte.
Fhttba [tdottnlatost: .
1, peal Atteltotidss: Yoe Mvo beat attthotised to uadanakn the ~v1ty described above pu~et to:
() Sootiott 10 of gte Rivas surd iiorbars Act of 1899 (3] U.S.C 4t>n.
!7Q Set~on 404 of the taw Watet Aa (33 U.S,C.1 S4a).
() Setxtoa t03 of tbv l++treiae Ataeesloa Reaassch at:d Saaauuia Act of 197.2 l,33 V.S.C, 1413).
Z. l,ienits of tbia autis~doa
a 't7sis peradt doe not obtrlate the ttocd to obtain ot6et FaaeN, crate, oc Iocsl ustttofitsdatu seQ'-hod by ~`"~
b. ?ids permit floe trot drat-e any ptoptxty ctgists or exclusive pt(Nlsges.
e: 'tittle pexatft does ne: euQ-otisce attY inynry to tJie ptopesty oe riatue o[ oarors.
d. Thts permit does net asthotis;ts ieta::eresta with tuyat)sting at ptopo~ Foderel ptojeot.
3. Littdts ot'F~~ iJebility. Tn lssulttg this pasl-iL the Eoderal tror'antnant deee not assume a:,y liability for the tollowtnL:
a, Dam ya tsso potsrdttod ptojax or uses thereof s3 s ttsult of otbet t~as>ria+d or uaoecntttsed activitlee oe from naastatl ca;asee.
b. Damages to the parndtud peoteet of uses tlteteo[ a a result o: euttane of future scdvities tsndaeokea by Oc on behaV
et the Uaired States to the publte istlttws.
a Dsugagas to petsoas. ptoprrty. at to otttet pcttnia~d oc mpt:ro+htad activiUsm of suucttttr:s tytttvod by the acdvity
autlwtiaed by this peerdt.
Design or ooaet:uedon detideades associated with the 9etttaitted work.
FROM Northrup Associates I~ PHONE N0. 713 463 5039 ~ Aug. 03 2004 03:13PM P8
e. punage elaitns assocsated vrtth snY tiNra ~i(icatioa, suspension. or rsvoation of this parntit•
e, Retiancs ea Appii~t'~ Can: 'ilm dotamituuioo of rhos office the: issuance of this perntit is not wnttary to we public interest vuas msde in
tcliav,ca on the itltottMtioa yot- provitiea.
S, tioovsftmdon of Permit Datcisioa. 'i1~is et6us trat-y rcevdnate its deasivn on this permit a soy taro the eitAra ~ C4roan-~t-~
fltu could tegaire a K,tnahaariee [etude. bat erne not limited a, the letiosntyi:
You fail to comply witlf the [ants and ogtditioas of this pettnit. .
t0 have been false. it>GORWWkxo. a iaattivtste tsar. t aboveJ.
'lire 1n[ormatloo yrovitlcd by 7a+ ~ support o! your pctudt applicxtien proves
~~ Si~ifieaat new tafozmstion sutteces w1-ieh this oAltx did not wnstder to raackfnB ~ ori8inaf pubtie tnurese da~lsioa.
Such a tatstfaltuQioR tnapt result is a delanait-attiott that it is apProp~ to we the suspeaaloa~ moditL-.ation, anE revoeatbn prooodtuat aonuined
sud- ffi these aawtiaed is 33 SCR 536.4 sad 32tiS.lite trlatrtoed eatotvetter.t p°0O°~p~ ~°Ni~
iA 33 CFR'3zS.? or enEatvetstmt peoordttr+es t su-d for the ittitt~ of leye-
toe tke issaaaoa et ao saetiaiaratlve order soquirltt6 7oa le oosaply with the t+xtna snd oonditaas of your ptxtd ~~ saeh
anion when ap fuop[Fata Yon will b tegtticd ot- p:)r [or nay comoetiva meaautes oraa~ h7 this office. onA it you tall ~ oeatpty
da:oaive, this oflrioo Wray in oatata situttlons (such as tltose spxiCzod'io 33 CFR 209.17 aaoon+pish the oone+dive taaawt~ >ay ~'~ or
p~rtae and btll you [or the cost.
Unless Ihaa are
6, t?tt:rraslaos. 0eaetal ooadison l eatstbi[strs a dtas utntt for tbo s~omplotton of flro aaivttY aotbo~rea by flats ptYttdt.
tatt:tuis~mtud requiring dtlter a Prompt oopaphxiort of rho auelaotlsr'd aafrtq or s tocvalttation of the petblie laterest doeisioa, the C.otps ariil
hprn~atfy give ttvotabk ldaadoa W a tot;t±eat ter m st:teasioa of this time Ginn
Your signatucs below, au petndutoo. intli~c drat you ae«pt tnd aagtre to comply with the ttasas and ooadidont M this pctsott.
~~
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'(bis peesoit baootara eKetsire w~laen fire ~roderal oRidal, designated to as for the 5eeeestsY of tlw At'mY. ~+ signed below.
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BRUCE $ SF.1~iS'i'i', iLt[IID~t.
i~O1t'iB BYALUATTON t7N1T
FOR oOIAN~t. AIICiiOLAS I. B~CBLF.R
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(A/1T~6)
Vlfhen the straciutea or want authotiza! 6y titter pq~atit s1e soli in existatca: as floe time the peopea:y is panstetsad, the toots snd tAnd$itxas of
this pettnit wta ooatiaas w bs biadiog oa the taew owoet(f? of the ptnpeety. To vatittaGe tits ttutst~r of ttais pcrndt atuf the assadatad Gsba'Cties
ss~adated vrith eempl+tuuoe with Its retort and ca+ddoas, have tier teaasferoo rgtt sad datnbelow.
(7"RANSFFJQEE)
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FROM Northrup Associates I~ PHONE N0. 713 463 5039 Aug. 03 2064 O3:13PM P9
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FROM Northru Associates I PHONE N0. 713 463 5039 Au 03 2004 03:14PM Pi0
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FROM Northrup Associates In~ PHONE N0. 713 463 5039 • Aug. 03 2604 03:15PM Pll
Ol'1V1~~'V T P~A.1V
PROPOSED SITE DEV~'.~
~.«~y ~ WETLAND PR.LS`L~'RVATI'ON AREAS
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a~s~ ~ McCABE RQ.
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fOR FUftJR£
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FROM~~~~ No ~t~~uP A~sso ~iates~ In~ ~ . ~ PHONE NO_ : _ 7 ~3 463 5039 • Aug. 03 2004 03:16PM P12
~~~ ~~
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' St..wt to o~ io
p~,p~ ES ~,V TION ANA MOr~4_~
PERM1TT~p pU4NS
1. As compensation for the proposed wetland impacts. an oa-site area will be
protected and preserved in perpetuity. Th® area to be preserved will consist
of ].7.65 acres of wetlands and 61 acres of upland forest acrd riparian habitat
(a total of 78.65 acres). '
2. ~'he preservation area wi]1 be donated to the City of La Paa~te or 8t
designated eonsesrvatioa gxoup $ad grill be placed wader a con,so=vation
Basement. .
g, The conservation ease~aent will be submitted to the Corps of Engineers for
rCView and approval prier to its execution.
4. A copy of the signed conservation easemeaE will be submitted to the Corps
of Engineers pxiar to performing any of the authorized work.
8. ~'oz a period of 5 years folla~wing the initiation of tba conservation
easement, noxious plauat apedes, including Chinese talow
~bs a ,cattail ('~~ spP•)• a~ willow (Salix spp.). will ba oontrolted
within the preservation area. Tbese epodes will be controlled eo that their
total areal coverage ovill not exceed 25 percent of tl:e total s~real cover of the
preservation ~area-
6. During this 5 yeser period, annual reports will be submitted to the Corps of
Engineers documenting the vegetative ~»ve~r of the norrious plant species.
These reports will include photographs of the preservation area.
FROM Northrup Associates In~ PHONE NO. 713 463 5039 • Aug. 03 2004 03:16PM P13
NO'Y'IC,,j~ TO PSRA•iI'['i'EES
Department of the Army Ferrnits for Work is Navigable Waters require attention to
admin:stratiaa and policies which are often misunderstood ar disregarded_ To avoid
possible misinterpretations and to expedite procedures, perrnitpost-authorization
requ{remeate and pertiueat iafarroatiion are outlined as follows:
1. Permits remain is effect until revoked, relinquishe3, or the structures era removed.
An extsnaion of Lime for r~maletion of structures or work maybe scanted provided that a
public notice is issued and that evidence is furnished of the bona fide intention of the
pQrrnittae w complete the wo.-~S within a reasonable brae. If ovock or structures are not
oolapketed within tb8 time provided in the permit, it is the Rgrmittee's ~asfloasibility to
request ah eztensioa of time at least 4 montka before the expiration data.
2. 1Kaiatenaace of authorized completed atruetures maybe done at any time without
eateading the eoarpietiaa period. It ie, however, required that the District Engineer be
notified prior to coioclmpacement of mtaiatenaace.
3. sPECl~,r.. REGULAT><4NS GOVERN MAII~iTENANCE VS~ORK INVOLVING
DRlrDGING Olt FILL_ This mair~tenaace is not authorized by the original permit and
specific prior approval is required before such work is coaunenced in navigable w1ters•
Your request for anthorizatian should be snbonittzd in time for public notice requirements
sad eoordiaatiou ar{th other agencies.
4.:If owaersEsip of structures or work covered by a permit is transferred, the District
Engineer zaust be notiSed im~m-ediately. 'The notification will provide information so Hutt
permit sesponsibiliKes can be changed to t}as new owner o; assignee.
5. Peraaitteea are reminded that the Area Engineer caust bo notified as noon as possible
of the time for Agent of constructions or work. and ianrnediately upon rumpietiQn. If
pipelines across Federal project channels arc covered by the permit, the Area Ettgiaeer
abould be informed of the date chA pipelines are to be placed is time fur him to saaage for
axe inspector to be present.
6. All uiatsrial changes is location or pleas must be submitted promptly to the District
Eagi•aeer For approval bofore oaa:tsuctlon is begvax.
7. Permits should not be considered ae an a{~proval of design features of nay
strucbua authorized or as inaplicatioa thati anch struotaro is adegc.aiot for the D~~
intended.
DIA~PI1i0T It]IQIDiAl1A
QAI,VES'TON DL3TRICT
COR'P5 OF ENQINEERS
sa'G FL 279
24 Apri186
FROM Northrup Associates In® PHONE N0. 713 463 5039 . Aug. 03 2004 03:36PM P3
® ® ~ ~ ® ® ~ m
Date: June 3, 2004
To: All Parties
prom: Tom It Northrup, AICP
Re: Burchfield La Porte Project
Kenny J'a~nfnes of the Corps called this morning to advise me that we are correct that the I
Individual Permit (~) previously issued for phis proiect area ert-Sheet is valid untr~
the end of December, 2005. However, it addresses impacts from activities different than
those being considered, and does not include new activities such as the lift station. narking
lot -sad water line.
In that regard, he reminded us that this Corps permit is or te-be a single and complete
project that world include all impacts anticipated by the applicant (and the City) pursuant
to any activity pertinent or anei{lacy to the project, regardless of whose responsibility it is.
Furthermore, he cautioned that the applicant was to use the existine permit that.they must
adhere to the conditions and facts of the permit. and it worrld 'weed to be transferred to
therm if a different entity than originalEv permitted. Any change or addition (like the two
mentioned above) will need to be addressed by requesting a Gort~s permit ia-a-modification
of the original permit prior to its expiration. This shoald include the specific pleas of the
developer or builder for the entire singie and complete proiect. It was also noted that the
plan most recently provided them was different than that used irr the permit, inducting the
impacts and certain aspects of the mitigation/preservation. The Corps will be responding
to the jurisdictional question, that we poised, eespond-te-#laris in writing in the nezt fevv days
confirmiQg that there are wetlands in the proiect area that need a Carus permit prior to
rllin .
During further discussions with him and Alicia Rea, I eaplalned that in addition to the
Corps regulations, the applicant must also conform to the laed use and nhlrty requirements
of the City of La Porte. Also, thty .were made aware that resolution of recent conceptual
issues will be resolved as soon as it can be determined wha# the City will accept and
hopefully, a specific user obtained. This will be essential considering the expiration date of
the permit. Although not discussed specifically with Kenny, an extension of time associated
with the permit will be required and it would be appropriate to request this when seeidng
modification.
_ FROM Northrup Associates In~ PHONE N0. 713 463 5039 • Aug. 03 2004 03:36PM P4
I have earlier advised the client tLat it is imperative that he seek a commitment from a
specific developer or builder(s) as quicldy as possible so that speck conditions may be
addressed at this time, without need fqr further modification. Also, the client needs to
versify the potential involvement of 'Harris County in the area to be preserved sad
enhanced. That needs to be clear in the modification. Y can assist with that, also
BurcAfeld/La Porte Project -2-
June 3, 2004
The matter of fllood plain was also discussed. Alicia commented that the latest information
obtained from ~'EMA data i~ndicsites the entire tract is in the 100-year flood plain, which
means (tv the Corps) that the impacts within the site may be more severe, and wiU need to
be addressed in the modification. Kenny was very specific that the "permit was still valid
until 12/i15, but its conditions speak for themselves..." In other words, he implied that
greater impacts will have to be reviewed along with the new features of a plan (yet to be
developed) and would be revimv accordingly by the Corps.
It is obvious to me that the applicant must continue to address drainage, fill, and other
infrastructure and use issues for this project. Tht City needs to be apprized,of the position
of the Corps and the need for straightforward responses to these issues. Stick by my
recommendation that use needs mast be based on those of a specific, acceptable aaer such
as a builder yr third party developer Therefore, the project engineer can design
accordingly as to the impacts and we ran deal with budding products acceptable to the city.
Today, from what I have been told the apartment market is liorriblG Likewise, the all
cities hate therm. That was obvious at the City Council meeting where this project was
rascally rejected. Io deciding tht fate of the abandoned apartment project that was the
agenda item that preceded the subject, City Council also decided the client's fate, in my
opiwion. We are dealing with ahigh-profele site with too many units, in a community that
has only recently experienced a very bad situation dealing with abandoned apartments.
In a positive vein, however, the unique environmental natert of the site olf'ers other aimibur
use options possibly with lesser prejudice. Those worth considering indude condominiuar-
type residential, a townhome project far which there is a good market, a weU-managed
retirement complex such as those owned by MetraNational, or acompatibly-arranged
combination of any 4f these three uses.
In the neat day or two, I will put together an eaawpk or two along with the names of a few
people that might be worth discussing the matter with. Xf we are collectively successful in
resolving these issue with the city, seemly and the Corps, it u possible tfiat toe project
coald be target-marketed to the environmental community with the preserve as a focal
point. Hesston bas one of the largest, most active and vocal of such communities in the
country. We also enjoy close prozimity to Galveston Bay, and its wastal marshes, binding
there, on Galveston Island, and on Bolivar Peninsula. Twist a year, over 10,000 birders
FROM Northrup Associates In~ PHONE N0. 713 463 5039 ~ Aug. 03 2004 03:37PM PS
Hoek to the region to observe or count species. This site is a year~roued attractant to
wildlife in itself, which is the purpose of the preserve. I believe this could be sold to the
right builder-developer group.
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~ 09 CITY OF LA PORTE PLANNING DEPARTMENT
~ .~ 604 W. Fairmont Parkway, La Porte, TX 77571
v ,~f ' ~ www.ci.la-oorte.tx.us
/ / ~. A. Phone: (281) 471-5020 I Fax (281) 471-7168
rE XAe
MEMORANDUM FOR RECORD
MARCH 29, 2004
TO: Director of Planning
FROM: City Planner
Re: Developer Responses to City of La Porte's Requests, The Preserve at Taylor Bayou.
To date, the City of La Porte has received the following responses to issues and concerns from
the Developers and/or Engineers working on "The Preserve at Taylor Bayou" project:
ISSUE/CONCERN: New application for a Special Conditional Use Permit (SCUP)
based upon current zoning.
RESPONSE: Completed.
ISSUE/CONCERN: New general plan to be filed identifying Location of lift station and
easements; Wetlands; SW Bell Station; Trails; Public Parkland.
RESPONSE: Completed.. It should be noted that the location of the Lift Station must be
verified (see discussion on page 2 this memorandum).
ISSUE/CONCERN: Requested a traffic analysis/impact study.
RESPONSE: Completed; however, 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 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, given the parameters stated above, will rate no
worse than LOS B and concludes no adverse impact for this development.
•
ISSUE/CONCERN: Market analysis.
• 2
RESPONSE: Completed. The study does not focus on La Porte; rather, the study looks at a
"regional" picture. The mazket study done for The Preserve at Taylor Bayou quotes the
"area's" apartments at an occupancy range from 85% to 93% with the overall average of
90.05%. The occupancy rate for Class A apartments in 2003 was 88.59%. The absorption
rate for apartments is currently 12 to 18 months from completion of construction with
stabilization occurring at 15 months on the average. 27.4% of the regions households were
renters.
ISSUE/CONCERN: Provide a draft Parkland Dedication Instrument.
RESPONSE: Complete. Generic document was received; nothing approved or accepted as
intended.
ISSUE/CONCERN: Financing. Provide confirmation/proof of funding allocation.
RESPONSE: On March 26, 2004, the City received documentation from Metropolitan
Funding Corp. citing their commitment to providing funding for the project pending
"...resolution of the outstanding issues and market penetration...". During a subsequent
conversation with Mr. Robert Burchfield, he identified the outstanding issues as utilities
(primarily sewer) and "ownership" of the trails associated with the preserve.
ISSUE/CONCERN: Lift Station/ACOE approval.
RESPONSE: Incomplete. A letter from the developing engineer, received on Mazch 1, 2004,
indicates that a plan has been submitted to the Corps.
ISSUE/CONCERN: Environmental issues. Provide assessment approved by ACOE.
RESPONSE: Incomplete. A letter from the developing engineer, received on Mazch 1, 2004,
states that a study will be performed and submitted to the Corps.
ISSUE/CONCERN: Trails. Provide a letter of confirmation from the Legacy Land Trust
approving the layout and accepting maintenance, management responsibilities of the
conservation easement. Additionally, provide a final plan for the trails stating exact
trail layout, trail materials used, other structures being built, and estimated yearly
maintenance costs.
•
• 3
RESPONSE: Incomplete. The central issue is that the funding for this development is hinged
on a public entity (e.g. City of La Porte, Harris County or some other third party) taking
"ownership" and all liability for the preserve and trails.
• On March 16, 2004, the City received an email from Legacy Land Trust. In part, the
Trust is very interested "...but does not, in writing, incur maintenance costs of the
property." They will seek donations on "...ecotourism related events..." and "...pull in
volunteers and help with the trail where possible."
• On March 26, 2004, the City received a draft final plan for the trails from Northrup
Associated Inc. This plan cites development guidelines, trial material, and provides an
aerial depiction of the trails and bridges. No mention is made for either developmental
nor maintenance costs.
• During a telephone conversation with Mr. Burchfield, he indicated that Harris County
expressed interest in both funding the development and providing the maintenance costs
for the preserve.
Wayne J. Sabo
City Planner
"Draft"
City of La Porte
Special Conditional Use Permit # SCU 04-013
This permit is issued to: Robert Burchfield
Owner or Agent
2123 W. Governor's Circle #400 Houston. TX 77092
Address
For Development of: Preserve at Taylor Bayou (Multi-family 8~ Townhomes)
Development Name
1200 Block of McCabe Rd. ~ SH 146. La Porte. TX
Address
Legal Description: 28.43 acre tract out of 107 acre tract of land. W.P. Harris Survey
Abstract-30. La Porte. Harris County. Texas
Zoning: Planned Unit Development (PUD)
Use: ~ Multi-family residential (apartments).Townhomes. Nature Preserve and
Neighborhood commercial
Permit Conditions:
1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and
10 dwelling units per acre respectively.
2. The nature preserve "conservation easement" ownership and responsibility for its maintenance
must be established. The City requirement for compensating open land will apply. The City
must approve the conservancy dedication instrument.
3. The applicant/developer shall be responsible for the maintenance of the 77.52 Conservation
Easement until transfer of ownership and/or responsibility.
4. The public shall have access to the conservation area using trails that are constructed and
maintained by the applicant/developer. City intends to control the hours of operation.
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. Permits with Army Corps of Engineers
and County Flood Control must be presented to the City.
7. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to
ensure that traffic congestion does occur as a result of his project.
8. The applicant must secure a maintenance bond, according to the City's multi-family
provisions, or seek an approved alternate showing evidence of bonding insurance or
participate in a "reserve fund mechanism" that establishes an account for the sole purpose
of maintenance to the project. This fund is for the lifetime of the project.
9. 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.
10. The applicant must provide proof of funding allocation.
11. The applicant must provide a covenant that the multi-family portion of the project remains
on the City's tax rolls.
12. A letter from Army Corps of Engineers for approval of the lift station must be submitted
prior to the building permit.
13. Utility Plan must be approved by City Staff.
14. Proposed sidewalks must be annotated on the General Plan.
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15. All utilities should be Tanned for under ound routin .
P ~' g
16. The applicant must provide a covenant for maintenance of common areas.
17. The General Plan must be updated to comply with the City of La Porte's General Plan
Checklist.
18. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning
City Secretary
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A
A Meeting of the La Porte ~ ~ RECE~VED
Planning & Zoning commission ~ AUG 1 0 2004
(Type of Meeting)
. ~ ~ ~ scheduled for ~ ~ PLANNING DEPT.
Au t 19, 2004 .
(Date o Meehn
to Consider
Special Conditional Use Permit #SCU04-013
(Type of Request).
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons: .
I am OPPOSED to granting this request for the following reasons:
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~, ~ ~:1.« ~ .~ : ~ ~ ~I-i-. a..~ ~ ~ < <~ ~ ~-P~-ems - nr,~~. .
Name (please print)
Signature
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...._ _ _. - - - ---- - . - ~ ~ .~ I
Address ~ ~.
. ~~~~ ~--P~ ~e ~C1iC ~ 't ~ S1~ 1
city, State,'Zip
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