HomeMy WebLinkAbout05-21-09 Regular Meeting,Public Hearings,and Workshop Meeting of the La Porte Planning and Zoning Commission
Members Present:
Members Absent:
City Staff Present:
Others Present:
Planning and Zoning Commission
Minutes of May 21 2009
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1) and Lou Ann Martin (Alt 2).
Les Bird
Planning Director, Tim Tietjens; City Planner, Masood Malik; Assistant City
Attorney, Clark Askins; and Planning Assistant, Shannon Green.
1. Call to Order.
Meeting called to order by Chairman Hal Lawler at 6:04 p.m.
Chairman Lawler noted Commission Member Les Bird was absent. Chairman Lawler added
David Janda (Alt 1) will be voting in place of Les Bird.
2. Consider Approval of the April 16, 2009, regular meeting minutes.
Motion by Paul Berner to approve the regular meeting minutes of April 16, 2009. Second by Nick
Barrera. The Motion carried.
Ayes:
Nays:
Abstain:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
Due to professional involvement, Commission Member Lou Ann Martin left the room for item #3,
4, 5 and 6.
3. Consider approval of an instrument for Vacating Plat for the Retreat at Bay Forest North.
Masood Malik, City Planner presented staff's report. Staff recommends approval of the instrument
for Vacating Plat for the Retreat at Bay Forest North.
Motion by Nick Barrera to approve an instrument for Vacating Plat for the Retreat at Bay Forest North.
Second by Paul Berner. The Motion carried.
Ayes:
Nays:
Abstain:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
4. Consider approval of an instrument for Vacating Plat for the Retreat at Bay Forest South.
Motion by Nick Barrera to approve an instrument for Vacating Plat for the Retreat at Bay Forest South.
Second by Paul Berner. The Motion carried.
Ayes:
Nays:
Abstain:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
5. Consider approval of the plat for the Retreat at Bay Forest North subdivision to be located
along South Broadway.
Motion by Nick Barrera to approve the plat for the Retreat at Bay Forest North subdivision to be located
along South Broadway with the following correction.
· Add a note on the Plat to ensure the residents know they are responsible for the utility and
drainage easements and maintenance of the private street.
Planning and Zoning Commission
Minutes of May 21,2009
Page 2 of4
Second by Paul Berner. The Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
Nays:
Abstain:
6. Consider approval of the plat for the Retreat at Bay Forest South subdivision to be located
along South Broadway at Wharton Weems Boulevard.
Motion by Nick Barrera to approve the plat for the Retreat at Bay Forest South subdivision to be
located along South Broadway and Wharton Weems Boulevard with the following correction.
· Add a note on the Plat to ensure the residents know they are responsible for the utility and
drainage easements and maintenance of the private street.
Second by Paul Berner. The Motion carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
Nays:
Abstain:
Commission Member Lou Ann Martin was asked to return.
7. Consider approval of a General Plan for the Preserve at Taylor Bayou.
Masood Malik, City Planner gave staff's report.
Motion was made by Nick Barrera to approve a General Plan for the Preserve at Taylor Bayou
with the following conditions:
Developer will be responsible for the following
a. The Nature Preserve "conservation easement" ownership and responsibility for its
maintenance must be established prior to the issuance of any building permit. The
City and Army Corps of Engineers must approve the conservancy dedication
instrument.
b. Issues of 20' wide alleys, circulation/maneuvering, maintenance, and franchise utility
easements are outstanding.
c. Proposed mitigation pond must be developed simultaneously with the development of
proposed multi-family complex.
d. Show berm along south boundary line to prevent potential flooding to adjacent
properties. Call out proposed berm along State Highway 146. Submit plans, indicate
timeline of construction, and developer shall be responsible for construction of these
berms.
e. Furnish drainage easement approval by Shady River Civic Association. Approval of
overflow structure by Harris County Flood Control District and the City shall be
required.
f. Install a crosswalk from the complex to the Bayshore Elementary School.
g. Install "Children Crossing" street sign at the appropriate site.
h. Install a sound wall as a buffer behind commercial development.
i. Provide a copy of the updated drainage study.
j. Install proper drive-ways for school busses.
k. Construct a right turn lane along McCabe Road with sufficient radius.
I. Recommend City Council to ask the Drainage Committee to review the updated
drainage study.
Second by Paul Berner. The Motion Carried.
Planning and Zoning Commission
Minutes of May 21,2009
Page 3 of 4
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
Nays:
Abstain:
8. Open public hearing to receive input on Special Conditional Use Permit #SCU09-002 for
property located along McCabe Road and State Hwy 146, further described as 107-+ acre
tract in the W.P. Harris Survey, Abstract 30; La Porte, Harris County, Texas. Eddie Dutko,
General Partner, Land Holding Corporation, seeks approval of Special Conditional Use
Permit for development of the Preserve at Taylor Bayou within a Planned Unit
Development (PUD) zone.
Chairman Hal Lawler opened the Public Hearing at 7:35 pm.
A. Staff Presentation
Masood Malik, City Planner gave staffs report.
B. Proponents
There were none.
C. Opponents
Kathryn Aguilar of 3119 Fondren, voiced concern of the drainage impact and the
flooding it may cause for surrounding residents from this project.
Randa Spence of 3126 Fondren, voiced her concern with the flooding this project
may cause for the residents of Shoreacres.
Ted Powell of 1700 Roscoe voiced his concern as to why staff gave the
presentation instead of the developer. Mr. Powell also voiced concern with the
increase of traffic in the near future from the Port of Houston Authority; Bayport
Teminal.
Roy Neely of 1019 Oakleaf, voiced his concern for the flooding in Shoreacres.
Charlotte Wells 3342 Miramar, voiced her concern with the loss of the wetlands
from the Taylor Bayou project.
Beverly VanZandt of 2601 S Broadway, voiced her concern this project would
become low income housing.
D. Proponents Rebuttal
Paul Manley spoke in favor of the project. Mr. Manley explained this is a current
market rate project and will not be a HUD low-income project.
Deborah Mason spoke in favor of the project. Ms. Mason added, 75% of this
development is dedicated as detention to the Nature Preserve.
9. Close Public Hearing.
Chairman Hal Lawler closed the public hearing at 8:16pm.
10. Consider recommendation to City Council regarding Special Conditional Use Permit
#SCU09-002 for development of 107+ acre tract within PUD zone, located along McCabe
Road and State Hwy 146.
Motion by David Janda to table the item. The motion died for lack of a second.
David Janda withdrew the motion.
Motion by David Janda to table the item to the June 18, 2009 regular meeting date.
David Janda withdrew the motion.
Motion by Paul Berner to approve the SCUP with all the conditions listed on the draft Special
Conditional Use Permit. The motion died for lack of a second.
Motion by Kirby Linscomb to deny the approval of Special Conditional Use Permit #SCU09-002
for development of 107+ acre tract within PUD zone, located along McCabe Road and State Hwy
146. Second by Nick Barrera. Motion Carried.
Planning and Zoning Commission
Minutes of May 21,2009
Page 4 of 4
Ayes: Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
Nays: None
Abstain: None
11. Open workshop to discuss fence height and setback requirements.
Chairman Lawler opened the workshop at 9:08pm.
Motion by Kirby Linscomb to table the workshop to a future Planning and Zoning Committee
Meeting. Second by Dottie Kaminski. Motion Carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
Nays:
Abstain:
12. Close Workshop
Workshop was tabled for the next Planning and Zoning Committee Meeting.
13. Administrative Reports
1. Census 2010 - Complete Count Committee
Planning Director Tim Tietjens appointed by City Council to market the census
effort. Commission Members were asked to let staff know if they were interested
in participating.
2. Sylvan Beach Nourishment and restoration Project
This project is behind due to Hurricane Ike. The project is expected to be
completed by November 2009.
4. Park Drive and South Broadway bridge improvement project
This project is set to be completed by fall of 2009.
4. Memorial Day
Masood Malik wished the Commission Members a Happy Memorial Day.
14. Commission Comments
Dottie Kaminski mentioned that due to the Chamber Event, several Commission Members will not
be available for the regular Planning and Zoning Commission meeting on June 18, 2009.
15. Adjourn
Motion by Paul Berner to adjourn. Second by Nick Barrera. The Motion Carried.
Ayes:
Hal Lawler, Dottie Kaminski, Nick Barrera, Doretta Finch, Kirby Linscomb Jr.,
Paul Berner, David Janda (Alt 1).
None
None
Nays:
Abstain:
Chairman Hal Lawler adjourned the meeting at 9:12pm.
annon Gre n
Planning Assistant
Approved on this JCj day of ~
p \~)~'-
Hal Lawler
Chairman, Planning and Zoning Commission
,2009.
Preserve at Taylor Bayou
General Plan & Special Conditional Use Permit
#SCU09-002
Exhibits
A. Staff Report
B. Area Map
C. Draft SCUP
D. General Plan
E. Public Notice Response
Staff Report
June 24, 2009
Preserve at Taylor Bayou
General Plan & Special Conditional Use Permit #SCU09-002
Request:
Requested Bv:
Requested For:
Present Zonine::
Land Use MaD:
Requested Use:
Back2round:
Approval of a General Plan and Special Conditional Use Permit #SCU09-
002 for mixed use development
Eddie Dutko, General Partner
A 107.16-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris
County, Texas. This property is further described as being located in the 700
Block of McCabe Road.
Planned Unit Development (PUD)
Low-Density Residential
Single-Family, Multi-Family, Townhomes, and CommerciallRetail.
This property is located at the southeast comer of State Highway 146 and
McCabe Road. It is bounded on the east by Shady River Subdivision and on
the south by the City of Shoreacres. This is an on-going project for which
the Planning and Zoning Commission and City Council have previously
approved various General Plans and Special Conditional Use Permits.
City Council approved an Amended General Plan and a Special
Conditional Use Permit at their December 12,2005, meeting. Since the last
approval, the applicant received two I-year extensions as per provisions of
Section 106-659 (c) of the Code of Ordinances. Concurrently, a third I-year
extension request was denied by the City.
The applicant submitted a General Plan and applied for a SCUP earlier this
year. During the Commission's March 19, 2009 meeting, project engineer
presented the proposed General Plan and provided the layout of a multi-
family, single-family residential, townhomes, and retaiVcommercial on 28
acres. The proposed development also includes a 3-acre mitigation pond.
However, the item was tabled and the applicant was notified of unresolved
issues concerning the details of the dedication of the preserve, drainage,
traffic study, and overall project fmancing.
The issue was again heard on May 21,2009, with SCU #09-002 for a multi-
family complex. P&Z recommended denial of the application based upon
issues including drainage, traffic impact analysis, sound wall, sidewalks,
crosswalk across McCabe Road, lack of information concerning the
Preserve, financing and outstanding Army Corps of Engineer documentation
and drainage easement by Shady River Civic Association.
EXHlBll A
Preserve at Taylor Bayou
June 24, 2009
Page 2 of7
Analvsis:
The current application submits a General Plan for:
· 180 multi-family units, 57 single-family zero lot line, and 8
townhome units on 28.43 acres
· 1 lot, Neighborhood Commercial on 1.35 acres
. 1 lot, Nature Preserve on 79.65 acres.
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.
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
southeast comer for commercial use. However, this proposed
development is not considered to be an overall low-density residential
but a mixed use development within a Planned Unit Development
(PUD).
Streets - The proposed development is located at the comer of State
Highway 146 and McCabe Road. The developer has proposed two points
of entrance/exit off McCabe Road for a multi-family project. Additional
drive along McCabe Road will serve townhomes, single-family
development and Nature Preserve. With an ongoing project development
at the northeast comer, further coordination with TXDOT for future
plans for SH 146 is required. Addition of right turn lane on McCabe
Road at State Highway 146 shall be required. In addition, monetary
contribution shall also be applicable towards traffic calming
devices/tools.
Traffic Impact Analvsis: The applicant has submitted a traffic analysis
study report by Traffic Engineers, Inc. (May, 2009). Traffic analysis
were conducted for 2012 (build-out year) and 2017 (five years after
build-out) at the existing intersections of SH 146 at McCabe Road,
Broadway at McCabe Road, and future intersections of McCabe Road
and Preserve at Taylor Bayou driveways.
Crosswalk - A crosswalk should be installed across McCabe Road
either east or west of proposed Taylor Bayou Lane within a 20-mph
school speed zone. School crosswalk sign shall be installed at the
crosswalk.
Preserve at Taylor Bayou
June 24, 2009
Page 3 of7
Right Turn Lane - The study mentions the future TxDOT Highway
146 improvements, existing conditions and future development in the
vicinity. However, full implementation of these developments at this
intersection will have significant impact on the traffic circulation/flow
in relation to level-of-service ratings because of the limited access
between McCabe Road and State Highway 146 now and in the future.
A right turn lane must be constructed to ensure that traffic congestion
does not occur as a result of this development.
Drainage - Hydrologic/Hydraulic Impact Analysis by Dodson &
Associates, Inc. (June, 2009) determine mitigation measures required to
account for impacts resulting from the development of entire 107 -acre
tract. Proposed drainage plan will consist of an on-site mitigation/storm
water quality (SWQ) basin in order to attenuate the peak runoff
conveyed by the proposed internal storm sewer system.
The General Plan shows that all storm drainage sheet flows directly on
to the undevelopable portion of the development. Concentrated
sheetflow within the streets will be conveyed to the southern portion of
the development where it will be discharged into the wetlands preserve
area. Runoff collected within the on-site mitigation pond will be drained
via 24-inch RCP and outfall into Taylor Bayou. An excess runoff
entering the wetland preserve area will be ponded in an existing low
lying area within the wetland preserve and slowly discharge into the
TxDOT drainage system serving State Highway 146. The increased
runoff will be stored within this natural depression by providing a berm
around the area in order to contain the excess runoff and to attenuate and
decrease runoff rates.
An existing earthen berm has been constructed along the southern
portion of the project site. This berm is located within the city limits of
the City of Shoreacres and extends from the southwest comer of the
project site to east for about 900 feet. The berm prohibits ponded water
within the wetlands from sheet-flowing to the south. However, the study
recommends to extend the earthen berm about 700 feet to the north
where it meets an outfall swale from the ponding area and then about
200 feet north of this swale.
As per land plan for the developed area, approximately 11.2 acre-feet of
storage volume will be provided within the proposed mitigation pond. A
24-inch RCP will drain the basin approximately 700 feet to the east and
outfall into Taylor Bayou. A constant tailwater equaling the top of pipe is
used to create a discharge versus headwater relationship, using these
parameter, it will have no adverse impact on the drainage system of the
adjoining Shady River Subdivision.
Preserve at Taylor Bayou
June 24, 2009
Page 4 of7
The study concludes that the said project will have no adverse impacts
on flood hazard conditions for storm events up to and including the 100-
year event and on the surrounding areas. However, drainage easement
must be obtained from Shady River Civic Association. Drainage plan
approval by TxDOT and Harris County Flood Control District must be
presented to the City prior to issuance of any building permits.
Noise issues - Dominion Due Diligence Group has calculated the
estimated noise characteristics of the proposed project at the southeast
comer of McCabe Road and State Highway 146. The projected value for
all noise sources is 68.6 db, which is "normally unacceptable". The
standard criteria is that interior levels do not exceed the established 45 db
level. Therefore, the combined wall, window and door ratings will need
to reduce the interior level by at least 23.6 db.
The developer responded the above assessment is inaccurate as the tests
were conducted from the hard comer of SH 146 and McCabe Road.
While the closest planned building is approximately 275' from the right-
of-way of SH 146. In addition, 175' is heavily wooded preserve area.
The remainder area is parking and landscaping for the apartment
complex. The right-of-way provides an additional 100' of distance from
the closest building to the highway. Only 18.9% of the project units
directly face the highway.
The following measures will be taken to mitigate any noise concern:
· All windows will be glazed with insulated glass
· Exterior walls will be filled with sound-deadening barts
· A cedar fence with heavy landscaping shall be installed between
commercial tract and residential as a buffer.
Utilities - There are sufficient water distribution facilities along McCabe
Road to supply potable water and fire protection to this proposed project.
Provisions will have to be made to ensure that sufficient utility
extensions are made to serve this development. Sanitary sewer service is
near to this site, and must be connected to the north development along
McCabe Road.
The said project will be transporting the sanitary sewer flow north
through the Lakes at Fairmont Greens, a subdivision off State Highway
146 and Wharton Weems Boulevard. Based on the current conditions,
the Preserve at Taylor Bayou, when hooked up to the new 24" trunk
sewer main going north will share pro-rated 31.2% of the total cost of
construction. Monetary contribution shall be required for the system
upgrade to handle both north and south developments.
Preserve at Taylor Bayou
June 24, 2009
Page 5 of7
Parks and Recreation - Section 12.0 of the City's Development
Ordinance requires the developer to provide on-site open space and
recreational space or fees in lieu of parkland to the City. Per the
Ordinance, an area of land dedicated to the City for parkland purposes
shall equal one acre for each 160 dwelling units. Therefore, a monetary
fee in lieu of parkland dedication shall be required.
Nature Preserve - Nature Preserve dedication issues are being worked
towards resolution. These issues may be coordinated and approved in a
separate dedication instrument. The Nature Preserve ownership and
responsibility for its maintenance must be established prior to building
permit issuance. The general plan shows at least 10 public parking
spaces on-site and resident access to the nature preserve along
proposed Taylor Bayou Lane off McCabe Road.
Sidewalks - Section 5.02 of the Development Ordinance empowers the
Commission to require pedestrian sidewalks when it feels their inclusion
will serve the public interest. Staff would recommend the installation of
sidewalks along McCabe Road. Owner/developer shall be responsible
for the installation of sidewalks. Responsibility for construction of the
sidewalks is stated on the plan.
ConclusionlRecommendation:
Based on the above analysis, staff believes that the current submittal has
merits. If the Commission wishes to consider approval of this Special
Conditional Use Permit request, staff recommends the following conditions
as a minimum be included:
Nature Preserve
1. The Nature Preserve "conservation easement" ownership and
responsibility for its maintenance must be established. The City and
Army Corps of Engineers must approve the conservancy dedication
instrument prior to any plat or site plan approval.
2. The preservation area, once dedicated to either the City of La Porte,
Harris County or a designated land trust, must be converted into a
conservation easement.
3. The developer shall be responsible to submit a conservation easement
to the City and the Army Corps of Engineers for review and approval
prior to its execution.
4. Per Department of the Army Permit No. 21774(01); Extension of Time,
as a compensation for the proposed wetland impacts, an on-site area
will be protected and preserved in perpetuity. The area to be preserved
will consist of 17.65 acres of wetlands and 61 acres of upland forest
and riparian habitat (a total of78.65 acres).
5. The developer shall be responsible for first 5 years following the
initiation of the conservation easement, noxious plants species,
Preserve at Taylor Bayou
June 24, 2009
Page 6 00
including Chinese tallow, cattail, and willow, will be controlled within
the preservation area. These species will be controlled so that their
total areal coverage will not exceed 25 percent of the total areal cover
of the preservation area.
6. During first 5-year period, the developer shall be responsible for
submitting annual reports to the Army Corps of Engineers
documenting the vegetation cover of the noxious plant species
including photographs of the preservation area.
DrainageIDetention
1. The design ofthe detention shall be reviewed by the City and HCFCD
to ensure consistency with ordinances and Taylor Bayou Watershed
Plan. Approval by TxDOT and Harris County Flood Control District
must be presented to the City.
2. The developer shall be responsible to construct berms along State
Highway 146 and south boundary line to avoid flooding to adjacent
residential area.
3. The developer shall obtain drainage easement from the Shady River
Civic Association for crossing outfall structure to the Taylor Bayou.
4. Proposed mitigation pond (Section 3) must be developed
simultaneously with the development of multi-family (Section 1).
Traffic/Circulation
1. The developer should coordinate with TxDOT and Harris County for
an additional lane at McCabe Road in conjunction with improvements
at the northeast corner on State Highway 146.
2. The developer shall build traffic calming devices/tools (e.g. right turn
lane, signals, traffic signs etc.) to ensure that traffic congestion does
not occur as a result of this development.
3. Install a crosswalk from project location to the school and post proper
signage along McCabe Road.
4. Construct sidewalks along McCabe Road or in an easement along the
subject tract. A note that owner/developer is responsible for the
installation of sidewalks shall be stated on the plan.
5. Install landscaped fence as a buffer between State Highway 146 and
residential development.
6. A copy of driveway permits by Harris County and Express Review
Sheet must be submitted to the City.
Insurance/Maintenance Bond
1. The owner/developer must secure a maintenance bond according to the
City's multi-family provisions, seek an approved alternate showing
evidence of bonding insurance, or participate in a "reserve fund
mechanism" that establishes an account for the sole purpose of a
maintenance project for the lifetime of the project.
Preserve at Taylor Bayou
June 24, 2009
Page 7 of7
2. The applicant must provide proof of funding allocation for overall
project including off-site improvements.
3. The applicant must provide a covenant that the multi-family portion of
the project remains on the City's tax rolls. Need a reference in the deed
that if sold to non-profit, owner agrees not to claim tax exempt status
runs with land or any other entity.
Utilities
1. This development must connect to the sanitary sewer along north of
McCabe Road.
2. The owner/developer shall contribute 31.2% (approx. 50K) as
proportionate cost for the construction of the south La Porte trunk
sewer main, the portion of the lift station built north of the site and the
portion of the off-site lift station at 8th and Little Cedar Bayou to
handle both north and south developments.
3. All utilities should be underground. Irrigation system is recommended
for ensuring proper maintenance of landscaping.
Mandatory Items
1. Proposed apartment complex must provide an area designated for
accommodation of school buses, pick up/drop off sites as per LPISD's
design standards.
2. Community Association shall be responsible for the maintenance of
drainage/detention system within the development.
3 . Water meters accommodating automated meter reader devices shall be
installed by the developer. Coordinate City staff to obtain standard
specifications.
4. Money in lieu of parkland dedication shall be applicable.
5. All deeds, covenants, conditions, and restrictions shall be reviewed
and approved by the City of La Porte. Clearly state in the covenants
that the grantee, successors, or assigns shall be responsible for
submitting plans for future platting of this property.
6. 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 recommend SCU#09-002 and General Plan
to City Council with conditions as stated.
· Recommend to Council Denial of SCU#09-002 and General Plan.
· Table SCU#09-002 and General Plan for further study.
· Continue Public Hearing at a future meeting.
N
A
PRESERVE @ TAYLOR BAYOU
Legend
=Proposed DeveloRment
=Nature Preserve
EXHIBIT 9
'Draft'
City of La Porte
Special Conditional Use Permit #SCU 09-002
This permit is issued to:
Eddie Dutko c/o Land Holdinq Corporation
Owner or Agent
P. O. Box 293. Leaaue City. TX 77574
Address
For Development of:
Preserve at Taylor Bayou
Development Name
700 Block of McCabe Rd. @ SH 146. La Porte. TX
Address
Legal Description:
28.508 acre tract out of 107 acre tract of land. W.P. Harris Survey
Abstract-30. La Porte. Harris County. Texas
Zoning:
Planned Unit Development (PUD)
Use:
Sinqle-family. multi-family (apartments),townhomes. and
commercial/retail.
Permit Conditions:
Nature Preserve
1. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must be
established. The City and Army Corps of Engineers must approve the conservancy dedication instrument
prior to any plat or site plan approval.
2. The preservation area will be dedicated to the City of La Porte or a designated land trust and converted
into a conservation easement.
3. The developer shall be responsible to submit a conservation easement to the City and the Army Corps
of Engineers for review and approval prior to its execution.
4. Per Department of the Army Permit No. 21774(01); Extension of Time, as a compensation for the
proposed wetland impacts, an on-site area will be protected and preserved in perpetuity. The area to be
preserved will consist of 17.65 acres of wetlands and 61 acres of upland forest and riparian habitat (a
total of 78.65 acres).
5. The developer shall be responsible for first 5 years following the initiation of the conservation easement,
noxious plants species, including Chinese tallow, cattail, and willow, will be controlled within the
preservation area. These species will be controlled so that their total areal coverage will not exceed 25
percent of the total areal cover of the preservation area.
6. During first 5-year period, the developer shall be responsible for submitting annual reports to the Army
Corps of Engineers documenting the vegetation cover of the noxious plant species including
photographs of the preservation area.
Drainaqe/Detention
1. The design of the detention shall be reviewed and approved by the City and HCFCD to ensure
consistency with the City Ordinances, Taylor Bayou Watershed Plan, procedures and policies of the
Harris County Flood Control District. Permits with Army Corps of Engineers and Harris County Flood
Control District must be presented to the City.
2. The developer shall be responsible to construct berms along State Highway 146 and south boundary
line to avoid flooding to adjacent residential area.
3. The developer shall obtain drainage easement from the Shady River Civic Association and HCFCD for
crossing outfall structure to Taylor Bayou.
4. Section 3 (proposed mitigation pond) must be developed simultaneously with the development of
Section 1 (proposed multi-family).
EXHIBIT C
Traffic/Circulation
1. The developer should coordinate with TxDOT and Harris County for an additional lane at McCabe Road
in conjunction with improvements at the northeast corner on State Highway 146.
2. The developer shall build traffic calming devices/tools (e.g. right turn lane, signals, traffic signs etc.) to
ensure that traffic congestion does not occur as a result of this development.
3. Install a crosswalk from project location to the school and post proper signage along McCabe Road.
4. Construct sidewalks along McCabe Road or in an easement along the subject tract. A note that
owner/developer is responsible for the installation of sidewalks shall be stated on the plan.
5. Install landscaped fence as a buffer between State Highway 146 and residential development.
6. A copy of driveway permits by Harris County and Express Review Sheet must be submitted to the City.
Maintenance Bond
1. The owner/developer must secure a maintenance bond according to the City's multi-family provisions,
seek an approved alternate showing evidence of bonding insurance, or participate in a "reserve fund
mechanism" that establishes an account for the sole purpose of maintenance to the project for the
lifetime of the project.
2. The applicant must provide proof of funding allocation for overall project including off-site improvements.
3. The applicant must provide a covenant that the multi-family portion of the project remains on the City's
tax rolls. Need a reference in the deed that if sold to non-profit, owner agrees not to claim tax exempt
status runs with land or any other entity.
Utilities
1. This development must connect to the sanitary sewer along north of McCabe Road.
2. The owner/developer shall contribute 31.2% (approx. $SOK) as proportionate cost for the construction
of the south La Porte trunk sewer main, the portion of the lift station built north of the site and the portion
of the off-site lift station at 8th and Little Cedar Bayou to handle both north and south developments.
3. All utilities should be underground. Irrigation system is recommended for ensuring proper maintenance
of landscaping.
Mandatorv Items
1. Proposed apartment complex must provide an area designated for accommodation of school buses,
pick up/drop off sites as per LPISD's design standards.
2. Community Association shall be responsible for the maintenance of drainage/detention system within
the development.
3. Water meters accommodating automated meter reader devices shall be installed by the developer.
Coordinate with staff to obtain specifications.
4. Money in lieu of parkland dedication shall be applicable.
5. All deeds, covenants, conditions, and restrictions shall be reviewed and approved by the City of La
Porte. Clearly state in the covenants that the grantee, successors, or assigns shall be responsible for
submitting plans for future platting of this property.
6. 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
There were no Public Responses for the Preserve at Taylor Bayou.
Workshop
Fence Requirement, Height, & Placement
Staff Report
June 24, 2009
Fences
Zoning Ordinance Amendments
Workshop
Back2round
City Council directed staff to consider the fencing requirements, height and its placement
for residential, commercial, and industrial zoning districts as stated in the Zoning
(Chapter 106, Code of Ordinances). At issue are fence requirement for mobile home
parks, height limit and placement of fences on the property line within the landscape
portion or front building setback line of commercial & industrial establishments. There
have been several requests to study the issue to determine if there is a uniform policy or
mechanism that better determine the height limits and erection of fence on the property
line in the front setback of residential, commercial and industrial establishments.
Existin2 Reauirements:
Definitions:
Fence: a manmade structural barrier erected on or around a piece of property or any
portion thereof
MH Park: manufactured housing park means a development under single ownership
intended for the rental or leasing only of manufactured housing units.
Regulations:
· No fences are permitted within any front yard areas except in the case of Large Lot
Residential Lots (> i-acre) or in the case of lots with a front yard directly adjacent to
the shoreline of Galveston Bay.
· Side and rear yard fences with six (6) feet excluding six-inch rot boards are
permitted
· Manufactured housing parks are permitted in Manufactured housing district (MH)
with special use performance standards and footnotes 'd & f' as listed in Section i 06-
334 of the Code of Ordinances. Footnote 'd' denotes obtaining required license and
file with the City, while footnote 'f' represents housing criteria with illustrations.
However, fencing is not required for manufactured housing parks.
Fences
Zoning Ordinance Amendment
Page 2 of3
· Property line fences in any industrial district shall not exceed eight (8) feet in height.
· Fences in commercial and industrial zones which are primarily erected as a security
measure may have arms projecting into the applicant's property on which barbed
wire can be fastened commencing at a point at least seven feet above the ground, and
such fence shall not be erected within the required landscaped portion of any yard or
the front yard setback of any commercial or industrial establishment.
Analvsis:
· As stated, the potential issues before the City's Zoning Board of Adjustment are
variances for height and fences located at the property line in the front yard
setback. Staff habitually sees these developments within commercial/industrial
zoning districts, where fences are erected for security purposes.
· Other issue is fence requirement and its proper maintenance by the owner or
developer of manufactured housing parks. Per Section 106-334, special use
performance standards; residential, screening is required for manufactured
housing parks from abutting uses. But, a reference of fence is omitted from the
criteria. In addition, Section 106-795, maintenance of fences, does not authorize
City officials to enforce these regulations.
· Staff analyzed the situation with all of the pending cases to determine an equitable
way to possibly alter the zoning criteria to maintain the intent of the ordinance
while alleviating the need for ZBOA to hear additional cases for variances.
Results of research by the Planning Advisory Services subsidiary of the American
Planning Association on the neighboring cities are shown in the table below:
City Minimum Maximum
Deer Park 6'5" 8'
Pasadena 6' 7'
Baytown 6' 8'
League City 6'
Friendswood 8'
Pearland 8'
Recommended Requirements:
Residential:
· Allow fences of eight (8) feet high maximum including six-inch rot board.
· Allow 8' high perimeter fences for recorded subdivisions that exceed five (5)
acres regardless of the number of subdivision lots.
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Fences
Zoning Ordinance Amendment
Page 3 of3
· Add fencing as required element for manufactured housing criteria per Section
106-334 (f) of the Code of Ordinances. However, this will be applicable for future
manufactured housing parks if any proposed or established in the City.
· Amend & add language to Section 106-795;
o Fences must be maintained in good condition, replace fences when
destroyed accidentally or by natural disaster, and grass/ground cover
adjoining the fence must be mowed and weeds removed on regular basis.
o Perimeter fences or masonry walls shall be maintained and repaired by the
developer, owner/agent, and homeowner association or the management
company of a subdivision. In addition, maintenance, repair or replacement
of wood or masonry fence around manufactured housing parks is the sole
responsibility of the owner, its agent, or the management company.
Commercial/Industrial:
· Maximum height remains eight (8) feet in any industrial districts.
· Staff recommends erection of fences at minimum five (5) feet setback from the
front property line in the commercial and industrial zoning districts subject to
sight visibility and entrance gate shall be setback at minimum 20' from the front
property line.
Action by the Commission
1. Discuss the issues
2. The Commission may elect to:
~ Arrange a public hearing by next meeting
~ Make a Recommendation to City Council at conclusion of a public
hearing.
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