Ord. 2004-1501-YYY Lakes at Fairmont Greens SCUP in TIRZ #1

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La Porte Golf Community SCU#04-O 12 July 15, 2004 Page 2 of? e e in turn controlled a tract in the Northern portion of the development that was integral to Mr. Fogarty's concept for the single family development. As a joint venture, it was envisioned that a land swap between the two developers would benefit the entire plan. In 2004, Mr. John Hettig redesigned the multi-family concept to 100 free- standing, single family rental units fmanced partially using Housing Tax Credits. Given this change to the General Plan, Mr. Hettig submitted a request for an amendment to SCU#02-003. The amendment, SCU#04-007 considered the change to the General Plan as a whole. This amending SCUP went before the Commission on May 20, 2004, and forwarded to Council with a recommendation for approval by a 4-2 vote. Council, in turn, remanded SCU#04-007 back to the Commission for additional consideration. Mr. Hettig is currently reassessing his options and has formally asked for his "plat" to be withdrawn. With both the land swap and Mr. Rettig's portion of the project held in abeyance, Mr. Fogarty is requesting a new SCUP to forward a new General Plan without the land swap or the multi-family development This submittal is for a new General Plan, doted June 2004, for 411 lots and 18 Reserves on 135.4 acres. This General Plan excludes the Rettig parcel of land adjacent to, and north of Fogarty's Section 5, south of Section 7 and bordering s.H. 146. 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. After approval of the General Plan and SCUP by City Council, the applicant would be authorized to submit a Preliminary Plat. This Plat would be reviewed and acted upon by the Commission. Approval of the preliminary and final plats would allow the applicant to submit building plans for review and then to begin construction of the project. Analvsis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: . Uses - Review of the City's Land Use Plan indicates this area was envisioned as developing as low density residential with a few areas for commercial use. The proposed project is now primarily low density residential (approximately 135.4+/- acres). The multi-family development section at McCabe Road and S.H. 146, which consisted of 15 acres and a 1.5 acre tract reserved for commercial development has been deleted and marked for future Land Plan designation of single family and commercial development. During review of the site plan,