O-2004-1501-XXX scup04-007 amending 03-002; rejected by Council

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e e StatTReport July 15,2004 Bayforest Ranch Special Conditional Use Permit #SCU 04-007 Request: Requested Bv: Requested For: Present Zonin2: Requested Use: Baclmround: Approval of a Special Conditional Use Permit (SCUP) for a 100-units multi- family development. (freestanding individual rental units) This request is an amendment to the existing SCUP #03-002 and General Plan approved for this site. Hettig Management Corp. and Arete Real Estate & Development Corp. 15:t acres of land located in the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located between State Highway 146 and the Bay Forest Golf Course. While this 15+ acres is being requested as an amendment, the entire project is open for reconsideration. This property is located at the northeast corner of McCabe Road at SH 146. It is bounded on the east by the Bay Forest Golf Course. On the north, it is adjacent to the La Porte Golf Course Community, a proposed single-family residential development on approximately 150 acres surrounding Bay Forest Golf Course. Planned Unit Development (PUD) with a previously approved (10/13/03). . General Plan . SCUP #03-002 for multi-family with density and driveway access to be determined by a future development agreement. Multi-Family Residential Development (100 freestanding individual units). During the presentation the Commission may hear comments/positions taken that the City's definitions of multi-family do, and/or do not prevent the proposed 100-unit (freestanding) multi-family units from being defined as multi-family and thus allowable under the existing SCUP. Since this is a new concept for this City, the Staff focused on the merits of the concept presented and not on the definitions of multi-family development. This project is not, per se, defined within the current ordinance. In staff's opinion, this project requires this new/amended SCUP because it does not resemble the materials and proposed project presented to the Planning and Zoning Commission and City Council when the existing General Plan and previous SCUP were approved. This application was considered by the Commission on May 20, 2004. The application and SCUP were approved and forwarded to Council with 28 conditions. Due to continuing concerns about the general nature of the development and financing tools being used, the City Council, at their June 14, 2004, meeting remanded the issue back to the Commission for further consideration.