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

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Bayforest Ranch SCU04-007 July 15, 2004 Page 2 of 5 Analvsis: e e Subsequent to Council's decision, Staff received a letter from the applicant stating that he is reassessing his options, and an email from the consulting engineer formally requesting withdrawal of the issue from the Commission's July 15, 2004, agenda. Given that Council directed the action, this application remains on the agenda. The developer (Arete) submitted a General Plan and Special Conditional Use Permit SCU#03-002 for :!:150 acres located at SH 146 just south of the Baypoint Townhomes and west of the Bay Forest Golf Course. The General Plan proposed single-family residential, multi-family residential, and neighborhood commercial uses within the Planned Unit Development zoning district (PUD). At the Planning and Zoning Commission's August 27,2003, meeting, a public hearing was held. During the public hearing, the Baypoint Townhomes residents questioned the extension of Sth Street through their neighborhood into the proposed development. In addition, the residents submitted a petition against the extension ofS. Sth Street. During their September IS, 2003, meeting, the Commission recommended approval of the General Plan and SCUP with a number of conditions: City Council, at their October 13, 2003, meeting, approved the General Plan and Special Conditional Use Permit #SCU03-002 with one amendment removing the connection to Sth Street. The permit conditions for land use allowed multi-family development on this site. The approved SCUP stated the development agreement shall determine density and driveway access. Recently, the Bayforest Ranch Ltd. applied for Housing Tax Credit with the Texas Department of Housing and Community Affairs. This proposed development will consist of 100 single-family homes for rental which was not a part of the original submittal or approved General Plan and SCUP. These homes would be built on approximately 15 acres, which is the subject of this application. Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: . Land Uses - Review of the City's Land Use Plan indicates this area was envisioned as developing as low density residential with a mixed commercial use. As per the approved General Plan, the multi-family development section consists of 15 acres and a 1.5 acre tract as reserved for commercial development. The proposed project is now single-family (freestanding) homes for rental and the commercial reserve is restricted to approximately 1.2 acres along McCabe Road. The intended development is a deviation of the approved General Plan for La Porte