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

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REQtlST FOR CITY COUNCIL AG-'DA ITEM Agenda Date Requested: AU2Ust 23. 2004 Requested By: Wavne Sabo -1 Department: Plan nine Appropriation Source of Funds: N/A N/A N/A Account Number: Report: _Resolution: _Ordinance: ~ Amount Budgeted: Exhibits: Ordinance Special Conditional Use Permit SCU#04-007 (Amending SCU#03-002) StatfReport Sketch Planllayout Aerial Map Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION Earlier, this application for an amending SCUP was heard by the Planning and Zoning Commission on May 20, 2004. A special conditional use permit with 28 supplemental conditions was forwarded to City Council. City Council considered the application on June 14, 2004, and remanded the issue back to P&Z for further consideration. Subsequent to the Council's decision, Staff'received a letter from the applicant stating that the delay in the project caused him to "... reassess our options." Later, staff received an email from the consulting engineer and a letter from the owner formally requesting the plan for Bayforest Ranch be withdrawn from the upcoming Planning and Zoning Commission Agenda. Since the issue was directed by Council to be placed back before the Commission, it remained on the agenda. The subject property is located at the northeast comer of McCabe Road at SH 146 adjacent to Bay Forest Golf Course. The said parcel of land is a part of previously approved General Plan and SCUP for the La Porte Golf Course Community. The applicant is proposing 100 single-family homes for rental, a.k.a. "Bayforest Ranch" a project funded by the housing tax credit (proposed). The current project is not consistent with the Special Conditional Use Permit #SCU03-002 recommended earlier by the Planning and Zoning Commission and approved by City Council. To consider this project, the applicant is seeking an amendment to the SCU#03-002 and General Plan approved earlier. As such, the entire Golf Course Community may be reconsidered. The previous SCUP and General Plan were approved with the land use as multi- family development (apartments). The intended development is a deviation of the approved General Plan and SCUP. During the Planning and Zoning Commission's July 15,2004, meeting a public hearing was held. Fifty public notices were mailed to property owners within 200' of the subject site. Two responses were received; one in favor and one opposed. The Planning and Zoning Commission considered the owner's request, viewed the application as abandoned and recommended disapproval of the Special Conditional Use Permit #SCU04-007 (amending SCU03-002) by a unanimous vote (5-0). City Council may overrule the Commission's recommendation and approve the SCUP. This would be voting in favor of the proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule). Action Reauired bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation for denial by P&Z for "the Bayforest Ranch" to be located at the northeast comer of McCabe Road and SH 146. The applicant seeks SCUP for multi-family development in PUD zone. <r-n ~tJ i Date