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<br />REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> <br />Requested By: Nick Finan <br /> <br /> <br />Appropriation <br /> <br />Agenda Date Requested: April 26. 2004 <br /> <br />Budgeted Items: <br /> <br />N/A <br />N/A <br />N/A <br />N/A <br />YES NO <br /> <br />Source of Funds: <br /> <br />Department: Plannin2 <br /> <br />Account Number: <br /> <br />Report: x Resolution: <br /> <br />Ordinance: X <br /> <br />Amount Budgeted: <br /> <br />Exhibits: <br /> <br />Ordinance <br />Staff Report to P&Z <br />Area Map <br />Zoning Map <br />General Plan <br />Site Plan <br /> <br />Amount Requested: <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />The Planning and Zoning Commission, during its March 29,2004, meeting, held a public hearing to receive citizen <br />comments regarding Special Conditional Use Permit Request #SCU04-003. The request, submitted by Mr. Robert <br />Burchfield, seeks approval of a General Plan and a Special Conditional Use Permit (SCUP). The General Plan is for <br />the entire :1:107 acre tract and the SCUP is for multi-family residential development consisting of 28.43 acres to be <br />known as the Preserve at Taylor Bayou, which is to be built in two phases. The property is located at the southeast <br />corner of SH 146 and McCabe Road. <br /> <br />Originally, the General Plan demonstrated that 77.5 acres out of 107 acres would need to be preserved in perpetuity <br />as a Conservation Easement based on a permit the applicant received from the US Army Corps of Engineers. The <br />remaining developable acreage showed 28.5 acres proposed as high-density residential in the PUD zone. <br /> <br />A detailed analysis of this project as originally presented was provided to the Planning and Zoning Commission. <br />Several years ago, the Commission and Council approved a General Plan and SCUP for this location. A I-year <br />extension was granted in year 2001, however, no construction occurred and the permit expired in 2002. In addition, <br />the applicant has failed to comply with several of the requests from previous P&Z meetings. Most notably, Corp's <br />approval of sewer line and lift station, finance letter, and commitment letter on the Preserve. <br /> <br />Recently the Commission and City Council adopted new multi-family development regulations. The regulations <br />established a 180-units maximum limit with a density of 14 units/acre. Based on the area calculations, the density <br />here comes out to be 14.70 units/acre with the number of units proposed for phases I and 2 as 198 and 220 <br />respectively. Therefore, the total is 418 units, exceeding the amount allowed by the ordinance <br /> <br />The Planning and Zoning Commission, by 4-1 vote; (4 in favor, I opposed, and the chair abstained) recommended <br />disapproval of Special Conditional Use Permit #SCU04-003. City Council may overrule the Commission's <br />recommendation and approve the Special Conditional Use Permit request. This would be voting in favor of the <br />proposed ordinance and requires a minimum of seven affirmative votes (3/4 rule). <br /> <br />Action Reauired bv Council: <br /> <br />1. Conduct public hearing. <br />2. Consider taking action on recommendation for denial by P&Z for 28.43 acres ofland located at the southeast <br />corner of McCabe Road and SH. 146. The applicant, Mr. Robert Burchfield, seeks SCUP for multi-family <br />development in PUD zone. <br /> <br /> <br />{L <br />Debra B. FeazeUe, City Man <br /> <br />~~2J~ J~ <br /> <br />Date <br />