05-15-2003 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • Zone Change #R 03-005 P 8c Z June 19, 2003 Page 2 of 3 . Mr. Edwazd Dutko made a presentation of his proposed General Plan to the Planning and Zoning Commission on August 19, 1999. This General Plan, which was a modification from previous development submittals, demonstrated that approximately 77 acres of the 107 acre tract would need to be preserved based on a report from the US Army Corps of Engineers. The remaining developable acreage shows approximately 29 acres as high- density residential and 1.35 acres as a commercial corner. The Commission was receptive to this plan and suggested Mr. Dutko proceed with formal submittals for Phase 1 which is approximately 17 acres in the existing PUD zoning district. Development in a Planned Unit Development (PUD) zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (for the initial phase of development) be submitted and processed simultaneously. The Planning and Zoning Commission in their regular meeting on September 21, 2000, reviewed the General Plan and a Special Conditional Use Permit for Phase 1 (16.21 ac.) Later on, City Council approved the General Plan and SCUP. On November 30, 2001, a 1- yeaz extension was granted for the same. In December 2002, Mr. Dutko and applicant/developer submitted General Plan and a Special Conditional Use Permit for multi-family development comprising of approximately 29 acres. During the Commission's April 17, 2003 meeting, they made a presentation of the proposed plan. The proposed development includes a 4acre detention pond with water features surrounded by jogging trails and play areas. However, the previous General Plan was approved with a condition that owner will seek zone change to PUD for the development of phase 2 (approx. 12.27 ac.). Analysis: Curreirtly, out of approximately 29 acres needed to develop this project, only 16 acres are zoned PUD; the balance is R 1. Multi-family development is allowed in the PUD but is not allowed in R 1. The developer is seeking a 13.73 acre tract rezone to PUD for multi-family development. In considering this request, Staff reviewed the Comprehensive Plan elements as a guideline. The specific issues considered are as follows: Land Use -Review of the Land Use Plan shows this 107-acre tract was envisioned as developing as low-density residential with a small corner for commercial uses. Although the proposed development is not considered to be low-density residential, the developer stated that approximately 77 acre conservation easement would serve as a buffer between the proposed multi- family development and surrounding properties.