02-19-2004 Regular Meeing and Public Hearing of the La Porte Planning and Zoning Commission

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Bayforest Ranch • • SCU04-002 March 24, 2004 Page 2 of 5 During their September 18, 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 8~' Street. The permit conditions for land use allow multi-family development on this site. The approved SCUP stated the development agreement shall determine density and driveway access. Recently, the City learned through a public notification (attached) that 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 and also proposes on-site after school and summer services for children and other undetermined social programs which was not 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. Analysis: 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 azea 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 is reserved for commercial development. The proposed project is now single-family (free standing) homes for rental and the commercial reserve is enlarged to approximately 4.8 acres along McCabe Road. The intended development is a deviation of the approved General Plan for La Porte Golf Community and it is not in compliance with the eazlier permit conditions and land use designation. • Streets, Access, & Layout -The layout shows private streets with 28'right-of--way. One point of access is shown along frontage road of SH 146 and another along McCabe Road. The City's recently approved Public Improvement Criteria Manual (PICM) requires all street right-of--ways (ROVE to be 60'. In addition, Development Ordinance requires that the design and construction of private streets be identical to the public streets. If approved it is recommended that the developer redesign the current layout to ensure that street rights-of--way and building setbacks are in compliance with the ordinances.