07-15-2004 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• • Staff Report ~ Preserve at Taylor Bayou August 19, 2004 General Plan & Special Conditional Use Permit #SCU 04-013 Request: Approval of General Plan for 107.19 acre tract and Special Conditional Use Permit. Requested Bv: Mr. Robert Burchfield, Burchfield Development, L.P. Requested For: A 107.19-acre tract out of the W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located in the 1200 Block of McCabe Road. Present Zoning: Planned Unit Development (PUD) Requested Use: Multi-Family Residential, Townhomes, Neighborhood Commercial and Preserve. Background: This property is located at the southeast corner of SH 146 and McCabe Road. It is bounded on the east by Shady River Subdivision and on the south by. Shoreacres. Several years ago, the Commission and Council approved a General Plan and Special Conditional Use Permit (SCUP) for this location. In' 2001, a one year extension was granted; however, no construction occurred and the permit expired in November 2002. The applicant submitted a General Plan and applied for a SCUP in December 2002. During the Commission's April 17, 2003 meeting, Mr. Burchfield presented his proposed General Plan. During the presentation, Mr. Burchfield provided the lay out of 400+ units situated on 28 acres. The proposed development included a 4-acre detention pond/water feature surrounded by jogging trails, and play areas. On March 16, 2004, the City notified the applicant of unresolved issues concerning the details of the dedication of the Preserve, drainage, sanitary sewer,'Army Corps of Engineer requirements and financing. The issue was again heard on March 24, 2004, with SCU #04-003 for a multi-family complex. P&Z recommended denial of the application based upon issues including excessive density of 418 units, lack of information concerning the Preserve, financing and outstanding Army Corps of Engineer documentation. Chapter 106, Code of Ordinances, allows a maximum cap of 180 units within apartment complexes. City Council denied the request on Apri126, 2004. The Staff analysis for this project uses Chapter 106, Zoning guidelines for comparing standards. The Commission is reminded that in a PUD, P&Z may vary from strict terms of the Code. ~~