04-17-2003 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Staff Report Mundo La Porte May 15, 2003 General Plan & Special Conditional Use Permit #SCU 02-005 Request: Approval of General Plan for 107 acre tract and Special Conditional Use Permit for acre tract. Requested By: Mr. Lee H. Burchfield, Burchfield Development, L.P. Requested For: A 107-acre tract out of the W. P. Harris Survey, A 30, LaPorte, Harris County, Texas. This property is further described as being located in the 1200 Block of McCabe Road. Present Zoning: 16 acres Planned Unit Development (PUD), 12 acres Low Density Residential (R 1), and 1.35 acres Neighborhood Commercial (NC) Requested Use: Multi -Family Residential Background: This property is located at the southwest corner of SH 146 and McCabe Road. It is bounded on the east by Shady River Subdivision and on the south by Shoreacres. Over the three 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 owner, Eddie Dutko, and applicant/developer, Lee Burchfield, 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 an 4-acre detention pond/water feature surrounded by jogging trails, and play areas. Development in a PUD zoning district requires that a General Plan (for the entire proposed project) and a Special Conditional Use Permit (SCUP) be submitted and processed simultaneously. Upon approval of the General Plan and SCUP the applicant would be authorized to submit a Major Development Site Plan. The Site Plan will be reviewed and acted upon by the Commission. Approval of the Major Development Site Plan would allow the applicant to submit building plans for review and then begin construction of the project. Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of development projects within a PUD zoning district: • Uses — Review of the City's Land Use Plan indicates this 107-acre area was envisioned as developing as low density residential with a small comer for commercial uses. Although this proposed