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HomeMy WebLinkAboutO-2003-1501-AAA R03-005 _t . ORDINANCE NO. 1501-Mk AN ORDINANCE AMEN,DING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 10.), MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF lrHAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH TH.E OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1, The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 19th day of June 2003, at 6:00 p,m. a Public Hearing was held befon:! the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of' the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2, The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3, Immediately following such public hearing on June 19, 2003, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated June 20, 2003, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes, ORDINANCE NO. Iso_AAA Page 2 . "Section 4, Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 14th day of July, 2003, at 6:00 p,m" and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parc:els of land, There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing, "Section S, The. publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6, ThE! City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of tile hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed from Low-Density Residential (R-1) to Planned Unit D,evelopment - PUD," The description of said parcels of land rezoned to Planned Unit Development is as follows, to-wit: "13.73 Acres being pts, of TRS 8, 98, and SF, located in the W, P, Harris Survey, Abstract No, 30, City of La Porte, Harris County, Texas". "Section 7. ThEI City Council of the City of La Porte hereby finds, determines, and declares that all prerE~quisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification ORDINANCE NO, lSO~ Page 3 . contained in this Ordinanc::e as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan, "Section 8, The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551. Texas Govemment Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discus~)ed, considered and formally acted upon, The City Council further ratifies, approves ~md confirms such written notice and the contents and posting thereof, "Section 9. Thi!i Ordinance shall be in effect from and after its passage and approval. Passed and approved this the ~ day of July, 2003, ATTEST: BY:~I/f~ M Rli A G LLETT, City Secretary B' t~ e THE ST ATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte and the provisions of th.~ Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of June, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Zone Change #R03-00S, requested for property located south of McCabe Road and the easterly right-of-way line of State Highway 146; 13,73 acres being PT, ofTRS 8, 9B, and SF of the W, P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant, Robert R Bun;h:field, of Burchfield Development, L.P., seeks to develop a multi- family facility on approximatc~ly 29.73 acres to be known as the Preserve at Taylor Bayou. The reason for the zone change is to add this property into the Planned Unit Development (PUD) zoning district, where high density residential is a permitted use per City's Code of Ordinances. A regular meeting of the Planning and Zoning Commission will follow the public hearing. The Commission will act upon the public hearing items and conduct other matters. Citizens wishing to address the Commission pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available, Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting, Please contact the City Secretary's office at (281) 471- 5020 or TDD Line (28/) 47/-5030for further information, "EXHIBIT A ' i '.,.., _'" ':" :::.:_;,.cliize,:.s:/~hi~g:-:t~;::,;'~~,-: I, ~UBLlC NOTICES' <';':".~re~~(!he:qpmm"I' "i,pro:, . I .." '.. - ,',- , . or carkaurlli t bllc .', ": ,::;.;'., ' "':--' -,' -:-' '.... ':'.- .... hearing' 'ate' ,g ieq : to' f~~~~;:~J.~"2;:~;~~%.,: ~:cbUNlY,dF HARRIS' \::: :;. - ':-:C'riY ;OF tA 'POR'rE ):.'.. !:~:.......~~../.- ...;::.\.... :I::.~....:~}:~::~..... ,,,.;... ':..:~.~;...~.',::..:;..: .... :;~~..;.:};.,~.\,:... ! 'CltvOf~'PORTE .,.... ':, ,,:,' 'Martha Gillett':',. ,.':'~, l;~~!~:~:~{'-;dS~~!: ,. -,:,""","" ..,"'.';. " ,ble.. ,Reques~ for a,~-.I'~ !: ! II:! " -~c:cor~8!lI?8-:: ~~ '"the ' modations, _or -_ inte"'''re~~: ~":'$\' /;;'PrQVlsl~n~, of Se,ction 1~- serv!ces,'-::~L, "meetings:- - I:. ,171; 'of, the Code of O,rdl-.: should be made 48 hours' .. , 'nanC,es, ~rf!:l~ ~ity:9f ta.,:prio;-:.:."to:..;,~e ;'m.eiJtlng;:~ '., , io;.PO~l! at'~, t!:1~'l?l'O.VIslons.of ..:"'Please:: C()n~ct 'tp~ ."City, T.'L B hAS. 1947' L the Texas!~.: ~ove.~- SBi::~tary's >::': offlctf:i'''at fle ays ore rea znce I:'.m~nt:~e;, 9~t1~ IS h~re- (281)471-5020-: or ':, TDD ~~'bY g~~en that the ,La f'~rte Une (281)471.5030 l'or fur-, .,', PlanOlng an~ Zorllng qO!11- , ther information. ,',-: mission wil! conduCt ~ pub: " ' :' lic hearing at 6:00P:M.' , . 'S , 'the"'19th'''::da~Of'''' Jun " , 20D3,'~'"ln,",~ih .;.CO..'.cl " t~.Ch8mti~rs.of,C.1 , i'West" F " lit', y.:~: ~''la:P , ," ur- undersigned authority, on this date :p' of e ng Is ,to. . t~Co~ I , r '';,?pn' . Cliange eared Karolyn I(ellogg, a dul~ authorized r.#;AQ" 'l.~ques~ed ;:ro~ of The Bayshore Sun a semi-weekly I proPQ located south "of ' McCabe', Road' -~d. :~e:>ljshed and generally distributed in the re~$terly ~ght~f-way..llne of H . C t li d h , State, Highway' 146;: 13,73 e. ams oUll y, exas an w 0 \:.ac.res being F.!:,.of TflS 8y sworn, swears the attached notice was ~'ano 9B, of.theW,P. Harris A ~ J " I.., "2. fSUn!iy!'tAbStraH~"" ,,~:;3o~':Lale Bayshore Sun dated v (pO /0..,../(;1<00 J I'P.C?"~; 1f:,_ ~iJ'1.~':,~' c~u~. ~:rexas,:'; 1Jle .:~'!appllC;lUlt. l Rober(.' R,~J ~~j'th~eld: ~of 'Burchfleld';~ / Development. 'LP,j ;seek:to ,develop a , :multi~fainlly:'f8cllitY::oiiJp- "proXimatei}i '29.73 -acres, to ,know ,:as : ,thi( .!,reseiVe.:at ! Taylor- Bayou: 'The reason . ifor, tI1e: zon~;Cha.nge i~to' : add. :ttiis., property int'! th~ , Planned Unit Development , (~l,JD), ~.iioning: ' 'district. Karolyn Kellogg 'where, .high,;..~ern:jty: :resl- Authorized Representative ,dentlaJ IS, a pennltted, use ,;per' C!tY's Code', of Ordi- ':;_~.~!:~,::';;\;},:)-~~:~'.:~r:t:::":scribed before me this -/ 'JE day of 9~ .~*~~ ;L..t~~. ~ '!l1~ion,wlllfollowthepub- Sandra E Bumgarner IIc /ieanng. The Commis.' . .'sion,wili act,up~ln the pub. Notary Public li~ hearing items ~d con- I ' : du~other!'la~ers": ' ;', Hams County, Texas '. , e 281-471-1234 Fax: 281-471-5763 re Sun ~JiofIL ,2003 ~ ~H1BIT 6 . e e City of La Porte Established 1892 June 20, 2003 Honorable Mayor Norman Malone and City Council City of La Porte Re: Rezone Request #R03-005 Dear Mayor Malone: The La Porte Planning and Zoning Commission, during its June 19, 2003 meeting, held a public hearing to considc~r Rezone Request #R03-005 for approx, 13,73 acres of land south of McCabe Road and State Highway 146. The applicant, Robert R. Burchfield, of Burchfield Development, L.P., seeks to rezone the property from Low-Density Residential (R-1) to Pla,nned Unit Development (PUD), The Planning and Zoning Commission recommends approval of Rezone Request #R03-005, Respectfully submitted, ~~ Chairperson, Planning and Zoning Commission 604 'IN, F3irmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020 IXHIIIT C e e THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte and the provisions of th€, Texas Local Government Code, notice is hereby given that the La Porte City Council will conduc:t a public hearing at 6:00 P.M. on the 14th day of July, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, The purpose of this hearing is to consider Zone Change #R03-00S, requested for property located south of McCabe Road and the easterly right-of-way line of State Highway 146; 13.73 acres being PT, ofTRS 8, 9B, and SF of the W, P. Hanis Survey, Abstract 30, La Porte, Harris County, Texas. The applicant, Robert R Burchfield, of Burchfield Development, L.P., seeks to develop a multi-family facility on approximately 29.73 acres to be known as the Preserve at Taylor Bayou, The reason for the zone change is to add this property into the Planned Unit Development (PUD) zoning district, where high density residential is a permitt<::d use per City's Code of Ordinances. A regular meeting of the City Council will follow the public hearing, The Council will act upon the public hearing items and conduct other matters, Citizens wishing to address thle Council pro or con during the public hearing are required to sign in before the meeting is convened, CITY OF LA PORTE Martha Gillett City Secretary This facility has disability accommodations available, Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting, Please contact the City Secretary's office at (281) 471- 5020 or TDD Line (281) 471-5030for further information, '8H1BIT D . ..' ~ in accotdance With.itie. provisions of SecUon '106-' 171 of the Code of..OrdI-' nances of the CIty"of ,1.:& Porte and the provision.. of !he Texas Local Govern- ment Code, notlc8,ls here-' by given that the La' Porte City Councif ynU conduct a public hearing at 8:00 P.M. on the 14th clay of July; 2003, In. the. Couricil Chambers of the City HaJi, 604 West FaJrmont Park-, way, La Porte, TeXas.:the purpose of this h8arln,f is to consider Zone Change #R03-005, requested' for I ,property located' South of I McCabe 'Road and.. the i easterly right-of-Way line of I State Highway,1'48;..13,73 'InderSigned authority, on this date ::esan~~~'~~~"~:' red Karolyn ~(e"oggJ a duly authorized Hams SUIV8Y:AbstfaCt" 30" ' "lThe Bayshore Sun, a semi-weekly La Porte. Harris County, 'h d d . II d' t 'b t d' th Texas, The' ,.appllC8i1t,', P e an genera y IS n u e In e Robert R, BUrchfle~dfIt... IHarris Count'! Texas and who Burchfield Delve~, I ' ' :;;~~_f=~'fto!' d .,~ ,', iworn, swears the attached notice was proXImately 29 ., to i,Bayshore Sun dated 01, /.:2 9 /,fJ..C" 3 . be known as '. erve at T8y1D Jhe:rea- son for c/)ange Is to ,rojIerty,JntQ th Unit Develop- m nt (P ) zoning dlsti1ct, re h ,density. "resl~ de permltt~ ~use per City's, Code' of, qrdl,-: nances, ',. ':. ,~ . . A regular meeting of the City Council will follow the public hearing.' ~ Coun-: ,cil wiD act upon .th8,'publlc . ; hearing Items aiId conduct ~__":"""_I......_Il".. ...~ .. 'dress "" Council pro or con during the pUbll~ hear- ing are requlied ~ . sign I~ be10re the ~ Is co":, vened, ,: '~-"':'" ',: " .;. CnY OF LA ,PORTE : Martha Gillett .' , CitY Secreta~. : ~ This faCIlity has diSability olA" avalla- accommodauv..S., bl R-.ests for aecom- e, ""-, , ...",...five modStIons or ,1[1'" ,.. serviceS : at ' meetings should be mad~ ,48 hoUrs prior to' the" meeting, Please con_at - the CIty S8Cf8f8ry's offlce.. at (281)471-5020 . or ' roo une (281)471-5030 for fur~ ther Int0rm8t1on, e 281-471-1234 Fax: 281-471-5763 I re SUD 'Sen1ing The Bayshore Area Since 1947' .' ~ Karolyn Kellogg Authorized Representative ribed before me this I ,a:J- day of 9",e.-7- ~),4~ Sandra E. Bumgarner Notary Public Harris County, Texas ,2003 "'''''''''''''''''''''''''''''''''J.~''''''''''''S ~A E, BUMGAnNEA I PUBLIC, STATE OF TEXAS 8 JMMISSION EXPIRES ~ ,~RIL 30, 200Ei X :,oo""""",.,.",,.,....e.:,oo",.,.,,j '> tsXH1BlT E. -- e I StalTReport June 19, 2003 Zone Change Request #R 03-005 Reouested by: Robert R Burchfield of Burchfield Development, L.P., on behalf of Forest Holdings, L.L,P., and Mr. Edward Dutko Reauested for: A 13.73 acre tract (Pts. TRS 8, 9B & 5F) out of a 90 acre tract, W, p, Harris Survey, A-30, La Porte, Harris County, Texas, Locations: McCabe Road @ S.H. 146 Present Zonin2: 16 acre!; Planned Unit Development (PUD), 90 acres Low-Density Residential (R-l), and 1.35 acres Neighborhood Commercial (NC) Reouested Zonin2: Planned Unit Development (PUD) Baclmround: The subject tracts comprise of a combined total of::l:l 07 acres of land out of W. P. Harris Survey, A-30, La Porte, Harris County, Texas, The property is located at the southeastern comer of McCabe Road and State Highway 146. The property became part of the City of La Porte in December 1988, It was taken into the City as a part of the annexation of the former Bayshore Municipal Utility District (Ordinance No, 1626). Subsequent to annexation, the City updated the Comprehensive Plan in order to apply it to the newly incorporated areas. As a part of this process, zoning classifications were assigned to the various tracts and subdivisions. The zoning designation assigned to this tract was P,U.D, In addition, Low-Density Residential and Commercial were the assigned land uses. On July 15, 1993, the Planning and Zoning Commission considered a zone change request for rezoning of 100.6034 acre tract to Low-Density Residential (R-l) and the remaining 6.7526 acres to Neighborhood Comml,rcial (NC). The Commission recommended approval to City Council. The Ordinance 1501-Q authorized the R-l and NC zoning of the property, On Apti121, 1994, the Planning and Zoning Commission was asked to look at this tract. The property owners re-evaluated their development options and request.ed the rezoning of a portion of R-l property (approx, 17 acres) to P.U.D. with land use designation of Mid to High Density Residential, which opens the possibility of proposing a multi-family development. The Commission recommended to City Council and Ordinance 1501-R confirmed the P,U.D. zoning of the new 17 acre tract. Zone Change #R 03-005 P & Z June 19,2003 Page 2 on Analvsis: IJ e Mr. Edward 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 pres~'rved 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 comer. The Commission was rec;eptive 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- year extension was granted for the same, In DeC4~mber 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 4-acre 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.). Currently, 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 comer 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, Zone Change #R 03-005 P & Z JWle 19,2003 Page 3 on Conclusion: tt e TranslPortation - The tract gains access using McCabe Road, a minor arteriall with 100' ROW, which provides access to the State Highway 146. However, an additional entrance/exit off State Highway 146 is suggested to improve circulation. These roadways should be able to easily accommodate any traffic generated by new development. The overall impact on the traffic should be minimal. Utilities - The infrastructure was not analyzed in detail to ensure that sufficient capacity exists. This analysis will occur when subdivision plats are submitted. In addition, the developer must provide any structures or improvements necessary to serve future development. Drain:llge - This property lies within the Taylor Bayou Watershed. There are not sufficient channel improvements to directly receive storm water runoff from this project. Storm water drainage and detention is also an issue that will be carefully reviewed as a project develops. Staff recommends on- site detention for any proposed development. Multi-family Regulation - Recently the Commission and City Council adopted new multi-family development regulations. The regulations established new requirements for open space/recreation and amenities, mainte:nance, spacing requirements of multi-family developments for each other, 180 unit .maximum, 14 units per acre density, and ingress/egress, When development in the PUD district occurs, the Commission is allowed to follow the regulations of the district the development could be built; however, the PUD allows for some flexibility and creativity. Based on the items discussed above, the request satisfies the criteria established for Planned Unit Development zoning district. At this time, Staff recommends that the Planning and Zoning Commission approve this rezone request, as it represents the highest and best use of the property. Furthermore, the request supports the goals and objectives of the Compmhensive Plan. Actions available to the Commission are as follows: . recommend approval of the zone change as requested, . recommend denial of the zone change as requested, and . recommend approval ofa modified version of the zone change. ,~.............._~ . ....,t .' j " , I ~' .. ," , 1 ". '1',:", 't' ," ;;. . ,jo.. . II .,.t"': . :t k \ .~i.: '1.-10 . LEGEND. ' = EXISTING ZONING , BOUNDARIES' :::'PROPoSED DEVELOPMENT ", MAV-22-2003 THU 09:40 Atl ,~ ' FAX NO. . p, 02 . , City of La Porte Established 1892 APPLICATION FOR " ZONE CHANGE REQUEST OFFICE USE ONLY: :EEE: $100.00 ( ) Site Plan ( ) Mil:lor Devel~pment Site Plan ( ) Major Development Site Plan ( ) General Plan .( ) Site Plans Submitted on . Appliant's Name: "Robert R. Burchfield - Burchfield Development~ LP , 2123 W. Governcjrs Circ le, Ste. 400 Address: Houston. TX 77092 Ph: ll.l~ Date: .5- !). '4 - '2..Mt) Sign.tu~~~~------- Owner's Name: Eduardo Dutko Cabo Nave, S.A. de C.V. Add Blvd, Marina SiN Ph;. ress: Plaza Las G.lor~as Lac. 1-8 Mobi'le: 281-222-1448 . Col. Centro ' " Property Lecg&'bg~~rip~gg~ c " ~.:~,;{j ~ ~~Q.~ ~', : So (~See Attached ~ '"'.' ca.:.~..:.'\f~ o.J::'Nl,<;S; ("\~-~''l-o!Xl'l u~q,(" s....~'"-..~Q..Ol~\''1~'\t. I ~1 THE OWNER OF THE HEREIN DESCRIBED PROPERTY AND Robert Burchfield IS AUTHORIZED TO FILE TInS APPLICATION ON MY BEHALF. Signature; f -::1 aLL; SIC, 0: ~ . Pate: . s- Q..~ - ''1. 2)!) ~ Zone: Requested Zone Change: x PUD ~() r {)-/XL 1..-.-61'1 (,' 4L1:T ..u.-- - ~.....---...--....- ... ... Proposed Usage: OFFICE US.E ONLY ,'J '::-. "-::> " "/ ,-" " ; ~;! I :. ~ ::~ : ~ \ ~/ i ~;j ; :. . , . I" " ,U MAY 3 0 2003 ~ I "t , - 1) Planning & Zoning: (a) Preliminary Meeting - (b) Public Hearing/Mtg. - Recommendation: Applicant Notified of Date(s): ( ) 1st Mtg. Adjoining Property Owners Notified: ( ) 2nd Mtg. 2) City Council: (a) Regular Meeting - (b) Public Heanng/Mtg. - ^pproved ( ) Adopted by Amendment Ord. #1501 - 4~ . Public Notice Response (None Received) . . REQUEt FOR CITY COUNCIL AGE.A ITEM Agenda Date Requested: Julv 14. 2003 Requested By: Gwen Goodwin ~ Department: Plannine Aoorooriation Source of Funds: N/A Budgeted Item: N/A N/A N/A N/A Account Number: Report: Resolution: _Ordinance: -1L Amount Budgeted: Exhibits: Ordinance p & Z Staff Report Aerial Map Re-lone application Mail Out Response Amount Requested: SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during their June 19, 2003 meeting, held a public hearing to receive citizen comments regarding Rezone Request #R 03-005, This request involves 13.73 acres located along McCabe Road and SH 146. (See map.) On behalf of the owner, Mr, Robert Burchfield is requesting a rezone from Low Density Residential (R-l) to Planned Unit Development (PUD). The applicant is proposing a 400+ unit multi-family residential complex. The applicant needs these additional acres to develop the project. As required by ordinance, four (4) notic:es of public hearing were mailed to property owners within 200' of the site. Staff did not receive any responses. By a unanimous vote, the Commission recommends to Council approval of Rezone Request #R 03-005, The following options are available to Council: . Table the item until a specified future meeting date. . Approve the Commission's recommendation with a simple majority, . Disapprove the Commission's recommendation with a % majority. Action Required bv Council: 1, Conduct public hearing. 2, Consider approval of Rezone Request #R 03-005, Aooroved for City Council Aeenda / 7-~ -t) Date