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			(6)(b)
CITY COMMISSION REGULAR MTG
Meeting Date: 02/07/2024   Binnacle Texas City 51 LLC requests to rezone from District “A” to District “I” to construct Brookwater Development Submitted For: Kim Golden Submitted By: Veronica Carreon, Transportation and Planning Department: Transportation and Planning
Information
ACTION REQUEST
Jerry Le Blanc with Binnacle Texas City 51 LLC requests to rezone from District “A” (Single Family Residential) to District “I” (Planned Unit Development) to construct Brookwater Development – a subdivision that will contain 201 lots.  Recommend approval of the rezoning from District A – Single Family Residential to District I – Planned Unit Development in accordance with the developer’s PUD Application and Planned Unit Development Plan to the Zoning Commission and City Commission.
BACKGROUND (Brief Summary)
Brookwater Subdivision is a 201-unit subdivision on 50 acres of undeveloped land located on the east side of FM 2004, between Mainland City Centre and GCDD No. 2’s Ditch 6 channel. Jerry Leblanc with Binnacle Development is the developer. The developer is re-applying for this rezoning from District A – Single Family Residential to District I – Planned Unit Development because the previous preliminary zoning approval has expired.  The relevant timeline: November 17, 2021 – City Commission approved masterplan and gave PUD preliminary zoning approval. Preliminary zoning approvals expire in 12 months unless there is application for a building permit. Section 160.106(D)(3 & 4) May 16, 2022 – Planning Board approved the Preliminary Plat.  This has been treated administratively as resetting the 12-month clock on the preliminary zoning approval. Section 159.023(F) February 3, 2023 – Application received for Final Plat and submission of construction drawings – this was within the reset 12 months. March 14, 2023 – comments were provided on the final plat and construction drawings. Have not received a response or resubmittal of the final plat or construction drawings.  May 16, 2023 – the administratively extended preliminary zoning approval expired.
RECOMMENDATION
The Zoning Commission voted unanimously to recommend the requested zoning change at its regular meeting on January 16, 2024, after holding a public hearing upon property notice mailed to adjacent property owners. There were no objections voiced at the Public Hearing or received in writing. Staff have no objection to approval of the rezoning from District A – Single Family Residential to District I – Planned Unit Development in accordance with developer’s application dated December 8, 2023, subject to the requirement for the Recreation Site to be fully developed prior to the platting of the second section of the plat which creates the 80th lot, whichever occurs first.
Fiscal Impact
Attachments Staff memo for Brookwater Subdivision Zoning Change Brookwater PUD Application

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