O-2004-1501-XXX scup04-007 amending 03-002; rejected by Council

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e e 10. Ensure pedstrian access to trails system from within the development without entering McCabe Road ROW or S.H. 146. 11. Return with the Development Agreement, plat, deed restrictions, covenants, lease agreements, HOA covenants etc. reaffirming and resolving the above conditions for approval by the City. 12. The applicant must secure a maintenance bond, according to the City's multi-family provisions, or seek an approved alternate. 13. If current or future owners are a qualified 501 c(3) or a governmental body, agree to payments in-lieu of taxes for all taxing jurisdictions. 14. Covenant that any change in ownership in the future to a qualified 501 c (3) or another governmental unit be required to continue payments in-lieu of taxes. 15. City must be agreeable to the terms and conditions regarding payments in-lieu of taxes including term and provisions for renewal. 16. Covenant the creation of an Interest and Sinking Fund that continues beyond the life of any financing or tax credit. 17. Create a property owners association that is subject to and part of the Homeowners Association created for the adjacent singe-family development. IS. Consider a mixture of3 and 4 bedroom units v. 100 4-bedroom units in consideration of the impact on LPISD. 19. Comply with all applicable laws and ordinances of the City of La Porte and the State of Texas. 20. Construct an S' minimum sight bearing fence around the development. 21. Architecture of units must be approved by the City of La Porte. 22. Development requires alleys and rear access to garages and 50' ROWs. 23. Development requires landscaping of individual lots and tress in rear yards of lot along McCabe Road and S.H. 146. 24. Landscaping is required along the entire length of the development bordering McCabe Road. 25. Provide for school bus turnarounds and bus stops. 26. Ensure that planned amenities (e.g. pool, parks, playgrounds and equipment, clubhouse etc.) are constructed. 27. Ensure that a system, approved by the City, is in place to provide priority for La Porte residents. 2S. Per condition number 13, ensure that property value, rather than income value, is factored for the payments in lieu of taxes made to the taxing entities as stated previously. Failure to begin construction within 12 montt)s after issuance or as scheduled under the tenns of a special conditional use pennit shall void the pennit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is tenninated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary