05-20-2004 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Planning and Zoning Commission ` Minutes of May 20, 2004 Page 7 ■ What percentage of homes will be market, median, and low income? ■ What will be the rent structure? Motion by Nick Barrera to recommend City Council approval of Special Conditional Use Permit #SCU04-007 as an amendment to #SCU03-002 for a multi -family residential development known as Bayforest Ranch, with the following conditions: 1. Allow only this development design near McCabe & SH 146. The development is restricted to 100 units based on single-family special lot line (e.g. 0 lot line) parameters in City. Code of Ordinances 106-333. . The Developer's Agreement could determine driveway access on S.H. 146 and McCabe Road. 2. Enlargement or use of a commercial tract shall -be determined when the Development Agreement is created. 3. Any developer redesign of the current layout of street rights -of -way and building setbacks for the entire Golf Course Development and Bayforest requires prior approval. 4. Future approval of the plats and construction drawings shall be in accordance With the master.sewer plan.for south La Porte or agreed modifications. 5. This project and the entire General Plan shall conform to the priniciples and findings of the Taylor Bayou Watershed Plan. Proposed drainage plan must be approved by the City. .6. The City's Parkland dedications shall apply. The consolidation or only partial credit may be considered for the dispersed parks. In addition to the passive park/detention areas should include the deed restrictions that these areas, buildings, lawns, clubhouse, open spaces and appropriate adjacent lands are private and maintenance would be the responsibility.of the Homeowner Association. 7. Agreements for the provision'of public -services within this complex shall be made between the City and the owner/developer.. 8. The perimeter landscaping, pedestrian paths, or sidewalks along SH 146 and the drainage channel for Bayforest would. equal that proposed for the SH 146 boundary of the Golf Course Community. 9. Construct a sound barrier wall between the entire Golf Course Community and Bayforest developments &S.H. 146. 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.