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Planning and Zoning Commis3Ton • <br />Minutes of July 15, 2004 <br />Page 4 <br />9. Utility extension and maintenance/repair of paved driveway over pipeline <br />easement shall be the responsibility of the owner/developer. <br />10. All non-service transmission pipeline crossings must have the approval of the <br />pipeline company. <br />11. Ensure that maximum lot coverage does not exceed 40°~. <br />12. Provide on-site detention for the development and design in such a way as to not <br />inhibit normal sheet flow of adjacent properties. <br />13. This permit does not become valid until a formal Minor Development Site Plan <br />and Plat are submitted to the City; reviewed and approved in accordance with the <br />requirements of the Development Ordinance. <br />14. The Developer shall comply with all applicable laws and ordinances of the City <br />and the State of Texas. <br />Second by Dottie Kaminski. The motion carried. <br />Ayes: Berner, Kaminski, Barrera, Linscomb, Finch, and Waters <br />Nays: None <br />Abstain: None <br />5. CONDUCT PUBLIC HEARING AND CONSIDER RECOMMENDATION TO CITY <br />COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU04-012 FOR <br />1128 ACRES OF LAND LOCATED IN THE W.P. HARRIS SURVEY, A-30. THE <br />APPLICANT, ARETE REAL ESTATE 8< DEVELOPMENT CO., SEEKS A SPECIAL <br />CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY RESIDENTIAL <br />DEVELOPMENT IN THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT. <br />Mr. Sabo presented staffs report. In order to move forward, the applicant, ARETE Real <br />Estate & Development Co., has requested a new special conditional use permit to <br />replace the one approved in 2003. The new request includes 135.4 acres, 411 lots and <br />18 Reserves in seven sections known as the Lakes at Fairmont Greens to be located in <br />the 2000 Block of State Highway 146. The request excludes the multi-family portion and <br />the land swap. <br />Public notices were mailed to 49 property owners. The City received one response in <br />favor of the request. <br />Joe Fogarty, 1518 Ash Meadow, Houston, TX addressed the Commission. Mr. Fogarty <br />believes he has tried to accommodate the Commission and Council and is ready to <br />move forward. <br />Bruce Meismer, 10824 Spruce Dr. N., addressed the Commission. Mr. Meismer <br />concurred that Mr. Fogarty has diligently worked through all of the problems. <br />Motion by Paul Berner to recommend to City Council, approval of Special Conditional <br />Use Permit #SCU04-012 for 1135.4 acres in the 2000 Block of SH 146 to be developed <br />for single family and commercial use with the following conditions: <br />