03-17-2005 Regular Meeting, Public Hearing, and Workshop Meeting of the La Porte Planning and Zoning Commission

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Plannin and Zonin Commission • 9 9 Minutes of March 17, 2005 Page 3 David Sepulveda, Project Engineer, confirmed they are coordinating with the development to the north to route sanitary sewer to Lift Station #6. C. OPPONENTS No opposition was presented. 6. CLOSE PUBLIC HEARING. Chairperson Muston closed the public hearing at 6:53 p.m. 7. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU05-004 AND GENERAL PLAN FOR PROPERTY LOCATED IN THE 1200 BLOCK OF MCCABE ROAD AND STATE HIGHWAY 146, FURTHER DESCRIBED AS 107± ACRE TRACT IN THE W.P. HARRIS SURVEY, ABSTRACT 30; LA PORTE, HARRIS COUNTY, TEXAS. Motion by Paul Berner to recommend to City Council, approval of Special Conditional Use Permit #SCU05-004 and the General Plan for the Preserve at Taylor Bayou with the following conditions: 1. An overall density of the multi-family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. 2. The Nature Preserve "conservation easement' ownership and responsibility for its maintenance must be established. The City requirement for compensating open land will apply. The City must approve the conservancy dedication instrument. 3. The applicant/developer shall be responsible for the maintenance of the 75.16 acre Nature Preserve/ Conservation Easement until transfer of ownership and/or responsibility. 4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 5. The design of the detention will be reviewed by staff to ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and County Flood Control must be presented to the City. 6. The developer shall contribute to traffic calming devices/tools (e.g. right turn lane) to ensure that traffic congestion does not occur as a result of his project. 7. The proposed complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. 8. The applicant must secure a maintenance bond, according to the City's multi- family provisions, or seek an approved alternate showing evidence of bonding insurance or participate in a "reserve fund mechanism" that establishes an account for the sole purpose of maintenance to the project. This fund is for the lifetime of the project. 9. The owner/applicant must construct a lift station and dedicate an easement to the City at Taylor Bayou and McCabe for the lift station. 10. The owner/applicant must contribute 31.2% as proportionate cost for the construction of a 24" trunk main, the portion of the lift station to be built north of the site, and the portion of the off-site lift station that needs to be upgraded to handle both north and south developments. 11. The applicant must provide proof of funding allocation. 12. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. 13. A letter from Army Corps of Engineers for approval of the lift station must be submitted prior to the building permit.