11-17-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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Planning and Zoning Commi ion • Minutes of November 17, 2005 Page 4 Conditional Use Permit for 28.508 acres of land out of 107 acre tract of McCabe Road at State Highway 146 near Taylor Bayou. There are currently some outstanding issues with the General Plan, such as the drainage, but this should not deter conditional approval by the Commission with conditions as listed in the Staff Report and Special Conditional Use Permit. B. PROPONENTS The applicant, Mr. Robert Burchfield, addressed the Commission to explain the parking access of the proposed town homes and nature preserve. Mr. Burchfield also noted that the City's staff has been very helpful throughout the approval process. Debbie Mason, Project Engineer, informed the Commission of her intent to present a Final Plat at the next Planning and Zoning Commission meeting date, December 15, 2005. C. OPPONENTS There were none. Mr. Sabo responded to questions of the Commission. 9. CLOSE PUBLIC HEARING Vice -Chairman Kaminski closed the Public Hearing at 6:43 pm. 10. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING SPECIAL CONDITIONAL USE PERMIT #SCU 05-008 (AMENDING #SCU 05-004) AND AMENDED GENERAL PLAN FOR 28..48 ACRES OF LAND LOCATED IN THE 1200 BLOCK OF MCCABE ROAD AND STATE HIGHWAY 146, FURTHER DESCRIBED AS A 107 ± ACRE TRACT IN THE W.P. HARRIS SURVEY, ABSTRACT 30, LA PORTE, HARRIS COUNTY, TEXAS. Motion was made by Kirby Linscomb, Jr. to approve General Plan and #SCU 05-008 with conditions as follows: • An overall density of the multi -family (apartments) and townhomes shall not exceed 14 and 10 dwelling units per acre respectively. • 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. • The applicant/developer shall be responsible for the maintenance of the 78.652 acre Nature Preserve/ Conservation Easement until transfer of ownership and/or responsibility. • Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. • 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. • 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 this project. • The applicant must secure a maintenance bond according to the City's multi -family provisions, 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 for the lifetime of the project.