11-20-08 Regular Meeting,Public Hearing and Workshop of the La Porte Planning and Zoning Commission

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Preserve at Taylor Bayou Extension for SCUOS-008 December 18, 2008 Page 2 of2 development were submitted to the City. Construction drawings were reviewed subject to coordination and monetary participation of this development with the adjacent development (Lakes at Fairmont Greens). However, no further progress has been made towards this project. The developer still needs to address the following issues: Nature Preserve - ownership, responsibility for its maintenance, and dedication instrument must be established and approved by the City. CCRs - Covenants, Conditions, and Restrictions for the proposed multi- family development needs to be submitted for the City Attorney's review and approval. Maintenance Bond - Proof of funding for comprehensive general liability and maintenance from the bank as an alternative or reserve fund mechanism must be provided to the City. Army Corps of Engineers - An updated letter from the Army Corps of Engineers needs to be submitted. Traffic Study - Traffic calming devices/tools, right turn lane, and commitment for financial contribution towards the project. Staff has reviewed the request for another one-year extension and has found no notable changes in the development conditions that would affect the subject property. Infrastructure requirements are the same as they were when this project received initial approval. The sanitary sewer for the development will be connected to a new trunk main constructed north to the adjacent development of "Lakes at Fairmont Greens." Permits from the Army Corps of Engineers, Harris County and Harris County Flood Control District must be presented to the City prior to review of any plans and issuance of the building permit. Conclusion: Section I 06-659( c) of the Code of Ordinances states: "In the event submission or detailed major or minor development site plans, or preliminary plats has not occurred within 12 months of the last approval, then the conditional use permit will become null and void The applicant may, within the first 12 months, however, request an extension for one additional year, and the City Planning and Zoning Commission may grant such extension ". Staff is recommending denial of an additional one-year extension of the Special Conditional Use Permit and General Plan as no significant progress has been made towards this project. This will void all previous Special Conditional Use Permits and General Plans approved for Preserve at Taylor Bayou.