07-16-15 Regular Meeting of the Planning and Zoning Commission

Browse Search

ATTACHMENTA Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City’s Code of Ordinances and established policies, and further agrees that land uses shall be further restricted according to Exhibit C, except for the permitted uses authorized by Exhibit “C”. ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner-Developer has developed a Draft Declaration of Restrictive Covenants for Port Crossing, which are attached to this Agreement as Exhibit “D”. These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit “D”. The covenants and deed restrictions have been approved by the City and have been recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION . 4.1 TermThis Agreement shall have a term commencing on the date first written above, and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner-Developer. Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Permit as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner-Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner-Developer shall provide common open space as shown in Comprehensive Plan and the General Plan, including any required portion of planned City trail system within the project consisting of public sidewalks within the rights-of-way noted on the Plat on at least one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan approved by the City. Owner- Developeralso will cooperate with any additional trail system plan on property dedicated to the City in fee or as an easement within the drainage easement and/or detention pond/drainage system shown on the General Plan. It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and dimensions of these facilities is unknown. When the final design is approved the City will evaluate the potential for use of these areas as public recreation amenities. ).docx- 3 - H-02-Draft Development Agreement (showing changes