03-05-09 Special Called Meeting of the La Porte Planning and Zoning Commission

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'Draft' City of La Porte Special Conditional Use Permit #SCU 09-002 This permit is issued to: Eddie Dutko c/o Land Holdinq Corporation Owner or Agent P. O. Box 293. Leaque City. TX 77574 Address For Development of: Preserve at Taylor Bayou Development Name 700 Block of McCabe Rd. @ SH 146. La Porte. TX Address Legal Description: 28.508 acre tract out of 107 acre tract of land. W.P. Harris Survey Abstract-30. La Porte. Harris County. Texas Zoning: Planned Unit Development (PUD) Use: Sinqle-family. multi-family (apartmentsUownhomes. and commercial/retail. Permit 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 must approve the conservancy dedication instrument prior to issuance of any building permit. 3. The owner/developer shall be responsible for the maintenance of the 78.652 acre Nature Preserve/ Conservation Easement until transfer of ownership and/or responsibility to public/private entity. 4. Provide public parking (at least 10 spaces) for the Nature Preserve. 5. Show public access to the Nature Preserve near southeast of proposed Taylor Bayou Lane in the subdivision. 6. The design of the detention will be reviewed by the City and HCFCD to ensure consistency with ordinances and the Taylor Bayou Watershed Plan. Permit with Army Corps of Engineers and Harris County Flood Control District must be presented to the City. 7. The developer shall build traffic calming devices/tools (e.g. right turn lane, signals, etc.) to ensure that traffic congestion does not occur as a result of this project. 8. Construct sidewalks along McCabe Road or in easement. A note that owner/developer is responsible for the installation of sidewalks shall be stated on the plan. 9. A copy of driveways permit by Harris County and Express Review Sheet must be submitted to the City. 10. The owner/developer 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. 11. This development must connect to the sanitary sewer along north of McCabe Road. 12. The owner/developer shall contribute 31.2% (approx. 50K) as proportionate cost for the construction of the south La Porte trunk sewer main, the portion of the lift station built north of the site and the portion of the off-site lift station at 8th and Little Cedar Bayou to handle both north and south developments. 13. The applicant must provide proof of funding allocation for an overall project. 14. The applicant must provide a covenant that the multi-family portion of the project remains on the City's tax rolls. Need a reference in the deed that if sold to non-profit, owner agrees not to claim tax exempt status runs with land or any other entity. 15. Proposed apartment complex must provide an area designated for accommodation of school buses, pick up/drop off sites as per LPISD's design standards. EXHIBIT D