04-16-09 Workshop Meeting of the La Porte Planning and Zoning Commission

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Preserve at Taylor Bayou May 21,2009 Page 4 of6 for the installation of sidewalks. Responsibility for construction of the sidewalks is stated on the plan. ConclusionIRecommendation: Based on the above analysis, staff believes that the current submittal has merit but requires further coordination in the areas of traffic/circulation along McCabe Road and dedication instrument for Nature Preserve. If the Commission wishes to consider approval of this Special Conditional Use Permit request, staff recommends the following conditions as a minimum be included: Nature Preserve 1. The Nature Preserve "conservation easement" ownership and responsibility for its maintenance must be established. The City and Army Corps of Engineers must approve the conservancy dedication instrument prior to any plat or site plan approval. 2. The preservation area will be dedicated to the City of La Porte or a designated land trust and converted into a conservation easement. 3. The developer shall be responsible to submit a conservation easement to the City and the Army Corps of Engineers for review and approval prior to its execution. 4. Per Department of the Army Permit No. 21774(01); Extension of Time, as a compensation for the proposed wetland impacts, an on-site area will be protected and preserved in perpetuity. The area to be preserved will consist of 17.65 acres of wetlands and 61 acres of upland forest and riparian habitat (a total of 78.65 acres). 5. The developer shall be responsible for first 5 years following the initiation of the conservation easement, noxious plants species, including Chinese tallow, cattail, and willow, will be controlled within the preservation area. These species will be controlled so that their total areal coverage will not exceed 25 percent of the total areal cover of the preservation area. 6. During first 5-year period, the developer shall be responsible for submitting annual reports to the Army Corps of Engineers documenting the vegetation cover of the noxious plant species including photographs of the preservation area. DrainageIDetention 1. The design of the detention shall be reviewed by the City and HCFCD to ensure consistency with ordinances and Taylor Bayou Watershed Plan. Permits with Army Corps of Engineers and Harris County Flood Control District must be presented to the City. 2. The developer shall be responsible to construct berms along State Highway 146 and south boundary line to avoid flooding to adjacent residential area.