12-05-1985 Regular Meeting - Laserfiche WebLink

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-2- • • Since the developers of Plainview Subdivision now wish to proceed, • several questions need be addressed by the City of La Porte regarding the approval process of the Plainview Subivision final plat. First, no tangible evidence of approval of the Plainview Subdivision final plat by the City of Lomax exists. However, even if approval by the City of Lomax could be inferred from the verbal history you referred to in your memorandum, the correspondence from the developer's engineer, and the fact that some of the proposed subdivison improvements have been constructed, said inferred approval would have expired by the terms of the City of Lomax Land Subdivision Regulations. When the developer initially requested approval of the Plainview Subdivision Plat, the developer was proceeding under the City of Lomax Land Subivision Regulations (Ord. #101 City of Lomax). Article II, Section 2, E-3 of said Subdivision Ordinance of the City of Lomax indicates: "Final approval (of a subdivision plat) will expire one year after the City Council action granting approval of any plat unless the plat has been filed for record". As noted above, even taking the latest date that the City Council of the City of Lomax could have approved the Plainview Subdivision final plat (i.e. one day before the City of La Porte and the City of Lomax consolidation, April 4, 1980) clearly more than one year has passed and clearly said plat has not been filed for record with Harris County. • Therefore, the approval of the Plainview Subdivision final plat, if it ever existed, has expired, and if the developer currently wishes to proceed with the subdivision and construction of improve- ments on said subdivision, the developer will need to reapply for approval of said subdivision under the City of La Porte's Development Ordinance (CLP Ord. #1444). Due to time constraints, this opinion letter only covers the Plainview Subdivision approval process, and does not express an opinion on any subdivisions previously approved by the former City of Lomax but never completed, the subdivison plats never executed or filed for record, subdivisions approved by the City of La Porte Planning & Zoning Commission under the guidelines and regulations contained in the City's former subdivision regulations, or any com- bination of same. As time permits, these topics will be addressed in complete fashion under seperate cover and submitted for your approval and the approval of the City of La Porte Planning & Zoning Commission . Resp~ctf~,il,~l.y Submitted, ~~~~~~ John A trong ant City Attorney JDA:kg