12-15-1994 Regular Meeting of the La Porte Planning and Zoning Commission

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• • U Covenants: As required by Development Ordinance, Section 4.04, subdivision covenants have been submitted for review by the City Attorney's office. The covenants have been found to be in compliance with applicable provisions of state law and City ordinance. A copy of the subdivision covenants is on file with the City's Planning Department and is available for review on request. Plat Rec.~irements: Based on the facts that all infrastructure already exists and that the overall subdivision plan was reviewed and approved by the Commission in 1982, staff feels that the Preliminary and Final reviews can be combined. Staff, using Development Ordinance Appendix D as a guide, has reviewed this submittal accordingly. In reviewing Preliminary Plat requirements, staff has found compliance on all but one item. Building lines have not been plotted. These should be added prior to the plat being released for recordation. A checklist of Preliminary Plat items reviewed by staff is attached and follows this report. In reviewing Final Plat requirements, staff again found compliance on all but one item. Paragraph #4 of the Owner's Acknowledgement reads "Further, all property subdivided ... shall be restricted in its use, which restrictions shall run with the title to the property and shall be enforceable at the option of the City of I.a Porte, any citizen thereof, or any property owner in said subdivision." This language would have the effect of charging the City with enforcement of subdivision deed restrictions. The City of La Porte does not enforce nor is it empowered to enforce private deed restrictions. Prior to being released for recordation, the phrase "the City of La Porte, any citizen thereof' should be stricken from the plat. A checklist of Final Plat items reviewed is attached and follows this report. A final item to consider is payment of money in lieu of parkland dedication. As noted on the Zoning Issues and Final Plat Checklists, the developer must pay the City in lieu of dedicating land for public park facilities. This is in accordance with the provisions of Section 12.00 of the Development Ordinance. An assessment of $175 per dwelling unit must be paid to the City. Based on 20 units, a total assessment of $3,500 will be due. Woods on the Bay is located in City Park Zone #9. Under the terms of Section 12.00, the money paid to the City will be placed in a special escrow account. Use of the money will be restricted to acquisition or improvements to public park facilities located in Park Zone #9. •