07-20-1995 Regular Meeting of the La Porte Planning and Zoning Commission

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• • r~ Staff Report Minor Subdivision Plat November 2, 1995 Fairmont Park East Commercial Subdivision #2 The Fairmont Park East Commercial Subdivision is an approximately 0.8060 acre, single lot subdivision. It is locaxed in the 10600 block of West Fairmont Parkway. Staff; using Appendix D of Development Ordinance 1444 as a guide, has reviewed this plat and found it to comply with all applicable City requirements. A reduced scale copy of the plat is attached and identified as Exhibit A. A checklist detailing the issues considered during review is attached and follows this report. Section 4.04 of the Development Ordinance requires covenants to be submitted in conjunction with the Final Plats. The purpose of these covenants is to create "an association of lot owners charged with promoting recreation, health, safety and welfare...[providing] improvements and maintenance of any common areas, compensating open space, private streets, alleys or parking areas. The association shall be empowered to levy assessments to be used exclusively in the enforcement of the covenant.. " This is a single lot subdivision with a single owner. There are no private streets, alleys or common open spaces. As a commercial subdivision, there is no need for recreational facilities. With a single owner there is no need or means for establishing an owner's • association. There is no need or means for the levy of assessments. Based on these considerations, staff would request and recommend that the Commission waive the requirement for subdivision covenants. Development Ordinance Section 4.04.B requires that following review, the Commission take one of the following actions: Approve the Final Plat as filed; Disapprove the Final Plat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statements is signed by the Chairman of the Planning and Zoning Commission. Staff; as noted, finds this plat to comply with applicable City Ordinance and therefore recommends approval.