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HomeMy WebLinkAboutO-1985-1444A-F I U au.t;( I I I I I I I I I I I I I I I I I I ....,. -..y' ~ """'::r'" -yo -f ~ '- I~.. . .._..-:-~:.~.$~~.o( 'I... . .0: .~J:':......... ......:'-o...:;...~~~..:r":~.:a,"....,.~- ,,\~.'. '.:-~..~~ ~!'I...-~.:......t.......c-:.......,,.~'~....( ,"=-",,: ':'l~~~..:;;::. ~.:::.",.:..... .....1.&~.!:J..... ~r..._.~~.':..... -:.: ~ ..~.r... -;i'.-:! ..:- c,;;. ';:-.:\~.~~':'~/'::'~":.ooCt.i-"k"~' .- ~,~-:j:"... . ..~.~..:! ~ ":(:\;:':,;s.:,.:~ ;:::l::..!%i~:'i . .\.,;):)~~ ....i~ii-.' "\.::~2.~<.:,~'i-"""~ ::.,TIo...it.w~~ ~~~~. 1~~tG~:.;r;:t::~l~~~~~.;:r~:~: ~t~!~~gf.~~~~i~~1~~~~tI1~ .~.., "-:~:.~_"'''''::'..'.-:''I~,,,,,'''.(,_.'':''J''~'''' ~:\.~\..~:': ..:,.... ~.~~:~:~~::~~~:~:;~~~;::;:~: ;5~~:~--'.r:;~;~;~~? ~..~:tl:"~.<-"::.~: t.:::;-.:i~~ ::l~:~. ~'J:"'.r:-:;;;..'11-r..-.;;~:ff .~..:": '':\::; .AfJ~lt~IIIIJl~ .........- ~:Sr...:--:~:~~ ..' '.::r.:.~~,..~"..:.:~,.~:':rrt~.\;:::-iit:;t... ..A~~ ~:1~*~" .~;;}~~:ilE~~;:~:;1~5}~~~~~~~: r ~~;&. ~t;l".~~ ",,,",~::..'S..i::'Z,-:....:;:.:t'A. *t:....,....~~:.:-'.~I\'t. .......;O._~ ,..."..,... '., oW .......~I :--....;...... .,' \-:~ .-. ...t.~....r.:~ ........,.,...... ..-,t::.~J"I_ .~.~~.';ra]J.. ,':::.:l;",;.,,,::".;;...=::a~.. "..,.....)n.-:..;;;~.:-:.: ~ ....~,i'1.'j;t-~i:),~~.;::-....... .~~~)'~:..:.'ft.;IJ.::t.,~il;"'J:.::~ ~r.:.::s.::::'~.a: .." it .....i!\~~"::..~..;:',:~.:::.z.;~.,,~"'o;::OlI(::.~..,, ...:..,,;...~::~.,.....,:...,.......~":. ..i$:~:J~' ..~ft~~~~r1i~;~i~~~tjffifEi$j:4~.~~;'70~.~~B'J~~ LA PORTE ..~~~~!i:\:.'::-C.!1;'~I"'. . ...,:....;[~~~:.r~~..:~~....~~..r:-;~~:-~~:-:.~t.;::l~: ~\!\~:.;ir~~i~j~~1:!.;~:. '?~~.~~~~:;::f.;,t.~.'f.~5'~:;t~:;.~j.4~\~~~ ..~r~1ifl!~i.:o~jt-"1:-. ~~~~~tSi';?:.i~~\~~~~j~~~{ji?::~~7.~ .:~!~,.~~;.:i,~~~!..~J~::~lt",~~~~"s~~~f~.:.~;:.;:;~~',;:"~~~~f";,::.~~~t~~1::.t.::..' DEVELOPMENT ..~~~J~~:.:!.i~::a:.-i~J.:~:-::'~~.~~~.::1i.~.~~S!J.~ ::~~r;~:~!~.G.;~~!....:~~;'::~':,!-.;t~i,':S~~:.:!t;r.~:' ..i~~i:~:;~~:..~~~i~"j~~r:r~~tt~~r.~~~r;';:=::'t;~1::"?~l~~:t~x~~~~~;~~ ~ii..<~....-:..~'::.i~j:z~~.:'~.~~~~~7J.~r~~~~..:~~~~:G:l'-a!.::-~~~.~1!::~':",~;;~~~,y~.::;,~~.~;:t~i:o~:: _..1:....1::."'J.!.........:~.-::.~~"':~!~!M' 'k...~.:....oo;.":':...::~.~.;..<........ ~o:.:.. ...-~~..;J~....~: 1..'C."'!:'.~(':~..~(Jd... ,".~-:.a'..: '!. :.-... .. ...,~.... ...:.._..'\_...~...._.r........~ '.~ :...:...:'.:.............A...,,;.~......,.41..:_I.._..........":'O...I....~._":I,,:.:...,..~...............""'" ORDINANC~ ,.=~~~~l~~f..~~~:Wk.~~~~;~~~~S!ztJ.~tf.~i~~~k~~~~~r~::...~~.f~~ .:::..~t-,;~-\""", ...~ .,::r;~~:::;~AT~e:...~.:'...~~~1-..:::.~iO::~;:Q;.c;.~~~.:1.~....;.......:.t~ :...~:.:.......""~ .,.car;;~::.:.:i ~.., _ ,~ .i:.u.....;=:C'.:~.:".......:-~!:...:..-...''i.....:''r-..~ "~I'~ ;...r''''i"I.~--:;--...;...-'t....'':':.~... ..-:-.r;,~ :t.: .....:o~....,r..:o.....~.. -............. ~e. e;~-'. f\\..b~~.":':':'l'::07 .It-.....l.....,:I..J:"'.~~........_..io1i...~...~. ~.,.._.....::."'". ....i[~..~~~e~~~; .;.;~~~:.,.R~~::S-~~~~l~~.:~~~~~~~S!~~~l\~~~~:.~~~~:i~~.~~~~~ . ' . . . .r _.n." .' ..... .... .......... ........~.~4'... . -. .._.'.' -.U.'. .... " 1';<';~~c~~~llfi!~~:::~:~:::c:~Wi~:f:~~~~~!fJ![~~~~;~ . . , ..... . I I I I I I I I I I I I I I I I I I -4_ .... ".': . - ',... .. . . -.... . . . . - , , ,. .'. .... . ..-::.' May 6, 1985 Mayor Malone and City of La Porte P.O. Box 1115 La Porte, Texas Councilpersons 77571 RE: Proposed Development Ordinance Dear Mayor Malone and Councilpersons: The La Porte Planning and Zoning Commission is pleased with this letter the final draft of the proposed City Ordinance for your consideration and adoption. The formally approved this document April 25. to forward Development Commission The Commission began review of this ordinance last October and was careful to make sure that the Ordinance A. provides the appropriate. level of development regulation to permit the City to maintain the integrity of its new Comprehensive Plan; B. modernizes development regulation in the City replacing the 1964 Subdivision Ordinance with ordinance which updates the subdivision regulations incorporates the Site Plan requirements used by the for several years; . by an and City C. clearly guides developers through the City's process for review and approval of proposed dev6lopments. The Commission .reviewed the ordinance over a dozen or more open meetings and solicited detailed comment from a number of citizens from the local development community, as well as from our consultants. Their comments have been carefully considered and are reflected in the draft you now have before you. .. . . .. .. 1?;[~~j;~,~:~,::~~~:~:::~r!~~:tf,~~~%~~!~~;gi1%!f~'~'~~t~ I I I I I I I I I I I I I I I I I I Page Two May 6, 1985 , RE:. Proposed Development Ord inance Please study the ordinance carefully, and schedule a workshop meeting to review the ordinance at your earliest convenience. If Council so desires, I will gladly attend the meeting devoted to review of thii ordi ceo ,. j . . . -..,... .'. ... :...'. .,.. '0 '. . . .u' . 'l... L.._. .- /';:~tr;-e~_r.~~ ~: :_'yo~ r s ..,..., '."', ~.~;::'" .. : ,:, :'.. , ~"', .. ~,' .. \.---i:;;I -.. ., DOUg~~F. Latimer, Jr. ' Chai~:~, Planning & Zoning Commission D L/ t 1 a xc: Planning & Zoning Commission Jack Owen, City Manager John Joerns, Director of Community Development Bob Speake, City Engineer David Paulissen, Chief Building Official John Armstrong, Assistant City Attorney .- ., p' -- . ... .. . -~-::,:";":-.:"':: ~";..'.~:~:-...:::. ,*:,"",:,..:~.~.... ,. -:. I I I 1 ,., _ July 3, 1985 I~;~~ " . ..'..~;i:;-d;;;..,.,':~~At~-.the.;. me.et,tng,:,.of:,:,~.uije. .1.0,. .,1985, . the. La n.:'Porte ,:: Ci t Y.,..., Counc il.,.. . I '.app'roved . Ordinance ,""N'o. 1444, commonly referred to 'as the City of La Porte Development Ordinance. The Development Ordinance ,establishes, ,a modern r~view process for proposed subdivisions.\and I.-other developments within La Porte's jurisdiction. The passage of Ordinance No. 1444 further signals a commitment by the Planning Zoning Commission and City Council to long-range planning and reflects the City's desire to better serve the community by 1 updating ordinances and policies that are no longer responsive to the ci~izens needs. I 1 I, I 1 I I I I I . ... . .,. p . ... ...... . ... ;- - p.- ....-...:..:::: :::;':':'--=. .: ... .: .' _. _. _.0_" . P.O. . .._..n _.. . . . .: .. :.: ---. ..: .:. .:.-:.... -. .....:~.:. --._.. . ..., . . r. -.. ~-... ". -. - . .~.: .. ....-...-......- ...... ':"..-. , . ......;:; ... ... P ....._ . .... ~ . ':'" . : .. .'._ . o. - .......-.. . Purchase of the Development Ordinance from th~ City of La Porte will result 1n the delivery of a registe'red copy of the Ordinance. Owners of registered copies will automatically receive subsequent amendments to the Ordinance at a nominal charge. Copies of the Development Ordinance may be purchased from the City of La Porte, Department of Community Development. The prLce for a registered copy of Ordinance No. 1444 has been set at $25.00 per copy. We feel that the Development Ordinance 1s a significant step in our efforts to furnish quality services for our community as well as providing guidance for coordinated and harmonious development which best promotes' health, safety, order, convenience, a better quality of life, and the general welfare of the citizens of La Porte. Community Development JJ/tla i~~:~~,_::::~~r:~::!:,:~;~~~~~{;~~~~5~~~~rwI~;~~~i[~~ I ORDINANC~ NO. 1444 ' I I AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTI!'i1G OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY Of' LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISIJICTION Of' THE CITY OF LA PORTE; RETAINING THE RIGHT AND POWER Of' THE CITY OF LA PORTE TO EXCLUDE LAND IN INDUSTRIAL DISTRICTS FROM THE TERMS, CONDITIONS, AND An'ECTS Of' THIS ORDINANCE, AND REQUIRING PLATS AND REPL.~.TS TO CONFORM TO SUCH RULES AND REGULATIONS IN ORDER TO PROCURE THE APPROVAL OF THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; FURTHER PROVIDING THAT EVERY PERSON, FIRM, ASSOCIATION, OR CORPORATION OWNING ANY TRACT OF LAND WITHIN THE '. .. ,., .:" :__ <;ITY:-LIMITS:: OF THE, "CITY OF LA PORTE. \~HO MAY HEREAFTER ENGAGE IN ';:,-:: ..":~,~,..:::;';::':'~;:fjEV.EiDpMENT",;AS DEFINED:: itij"",SAi:O,'ORDINANCF.: OF ANY TRACT OF. LAND OF ,,:"~.' ','. ,'"_,,::,, .;:,>FAiU".A:ODITION TO SAID" CITY~ SHALL DEVELOP SAID LAND, 'ONLY' ACCORDING '. ", ' ' ~":"~:""'TO:'I:.HE~:PROVIlHONS-"OF" THIS' ORDINANCE; PROVIDING A, SEVERABILITY CLAUSE; REPEALING CITY OF LA PORTE ORDINANCE NO. 70S, TOGETHER WITH AMENDMENT "TO SAID' CITY OF LA PORTE ORDINANCE NO. 70S-A THROUGH 70s-K, INCLUSIVE;, ,PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00, IHTH EACH DAY ANY VIOLATION OF THIS ORDINANCE SHALL CONTINUe CONSTITUTING A SEPARATE VIOLATION; PROVIDING AN EFFECTIVE DATE HeR~OFJ AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAI4; I I I I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: I Section 1. The Development Ordinance of the City of La Porte, together ....ith the 'Appendices and Enclosures thereto, which are attached to this Ordinance as Exhibit "An, and are fully in- I corporated by reference herein, is hereby adopted. Section 2. If any section, sentence, phrase, clause, or I any pa~t of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and I it is hereby declared to be the intention of this City Council I to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared I invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. I Specifically, Ordinance No. 70S, together with Amendments to Ordinance No. 70S A through K, inclusive~ of said Ordinance is expressly repealed. I I I I ~ .0____..0___._ .__. ~_"a_._O'.''''._ '. .a. ._,. __n"~_. -.." 0 ". "." _ ~...., .... .. .." &.- -.- a - ... ... .:-".':'"~"'"..-.~' . ....: ..~. i;;;~::~::::::;~~g;:~!-~~~~E~~~~~~~~j~~ I I ORDI~ANCE NO. 1444 Pag e 2 I Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this I ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be._,~_~~~~~~__~~_..~,,;_i~_~ nQ,t; ~o ex~eed Two HU~dJ:"ed_ , , , _ ,:';\:~::~~Z;-t;;>>' '~.::.: :-~9il'~~:~ :(.$26'()~ 00';.. E.ac~-' d.a~ _ any' violation of th'i~ --~~d i~a-n~-~"'-._- ,.., ---- I shall continue shall constitute a separate violation. Section 5. This Ordinance shall be ,effective fourteen I (14) days after its passage and approval. The City Secretary shall give not,ice of the passage of this ordinance by causing I the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. I Section 6. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice I of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public I at the City Hall of the City for the time required by law preceding this meeting, as required by the Open ~Ieetings Law, I Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the publ ic' as required by I law at all times during which this ore! inance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and I confirms such written notice and the contents and posting thereof. I Pl>,.SSED AND APPROVED this the If -::J.day of ~) ~L1C_"-"'.' 1985. / CITY OF LA PORTE I BY) l.t7J..~,..r. >- k,~/ ~ ~ ~orman Malone, Maydr c' . .... I I I 4';:;:~~:':7'ft!~:~;;~,;~~~g~1it::'f~~":!~:;~~ I I ORDINANCE NO. 1444 Pag e 3 I ATTEST:, I =.:;',''';:~:~:~-:~::~,~~&&./l;~.: ftt&,~.IS;,:' :;:~. , ~ Cherie'Black~ City Secretary I I I I I I I I I I I I I I ,::}~,~~~;~;~~~', . '.:;"~~~.~;;:~.:;';:~~~~~~~i~~t~~~~i~,,~#~ LA' PORTE DEVELOPMENT ORDINANCE ,. ' .".:~---, ,.,--..-- I I I I I I I I I I I I I I I I I I Sect ion Contents Pag es TABLE OF CONTENTS i ,1:.,9.P.c '. ,'_ :,.., GENE~L: . . .,.. .":'-~:.: :.~~;. -:=::-.~.~:~~. \:~:~~:~~:~~.'~":" :-'.. ",. 2:.: qo~: ._:,~:,' ", ','::.. DErI~I'r.IqNs 1 ... .... :. ......~. ~..___..:.-:__._._...___. ..:....:..--;: ;''';00'' - '1..., 3.00 4.00 PURPOSE, 'AUTHORITY AND JURISDICTION 14 SKETCH PLANS 17 4.01 GENERAL PLANS 18 4.02 SUBDIVISION PLATS 21 21 4.03 4.04 4.05 4.06 4.07 PRELIMINARY PLATS FINAL PLATS 23 VACATION OF RECORDED SUBDIVISION PLATS 28 AMENDING RECORDED SUBDIVISION PLATS 28 REPLATTING RECORDED SUBDIVSION PLATS 29 4.08 DEVELOPMENT SITE PLANS 30 4.09 4.10 MAJOR DEVELOPMENT SITE PLANS 31 MINOR DEVELOPMENT SITE PLANS 33 5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND DEVELOPMENTS 37 5.01 GENERAL STREET STANDARDS 39 42 5.02 SIDEWALKS -i- i;;~i;~tJ~i:~:~r~~~~;;~~~t~~~~c~~;~~-'f~~~f~~~i':~~ I I I I I I I I I I I I I I I I I I LA PORTE DEVELOPMENT ORDINANCE TABLE OF CONTENTS Sect ion Contents pag es , . -... ... '42 44 45 48 50 51 52 52 53 53 54 54 54 55 .'.: :'.~ .- ..;. ~ _,' _. ._. _ .... . M ". . . , . 5~0.3: , LOTS' 5.04 5.05 6.00 7.00 8.00 BUILDING LINES EASEMENTS SURVEY REQUIREMENTS PUBLIC IMPROVEMENTS REIMBURSEMENT FOR OVERSIZING 9.00 10.00 11. 00 RECORD DRAWINGS FEES AND CHARGES ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS 11.01 11. 02 STREETS AND ALLEYS DRAINAGE AND STORM SEWERS 11. 03 WATER AND SEWER SYSTEMS 11. 04 12.00 STREET LIGHTING OPEN SPACE WITHIN SUBDIVISIONS AND DEVELOPMENTS/PARKS AND PARKLAND DEDICATION/SPECIAL USE SITES VARIANCES 62 13.00 -ii- '~j"~1~~j~~~~~~~~!Ii~~~;~~1~~~~~r;0\-~~T~~:~~?~E~~' . . . .. , - , I I I I I I I I I I I I I I I I I I APPENDIX 'A ENCLOSURE 1 APPENDIX B APPENDIX C APPENDICES LA PORTE DEVELOPMENT APPROVAL PROCESS DEVELOPMENT FLOW CHART SKETCH PLANS GENERAL PLANS .A~P~_N!?IX. p.,. .'.. S.UB_D.~.Y~S ION PLATS ._;~:.:~': ~,>~'Nci;o's:PRi'l: :~..~..:'"' ','~- : OYl~,Ei' S A'cKNQWLEDGt;:MENT LIENHOLDERS SUBORDINATION AGREEMENT ENCLOSURE 2 ENCLOSURE 3 ENCLOSURE 4 ENCLOSURE 5 ENCLOSURE 6 ENCLOSURE 7 ENCLOSURE 8 APPENDIX E ENCLOSURE 1 ENCLOSURE 2 ENCLOSURE 3 APPENDIX F ENCLOSURE 1 ENCLOSURE 2 ENCLOSURE 3 ENCLOSURE 4 ENCLOSURE 5 ENCLOSURE 6 APPROVING AUTHORITY CERTIFICATE AMENDING PLAT CERTIFICATES VACATION OF SUBDIVISION PLATS COUNTY CLERK FILING STATEMENT RETURN MAP AGREEMENT SPECIAL PLAT STATEMENTS DEVELOPMENT SITE PLAN OWNER'S CERTIFICATE APPROVING AUTHORITY CERTIFICATE SPECIAL PLAT STATEMENTS ADDITIONAL DOCUMENTATION, STANDARDS, CER- TIFICATES, AND INSTRUCTIONS TITLE CERTIFICATE INFORMATION NOTARY PUBLIC ACKNOWLEDGEMENT PLAT (SITE PLAN) ACCURACY CERTIFICATE FINAL SURVEY CERTIFICATE GRAPHIC SYMBOLS GEOMETRIC STANDARDS -iii- .c_--'~!t~1r:;;::t_.~~~~~~~iI~iJ;~;;~lJ[&7':-_-~~}l-W:~ I I I I I I I I I I I I I I I I I I 1.00 GENERAL These regulations shall govern every person, firm, asso- ciation or corporation owning any tract of land within the City limits of the City of La Porte and within its extra- territorial jurisdiction who may hereafter subdivide or engage in development as hereinafter def ined . :"..:~',:.-">.~:~.._:, ;-:'., ':;'ci,~<:':'~:~nd~,.:'6f-:~..~.iiY'.'-'adai~ion' to said' City prc:>vided, . ."." :r..: ..~':'._'l'"_.:.,U . '. :.. .":'_ . '..~;:":".' .,,~ ;iha:{ 'tJ~-e"'.':: c'ity' .~t.. La Porte hereby excludes any tract how ever,' from the terms, conditions, and effects of this Ordinance and all amendments hereto, land included within the boundaries of any Industrial District or Districts within the Extra- territorial Jurisdiction of the City of La Porte that currently exist or may be hereafter created by the City of La Porte under the terms of Article 970a and amendm'ents thereto of the Revised Civil Statutes of~ the State, of T exa s . 2.00 DEFINITIONS For the purpose of this Ordinance the following various terms, phrases and words, will have the meaning ascribed to them herein. When not inconsistent with the context, words used in the present tense include the future; words used in the singular include the plural; words used in the plural include the singular; "shall" is mandatory; and "may" is permissive. Any office referred to herein by title will include the person employed or appointed for that position or his duly authorized deputy or representative. 1</:_~~~~;;~~!!~~~f"-::~;j+i]j~~s~J:FC~E=--1?:-i-!7~s! I I I I I I I I I I I I I I I I I I Terms, phrases or words not expressly def ined herein are to be considered in accordance with customary usage. 2.01 AGRICULTURAL USE: Any activity related to the cultivation of the soil, the producing of crops to human food, animal feed or planting seed or for the production of fibers; -':.':",:-,:"':~~':';.":-':";";-'~:~':~ld~~\?~~-,tu~ei~ vi t 'icu~ ture' or 'hort ~C~l ture," ra is ing or... -'.,. ... .0;'" - "... .......---. ,"-.--~." '~.' . ~.- '.. -.....~ - .., .. ',.'" ,,'..., keeping6f'l'ivesto'ck; 'and planting cover crops' or leaving land idle for 'the purpose of participating in any govern- mental program or recognized, normal crop or livestock rotation procedure. A residential unit and related out- buildings located solely for one or more of the purposes described in the preceding sentence shall be deemed an agricul t.u ral use. 2.02 ALLEY: A public right-of-way which is used for utility' installation or for secondary access to individual pro- perties which have t~eir primary access from an adjacent public street or an approved common or compensating open space or court yard which has direct access to a publ ic street. 2.03 APPROVING AUTHORITY: The City official or commission having authority to sign plats or plans signifying City approval of said plats or plans. For Minor Developments, the Approving Authority is the Director. For all other developments or subdivisions, the Approving Authority is the Planning and Zoning Commission. 2.04 ARTICLE 970a: A general law of the State of Texas found f;~~~~ I I I I I I I I I I I I I I I I I I 2.05 '''''r --- ..- -._.:-2'~-96-,' 2.07 2.08 2.09 2.10 2.11 ,at Acts 1963 General Laws Ch. 160, as it may be from time to time amended. ARTICLE 974a: A general law of the State of Texas found at Acts 1927 General Laws, Ch. 231, as it may be from 'time to time amended. . _. . ,~... ."." '" . . .. BUILDING,:"SETBACK LINE:, '_ ~l?~~, line thqt is t;~e required . _..- . - -. minimum distance' from the street right-:of-way line or easement line or any other lot line that establishes the area within which any structure must be erected or placed. BLOCK: An identified tract or parcel of land established within a subdivision surrounded by a street or a com- bination of streets and other physical features and which may be further subdivided' into individual lots or reserves. BUILDING PERMIT: A permit for improvements granted by the Chief Building Official under the provisions of the City Building Code, currently in force and effect; save and except improvements of less than $100.00 valuation. AS used herein, improvement shall include the construc- tion, enlargement, alteration, repair, removal, or con- version of a building or structure. CHIEF BUILDING OFFICIAL: The City officer or other de- signated authority charged with the administration and enforcement of the City Building Code, or his authorized representative. CITY: The City of La Porte, Texas. CITY COUNCIL: The City Council of the City. 1-'.~'1I~J~~~~~~~~~;}~~;2;S~;'~~'~;1r#(~~~~~=;:~/~=i"";:;1;:f~ , ' I I I I I I I I I I I I I I I I I I 2.12 CITY SECRETARY: That person holding the office of City Se- cretary under the terms of the La Porte Charter, or her/his designated representative. 2.13 COMMISSION: The Planning and Zoning Commission of the City. : _... ':0" .:',,:".~-....... ._~..:..,.::.:..:_~~..~ .:.J...._~:...-1...:....; n:"~__'" ..;::...~.. " ...... ,..:,: ..:.. ..... '_/.;~.~~..:__~_. .~~.~:' ".:COMPENSATING ,OPEN ,Sl>ACE:" Those are'~s' d'esign,ated' on a plat : . _..:."_.~::."'..,: ;_~1''':''''''';.::''''-:..:..~: .....': . . .:. --.-:'..: . .::':." . .....----.- ..' . or 'plari which are. restricted from development, except for landscaping an~ recreational uses and which all owners of residential properties within the plat have a common legal interest or which are retained in private ownership and restricted from development, except for landscaping and recreational uses, for the exclusive use of all owners of residential property within the plat, and such designation shall remain in effect until the plat is vacated or the tract is replatted. The terms compensating open space, common open space, common property and common area may be used interchangeably and may be considered as similar. 2.15 COMPREHENSIVE PLAN: A long-range plan, adopted by the Counc iI, wh ich is intend ed to gu ide the d ev e10pment of the City that includes analysis, recommendations and proposals for the community's population, economy, hous- ing, transportation, community facilities and infrastruc- ture. 2.16 COUNTY: Harris County, Texas 2.17 DEPARTMENT: The Community Development Department of the City of La Porte. . -" - . ~~~~~~2~b I I I I I I I I I I I I I I I I I I 2.18 DEVELOPER: The legal or beneficial owner or owners of a lot or any land included in a proposed development in- cluding the holder of an option or contract to purchase, or other persons having property interests in such land. 2.19 DEVELOPMENT: The process of converting land within the _ ~~"2:::.:~..~~~::::~~::;,~~~l,~.r:,~,':'Fi"~~';;~~,~ J'~'d.:s.~t~t:(fo.ri '..- t~bin its. na tu rai sta t e', or its ex ist ing , .'._ .,.0:'.... " "_',:..._.~~.,.'...~ ....:. ".:::-: .:..:.._:;.~- = "... 0.. . u:sag e to res'id ent iaf,:-'commerc lal or industrial uses. This def,inition encompasses any 'and all physical changes to the land not regulated through the City Building Code inherent in such conversions. The term development in- c1udes subdivisions as defined herein. 2.20 DEVELOPMENT AUTHORIZATON: A document issued by the Depart- ment for the development of land within the City juris- diction. A Development Authorization is issued after,final approval of a Subdivision Plat or Development Site Plan by the City Approving Authority, and authorizes the construction of improvements not regulated by the City Building Code. 2.21 DEVELOPMENT, MAJOR: Any development not a Minor Develop- mente 2.22 DEVELOPMENT, MINOR: Any project or development that in- volves no more than ten (10) acres of land and the total square footage of all buildings on the site does not exceed 150,000 square feet and requires no change to the City's Comprehensive Plan. 2.23 DIRECTOR: The City Director of Community Development or his designated representative. . .. . . . ~.- ..., ." '.}:;~~li~f~If~~~~~~~T~-;-~;_ci:S~:~~:;:?C"::;~~._~-- ~-~:-?-:<~,;~ I I I I I I I I I I I I I I I I I I 2.24 DWELLING UNIT: A single unit providing complete, in- dependent living facilities for one or more persons in- eluding permanent provisions for living, sleeping, eating, cooking, and sanitation. 2.25 EASEMENT: A right given by the owner of a parcel of land . ",:",:' ;:\<~~:,j>>\,_, ~-~,\lrio'~~'~r:':;::P~~'$~'-ri-'r :.~p~bi ~'c ,ag ent ,- or private 'corporati'on ":' ,--"",:-,".:- ,...";~~.:f;~.. sp~c"{iic- ':~~d-"i{~ite~'; ~~e of that' parcei~ 2.26 'EXTRATERRITORIAL JURISDICTION: The unincorporated terri- tory beyond the City limits of the City established by the authority of Article 970a and 974a. 2.27 FILING DATE: The date when a Development Site Plan, General Plan, or a Subdivision Plat is formally presented to the Approving Authority for its approval and registered as a part of the Approving Authority official records. 2.28 FLOOD HAZARD AREA: Those areas of the'City designated as having a greater chance of flooding from natural dis- aster such as rainstorms or hurricanes. Such areas are shown on the official flood insurance rate maps (FIRM), adopted by Council. 2.29 FLOOD HAZARD PREVENTION ORDINANCE: The City Ordinance, adopted by the Council, which defines the flood hazard areas of the Ci ty, and regulates land development more restrictively within such areas, by means of issuance of 1:...._~,~~~~~~~~~4~~~fg~~~-~i~,~;i~i2.;~~t~~;~?:~:~.~:: I I I I I I I I I I I I I I I I I I a special Flood Plain Development permit. 2'.30 GENERAL PLAN: A map or plat designated to illustrate the general design features and street layout of a proposed development which is proposed be platted and de- to veloped in phases. This plan, when approved by the Com- ,. m.ission, ,c::onstit~t~s a guide which the Commission should .:....~-..:.::.....~;-". ..' . "'-:'-~ ...... "-. ,. .... .- . .......-~.:.. . .. . . ,..:.,: ,~:.: .::::.;..i,:.. '~.:;~~.:~'~f:~~'~t~:',..i~. ...,',t;~,;':,~..~'~~~.~q,~~~~.'.r~~ i.ew of Subd iv ision Plats or Development Site that cover portions the of Plans land contained within General Plan and adj acent the property. 2.31 HARRIS COUNTY ROAD LAW: A special law of the State of Texas found in Ac t s 1 91 3 , Spec ia1 Chapter 17, as Laws, may be from time to time amended. 2.32 INDUSTRIAL DISTRICTS: That land within the extraterrito,rial jurisdiction of the City of La Porte, and either: a. Being designated as the "Battleground Industrial Dis- trict of La Porte, Texas" in Ordinance 729, passed by the City Council of the City of La Porte; or b. Being designated as the "Bay Port Industrial District of La Port e" , in Ordinance 842, passed by the City Council of the City of La Porte. 2.33 LOT: An undivided tract or parcel of land contained with- in a block or designated on a Subdivision Plat by numerical id ent if icat ion. 2.34 MOBILE HOME PARK: An unsubdivided development divided in- to mobile home sites for rent and for the installation of mobile homes thereon. 2.35 MOBILE HOME SUBDIVISION: A subdivision divided into mobile . . -' .... .- . I ' ....~l~>)~~~ii~~~~~~~;,;tt{:t~;;:tt;~~~;;;:":')..?~:;;;~~;;;:':'::...;:'"7;;. I I I I I I I I I I I I I I I I I I 2.36 -8- home lots for sale. MOMUMENT: A fixed reference point or object located con- venient to proposed developments in La Porte for which the City or another governmental agency has determined the elevation above mean sea level and the geographic ~ :;' .~: P p,. ~.:..- _:::i'-. ~ ~ ~:s..,-:,.:.~...::....,::...~:.:. "':'-11-.: :'..E=':-.J ..~.... " '.. ~'.. .- r.-:",~;, . ..- . ',~,-':'-:;< ,:..:_\:-;~ :~_~,~. 16p~::tipn :','wi thin: :t-tle ."Tex-~~- Plane 'Coord ina te sy~tem ~ .. - .....:: . -.' .. ... . 2.,37 MONUMENT SYSTEM: A ,monument system established by the 2.38 2.39 2.40 City to provide horizontal and vertical survey control for land development in La Porte within a common frame of reference. A document describing the City Monument System is published separately. ONE-FOOT RESERVE: A strip of land one foot wide and within publ ic street right of ways and adj acent to subd iv ision reserves or adjacent acreage to prevent access to sa.id publ ic street unt il the reserve or adj acent acreage has been platted in accordance with this Ordinance. PLAN, DEVELOPMENT SITE: A site plan for unsubdivided de- velopments certified by the land owner and by a Profes- sional Engineer or Registered Public Surveyor, executed by the City Approving Authority and prepared as specified in Section 4.08 et seq. of this Ordinance. PLANNED UNIT DEVELOPMENT: A land area characterized by a unified site design which: (1) has individual building sites and provides common open spaces; and (2) is de- signed to be capable of satisfactory use and operation as a separate entity without necessarily having the 1~:~~~~$wt~~-E~:r~~~);~~o:95f:S~~~~~f<_\'.,';:;X~?Jf~="r:0:i1.:~~-'~;;ii I I I I I I I I I I I I I I I I I I -9- participation of other building sites or other common property. The ownership of the common property may be either public or private. A Planned Unit Development may include subdivisions. It may be a single Planned Unit Development as initially designed; or as expanded ._ , _..,.,',,',.,;~..,', .. .: py...,an~e~a tiqn . of. C!,dd i tion~l land area; or a group -- : .:;;z::-/ _:. ';i;n:tfii1i;;ii~ ~~a~~ ~~n it --~e~ el~p~~n ts; - ~~ separate of . . en-, tities or merged into a single consolidated entity. 2.41 PLANNING CONSULTANT: A certified land planner, Texas re- gistered professional engineer, Texas registered land surveyor, Texas registered architect, or other qualified consultant, who performs land planning services to sub- dividers or developers for a fee. 2.42 PLAN, SKETCH: A rough sketch map of a proposed subdiv:t:sion or other development of sufficient accuracy to be u,sed for the purpose of discussion and preliminary decision making, prepared in conformance with Section 4.00 et seq. of this Ordinance. 2.43 PLAT, AMENDING: A plat, previously approved by the Commission and duly recorded, which is resubmitted to the Commmission for reapproval and record ing wh ich conta ins d imensiona.l or notational corrections or erroneous information con- tained on the orig inally approved and recorded plat. An amending plat is not to be considered as a replat or re- subdivision and may not contain any changes or additions to the physical characteristics of the original subdivi- sion, but is intended only to correct errors or mis- 1-:.~{:~~=~t~~~;~~~~~~~~~~;t~0~~t~':~IT2~~2t~:I:,}~. I I I I I I I I I I I I I I I I I I calculations as allowed und er the provisions of Art. 974a, Section 5(d). 2.44 PLAT, FINAL: A map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appro- priate County records and prepared in conformance with Section 4.04 et seq. of this Ordinance. - - '"::y:,:,' -~:~r.~s:-:;:~:'<'~_LAT~:~PREt'IMI~ARY:': A ~ap6r' drawing' of a' proposeq. sub-- -'- ". . ........... .... .., .. el'ivis ion' i1lustra,t i'ng:' its d ev elopment for features re- view, prepared spec if. ied in Section 4.03 seq. et as of. this Ordinance. 2.46 PLAT, STREET DEDICATION: A map or drawing suitable for recording in the appropriate county records illustrating the location of a public street within a specific tract of land. 2.47 PUBLIC IMPROVEMENTS CRITERIA MANUAL (PICM): The set of standards set forth by the Director of Community D ev e- lopment and approved, by the City Council to determine the specific technical requirements for construction of public improvements. The manual may be acquired from the Community Development Department, and is on file in the City Secretary's Office. 2.48 RESERVE: A parcel of land within a Subdivision Plat or Development Site Plan reserved from current development. A reserve may be restricted to a special use such as drainage, recreation or common area. Reserves within subdivisions _ _ ~ _ . __ __ _. ... _.,.. _ ON" . ... ~. . _ 0 0 . .0 . ..'.. ..:~~~_~~~w~~~~r~i:m:~t:~~?~~B~:~~S~~:~~;i7~!~~c~:;}ifE"~ff I I I I I I I I I I I I I I I I I I 2~49 2.50 not restricted in use may be shown as "unrestricted". RESUBDIVISION OR REPLAT: The relocation or removal of ex- isting streets or lots by replatting as allowed under the provisions of Art. 974a. V.T.C.S. Section 5 as amended. RIGHT-OF-WAY: A strip of land acquired by reservation, de- ,dication, prescription or condemnation and used or intended ,:: :;".,..,".:~. ~ >., ~:':;~::'.;., .','~:: ':~:'. ":;,' ,.,',. ,....:', _, c ,,-, ..,' '". "f;:'> ' , ,. .',;' ' , . ~~:: :::~:--- ::--_~:.":,:-:"., ,:~..~ ,t;o:.,.be, '.'\1s.,ed., ", .~~~' -;, a" road ", ut i1 i ty, . install a t,ion, crosswal k, railroad, electric transmission lines, or other similar 2.51 2.52 2.53 2.54 2.55 2.56 use. SPECIAL USE SITES: A location shown on the Comprehensive Plan where a proposed school, park, public building or other public facility is to be located. STREETS, COLLECTOR: A street designed to serve equally the functions of access and movement. Collector stre,ets serve as links between local streets and arterials. STREET, CUL~DE-SAC: A local street having one end open to vehicular traffic and having one closed end terminated by a turnaround. STREET, LocAL: A neighborhood or minor street whose primary purpose is to provide access to abutting pro- perties. STREET~PRtMARY ARTERIAL: An expressway, freeway, or pri- mary thoroughfare whose primary function is the movement of traffic. STREET, PRIVATE: A vehicular access way, under private owner- ship and maintenance, providing access to buildings con- taining residential dwelling units without direct access I' > ..... I I I I I I I I I I I I I I I I I I . ._ _... .. .':. -:-...: : _ . _. . ...... _.~. .. ..... __. RO,,_ ~ _._. :~'... :::. ," . .'.: .. . - ~~:~~~~~'~~~~ to an approved public street right-of-way. Parking lots and private driveways within shopping centers, commercial areas and industrial developments shall not be considered as private streets. 2.57 STREET, PUBLIC: A public right-of-way, however designated, ,:.",:i' :' <. '::,~~~':~'."'::: ~~ d'e.~.~?:~~:~.:~:<?:~';~,'~:~:~ti,,~*'~a ',w,h ich prov id es '. veh icular access to " adfacent properties~;'';- ,. , 2.58 STREET, SECONDARY ARTERIAL: A primary thoroughfare whose predominant function is the movement of traff ic but wh ich provides more access than normally associated with a primary arterial. 2.59 STREET, STUB: A public street not terminated by a per- manent circular turnaround, ending adjacent to undeveloped property or acreage and intended to be extended at such time as the adjacent undeveloped property or acreage is 2.60 subdivided or developed. STREET, THOROUGHFARE: A public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and continuity throughout the com- munity and so designated on the latest edition of the City Thoroughfare Plan. 2.61 SUBDIVIDER: Any owner or authorized agent thereof, proposing to divide, or dividing, land so as to constitute a sub- division according to the terms and provisions of this Ordinance. A subdivider is further defined to be a devel- op er. . ____._~..._ . ._... _. ."" ..4__0___.... .' ..'4 .~~. .... ... .. . .. . I.'. _..3'<~~~;'1j:~~q:~;:.::~;jf~;~;":;::::::;~~::.':;-'~"",."<l.-;i::, "':'!":=;7':,;' ':":'7"':'::~;::~t:~:=:.:~:-: -13- I I I I I I I I I I I I I I I I I I 2.62 SUBDIVISION: A division of any tract of land into two (2) or more parts for the purpose of laying out any subdivision or any tract of land or any addition to the City, or for lay ing out suburban lots or bu i1d ing lots, or any lots, and streets, alleys or parts or other portions intended ,for,publi~ ~se or the use of the purchasers or owners of . .' ~. I .'~ .: .0:' . .' '. ... -' . .. ,..,.,.0.: -:.";~':_. '_=,;'."-: ;ro~'~>- f r:-on1 ing .-.:: tl:1ereo'n, or adj ac ent thereto. A "sub'division includes re-subdivision (replat) but it does not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new streets, alleys or easements of access. A sub- division is further defined to be a development. 2.63 SUBDIVISION, MAJOR: Any subdivision not classified as a minor subdivision. 2.64 SUBDIVISION, MINOR: A subdivision involving less than ten (10) acres of land, ~hich has no common area or reserves, has no adjacent stub street right of ways, and requires no change to the City's Comprehensive Plan. 2.65 SUBMITTAL DATE: The date,and time specified in this Or- dinance when plans, plats, related materials and fees must be received by the City prior to the next regular meeting of the commission in order to be considered at such meeting. The "submittal date" is not to be considered as the "filing date" as herein def ined. 2.66 TITLE CERTIFICATE (ABSTRACTOR'S CERTIFICATE, PLANNING LETTER): A certificate prepared and executed by a title company I I I I I I I I I I I I I I I I I I I .... - . - ... ... - . .. . - . . . ":~: ~~f~jl~~:.~~7.:~~:.:;~::~~-t~rt:::t:~<~~:~~~r:7::::::::~...:~S: ,:".,:-:: ' . . ..-... ., '.... --.. - .. ..-. . - -. -- . ......... '. _ ~."'_ ""'. ..._:.r. . -14- authorized to do business in the State of Texas or an attorney licensed in the State of Texas describing all encumbrances of record which affect the property together with all deeds recorded from and after the effective date of this Ordinance which shall include any part of the property included in a subdivision plat or development ,,~ ..;".::, >-: " "s"i t'epl,~il ~.'.;'\: ._> .. , " ... .' ~. .... ..-0. . 'VARIANCE: Permission granted in writing by the Commission 2.67 to depart from the literal requirements of this Ordinance. 2.68 ZONING ORDINANCE: The Zoning Ordinance of the City of La Porte, together with any amendments thereto. 3.00 PURPOSE, AUTHORITY AND JURISDICTION Under the authority of Article 974a of the Revised Civil Statutes of the State of Texas, which article is hereby made part of these regulations, the City Council of the City of La Porte does hereby adopt the following regu- lations to hereafter control the development of land within the corporate limits of the City of La Porte and in the unincorporated areas lying within the extraterri- torial jurisdiction of the City of La Porte in order to provide for the orderly development of the areas and to secure adequate provision for traffic, light, air, re- creation, transportation, water, drainage, sewage, and other facilities; provided, however, that the City of La Porte excludes from the terms, conditions and effects of ., I' I I I 1 I I I 1 1 I I I I I I I I I _ .._0_ . _'0' .~.", ._ w__...~:"__._'.' _...... ..: . -.-.' - .~ . ....':::-..:.:..-':...::"':""---.. _,', e' . :"? "'~'''':.~'~:--:~:-r'''~~.':' :~~_~~~.:~t::-::~:;..~ :..:"7.::~~.:~;-~~~"-~~".': ~ .'=..;_~-~ ~..:~:.: .~~....-:::::~~.~ -:'--:~-:.-:-~"-"""'" " '. - . ;.o.:..r.. ...... ,:,'-,:". .............:...... .;.... ;;:,-.:.;~.:. :.....-=:olI..;...:..;.....: ~.. . ...,.,~.."" ,'-":.~'.\:' . . . .. ... o. .... ". ;",", ,"; . -'. )',. .,' .;.15- this Ordinance and all amendments hereto, unsubdivided development in the extraterritorial jurisdiction of the City, and land included within the boundaries of any Industrial District or Districts that may be hereafter .'. '. - created by the City of La Porte under the terms of Article 970-a:...and:,:iiinendmen,t"s 'thereto' of the- Revisa:1 Civil Statutes. . :-- ..-...... ",'". .;- '. i: .' .-: :. '. .-". ,I ......: '.of- .the "State"" of -. Texas. It shall be' unlawful for any owner or agent of any owner of land to layout, subd,ivide, re-subdivide, plat, or replat any land within the City of La Porte or its extraterritorial jurisdiction without an ap- proved City Development Authorization. In addition, it shall be unlawful for any owner or agent of any owner of land to cause the development of any land within the cor- porate limits of the City.of La Porte, without an approved City Development Authorization. It shall be unlawful for any such owner or agent to offer for sale or sell property therein or thereby, which has not been laid out, subdivided, re-subdivided, platted, replatta:1 or developed without the approvals required in this Ordinance, subsequent to the passage of this Ordinance. 3.01 The City shall withhold all City improvements of whatso- ever nature, including the maintenance of streets and the furnishing of utilities from all subdivisions or deve1op- ments not in conformance with the provisions of this Ord inance. 3.02 No Building Permit shall be issued for the erection or . . . .:. - .... .:'.. ..... . . ':::.:"~.':,.'.,::, ,..;:~~.~~~:-~'~:~.: ':~~_~:~ ~,.~~~'~~~:':;:?'!?:~ -::'~:~l~~~t~~~fi:Y~~ff.~~~-i;;:~-~':::.., --:" -,....':.,:.~::.~.~:;::.:::'::::::>~.-<:.::>::_.. :..~:<::~'=: ~ .': ,::~~':':".:.,:,;.', ", ' I' I I I I I I I I I I I I I I I I I I -16- improvements of any building in the City's jurisdiction not located within an approved and recorded subdivision plat or within an approved Development Site Plan as defined herein. 3.03 CONFORMANCE WITH THE COMPREHENSIVE PLAN ".. ,The_Ci~y shall, under. the provisions of Article XI Section ::- ,', .. -"':-":5:~'-:~'~::'; ~h:e':' :;.i:=~~~~:.':~:: c'~'~~{ i tu t ion' an~ the prov is ions of Art icl e .4- -- ='. ...... . - -.' 970a and 974a, require that all plans or plats conform to the: A. Comprehensive Plan of the City, its streets, alleys and public utility facilities which have been laid out; and, B. The Comprehensive Plan for the extens,ion of the City, its roads, streets, public highways, ,water and sewer mains and other instrumentalities of public utilities within the City and its extraterritorial jurisdiction. 3.04 CONFORMANCE WITH ORDINANCES AND POLICIES OF THE CITY OF LA PORTE The Approving Authority shall review all plans, plats, and all accompanying documentation required in this Or- dinance, and require developer and subdivider compliance with applicable State Law, this Ordinance, the Zoning Ordinance of the City of La Porte, other applicable ordinances of the City of La Porte, and approved written policies and procedures of the City of La Porte. .j ... . ...... .. . '.. . ~::..:..:' r.!::..:..-:.:;.r.;r~.:~~{..:-:~~::~...~:.:...:. ;~;.~-:~-~~';'1::::~.' .~'. .~~.- ::'.:';~ ~~'-~:..~~:?i~"~:.~ '..~. ~:~:~~.. .::. .... .f . _. .____;, ...S"" ,. -.-..... . . t.... ..... -' -- '. ..... _. ....-... . . I" 1 I I I 1 I I I 1 I I I I I I I I I ........ "-".... '"'"I..........: . . .' #' - , ,. ,-17- 4.00 SKETCH PLANS The developer or owner of the land may choose to submit a Sketch Plan to the Director of Community Development for his formal review. The applicant should discuss with the Director the procedure for submittal and approval of Subdivision Plats or of Development Site Plans and the . . . .. . . , , .~,.. ....:::'!.:,;:;:::,::. ~,:",,:-,tlo'n's'~' of::'la'nd:~: ",st'ree't -, improvements; dra inag e,' sewag e, ii re .:=":,' ".: _>. :,' ..~-.,:t;.,eq~,~,r:~ent,s:--as-. to, the general layout of streets, reserva- protection, and similar matters, as well as the availability of existing services. The Director shall also advise the applicant, where appropria te" to discuss the proposed development or subdivision with those officials who must eventually approve these aspects of the Subdivision Plat or Development Site Plan coming within their jurisdict'ion. A. SKETCH PLANS: REQUIREMENTS AND CONTENTS (SEE APPENDIX B) For Major Subdivfsions or Developments, the developer may prepare several different schematic land plans for the same property during the Sketch Plan stage. Complete instructions'for preparing Sketch Plans for all Develop- ments or Subdivisions are contained in Appendix B. B. SKETCH PLANS: SUBMISSION The City encourages the subdivider or developer to sub- mi tone (1) copy of each Sk etch Plan and one (1) copy of the completed development checklist (available at the Department) to the Director at least two (2) weeks . .:. . .. .... . . - ,'~~;.!~~~~i:~~f;~,~~j'"~7f'~~:l";:~:".:':;~:!~~~":~'~ :';~~;t.~-::~~~"f::~!~~~:~~f~. ". ' _M.. ....... .. _.. . ...... ... I I I I I I I I I I I I I I I I I I I .' " .. ..... .. ...:--.":':..-M:-.... . . .. .. . '''., .. ._. ..... ~:.; . _00-_ ..~--;:."':'"__.:~.,..,. .... ':........"'l.:... .. -. .. . .. '.':"_'""'l. ., . .... ..-..-.:..... -.........-.. :,- . . '-. ..... 'M _..._ .. -18- prior to the date he intends to submit his first formal plan or plat. C. SKETCH PLANS: EFFECT OF SKETCH PLAN REVIEW Sketch Plan review is optional and informational in na tu re and no city approval or disapproval resul ts from ~ .:-" .:".,,'its,- rey,few'.. "'The- 'developer may . . '. ... ,. '. file a formal plan or : . .... . . . . ...... '. ',,' , ,: .' :':. " plat, regardless of the outcome of Sket'ch Plan rev i ew .' 4.01 GENERAL PLANS General Plans are required for all phased proj ects involving Major Subdivisions or Major Developments. The General Plan is to be designed to illustrate the general design features of a subdivision or development which is proposed to be developed or platted in phases or sections. This plan, when approved by the Commission, constitutes a guide which the Commission will refer to in the subsequent review of plans or plats that cover portions of the land. contained within the general overall plan and adjacent properties. Should the developer's future plans change, such changes are to be disclosed to the Department by f il ing a new Gen,eral Plan. A. GENERAL PLANS REQUIREMENTS AND SUBMISSION (SEE APPENDIX C) Five (5) copies of the General Plan, certified by the developer and planning consultants, and one (1) copy of all required documentation shall be submitted to the De- partment for review at least two (2) weeks before the date at which Commission review is requested. Complete .0 :""~':~\-,:,'Fiii~6-";:~~~:':;~::~1.:.~,:]?oE~T~~":~-~>d,:<~:,:,~::~;~~:;'::~~":~:;;~:::~::):~"~:>'-'~'-':' :,; "-~ "'~ 0" ,.~, ._,z.I..._ .. , ' I I I I I I I I I I I I I I I I I I I -19- instruction for preparing General Plans are contained in Appendix C. B. GENERAL PLANS: ACTION BY THE APPROVING AUTHORITY All General Plans require final approval from the Commission. Following review of the General Plan, the Commission shall, '"_ ::':::':":,';-"':",~wor~h'i~:thirty" (30r'c'al'endar daY's of the filing,date, take - '. - ..~. . :. .".. '. _. ,n. .:. .::. :: .:. .... .". one of the following" actions; 1. Approve the General Plan as filed; 2. Conditionally approve the General Plan as filed, pro- v ided, the reasons for such cond i tiona1 approval are stated in writing and a copy of the statement is signed by the Chairman of the Planning Commission. 3. Disapprove the General Plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning Commission. Commission action shall be noted on three (3) copies of the General Plan, which shall be distributed to the de- ve1oper, Department, and official files of the Commission. Unless stipulation for additional time is agreed to by the developer, the failure of the Planning Commission to act within thirty (30) days from the date of the ,filing of the plan by the developer will cause the plan to be deemed approved . 1 ", .". ...;'~;~~::.i" ~~::~~~ ;~;;~~.~:.;.:;.. "~~ ..:;:' '~~::'~~~~'~;::"!:L.~.!~~t.~~~.:.~ . ,.- ... .. . . :~~:~~;:'-='-:;~.~::3=';~~~'-':.'::-:-,,~ ~::~ . . "," . - ". . _......_ . . - - ._M'_ .- .;-:-~: -": ~_.-'- ,::-'_:~'~'~:':...--~~: ..;.: .::..-.-~.:.- -20- I I C. GENERAL PLANS: EFFECT OF APPROVING AUTHORITY ACTION 1. Approval: Commission approval of the General Plan author- izes the developer to file a Preliminary Subdivision . Plat or a Development Site Plan. 2. Conditional Approval: Commission conditional approval re- - quires submission of an amended General Plan and addi- ,: -,._;,,~.::,~~~,~,,:~":-f:~~:::~-<~~:':~';~;~io~'al:-~Ocu~'en'tat.ion as: specified, by -the Planning Com- ~<..' .. - .~:..- ".:. .... . "~iss'ion "fo'r' - final Commission approval; which may be f il ed concurrently with the next Prel iminary Plat or - Development Site Plan, as the case may be. - 3. Disapproval: Commission disapproval of a General Plan requires submission of a new General Plan. - D. OFFICIAL GENERAL PLAN - The orig inal approved mylar of the Gen.eral Plan, signed - by the developer and planning consul tant, shall be re- ta ined by the Department in the off ic ial f il es of the - Commission. No subsequent plan or plat will be approved unt il the orig ina1 mylar has been del i vered to the d epa rt- - mente In the event the developer or subdivider fails to - file a Preliminary Plat or Development Site Plan within one year of Commission approval of the General Plan, - approval of said General Plan shall terminate upon written notice to the subdivider, developer, or owner. The de- - veloper, subdivider, or owner may request in writing a - one year extension specifying the reason why a Preliminary Plat or Development Site Plan has not been filed. - . I I I I I . . . .. . -~.. . '. . ,- '''''':i=-' ":f::"-::~:'~:::f~:?::=r:-;~::::;:~.~~'~':'::;:::~~~-7~:~:'.:~':~:~-~'t::~~:~:'::::"~~~-"-.::::'~'.:~-:::. ~:"~v'. .~:-;.' ~:~;--.::: ":-:::"::-::-::'::..' ".... '. ~.:..., ._._u__":.:_::::-":::-":.. ::~:-.:;.:.:: . ..: .:.:.-.:..... ." -21- 4.02 SUBDIVISION PLATS The following sections of the Ordinance outline procedures for preparing and obtaining Commission approval of Sub- division Plats for residential, commercial, or industrial properties. All Final Subdivision Plats must be recorded - in the County map records. - - 4.03 PRELIMINARY PLATS - Preliminary Plats are required for all Major Subdivisions, and shall be consistent with the approved General Plan, if - appl icab1 e. - A. PRELIMINARY PLATS: REQUIREMENTS AND SUBMISSION SEE APPENDIX D - Five (5) copies of the Preliminary Plat, certified by, the - developer and planning consultant, and one (1) 'copy of all required documentation shall be submitted to the Depart- - ment for review at least two (2) weeks before the date at - which Commission review is requested. Preliminary Plats shall be drawn accurately to scale with exact dimensions - for street centerlines and approximate dimensions for other lines. Complete instructions for preparing Prel im inary - Plats and required accompanying documentation are contained - in Appendix D. - I I I ...' ":-:", '". :=~\:J -.::r."::;'~-.. ~:~;t.~:,~.~:-' /':'-'.: . ':-: . - ~ " '_: ~. '::~:; ".. ::,:":. ~':"..~i~';,:~::;:~:.': ~:.!."""7"'~::7.~' ::0'4:' .-..:". .:" ~"~4:':~.: ..~. ... . _ . -...' '" --:~ r.....::":.. -_..- ":" ... .-. ".-. -.:-. .. -. . . . ...-:--....... '-~ .-':'-':' .... :.... . -22- B. PRELIMINARY PLAT: ACTION BY THE APPROVING AUTHORITY All Preliminary Plats require final approval from the Commission. Following review of the Preliminary Plat, the . Commission shall, within thirty (30) calender days of the . filing date, take one of the following actions: .' , ' ..": P:,.,: "'.1.~,. 'Ap"p'~o~e": th~",.J?'~elind"riary Plat as f il ed; 2. Conditionally approve the Preliminary Plat as filed, . provided, the reasons are stated in writing and a copy of the statement is signed by the Chairman of the . Planning Commission. - 3. Disapprove the Preliminary Plat as filed, provided, the reason for such disapproval are stated in writing - and a copy of the statement is signed by the Chairman of the Planning Commission. . Commission action shall be noted on three (3) copies of . the Preliminary Plat, which shall be distributed to the de- veloper, Department, and official files of the Commission. - Unless stipulation for additional time is agreed to by the subdivider, the failure of the Planning Commission to - act within thirty (30) days from the date of the filing - of the plat by the developer, will cause the plat to be deemed approved. . .. I I .. ...........:-IlI':_-.._.~. .. .. -.-... _r... - . . ~. . ":. ~ .::~~' ".. ~": - ~..:~:O-': >._~::~:.:,:'"--'.:'~::.' ~.::.:.~~ .-~:" :'.~ ''::~ :1.: ...:: I I I - - .. . " -". '. - ...:"-: '. ." - - - - - - - - - - - - - - . - '. :- - . -- .... -- --... . ..' _ n . ..- . .- . .- -.... .. .. -23- C. PRELIMINARY PLATS: EFFECT OF APPROVING AUTHORITY ACTION 1. Approval: Commission approval of the Prel iminary Plat authorizes the subdivider to file a Final Plat. \ :'.. 2. Conditional Approval: Commission conditional approval re- , ....'_. '. ,., q~.~r~~~, "s,ul?!'lission qf an amend ed Prel iminary Plat and add i- .... ......:_:;..;...~ 'I. '" ._ .....~....: '. .' ,_" 0" "_.'~:',:t'i-o,~'fa]:'''d6c'Liri\en.tation as specified' by the Planning Com- mission for final commission approval. 3. Disapproval: Commission disapproval of a Preliminary Plat requires submission of a new Preliminary Plat. In the event the subdivider fails to file a Final Plat within one year of Approving Authority approval of the Preliminary Plat, approval of said Preliminary Plat shall terminate, upon written notice to the subdivider or owner. The subdivid.er or owner may request in writing a one year extension specifying the reasons why a Final Plat has not been filed. 4.04 FINAL PLATS: REQUIREMENTS AND CONTENTS; DEED RESTRICTIONS Final plats are required for all subdivisions, and shall be consistent with the Preliminary Plat if applicable. Final Plats of subdivisions are drawn accurately to scale with exact dimensions. Complete instructions for preparing Final Plats are contained in Appendix D. -. ..... . . .r__.....___ _.' ~.~. .' .':...-:-_ :r... -. ..._::~-: _ ~. . .-..---.- --... ---. -~_... ':':.. -;. . ;:. "...- . .':._.~___: .:....__. _. ';_."'::""':"._ .-.'':-:''T'_~''- .'_0--; ". r...:._ ",;." .. .: _0. ._ _':- .... '.- ....-...-. ;. I I I -24- In conjunction with the filing of the Final Plat, the sub- divider or developer shall file a proposed set of covenants, - restrictions, conditions, and reservations, affecting the property enclosed within the Final Plat. The cov'enants - and restrictions shall include provisions creating an ,..., :a~.~9~l;~,t~6;n .ot" :~ot' own'ers cha.~g.ed w'i th ,the, responsibil i ty, of promoting 'the recreation, health, safety, and welfare of. the members of the association, and for the improvement - - and maintenance of any common areas, compensating open - space, private streets, alleys, or park ing areas included within the Final Plat. The association shall be empowered - to levy assessments to be used exclusively in the enforce- - ment of the covenants, restrictions, conditions, and re- severations affecting the property enclos'ed in the Final ... Plat, and for the furtherance of its responsibility of im- proving and maintaining any common areas, compensating ... open space, private streets, alleys, parking areas or - other private improvements included within the Final Plat. The assessments levied shall be a charge on the land and ... shall be a continuing lien on the property against which each such assessment is made. - The proposed set of covenants, restrictions, conditions, - and reservations filed shall be submitted to the City Attorney of the City of La Porte, who shall review the - documents and insure that the form of the documents comp1 ies I I with this Ordinance. I: I I .~.- .-::.~.. :~~!..:...:._~.-~~...:-~'. : . - - - - - - - - - - - ." :.""1.' _ ,:....:... ~." '" ...._.... ~~. ~~::":_,,;:_'~~_~l~~:"~~~:-=--',,..,~~ ~_:-~~~"~';~~::'''~ .~~.'.:::' . .:": ~:-.::: :-1:"; ~::.:l=-'~:f.}.-.':-::..I~:-:":':==':":'.a ~ ~.-'-:~~:-'"':':~=+ . .. J _- . .' .... . ~ :. '-:'-';'=_'.:.:~:"';_:_:~:~:.': ..:.0'::':..- . _ .. ... --. - ". - -25- A. FINAL PLATS SUBMISSION Five (5) copies of the Final Plat certified by the owners, lienholders, and engineer or surveyor, and one (1) copy of all required documentation and one (1) copy of the proposed deed restrictions outlined above, shall be submitted to the De- part"meiit""fdr:'i:'eview' at" least two (2) weeks before the date at "" wtifch"'the'Final Plat is filed with the Commission. B. FINAL PLATS: ACTION BY THE APPROVING AUTHORITY All Final Plats require final approval from the Commission. Following review of the Final Plat, the Commission shall, within thirty (30) calendar days of the ft1ing date, take one of the following actions: 1. Approve the Final,Plat as filed; 2. 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 Commission. Commission action shall be noted on three (3) copies of the Final Plat, which shall be distributed to the developer, De- partment, and official files of the Commission. I I I I I I I I I I I I I I I I I I I .::._:': :..';:,,_~'&-...:.. .:~.:~~.:::.::~t. '~~:":..: ~.~.:;...... ~..~..:~t-;.~...-=~~~:.: ;':-:?::'"f..~::.\:. . -... .. . .... . .. ..... .. ........... ..... 0._ . ."_.. "~". _ -, . ...... . -. .. . ., - ....-. .- . .-. . ~:-:.:..-.~.:.~-.;. . T./,.: -.... . -26- C. FINAL PLATS: EFFECT OF APPROVAL 1. Approval of a Final Plat as filed and all accompanying documentation by the Commission, together with approval of Publ ic Improvement Construction Documents by the Director shall . ~ _ -=f-: .. ." ." ~ -.' '. ~J.. .. .- .. _. .',' ':.. '.' .' 'resul:t, in issuance of a Development Authorization by the" . ' Department which permits the developer to begin construction of subdivision improvements. 2. Disapproval of a Final Plat requires filing of a new Final Plat. D. FINAL PLATS: RECORDATION AND CONSTRUCTION OF PUBLIC IM- PROVEMENTS A Final Plat shall not be recorded until executed by the Director and by the Commission. Before the Final Plat is executed, the developer shall follow the procedure provided for in Section 4.04, and construct the proposed improvements according to the approved plans and specifications. In the event the developer or owner fails to commence construction of such improvements within one year of Development Authorization, approval of the Final Plat shall terminate upon written notice from the Commission to the developer or owner. The developer or owner may request in writing a one year extension specifying the reasons why construction has not commenced. I I I I I I I I I I I I I I I I I I I ..~. .....:~.,,:.'l:.:.~~=..:.+=-~:-=-=.:-:: . . - . . ". :::.-:~:~:..: :. .:.;...: ~~;~~ ~~.' '-~;.-:'~.,- ". j :-.-:~. .". '.:". "'. .:: . . .......- ~ . ..'-. . .--. - .. .... .. . ., :..:....:-....:- ;..... ._"-:. "0.. L __. . -27- The Planning Commission shall not sign and deliver a copy of the plat to be recorded, nor shall such Final Plat be re- corded, if such proposed improvements are not completed within two years of commencement of construction, and approved by the Director of Community Development. In the event the developer or owner fails to complete construction .of such' improvement's within two years of commencement of construction, approval of the Final Plat shall terminate upon written notice from the Commission to the developer or owner. The developer or owner may req.uest a one year extension in writing from the Director specifying the reasons why construction has not been completed. The Final Plat shall not be recorded unless the deed re- strictions called for herein are recorded: simultaneously with the recordation of the Final Plat. E. OFFICIAL FINAL PLAT The original recorded mylar film of the Final Plat shall be retained in the official files of the Commission. The owner shall sign the Return Map Agreement shown in Enclosure 7 to Appendix D which authorizes the County Clerk to return said mylar to the Department after recordation. 1-. --,. --=':-'!'"f'--"! -:-:;:''' ~~.::~';C..:-~':7; ~"::~~:::-,Z(.;;:t~- '-:'::"'r';'T.;O,:, '.,' ",. ""'. .,: '.":'" ~: ',., ,";~,_,r::-;:~' ,~- '" .-. -28- ... :.. -. .. _..- . .- .. .' . ' I I I I I I I I I I I I I I I I I I 4.05 VACATION OR RECORDED SUBDIVISION PLATS The vacation of Subdivision Plats, which is authorized and regulated by Article 974a, V.T.C.S. Section 5 (a), shall be permitted, prov ided: A'~ ''''l)~if:,ow'n'er~~ of' 'a11"property conta ined with in the prev ious plat sign the Vacation of Subdivision Declaration shown on Enclosure 5 to Appendix D: B. Approval of the Commission is obtained and reflected by Commission execution of the certificate shown on Enclosure 5 to Appendix D; and C. Said owners declaration and Commission approval certifi- cate is recorded as a single instrument in the county records as required by Article 974a, V:.,T.C.S. Section 5 ( a) . 4.06 AMENDING RECORDED SUBDIVISION PLATS An Amending Plat may be filed for record in the County map records to correct dimensional errors, notational errors or other erroneous information as defined and provided for under Article 974a V.T.C.S. Section 5 (d) provided: A. The signed Amending Plat certificate shown on Enclosure 4 to Appendix D is placed upon the face of the Amending Plat1 B. The Planning and Zoning Commission certificate shown on I I I I I I I I I I I I I I I I I I I 0" ;..:......:__....;_~~';~~..."";.: ..:-....::.: ....:-::': :.~ =.._"t.:':':" .~"':'.~:...~...:~::.:~.-..;:"::...::-="t:--:--.-:'"~.~--;;r~ .....of_..r .........-.. ~- "';00;-.'::'" ..&~ ....-:- ~j .-.--.:.~.,.-::...:......":. --....:.,.. ,;".:'::'::: ~_.~ .~:':.--,.=-._.:..;. . .-' -29- Enclosure 4 to Appendix D is placed upon the face of the Amending Plat and; C. Commission approval of said Amending Plat is reflected by Commission execution of said certificate. 4.07 REPLATTING RECORDED SUBDIVISION PLATS A replat or re-subdivision of a recorded Subdivision Plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling when: A. It has been signed and acknowledged by only the owners of the particular property which is being replatted or re-subdivided on the acknowledgment shown in Enclosure 1 to Appendix D; . B. It does not attempt to alter, amend or remove any covenants and restrictions; c. There is compliance, when applicable, with Subsection (c) and (d) of Section 5, Article 974a, V.T.C.S.; D. It has been approved by the Commission after being prepared and filed as though it were an original plat as specified in Section 4.04 of this Ordinance; and E. All expenses incurred by the City or the subdivider in the Replat process shall be borne by the subd iv id er, includ ing costs of notice at public hearing. I I I I I I I I I I I I I I I I I I I ;-:"- ~.~:""~~': .t.~.:--"._"'''''''',~'~~.~..:;:--. -:.':-- -. ...: :;. -:.1 . .":...:: ~='~:h:; .:~ ..~~:.:.:.;.. }:'". '. .... - r L...... ,. ~....-... . ..:"... 'r-....... r'-- .... .. ......- .";' -.-..,....... , , . "." . ....:'. . . . ~.. -..- . -30- 4.08 DEVELOPMENT SITE PLANS: GENERAL The following sections of this Ordinance outline procedures for preparing and obtaining approval for developments not de- fined herein as subdivisions. Except as noted in Section ,~.08 (A): _belo_~, it shall be a violation of this Ordinance :. for any. per-so.n.' to develop property within the City of La Porte without first: a. Filing a Development Site Plan and required documentation for approva11 b. Having said Development Site Plan approved according to the procedures set forth herein; and c. Obtaining a Development Authorization. A. DEVELOPMENT SITE PLANS: EXCEPTIONS TO FILING REQUIREMENTS 1. No Development Site Plan filing shall be required as pro- vided for herein in the case of a development which is strictly agricultural in character and use. 2. No Development Site Plan filing shall be required as pro- vided for herein in the case of a development that is solely and strictly a Subdivision, as that term is defined herein, and the requirements of Section 4.04 of this Ordinance have been satisfied for such Subdivision. 3. No Development Site Plan filing shall be required as pro- vided for herein in the case of a development that is strictly residential in character and use, and occurs in I I I I I I I I I I I I I I I I I I I ..;':".:?+-i~; :.-: ._..... :::..::.;.~. .... .. -:!: :'~~\:'. : ~':" :...._--~t~;:.,:~:?~;::..;;.;~;~.:;:.~~. ....~: :-:.. .:i- .; ..... :...., w.._.... . ~ '. . ~ '. - -31- the form of a single family house, regardless of whether said house is constructed inside or outside of a Sub- division. B. MAJOR AND MINOR DEVELOPMENT SITE PLANS: REQUIREMENTS AND CONTENTS (SEE APPENDIX E) For both Major and" Minor Developments, the Development Site Plan is drawn accurately to scale wi th exact dimensions. When accompanied by all other required documentation, Development Site Plans contain sufficient detail for evaluation of the proposed development. Complete instructions for preparing Development Site Plans are contained on Appendix E. 4.09 MAJOR DEVELOPMENT SITE PLANS A. SUBMISSION Five (5) copies of the Major Development Site Plan, certified by the developer and engineer or surveyor, and one (1) copy of all required documentation shall be submitted to the Department for review at least two (2) weeks before the date at which Commission review is requested. B. MAJOR DEVELOPMENT SITE PLANS: ACTION BY THE APPROVING AUTHORITY The Commission is the Approving Authority for all Major ... 'i-;'~Ii:"":::-.:'::;::;.~':;~:~- "';;:' '..::':::- : u_l.' .";"1:..":._.... "......,..... .... ,.- -.-;-......e.-...--':.~.-.:....;;~. .-. " ,,' . r. .;. ,. . ~. I I I I I I I I I I I I I I I I I I I -32- Development Plans. Following review of the Major Develop- ment Site Plan, the Commission shall, within thirty (30) days of the filing date, take one of the following actions: 1. Approve the Major Development Site Plan as filed: 2. Conditionally approve the Major Development Site Plan as filed;o,'provided, the reasons for such conditional approval a"re ,stated in writing and a copy of the statement is signed by the Chairman of the Planning Commission. 3. Disapprove the Major Development Site Plan as filed, pro- vided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the Chairman of the Planning Commission. Commission action shall be noted on four (4) copies of the Major Development Site Plan, which shall b~ dis- tributed to the developer, Department, Ci ty Cod e Enforce- ment Division, and official Commission files. Unless sti- pulation for additional time is agreed to by the developer, the failure of the Planning Commission to act within thirty (30) days from the date of the filing of the plan, by the developer will cause the plan to be deemed approved. C. MAJOR DEVELOPMENT SITE PLANS: EFFECT OF APPROVING AUTHORITY ACTION 1. Approval of a Major Development Site Plan and all ac- I I I I I I I I I I I I I I I I I I I .'~. .' '",' . . .......... '..:"... ~, . ",. ':. ._ ':'. . I. ~:.:...l: '.,':..~' ;.- ~"...' ,,-=,3 : -, ". ':"33- companying documentation by the Commission, together with approval of Public Improvements Construction Docu- ments by the Director, results in issuance of a Develop- ment Authorization by the Department. 2. Conditional approval of a Major Development Site Plan re- quires that the developer satisfy the conditions esta- 'bl'ished by th'e Commission. Once' the stated. conditions have been satisf ied, the Major Development Si t,e Plan and accompanying documentation may be refiled for Commis- sion approval. 3. Disapproval of a Major Development Site Plan requires filing of a new Major Development Site Plan. 4.10 MINOR DEVELOPMENT SITE PLANS A. MINOR DEVELOPMENT SITE PLANS: SUBMISSION Five (5) copies of the Minor Development Site Plan, certified by the owner and engineer or surveyor, and one (1) copy of all required documentation shall be submitted to the Department for rev iew at 1 east two (2) weeks before the date at which Director rev iew is requested. B. MINOR DEVELOPMENT SITE PLANS: ACTION BY THE APPROVING AUTHORITY The Director is the Approving Authority for all Minor De- I I I I I I I I I I I I I I I I I I I ..:..... .... . . .. ......"; ~. .' ". .0_. 'i': . . ". - "" . .. -34- ve10pments Site Plans. Following review of the Minor Develop- ment Site Plan, the Director shall, within two (2) weeks of the filing date, take one of the following actions: 1. Approve the Minor Development Site Plan as filed; 2. Conditionally approve the Minor Development Site Plan as filed, prov~ded, the reasons for such conditional approval are stated in'writing and a copy of the statement'is signed by the Director. 3. Disapprove the Minor Development Site Plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the Director. Department action shall be noted on three (3) copies of the Minor Development Site Plan, which shall be distributed to the developer, Department, and the City Code Enforce- ment Division. Unless stipulation for additional time is agreed to by the Developer, the failure of the Director to act within two (2) weeks from the date of the Plan by the De- veloper will cause the Plan to be deemed approved. C. MINOR DEVELOPMENT SITE PLANS: EFFECT OF APPROVING AUTHORITY ACTION 1. Approval, of a Minor Development Site Plan and all accom- panying documentation by the Director, together with approval of Public Improvement Construction Documents by I I I I I I I I I I I I I I I I I I I -35'::;' the Director, results in issuance of a Development Authorization by the Department. 2. Conditional approval of a Minor Development Site Plan re- quires that the developer satisfy the conditions esta- blished by the Department. Once the stated cond,itions have been satisfied, the Minor Development Site Plan and aGcompanying documentation may be resubmitted for Department approval. 3. Disapproval of, a Minor Development Site Plan requires filing of a new Minor Development Site Plan. D. MINOR DEVELOPMENT SITE PLANS: APPEALS Director disapproval of a Minor Development S,i te Plan may be appealed to the Commission within twenty (2'0) days of the mailing of a written notice of disapprovaL The following materials must be filed with the City Secretary: 1. A copy of the Director's disapproval letter: 2. A letter stating the basis of appea11 Once the appeal has been filed, the Minor Development Site Plan will be presented to the Commission for its ruling as specif ied for Major Development Si te Plans in Section 4.09 (B) above. 4 _" ..... ~ _ I I I I I I I I I I I I I I I I I I I -36- E. MAJOR AND MINOR DEVELOPMENT SITE PLANS: OFFICIAL DEVELOPMENT SITE PLAN The official approved mylar film of the Deve1opmen~ Site Plan shall be retained in the official files of the De- partment or Commission as the case may be. A Development Authorization will not be issued until said mylar film has been delivered to the Department. I I I I I I I I I I I I I I I I I I I -37- 5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND DEVELOPMENTS A. La Porte Street Classification System 1. General: The street pattern of a city should provide adequate circulation within the city while discouraging through traffic within local neighborhoods. This may be accomp1ish~d by providing thoroughfares spaced at approximately one-mile intervals and collector streets within neighborhoods spaced'at about half-mile inter- vals to link local streets to the thoroughfare network. 2. The La Porte Street Classification System may be found in Tab1 e 5-1. I I I I I I I I I I I I I I I I I I I -38- TABLE 5-1 LA PORTE STREET CLASSIFICATION SYSTEM R.O.W. PAVEMENT WIDTH WIDTH (CURB TO CURB) .u:~~.tl___~-1E~ etl' " MAJOR THOROUGHFARES CLASSIFICATION TRAFFIC . LANES, Controlled Access Highway (SH 146/225) 4-10 (Determined by TSDHPT) * Semi~Contrb1~ed Access Highway (Fairmont Pkwy) 4-8 (Determined by Harris County Commissioners Court) Primary Arterial 4-6 120 Dual 37'sections with 26' median OTHER THOROUGHFARES Secondary Arterial Class 100/50 4 100 Dual 25' sections with 30' median Secondary Arterial Class 80/50 4 80 Dual 25' sections w/ center turn lane COLLECTOR STREETS 2 2 70 60 60 40' w/ curb parking 36' w/ ctr. turn lane Class 70/40 Class 60/36 Class 60/32 2 32' NEIGHBORHOOD STREETS AND ALLEYS Local Streets 2 50 28 28 20 Private Streets 2 2 28 20 Public and Private Alleys and Private Drives * Texas State Department of Highways and Public Transportation I I I I I I I I I I I I I I I I I I I . -,", .. -39- 5.01 GENERAL STREET STANDARDS A. HORIZONTAL GEOMETRIC DESIGN STANDARDS may be found in Table 5-2. B. MINIMUM WIDTHS: Public or private streets shall have a minimum pavement width of 28 feet. Pub1 ic or private alleys shall have a minimum pavement width of 20 feet. C. THOROUGHFARE EXTENSIONS: Right of way widths for thoroughfare extensions shall be as indicated in Table 5-1 along the entire frontage of the tract being de- veloped. Where the existing dedicated right of way width fronting the adjacent property is less than shown on Table 5-1, a transition zone of 300 feet of frontage of the new development shall be prov id ed between the existing and new right of ways. D. CONTINUATION OF ADJOINING STREETS: The arrangement of streets in new developments shall make provisions for the appropriate continuation of existing streets from adjoining properties. I I I I I I I I I I I I I I I I I I I -3~~- TABLE 5-2 LA PORTE STREET SYSTEM HORIZONTAL GEOMETRIC DESIGN STANDARDS STANDARD (Minlmym'unl@Ds noeod) THOROUGHFARES MAJOR .. OTHER STREETS COLLECTOR' LOCAL ALLEYS ----------------------- CURVES Maximum block length (1) 2000 1800 1600 1400 NA Centerline curve 2000 800 400 50 35 radius (1) R"everse curve 2000 800 400 300 200 radius (1) Tangent between 100 100 100 50 30 reverse curves (1) INTERSECTIONS Tangent length approach- 100 70 70 50 30 ing intersections Offset distance ( 1 ) 200 150 125 125 100 Intersecting streets go go go go go angle of intersectio.n- (2) +/- 5 +/- 5 +/- 10 +/- 10 +/- 15 Edge of right of way 25 25 20 20 15 curve radius at normal intersection ( 1 ) Edg~ of right of way 30 30 25 25 20 curve radius at acute angle intersection (1) DEAD END STREETS AND ALLEYS Maximum length (1) (3) (3 ) (3 ) 600 300 Cul-de-sac radius (1) NA NA NA 50 (3) 60 (4) NOTES (1) (2) (3) (4 ) Feet Degrees Dead end streets Non-residential and alleys not permitted streets I I I I I I I I I I I I I I I I I I I -40- 5.01 GENERAL STREET STANDARDS (continued) E. FUTURE PROJECTIONS OF STREETS: Where adjoining areas are not developed, but may be developed, the arrangement of streets in a new development shall make provisions for the proper proj ection of streets into adjoining areas by carrying the new streets to the boundaries of the new development at appropriate locations. All such streets shall be designed in accordance with Tables 5-1 and 5-2 and the PICM. F. PARTIAL OR HALF-STREETS: Partial or half-streets may be provided where the Commission feels that a street should be located on a property line. Inside the City limits, the partial street may be dedicated, with a one-foot reserve in fee along the property line. Outside the City limits, the following note shall be used on such partial streets: "This foot strip is dedicated as an easement for all utility purposes including storm and sanitary sewers and shall automati- cally become dedicated for street purposes when and insofar as a foot strip adjacent to it is so dedicated. " G. PROVISIONAL ONE FOOT RESERVE to be used along the side or end of streets that abut acreage tracts. The note shown in Enclosure 8 to Appendix D is to appear on the Final Plats and Street Dedication Plats, where appropriate. I I I I I I I I I I I I I I I I I I I -41- H. HARRIS COUNTY ROAD LAW All subdivisions within the City's extraterritorial juris- diction shall comply with the current Harris County Road Law. The statement to be found in Enclosure 1 to Appendix D is to appear in Final Plats. 1. STREET NAMES 1. Street names shall be the same as ex ist ing street names, if they are continuations of existing streets. Otherwise, no street name shall be permitted that is a dupl icate of an existing or proposed street name within the City. 2. Proposed new names must be submitted to the Depart- ment for checking prior to the submittal of first plat or plan. 3. The developer :sha11 provide street name signs in accordance with the approved City Public Improvements Criteria Manual. J. ALLEYS: Alleys may be provided within any subdivision or development to provide secondary vehicular access to building sites which otherwise have their primary access f rom an adj acent publ ic street. All eys shall not be used or designed to provide principal access to any tract of land and shall not prov ide access to property outside the development boundaries in which the alleys are located. Dead end alleys are not permitted. I I I I I I I I I I I I I I I I I I I -42- K. PRIVATE STREETS AND ALLEYS: Streets and alleys which the developer proposes to privately maintain in perpetuity through a community association or other approved means are to be designated as "private" on the plat. Design and construction of such streets and all eys will be identical to design and construction standards for pub1 ic streets. Right of way 1 ines may be coter- minous with the edge of pavement. L. ENGINEERING DATA (See Appendices A through F) 5.02 SIDEWALKS All sidewalks, where required by the Comprehensive Plan or by the Commission shall be constructed in accordance with the PICM. 5.03 LOTS General: The lot design of a Subdivision or Development should provide for lots of adequate width and depth to provide open area and to eliminate overcrowding. Lots should be rectangular so far as practicable and should have the side lot lines at right angles to the streets on which the lot faces or radial to curved street lines. Lots with doubl e frontag e are prohib i ted except when I I I I I I I I I I I I I I I I I I I -43- backing on major thoroughfares and upon approval by the Planning Commission. A. All lots shown on the plat will be for residential pur- poses unless otherwise noted. B. Sid e lot 1 ines should be perpend icular or rad ia1 to street frontage and the following note may be in lieu of bearings. "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted". C. Driveway access to thoroughfares shall be prohibited. (See City Thoroughfare Plan). D. Double front lots are prohibited except when backing on major thoroughfares. E. MINIMUM LOT SIZES: 1. Lot width and area requirements established by the City zoning Ordinance shall govern. 2. All lots must have at minimum of twenty feet (20) of frontage on a public street. 3. All lots within the City's extraterritiorial juris- diction shall meet the minimum width and area require- ments established in the R-1, low density residential district of the Zoning Ordinance. I I I I I I I I I I I I I I I I I I I -44- 5.04 BUILDING LINES (NUMBERS REPRESENT FEET) LOT LINE THOROUGHFARES COLLECTOR STREET LOCAL STREET RESIDENTIAL FRONT REAR EXTERIOR SIDE INTERIOR SIDE 25 20 15 5 25 20 15 5 20 20 15 5 NON-RESIDENTIAL FRONT 25 25 20 REAR (ADJOINING RESIDENTIAL) 20 20 20 (ELSEWHERE) 10 10 10 EXTERIOR SIDE 15 15 15 INTE~IOR SIDE (ADJOINING RESIDENTIAL) 10 10 10 (ELSEWHERE) 5 5 5 A. EXTRATERRITORIAL JURSIDICTION: All building lines shall meet the minimum setback established in the R-1, low density residential district of the City Zoning Ordinance, except in the case of non-single family residential development which shall require a 20 foot minimum side yard building line adjacent to a public street. I I I I I I I I I I I I I I I I I I I -45- B. TRANSITION BUILDING LINES having a minimum angle of 45 degrees are to be provided where an offset in building lines is greater than 5 feet. 5.05 EASEMENTS A. DRAINAGE EASEMENTS 1. The location and width of all easements shall be determined by the Director of Community Develop- ment for all plats or plans within the cities juris- diction, and by the Director in conjunction with Harris County Flood Control District (HCFCD) for all easements that HCFCD may have an interest in. 2. Easements for drainage adjacent to lots, tracts, or reserves shall be recited on the Final Plat, in accordance with the languag e in Enclosure 1 to Appendix D. B. UTILITY EASEMENTS to be worked out with the public and private utility companies pursuant to the requirements established herein, including but not limited to the requirements of subsection 4.04 above. I I I I I I I I I I I I I I I I I I I -46- C. PLATTING OF PUBLIC STREETS OR EASEMENTS ACROSS PRIVATE EASEMENTS OR FEE STRIPS. 1. A copy of the instrument establishing any private easement shall be submitted with the Development Site Plan or the Preliminary Plat as reflected by the Title Certificate submitted. 2. Easement boundaries must be tied by dimensions to adj acent lot and tract corners. Where the private easement has no defined location or width, an effort shall be made to reach agreement on a defined ease- ment. Where no agreement can be reached, then ex ist ing facilities shall be accurately located and tied to lot lines, and building setback lines shall be es- tablished as specified in Section 5.04. 3. Prior to approval of the Final Plat or Develop- ment Site Plan, the developer or dedicator of any Subd ivision Plat or Development Site Plan, wherein publ ic streets or easements are shown cross ing priva te easements or fee strips, shall by letter to the City Planning Commission assume responsibility for seeing that any adjustments and protection of existing pipe- lines, electrical transmission lines, or other faci- lities shall be planned and provided for to the satisfaction of the holder of the private easements or fee strips and the Director prior to the filing of the plat or plan for record. I I I I I I I I I I I I I I I I I I I -47- 4. Prior to filing of the Final Plat or Development Site Plan for record, the following requirements must be met: a. The developer or dedicator of any plat or plan shall obtain from the holder of any private easement or fee strip within the plat or plan crossed by proposed streets or other public easements an instrument grant- ing to the publ ic the use of said publ ic streets or easements over and across said private easements or fee strips for construction, operation, and main- tenance of those public facilities normally using the type of publ ic streets and easements ind icated. This instrument shall be delivered to the City Planning Commission to be filed fo~ record along with the plat or plan. b. The developer shall furnish the Planning Commission with a letter from the holder of the private easements or fee strips in questions stating that arrangements for any required adjustments in pipelines, electrical transmission lines, or other similar facilities have been made to the satisfaction of the holder of the easements. I I I I I I I I I I I I I I I I I I I -48- 6.00 MONUMENTATION REQUIREMENTS ,FOR SUBDIVISIONS AND DEVELOPMENTS 6.01 SUBDIVISIONS A. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along street center1ines or at subdivision corners. The location of control monuments shall be approved by the Department at the Preliminary Plat stage and shown on the Final Plat. The construction of permanent control requirements shall be in accordance with the P.I.C.M. At least one control monument shall be accurately tied, by angle and distance to an approved ctty of La Porte monument. Elevations shall be established for each control monument install ed. Datum shall be suppl ied or approved 'by the Department. Elevations and coordinate values for each control monu- ment shall be submitted in accordance with Appendix D (Subdivision Plats) and approved by the Department prior to execution of the Final Plat. B. All corners of the subdivision, all angle points and points of curvature in the subd ivision boundary, all block corners, all angle points and points of curvature in each street right of way shall be marked with iron rods not 1 ess than three fourths (3/4) of an inch in I I I I I I I I I I I I I I I I I I I -49- diameter and thirty (30) inches in length, placed flush with the finished ground elevation. C. All lot corners shall be marked with iron rods not less than five-eights (5/8) of an inch in diameter and thirty (30) inches in length, placed flush with the finished ground elevation. All required monumentation shall be completed prior to final acceptance of the subdivision and execution of the Plat. 6.02 MAJOR DEVELOPMENTS: Permanent control monuments, one for each. five acres of property or fraction thereof, shall be placed along st,reet centerlines or at corners of the development. The location of control monuments shall be approved by the Department and shown on the Development Site Plan. The construction of permanent control monuments shall be in accordance with the P.I.C.M. At least one control monument shall be accurately tied, by angle and distance to an approved City of La Porte monument. Elevations shall be established for each control monument in- stalled. Datum shall be supplied or approved by the Depart- men t. I I I I I I I I I I I I I I I I I I I -50- Elevation and coordinate values for each control monument shall be submitted and approved by the Department prior to or concurrent with acceptance of all Public Improve- men t s . All lot corners within the Development shall be marked with iron rods not less than five-eights (5/8) of an inch in diameter and thirty (30) inches in length, placed flush with the finished ground elevation prior to commence- ment of any building construction. 6.03 MINOR DEVELOPMENTS All lot corners of Minor Developments shall' be marked with iron rods not less than five-eights (5/8) of an inch in diameter and thirty (30) inches in length, placed flush with the finished ground elevation. Lot corners shall be established and placed prior to commencement of any building construction. 7.00 PUBLIC IMPROVEMENTS 7.01 DEVELOPMENT COSTS The developer shall pay all costs for providing the I I I I I I I I I I I I I I I I I I I -51- development with streets, water mains, sanitary sewers, and storm sewers in accordance with plans and specifi- cations for such improvement approved by the Director of Community Development and in the manner set out in the adopted Utility Extension Policy. The subdivider shall pay all costs associated with street lighting as set out in the PICM. 7.02 DEVELOPER GUARANTEE The subdivider or developer shall guarantee construction of all approved public improvements as provided in this Ordinance and in conformance with the adopted PICM. 7.03 APPROVAL OF PUBLIC IMPROVEMENTS The installation of the approved improvements shall be under the inspection of the Director or his representative and the Director shall certify the installation as being in accordance with tne approved plans and specifications before the Planning Commission will execute a Subdivision Plat for recordation, or before the City will accept said public improvements for maintenance. 8.00 REIMBURSEMENT FOR OVERSIZING All improvements required in a Subdivision or Development will be installed at developer's cost, unless otherwise I I I I I I I I I I I I I I I I I I I -52- provided. The cost of utilities and streets which are required by the City to be larger than would normally be needed to serve the proposed addition will be partially reimbursed. The reimbursable amount will be the difference between the cost of the facilities that would be adequate to serve the addition and the cost of the facilities required by the City. A reimbursement contract will be negotiated between the City Council and the Developer. 9.00 RECORD DRAWINGS The engineer representing the developer must present to the Director, reproducible complete "record drawings" for all paving, drainage structures, water l.ines and sewer lines within thirty (30) days after completion of each contract. The Director will not certify approval of public improvements 'construction until record drawings have been submitted. 10.00 FEES AND CHARGES The following schedul e of fees and charg es shall be paid into the general fund of the City of La Porte when any map or plat is tendered to the Director, and each of the fees and charges provided herein shall be paid in advance, and the City Planning Commission shall take no action until the fee shall have been paid. I -52A- I TABLE 10-1 DEVELOPMENT ORDINANCE PLAT FEES I CITY OF LA PORTE I ADDITIONAL FEE PER TYPE PLAT BASE FEE BASE COVERS ACRE LOT ( $ ) ( $ ) ( $") I Sketch Plan None N/A None None I General Plan $25.00 1st 10 acres $2.50 N/A I Major Subdivisions 1 I Prel iminary Plats $50.00 1st 50 lots N/A $1.00 2 I Pre1 iminary Plats $50.00 1st 10 acres $5.00 N/A Final Plats $50.00 Entire sub- N/A N/A division I Minor Subdivisions I I Final Plats $50.00 1st 50 lots N/A $1. 00 I 2 Final Plats $50.00 1st 10 ac res $5.00 N/A I Major Development $50.00 1st 10 acres $5.00 N/A Site Plans I Minor Development $15.00 1st 5 acres $5.00 N/A Site Plans I I Note 1: Residential Note 2: Other I I I I I I I I I I I I I I I I I I I I I I -53- 11.00 ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISION 11.01 STREETS AND ALLEYS All streets shall be reinforced concrete pavement on a compacted subgrade. Concrete pavement shall be prov id ed with either an integral curb poured with the pavement or a separate curb constructed on top as required by the PICM and subject to the approval of the Director of Community Development. a. Pavement Design: Pavement design shall 'conform to the PICM. b. Curb and Gutter: Curb and combination curb shall be con- structed of reinforced concrete. Cross section and slopes shall conform to the PICM. c. Laboratory Control: All concrete shall be designed and controlled by a competent laboratory as required by the PICM. I I I I I I I I I I I I I I I I I I I -54- 11.02 DRAINAGE AND STORM SEWER Adequate drainage shall be provided within the limits of the subdivision. The protection of adjoining property shall be accounted for in the design of the sys,tem. The design and sizing of the system shall be in confor- mance with the PICM, and subj ect to the approval of the Harris County Flood Control District and the Director of Community Development. 11.03 WATER AND SEWER SYSTEM The design and construction of all water and sewer systems shall be in conforma,nce with the PICM, and subj ect to approval by the Director of Community Development. The developer or 'owner shall provide the necessary certifi- cates from all other governmental agencies certifying compliance with their regulations. 11.04 STREET LIGHTING All residential streets and non-residential parking lots in La Porte must be served adequately by lights. I I I I I I I I I I I I I I I I I I I -55- Lighting must be located and installed in accordance with the specifications of the PICM. 12.00 OPEN SPACE WITHIN SUBDIVISIONS AND DEVELOPMENTS. PARKS AND PARKLAND DEDICATION. SPECIAL USE SITES. 12.01 GENERAL Subdividers and developers shall provide for adequate open space and recreational space in accordance with the Comprehensive Plan of the City, and pursuant to the requirements of this Ordinance. 12.02 DEDICATION OF PARKLAND REQUIRED Whenever a Final Plat is filed of record with the County Clerk of Harris County in accordance with the provisions of this Ordinance, and whenever a Development Site Plan is submitted and filed with the Approving Authority of the City in accordance with the provisions of this Ordinance for each development that contains more than one residen- tia1 dwelling unit, such plat or plan shall contain a clear fee simple dedication of an area of land to the City for park purposes, which area shall equal one acre for each 160 proposed dwelling units. Any proposed Sketch Plan, General Plan, Preliminary Plat, Final Plat, or Development Site Plan shall show the area proposed to I I I I I I I I I I I I I I I I I I I -56- be dedicated for park land under this Ordinance. Credit shall be given for land dedicated within a development or subdivision for Compensating Open Space on an acre per acre basis. , 12.03 DEDICATION OF PARK LAND LESS THAN ONE ACRE IN SIZE PROHIBITED. Notwithstanding Section 1~.02 above, the City Council hereby declares and finds that dedication and development of an area smaller than one acre for public park purposes is impractical, and not in furtherance of the objectives established for open space and parks in the City's Comprehensive Plan. Therefore, for Development Site Plans or Final Plats that are filed for approval by the Approving Authority in accordance with the provisions of this Ordinance and include 160 proposed dwelling units or less, the developer or subdivider shall be required to pay the applicable cash in lieu of land amount set forth in Section 12.05 B. rather than dedicate any land area to the City. No subdivision Final Plat or Development Site Plan containing a dedication of land for parks or open space to the Ci ty 1 ess than one acre in size shall be approved. I I I I I I I I I I I I I I I I I I I -57- 12.04 DEDICATION OF PARK LAND LESS THAN 5 ACRES IN SIZE Notwithstanding Section 12.02 above, in the case of De- ve10pment Site Plans or Final Plats that are f il ed for approval by the Approving Authority that include' 800 proposed dwelling units or less, the Approving Authority shall have the right to ,accept the dedication for approval of the Development Site Plan or Final Plat, or to refuse same, after consideration of the recommendation of the Department regarding said proposed park land dedication, and to require the payment of cash in 1 ieu of land in the amount set forth in Section 12.05 B, if the Approving Authority determines that sufficient park area is already in the public domain (in accordance with the obj ectives established for open space and parks set forth in the City's Comprehensive Plan) in the area of the proposed Development or Subdiv,ision, or if the objectives of the Comprehensive Plan regarding parks and open space would be better served by expanding or improving existing parks or open space areas. 12.05 MONEY IN LIEU OF LAND Subject to veto of the Approving Authority, a subdivider or developer responsible for park land dedication according to the terms of this Ordinance may elect to meet the require- I I I I I I I I I I I I I I I I I I I -58- ments for park land dedication set forth above in whole or in part by a cash payment to the City in lieu of land, in an amount set forth in Section 12.05 B. below. Such payment in 1 ieu of land shall be made at or prior to the time of Final Plat or Development Site Plan apP1;oval by the Approving Authority. A. The City may from time to time decide to purchase land for parks in or near the area of actual or potential development or sub- division activity. If the City does purchase park land in a park zone (defined below) subsequent park land dedications for that zone shall be in cash only and calculated to re- imburse the City's actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of the average pr~ce per acre of such land, and the actual cost of adjacent streets and on-site utilities. Once the City has been reimbursed entirely for all such park lands within a park zone, this Section shall cease to apply and the other Sec- tions of this Ordinance shall again be appl icabl e. B. To the extent that Section A. above is not applicable, the dedication requirement shall I I I I I I I I I I I I I I I I I I I -59- be met by a payment in lieu of land at a per acre price sufficient to acquire land and provide for adjacent streets and utilities for a park to serve the Park Zone in which such Development is located. Such per acre price shall be computed on the basis of $175.00 per dwelling unit. Cash payment may be used only for acquisition or improvement of a park located within the same zone as the Develop- ment or Subdivision to be served by said park. 12.06 SPECIAL FUND, RIGHT TO REFUND There is hereby establ ished a spec ia1 fund for the deposit of all sums paid in lieu of land dedication under this Ordinance or any preceeding ordinance, which funds shall be known as the Park Land Dedication Fund. The City shall account for all sums paid in lieu of land dedication under this Ordinance with reference to the individual plats or plans involved. Any funds paid for such purposes' must be expended by the City within two years of the date received by the City for acquisition or development of a park. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the pro- perty on the last day of such period shall be entitled to a pro ra ta refund of such sum, computed on a square I I I I I I I I I I I I I I I I I I I -60- footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. 12.07 SPECIAL USE SITES. COMPREHENSIVE PLAN CONSIDERATIONS Land shown on the Comprehensive Plan as being suitable for development of the City for a major recreational center, school site, park, or other public use, shall be reserved for a period of one year after the Preliminary Plat or Development Site Plan is approved by the City if within thirty days after such approval the City Council advises the subdivider or developer of its intent to acquire the land or of the intent of another governro,enta1 unit to acquire the land, for purchase by the int.erested govern- mental authority at the land's appraised value at the time of purchase. A failure by the City Council to so notify the Subdivider or Developer shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the Preliminary Plat shall expire without adoption of a Final Plat. 12.08 PARK ZONES For purposes of this Ordinance, the Planning Commission, upon recommendation of the Director and the Parks and I I I I I I I I I I I I I I I I I I I -61- Recreation Department of the City, and in accordance with the Comprehensive Plan of the City, shall promulgate an official parks and recreation map for the City. The map shall create Park Zones, specifically designed to service a majority of the residences within a convenient distance of any park located or to be located within the zone. Establ ishment of said zones shall be prima facie proof that any park located therein is within a convenient distance from any residence located within said zone. 12.09 CHARACTERISTICS OF PARK LAND DEDICATED Any land dedicated to the City under this Ordinance must be suitable for park and recreational use_ Any areas of unusual topog raphy or slope wh ich rend er sa id areas un- usable for organized,recreationa1 activitities is generally unsuitable. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City engineering standards, and if no significant area of the park is cut off f rom access f rom such channel. Each park must have access to a public street. 12.10 INSTRUMENTS OF DEDICATION The park land dedication required by this Ordinance shall I I I I I I I I I I I I I I I I I I I -62- be made in the case of a Subdivision by a reservation on the Final Plat as filed in the map records of Harris County, Texas, unless additional dedication is required subsequent to the filing of the Final Plat. In the case of a Develop- ment Site Plan, the dedication required by this Ordinance shall be made by filing of a deed to the deed records of Harris County. In either event, if the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment by the cash in lieu of land amount provided by Section 5 of this Ordinance. 13.00 VARIANCES In those instances where, in the opin ion of the Com- mission, strict compliance with the terms, rules, con- ditions, policies and standards of the Commission provided in this Ordinance would create an undue hardship by depriving the applicant or subdivider of the reasonable use of the land or, where, in the opinion of the Commission, there are unusual physical characteristics which affect I I I I I I I I I I I I I I I I I I I -63- the property in question and which would make strict compliance with the terms and conditions of this Ordinance or any rule promulgated under this Ordinance not feasible, the Commission may grant the applicant or subdivider a variance as to one or more requ irements as long as the general purpose of this Ordinance is maintained. Economic hardship shall not constitute the sole basis for granting a variance under this section. A. A variance granted under the provisions of this Or- dinance shall apply only to the specific property upon which the Commission was requested to approve a plat and that such variance shall not constitute a change of this Ord inance, or any part thereo'f, or establ ish any policy, rule or regulation contra.ry to the' pro- visions of this Ordinance. B. Any variance on a recorded plat granted before the date of adoption of this Ordinance is hereby recognized as continuing to be valid and compliance with the provisions of this Section shall not be required. C. Any person desiring to secure a variance as to the pro- visions of this Ordinance must submit a written request with the other materials pursuant to Section 4.00 et seq. herein. Any request for a variance must cite the specif ic rule, policy or standard contained in this Ordinance from which a variance is desired. Additionally, the request must state the extent of I I I I I I I I I I I I I I I I I I I -64- the variance sought and the specific facts or reasons why such variance is needed. D. No variance may be granted by the Commission unless approved by a majority vote of the members present at the meeting of the Commission at which the variance re- quest is presented and that the commission affirma- tively finds: 1. That the variance would not be contrary to the general purpose and goals stated in this Ord inance. 2. That the variance would not be detrimental to the public health, safety or welfare, to be injurious to adjacent property, or prevent the, subdivision or development of other land in the ar.ea in accordance with the provisions of this Ordinance. E. Such finding of the Commission, together with the- specific facts upon which such findings are based shall be incorporated into the official minutes of the Com- mission meeting at which such variance was granted. JC:.~.~~.,,-'._.-~::. .;~~~~~~1$i~i~~~~~::,::~~3f~!{:~#~~5~t~g~ I I I I I I I I I I I I I I I I I I APPENDIX A, LA PORTE DEVELOPMENT PROJECT APPROVAL PROCSSS 1. GENERAL. This appendix is written to assist applicants preparing development proposals for City approval. in 2. PROCESS. the City The flowchart at Enclosure 1 Development Project Approval PROJECT graphic Process. APPROVAL depicts ~ ..~ -0". :~y:. ;.r'\:- :..:.. . 3. DEVELOPMENT PROPOSAL SUBMITTALS. The following appendices describe the City standards for preparing plans or plats and the documents which must be submitted therewith: APPENDIX TITLE B Sketch Plans C General Plans D Subdivision Plats E Development Site Plans F Additional Documentation, Standards, Certificates and Instructions . . . --':~~'f~~';i!P~7iH;;;~~ii&~~~~~:]~;:'~EZ~%~;:X;~i~{~:~ I I I I ,. 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': ," _ , r~' _ _ .~.:,;:~, '~".. ;:>, "'::, ,<::,:,.~ ;:~~~,' ;, ~ .,:', ..:~>,...,:..~~" ..~T:~.~,.~~~~~~:.,:~;'~!~:rir;,~:.:~;r~~~~~~;;',::.~~:..', :""';: ':;,-{,i:;:: LA PORTE DEVELOPMENT ORDINANCE APPENDIX B, SKETCH PLANS A developer may choose to submit a sketch plan to the department '~,:-:for. informal' . review., ,The, ,sketch..' plan sh9uld be drawn to approximate scale and, ,'dimensional accuracy~ It is suggested, especially for major developments and subdivisions, that the sketch plan be prepared on the City's standard 1:100 scale topographic maps, which may be acquired from the Department. A sketch plan should contain the following information. 1. Name of ~osed Development, if known (cannot be a duplicate of any other name used within the City's jurisdiction) and the names of owners of property adjoining the tract as disclosed by the most recent ad valorem tax record. 2. Location or Vicinity~ to show location of the tract within the City. 3. North Arrow: practical) (pointing to the top of shee't if 4. Da te: (eacQ rev ision to bear a new date) 5. Aporoximate ~s~ preferred. if practical, 1" = 100' is 6. Boundaries and Size: scale. Show property boundaries to 7. Existing Structures: The approximate location of all existing structures within the tract. 8. Other Existing Features: All existing streets, parking areas, easements, public utilities, storm drainage outfalls, high banks of water courses, ravines and other significant physical features or developments both within the tract and within 500 feet of it. 9. Proposed Features: The approximate location of proposed streets, parking areas, easements, public utilities, storm drainage outfalls, high banks of water courses, ravines. 10. Other Information: If known and where applicable, show location of proposed lines, blocks and lots, reserves, foot prints of buildings, number of stories and proposed usage. .: =,:~~:=~:~..~~~t.1~~;i~W;.}=&f~~i{;~diW;':ifH{~i~bi6INi'~~E;~i,,~~;c~;~~r~~:~'; I I I I 1 I I I 1 I I 1 1 I I I 1 1 A~PENDIX C, GENERAL PLANS (Page 1) This appendix to the La Porte Development Ordinance prescribes criteria for the preparation of General Plans and the information which must be submitted therewith. A. GRAPHIC CONTENTS (see Appendix F) " 1 : Nsmes c;f~~ment and each development Phase (Canno"t be duplicates of any other names used within the City's jurisdiction) .. ':" .': . . _ _ . ~.n _ 4 2. Type of DevelQQment Checklist). (See La Porte Development 3. Description of land within proposed development:"_._ acres out of the Survey, Abstract Number _, Harris, County, Texas". Identify owners of each tract, if separate ownership. 4. Phases: Total number of Subdivisions and number of each type (unsubdivided) Development planned 5. Name of Developer 6. Name of re~istered survevor or en~ineer preparing the Ql.9..t 7. fil ing date (Each re'v i sion to bear new date) 8. Scale (1" = 100'unless another scale is approved by the Department): Exact 9. North Arrow (Pointing practicable) toward top of sheet if 10. Key Map (to show relation of development to surrounding streets, railroads, and water courses. 11. Perimeter boundaries: property. Draw perimeter boundary of 12. Adiacent adjacent courses, features. orop~: Indicate name and locations for subdivisions, streets, easements, water acreage tracts, and other natural and manmade 13. Physical features: Show high banks ,of water courses and ravines and other natural or man-made physical development obstacles. ft....~-..<. ~fl.~1~~~V?~~~~~W~~f~t~~!lI~rbfirA'tlttfi;:;~;,;~;;;;;::t I" ~i:~. ...' :":~'-'.. -~. . 'oJ- .:: ..:...~ 1 1 1 1..- 1 1 1 I 1 1 1 1 I 1 1 I I I APPENDIX C, GENERAL PLANS (Page 2) 14. Contour lines: Show land contours at one foot intervals, as taken" from City topographic maps or from a ground survey. 15. ~Yl1ding___llnes: Indicate required building adjacent to ,all existing or proposed public and streets and alleys ' lines private 16. Subdivisions: Show number of lots within within typical blocks. proposed layout of each block. Show blocks and lot layout 17. Condominiums: If building locations are known, draw the footprint of each building, indicating the building type, number of stories and the number of each type unit contained therein. For each type unit" indicate floor area. Indicate desired density for the entire complex. 18. Reserves: Draw boundaries of and designate location, approximate area (in square feet and acres) and proposed usage of any sites intended for r.estricted or unrestricted reserves (within subdivisions) or for developments other than subdivisions. Indicate existing and proposed zoning of each site. 19. Unsubdivided develooments (See Appendix E): If known, draw site plans for unsubdivided developments and identify each building planned and i~s size, number of stories and proposed usage. 20. streets: Show right of ways for all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Indicate right-of-way width of all streets. (See PICM for street design criteria.) 21. Street names: Provide located within the plat adjacent thereto. names of all existing streets boundaries and immediately 22. Utility Easements: Indicate location, widths, and types (common use, waterline, sanitary sewer, drainage, power, etc.) for all easements, either existing or proposed, within the plat boundaries and immediately adjacent thereto. (See PICM for easement criteria.) I~-.. -,~ =-_......0;. ~f~~~r -. Af~1Ji~~~t~;.~~~~;~f~~i~~~~~6l~~~~{~;~f;kil;;z'g~;:~: I I I I I I 1 I 1 1 1 I I 1 1 1 I I ArPENDIX C, GENERAL PLANS (Page 3) 23. Existing Dublic utilities: size of adjacent City water storm drainage outfalls. sanitary sewer manholes and known. Indicate the location and and sanitary sewer mains'and Indicate depth of adjacent storm drainage outfalls, if 24. Flood hazard area: Show approximate boundary of flood hazard area, as taken. from City topographic maps or other sources. B. DOCUMENTATION. The following documents are to be furnished with Genera1'Plans. 1. La Porte Development Checklist (available at Department) 2. Location or Vicinity Map, marked to show location of property. ~:~~Jj.f~~~fl{~~};,~!wi+0.;%~~1t~;~\t~~ik~~~:;f0';~'#~)... F" __,,-.-c.o.t-;' '., - ,",.'''' . ............- .. p.-....... ...~ .,; .,;, :lJ:-s' . ~..~.~. -..::ca:' ~""'I:...:..~ "';~;~ - -. ~-- ...' . .' .... ....;-. .... I I I I I I I I I I I I 'I I 1 I I I , APPENDIX D, SUBDIVISION PLATS (Page 1) This a~pendix to -the La Porte criterla for the preparation of Plats and the information which Appendix F) Development Ordinance prescribes subdivision Preliminary and Final must be submitted therewith. (See PRELIMINARY PLATS (MAJOR SUBDIVISIONS) A. GRAPHIC CONTENTS: PRELIMINARY PLATS 1. Name of Subdivision (Cannot be a duplicate of any other name used' within the City's jurisdiction) 2. Tvoe of Develooment (See La Porte Development Checklist) 3. Description of land on which Subdivision lies: " acres out of the Survey, Abstract, Number Harris County, Texas. -, . -- 4. Seoarate orooerties: Total number of lots, blocks-and reserves. 5. Name of Develooer (If a company or corporation, list name and title of authorized representative) 6. Name of Planning Consultant 7. Filing date (date of formal presentation to ~ity Planning and Zoning Commission 8. Scale (1" = 100' unless another scale is approved by the City Planner): Exact 9. North Arrow (Pointing toward top of sheet) 10. Kev Mao (to show relation of development to surrounding streets, railroads, and water courses. 11. Perimeter boundaries: subdivision. Draw perimeter boundaries of 12. Adiacent prooertv: Indicate name adjacent subdivisions, streets, courses, acreage tracts, and other features. and locations of easements, water natural or manmade .~~~~~~'-~"~i~;~~1;i:tj1.~i;~t~t:t~~~~~~t{~~t{;~;~:~~~~:;~~lt~t.t~$~~~lt-.~: ~~RP~'~~A:~~;~~;:~~}~}r~~:~~~~~,;:~, ~~::~;'~~~ I I I I I I I I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 2) 13. Physical features: Show high banks of water courses and ravines ,and other' natural or man-made physical development obstacles. 14. Contour lines: Show land contours at one foot contour ,intervals, as taken from City topographic maps or from a ground survey. 15. Buildin~ lines: Indicate building lines adjacent to all existing or proposed street right of ways, easements, side or rear lot lines, or other locations required by City Ordinances. 16. Layout and identification: Show proposed layout of blocks and lots within blocks~ Wherever possible, side lot lines should be perpendicular or radial to street right of ways. Number blocks consecutively and encircle block numbers. Number lots consecutively within blocks. If compensating open space is required, indicate size of each lot or building site. 17. Condominiums: Draw the footprint of each building site and show overall dimensions and building type for each building. Show shortest distances from e:ach building to nearest building and property line. For each building type, draw to larger scale the plan of each building type, showing all perimeter wall dimensions and the dimensions and location of walls between units. Designate each unit type and floor area in square feet. 18. Reserves: Draw boundaries for and designate area (in square feet and acres) for unrestricted reserves and those dedicated for restricted usages, such as those for drainage, recreation, parkland, or other uses (indicate intended usage and existing zoning). 19. Streets: Show right of ways of all streets and alleys, either existing or proposeo, within the plat boundaries and immediately adjacent thereto. Indicate right-of-way width between points of curvature and tangency and at changes in width (See PICM for street design criteria.) 20. Street names: Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. (Cannot be duplicates of any street names in current use, unless continuations of existing streets). 1_- .. ,. ,.. - - .. , - - -' . ,- ~.~.--_.~~;~~ I I I I I 1 I I 1 I 1 I I APPENDIX D, SUBDIVISION PLATS (Page 3) 21. 22. 23. 24. ~~ilitY-&~~~m~nts: Indicate location, widths, and types (common use, waterline, sanitary sewer, drainage, power, etc.) for all easements, either existing or proposed, within the plat boundaries and immediately adjacent thereto. (See PICM for easement criteria.) Indicate recording,information for ~xisting easements. Elood__b~z~rg__~rea: Show boundary of flood hazard area as taken from City topographic maps or other sources. (See La Porte Flood Hazard Prevention Ordinance) Sur v ~-ID.QD.Y!llitll!- tie - in: S how survey monument and exact bearing distance (nearest hundredth of point on the perimeter boundary Section 6.01 of the Ordinance). nearest City-approved (nearest ,second) and a foot) to a defined of the property (See Survey control monuments: Show location of all proposed survey control monuments to be installed by the developer pursuant to Section 6.01 of the Ordinance. PRELIMINARY PLATS B. DOCUMENTATION: Preliminary The following documents are to be furnished with Plats: . . I . 1. La Porte Department. Development Checklist available at the 2. A Title Certificate, Abstract, or Planning Appendix ,F) Letter (See 3. utility Schematics: Show schematically the layout of proposed storm drainage, sanitary sewers, and water lines, each, utility on a separate print. Use symbols, colored pencils or markers. (See PICM for utility design criteria.) I..".. '.- ~i:;1;; .~ . '..--~.' ." --. .. "I. . I I 1 I I I I 1 I I I 1 I I I I 1 1 - "'-.,,~.: :'~~~J~';';;~;;~';;~-;~;'Z;:;~';~'7~~-;~":'" -:.~.-.' ..-..:,-;f..;.: :::: ,..r' '., ",~...."...:" ';7'''".;..:;,~:; ::;.~#~~'1;:: ';'< :'::'. :'--"~ .....':';-.: ' "::'.;':"" :'::~~:";,C: ..., >.~ '~ ,: '. .~-:,~.;:'~~:"~~~~~';::;:?,::i";!"r:...;.~,'":,;,,,~:,-,;';~:";'; <g'A"'~"P':OR'~E""'D EV EtOPM,&1ir..: 0 RD IN ANtt3. ,"''' ''';'0: ',~ .~, ..,::::...:::::~,~':- '2:~~:..:"'~~:;;""","k";;,:.~_;,,i:":~:;:.:~,!;~;:~~:;.::.: " i.:';..:" ..:" '. .7'",..,.: .', .or '.' " '__~:'\ ,.' 3!~; ~ , " ""." ':, ";'.:~':,T, ':.,: .':"" f. APPENDIX D, SUBDIVISION PLATS (Page 4) A..c GRAPHIC CONTENTS: Plats; plus: ... FINAL PLATS (ALL SUBDIVISIONS) FINAL PLATS. Same as for Preliminary 1. Name of owner (If a company or corporation, list name and title of authorized representative). 2. Name of re~istered en~ineer Final Plat. survey.QL or who prepared Le~al boundary description of subdivision, consisting of a metes and bounds description of each line between each boundary point. This description may be in written or tabular form. 3. 4 ~ Legal and specigl statements, where appropriate: a. Owners' Acknowledgement (Enclosure 1) b. Lienholders' Subordination Agreement (Enclosure 2) c. Plat Accuracy Certificate (See Appendix F) d. Final Survey Certificate (See Appendix F) e. Approving Authority Certificate (Enclosure 3) f. Amending Plat Certificate (Enclosure 4) g. Vacation of Subdivision Plat (Enclosure 5) h. Harris County Clerk Filing Statement (Enclosure 6) i. Return Map Agreement (Enclosure 7) j. Special Statements (Enclosure 8) ~4::'-~~:-~~'...'!,~ili~~MIi~~jittililirN~gly~~~~i~))i~i~ci;~t~t~~l;~,';,;;; I I 1 I I I I I 1 I 1 1 APPENDIX D, SUBDIVISION PLATS (Page 5) B. DOCUMENTATION: FINAL PLATS. Same as for Preliminary Plats, plus: " , 1. Proposed Streets: Submit complete public street construction drawings for approval by the Director of Community Development. (See PICM for criteria for street construction documents.) 2. Proposed Utilities: Submit complete public utility construction drawings for approval by the Director (See PICM for criteria for utility construction documents.) 3. Coordinate lisiing: A complete list of coordinates for each point to be marked in the final field survey. Each point on the list is to be assigned a unique number code. A copy of the Final Plat, marked with the locations of each number code, is to be submitted as well. 4.' Utilitv CompanL.I&.tters: Letters from servlclng utility companies approving the easements shown on the plat ,for their use. 5. Private Easements: A copy of the instrument(s) establishing private easement(s) within the subdivision. - . 6. Private Easement Holders Consent: A letter, statement or instrument from the holder of any privately owned easement or fee strip within the subdivision boundaries approving any crossings of said existing easement or fee strip by proposed streets, utilities, or easements shown on the plat. If adjustment of existing utilities is required, said letter shall specify the nature of the adjustments and the approval of the owner for such adjustment. 7. Residential Parkland: Receipt for payment in required dedication of parkland, pursuant 12.05 of the Ordinance or instrument of pursuant to Section 12.10 of the Ordinance. 8. Conditional A~proval Documents: Any documents specified by the City Planning Commission in conditionally approving the Preliminary Plat. lieu of to Section dedication - . . .:t~~f;~t~~~:iJ~i~!;~:~~,f;~[!fi'tfi'll~ii;WiI~~%jl~'ojIDiiiI~h~'.~~:;;:;.~;,,:>. I I I I I I I I I I 1 APPENDIX D, SUBDIVISION PLATS (Page 6) ENCLOSURE 1 OWNERS ACKNOWLEDGEMENT . ' (FINAL PLATS OF NEW SUBDIVISIONS) STATE OF TEXAS COUNTY OF HARRIS I (or we), (name of owner or owners) acting by and through (name and title of officer) being officers of Iname of company or corporation, owner (or owners) hereinafter referred to as Owners (whether one or more) of the !number of acres) tract described in the above and foregoing map of {Name of subdivisiQDl do hereby make and establish said subdivision of said property according to all lines, dedications, restrictions and notations on said maps or plat and hereby dedicate to the use of the public forever, all streets (except those streets designated as private streets), alleys, parks, water courses, drains, easements and public places shown thereon for the purposes and considerations therein expressed; and do hereby bind myself (or ourselves)~ my (or our) heirs, successors and assigns to warrant and forever defend .the title to the land so dedicated. - FURTHER, Owners have dedicated and by these presents do dedicate'to the use of the public for public utility purposes forever an unobstructed aerial easement five (5) feet in width from a plane twenty (20) feet above the ground level upward, located adjacent to all common use public utility easements shown hereon. - - FURTHER, Owners designated as lots construction of be restricted for same under restrictions filed separately. do hereby declare that all parcels of land on this plat are originally intended for the thereon and shall the terms and conditions of such ~)~f . _ . ._:"'i~~~~t;~it1tit~7:#P~e.h~;t?,,~;;f~M~~l:9j~~;2:~I1~.~~~~~~ ;:~:~t:tii;;<: I I I 1 1 I I 1 I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 1) ENCLOSURE 1 (Continued) ADDITIONAL PARAGRAPHS TO BE ADDED (AS APPROPRIATE) When ~lat contains natural draina e gullies. ravines. draws or draina~e FURTHER, Owners do hereby dedicate to the public a strip of land fifteen (15) feet wide on each side of the high bank of any and all bayous, creeks, gullies, ravines, draws, sloughs, or other natural drainage courses located and depicted upon in said plat, as easements for drainage purposes, giving the City of La Porte, Harris, County or any other governmental agency, the right to enter upon said easement at any and all times for the purposes of construction and maintenance of drainage facilities and structures. FURTHER, Owners do hereby covenant and agree that all of the property within the boundaries of this plat and ~djacent to any drainage easement, ditch, drainage ways and easements clear of fences, buildings, planting and other obstructions to the operations and maintenance of the drainage facility:and that s,uch abutting property shall not be permitted to drain directly into this easement ~xcept by means of an approved drainage s~ructure. and ub1ic utilit acreage owned bv the FURTHER, Owners ,do hereby certify that I am (or we) the owners of all property immediately adjacent to the boundaries of the above the foregoing plat of (name of subdivision) where building setback lines or public utility easements are to be established outside the boundaries of the above and foregoing plat and do hereby make and establish all building setback lines and dedicate to the use of the public forever all public utility easements shown in said adjacent acreage. I~~~:~ :.~~~!.~i-f~1~f;~:-i; .:{~;~~':~;t ~.~p;;~;;~r~;:'J~;:.',~~~(,,'~~ .~:r:,,;;'~~;' .:'''~' ~::i;:'!:"::' '::-:"::;,:. 'C<, ",:c" '.': .--'. .;,;..:,' ;""'-.:,,: -,' .: -.;'. . , :..' . n' : . ' ...': c",..,. o::-.J_;-':;'d..'-,",""'~"'~~ ..,."~r.';,; ',"p,__;""'''''' ,;-.' ...,,,..,..:,.w....., ..' LA;, Po.RTE" DEVE Lo. fME.N'I~ ORDI.NAN CE, .,' .~..:.;, c. .. , . , . : ':_'.'; N, ';::~ ,~"<:~"':'- :u~ ~ .:. ,.', : '" .... .,;'''::<,<::, ....!.~,;:-i":. ..;~ ~::;:..~:~,:. ;.' ::::i.:~:: '/: ,':~ .~" '':"'',~' :}~ ':. :::' .:}::~7;.,:;'::~'f-:!:~' :>~,. /:':: .', ~:,;: ..',':::: ,::. .. .::.:. ..~:" ",.':: ~,:";:' .:...::..,::, I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 8) ENCLo.SURE 1 (Co.NTINUED) ADDITIo.NAL PARAGRAPHS TO. BE ADDED (AS APPRo.PRIATE) When private streets are established within the plat: FURTHER, o.wners do hereby covenant and agree that those streets located within the boundaries of this plat specifically noted as private streets, shall be hereby established and maintained as private streets by the owners, heirs, successors and assigns to property located within the boundaries of this plat and always available for the general use of said owners and to the public for firemen, firefighting equipment, police and other emergency vehicles of whatever nature at all times and do hereby bind myself (or ourselves), my (or our) heirs, (or) successors and assigns to warrant and forever defend the title to the land so designated and established as private streets. To be used when the subdivision is within the Extraterritorial Jurisdiction of the Citv of La Porte: FURTHER, o.wners certify and covenant that they".h'ave compl ied wi th or will comply with the ex isting Harris Cou'nty Road:' Law, Section 31-C as amended by Chapter 614, Acts of 1973, 63rd Legislature and all other regulations heretofore on f{le with the Harris County Engineer and adopted by the Commissioner's Court of Harris County. : When replatted under the provisions of Art. g74a, Section S(b) and (c)(3): . FURTHER, the o.wners hereby certify that this rep1at does not attempt to alter, amend, or remove any covenants or restrictions; I, (we) further certify that no portion of the proposed area to be replatted is limited by deed restriction to residential use for not more than two (2) residential units per lot. = rovisions of Art. 4a Section FURTHER, the o.wners certify that this replat does not attempt to alter, amend or remove any covenants or restrictions. I~~~~ii~ ~"c:. :~~~j1~~%~~~~~5.~~~};i~~;'.::t>;~TJ::.~:~~:;;~:~,:~i}\:~~~~ii;::5i~~~'tf;~~~t~:"b.~D ~:N A ~.~~:;~~;L\~;::;~';:;'~ ~::/'.::,.;,:; :': '. . .' 1 I I I 1 1 I I I 1 1 I I I I I I I APPENDIX 0, SUBDIVISION PLATS (Page 9) ENCLOSURE 1 (Continued) ACKNOWLEDGEMENT EXECUTION (when owner. is.an individual or individualA} WITNESS my (or our) hand in the City of , . ,. this (num~ day of 1mon.thl, 1year). -----, (signature of owner or owners) (names to be printed) (When owner is a company or corporation} IN TESTIMONY WHEREOF, the (Name of company) has caused these presents to' be signed by (Name 'of Presidenll, its President, thereunto authorized, attested by its Secretary (or authorized trust officer), (Name of Secretary of authorized trust officer), and its common seal hereunto affixed this (number) day of (month}, (year). (Name of Company) by: (Signature of President) President (Signature of Secretary or Attest:authorized trust officer} Title (affix corporate seal) NOTARY ACKNOWLEDGEMENT (See Appendix F) 1:(;~~~~;;',~"':~';~~~#iik:~~~~~t~,i~ii:.!M~~T#iDEyEi~~;tj(.Q~D~ ~.ANC.Etj:::;~-. :,-.':~:c I 1 I I I 1 I I I I 1 I I I 1 1 I I APPENDIX D, SUBDIVISION PLATS (Page 10) ENCLOSURE 2 LIENHOLDERS SUBORDINATION AGREEMENT (Note: Holders of all liens against the property being platted must execute the final plat or separate instruments which shall be filed for record with the plat.) I (or we), (Name of mortgagee or names of mortgagees), owner and holder (or owners and holders) of a lien (or liens) against the property described in the plat known as (name of plat), said lien (or liens) being ev idenced by instrume nt of record, in Volume , page , (or Film Code No. ) of the Mortgage Records of Harris County, Texas, do hereby in all things subordinate our interest in said property to the purposes and effects of said plat and the dedications and restrictions shown herein to said plat and I (or we) hereby confirm that I am (or we are) the present owner (or owners) of said lien (or liens) and have not assigned the same nor any part thereof. By: (Si~nature of Lienholder (Name to be ..printed) NOTARY ACKNOWLEDGEMENT (See 'Appe nd i x F) 1~/~\~?Jt~{~~t"'-""'~~~~~=~~~:~;~;;{~3,~~f:.~.:::~~:~~~f~;;~;~:~ii"-i~~;~:~;:4.~~;.;.~~~..:~':;:~~:;:~~~.~::i:~.~~,:'::~ ,:~~..~L.<;?;;,~[;!~~ ~...; ". - - \ . ':' .:. . : ~':.:..: ~ .;':-:: :::-:....:- ::-'. ~-:....: .~ : ,.'. _.~......,...",-.....,."i.,j .....,.. .......;:.:.,.. ."..._..<,...._.....C_,......".,......"'...~....-...'.;.. ri-A', PO.R'T'E:...D EVE"'''O PME.J.-v.r, ORDINANCE, : '.' .-. . -... - . ~ ."_ . ".a: ~':'""""1".:. ." ",:- '.' -.,:" --. ...... ."_ ,;: ..".:. . ..... q.1:i . .. ,,- . :1..i. _. 111".. . ...' .. -, .-. ," _0'-:_" - - I I I I I I I I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 11) ENCLOSURE 3 CITY APPROVING AUTHORITY CERTIFICATE TO APPEAR ON SUBDIVISION PLATS, REPLATS, RESUBDIVISIONS, .PLAT'VACATIONS, AND AMENDING PLATS This is to certify that the City Planning and Zoning Commission of the c~ty of La Porte, Texas has approved this plat (or instrument when appropriate) and' subdivision of (name of subdivision) in conformance with the laws of the State of Texas and the ordinances of the City of La Porte and authorized' the recording of this plat (or instrument when appropriate) this inumberl, day of (monthl, !year}. By: (Signature of.Director) Director, La Por.te Community Dev~lopment Depa~tment ATTEST: By: (Signature of Citv Engineer) La Porte City Engineer By: (Signature of the Chairman) Chairman, La Porte Planning and Zoning Commission ATTEST: By: (Signature of Secretary) Secretary, La Porte Planning and Zoning Commission (Affix Commission Seal) I :.-.. .... . - '. . .~.:':.':':j:~~_Ji}J~::;~~~:~.:~~;~~~ti~i~;1~~;~' .~....::;~L~'E:~~::~~.: ~:,,:::--._.~., .:::~::~:~:'~S6~t:;~;~::~::~:.:;:,~;.~~;::!::;~;:~~.~:~..: ~~:~:.:-:. ':,'.. . :.'.: - ..;:::..;~ ~:::.::.. -',:.~.: -:' ':..' . . " ",;.,__,",,"'::":-"""'"':''Y'''''-'>-'c~''''-''' _....~,--..~..,:. '.-'-'''' ;-.....~:-: ..'.', ~. LA.,.PORT.E"'DE.VELOp-uENT. ORDINAl'C'E- . . -"C." . _ . .. . _.. .: ._~: III.. ",:",''''-'_ _ _.. _. _ _to ".__ .,. . .... '. . . . . 0... . I~J . J';I'... - I I I I I I I I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 12) ENCLOSURE 4 AMENDING PLAT CERTIFICATES NOTE: The following certificates and acknowledgements are required to be placed upon the face of all amending plats. I, _lname of engineer or su~Yor), hereby certify that the following corrections were necessary to eliminate errors which appear on the plat of ~me of subdivision1-, recorded on --1Qate and monthl__, (yeaLl-, in Volume -1nYmQ~Ll-, page (numb~ (or when applicable film code numbers) of the map records of (name of coun~ County, Texas: (Proyide brief explanation of corrections required) (Signature of Engineer or Surveyor)- (Print name) Texas Registration No. (Affix seal) I (we), (name(s) or directly affected by out of the block(s) consent to this amending owner(s)], owner(s) of the property this amending plat, being lot(s) as indicated hereon, do hereby plat for the purposes herein expressed. 1--- Signature of Owner(s) ---1 (Print name) NOTARY ACKNOWLEDGEMENT . (See Appendix F)' APPROVED BY THE CITY OF LA PORTE PLANNING AND ZONING COMMISSION on date. month and year. Signature of Director of ~QIDmunity Deyelopment Director, Community Development Signat~e of Chairman Chairman, Planning and Zoning I<::::~.:;~:: .::ti~JffWl~~~~~.~:.,',::,;:;t~:;,~;~~:~~';~::'~:~~'~.~.;.~.~:~:.:~':-~'~~'r'.::'.::::~~.- ;:.~:'.~~'.~: ~~ ':~.. - . :'.' :--::- '~'s~;:,~: '::: . '-".:-.7..:', '..'.z .:':~{-~.:.; ~:~~ -;. '." '..:' .-:,.-.:..... ....., .....~.:.<"..-=~~.,.._,.......:_...,n'. ..,....;_. ,..,' ........".. .....-..:......,.......LA,"PO'RTE DEVELOP.MENT ORDINANCE . -., . ... .~..:....~. _. '-~ -.....--- . ...... ..' ... . .' -. . --- .~- I I I I I I I I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 13). ENCLOSURE 5 VACATION OF SUBDIVISION PLAT STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: I 12L_Hgl, ~me of owner or owners if individu~ or (Name ~Pres'ident and Secretary- or authorized trust officer of a QQIDpany or corporation), being the sole owner (owners) and proprietor of the following described property in the City of La Porte, Harris County, Texas, to-wit: (Provide legal description of the property including, but not limited to, the acreage, the name of the recorded subdiYision, the name of the Survey and Abstract Number, and recording references.) Do hereby desire and declare that said plat, subdivision and dedication thereon be yacated and cancelled so as.to convert all of said platted property to acreage tracts as same existed before such property was platted, subdivided and recorded. (At this point any rights-of-way, easements or any other feature established in the subdivision being yacated which will not be cancelled as a result of this vacation action should be described.) I~i~i.~~~ ~:.~~~-~.:: ~~'~J~}:;~'JJ.i.;,::t~.~~:M~,;'~~~:~~~~<i)D~F;i~::f.~:;:.~:\~:?F.~t.~pp R'~ i.;:..D~~V '~'L? ~~~'~:~:~~.-'9 'R ~ I ~ A;~ ~'E ...:.:..': '.::': :.' .'.:' . . I I I I I I I I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 14) ENCLOSURE 5 (Continued) ACKNOWLEDGEMENT EXECUTION . . (When owner is an individual or individuals) WITNESS my ., ....,. thi s (or our) hand in the City of __________, 1numberl_ day of -1mQnthl-,- _!yea,rL. (signature of owner or ownersl (Names to be printed) (When owner is a company or corporation) IN TESTIMONY WHEREOF, the 1Nam~_of company) has caused these presen.ts to' be .signed .by' 1Name . of Presidenll, .i ts President, thereunto authorized, attested by its Secretary (or authorized trust officer), (Name of Secretary of. authorized trust officer), and its common 'seal hereunto affixed this {number) day of (month), (year). (Name of Company) By:___1~i&nature of President) President (Signature of Secretary Attest: or authorized trust officer) (affix corporate seal) NOTARY ACKNOWLEDGEMENT . (See Appendix -F) 1-'~:;":':;~~f:iii?}J~~~ift~~4.~:'::i~_:~~~.~~;.+;~i:;;f;~~:>;~~?',:~:. ';:':::'..;'::..: ....-:.;..:LA< '~O'~'~.~:~:D::~'~ Et6;~}~i ~T" ORD.I~ ~N'C E,: ':::, < :',.::~.:.:: :.:..:: .,.' ". '.:' I I I I I I I I I I I I I I I I I I APPENDIX D, SUBDIVISION PLATS (Page 15) ENCLOSURE 6 HARRIS COUNTY CLERK FILING STATEMENT (TO APPEAR ON ALL INSTRUMENTS FILED) I, inSIDe of County Clerk}, Clerk of the Commissioners' Court of Harris, do hereby certify that the within instrument with its certificate of authentication was filed for registration in my office on iQate and month), (yearJ, at ltime) o'clock (A.M. OR P.M.), and in Volume (number), page (number) or when applicable Film Code numbers) of the map records of (name of county} for said county. Witness my hand and seal of office, at Houston, the day and date last above written. Ex Officio Clerk of the Commissioners' Court of Harris Coun~y, Texas By: Deputy 1":",'.- ..' I I 1 1 I I 1 I I I 1 I I 1 I I 1 1 .~.:'.;~~~~~~~;~;~~~::~\;':. :~.:I~Y."~~~~.t:~.~~: ~~~;;'i:~:~~: .;~ .. ~~:/.;7;/'." :{A~ :'PO~7~"~ b'E\;"~.t6;~'M;i~~" 6 ~ ~'~. ~ A:N CE- APPENDIX D, SUBDIVISION PLATS (Page 16) ENCLOSURE 7 RECORDED MAP RETURN AGREEMENT CERTIFICATE This is to certify that _____, owner or authorized agent of the owner of land being platted or subdivided known as , approved by the La Porte Ci~y Planning and Zoning Commission, authorized -------------------, County Clerk of Harris, County or his authorized Deputy to return the original recorded map or plat of said subdivision only to the Director of the City of La Porte's Community Development Department or to his authorized representative, who shall file such original recorded map or plat in the per~anent records of that Department. Signature Director, Community Development Department Signature Owner or' Authorized Agent (of owner of land being subdivided or piatted) 1:~~';':::_~~;~t~i:;~~~~;1J.ET':;"','.:.:: ..::~:~.:;.;~..~-/;.>::.:. '~": ......:. . . :.:' .~ ......-. ." :. "lA<POR'TE'.' D'EVEEOPME"N:r O'RDINANC'-E -.: 1 1 I I I I I I I I I I I I 1 I I I APPENDIX D, SUBDIVISION PLATS (Page 17) ENCLOSURE 8 SPECIAL PLAT STATEMENTS (TO APPEAR WHEN APPROPRIATE ON SUBDIVISION PLATS) Hb~D-snY portion of land within the~2~~QundarY lies i~ide a Flood Hazard Area: "Some land within this subdivision lies in a Flood Hazard Area." Such lands are subject to an increased chance of flooding and the' City of La Porte places stricter requirements on development therein through the La Porte Flood Hazard Prevention Ordinance. Flood Hazard Areas on this plat are shown as shaded." When the plat contains public street right of ways bo~ring-2n unrestricted reserves or unplatted acreage: "A one foot reserve is hereby established withfn the street right. of way adjacent to all unrestricted reserve~ or unplatted acreage. Said one foot reserve shall be dedicated to the public and shall be removed and therafter be vested in the public for street right-of-way purposes only upon proper platting of the adjacent unrestricted reserve Or acreage." I;~ ,::';~:~;;~~~~j;~:;~;":s~>::: '::"~~" .,'".:-..~.: ~: .... ':';'" . ..~,.:. ". :.:' ~ . ..' :'''.: . . ~ . ." . :: n, .' .. .... .'. ~.'" :...: .. .~. 'LA . POitTE' 'DEVELo-p'MENT ORDINANCE I I 1 I I I 1 I I I I I I 1 I I I I APPENDIX E, DEVELOPMENT SITE PLANS (Page 1) This appendix to the La Porte Development Ordinance prescribes criteria for the preparation of Development Site Plans and the information which must be submitted therewith. Development Plats may be prepared by any qualified planning consultant but must be certified by the owner and by a Texas-registered engineer or land surveyor. A. GRAPHIC CONTENTS (See Appendix F) 1. N~m&-~ Develop~ent (Cannot be a duplicate of any other.name'used within the City's jurisdiction) 2. Type of development (See La Porte Development Checklist) 3. Description of land within proposed deyelopment: "_.__ acres out of the Survey, Abstract Number _, Harris County, Texas. II. 4. H~~__QHn~ (If a company or corporation, list name and title of authorized representative). 5. Name of developer (If a company or corporation, list name and title of authorized repr~sentative). 6. Name of planning consultant 7. Filing date (date of City Planning and Zoning Commission Review Meeting) 8. Scale of Plat 9. Legal description of development: SubdiYision recording information and section, block, and lot number or reserve designation or metes and bounds description of property boundary. 10. North arrow (Pointing to top of sheet) 11. Key map (to show relation of development to surrounding streets, railroads, and water courses. 12. Boundaries: Draw development. . perimeter boundaries of I"'. - . I I I 1 I I I I I 1 I I I I 1 I I I . .......... ...;0""0. ~~\;;.....~:.:...-.:.~. ;.:.~.. :1. ;:~'" "~~ :. -~'. . . . . . LA PORT'E DEVEtO'PHENT ORDINANCE' APPENDIX E, DEVELOPMENT SITE PLANS (Page 2) 13. Ag~cent_Q~QQgr1Y: Indicate name, location and recording information for adjacent developments, streets, easements, water courses, acreage tracts, and other natural or manmade features. 14. TopogrsQDX: Define high banks and flow lines of water courses. . Define post-development limi ts of other natural or man-made physical development obstacles. 15. ~yildin&-lines: Indicate building lines adjacent to all street right of ways. 16. Mobile home QS~ks: Show proposed layout of mobile home sites and reserves. Number sites and blocks consecutively. Draw boundaries of sites the same way as for subdivision lots (See Appendix D). Indicate size of each si te . in square feet. Designate usage of each reserve, such as recreation, laundry drying, and dead storage. Detail site plan as described below. 17. Reserves: Draw boundaries for and ~~signate area (in square' feet and acres) for res'e'rves dedicated for restricted usages, such as those for drainage, recreation, parkland, or other uses (indicate usage). Unrestricted reserves are not permitted within the boundaries of Development Site Plans. 18. Building Footprints: Draw the footprint of each building site and show overall dimensions and building type for .each building. Show shortest distances from each building to nearest building and property line. 19. Proposed Topographic Changes fill changes to the site. Including cut and 20. Other site improvements: Draw perimeter of, dimension, and identify type and usage of each additional structure or site improvement, including parking lots, security lighting, driveways, curb cuts, culverts, water lines, fire hydrants, sanitary sewers, storm drains, natural gas lines, electrical lines, telephone lines, walkways, landscaping and other site improvements. I. I I I I I I I I I I I I I I I I I I . . w~......~......~:'.., ,:,=",:~r..;.".' =. -:." . ...... . '. '+. __ ...._ ..~. a." ..... -...... -...- .... .-- '" - ...... - ... ". LA PORTE Dt"V'E""LOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 3) . . . 21. ~treets: Show right of ways of all streets and alleys, either existing or proposed, within the plat boundaries and immediately aajacent thereto. Show right of way width at points of curvature or tangency, at one point within tangent segments', and at changes in width. 22. ~~~~~~_ngmes: Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. (Cannot be duplicates of any street names in current use, unless continuations of existing streets.) , 23. Utility Easements: Indicate location, widths and types (utility, water line, sanitary sewer, drainage, power, etc.) for all existing and proposed easements. Indicate recording information for existing easements. (See PICM for easement criteria.) 24. Flood Hazard Area: Show boundary of flood hazard area and shade areas within plat boundaries inside flood hazard area. (See La Por.t.e Flood Hazard Prevention Ordinance). Show ~inished floor elevation of buildings inside flood hazard area. 25. Survey monument tie-in: For Major Developments, show nearest City-approved survey monument (as the Point of Commencement) and bearing and distance to a defined corner on the perimeter boundary of the property. 26. Survev Control Monuments: For Major Developments, show location of all proposed survey control monuments to be installed by the developer pursuant to Sections 6.02 of the Ordinance. 27. Dedication Statements and Ce~ificate~. The following, where appropriate, must appear on Development Site Plans filed in La Porte: a. Owner's Certificate (Enclosure 1) b. Final Survey Certificate (Appendix F) c. Approving authority certificate (Enclosure 2) d. Special statements (Enclosure 3) 1 1 I I I I I I I I I I I I I I 1 1 I . - __. _.... 0". ." .. . - . _.~r:.' :- ~.:... ,. - . LA PORTE DEVELOPMENT"ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 4) B. DOCUMENTATI~. The following documents are to be submitted with Development Site Plans. 1. ~_EQr~~__~~Y~lQ~ID~D~_~b~gklist (Available at the Department. . 2. Title Certifigate (Major Developments only) (See Appendix F) 3. Mobile Home Park-(MHPl Master-Elan Developers of mobile home parks must submit a MHP Master Plan which includes the following' addi tional information: a. An explanation of the program of development for the park, which includes architectural concept drawings. for buildings, other structures, and landscaping, and a timetable for development. b. A detailed description of the post-development maintenance program for the buildings, site improvements, and grounds within' the park. c. A description of the garbage and disposal program for the park. refuse 4. Residential Parkland: of required parkland Section 12.05 of the Dedication pursuant to Ordinance. Receipt for payment in lieu dedication, pursuant to Ordinance or Instrument of Section 12.10 of the 5. OTHER DOCUMENTS: Any other documents specified by the City Staff at the Sketch Plan review. I 1 I 1 I I 1 I I I I I I I 1 I I I LA PORTE'DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 5) ENCLOSURE 1 OWNERS CERTIFICATE (MAJOR DEVELOPMENT SITE PLANS) I (or we), (name of owners), as Owners (whether one or more) of the (number of acres) tract described in the above and foregoing site plan of (Name of development) do hereby establish said development of said property according to all lines, dedications, restrictions and notations on said site plan. I (We) further certify that all improvements shown on said site plan shall be constructed in the locations shown. ADDITIONAL PARAGRAPHS TO BE ADDED (AS APPROPRIATE) When develooment contains natural drainage ways such as bayous, creeks, gullies, ravines. draws or drainage ditches: FURTHER, Owners agree to keep all of the property within the boundaries of this site plan and adjacent to any drainage easement, ditch, drainage ways and easements clear of fences, buildings, planting and other obstructions to the operations and maintenance of the drainage facility ~nd that such abutting property shall not be permitted to~drain directly into this easement except by means of an appuoved drainage structure. When private streets and utilities are established within the site plan: FURTHER,. Owners agree that those streets and utilities located within the boundaries of this site plan specifically noted a~ private, shall be maintained as private streets and utilities by the owners, heirs, successors and assigns and, further, that said priyate streets shall always be available for the general use of the public for firemen, firefighting equipment, police and other emergency yehicles of whatever nature at all times. - I 1 1 I I 1 I I 1 I I I I 1 I I I I LA PO~T~ DEVE~O~MENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 6) ENCLOSURE 1 (Continued) ACKNOWLEDGEMENT EXECUTION 1Hb~n~Hn~r_i~_an individual or individua~ WITNESS my (or our) hand in the City of _____~_~,_ this 1numQ~rl day of 1mon!hl, (year). 1signatur~_Qf_ow~-2r owneLA1 (names to be printed) ---------- , (When owner is a comQgn~_Qr_gQr~Qrationl IN TESTIMONY WHEREOF, the (Name of companYl has caused these presents to' be signed by' (Name__Qf__Er:~~.ig~n!l, its President, thereunto authorized, attested by its Secretary (or authorized trust officer), (Name of SecretarY_Qr_~Y!bQr1zed__!LYA1-_Qfficer), and its common seal hereunto affixed this inumber) day of (month), (year). (Name of Cbmpany) by:____1~ature of' PresidentL_ President (Signature of Secretary or Attest:authorized trust officer) Ti tle ' (affix corporate seal) . . I I I 1 I I 1 I I I I I 1 I I LA PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 7) ENCLOSURE 2 CITY APPROVING AUTHORITY CERTIFICATE TO APPEAR ON MINOR DEVELOPMENT SITE PLANS This is to certify that the City of La Porte, Texas has approved this site plan and development of insme of development) in conformance with the laws of the State of Texas and the ordinances of the City of La Porte. By: .(Signature of Director) Director, La Porte Community Development Department ATTEST: By: (Signature of City Engineer) La Porte City Engineer TO APPEAR ON MAJOR DEVELOPMENT SITE PLANS This is to certify that the City Planning and Zoning Commission of the City of La Porte, Texas has appr~ved this site plan and development of (name of development) in co'nformance .wi th the laws of the State of Texas and the ordinances of the City of La Porte. . By: (Signature of Director) Director, La Porte Community Development Department ATTEST: By: (Signature of City Engineer) La Porte City Engineer By: (Signature of the Chairman) Chairman, La Porte Planning and Zoning Commission ATTEST: . . By: (Signature of Secretary) Secretary, La Porte Planning and Zoning Commission (Affix Commission Seal) . I 1 1 I 1 I 1 I I I 1 I I I I I I I LA PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 8) ENCLOSURE 3 SPECIAL PLAT STATEMENTS (TO APPEAR WHEN APPROPRIATE ON MAJOR DEVELOPMENT SITE PLANS) When any portion of land' within the site ~lan_boyndgL~ lies inside a Flood Hazard Area: "Some land within this development lies in a Flood Hazard Area." Such lands are subject to an increased chance of flooding and the' City of La Porte places strictet requ1rements on development therein. through the La Porte Flood Hazard Prevention Ordinance. Flood Hazard Areas on this site plan are shown as shaded." ... I I I I I I I I 1 I I I I I I I I I I (Page 1) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS This appendix contains additional instructions common to more than one kind of plan or plat. ENCLOSURE TITLE 1 2 Title Certificate Information Notary Public Acknowledgement 3 Plat/Plan Accuracy Certificate 4 Plat/Plan Final Survey Certificate 5 6 Plat/Plan Graphic Symbols Plat/Plan Geometric Standards I I I I 1 I I I I I I I I I I I I I (Page 2) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 1 TITLE CERTIFICATE INFORMATION A planning letter, certificate, abstract, or other instrument from a title guaranty company or attorney authorized to render title opinions in the State of Texas, which certifies that a search of the appropriate records was performed within thirty (30) days of the filing date and which letter provides the following information: 1. The date of the examination of the records. 2. A legal description of ~he property proposed. to be developed including a metes and bounds description of the boundaries of said land. 3. The name of the recorded owner of fee simple title as of the date of the examination of the reaords, together with the recording information or the instruments whereby such owner acquired fee simple title. 4. The names of all lienholders together with the recording information and date of the instruments by which such lienholders acquired their interests. 5. A description of the type and boundaries of all easements and fee strips not owned by the developer of the property in questions together with the recording information and date of the instruments whereby the owner of such easements or fee strips acquired their title. 6. A statement certifying that no delinquent city or county taxes are due on the property being platted. I 1 I 1 I I 1 I I I 1 I I 1 1 I (Page 3) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 2 NOTARY PUBLIC ACKNOWLEDGEMENT STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared iHgmes of persons signin&--the plat~ owngrs~nd corQQration' officers), (corporation titles if appropriate, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and considerations therein expressed (add for corporations, "and in the capacity therein and herein stated, and .as the act.and deed of said corporation.") GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (number) day of. (monthl, (yea.r) ~ . My Commission Expires ~nature of Notary Public} Notary Public in and for the State of (affix notary seal) . . 1 I 1 I I I I I 1 1 I I 1 I I I I I I (Page 4) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 3 PLAT (SITE PLAN) ACCURACY CERTIFICATE I, iname~f_gngiD~~L_QL_~~LY~1QL1, am registered under the laws of the State of Texas to practice the profession of engineering (or' surveying)' and hereby certify that the above plat (site plan) is true and correctj and that all bearings, distances, angles, curve radiuses, and central angles are accurately shown on the plat. (Signature of Engineer or Surveyor) (print name) Texas Registrati:on No. (Affi x sea 1) . . - I I 1 I 1 1 1 I I I I I I 1 I I I 1 (Page 5) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS,. CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 4 PLAT (SITE PLAN) FINAL SURVEY CERTIFICATE I _______iDgm~l_________,. registered under the laws of the State of Texas to practice the profession of land surveying, do hereby certify that this plat (site plan) accurately represents the results of a survey performed under my supervision and that all boundary corners, single points and points of curve have been, or will be, marked with five-eights inch iron rods not less than thirty (30) inches in length and that this plat (site plan) complies with the requirements as specified in the City of La Porte Development Ordinance. iSjgnature of SurveYQr} (Print Name) Texas Registration No.______ (Affix Seal) I 1 I I 1 I I I 1 I 1 I I 1 1 1 I I - (Page 6) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 5 PLAT/PLAN GRAPHIC SYMBOLS The following line symbols are established for all plans and plats: 1. BoYngs~ies: Show perimeter boundaries, right of ways' and boundary lines between development phases in bold solid lines (____). Use solid lines (____) for block and-lot boundaries. 2. Buildin&-1in~~: Indicate by long dashes separated by short dashes (___ _ ___ _). 3. Easem~n~~: Indicate by short dashes (- - - - -) 4. Str~sm-s~de~L~~siQD_high~nks: Indicate by long dashes separated by three short dashes (____ _ _ _ _ ~ _ ____). 5. Edge of flood hazard area: Indicate by bold long dashes separated by circles (_ 0 _"0 _ 0_). 6. Adiacent properties: Indicate lines out- side boundaries of proposed develapment by long dashes (____ _ ____). 1 1 I 1 I I I I I I I I I I I I I I I (Page 7) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 6 PLAT/PLAN GEOMETRIC STANDARDS ITEM DESCRIPTION A B DIMENSIONAL ACCURACY STANDARDS A. Ex~: Angles to the nearest second, distances to the nearest hundreth of a foot. B. ApDroxim~: Angles to the nearest degree, distances to the nearest foot. x X L1NE DEFINITION: For all lines required to'be'defined on a line between two points is considered as "defined" if the following information is provided: A. For tangent (straight) lines: 1. Bearing (in degrees) X X X X 2. Distance (in feet) B. For curvalinea~ (semi-circular) lines~ 1. Radius of curve (R, in feet) x x 2. Central (delta) angle 3. Arc length 4. Chord length 5. Chord bearing (~, in degrees) (L, in feet) (C, in feet) (CB, in degrees) x x C D x x x X X x x x x X x x X X X X A = GENERAL PLAN C = FINAL SUBDIVISION PLAT B = PRELIMINARY SUBDIVISION PLAT D = DEVELOPMENT SITE PLAN X = YES I I I I I I I 1 I I I I I I I I (Page 8) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 6 PLAT/PLAN GEOMETRIC STANDARDS (CONTINUED) ITEM DESCRIPTION LINES TO BE DEFINED for street right of ways' ( centerline' and both eQg~ ~Lim~~~L_QQgndarl~~~ lots, block~ reserve and easements, all lines between any combination of the following points: A. Points of beginning or ending B. Lot, block, or reserve corners C. Angle points D. Points of tangency or curvature E. Points of inflection (reserve curvature) F. Points of intersection with crossing lines for lots, blocks, reserves, right of ways, easemerits, stream or depression high banks, and flood hazard area boundaries. Lines to be defined for.high banks~ stream or depression (no right of'way or easement), lines bet~een: Points defining the limits of the high bank. Points of intersection with crossing lines for lots, reserves, easements and right of ways. Line~_to~~Q~fiD~Q_!or_floo~b2zaLg_2rea, lines between: Points defining the limits of the flood hazard area. (Consult City Flood Zone Administrator for required elevations) Points of intersection with crossing lines for lots, reserves, easements and right of ways. A X x X X. X ,.~ B C X X X X X X x X X X x X X X X D X x X X X X X X X X X X I 1 I I I I 1 I 1 I 1 I I I 1 1 1 I I 'Ii} I r;J " I ' U t\ ! !., I [, i ,i\ J 1\"-'1 \!f-J\, '- ORDINANCE NO. l444-A AN ORDINANCE AMENDING SECTION 2.19 DEVELOPMENT, SECTION 4.08 DEVELOPMENT SITE PLANS: GENERAL AND SECTION 11.02, DRAINAGE AND STORM SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Section 2.19, Development, Section 4.08 Develooment Site Plans: General, and Section 11.02, Drainaae And Storm Sewer, of City of La Porte Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 2.19, DEVELOPMENT, of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "2.19 DEVELOPMENT: The process of converting land within the City's jurisdiction from its natural state, or altering the elevation of orooertv, or converting its existing usage to residential, commercial, or industrial uses. This definition encompasses any and all physical changes to the land not regulated through the City Building Code I I I I I I I I 1 1 I I I 1 I I I I ORDINANCE NO. 1444---.!L Page 2 ( !,~i C: : r:~ : ;\ ~ ,\ 1 ., 1: '. . : I I I ',' '-" l '-"! '.. '-":i ~i \1- inherent in such conversions. The term development includes subdivisions as defined herein." Section 3. Section 4.08 DEVELOPMENT SITE PLANS: GENERAL, of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "4.08 DEVELOPMENT SITE PLANS: GENERAL The following sections of this Ordinance outline procedures for preparing and obtaining approval for developments not defined herein as subdivisions. Except as noted in Section 4.08 (A) below, it shall be a violation of this Ordinance for any person to develop property within the City of La Porte without first: a. Filing a Development Site Plan and required documentation for approval. b. Having said Development Site Plan approved according to the procedures set forth herein; and c. Obtaining a Development Authorization. A. DEVELOPMENT SITE PLANS: EXCEPTIONS TO FILING REQUIREMENTS 4-:--No Development Site Plan filing chall be required ac provided for herein in the case of a development which ic ctrictly agrioultural in ohar-ac-tor and uce. ~ No Development Site Plan filing shall be required as provided for herein in the case of a development that is solely and strictly a I .. I I I I I 1 1 I I I I I I I I I I I ORDINANCE NO. 1444- A( Page 3 .,~: .... , ! -: ~ ;; ! /, J . . , " . , I \i ~ -, IlL. Subdivision, as that term is defined herein, and the requirements of Section 4.04 of this Ordinance have been satisfied for such Subdivision. 3:-_~0 Development Site Plan filing shall be r<Jquired as provided for herein in the oaGe of a de'Jelopment that is stric-tly roGideRtial in oharacter and use, aFld ooour!:: in the form of a single family house, regardless of ',.'hether said hou!::e iG oon!::truoted inside or outoide of a Subdivision. B. MAJOR AND MINOR: DEVELOPMENT SITE PLANS: REQUIREMENTS AND CONTENTS (SEE APPENDIX E) For both Major and Minor Developments, the Development Site Plan is drawn accurately to scale with exact dimensions. When accompanied by all other required documentation, Development Site Plans contain sufficient detail for evaluation of the proposed development. Complete instructions for pr-eparing Development Site Plans are contained on Appendix E." Section 4. Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance No. 1444 is hereby amended by adding language pertaining to the alteration of the elevation of property. Section 11.02, Drainage and Storm Sewers, shall hereafter read as indicated below: I i I I I 1 I I I I 1 1 1 I 1 I 1 I I ORDINANCE NO. 1444----A. Page 4 .- ~.._,; ~\ ; ( -." . i\ J /\ j .... "-"!,"'lri.i '- "11.02 DRAINAGE AND STORM SEWER Adequate drainage shall be provided as te reduce the cemmunity's expesure_te_flo.ed_bazards_witb_re,sp.e.cLto_adjac.ent,_up.stream_and dewnstream develepments. (See alse Chaoter 94. Fleeds. .of the Ccde .of Ordinances .of the City .of La Perte fcr additicnal reQuirements.) Adequate drainage shall be prcvided within the limits .of the subdivisien and/er develcpment. The prctectien .of adjcining property shall be acccunted fer in the design .of the drainage system, and shall be subject te the apprcval .of the Directcr .of Planning .or his designated representatives. Anv oersen .or oersens that alter .or change the elevaticn .of orooerty shall be resoensible fer aoplying fer and .obtaining. oriar tc said change .or alteratian .of the elevatian .of cro~erty. a develeoment autherizatien frem the Citv Plannina Decartment. Anv chanae .or alteratian in the elevatian .of crocertv reauires submissian .of a Site Plan crier ta the change .or alteratien .of crocertv. which said Site Plan shall delineate the orooased chanae .or elevatien .of orocertv. Said certified site olan shall be subiect te acoroval by the Citv Enaineer." Sectian 5. Any persen, as defined in Sectian 1.02(27) Texas Penal Cade, whc .shall viclate any provisian .of this Ordinance, shall be deemed guilty .of a misdemeanar and upan canvictian shall be punished by a fine net te exceed Twc Thausand Dallars I . I I 1 I I I 1 I 1 I I I I 1 I . . I ORDINANCE NO. 1444-~ Page 5 \ ;,.......:- ':-.: ....- . -' ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 6. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 7. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public I ~ I 1 1 I '1 I 1 I I I I I 1 I I I I I ORDINANCE NO. 1444-~ Page 6 r.~ ;-., : :-. : . "1 as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall become effective fourteen (14) days after its passage and approval, however, implementation of this ordinance will not take place until 180 days after its passage. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE -2l... DAY OF March ,1998. CITY OF LA PORTE BY:~~ ~~_ ON RMAN MA(ONE, r ATTESTATION: I 4 j 1 1 I I I 1 I 1 I I 1 I I. I I 1 1 I ORDINANCE NO. 1444-~ AN ORDINANCE AMENDING ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE BY ADDING NEW SECTION 4.021 MINOR PLATS, AND FURTHER BY AMENDING SECTIOl\J 4.06 AM Ef\Jnrf\fG-RE"CURDED-SOBDI\7ISfOKl-PCATS;-FfI\fDT"rG COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Ordinance No. 1444, the Development Ordinance of the City of La Porte, adding new Section 4.021, MINOR PLATS, and amending Section 4.06 AMENDING RECORDED SUBDIVISION PLATS, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan, and are in accordance with the authority granted to the City of La Porte in Chapter 212 of the Texas Local Govt. Code. Section 2. Section 4.02, DEVELOPMENT, of City of La Porte Ordinance 1444, is hereby amended by adding a new Section 4.021, MINOR PLATS to read as follows, to- wit: "4.021 MINOR PLATS Minor plats of 10 (ten) acres or less, and involving four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities may be approved by the Director of Planning. The Director of Planning I -4 I I I. I 1 I I I 1 I 1 I I. I ORDINANCE NO, 1444=-?'13 Page 2 .' l may, for any reason, elect to present the plat to the Planning Commission for approval of the plat. The Director of Planning shall not disapprove the plat and shall refer any plats which are refused to tne--Planning Commission wilfiintnetime parameters as delineated in Section 212.009 of the Local Govt. Code." Section 3. Section 4.06 AMENDING RECORDED SUBDIVISION PLATS, is hereby amended to read as follows, to-wit: Section 4.06 AMENDING RECORDED SUBDIVISION PLATS An Amending Plat may be filed for record in the County map records to correct dimensional errors, notational errors, other erroneous information, to add to or delete monuments, or to relocate a lot line between adjacent lots, as allowed in Section 212.016 of the Texas Local Government Code, provided: A. The signed Amending Plat Certificate shown on Enclosure 4 to Appendix 0 is placed on the face of the Amending Plat; B. The Planning and Zoning Commission Certificate shown on Enclosure 4 to Appendix D is placed on the face of the Amending Plat; and C. Commission approval of said Amending Plat is reflected by Commission execution of said certificate. . . The Planning Director of the City of La Porte may approve Amending Plats, and execute Certification of same as set forth above in lieu of the Planning Commission, as allowed in Section I '~ I I I I 1 I I I' I I I I I. ORDINANCE NO. 1444-~ Page 3 j 212.0065 of the Texas Local Government Code. The Director of Planning may, for any reason, elect to present the Amending Plat to the Planning Commission for approval. The Director of Planning sh-alln-ot-dts-a-p-ptove-th-e-Am-en-din-g-PI'at-a'n-d-srralI.efer-any-plafs which are refused to the Planning Commission within the time parameters as delineated in Section 212.009 of the Local Govt. Code." Section 4. All rights o.r remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of the Development Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning c;>rdinances . . of said City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. - - I .. I I I I I 1 I I I I I I I, I I I I I. ---" ORDINANCE NO, 1444- ~ Page 4 f Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time requirea-5y law preceding tflis meeting, as requirea-6y the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE~AYOF JiflelVl RJ~( ,1998. CITY OF LA PORTE }/1 y;/ 0-- : '. ? . By:/(.//"/}/II/V;',t'~ ;;-- NORMAN MALONE, Mayor . 1 1 I I I 1 I I I I I I I I. I I I I I ....-.. ORDINANCE NO. 1444---1L- Page 5 -~7"" j A ITEST A TION: BY:~t1 }(fJ1JJJ1 M~RTR;b\ GICCETT J City Secretary ..... I ,J I I I I I I I I I I I I I ORDINANCE NO. 1444- G AN ORDINANCE AMENDING SECTION 5.04 "BUILDING LINES" OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDiVisIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING TRAT-ANrPERSON-\1IO'I:ATIN'G-THc-TeRMS-OF-T-HIS-6 Rill NAN Ce-SHA I:-I:-BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of La Porte notes that the Sens Road right-of-way is on the City of La Porte Thoroughfare Plan, which is an integral part of the Comprehensive Plan of the City of La Porte, as a primary arterial thoroughfare; and WHEREAS the City Council of the City of La Porte takes note that Harris County has plans to expand and improve the Sens Road right-of-way as said primary arterial; and WHEREAS the City of La Porte in conjunction with Harris County seek to facilitate the expansion and improvement plans of Harris County in connection with the Sens Road thoroughfare, within the ambit of the City's Comprehensive Plan and Development Ordinance; and WHEREAS the City of La Porte finds that the Development Ordinance states that all plans or plats should conform to the Comprehensive Plan for the extension of City thoroughfares; and WHEREAS the final dimensions of the planned expansion of the Sens Road right-of- way are yet to be determined; and WHEREAS development setbacks along the Sens Road right-of-way are found to be necessary to accommodate the expansion and improvement of the Sens Road right-of- way; and WHEREAS the City of La Porte finds the implementation of development setbacks to facilitate the expansion and improvement of the Sens Road right-of-way is in harmony with the requirements of the Comprehensive Plan, the Development Ordinance, and the Zoning Ordinance, within the Code of Ordinances of the City of La Porte; and WHEREAS it is the intention of the City to promote the orderly development of the City of La Porte, establish guidelines for the expansion of public thoroughfares, lessen traffic congestion, and promote and protect the public health, safety, and welfare; ...:L ORDINANCE NO. 1444- t Page 2 I ~. I I I I I I 1 I 1 1 1 I I I I I 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and (leclares ffiat all prereqUisItes of law nave Deen satisfted;th-at-ttTe-fore-goingiindins-of-fact are true, and the City Council hereby determines and declares that the amendments to Section 5.04, "Building Lines" of City of La Porte Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 5.04 ",Building Lines" of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "5.04 BUILDING LINES A. EXTRATERRITORIAL JURISDICTION: All building lines shall meet the minimum setback established in the R-1, low density residential district of the City Zoning Ordinance, except in the case of non-single family residential development which shall require a 20 foot minimum side yard building line adjacent to a public street. B. TRANSITION BUILDING LINES having a minimum angle of 45 degrees are to be provided where an offset in building lines is greater than 5 feet. C. The following development setback restrictions are established for the Sens Road right-of-way extending from West Main Street to Avenue 0, and from Avenue 0 to the north right-of-way line of North P Street. 1. West Main Street to Avenue 0 _L I '. I I I I I I I I I I I I I I 1 ORDINANCE NO. 1444-iL Page 3 Properties adjacent to the Sens Road right-of-way extending from West Main Street to Avenue D, are subject to a development setback of 20 feet, from either side of the right-of-way. This restriction applies to any Improvements, accitions, or construetitfn-of-any-ctrara-cter-on property abutting the Sens Road right-of-way, and regardless of zoning classification under this Code. The building setback restrictions contained in Chapter 106 of the Code of Ordinances of the City of La Porte are subject to the restrictions contained in this section and shall commence from the 20-foot development setback restrictions promulgated herein. 2. Avenue D to the north line of North P Street Properties adjacent to the Sens Road right-of-way extending from Avenue D to the north line of North P Street, are subject to a development setback of 40 feet, from either side of the right-of-way. This restriction applies to any improvements, additions, or cOnstruction of any character on property abutting the Sens Road right-ot-way, and regardless ot zoning classification under this Code. The building setback restrictions contained in Chapter 106 of the Code of Ordinances of the City ot La Porte are subject to the restrictions contained in this section and shall commence from the 40-foot development setback restrictions promulgated herein. . ".ll.... I ~. I I I I I I I I I I I I . - - ORDINANCE NO. 1444-L Page 4 Section 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,OOO.OlJy.-Eacnaay a violation oTtniSOrClinance sh"aU-contimle-shall-constitute-a separate violation. Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance, Development Ordinance, or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 5. If any section, sentence, phrase, clause, or any pqrt of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or . clause, or part thereof, may be declared invalid. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City ...&... I ; I I I I 1 I I I I I I I . . ORDINANCE NO. 1444.(, Page 5 Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at antimes curing wtlicntffis ominance anertt'ie suoject matterth-ere-of has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE ~ DAY OF J1?ce(N1 'fJe( ,2002. CITY OF LA PORTE By: ATTESTATION: . APPROVED: - .,.1 - ORDINANCE NO. j L/ lfLf -I) - AN ORDINANCE AMENDING SECTION 11.02, DRAINAGE AND STORM SEWERS, OF CITY OF LA PORTE ORDINANCE NO. 1444-A REGULATING THE PLATTING OR REPLATTING OF LAND INTO, SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE F-XlRAIERRIIo.RIALJURISDlCIlo.N_OE.J:t:tE_CILY_OF--LA_P-ORT-E;_P-ROVIDING-T-HA1-ANV- PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. - - - - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and - declares that all prerequisites of law have been satisfied, and hereby determines and declares - that the amendments to Section 11.02, Drainaae And Storm Sewers, of City of La Porte Ordinance No. 1444-A, are desirable and in furtherance of the goals and objectives stated in the - City of La Porte's Comprehensive Plan. Section 2. Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance - No. 1444-A is hereby amended by adding Exhibits "A" and liB", pertaining to the addition of a Fill - Dirt Permit, adding Fill Dirt regulations, grading standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill material; and providing for silt prevention and - revegetation standards. Said Exhibits "A" and "B" are attached to this Ordinance, and are - incorporated by reference herein as if set forth verbatim." Section 3. Section 11.02, Drainage and Storm Sewers, of City of .La Porte Ordinance - . No. 1444-A is hereby amended by adding a fill dirt permit fee. Said fee shall be $25.00 for the first 49 loads of permitted fill dirt, and $2.00/10ad for each additional load. Any person who places fill dirt on their property without first applying for and obtaining a fill dirt permit shall be guilty of a . misdemeanor. . I - ORDINANCE NO. 1444-D_ Page 2 - Section 4. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall . - violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each - day a violation of this ordinance shall continue shall constitute a separate violation. - - - - - - - - - - I I I I 1 Section 5. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall . . be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 6. If any section, sentence,. phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City. of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Govemment Code; and that this meeting has been open to the public as required by law at all times during - ORDINANCE NO. 1444.'_ Page 3 - which this ordinance and the subject matter thereof has been discussed, considered and formally - acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. - Section 8. This Ordinance shall become effective fourteen (14) days after its passage - and approval, however, implementation of this ordinance will not take place until 180 days after its passage. The City Secretary shall give notice to the passage of the notice by causing the caption - to be published in the official newspaper of the City of La Porte at least twice within ten (10) days - after the passage of the Ordinance. PASSED AND APPROVED THIS THE ti:: DAY OF rtugusr . 2003. - CITY OF LA PORTE - - BY.-!bJn~~- RMAN MA ONE, ayor - ATTESTATION: - By:L1n~ MARTHA GILL IT, City Secretary - - I APPROVED: 1 I 1 I - - - - - - - - - - - - . I I I I I I \ <!= ..,. ..,. <C ~ !:: w alOO -1-2 :I: c( ~ ~ o IX: o rn -e III o -' l!! o << c <<<< << q;E -n-5:g- I- - --- o E III ....1"'0 Cl)01t) ~Gl III ti -'ftI ~~ III o ~<< << ..<< <<<< << at ,. CO rn -e ftI o -' l!! o << .. .. << ~E n=-e o.J!!lii ~og Ill!!! E u (/)11I ::~ ID o -'<< .. .. .. 0) ,. CO rn -0 -' ~ << << co :; ~ ~ Gl CI) CIl CIl -f{'- ''P' - - - -- << << << << v oC C') rn .!! o 2 CIl CIl (/) . << << . << << co E ~ CIl CIl (I) . :; E ~. CIl CIl (/) . . << . << . ~ C') rn S 0<< 2 Gl CIl rp << . << rn -e III o -' '? ... 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Gl~lii c: ~ Glii:CIl~OO...It)l!! ~- o-e~olii ~ ~~-=o ~ DCIl~CIlGlCllE~- I~~ ia:l!!i~- c:l-~m~ m S~Q~~~==& ~- IIlrn"'o'~_Sb6~0'" ~ 1II5mc:~ = rn~e-e~:'~~CI) E= _ ~ al!ftI;o.-ec: Gloo.C:(/)(I) ~ 0>- -eal::~ c: c:~ Glo - _ftl.>oi:.>oi:-e"Gl aI ~~IIl-EOs::.u-c:" C) =O~w~== ~~oc:c:c:~R~ ~ - Gl _ - ... =-11I ~- Oftllll--(I) c:-e ,aGlGl~aB"2 - ~SOmftlE~-e~~~=alaI~~... ~~ I~Glo.~,c:gCl) € ~~oC~3:i~CIlO~~;'O'Occ2 lIIe ~ LL l!: ,5 Gl -e E 8 - J!! ftI a'iii ~ III 0 ti Gl _ U > QI Q :;) :J rn rn :; 0. __ftl"Q.ftlE~ Cl)o~c:rn~C:E~is::.Ol!!oo-_rnrn~o. ~~C:O'08ro:-'~~~SSCllE"'~-'o.l-l-~~l!!!'u<c ~ug~o9Gl~LLrno"2l!e(/)o.C-C)~"2~==00~~I~~ O'O'...(/)LLS~O LLlIIC)o. (/)1II(/)...1t)2Z~1II~1II "'NMv It) CD ~ .... CO :; m ~ m ~::~~:! ~ ~ . << c: .9 Cii "5 m Gl ~ ... o ~ ':; ~ C .9 Cii E 2 .5 -e l!! '5 0- Gl IX: II . i! It) .... - o ... C1L~ ~8 -eGl CIl,l!: em CIl~ s::.m -CI) '0> Gl~ ~= Cl)U ~ g'G1 -glii Cl)rn GiB ui =~ _-e Gl c'e -S 00. e ~m is ~= .5 ~~ It: -e!!! o OCll rn ~= 5lcoc: ! II ~~ -e III ... c: -e :>. 0:0 ftI III '" S-o..::E ... 0 CIa .~ ~~ 0 ~CI-e""" "C ... ~ C ,5 ~ is ~ Gl 0 0 s::. ~ :: ::o.!!! ~ I! ....0 S"O~J! ,,"O-ern GlIIIC:Gl ~ (j ~'5 =III>-C:- 1:;'Uo) GlGlC:c: DQ.J!!~ e_-e :!:;'iiig :600) oX ii.5 u:>.- m 2 ~ ~.~ ~"'8a E.e rn ~"O ~ci -eGl c: >-~.5~ o.!!.581 NGlErn ...J:lca.... c='ii~ 1II~ rn =- ='iii "'G1 c: III c: l:-5ia E!'Glc:_ 1IID..!!!ii -; ~ o.s::. .>oi:Qc:rnui U oc:>- .5ii:~i.g Q.GI~.!!!o EC",CI)O) ~ 0 ~ liP .5 -e>-_>= oC;;:;S';: ,. Z 0 v, _ ~ !! ~ ... N l') oq' .-- EXHIBIT,~/B" --.1 . i Cl - --'- - - - - - . I I I I I - - NOTE: CROWNED AT SECTION A-A ~--- MAX HEIGHT OFFILL 6" BELOW CROWN OF ROAD SECTION A-A LOT GRADING PROPERTY UNE LOCATION . OF A-A MAY VARY I me I I AREA I A MATCH ADJACENT GRADE A OFFSET NOTE: MIN. SLOPE 0.2% ROADWAY LARGE LOT GRAD! NG MINIMUM SWALE PROPERTY UNE CJ ::- Q ~ ~ - Q ..J ..J - t... .!. '" ..... et: Q I ..J ..J - t... I II' '" VI I.:l :- Q ..... I.! Q '" VI I.! U et: :;:) C VI I.! et: '" ~ PROPERTY UNE ..e.- MATCH ,,~ OIl PllOPEl\.'IY UHf GAAOE'TO smEE! OR ALLEY SMALL LOT I SMALL PROJECT IN CURB & GUlTER AREAS SMALL LOT/SMALL PROJECT IN OPEN CHANNEL AREAS FILL PERMIT DETAILS CITY OF LA PORTE 604 W. Fairmont Parkway Planing Dept./Eng/neering Div. l..1 Porte. Texas 77571 281-471-5020 1'\..,1'\....~I""Il.I"\.. ORDINANCE NO. ' 14l.f,lf.~ f. AN ORDINANCE AMENDING SECTION 10.00, FEES AND CHARGES, OF CITY OF LA PORTE ORDINANCE NO., 1444; ALTERING FEES FOR SITE PLANS, GENERAL PLANS, PRE;LIMJ~ARY PLAT&~ANO FI~~LJ~~ATS;_ADpl~.tG NEW FEES FOR AM_E_NDING PLATS, REPLATS, VACATING PLATS, AND DEVELOPMENT ORDINANCE VARIANCES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Section 10.00, Fees and Charges, of City of La Porte Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 10.00, Fees and Charges, of City of La Porte Ordinance No. 1444 is hereby amended by replacing current Table 10-1 with new Table 10-1, attached to this Ordinance as Exhibit U A". Said Exhibit "A" is incorporated by reference herein as if set forth verbatim. Section 3. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to. such accrued violation, the court shall have all the powers that existed prior to the effeqtive date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which .would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. :, ORDINANCE NO. 1444- t- Page 2 - Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall noLaffect the. remaining_R-ortioDS of this OrdinC:!Dce.,Jt i.s...hel.eby_d_e_cl.ar...e_dJo_b_e_tbeJote.otiQn. oL____ _ the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the Cio/ Hall of the city for the time required by law preceding this meeting, CiS required by the Open Meetings Law, Chapter 551, T~xas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The. City Council further ratifies, approves and confirms such written notice and the contents a':ld posting thereof. Section 6. This Ordinance shall become effective upon its passage and approval. - I I I I I I I I I. (I ORDINANCE NO, 1444- E.- Page 3 PASSED AND APPROVED THIS THE f!JJ-OA Y OF fr-:(D8fr ,2003. CITY OF LA PORTE ~y:J;:;;;;~--' -- N RMAN MALONE, Mayor AlTESTATION: By:~aJJ4 MAR HA GILL , City Secretary APPROVED: '1 Table 10-1 Development Ordinance 1444 Fees Site plan Major (> 10 acres) Minor (< 10 acres) General plan Preliminary plat Final plat Major subdivision (> 10 acres Minor subdivision (< 10 ac;res) ment Ordinance up to 10 ac. 150.00; each additional ac. 5.00 up to 5 ac. 100.00; each additional ac. 5.00 100.00 residential: 0-50 lots 200.00;. each additional lot 5.00. Other: 0-10 ac-200.00; each additional ac. 10.00 150.00 residential: up to 50 lots 150.00; each additional lot 5.00 other: up to 10 acres 150.00; each additional acre 10.00 100.00 150.00 Ius 5.00 er lot 100.00 150.00 ORDINANCE NO. 1444.. r- AN ORDINANCE REPEALING ORDINANCES NO. 1444-C AND AMENDING SECTION 5.04 "BUILDING LINES" OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLATTING OF LAND INTO' SUBDIVISIONS IN -' - . - 'THE CITY-OFl:A-PORTE-AND-WITIiIN -THe -EXTRA TERRITORIAl:-jtJRISDICTION-OF--- -- - - THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO, THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDIN,G A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; .AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of La Porte notes that the Sens Road right-of-way is on the City of La Porte Thoroughfare Plan, which is an integral part of the Comprehensive Plan of the City of La Porte, as a primary arterial thoroughfare; and WHEREAS the City Council of the City of La Porte takes note that Harris County has plans to expand and improve the Sens Road right-of-way as said primary arterial; and WHEREAS the City of La Porte in conjunction with Harris County seek to facilitate the expansion and improvement plans of Harris County in connection with the Sens Road thoroughfare, within the ambit of the City's Comprehensive Plan and Development Ordinance; and . WHEREAS the City of La Porte finds that the Development Ordinance states that all plans or plats should conform to the Comprehensive Plan for the extension of City thoroughfares; and WHEREAS the final dimensions of the planned expansion ot the Sens Road right-ot- way are yet to be determined; and WHEREAS development setbacks along the Sens Road right-of-way are found to be necessary to accommodate the expansion and improvement of the Sens Road right-of- way; and WHEREAS the City of La Porte finds the implementation of development setbacks to facilitate the expansion and improvement of the Sens Road right-of-way is in harmony with the requirements of the Comprehensive Plan, the Development Ordinance, and the Zoning Ordinance, within the Code of Ordinances of the City of La Porte; and WHEREAS it is the intention of the City to promote the orderly development of the City of La Porte, establish guidelines for the expansion of public thoroughfares, lessen traffic congestion, and promote and protect the public health, safety, and welfare; ORDINANCE NO. 1444-E Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, that the foregoing findings of fact are true, and the City Council hereby declares that Ordinances No. 1444-C are repealed, and the City Council further determines and declares that amendments to Section 5.04, "Building Lines" of City of La Porte Ordinan~ No. 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 5.04, "Buiiding Lines" of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "5.04 BUILDING LINES A. EXTRATERRITORIAL JURISDICTION: All building lines shall meet the minimum setback established in the R-1, low density residential district of the City Zoning Ordinance, except in the case of non-single family residential development which shall require a 20 foot minimum side yard building line adjacent to a public street. B. TRANSITION BUILDING LINES having a minimum angle of 45 degrees are to be provided where an offset in building lines is greater than 5 feet. C. The followina development setback restrictions are established for the Sens Road riaht-of-wav extendina from West Main Street to the north riaht-of-wav line of North P Street. Properties adiacent to the Sens Road riaht-of-wav extendina from West Main Street to the north riaht-of-wav line of North P ORDINANCE NO. 1444-F Page 3 Street are subiect to a development setback of 50 feet. from either side of the centerline of Sens Road. said centerline havina been established on Exhibit "A" throuah "E". ~tt~~hed h~reto and_ incorporated ~y reference . - - . iii herein. and made part hereof for all purposes. . I This restriction applies to any improvements. additions. or construction of any character on property abuttina the Sens Road riaht-of-way. and reaardless of zonina classification under this Code. The buildina setback restrictions contained in Chapter 106 of the Code of Ordinances of the City of La Porte are subiect to the restrictions contained in this section and shall commence from the 50-foot development setback restrictions promulaated herein. Section 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who !!!!!! shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a iiii separate violation. !! Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance, Development Ordinance, or I amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the - powers that existed prior to the effective date of this Ordinance; and as to such accrued I violation, the court shall have all the powers that existed prior to the effective date of this ORDINANCE NO. 1444-F Page 4 Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as . ~ violat~o_ns of thi.s. Ordin_anc~ in, the. same manner that they were violations of prior zoning ordinances of said City of La Porte. I I Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to - be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. '. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the <?ity for t~e time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. = .. ORDINANCE NO. 1444-E Page 5 PASSED AND APPROVED THIS TH~ DAY OF pe~l311~ ,2003. I I I I 1 I I I I I I I I - CITY OF LA PORTE ATTESTATION: By:1lfh/rJ ~ MA THA GILLETT, City Secretary APPROVED: . - - - ____I__...:.~IrrJ~ 1':.~---""'.&-~1ilIf --~,g"......~~ . . 1I';~i;"- 1 ~.. _rfS.... Iiiim!!!!I 5[(15 ROAD <pc. _'": .:iJ I ".lff( , ~~ '1 A ~, 'I I R 11-- J I DIl...IAl!lll' ~~~~~- 11.~~lnl. Ul -~ :.::=:;-:;;:;;;:.", ."- '''r......-....._'.-,L'''-_,,:;~~ '. Ui.';;;:'':';:=~:':;;~~.~.''';;_;;l;~ . 11 -JlJ:~----"-:r,r~-'--'--~-"-~ -- ---~--I l.'t .~::_:::;=- . . '. '. . . --- -- . -----.-- . - ------ ---.-- '....,...-. - -- at. IE~III- it:; __IIMII~ II~l~'iii; ."_M__ -I- I' tj-J " IIF . ~ " - 0 . ~ lit . . I... ',' t 1 - ~ ... ~I r l " 11;-' : ',' :;' ....1: 11",;'f ~.. . . SENS ROA ,. . '1" .) _ .. " "f _ 1 I I ,J, r t~l ' ',' ll~ " ~ . " ' \ I ~. 9 ' ", . t ;,I..... - ~ ~.tc~~\ "::i" ".' 't" ~ , - ,'. ,OUTLOT -6L', ~;; 1. ' ..~~ "" f."ic'~: 1....-:,',10 'I 1~..':., II. "-I l II 1'l , ,.... - ." '1 ( , - . . ,_ " _, .;::;'~- --.: ~ ';...-.1:1:\ ' _ ~< ~ SCALE: 1" = 100' ; , ~ - .1.', 1.(:i: ",' (' , +t1~ ....-'..1_", :' ~ 'I"l;' ..i.1t~ '"._ 'S" -...."-..Jtl<l~i..~-f\w.....^' 'J-,,}4..~~..,...!~0"'" '11,,::;1~3+ ~d.,"~Y"" ~0.4' t+- '" . ..... ~ ~~,.. ~? ; (. j-' .-.::. L '1 -- - ~ . ,. ,... EXHIBIT nAn + ' \!: ,~ . r>." I I '", I 'j, " SCALE: 1" = 100' - ]I ]I ~ - ! L" "'.... .~. ,.,., 1 ~ . . ,.... r - 'lrl : ~ : \ "{ '''I''''\'\:~ ;[ ~ , " ,':! ,'0 u;r 'OT~4 j~' , . I': ' i .11 . I;;:" ., J ~ Ii \' ,fI , 1 " (fCNT)::RPOINT": '" ' ~II I ~ ~ ~.. ~rr~:~ >!- .,.::1.' EXHIBIT "B" :'_=.,",,-.~ ':'." " . ": ?~~t~W- dt.:P'(Jf d k ~ .~L.. ~ 7"l!r I ~ 'I ,,'" L. I ole 1 -... J ,I t > . ': 11.]l . r I SCALE: 1" = 100' .,---' ".-i5' 1_,- 11< Jr-'", '" .-, - . 1111 iii' ~~ I. 1111 ( I . ~..._.n.... .:'I.~T.'';;'' " ; j :: ' ~.." t, ~~ ... ....... _ ilL!<\" . ~~,..~ : ) - , " f' IP STL." , " .f>. 1 .,.,. , ' .' , II e" ,..'-' ~V'-.-:::-::a~7 - _1'-": '81; S'~~.' SW;<<' I; . ~ <' ... ' , ,..' - <, . I ~ ,:~," ".; r:: Y' 7> :'" /: . " .. ~;;-,' I I ~ 1';"'J '" ~ ' SCALE: 1" .. 100' "0" ;- IIf'" SCALE: 1" = 100' EXHIBIT "E" SCALE: 1" = 100' (. 1;'''',<,~'/ 'i U -",,' r.;;-,,;;:,%":' I 1'[___87+5 ...~ ), -' I \' l\ 'f :"'; -:!ll"':>>'- '/"~ ?:: - -'.: l, f '. :< ~i'f: ~,\ '.":; , :-,,' i 01 G1~;f ,', . ": :; \ f l~ 1 .,~~':'d~ ~ 1 .n?';~:J':t.I:~l~J'i'- _><~~,,~., _ ___~_''''''''''._-