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Home My WebLink AboutO-1998-1444-B . . . e OR\G\NAl ORDINANCE NO. 1444- B 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 SECTION 4.06 AMENDING RECORDED SUBDIVISION PLATS; 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 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 . . .' ORDINANCE NO. 1444- . Page 2 . 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 the Planning Commission within the time 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 D 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 , : ORDINANCE NO. 1444--'- Page 3 . 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 shall not disapprove the Amending Plat and shall refer any plats 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 or 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 ordinances 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 I clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. r ORDINANCE NO. 1444-_' Page 4 . 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 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. PASSED AND APPROVED THIS THE l!i!nAY OF ..P~ fO-R( ,1998. CITY OF LA PORTE By:Jbff~~ NORMAN MALONE, Mayor .' . .. ORDINANCE NO. 1444- . Page 5 ATTESTATION: By: M~RTHA GILLETT, City Secretary e e City of La Porte Established 1892 December 7, 1998 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: On November 19, 1998, the Planning and Zoning Commission unanimously consented to forward to Council, an amendment to Development Ordinance 1444. This amendment would allow staff to approve minor plats that involve four or fewer lots (must be less than 10 acres) that front on an existing street and do not require the creation of any new street or extension of municipal facilities. Respectfully Submitted, . caJ~ Betty . Waters Planning and Zoning Commission, Chairperson c: Robert T. Herrera, City Manager John Joems, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission P.o. Box 1115 · La Porte. Texas 77572-1115 · (713) 471-5020 e e Planning De palinl e nt Memo To: Planning and Zoning commi~on~ From: Doug Kneupper) Planning Directo l CC: Date: 11/13/98 Re: Minor Plats Previously, Commission members have discussed a possible ordinance amendment allowing staff to approve minor plats (involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities). This item was taken to City Council on October 26, 1998. After some disQJssion, the item was tabled and directed back to the Commission to look at a size of lot or acreage restriction. After discussions with Assistant City Manager, John Joems and Assistant City Attomey, John Annstrong I am recommending that a 10-acre limit be included in the proposed ordinance amendment. This would require that the entire plat of four or fewer lots be less than 10 acres. This is a reflection of our existing ordinance that allows staff approval of a Minor Development Site Plan of less than 10 acres and requiring Commission approval of Major Development Site Plans over 10 acres. At the discretion of the Commission, staff can prepare the necessary ordinance amendments for City Council consideration. ePagel