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Home My WebLink AboutO-2016-3640 Chapter 86 "Development Regulations" Appendix - A "Fees"ORDINANCE NO. 2016-3640 AN ORDINANCE ESTABLISHING CHAPTER 86 "DEVELOPMENT REGULATIONS" APPENDIX — A "FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY DESIGNATING FILING FEES FOR PLANS, PLATS AND WAIVERS; AMENDING CHAPTER 62 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" REGARDING RIGHT-OF-WAY CLOSURES, AND AMENDING CHAPTER 62 APPENDIX -A FEES BY REVISING RIGHT-OF-WAY CLOSING APPLICATION FEE; AND, AMEDING CHAPTER 106 "ZONING" APPENDIX -A "FEES", BY REVISING FEES FOR ZONE CHANGES, SCUPS, VARIANCES, SPECIAL EXCEPTIONS, AND APPEALS OF ENFORCEMENT OFFICER DECISION; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62, "Streets, Sidewalks and Other Public Places," Article II "Vacating, Abandoning and Closing Streets and Alleys", Section 62-35 "Final determination by city council; appraisal; conveyance; exemptions", of the Code of Ordinances, LaPorte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 62-35. - Final determination by city council; appraisal; conveyance; exemptions. (a) Upon compliance with all provisions of this article, the city council shall make a final determination as to whether or not an application filed under this article shall be granted or denied. The city council may waive bid procedures and publication requirements in the sale or the disposal of real property interests belonging to the city in the following circumstances: (1) Narrow strips of land, or land so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development control ordinances, in which event such land may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (2) Streets or alleys, whether owned in fee or used by easement, in which event such land or interest may be sold to the abutting owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (3) All types of easements where the abutting property owners also own the underlying fee simple title, in which event such land or interest may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (4) Any land or interest therein which was originally acquired for the purpose of streets, rights-of-way or easements, which the city chooses to trade or exchange as consideration for other land acquired for streets, rights-of-way or easements, including transactions which may be partly for cash and partly by trade or exchange; (5) Land owned by the city which it desires to have developed by contract with an independent foundation; or (6) Any interest in land that is conveyed by the city to a governmental entity having the power of eminent domain. (b) Any conveyance, sale or trade made under the provisions of this article shall never be for less than the fair market value of the land or interest being conveyed, or sold or traded, as determined by an appraisal obtained by the city, which shall be conclusive of the fair market value of such land or interest. In conducting such appraisal, the appraiser shall appraise the tract of land sought to be closed or conveyed as if it were an integral part of the adjoining or abutting tracts of land, and as if the city owned such tract of land in fee. In all cases fair market value shall be considered the 100% fee simple value as determined by such independent appraisal, whether the city owns the land in fee simple or has an interest in the tract of land, including a street, alley or easement. (c) Governmental entities shall be exempted from the payment of fair market value to the city. (d) The fair market value received in the vacating, abandoning and closing of the street, alley or easement, unless otherwise directed by the city council, shall be deposited by the city into the general capital improvement fund to be used for general capital improvements throughout the city." Section 2: That Appendix — A "Fees", Chapter 62, "Streets, Sidewalks and Other Public Places," Article II "Vacating, Abandoning and Closing Streets and Alleys", of the Code of Ordinances, La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Chapter 62. Streets, Sidewalks and Other Public Places Article II. Vacating, Abandoning and Closing Streets and Alleys (a) Application fee to vacate, abandon or close (minimum) 300.00 62-32(a)" Section 3: That Appendix — A "Fees", Chapter 86, "Development Regulations," Article I "In General", of the Code of Ordinances, LaPorte, Texas, is hereby established and shall hereinafter read as follows: "Chapter 86. Development Regulations Article I. In General (a) General Plan (b) Site Plan (1) Major (Greater than 10 acres) (2) Minor (Less than 10 acres) (c) Plat (1) Preliminary Plat a. Residential b. Non -Residential (2) Final Plat a. Residential b. Non -Residential 250.00 86-6 86-7 300.00 up to 10 acres; each additional acre 5.00 200.00 up to 1 acre; each additional acre 5.00 200.00 for 0-50 lots; each additional lot 5.00 350.00 for up to 10 acres; each additional acre 10.00 200.00 for 0-50 lots; each additional lot 5.00 350.00 for up to 10 acres; each additional acre 10.00 (3) Administrative Plat a. Residential 250.00 b. Non -Residential 350.00 (4) Amending Plat a. Residential 150.00 b. Non -Residential 250.00 (5) Replat a. Residential 150.00 b. Non -Residential 250.00 (6) Vacating Plat a. Residential 150.00 b. Non -Residential 250.00 (d) Waiver 86-26 a. Residential 150.00 b. Non -Residential 250.00" Section 4: That Appendix — A "Fees", Chapter 106, "Zoning," Article II "Administration", of the Code of Ordinances, La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Chapter 106. Zoning Article II. Administration (a) Zoning permits 50.00 106-149 (b) Application fees: (1) Zone change request (2) Special conditional use permit (3) Variance request a. Residential b. Commercial (4) Special exception request a. Residential b. Commercial (5) Appeal of enforcement officer's decision a. Residential b. Commercial 400.00 106-149 400.00 106-149 150.00 150.00 250.00 150.00 250.00" 106-149 106-149 106-149 Section 5: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 6: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 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 is 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 Chapter 551, Tx. Gov't 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 8. This Ordinance shall be effective immediately upon passage its passage and approval. PASSED AND APPROVED this the A day of SEPTEMBER, 2016. w LI APPROVED: T. Assistant City Attorney