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Home My WebLink AboutO-2003-1444-E e . ORDINANCE NO. 1444-E AN ORDINANCE AMENDING SECTION 10.00, FEES AND CHARGES, OF CITY OF LA PORTE ORDINANCE NO. 1444; ALTERING FEES FOR SITE PLANS, GENERAL PLANS, PRELIMINARY PLATS AND FINAL PLATS; ADDING NEW FEES FOR AMENDING 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 "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 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, ORDINANCE NO, 1444- ! . 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 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 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 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 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 6. This Ordinance shall become effective upon its passage and approval. ORDINANCE NO, 1444- E e Page 3 . PASSED AND APPROVED THIS THE E- DAY OF 6cfb be I ,2003, ATTESTATION: By: APPROVED: By: CITY OF LA PORTE By: ltt;?'l~ ;;tIm~ ~ NORMAN MALONE, Mayor e e:m UJe./ ~ ll~ aJ:> i ~ CITY OF LA PORTE 604 W, Fairmont Parkway, La Porte, TX 77571 www.cLla-porte.tx.us Phone: (281) 471-5020 I Fax (281) 471-7168 REcn\:r.flJ' ~ ~....r. " L-. MAY 0 6 2004 MrnMORANDUMFORRECORD April 23, 2004 TO: Director, Planning Department .10' " 'f'll\ !---t FROM: John Joems, Assistant City Manager-' j l SUJECT: Clerical Error, Table 10-1, Development Ordinance 1444 Fees PLAri1NING DE~T. A clerical error was made while changing the City fees in Table 10-1 of Development Ordinance 1444. The correct table is as follows: Table 10-1 D I 0 d. 1444 F eve onment r mance ees Site Plan Major (>10 acres) up to 10 ac. $150.00; each ~------------ _ _ _ _ _ a.2dJ!!~~a~=-$~~ _ _ _ __ Minor (<10 acres) up to 5 ac. $100.00; each additional acre $5,00 General Plan $100.00 Preliminary Plat Residential: 0-50 lots $200.00; ~------------ I- _ _ _ _ ~c!!. ~~~~I2! ~2.0_ _ __ Other: 0-10 ac, $200,00 each additional ac. $10.00 Final Plat Major Subdivision (>10 acres): Residential: up to 50 lots ------------- $150,00; each additional lot $5,00 ~----------------- Other: up to 10 ac. $150.00; each additional ac. $10.00 Minor Subdivision (<10 acres): $150.00 Amending Plat: $100.00 ReDlat: $150.00 plus $5.00 per lot Vacatina Plat: $100.00 :Variance: $150.00 (Development Ordinance) Ensure that all corrections are posted accordingly, John Joems Assistant City Manager Table 1 Proposed Fee Changes- June 2003 Development Ordinance 1444 Fees - Proposed Current Site plan 10 ac, 150.00; each additional ac. 5.00 up to 5 ac. 100.00; each additional ac, 5.00 100,00 up to 10 ac, 50.00; each additional ac, 5.00 up to 5 ac. 15,00; each additional ac. 5,00 0-10 ac 25,00; each additional acre 2,50 up to Major (> 10 acres) Minor (< 10 acres) General plan residential: 0-50 lots 200.00; each additional lot 5.00. Other: 0-10 ac-200.00; each additional ac. 10.00 0-50 lots 50.00; each additional lot 1,00 Other: 0-10 ac-50.00; each additional ac. 5.00 residential Preliminary plat Final plat - 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 olus 5,00 per lot 100.00 150.00 150.00 Entire subdivision 50.00 up to 50 lots 50.00; each additional lot 1.00 10 acres 50.00; each additional acre 5.00 up to residential other: Major subdivision (> Minor subdivision (< 10 acres) 10 acres) no fee established no fee established no fee established no fee established Amending Plat Replat Vacating Plat . Variance CDevelooment Ordinance) e e Table 1 Development Ordinance 1444 Fees Site plan Major (> 10 acres) up to 10 ac. 150,00; each additional ac. 5,00 Minor (< 10 acres) up to 5 ac, 100.00; each additional ac, 5.00 General plan 100,00 Preliminary plat residential: 0-50 lots 200,00; each additional lot 5,00. Other: 0-10 ac-200.00; each additional ac. 10,00 Final plat Major subdivision (> 150,00 10 acres) Minor subdivision (< residential: up to 50 lots 10 acres) 150,00; each additional lot 5,00 other: up to 10 acres 150.00; each additional acre 10,00 Amendina Plat 100,00 Reolat 150,00 olus 5,00 oer lot Vacatina Plat 100,00 Variance lDevelooment Ordinance) 150,00 Table 2 Fee Survey of other Cities - June 2003 Development Ordinance 1444 Fees La Porte "Proposed" 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; eac~ additional ac. 10,00 La Porte "Current" up to 10 ac. 50.00; each additional ac. 5.00 up to 5 ac. 15.00; each additional ac. 5.00 0-10 ac 25.00; each additional acre 2.50 residential: 0-50 lots 50.00; each additional lot 1.00 Other: 0-10 ac-50.00; each additional ac. 5.00 150,00 residential: up to 50 lots 150.00; each additional lot 5,00 other: up to 10 acres 150.00; each additional acre Entire subdivision 50.00 residential: up to 50 lots 50,00; each additional lot 1.00 other: up to 10 acres 50.00; each additional acre 5,00 400.00 plus 4.00 per lot 200.00 plus 15.00 per acre and 8.00 per lot 500,00 150.00 amending plat 150.00 filing fee and 4.00/lot; replat 200.00 and 4.00/10t Site plan Major (> 10 acres) Minor (< 10 acres) General plan Preliminary plat Final plat Major subdivision (> 10 acres) Minor subdivision (< 10 acres) Pearland 30,00 League City 0-1 ac-250.00 1-2,5 ac-375.00 2,5-5 ac-500.00 5-10 ac-625,OO Over 10 ac- 750.00 Park Deer Friendswood 100.00 Baytown 20.00 400.00 plus 6.00 per lot 200,00 plus 15.00 per acre and 8.00 per lot first page 165.00; each additional page 60,00 conceptual plan 200.00 1,000.00 150.00 base plus 3.00 per lot I La Porte "Proposed" 10.00 100.00 La Porte "Current" J 150.00 plus 5.00 per lot 100.00 150.00 no fee established no fee established no fee established no fee established Baytown FriendSw~ Deer Park _ League City Pearland =t 1~.OO I Ordinance) Amending Plat Replat Vacating Plat Variance (Development e - .~ . ( e . ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 ~ ~ KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS TELEPHONE 281 471-1886 TELECOPIER 281471.2047 E-MAIL: kwaskinsllilaol.com iohn-allilswbell.net ctasklnsllilswbell.net City Council 4~ 'f:J 0/ City of La Porte \ 604 W. Fairmont Pkwy. La Porte, TX 77571 October 13, 2003 RECE9VED CC! 1 S 2~rr3 CITY SECRETARY'S OFFice RE: City Council Agenda Item No.8; Consider approval or other action regarding an ordinance approving a special conditional use permit for La Porte Golf Course Community - Ordinance 2003-2665 Dear Mayor and Council: I wish to advise you as to the law in connection with the above-referenced agenda item, being Ordinance 2003-2665. It has come to my attention that there might be some confusion regarding the issue, in connection with whether or not a three- fourths vote of City Council is required to approve the Planning & Zoning Commission's recommendation, or whether a mere simple majority of City Council is required to approve the recommendation of the Planning & Zoning Commission. As you know, the Planning & Zoning Commission voted 7-0 to approve the referenced special conditional use permit and forwarded it on to City Council for consideration. I direct you to Section 106-171 (8) of the Code of Ordinances of the City of La Porte, which states: Vote to overrule: the affirmation vote of at least 3/4ths of the City Council is required to overrule a recommendation of the City Planning & Zoning Commission be denied. This section only applies if the Planning & Zoning Commission has voted to deny a change to the Zoning Ordinance or zoning boundaries. In this case, the City's Planning & Zoning Commission unanimously voted to approve the special conditional use permit and general plan, and therefore, has recommended to City Council that a change to the Zoning Ordinance and/or zoning boundaries be approved. Thus, section 106-171(8) of the Code of Ordinances of the City of La Porte does not apply. J , ~ - "" . e Therefore, a simple majority of City Council is needed to approve Ordinance 2003-2665. By the same logic, a simple majority of City Council would be needed to disapprove Ordinance 2003-2665. I hope this clears up any confusion on the matter, and as always, I submit this letter, JDA:las . . REQUEST FOR CITY COUNCIL AGENDA ITEM 2003 Aopropriation Source of Funds: N/A N/A N/A Department: Plannin!! Account Number: Report: _Resolution: _Ordinance: ..L- Amount Budgeted: Exhibits: Table 1 - Proposed Fee Changes Table 2 - Fee Survey of other Cities Ordinance Amount Requested: Budgeted Item: N/A YES NO SUMMARY & RECOMMENDATION The Planning Department submits amendments to the Development Ordinance (1444) fee schedule. These fees will affect the General Plan, Preliminary Plat, Final Plat, and Site Plans. (See attached Table 1.) Table 2 is attached for background information. This table provides a survey of the fees charged in nearby cities, our current fees, and our proposed fees. Currently, no fees are collected for the following items: Amending Plat, Replat, Vacating Plat, and Variance (Development Ordinance). Survey results for nearby cities are incomplete. However, cities customarily charge the Final Plat fee for the above plat related activities. Table 2 also shows the proposed City of La Porte fees for these activities. Action .aeauired bv Council: ton~ider adopting changes to Section 10: Table 10-1 Development Ordinance Plat Fees. ADD~~yed for City Council A!!enda edu /O-2--/J3 Date