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HomeMy WebLinkAbout02-18-16 Regular Meeting of the Planning and Zoning CommissionCity of La Porte Planning and Development Department City of La Porte Planning and Zoning Commission Agenda Notice is hereby given of a Regular Meeting of the La Porte Planning and Zoning Commission to be held on Thursday, February 18, 2016 at 6:00 p.m. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below: 1. Call to order. 2. Roll call of members. 3. Consider approval of meeting minutes: January 21, 2016 Meeting. 4. Consider a request by Stripes LLC for approval of a waiver to the city's Design Guidelines (Exterior Fagade Materials) as outlined in Section 106-928 of the Code of Ordinance for the proposed Stripes Gas Station and Convenience Store proposed at the southeast corner of W. Main Street (Spencer Highway) and Bay Area Boulevard (Sens Road). 5. Consider a request by Liberty Property Trust for approval of a waiver to the city's Design Guidelines (Exterior Fagade Materials) as outlined in Section 106-928 of the Code of Ordinance for the proposed warehouse distribution facility at 1801 S. 161" Street (southeast corner of S. 161n Street and Export Drive). 6. Consider a request by Liberty Property Trust for approval of a major development site plan for a proposed warehouse distribution facility at 1801 S. 161" Street (southeast corner of S. 161" Street and Export Drive). 7. Open a public hearing to receive input on proposed modifications to Ordinance No. 1444, more commonly known as the City of La Porte Development Ordinance, regulating review process for subdivisions, site plans and other development -related requirements and codifying the regulations as part of Chapter 86 of the City of La Porte's Code of Ordinances. a. Staff Presentation b. Applicant Presentation c. Public Comments (for, against, or questions) d. Question and Answer 8. Close public hearing. 9. Consider a recommendation to the La Porte City Council on the proposed modifications to Ordinance No. 1444 and the codification of those regulations as part of Chapter 86. 10. Administrative reports. 11. Commission comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 12. Adjourn. A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by the Council. In compliance with the Americans with Disabilities Act, The City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281-470-5019. City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Planning and Zoning Commission Agenda Thursday, February 18, 2016 Page 2 CERTIFICATION I certify that a copy of the Thursday, February 18, 2016, agenda of items to be considered by the Planning and Zoning Commission was posted on the City Hall bulletin board on the day of .2016. Title: City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Planning and Zoning Commission Minutes of January 21, 2016 Commissioners Present: Helen LaCour, Richard Warren, Nick Barrera, Mark Follis, Larry Stockham, and Hal Lawler Commissioners Absent: Trey Kendrick, Wyatt Smith, Lou Ann Martin City Staff Present: Director of Planning and Development Tim Tietjens, City Planner Eric Ensey, Assistant City Attorney Clark Askins, and Planning Technician Ryan Cramer 1. Call to order. Chairman Hal Lawler called the meeting to order at 6:08 p.m. 2. Roll Call of Members. Commissioners LaCour, Warren, Barrera, Follis, Stockham, and Chairman Lawler were present for roll call. City Planner Eric Ensey introduced new Commissioner Larry Stockham. 3. Consider approval of meeting minutes: December 17, 2015 Meeting Motion by Commissioner Barrera to approve the meeting minutes of December 17, 2015. Second by Commissioner Stockham. Motion carried. Ayes: LaCour, Warren, Barrera, Follis, Stockham, and Lawler Nays: 4. Open a public hearing to receive input on an application for Zone Change Request #15-92000003, a request by Bayway Homes Inc. to rezone a 0.575 acre tract of land located at the southeast corner of N. 1st Street and the unimproved E Street right-of-way also known as Lots 1-8, Block 108, Town of La Porte Subdivision from General Commercial (GC) to Medium Density Residential (R-2). *Note: Chairman Lawler suspended the agenda at this time to move to agenda items 8,9,10 and 11. Agenda items 4, 5, 6, and 7 were considered after agenda item 11. a. Staff Presentation City Planner Eric Ensey presented the staff reports for agenda items 4 through 7 concurrently. Mr. Ensey said that this was brought forward by Bayway Homes in order for them to build houses on the land. The City tried to contact surrounding land owners and they were not interested in participating in the zone change request. There is already some single family Planning and Zoning Commission Minutes of January 21, 2016 Page 2 of 6 detached in the GC zone north of Adams Street. Market conditions have not demanded the depth of an entire block be commercial. Commissioner Warren pointed out that there was conversation about changing the whole backside of Broadway back to residential as it used to be. Written notice was mailed to owners of real property within 200 feet of the site within 10 days of the hearing and in this case notice was sent to all property owners and residents within the rezoning area Mr. Ensey noted that the City received four public responses, three in opposition and one in support. Commissioner Warren commented on existing homes on N I" St. that the City may have participated in construction. b. Applicant Presentation Applicant did not attend the meeting and did not give a presentation. c. Public Comments There were no public comments. d. Question and Answer There were no questions. 5. Close public hearing Chairman Lawler closed the public hearing at 7:45. 6. Consider a recommendation to the LaPorte City Council on Zone Change Request #15-92000003. Motion by Commissioner Warren to recommend to City Council approval of the proposed rezone of a 0.57 acre tract of land legally described as Lots 1-8, Block 108, Town of La Porte Subdivision, City of La Porte, Harris County, Texas from GC to R-2. Second by Commissioner Follis. Motion carried. Ayes: LaCour, Warren, Barrera, Follis, Stockham, and Lawler Nays: 7. Consider a recommendation to the La Porte City Council on a proposed amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for a 0.575 acre tract of land located at the southeast corner of N. 1st Street and the unimproved E Street right-of-way also known as Lots 1-8, Block 108, Town of La Porte Subdivision from "Commercial' use to "Low -Density Residential' use. Planning and Zoning Commission Minutes of January 21, 2016 Page 3 of 6 Motion by Commissioner Barrera to recommend approval to City Council of an amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for a 0.575 acre tract of land located at the southeast corner of N. 1st Street and the unimproved E Street right-of-way also known as Lots 1-8, Block 108, Town of La Porte Subdivision from "Commercial" use to "Low -Density Residential" use. Second by Commissioner LaCour. Motion carried. Ayes: LaCour, Warren, Barrera, Follis, Stockham, and Lawler Nays: 8. Open a public hearing to receive input on an application for Zone Change Request #15-92000004, a request by Warwick Homes Inc. and the City of La Porte to rezone an approximately 3.9 acre tract of land located on Fairmont Parkway east of Willmont Road further described as Reserve B and C, Willmont Commercial Park Amended Subdivision (owned by Warwick Homes) and Tract 33 Treat Plant Site, Abstract 482, Williams Jones Survey (owned by the City of La Porte) from Neighborhood Commercial (NC) to General Commercial (GC). a. Staff Presentation City Planner Eric Ensey presented the staff report for agenda items 8-11 concurrently. The proposal was a zone change request for a 3.9 acre tract on Fairmont Parkway between Big Island Slough and Willmont Road. This was brought forward by Warwick Homes in an effort to make the land more marketable. The proposed zone change would be in line with other General Commercial zoned tracts along Fairmont Parkway. Written notice mailed to owners of real property within 200 feet of the site within 10 days of the hearing and in this case. The City received six responses from the mail -out, five were opposed and one was in support. b. Applicant Presentation Applicant Tom Cauthen (4620 N Braeswood Houston, TX) purchased the subject property from the City of La Porte. Mr. Cauthen worked with the City to rezone the property to Neighborhood Commercial. There was discussion on drainage, intended use and traffic circulation. Mr. Cauthen claimed that it will not sell as Neighborhood Commercial zoned property. Commissioner Barrera asked what he intends to build on it and Mr. Cauthen did not know, it just depends on who buys it. It won't be a retail center. Commissioner Stockham discussed access to the site. Commissioner Stockham questioned if the City's lift station was landlocked. Staff confirmed that it does have an access point. Commissioner Warren discussed about Mr. Cauthen's inability to sell the property. Planning and Zoning Commission Minutes of January 21, 2016 Page 4 of 6 Director of Planning and Development Tim Tietjens said that the City has been partnering with Harris County to work on the lights and add some turning lanes to make those intersections more like the Willmont intersection. c. Public Comments Sherri Andrews (10122 Roseberry Drive) spoke against the zone change. As an adjacent property owner she felt that it put their home at a greater risk to be broken into as well as hurting home values. She further expressed concerns with traffic and drainage. Charles Brightenbach (10110 Roseberry) spoke against the zone change stating concerns with a drainage problem that impacts his property. Discussion occurred over the drainage problem and Chairman Lawler stated that staff has been made aware of the problem. Linda Brightenbach (10110 Roseberry) spoke against the zone change. She discussed grading and drainage issues. Commissioner Follis offered to follow up with Public Works about it. Joseph Droll 3831 Roseberry, was against the zone change because he wants to know the intended use of the property. He also discussed wildlife displacement in the area. Director of Planning and Development Tim Tietjens noted that the applicant could build on it now if a Neighborhood Commercial use came in and wanted to use it. He also discussed the issue of drainage and, though it is a civil matter, he indicated that the City would work with Mr. Cauthen on a solution. Commissioners Barrera and Follis suggested that the City should require as -built drawings for all developments. Sherri Andrews also expressed concern with the height of any development. Commissioner Follis stated that there are a number of undesirable uses that are currently allowed in the NC district. d. Question and Answer There were no questions. 9. Close Public Hearing Chairman Lawler closed the public hearing at 7:21. 10. Consider a recommendation to the La Porte City Council on Zone Change Request #15-92000004 Motion by Commissioner Follis to recommend to City Council, approval of proposed rezoning of Reserve B and C, Block 1, Willmont Commercial Park Amended Subdivision, and Tract 33 Treat Plant Site, Abstract 482, William Jones Survey, City of La Porte, Harris County, Texas, from Neighborhood Commercial (NC) to General Commercial (GC). Planning and Zoning Commission Minutes of January 21, 2016 Page 5 of 6 Second by Commissioner Warren. Motion carried. Ayes: LaCour, Warren, Barrera, Follis, Stockham, and Lawler Nays: 11. Consider a recommendation to the La Porte City Council on a proposed amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for an approximately 3.9 acre tract of land located on Fairmont Parkway east of Willmont Road further described as Reserve B and C, Willmont Commercial Park Amended Subdivision (owned by Warwick Homes) and Tract 33 Treat Plant Site, Abstract 482, Williams Jones Survey (owned by the City of La Porte) from "Neighborhood Commercial" use to "Commercial" use. Motion by Commissioner Warren to recommend to Council an amendment to the Future Land Use Plan component of the La Porte Comprehensive Plan by amending the land use designation for an approximately 3.9 acre tract of land located on Fairmont Parkway east of Willmont Road further described as Reserve B and C, Willmont Commercial Park Amended Subdivision (owned by Warwick Homes) and Tract 33 Treat Plant Site, Abstract 482, Williams Jones Survey (owned by the City of La Porte) from "Neighborhood Commercial" use to "Commercial" use. Second by Commissioner Barrera. Motion carried. Ayes: LaCour, Warren, Barrera, Follis, Stockham, and Lawler Nays: 12. Administrative Reports Director of Planning and Development Tim Tietjens said that the vote on the Family Entertainment Center passed City Council unanimously. 13. Commission comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Commissioner Warren complimented the Commission's ability to look beyond the concerns of the nearby home owners. Commissioner Barrera wants to add an existing topographic map, drainage plan and an as built topographic map to the permit process. Commissioner Follis indicated that the fill dirt permit is being reviewed currently. Commissioner Follis informed the group that revisions to the development ordinance are nearly complete. He also suggested that they consider changing the Future Land Use Plan as it relates to the Northside before it was initially set to be discussed. Commissioner Stockham asked about the buffer between residential and commercial. Planning and Zoning Commission Minutes of January 21, 2016 Page 6 of 6 14. Adjourn Motion by Commissioner Warren to adjourn. Second by Commissioner LaCour. Chairman Lawler adjourned the meeting at 7:59 p.m. Respectfully submitted, Ryan Cramer Secretary, Planning and Zoning Commission Passed and Approved on Hal Lawler Chairman, Planning and Zoning Commission 2016. City of La Porte, Texas Planning and Zoning Commission February 18, 2016 AGENDA ITEM 4 Consider a Waiver Request to the City's Design Guidelines (Exterior Fagade Materials) for the Proposed Stripes Convenience Store and Gas Station at the Southeast Corner of W. Main Street (Spencer Highway) and Bay Area Boulevard (Sens Road). Applicant: Stripes LLC Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas rrrur;? Sri'} /r,rir�? ("u rrrrrrirJri I't r' it r A t 't11, Jt ia.ra �r.l ?r IJ r'}r llrt a l/�1 Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission approve a request by Stripes LLC for a waiver to the city's exterior facade materials design guidelines for construction of new Stripes Convenience Store and Gas Station at the southeast corner of W. Main Street (Spencer Highway) and Bay Area Boulevard (Sens Road)? DISCUSSION The site is subject to the city's Design Guidelines as outlined in Article IX of Chapter 106 of the city's Code of Ordinances. Section 106-928 outlines various architectural design guidelines, including building form, building articulation, roof, architectural design elements, and exterior facade materials. Because this site fronts Spencer Highway, the code requires 50% of the building's facade be covered by stone or masonry materials for a Tier 2 building and 50% for other materials such as stucco, architectural block, cementitious fiberboard, EIFS (above 14 feet), and painted, colored or stamped tilt -wall. The applicant is requesting consideration of a waiver to the city's Design Guidelines concerning Exterior Facade Materials. Their proposal includes the use of a cementitious fiberboard material on all facades of the building. Although this is a masonry product and will result in the building being fully covered by a masonry product, the code requires the use of stone and/or brick to cover 50% of the facade. Section 106-927 of the city's Code of Ordinances states that the Planning and Zoning Commission may approve a waiver request subject to two findings. The following is a list of those findings: 1. The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. 2. The proposed building will result in an attractive contribution to the community. In reviewing this waiver request, staff is concerned with waiving the use of brick or stone. The city's design guidelines intentionally specify this requirement to add quality and diversity to the architectural design of buildings within the community. As a result, staff is not supportive of the waiver request. All development should comply with the design guideline regulations. Staff is P|annin�andZonin�Commissionu|ar�Weetin� Februaryl�2OlG Desi�nGuideUnesVVaiver-Sthpes concerned that a deviation from these requirements has the potential to set an expectation for other development. ATTACHMENTS Exhibit A: Applicant Letter and Building Elevations ExhibitB: Area Map ExhibitC: Section 106-928,Arohiteotuna| Design Guidelines February 1, 2016 Mr. Eric J. Ensey, City Planner City of La Porte Planning & Development 604 W. Fairmont Parkway LaPorte, Texas 77571 RE: ARTICLE IX. - DESIGN GUIDELINES FOR GC, NC AND BI DISTRICTS Dear Mr. Ensey, We would like to submit the attached Exhibit for consideration of our Stripes Prototype Design in conjunction with the City of La Porte's Design Guidelines. The location we are referencing specifically is the Stripes site located at Spencer and Bay Area, for Tier 2 compliance specifically. Our interpretations and requests for deviation are included in the comments below, which correspond to the attached Elevation, Floor Plan and colored perspective. Sec. 106-928 — Architectural Design Guidelines (a) Building Form: While our wainscot / base extends to a height of 9'-0", the awning clearly defines this separation between a `base' and a `middle' component, as the color and/ or material changes here as well to further define a separate component. The design includes a top / fascia along the tops of the walls as well. (b) Building Articulation (la) Horizontal Articulation: - Convenience Store side ---Height is 21'-8" x 3 = 65', however, our wall length is just over this at 67'-8". There is an offset of 6' (21'-8" x 25% = 5.42' offset depth required) that extends a width of 15'-8" (67'-8" x 25% = 16.92' width required). We would ask that these be approved with the current design, as we feel the intent is met with the variation of the wall planes and depths albeit the exact dimensional requirements are not met. - Restaurant side---19'-8" x 3 = 59', the current wall length is 28'-0" and, therefore, is compliant with the length restriction. There is an offset of approximately 3' (19'-8" x 25% = 4.92' offset depth required) that extends a width of 15'-6" (28'-0" x 25% = 7'). We would ask that the dimension of the offset depth be approved as is, as we feel the intent is met with the variation of the wall planes and depths. (lb) Vertical Articulation: 1705 S. Walton Blvd., Suite 3, Bentonville, Arkansas 72712 Phone 479.273.7780 Fax 888.520.9685 www.hfa-ae.com �I Page 2 Convenience Store side ---Height is 21'-8" x 3 = 65', however, our wall length is just over this at 67'-8". Wall height of 21'- 8" x 25% = 5.42' height change required. We have a height change of 3'-0" from this portion of the building to the tower element. Again, although the exact dimension required is not met, we feel we are meeting the intent of the guidelines by varying the roof height and would ask this be approved as currently designed. Restaurant side --- 19'-8" x 3 = 59', the current wall length is 28'-0". Wall height of 19'-8" x 25% = 4.92' height change required. We have a height change of 5'-0" from this portion of the building to the tower element and therefore are compliant with the required dimensional changes. (c) Roofs: Not applicable. (d) Architectural Design Elements (1) The design includes 3 of the design elements in the list: a. awnings; c. vertical elements (tower); and e. outdoor patio. (2) Not applicable. (3) Tier 2 to incorporate no less than two of the architectural elements, we include three as listed in item 1. (4) Not applicable. (e) Exterior Facade Materials (1) The elevations are comprised of factory primed Nichiha Fiber Cement Board panels, Illumination and Architectural Block series. We would interpret that the City consider these to be the cementitious fiberboard listed under Group B (although the installation is not lap siding or board and batten). Additionally, we would ask that the Nichiha VintageWood series panels used for the tower elements be classified aethetically as Wood under Group C. These panels provide the look and beauty of wood, backed by the longevity and durability of fiber cement. (2) None of the listed prohibited materials are included in our facade design. (3) Not applicable. (4) The dominant color of the building is a muted gray. However, the upper portion of the building on the convenience store side contains variations of 3 blues, specific to the Stripes and Sunoco brands and brand identity. Additionally, the green on the Laredo Taco Company (LTC) side of the building is the trademarked LTC green color, also specific to its brand recognition. 1705 S. Walton Blvd., Suite 3, Bentonville, Arkansas 72712 Phone 479.273.7780 Fax 888.520.9685 www.hfa-ae.com P°a We appreciate your consideration in your review for compliance and deviation approval, and look forward to our continued partnership with the City of La Porte and the Stripes Sunoco team. Respectfully, f tnrArehitect A, LEES AP Pr 479.273.7780 cxt. 296 :I.,iiiit cook/(rL�hia-ac.coaii 1705 S. Walton Blvd., Suite 3, Bentonville, Arkansas 72712 Plione 479,273,7780 Fax 888.520.9685 www.hfa-ae.corn z Q. 0 u 0 u o II rr r: Ln u.u.0 .. Ln r° tlIIIIIIIIN dii Im i �m _ LN StlX1'30d nve a a3oN3ds wa NolionisNooaoai niNo3oN3a3a3ai 3l�OLN0000 Elm �Sv3av edulsILSLL 80 - of S# I I 1N 0589 a0j 1300W 1181H;C3 NOI1tlA313\a�npa�iy>ryEsauildusipyz.�uad5 Xl aUod el 6600PS1U l\Ol\sPafoJd S 10E110aliJ-eJ4\\ �° IG zW 5 ryy _ mm�w oo j�F�i tlIIIIIIIIN dii im i �m ...77 ,; 37 18od tl HV Atl FHAON3ds 0000 � d N NouonaisNooaoAioN n1No 3oN3a3�3a \ nn3v�a ao� 00 � O O �seduls w , Q a W LL 0 o = w 0 o a z w s o w m w _o 0 _ 1 0 au 0 o e �z i i 1 n � 1 0 �a au ILL i- spaw w �oaoa 1 0 I I ILL ZO I I 1 >„ I 1 J W _ p g m_ so H ; ILL. Lu J die ¢i po m o p i n E _w i LL 1° i w 0 0 p =I mo = - � 1 p o m� 1 o i �o i _ o 1 I 0 1 1 O o W� 9L AIL _ _ III _ 9I- .0 1' 0999 HOj 1300W 1I81HX3 Xi apod el t6000S l 0 L\0L\-1 Sec. 106-928. Architectural design guidelines. (a) Building Form (Applicable to Tier 1 and 2) (1) All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle and top. Examples of Single Story Tri-Partite (b) Building Articulation (Applicable to Tier 1 and 2) (1) Primary facades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation: a. Horizontal Articulation. No building wall shall extend for a distance equal to 3 times the wall's height without having an off- set equal to 25% of the wall's height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane. b. Vertical Articulation. No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wall's height. (c) (d) BUILDING ARTICULATION EXAMPLES HORIZONTAL Articula.t.ioi7 5 h.(2 5 %Y ;, iT, unuuu-nunuuu.u�rr� fir/ V r . 4 VERTICAL Articulatioill CT777`" , % o w�7/' it ;� 15, rK25Ib:; Roofs (Applicable to Tier 1) (1) Where clearly visible from a public street or along active storefronts, any hip, gable or mansard roofs may only utilize the following materials: metal standing seam, slate, clay or concrete tile (barrel or Roman shape). Minimum 3 on 12 roof pitch required. Architectural Design Elements (1) The following is a list of acceptable architectural design elements that must be included into the design of buildings as required in this section. a. Canopies, awnings, porticos with colonnade, or arcades b. Raised pilaster cornices (end columns at corner), or quoin corners C. Vertical elements (tower, cupola, lighthouse, turret, arches, etc) d. Windows and doors framed with smooth cobble, cast stone, limestone, or other decorative masonry headers and sills; or dormer windows e. Outdoor patios and/or courtyards (landscaped and furnished) f. Decorative ornamentation integrated into the building fagade, such as corbels, medallions (non-signage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; or other architectural features approved by the Director of Planning and Development or designee g. Any other architectural design element approved by the Director of Planning and Development or designee (2) Applicable to Tier 1, all structures shall be designed to incorporate no less than four of the architectural elements above. Buildings over 50,000 square feet must include a minimum of five of the referenced architectural elements in subsection d.1 above. (3) Applicable to Tier 2, all structures shall be designed to incorporate no less than two of the architectural elements above. Buildings over 50,000 square feet must include a minimum of three of the referenced architectural elements in subsection d.1 above. (4) Applicable to Tier 3, all structures shall be designed to incorporate no less than one of the architectural elements from the list in subsection d.1 above. (e) Exterior Fagade Materials (1) Allowed exterior materials are categorized into the following three groups, of which at least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: a. Group A: Brick and stone b. Group B: Stucco, architectural concrete block with integrated color (split face CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt -wall C. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate pea -gravel finished surfaces, and pre-engineered metal building siding. (3) Primary fagade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. b. Buildings over 50,000 square feet may use Split -Face CMU (architectural block) for up to 20% of the primary fagade, in addition to the 20% of Group B materials. (4) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0% of the building face, except that florescent colors are prohibited. OF A Om ity of La Porte Planning and Development Department Established 1892 Tim Tietiens, Director rexAs Planning and Development Department Policy Effective: June 4, 2015 #P2015-001 Exterior Fagade Materials for Tier 2 and Tier 3 Buildings Policy Purpose: To clarify minimum requirements for exterior fagade materials for buildings categorized as Tier 2 and Tier 3. Timing: Effective immediately. Policy: The City Council approved Ordinance 0-2015-3551 in November 2014 adopting a comprehensive update of the city's zoning regulations. One of those modifications was the implementation of design guidelines for development. In reviewing Section 106-928 of those regulations, it became apparent that minimum requirements for exterior fagade materials for Tier 2 and Tier 3 buildings were not clearly denoted. The following is a revised Section 106-928(d) that shall guide development of Tier 2 and Tier 3 buildings until such time as the section is amended. Sec. 106-928. Architectural design guidelines. (d) Exterior Fagade Materials (1) Allowed exterior materials are categorized into the following three groups, of which at least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: a. Group A: Brick and stone b. Group B: Stucco, architectural concrete block with integrated color (split face CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt -wall C. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate pea -gravel finished surfaces, and pre-engineered metal building siding. (3) Primary fagade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. b. Buildings over 50,000 square feet may use Split -Face CMU (architectural block) City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 PIanning and Development La Porte, TX 77571-6215 Fax: (291) 470-5005 www.laportetx.gov Exterior Facade Materials for Tier 2 and Tier 3 Buildings Policy June 4, 20155 Page 2 for up to 20% of the primary facade, in addition to the 20% of Group B materials. (4) Primary;fa.gade treatments are applicable to. Tier 2.build ings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street: or along an active storefront: a.` . Primary. i acades, excluding windows, doors; and :other oPenings; shall be constructed of at least 50% Group A materials and up to 50% Group B materials. However, accent.materials from Group C may be allowed in limited application for architectural features as approved by.:the Director of Planning and Deve.lopment.or designee. (5)Primary facade treatments are applicable to`Tier 3;buildings. The following shall apply to all exterior wa.11.s of buildings which are clearly.visible.from a.public'street'or along an active storefront: a.: Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 20% Group A materials and up to 80% Group B. materials. However, accent materialsfrom Group C may be allowed in limited applicationfor architectural features as approved b.y:the Director of Planning and Development or designee. (56) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0%of the building face, except that florescent colors are prohibited. Tim etjens Date Director of Planning and Development City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov City of La Porte, Texas Planning and Zoning Commission February 18, 2016 AGENDA ITEM 5 Consider a Waiver Request to the City's Design Guidelines (Exterior Fagade Materials) for the Proposed Port Crossing B4 Warehouse Building at the Southeast Corner of S. 161" Street and Export Drive (1801 S. 161" Street). Applicant: Liberty Property Trust Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas rrur;? Sri'} /r,rir�? ("u rrrrrir'Jori I't r' it r A t 't11, �r i,r3i 2f,) a I,u ;ir�ri G lira lint ; V / I w1, I'rrY cro",Jral� I;rl I; ills iri Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission approve a request by Liberty Property Trust for a waiver to the city's exterior facade materials design guidelines for construction of the proposed Port Crossing B4 Warehouse Building located at the southeast corner of S. 161" Street and Export Drive (1801 S. 161" Street)? DISCUSSION The site is subject to the city's Design Guidelines as outlined in Article IX of Chapter 106 of the city's Code of Ordinances. Section 106-928 outlines various architectural design guidelines, including building form, building articulation, roof, architectural design elements, and exterior facade materials. Because this site is within the TIRZ No. 1, the code requires 20% of the building's facade be covered by stone or brick materials for a Tier 3 building and 80% for other materials such as stucco, architectural block, cementitious fiberboard, EIFS (above 14 feet), and painted, colored or stamped tilt -wall. The applicant is requesting consideration of a waiver to the city's Design Guidelines concerning Exterior Facade Materials. Their proposal includes the use of a colored tilt -wall material on all facades of the building. Although this is a masonry product and will result in the building being fully covered by a masonry product, the code requires the use of stone and/or brick to cover 20% of the facade. Section 106-927 of the city's Code of Ordinances states that the Planning and Zoning Commission may approve a waiver request subject to two findings. The following is a list of those findings: 1. The project as designed is consistent with the general spirit and intent of the City of La Porte's Comprehensive Plan. 2. The proposed building will result in an attractive contribution to the community. In reviewing this waiver request, staff is concerned with waiving the use of brick or stone. The city's design guidelines intentionally specify this requirement to add quality and diversity to the architectural design of buildings within the community. As a result, staff is not supportive of the waiver request, but would support a modification that would provide a stone or brick element at the pedestrian entrances of the building at all corners visible from a public right-of-way. Staff rrrur;? Sri'} /r,rir�? ("u rrrrrrirJri I't r' it r A t '[11, Jt ia.ra Irt ;ir�ri G lira Ijj, ; V"V I r 1, I'rr, cro"'Jral� I,r I; illriiric, would support waiving the masonry requirement on the remainder of the facade where there are the loading docks and the glass windows. Staff is concerned with the precedent that could be perceived with a 100% deviation from these requirements. For consideration, there are other buildings within the Port Crossing development that were constructed under the previous version of the masonry design guidelines, where the style of building proposed would have been permitted. Under the previous version of the code, a cement tilt -wall constructed building would have met code requirements. ATTACHMENTS Exhibit A: Applicant Letter and Building Elevations Exhibit B: Area Map Exhibit C: Section 106-928, Architectural Design Guidelines Exhibit D: Exterior Facade Materials Policy Ensey, Eric From: Kenneth Chang [kchong@libertyproperty.con] Sent Wednesday, February O3.2O1G1114AM To: Ensey, Eric Cc: KovinPo|osek Subject: RE: B4 Site Plan Review Letter... Attachments: Submittal #2—Review Letter —Port Crossing B4-signed.pdf; 2.jpg; 1Jpg M Per our phone conversation on Monday, I would like to request consideration of a variance regarding planning comme 27. This comment references Section 106-680 which requires 20% of any building fagade visible from a public ROW to be stone or masonry. We would like to request a variance to this per the reasons below. I Attached are two photos of buildings we own within Port Crossing Commerce Center. None ofthe existing buildings within the park have any masonry orstone onthe buildings. |nour experience, itisnot typical for there to be stone or masonry on such large distribution warehouse buildings. VVewould propose tokeep the current look of the park with textured and painted concrete tilt wall and accent the building in other ways. At Liberty Property Trust, we pride ourselves in building to a higher standard than many ofour competitors. Being long term holders of real estate, we are meticulous with our construction quality and take our slab pours one step further by curing with wet blankets for a full 7 days following slab pour. VVeare also very conscious of designing appealing and functional entries. For this building, vvehave two stories ofglass proposed atour corner entries ofboth sides ofthe building. Many developers will save costs and only construct one level of glass, resulting in avery basically cost efficient entry. VVeare also proposing to install exterior LED lighting on Building B4. In our opinion, stone and masonry will make more sense on a smaller, more office like development than it does on such a large distribution warehouse building with the majority of the building being truck dock positions. Ken Chang, 9.E,LEEOA9 Director, Development Liberty Property Trust 0281.9552000 OZO1.S172S1O 8827 North Sam Houston Parkway West, Houston, TX 77064 Fromn:Ensey Eric Sent: Monday, February U1,ZU161U:33AM To: Kevin Po|asek ; Kenneth Chang Subject: B4 Site Plan Review Letter... Please see the attached... Let me know if you have any comments. Eric J.0oyaBCity Planner City o[LoPorte Planning &Development 6O4VKFairmont Parkway LoPorte, Texas 77571 Phone: 281'470'6063 DISCLAIMER This e-mail message is intended only for the personal use of the above named recipient(s). If you are not the intended recipient, you may not review, copy or forward this e-mail message. If you have received this communication incorrectly, please notify Liberty Property Trust immediately via e-mail or phone and delete the message accordingly. Ljo z F CL C) 0 t 0 z 0 2i f 1. L ov w cn 91, CL I Og va X a o pmg w 0 z o cr C) Lf) LLI — — — ua — — — — — — — — P, w L — — — — — — — — — — — — — — — — IIQ F F - --------- --------------------- 11 ............ I ------------ - A ------------------------- ---- --- --- - ---- - --1 --l— 'OZ --N 3.P NVId IOUN. 11-IN-0 /\zo \ \:\ \\ (} \\\\\\\\ 1 — \ \ !{~`t r■§ — — \ \ mz\§ Cie� ` ` j§\ -E 9 ) y:E | ( § § G 2 2 \�,::z: )]§ | ° � ; 8 I 0 ............ Sec. 106-928. Architectural design guidelines. (a) Building Form (Applicable to Tier 1 and 2) (1) All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle and top. Examples of Single Story Tri-Partite (b) Building Articulation (Applicable to Tier 1 and 2) (1) Primary facades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation: a. Horizontal Articulation. No building wall shall extend for a distance equal to 3 times the wall's height without having an off- set equal to 25% of the wall's height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane. b. Vertical Articulation. No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wall's height. (c) (d) BUILDING ARTICULATION EXAMPLES HORIZONTAL Articula.t.ioi7 5 h.(2 5 %Y ;, iT, unuuu-nunuuu.u�rr� fir/ V r . 4 VERTICAL Articulatioill CT777`" , % o w�7/' it ;� 15, rK25Ib:; Roofs (Applicable to Tier 1) (1) Where clearly visible from a public street or along active storefronts, any hip, gable or mansard roofs may only utilize the following materials: metal standing seam, slate, clay or concrete tile (barrel or Roman shape). Minimum 3 on 12 roof pitch required. Architectural Design Elements (1) The following is a list of acceptable architectural design elements that must be included into the design of buildings as required in this section. a. Canopies, awnings, porticos with colonnade, or arcades b. Raised pilaster cornices (end columns at corner), or quoin corners C. Vertical elements (tower, cupola, lighthouse, turret, arches, etc) d. Windows and doors framed with smooth cobble, cast stone, limestone, or other decorative masonry headers and sills; or dormer windows e. Outdoor patios and/or courtyards (landscaped and furnished) f. Decorative ornamentation integrated into the building fagade, such as corbels, medallions (non-signage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; or other architectural features approved by the Director of Planning and Development or designee g. Any other architectural design element approved by the Director of Planning and Development or designee (2) Applicable to Tier 1, all structures shall be designed to incorporate no less than four of the architectural elements above. Buildings over 50,000 square feet must include a minimum of five of the referenced architectural elements in subsection d.1 above. (3) Applicable to Tier 2, all structures shall be designed to incorporate no less than two of the architectural elements above. Buildings over 50,000 square feet must include a minimum of three of the referenced architectural elements in subsection d.1 above. (4) Applicable to Tier 3, all structures shall be designed to incorporate no less than one of the architectural elements from the list in subsection d.1 above. (e) Exterior Fagade Materials (1) Allowed exterior materials are categorized into the following three groups, of which at least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: a. Group A: Brick and stone b. Group B: Stucco, architectural concrete block with integrated color (split face CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt -wall C. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate pea -gravel finished surfaces, and pre-engineered metal building siding. (3) Primary fagade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. b. Buildings over 50,000 square feet may use Split -Face CMU (architectural block) for up to 20% of the primary fagade, in addition to the 20% of Group B materials. (4) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0% of the building face, except that florescent colors are prohibited. OF A Om ity of La Porte Planning and Development Department Established 1892 Tim Tietiens, Director rexAs Planning and Development Department Policy Effective: June 4, 2015 #P2015-001 Exterior Fagade Materials for Tier 2 and Tier 3 Buildings Policy Purpose: To clarify minimum requirements for exterior fagade materials for buildings categorized as Tier 2 and Tier 3. Timing: Effective immediately. Policy: The City Council approved Ordinance 0-2015-3551 in November 2014 adopting a comprehensive update of the city's zoning regulations. One of those modifications was the implementation of design guidelines for development. In reviewing Section 106-928 of those regulations, it became apparent that minimum requirements for exterior fagade materials for Tier 2 and Tier 3 buildings were not clearly denoted. The following is a revised Section 106-928(d) that shall guide development of Tier 2 and Tier 3 buildings until such time as the section is amended. Sec. 106-928. Architectural design guidelines. (d) Exterior Fagade Materials (1) Allowed exterior materials are categorized into the following three groups, of which at least two materials from different groups shall be used in all exterior facades in Tier 1, Tier 2, and Tier 3: a. Group A: Brick and stone b. Group B: Stucco, architectural concrete block with integrated color (split face CMU), factory primed cementitious fiberboard in the form of lap siding or board and batten, EIFS (above 14 feet from grade only), and painted, colored or stamped tilt -wall C. Group C: Metal, tile, wood (2) Prohibited exterior materials include cinder block, vinyl, plastic, aggregate pea -gravel finished surfaces, and pre-engineered metal building siding. (3) Primary fagade treatments are applicable to Tier 1 buildings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront: a. Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 80% Group A materials and up to 20% Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features as approved by the Director of Planning and Development or designee. b. Buildings over 50,000 square feet may use Split -Face CMU (architectural block) City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 PIanning and Development La Porte, TX 77571-6215 Fax: (291) 470-5005 www.laportetx.gov Exterior Facade Materials for Tier 2 and Tier 3 Buildings Policy June 4, 20155 Page 2 for up to 20% of the primary facade, in addition to the 20% of Group B materials. (4) Primary;fa.gade treatments are applicable to. Tier 2.build ings. The following shall apply to all exterior walls of buildings which are clearly visible from a public street: or along an active storefront: a.` . Primary. i acades, excluding windows, doors; and :other oPenings; shall be constructed of at least 50% Group A materials and up to 50% Group B materials. However, accent.materials from Group C may be allowed in limited application for architectural features as approved by.:the Director of Planning and Deve.lopment.or designee. (5)Primary facade treatments are applicable to`Tier 3;buildings. The following shall apply to all exterior wa.11.s of buildings which are clearly.visible.from a.public'street'or along an active storefront: a.: Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least 20% Group A materials and up to 80% Group B. materials. However, accent materialsfrom Group C may be allowed in limited applicationfor architectural features as approved b.y:the Director of Planning and Development or designee. (56) Building color requirements are applicable to buildings in all tiers. The dominant color of all buildings shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than 1.0%of the building face, except that florescent colors are prohibited. Tim etjens Date Director of Planning and Development City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov City of La Porte, Texas Planning and Zoning Commission February 18, 2016 AGENDA ITEM 6 Consider approval of a Major Development Site Plan (#15-83000003) to allow for construction of a new Warehouse/Distribution Facility for the property located at the southeast corner of S. 161" Street and Export Drive (1801 S. 161" St.) in the Port Crossing Business Park. Applicant: Liberty Property Trust Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas rrrur;? rri'} /r,rir�? ("u rrn]"'Jori I't r' it r rt t '[11, r i ,ri Jt ia.ra Ir )fur IiY 'slt P )r P r[ C r 0 1r1 rr I'4rIIdIric'�' Planning and Development Department Staff Report ISSUE Should the Planning and Zoning Commission approve a request by Liberty Property Trust for a Major Development Site Plan to allow construction of the proposed Port Crossing B4 Building, which is a new warehouse/distribution facility located at 1801 S. 161" Street? RECOMMENDATION Staff recommends approval of the proposed Major Development Site Plan as submitted. DISCUSSION Applicant/Property Owner: Liberty Property Trust Applicant's Request: The applicant is seeking to construct a new warehouse distribution facility, which is referred to as Port Crossing B4 Building. The proposed facility will be a 415,272 square foot building on a 21.47 acre portion of Reserve "I", Block 3, Port Crossing Amending Plat. The subject site is currently undeveloped. The attached Exhibit A is the proposed site development plan. Background Information: The subject site is a 21.47 acre portion of Reserve "I", Block 3, Port Crossing Amending Plat. The overall Reserve "I" parcel is 66.16 acres in size. The subject site is located at the southeast corner of S. 161" Street and Export Drive in the Port Crossing Business Park. The attached Exhibit B is an Area Map showing the location of the subject property. The site is zoned PUD, Planned Unit Development, and is undeveloped land in the Port Crossing Business Park. Because the Port Crossing Business Park is zoned PUD, development is subject to the Special Conditional Use Permit (SCUP) approved by the City Council on August 24, 2015. The attached Exhibit C is the Zoning Map for the site. rrur;? rri'} /rJrlir�? ("u rrn]"'Jori P2 Jt')r I rt t '[iri ; �r i,r3i Jtia.a Ir )fur I,u rr,1r ,rrrt riY 'slt Pl )ri P r[ C r 0 1 r I , I;rl I'4 i,IIdIrI The proposed use, warehouse/distribution, is permitted in the approved SCUP. The City of La Porte's Land Use Plan identifies this parcel as "Light Industrial" use. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North PUD, Planned Unit Development Existing warehouse/distribution facility in the Port Crossing Business Park South PUD, Planned Unit Development Undeveloped site in the Port Crossing Business Park West PUD, Planned Unit Development Truck Terminal Facility (1706 S. 16t" Street) and Warehouse/Distribution Facility (1806 S. 16t" Street) East PUD, Planned Unit Development Undeveloped site in the Port Crossing Business Park Analysis: This site development plan was reviewed according to the provisions of Appendix E of the city's Development Ordinance (No. 1444). Because the site is greater than 10 acres in size, it requires approval by the Planning and Zoning Commission. The site plan is also subject to all applicable requirements of the city's Zoning Ordinance (Chapter 106 of the city's Code of Ordinances) and all applicable requirements of the Port Crossing SCUP approved for this site. Planning staff has reviewed the proposed site development plan and concluded that the application complies with all applicable code requirements. The following is a description of staff's analysis of various considerations: Site Improvements. The site will include a 415,272 square foot building, new parking lots with a total of 280 automobile parking spaces and 111 designated truck parking spaces, site circulation, landscaping, and drainage improvements. Landscaping. The site development plan includes proposed landscaping in accordance with the provisions of Section 106-800 of the Code of Ordinances. There are street trees existing along both the S. 161" Street and Export Drive right-of-way. The proposed development can utilize those existing trees to meet the street tree requirement in the code. The proposed development will include the planting of the required shrubs between the parking area and adjacent public right-of-way at 3 feet on center. Additionally, the applicant is proposing trees and shrubs in planter beds within the parking lot areas in order to visually break up the parking lot as well as provide future shade relief. Staff has reviewed the landscaping proposed and finds that the proposed development is consistent with the landscaping required in Section 106-800 of the Code of Ordinances. rrur;? rri'} /rJrlir�? ("u rrn]"'Jori P2 Jt')r I rt t 't11, �r i,r3i 2f,) Ir )fur I,u rr,1r ,rrrt riY 'slt P )r P r[ C r 0 1 r , I;rl I'4 i,IIdIric,�, Parking and circulation. Section 106-839 of the Code of Ordinances outlines the city's parking requirements for warehouse/distribution uses. The requirements are as follows for this development: 1. Office — 3 per 1,000 sq. ft. (30 spaces required) 2. Warehouse —1.5 per non -office employee (250 spaces required) In this case a total of 280 parking spaces are required by code. The applicant is proposing a total of 280 parking spaces with the development. The applicant is also providing the necessary ADA parking spaces required. On December 10, 2015 the City of La Porte Zoning Board of Adjustment approved a variance to the number of driveways allowed per right-of-way. The Board approved three curb -cut access points along Export Drive and three along S. 161" Street. The Board approved the variance to help facilitate a separation of automobile vehicular traffic from truck traffic on the site and provide a better flow of traffic. Sidewalks. The applicant is including sidewalks as required in the city's Public Improvement Criteria Manual (PICM). There is an existing sidewalk along S. 161" Street and the applicant is proposing construction of a sidewalk on Export Drive as part of this development. Fire Hydrant Locations. The Fire Marshal has reviewed the proposed site plan and has determined that the proposed development complies with the requirements for fire hydrant location. Drainage and detention. The proposed development is part of the drainage system developed by the Port Crossing Property Owner Association. Regional detention ponds were provided in the Port Crossing Business Park that were sized to detain the development of this site as well as all other development within the boundaries of the Port Crossing development. As a result, additional on -site detention is not required. The proposed development is consistent with the city's PICM requirements for drainage purposes. Utilities. There are sufficient public utility facilities in proximity of this site to meet the needs of the proposed development. Much of the infrastructure required for the Port Crossing Business Park was installed in 2006 and 2007. A 12-inch sanitary sewer line is on the west side of S. 161" Street and on the east side of the subject parcel parallel to the drainage channel. The proposed development will tap into the existing line east of the subject parcel. Additionally, the site will tap into the existing 8-inch water line in Export Drive. The Utilities Division of the city's Public Works Department has reviewed the site plan and has no objection to connection to the city's water and sewer lines as proposed. P|annin�andZonin�Commissionu|ar�Weetin� Februaryl�2OlG V)�or Deve|opment Site P|an — Por I, Crossir i|dinc'�' Cnnduxinn- Basedontheana|ysisabove,stafffindsthattheproposedMjorDeve|opnnentSiteP|an for the Port Crossing B4 Building complies with the various applicable code requirements and should be considered for approval. ATTACHMENTS Exhibit A: Proposed Port Crossing B-4Site Plan ExhibitB: Area Map ExhibitC: Zoning Map z wo z 0 w z 0 Z 0 i f of Ln CL I H-A is 0 x WO 7u A w o > It 0 w C) tu Is' z It LLJ =A _j gig' 17; E ig Aq Al. Z' - F9 1 -IM Wr IM 4F9 Lj Ig A IN ai Ogg pal N Ms A I Li F NI 11 - - - --------- ---------------- �%�6 - --------- ------------ - --- --------------------- 300 -Im I I ----------------------- 41- - ----- - - ----- - it 'VO Q-3 5--ld 10HINDO IVINCEN3141a LO\M\VG L —d 5--- 11-d VXL—L\-4 41--d Al-11 tl :sE '.0 a a� :� �€ \' bay' sad o w O 2+✓;� a k WkME 3 5" _ 9% £ e - _ viW W W W g�;ISO a OZ 2i H > =$£ffiGA „E a ��'��� ��^ aE€ �5 ,�5 nLa mfr� �� � 'lY a afiFe4 Yg$ 0 W $ ss % fr m; -0 =yew"� 4 Y $��� �_� &�g £.,: £`�:� &�% '�.,- 8 88 8 �I � • o o ��. PSG E 'ilPW S �Ev «� $� ,sw•ROno e wd `3:�& H5 qe£ ge fr§fr bf frF o 6� J li — — -- -- a � r I g � {I �{II1 � � ����� �I���k � �� �-� ��ya §�� �qk ,a� k ��L�•a � � � . ° + r a hw � � k Ir a � sae. 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MI .'ffl IIII'�I•'•" Illll111111111110111 l dl 11mill ® IIII�I SOMME= IIIIIIIII���I�I V SOMME= III W�!S MME= Rml®I �® ON —101 ® A'A'M01®I ®® Illlillll�,���i 0 ........... .11.� HOW IFNI O z O a � O1111101 O O � OI � J OEmsz IQ J J O O 1 `y w O ~ O y o G If O O m �n��add�s leuur L a LSZLS L\sluawmoa4-dui,siasn) o Wd W6ZZ-Z9LOZ/ Z/L HI,,.uIE,,suds Paid.,gM.h—psVllououodoHunpayply wlu911--di-4Iduda1,,aVl,,uivaVl p,pid,p E,l u n Ijpla aql M duulup rIIIOE O III HOW IIPEGdR Sd IPEOd EI BZ B1g5,Ad.O VIE Si Id Si N s s eViawa Q_ _ �oQ L� L"M' a owU �< �Ppp`V i:l:5fPa.b oQ�w�s�o oa o� zw�� 6o �s m Fw % 1w Omm �?"✓eR. oe I�cHBER i m L I — — — — — — — — — — — — — a — — — — — — � I ern asoH,oe - I 43'-558' 9C-4' a 13'-6' 19'-13' S LL m I Iy to o III III S LL m I III of of IIII o m m � m III - S S _ EE g _ e C7 c o &m Q a o a of 0 O NN O .� LLi 0_x m �. m 0 r. m �� m `n O Q m V �� cn m m d ¢o III 0 U O 0 2 0 III L — LL I Io sll oll �I II e LL 's I I II oBz II I I w I y I� w 888 I �o 94-911Y LL o 9C-4' LL 0 0 LL LL 73'-6' 79'-13' 94' 4112'6 II�, a I � w ntT r n u D J L Y City of La Porte, Texas Planning and Zoning Commission February 18, 2016 AGENDA ITEMS 7-9 Consider a recommendation to the City Council on proposed modification to Ordinance 1444 (Development Ordinance) Eric J. Ensey, City Planner Planning and Development Department City of La Porte, Texas riruri;? Sri'} /rJrliri�? ("u rrrrrir'Jori P2 Jt')r I A t 't11, �r i,r3i 2f,) I,u ,fir lrJ ,rrrt riY rJrd11, 1, r 13ll0dI'I 101, a Planning and Development Department Staff Report ISSUE Following the public hearing, should the Planning and Zoning Commission consider recommending approval to the City Council, the proposed modifications to Ordinance No. 1444, more commonly known as the City of La Porte Development Ordinance, as presented in the attached Exhibit A? RECOMMENDATION Staff recommends the Planning and Zoning Commission recommend approval to the City Council of the proposed modifications to Ordinance No. 1444 (Development Ordinance) as presented in the attached Exhibit A. DISCUSSION Ordinance No. 1444 is the city's Development Ordinance and includes the procedures and regulations regarding development of property in the City of La Porte. These regulations range from subdivision platting to site development plans to general engineering standards and requirements. The Development Ordinance was adopted by City Council in 1985 with minor modifications through the years. An audit of the Planning and Development Department was commissioned and conducted by the City Council in 2012. In 2013, Planning and Development Department staff began implementing the various recommendations of the audit. One of the recommendations of the audit was for the city to update and codify the Development Ordinance. As a result, the Planning and Zoning Commission established a subcommittee at the February 19, 2015 meeting to review Ordinance No. 1444 (Development Ordinance) and recommend modifications to the ordinance. The subcommittee included Commissioners Mark Follis (Chair), Richard Warren, Nick Barrera, and Lou Ann Martin. Planning and Development Department staff support was provided to the group. The attached Exhibit A is the draft ordinance that includes the proposed modifications to Ordinance 1444 as recommended by the subcommittee. The Subcommittee is presenting this document to the Commission as a public hearing item for discussion I'l�riruri;? Sri'} /rJrliri�? r,rJrrrrrri��irJri I't r' it �r I /It t '[iri'� Jt ia.a I,u ,fir lrJ ,rrrt riY rJrd11, 1, r 13 rJr'11 1 101, a purposes and to present the modifications being proposed. Notice of this public hearing was published in the Bay Area Observer and posted at City Hall and on the city's website. The following includes a description of the modifications being proposed. Those areas in the attached Exhibit A highlighted in yellow indicate new language as part of the proposed modification. The stFike thFewg44& indicate where language is proposed to be removed. It's important to note that the proposed changes to the document are not substantial in nature. The majority of the changes proposed were to arrange the document in a manner that it could be codified. There were some processes that have changed over the years, so those have been included in this document. All the proposed modifications are consistent with state law and have been reviewed by the City Attorney. General Modifications: 1. The Development Ordinance is being proposed to be codified as Chapter 86 of the City of La Porte Code of Ordinances. 2. References to old versions of state law have been modified with references to Texas Local Government Code. 3. Any reference to the Planning Department was replaced with "Planning and Development" as it relates to the department name or title of the director. 4. The certificates and signature blocks previously included as part of the ordinance have been removed. It is recommended or necessary that these be adopted in the codified version of the code. Instead, the Subcommittee is recommending that they be a departmental policy of the Planning and Development Department. These certificates have been included as part of Exhibit B for reference purposes. Purpose (Section 86-1): 5. A new purpose clause was added to outline a general purpose for the chapter. Statutory authority and jurisdiction (Section 86-2): 6. This section was modified to outline the city's authority to regulate and approve various development projects in the community. Conformance requirements (Section 86-3): 7. This section was modified to simplify and more clearly provide various conformance requirements for development, including conformance with the Comprehensive Plan, Public Improvement Criteria Manual (PICM), etc. Definitions (Section 86-4): 8. Most of the modifications to this section are minor in nature and function as a means of clarification of terms. However there were some new definitions added that were not included in the original I'l�riruri;? Sri'} /rJrliri�? r,rJrrrrrri��irJri I't r' it �r I /It t '[iri'� Jt ia.a I,u ,fir lrJ ,rrrt riY rJrd11, 1, r 13 rJr'11 1 101, a Development Ordinance: "City', "City Building Regulations", "City Council", and "Plat, Administrative". [The various development applications have been proposed to be broken out in different sections for codification purposes. Those sections include: Pre -development Applicant Consultation, General Plan, Development Site Plans, and Subdivision Platting.] Pre -development Applicant Consultation (Section 86-5): 9. The Pre -development Applicant Consultation (or PAC) process replaces the Sketch Plan procedures. The intent of the PAC process is to provide applicants/developers with an opportunity to discuss the city's review process and requirements for a proposed development project. General Plans (Section 86-6): 10. This was already a procedure in the previous version of the Development Ordinance, however modifications have been made to codify these requirements. Additional requirements to General Plan submittals have been included (including drainage plans and traffic analysis). Development Site Plans (Section 86-7): 11. Both Major and Minor Site Plans are included in this section. Both have the same submittal requirements, but different review paths (which has not been modified). 12. Additional submittal requirements have been added (including parking and landscaping tables, drainage calculations, exterior building elevations if subject to the city's Design Guideline regulations, a traffic impact analysis if required by the Director. 13. A new provision was added for amendments to Site Plans. The intent of this section is to allow the Director to approve modifications that do not change the character of the development (especially if said site plan was approved by the Planning and Zoning Commission). Subdivision Plats (Section 86-8): 14. All the various plat processes have been moved to this section. The platting procedures are generally governed by state statutes, and as a result, there are fewer modifications proposed to this section. 15. The requirements for group care facilities previously approved by City Council and not codified were included as subsections (j) and (k). General Standards for Subdivisions and Developments (Section 86-15): 16. There are not many substantive modifications proposed to this section. Most of the modifications are for clarification purposes. 17. The only substantive modification is to the fees associate with the various development applications. The Subcommittee analyzed the fees charged by other municipalities for similar development applications. The fee modifications proposed are intended to bring the fees charged by the City of La Porte more in -line with our surrounding municipalities. These fees are intended to help off -set the administrative costs of processing development applications. I'l�riruri;? Sri'} /rJrliri�? r,rJrrrrrri��irJri I't r' it �r I /It t '[iri'� Jt ia.a I,u ,fir lrJ ,rrrt riY rJrd11, 1, r 13 rJr'11 1 101, a Waivers (Section 86-26): 18. This section was previously called "Variances". The Subcommittee is recommending the name be changed to "Waivers" as the term variance is generally and legally tied to review of modifications to Chapter 106 (Zoning) by the Zoning Board of Adjustment. Because these waivers are reviewed by the Planning and Zoning Commission, it is easier to differentiate and explain the procedure as a "Waiver". ATTACHMENTS Exhibit A: Proposed Ordinance Amending Ordinance 1444 (Development Ordinance) Exhibit B: Certificates and Signature Blocks Exhibit C: Original Ordinance 1444 (Development Ordinance) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 86 "DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADOPTING COMPREHENSIVE GUIDELINES, RULES AND REGULATIONS FOR SUBDIVISION AND DEVELOPMENT OF LAND IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING 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 86, "Development Regulations", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: "Article L In General. Sec. 86-1. Purpose. (a) It is the intent of this chapter for the City to outline the requirements for subdividers, developers, applicants, engineers, surveyors, realtors and other persons interested and involved in the subdivision and development of land. (b) It is also the intent, purpose and scope of this chapter to promote the vision, goals and policies of the City's Comprehensive Plan and all of its components and to protect the health, safety and general welfare of the public. Sec. 86-2. Statutory authority and jurisdiction. (a) Pursuant to the authority granted to cities and counties under the constitution and laws of the state, including the provisions of Texas Local Government Code § 22.003 as affleadedChapter 212, and as amended, the City Council does hereby adopt the rules and regulations established in this chapter governing the subdivision and development of land within the city limits and o..+F +o....;+ F provided, however, that the City of La Porte excludes from the terms, conditions and effects of this chapter 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 __rdeF t +,,F ffi . e f Ai4iele 1 082016 47-Oa and amendments thereto of the Rei,ised GiN41 Statt es the Texas Local Government Code of the (b) The Approving Authority shall review all plans, plats, and all accompanying documentation required in this chapter, and require developer and subdivider compliance with the applicable state law, this chapter, the Zoning Ordinance of the City of La Porte, other applicable ordinances of the City of La Porte, the City of La Porte Comprehensive Plan, and approved written policies and procedures of the City of La Porte. (c) If any section of this chapter is in conflict with other provisions of this chapter or any other ordinance, the more restrictive rule or regulation shall apply. Sec. 86-3. Conformance requirements. (a) In so implementing this chapter, the City may, as needed, utilize policies in the City's Comprehensive Plan, including but not limited to the future land use plan and corresponding provisions, as well as complementary general design and construction standards approved by ordinance by City Council. (b) All development must also be in compliance with the City's Public Improvement Criteria Manual (PICM), where applicable. (c) It shall be unlawful for any owner or agent of any owner of land to layout, subdivide, resubdivide, plat, or replat any land within the City of La Porte or its extraterritorial jurisdiction without an approved 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 corporate 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, replatted or developed without the approvals required in this Or-dinanee Chapter, subsequent to the passage of this 8Fdinanee Chapter. 0820"I6 (d) The City shall withhold all City improvements of whatsoever nature, including the maintenance of streets and the furnishing of utilities from all subdivisions or developments not in conformance with the provisions of this Chapter. (e) No Building Permit shall be issued for the erection or 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. CONFORMANCE )AI14 a 444E COMPREHENSIVE P Sec. 86-4. 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 present tense include the future; words used in singular include the plural; words used in 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 its duly authorized deputy or representative. Terms, phrases or words not expressly defined herein are to be considered in accordance with customary usage. 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; floriculture, viticulture or horticulture raising or keeping of livestock; and planting cover crops or leaving land idle for the purpose of participating in any governmental program or recognized, normal crop or livestock rotation procedure. 0820"I6 A residential unit and related ^t�� accessory buildings located solely for one or more of the purposes described in the preceding sentence shall be deemed an agricultural use. ALLEY: A public right-of-way whieh that is used for utility installation or for secondary access to individual properties whieh that have their primary access from an adjacent public street or an approved common or compensating open space or court yard A4ieh that has direct access to a public street. APPROVING AUTHORITY: eeffiffiissieii The Planning and Zoning Commission or the City official having authority to sign plats or plans signifying City approval of said plats or plans. For Minor Developments and Administrative Plats, the Approving Authority is the Director of Planning and Development. For all other developments or subdivisions, the Approving Authority is the Planning and Zoning Commission. ma�, be 4em time to time ameaded. BUILDING SETBACK LINE: A line that is the required minimum distance from the street right-of-way line or easement line or any other lot line that establishes the area ..,:� where 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 combination of streets and other physical features whieh that 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 Cedes Regulations currently in force and effect; omor+s of less than e, 000 nn N,altia+ien. As used herein, the term "improvement" shall include the construction, enlargement, alteration, repair, removal, or conversion of a building or structure. CHIEF BUILDING OFFICIAL: The City officer or other designated authority charged with the administration and enforcement of the City Building Cedes Regulations, or his/her authorized representative. CITY: The City of LaPorte, Texas. CITY BUILDNG REGULATIONS: All building regulations referred to in and incorporated by Chapter 82 of the City's Code of Ordinances. CITY COUNCIL: The City Council of the City of LaPorte, Texas. CITY SECRETARY: That The person holding the office of City Secretary under the terms of the La Porte Charter, or her/his designated representative. COMMISSION: The Planning and Zoning Commission of the City. COMPENSATION OPEN SPACE: Those areas designated on a plat or plan whieh that are restricted from development, except for landscaping and 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 4 0820"I6 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. COMPREHENSIVE PLAN: A long- range plan adopted by the City Council in accordance with Texas Local Government Code Chapter 213 and as such plan is periodically amended or updated, which is intended to guide the development of the City and that includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and infrastructure. COUNTY: Harris County, Texas DEPARTMENT: The Planning and Development Department of the City of La Porte. DEVELOPER: The legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option or contract to purchase, or other persons having property interests in such land. DEVELOPMENT: The process of converting land within the City's jurisdiction from its natural state, or altering the elevation of property 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 inherent in such conversions. The term development includes subdivisions as defined herein. DEVELOPMENT AUTHORIZION: A document issued by the Department for the development of land within the City's jurisdiction. 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. DEVELOPMENT, MAJOR: Any development not qualifying as a Minor Development, as the term "Minor Development" is defined herein. DEVELOPMENT, MINOR: Any project or development that involves no more than ten (10) acres of land and where the total square footage of all buildings on the site does not exceed 150,000 square feet and rune change to ri�tndctuFe Ply presents no conflict with the City's Comprehensive Plan. DIRECTOR: The C4-�, Director of the Planning and Development Department or designated representative. DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. EASEMENT: A right given by the owner or a parcel of land to another person, public agent or private corporation for specific and limited use of that parcel. 5 0820"I6 EXTRATERRITORIAL JURISDITION: The unincorporated territory outside of and contiguous to the City limits of the City established by the authority of Texas Local Government Code Chapter 42 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 is registered as a part of the Approving Authority's official records. FLOOD HAZARD AREA: Those areas of the City designated as having a greater chance of flooding from natural disasters such as rainstorms or hurricanes. Such areas are shown on the official flood insurance rate maps (FIRM) established by FEMA and adopted by City Council. FLOOD HAZARD PREVENTION ORDINANCE: The Git O-,maree ordinance adopted by the City Council and codified in Chapter 94 "Floods" of the La Porte, Texas Code of Ordinances .ram that defines the special flood hazard areas of the City and regulates land development more restrictively within such areas, GENERAL PLAN: A map or plat plan illustrating designated to illust ate the general design features and street layout of a proposed development which is proposed to be platted and developed in phases. This plan, when approved by the Commission, constitutes a guide which the Commission should refer to in the subsequent review of Subdivision Plats or Development Site Plans that cover portions of the land contained within the General Plan, was well as adjacent property. HARRIS COUNTY ROAD LAW: A special law of the State of Texas found in Acts 1913, Special Laws, Chapter 17, as may be from time to time amended. INDUSTRIAL DISTRICTS: That land within the extraterritorial jurisdiction of the City of LaPorte, and either: (a) Being designated as the "Battleground Industrial District 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 LaPorte, Texas" in Ordinance 842, passed by the City Council of the City of LaPorte; or (c) Being designated as the "South La Porte Industrial District or La Porte, Texas" in Ordinance 98- 2258, passed by the City Council of the City of La Porte. LOT: An undivided tract or parcel of land contained within a block or designated on a Subdivision Plat by numerical identification. MOBILE HOME PARK: An unsubdivided development divided into mobile home sites for rent and for the installation of mobile home thereon. MOBILE HOME SUBDIVISION: A subdivision divided into mobile home lots for sale. 6 082016 MONUMENT: A fixed reference point or object located convenient to proposed developments in La Porte fef whieh that the City or another governmental agency has determined the elevation above mean sea level and the geographic location within the Texas Plane Coordinate System. MONUMENT SYSTEM: A monument system established by the 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 public street right of ways and adjacent to subdivision reserves or adjacent acreage to prevent access to said public street until the reserve or adjacent acreage has been platted in accordance with this Ordinance [these regulations]. PLAN, DEVELOPMENT SITE: A site plan for unsubdivided developments certified by the land owner and by a Professional Engineer or Registered Public Surveyor, executed by the City Approving Authority and prepared as specified in Seaiea 4.09 Section 86-7 of these fee ulati r - this Chapter. 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 designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may by 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 by annexation of additional land area; or a group of contiguous Planned Unit Developments, as separate entities or merged into a single consolidated entity. PLANNING CONSULTANT: A certified land planner, Texas registered professional engineer, Texas registered land surveyor, Texas registered architect, or other qualified consultant, who performs land planning services to subdividers or developers for a fee. PLAT, ADMINISTRATIVE: A replat or subdivision of 1 n� land totaling ten (10) acres or less, and involving four (4) or fewer lots fronting on an existing streets and not requiring the creation of any new street or the extension of municipal facilities or the aggregation of multiple lots into one lot. PLAT, AMENDING: A plat, previously approved by the Commission and duly recorded, which is resubmitted to the Commission for re -approval and recording which contains dimensional or notational corrections or erroneous information contained on the originally approved and recorded plat. An amending plat is not to be considered as a replat or resubdivision and may not contain any changes or additions to the physical characteristics of the original subdivision, but is intended only to correct errors or mis-calculations as allowed under the provisions of Chapter 212 of the Texas Local Government Code. PLAT, FINAL: A map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate County records and prepared in conformance with Sec. 86-8(c)See4iea 4.04 et seq. of this Ordinance. 0820"I6 PLAT, PRELIMINARY: A map or drawing of a proposed subdivision illustrating its development features for review, prepared as specified in Sec. 86-8(b)See6eii 4.04, et seq. of this ordinance. PLAT, STREET DEDICATION: A map or drawing suitable for recording in the appropriate county records illustrating the location of a right-of-way intended for dedication as publie st+eet within a specific tract of land. PUBLIC IMPORVEMENTS CRITERIA MANUAL (PICM): The set of standards set forth by the Director of Planning and Development Department and approved by the City Council to determine the specific technical requirements for construction of public improvements. The manual may be acquired from the Planning and Development Department, and is on file in the City Secretary's Office. 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 the subdivisions not restricted in use may be shown as "unrestricted". RESUBDIVISION OR REPLAT: The relocation or removal of existing streets or lots by re -platting as allowed under the provisions of m497^a "�ee6ei5—as affieied Chapter 212, Texas Local Government Code, and as amended. RIGHT-OF-WAY: A strip of land acquired by reservation, dedication, prescription or condemnation and used or intended to be used as a road, utility installation, crosswalk, railroad, electric transmission lines, or other similar 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 streets 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 properties. STREET, PRIMARY ARTERIAL: An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic. STREET, PRIVATE: A vehicular access way, under private ownership and maintenance, providing access to buildings containing residential dwelling units without direct access 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. STREET, PUBLIC: A publically owned or maintained right- of- way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties. 8 0820"I6 STREET, SECONDARY ARTERIAL: A primary thoroughfare whose predominant function is the movement of traffic but which provides more access than normally associated with a primary arterial. STREET, STUB: A public street not terminated by a permanent 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 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 community and so designated on the latest edition of the GityLThoroughfare Plan as contained in the City's Comprehensive Plan. SUBDIVIDER: Any owner or authorized agent thereof, proposing to divide, or dividing, land so as to constitute a subdivision according to the terms and provisions of this 8rdiaaaee Chapter. A subdivider is further defined to be a developer. 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 laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of the purchasers or owners of lots fronting thereon or adjacent thereto. A subdivision 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 subdivision is further defined to be a development. SUBDIVISION, MAJOR: Any subdivision not qualifying as a minor subdivision, as the term "minor subdivision" is defined herein. SUBDIVISION, MINOR: A subdivision involving less than ten (10) acres of land, which has no common area or reserves, has no adjacent stub street right of ways, and requires no change to the City's Comprehensive Plan. SUBMITTAL DATE: The date and time specified in this chapter 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 defined. TITLE CERTIFICATE (ABSTRACTOR'S CERTIFICATE, PLANNING LETTER): A certificate prepared and executed by a title company 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 Ordiaa-neeChapter which shall include any part of the property included in a subdivision plat or development site plan. V Dom: WAIVER: Permission granted in writing by the Commission to depart from the literal requirements of this ^Chapter. ZONING ORDINANCE: The Zoning Ordinance of the City of LaPorte, Texas, codified as Chapter 106 in the La Porte Texas Code of Ordinances, together with any amendments thereto. 9 0820"I6 Sec. 86-5. Pre -development Applicant Consultation. (a) The developer or owner of land may choose to schedule a Pre -development Applicant Consultation (PAC) meeting with the Director. The PAC meeting is intended to provide information on the City's review process, procedures and requirements and allow for dialogue between the City and developer or owner of land prior to submittal of any development application outlined in this chapter. Sec. 86-6. General Plans. (a) General Plans are required for all phased projects 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 filing a new General Plan. 10 082016 (b) Application shall be submitted to the Department at least three (3) weeks before the date which Commission review is requested, unless otherwise approved by the Director. (c) Application shall consist of all required documentation submitted either electronically or one (1) paper copy in a 24"x36" format. weeks before the date at whieh Commission r-eN,* ad. Complete instnue4ion for- Pr-epaflfig Geaefa4 Plans are eef4aiaed in Appea&E G. (d) The following information must be submitted as part of a General Plan submission: 44 s appe &-E (1) Application and applicable fee. (2) Development checklist. (3) Project description letter. (4) Any additional information required by the Director. (5) The General Plan shall graphically contain the following a. Name of the development. (Gannet be dopheates ef b. Legal description of the site. the a.,.. e , n bstFae4 NumberH i4s retest., Teias" . ldef* owner-s e c. Existing and proposed zoning. d. Name and contact information of the developer. e. Name and contact information of the project design team f Developer/Owner signature block. g. City approval signature block. h. Scale of plan in engineering format. aea4ez f 1" - 100' ti i. North arrow. in if4ia . to .,F i, t f soot if p-.,e4ieable4 j . Vicinity kt-�-map showing relation of development to surrounding streets, railroads and watercourses. 11 082016 k. Perimeter boundary of the property. be r,,-a po ete - betta of of pfepeFty. 1. Identification of each phase of development and proposed land use/s for each phase. plamied in. Label adjacent subdivisions, streets, easements, water courses, acreage tracts, and other natural and manmade features. n. Show land contours at one foot intervals o. Identify required building lines adjacent to all existing or proposed public and private streets and alleys. p. If building locations are known, include the footprint of each building, indicating the building type, building height, number of stories, floor area, and density of residential development. q. Show rights -of -way for all streets and alleys either existing or proposed within or adjacent to the general plan boundaries. Indicate right-of-way width of all streets as identified in the PICM. Identify whether streets are intended to be public or private. r. Indicate approximate location, widths, and types for all easements whether existing or proposed within or adjacent to the general plan boundaries. s. Identify the location of all existing public utilities within or adjacent to the general plan boundaries and how each phase of development will connect with those utilities. t. Show approximate boundary of flood hazard area as taken from the official FEMA Flood Insurance Rate Maps adopted by the city Git tepeg mphie maps or other sources approved by the Director. u. Stormwater drainage plan showing general drainage basins and possible location for on - site detention if required. v. Traffic study or written documentation from the Director that the development does not necessitate a traffic study. w. Other information required by the Director. pfopesed usage of afi�, sites if4eaded for- r-estr4e4ed or- ttaFestfieted Fesel=�,ed (wit subdii4sions) or- for- dei,elepmef4s Wier- than subdii4sions. ladie id proposed iEeiiiiig f eaeh s4e. 12 0820"I6 (e) Unless stipulation for additional time is agreed to by the applicant, the failure of the Commission to act within thirty (30) days from the date of the filing of the application by the developer, will cause the General Plan to be deemed approved. (f) General applications shall comply with all applicable city ordinances and statutes prior to approval by the Commission. The Commission shall review the General Plan and take one of the following actions: (1) Approve the General Plan as filed. Commission approval of the General Plan authorizes the developer to file a Preliminary Plat or a Development Site Plan. (2) Conditionally pprove the General Plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the Chairman of t4e Plcffliiiiig Commission. Commission conditional approval requires submission of an amended General Plan and additional documentation as specified by the Planning Commission for final Commission approval, which may be filed concurrently with the next Preliminary Plat or Development Site Plan, as the case may be. (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 Commission. Commission disapproval of a General Plan requires submission of a new General Plan. (g) The original approved mylar of the General Plan shall be retained by the Department in the official files of the Commission. No subsequent plan or plat will be approved until the original mylar has been delivered to the department. (h) 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. (i) The developer, subdivider, or owner may request in writing a one year extension specifying the reason why the document has not been filed. 13 0820"I6 Sec. 86-7. Development Site Plans. (a) General (1) The following sections of this Chapter efdiwfflee outline procedures for preparing and obtaining approval for developments not defined herein as subdivisions. Except as noted in seaien in subparagraph (2) below i co,. ie n 09(n) below, it shall be a violation of this 8rdie Chapter 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. (2) No Development Site Plan shall be required as provided for herein in the case of development that is solely and strictly a Subdivision (as that term is defined herein) and the requirements of Seaiea 4.04 Section 86-8(c) of this Or-dinanee Chapter have been satisfied for each subdivision. (3) For both Major and Minor Developments, the Development Site Plan +*s shall be drawn accurately to scale with exact dimensions. When accompanied by all other required documentation, Development Site Plans shall contain sufficient detail for evaluation of the proposed development. eef4aiaed in Appea&i E. (4) The following information must bey provided as part of a Development Site Plan submission: a. Application and applicable fee. b. Development checklist. c. Project description letter. d. Drainage Plan and/or calculations as required by the Director. e. Exterior building elevations for sites subject to the city's Design Guidelines (Chapter 106, Article IX). f Traffic Impact Assessment, if required by the Director. g. Any additional information required by the Director. h. Development Site Plan showing the location of all improvements on the site, whether existing or proposed. Proposed improvements shall be in compliance with all applicable local, state and federal requirements. The Development Site Plan shall contain the following graphical information: 14 0820"I6 1. Name of development (Gannet be ., dupl eate f as other- name used .r Ar the r;+ 2. Type of development (See La n i4e De of pme t Cheeklist) 3. Description of land within proposed development: " acres out of the Survey, Abstract Number , Harris County, Texas." 4. Legal description of development, including blocks and lots or reserves or a metes and bounds description of the property boundary.. e„bdi ; o ,airg inf ..mat; r a a pr-epeFt�,be rd 5. Name of owner or authorized representative. (if a eempan- �r �r�+;e list came and title f atAher-ized i4a6 e) 6. Name of developer. (if -acempaa�, or- ee Mien, list name and 6t'�tAher-rzed Fepr-esei4atiN,e). 7. Name of planning consultant. 8. Filing date of application. (date fG t. Planning and Zoning Commission no. ie r 9. Engineering Scale. e€P! 10. North arrow in ipAia , t t f shoe 11. Ke�, Vicinity map that shows #e-skewrelation of development to surrounding streets, railroads, and water courses. 12.'�ett�Dr-aw Perimeter boundaries of development including dimensions. 13. Building hae : Indicate all building lines on the site..,,a;.,—f to a4 street r4g_hJ 4 wa�,s. Building Fee�pr_iffts: Draw the fee�pFifft of eaeh building site and show eN,er-all Show shortest distances from each building to nearest building and property line. 14. Adjaeefft pfepeIndicate name, location and recording information for adjacent properties ,ao.�s, streets, easements, water courses, acreage tracts, and other natural or manmade features. 15. Parking table that labels existing and proposed parking in comparison to the required parking for the development. 16. Landscape table that labels existing and proposed trees and shrubs, including name of plant species, quantity and size. 17. Identify topography and label contours in one -foot intervals. Include cut and fill changes to the site. 15 0820"I6 18. Define high banks and flow lines of water courses. Define post -development limits of other natural or manmade physical development obstacles. 19. For mobile home parks, 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 Appendix4)4. Indicate size of each site in square feet. Designate usage of each reserve, such as recreation, laundry drying, and dead storage. Detail site plan as deser-ibed below-. Tle. ol,,, fflef4 Site Phil- 20 Other- site imp -e e,,.erts: Draw perimeter of, dimension, and identify type and usage of each existing or proposed aienal 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. 21. meets= Show rights -of -way of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Show right of way width at points of curvature or tangency, at one point within tangent segments, and at changes in width. 22 St..,� Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. Any proposed street name {Gcannot be duplicates of any street name in current use, unless continuations of existing streets.) 23. U444-�, asasements—Indicate location, widths and types of for all existing and proposed utilities and easements on the site, including, but not limited to, water line, sanitary sewer, drainage, power. Label ladie4e—recording information for existing easements. (See PIGN4 f r ease,rert e f tefi 24. Flood u.,zai-7,a ^ Yea: Show boundary of flood hazard area and shade areas within lat boundaries inside flood hazard area. (See La n ,4e Flood Hazard n,-e. er ie n,-,ainan e Show finished floor elevation of buildings inside flood hazard area. -- --- • -.i -- --- - -- - ----- ------ - - -- -- — - •---r-------- - o.lstif-,�eyeantr-al,ti, is to be installed by the deyel 25. All required dedication statements and certificates must be included 16 0820"I6 (b) Minor Development Site Plan (1) Application shall be submitted to the Department at least two (2) weeks before the date which Director review is requested. Application shall consist of all required documentation submitted either electronically or one (1) paper copy. (2) The Director is the Approving Authority for all Minor Developments Site Plans. Following review of the Minor Development Site Plans, the Director shall, within two (2) weeks of the filing date, take one of the following actions: a. Approve the Minor Development Site Plan as filed. Approval of a Minor Development Site Plan and all accompanying documentation by the Director, together with approval of Public Improvement Construction Documents by the Director, results in issuance of a Development Authorization by the Department. b. Conditionally approve the Minor Development Site Plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the Director. Conditional approval of a minor development Site Plan requires that the developer satisfy the conditions established by the Department. Once the stated conditions have been satisfied, the Minor Development Site Plan and accompanying documentation may be resubmitted for Department approval. c. 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. Disapproval of a Minor Development Site Plan requires filing of a new Minor Development Site Plan. (3) 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 Enforcement Division. (4) Unless stipulation for additional time is agreed to by the Developer, the failure of the Director to act within twe four (24) weeks from the date of submittal of the Minor Development Site Plan by the Developer will cause the Plan to be deemed approved. (5) Director disapproval of a Minor Development Site Plan may be appealed to the Commission within twenty (20) days of the mailing of a written notice of disapproval. Once the appeal has been filed, the Minor Development Site Plan will be presented to the Commission for its ruling as specified for Major Development Site Plans in Seaier (B) .,bE e subparagraph (c) below. The following materials must be filed with the City Secretary for an appeal: a. A copy of the Director's disapproval letter. b. A letter stating the basis of appeal. c. A copy of the Minor Development Site Plan. 17 0820"I6 (c) Major Development Site Plan (1) Application shall be submitted to the Department at least three (3) weeks before the date which Commission review is requested. Application shall consist of all required documentation submitted either electronically or one (1) paper copy. (2) The Commission is the Approving Authority for all Major Development Plans. Following review of the Major Development Site Plan, the Commission shall , within thifty (30) days ef the filing date, take one of the following actions: a. Approve the Major Development Site Plan as filed. Approval of a Major Development Site Plan and all accompanying documentation by the Commission, together with approval of Publ e lmp -e emef4s construction documents for any proposed public improvements by the Director results in issuance of a Development Authorization by the Department. b. Conditionally approve the Major Development Site Plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the Chairman of the Plamiiiig Commission. Conditional approval of a Major Development Site Plan requires that the Developer satisfy the conditions established by the Commission. Once the stated conditions have been satisfied, the Major Development Site Plan and accompanying documentation may be refiled for Commission approval. c. Disapprove the Major 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 Chairman of the Planning Commission. Disapproval of a Major Development Site Plan requires filing of a new Major Development Site Plan. (3) Commission action shall be noted on four (4) copies of the Major Development Site Plan, which shall be distributed to the developer, Department, City Code Enforcement Division, and official Commission files. (4) Unless stipulation for additional time is agreed to by the developer, the failure of the Plafming 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. (d) Amendments to Minor and Major Development Site Plans (1) Amendments to minor and major development site plans are those that provide for rearrangement or reconfiguration of floor plans or building elevations, modifications to parking areas, landscape areas, drainage facilities, utilities or other site improvements. An amendment may only occur to a site plan that has an active building permit on file. (2) Said modifications shall: 18 0820"I6 a. Comply with all requirements of Chapter 106 of the City's Code of Ordinances and other applicable city regulations. b. Not conflict with the Comprehensive Plan. c. Not change the character of the development or the intent of the original plat approval. (3) The Director is the Approving Authority for all Amendments to Site Plans. Following review of the amendment, the Director shall, within two (2) weeks of the filing date, take one of the following actions: a. Approve the amendment as filed. Approval of an Amendment shall be clearly noted on the originally approved site plan, along with any conditions required by the Director. b. Disapprove the amendment as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the Director. (4) Director disapproval of an amendment may be appealed to the Commission within twenty (20) days of the written notice of disapproval. Once the appeal has been filed, the amendment will be presented to the Commission for its ruling as specified for Major Development Site Plans in subparagraph (c) above. Sec. 86-8. Subdivision plats. (a) The following sections outline procedures for preparing and obtaining approval of Subdivision Plats for residential, commercial, or industrial properties. All Final Subdivision Plats must be recorded in the County map records. (b) Preliminary Plat (1) Preliminary Plats are required for all Major Subdivisions and shall be consistent with the approved General Plan, if applicable. (2) Application shall be submitted to the Department at least two (2) weeks before the date which Commission review is requested. Application shall consist of all required documentation submitted either electronically or one (1) paper copy. , least two (2) weeks before the date whieh Gemmis i r-equested. Prvlimiaaf�, dimensions for- other- lines. Complete instnue4ions for- pr-epafiag Pr-elimiaaf�, Plats and r-equir-ed (3) The following information must bey provided as part of a Preliminary Plat submission: 19 0820"I6 a. Application and applicable fee. b. Development checklist. c. Project description letter. d. Any additional information required by the Director. e. The Preliminary Plat shall graphically contain the following (ensure compliance with PICM standards, where applicable): 1. Name of subdivision, which cannot be similar to that of an existing subdivision. 2. Type of development. 3. Description of land on which subdivision lies: acres out of the Survey, Abstract Number , Harris County, State of Texas." 4. Date. 5. Scale in engineering format. 6. North arrow. 7. Name of developer and property owner. 8. Name of surveyor and/or engineer preparing the plat. 9. Total number of lots, blocks and reserves. 10. Indicate size of each lot and reserve. 11. Vicinity map in relation to surrounding streets, railroads and water courses. 12. Label adjacent properties including ownership information and HCAD parcel identifications, where applicable. 13. Show all physical features of the site including high banks of water courses and any other natural or man-made physical development obstacles. 14. Draw perimeter boundaries of the subdivision. 15. Show proposed layout of blocks and lots or reserves within blocks. 16. For 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). 17. Label contours at one -foot intervals. 20 0820"I6 18. Show and label all rights -of -way of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Indicate right-of-way width between points, curvature, tangency and at changes in width. 19. Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. Street names cannot be duplicates of any street names in current use, unless continuations of existing streets or as part of a historical grid pattern. 20. Label location, widths and types of all easements, either existing or proposed, within the platted area or immediately adjacent thereto. Include any recording information on any existing easements. 21. Show nearest city approved survey monument and exact bearing (nearest second) and distance (nearest hundredth of a foot) to a defined point on the perimeter boundary of the property. 22. Show location of all proposed survey control monuments to be installed by the developer pursuant to Section 86-9 of this Chapter. 23. Show boundary of flood hazard area/s as adopted by the city. 24. Show location of all existing and proposed storm drainage, sanitary sewer system, and water lines. 25. For condominium developments: 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. 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. Building haes: ladieate building lines adjaeef4 to A &iistiag or- proposed stFeet r4gk of (4) Preliminary Plat applications shall comply with all applicable city ordinances and statutes prior to approval by the Commission. The Commission shall review the plat and take one of the following actions: a. Approve the Preliminary Plat as filed. b. Disapprove the Preliminary Plat as filed, provided, the reason for such disapproval is stated in writing and a copy of the statement is signed by the Chairman of the Commission. Disapproval may also include conditions for resubmittal of Preliminary Plat. fiaaeemmissiona 21 0820"I6 (5) Unless stipulation for additional time is agreed to by the subdivider, the failure of the 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. (6) The original approved mylar of the Preliminary Plat shall be retained by the Department in the official files of the Commission. r,,,,.missio .,etier shall be neted r t ee (3) e o E)f toe Commission. (7) 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 subdivider or owner may request in writing a one year extension specifying the reason why a Final Plat has not been filed. (c) Final Plat (1) Final plats are required for all subdivision, 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. (2) In conjunction with the filing of the Final Plat, the subdivider or developer shall file a proposed set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within the Final Plat. The covenants and restrictions shall include provisions creating an association of lot owners charged with the responsibility 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 parking areas included within the Final Plat. The association shall be empowered to levy assessments to be used exclusively in the enforcement of the covenants, restrictions, conditions, and reservations affecting the property enclosed in the Final Plat, and for the furtherance of its responsibility of improving 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. (3) 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 complies with this chapter. (4) Application shall be submitted to the Department at least two (2) weeks before the date which Commission review is requested. Application shall consist of all required documentation either electronically or one (1) paper copy. Fie (5) , o of the Fiaa Plat eel4i fiO b t4O Commission. (5) The following information must be submitted as part of a Final Plat submission: 22 0820"I6 a. Application and applicable fee. b. Development checklist. c. Title certificate, abstract, or planning letter. d. Complete public street construction drawings for approval by the Director. e. Complete public utility construction drawings for approval by the Director. f. 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. g. Letters from the servicing utility companies approving of the easements shown on the plat. h. Copy of deeds for any private easements within the subdivision. i. Commitment of park dedication as required in Section 86-11 of this Chapter. J. 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 adjustments. k. Set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within the Final Plat. 1. Title information as required in Section 86-9(n) of this Chapter. in. Any additional information required by the Director. n. Final Plat to graphically contain the following (ensure compliance with PICM standards, where applicable): 1. The graphical requirements outlined for a Preliminary Plat in Section 86-8(b)(3)(e), Items 1-22. 2. Metes and bounds description in map for with appropriate bearings and distances. 3. Owners' Acknowledgement Statement 4. Lienholders' Subordination Agreement, where applicable 5. Plat Accuracy Certificate 6. Final Survey Certificate 7. Approving Authority Certificate 23 0820"I6 8. Harris County Clerk Filing Statement 9. Permanent Access Easement must be labeled for any proposed private roads. 10. Any other special statements required by the Director (6) Unless stipulation for additional time is agreed to by the subdivider, the failure of the 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. All Fiaa Plats Minaappf-Oi,al f E)m t4O ealeadaf da�L. of the filing date, Wie e of the f ii,,.r,i — ,.ens (7) Final Plat applications shall comply with all applicable city ordinances and statutes prior to approval by the Commission. The Commission shall review the plat and take one of the following actions: a. Approve the Final Plat as filed. Such approval of a Final Plat as filed and all accompanying documentation by the Commission, together with approval of Public Improvement Construction Documents by the Director shall result in issuance of a Development Authorization by the Department which permits the developer to begin construction of subdivision improvements. b. Disapprove the Final Plat 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. Such disapproval requires filing of a new Final Plat. (8) Notice of the Commission's action shall be forwarded to the applicant. neted e t ee (3` (9) 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, 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 one year extension specifying the reasons why construction has not commenced. The Planning & Zoning Commission shall not sign and deliver a copy of the plat to be recorded, nor shall such Final Plat be recorded, 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 improvements within two years of commencement of construction, approval of the Final Plat shall terminate upon written notice from the Commission to developer or owner. The developer or owner may request a one year extension in writing from the Director specifying the reasons why construction had not been completed. 24 0820"I6 The Final Plat shall not be recorded unless the deed restrictions called for herein are recorded simultaneously with the recordation of the Final Plat. (10) After recordation with Harris County, the original recorded mylar film of the Final Plat shall be retained in the official files of the Commission. (d) Administrative Plat (1) The same submittal requirements for a Final Plat approval apply to an Administrative Plat. (2) Administrative Plat applications shall comply with all applicable city ordinances and statutes prior to approval by the Director. The Director shall review the plat and take one of the following actions: a. Approve the Preliminary Plat as filed. b. Disapprove the Preliminary Plat as filed, provided, the reason for such disapproval is stated in writing. Disapproval may also include conditions for resubmittal. If said plat is disapproved, the applicant may elect to refer the plat to the Commission for consideration. (3) The Director may, for any reason, elect to present the plat to the Commission for approval of the plat. (4) Unless stipulation for additional time is agreed to by the subdivider, the failure of the Director 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. (e) Replat of recorded subdivision plats (1) 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 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 acknowledgement 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, ae4iei5, A 974 a 212.014 and 212.0145 of the Texas Local Government Code; d. It has been approved by the Commission after being prepared and filed as though it were an original plat as specified in Sew 404 subparagraph "c" of this section 8fdinanee and e. All expenses incurred by the City or the subdivider in the Replat process shall be borne by the subdivider, including costs of notice at public hearing. 25 0820"I6 (f) Amending Plat (of recorded subdivision plats) (1) An Amending Plat may be filed for record in the County map records to correct dimensional errors, notational errors or 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. (2) 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 212.0065 of the Texas Local Government Code. The Director of Planning may, for any reason, elect to present the Amending Plat to the 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 Texas Local Government Code. (g) Vacating Plat (of recorded subdivision plats) (1) The vacation of Subdivision Plats, which is authorized and regulated by Section 212.013 of the Texas Local Government Code, shall be permitted, provided: a. All owners of all property contained within the previous 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 certificate is recorded as a single instrument in the county records as required by Section 212.013 of the Texas Local Government Code Ai4iele 974a,VT'rc Seel e 5(a) Sec. 86-15. General standards for subdivision and developments. (a) Streets and alleys. (1) Street classification system. The street pattern of the city should provide adequate circulation wipe while discouraging through traffic within local neighborhoods. This may be accomplished by providing thoroughfares spaced at approximately one -mile intervals and 26 0820"I6 collector streets within neighborhoods spaced at about half -mile intervals to link local streets to the thoroughfare network. (2) Street width. Public or private streets shall have a minimum pavement width of 28 feet. Public or private alleys shall have a minimum pavement width of 20 feet. (3) Thoroughfare extension. Right of way widths for thoroughfare extensions shall be as indicated in the PICM along the entire frontage of the tract being developed. Where the existing dedicated right of way width fronting the adjacent property is less that shown in the PICM, a transition zone of 300 feet of frontage of the new development shall be provided between the existing and new right of ways. (4) Continuation of adjoining streets. The arrangement of streets in new developments shall make provisions for the appropriate continuation of existing streets from adjoining properties. (5) 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 projection 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 the PICM. (6) Provisional one -foot reserve. Required along the side or end of streets that abut acreage tracts. The note shown in Enelestir-e 4 to ^ „por&i P is to appear shall be notated on the Final Plats and Street Dedication Plats, where appropriate (7) Street names. Street names shall be the same as existing street names, if they are continuations of existing streets. Otherwise, no street name shall be permitted that is a duplicate of an existing or proposed street name within the City. Proposed new names must be submitted to the Department for checking prior to the submittal of first plat or plan. The developer shall provide street name signs in accordance with the PICM Manuat (8) Alleys. Alleys may be provided within any subdivision or development to provide secondary vehicular access to building sites which otherwise have their primary access from an adjacent public street. Alleys shall not be used or designed to provide principal access to any tract of land and shall not provide access to property outside the development boundaries in which the alleys are located. Dead end alleys are not permitted. (9) Private streets and alleys. Streets and alleys in 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 alleys will be identical to design and construction standards for public streets. Right of way lines may be coterminous with the edge of pavement. 27 0820"I6 (b) Engineering data. Please see the PICM. (c) Lots. The following standards shall apply to all lots: (1) 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. (2) Lots should be rectangular so far as practicable and should have the side lot lines at right angles to streets on which the lot faces or radial to curved street lines. (3) Lots with double frontage are prohibited except when backing on major thoroughfares and upon approval by the Planning Commission. (4) All lots shown on the plat will be for residential purposes unless otherwise noted. (5) Side lot lines should be perpendicular or radial 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." (6) Driveway access to thoroughfares shall be prohibited. (7) Double front lots are prohibited except when backing on major thoroughfares or on corner lots. (7) Lots shall be sized in accordance with the requirements of Chapter 106, Zoning. (d) Drainage easements. The following standards shall apply to all drainage easements: (1) The location and width of all easements shall be determined by the Director of Planning -r� Pe of pmef + nepaFtmen for all plats or plans within the cities jurisdiction, 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 *e language language approved by the Director. (e) Utility easements. The developer shall coordinate all public and private utility easements with the applicable entity as required in this Chapter. All „ ilia ef4s shall be wer4ied et4 with the p„�.': (f) Platting of public streets or easements across private easements or fee strips. The following shall apply when 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 adjacent lot and tract corners. Where the private easement has no defined location or width, an effort shall be made to reach agreement on 28 0820"I6 a defined easement. Where no agreement can be reached, then existing facilities shall be accurately located and tied to lot lines, and building setback lines shall be established as specified in Section 5.04. (3) Prior to approval of the Final Plat or Development Site Plan, the developer or dedicator of any Subdivision Plat or Development Site Plan, wherein public streets or easements are shown crossing private easements or fee strips, shall by letter to the Git Pl wing Commission assume responsibility for seeing that any adjustments and protection of existing pipelines, electrical transmission lines, or other facilities 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. (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 granting to the public the use of said public streets or easements over and across said private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the type of public streets and easements indicated. This instrument shall be delivered to the Git Planning Commission to be filed for record along with 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. (g) Monumentation requirements. The following are requirements for monumentation for subdivisions and developments: (1) Subdivisions a. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along streets centerlines 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 PICM. b. At least one control monument shall be accurately tied, by angle and distance to an approved City of La Porte monument. Elevation shall be established for each control monument installed. Datum shall be supplied or approved by the Department. c. Elevations and coordinate values for each control monument shall be submitted in accordance with Appea&i P (Sub ii,is e Plats) language approved by the Director and approval by the Department prior to execution of the Final Plat. 29 0820"I6 d. All corners of the subdivision, all angle points and points of curvature in the subdivision boundary, all block corners, all angle points and points of curvature in each street right of way shall be marked with iron rod not less than three fourths (3/4) of an inch in diameter and thirty (30) inches in length, placed flush with the finished ground elevation. e. 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. f All required monumentation shall be completed prior to final acceptance of the subdivision and execution of the Plat. (2) Major developments a. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along street 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 PICM. b. 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 installed. Datum shall be supplied or approved by the Department. c. 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 improvements. d. All lot corners within the Development shall be marked with iron rods not less that five - eights (5/8) of an inch in diameter and thirty (30) inches in length, placed flush with the finished ground elevation prior to commencement of any building construction. (3) Minor developments a. 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. (h) Public improvements (1) The developer shall pay all costs for providing the development with streets, water mains, sanitary sewers, and storm sewers in accordance with plane and specifications for such improvement approved by the Director of Planning Pe elepme 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. (2) The subdivider or developer shall guarantee construction of all approved public improvements as provided in this section and in conformance with the adopted PICM. 30 0820"I6 (3) 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 the 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. (i) Reimbursement for oversizing (1) All improvements required in a Subdivision or Development will be installed at the developer's cost, unless otherwise provided. The cost of utilities and streets which are required by the City to be larger than would be normally 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. 0) Record drawings (1) The engineer representing the developer must present to the Director [project information electronically to the City], reproducible complete "record drawings" for all paving, drainage structures, water lines and sewer lines within thirty (30) days after completion of each contract. The Director will not certify approval of public improvements construction until record [all] drawings have been submitted. (k) Fees. The following schedule of fees and charges 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 department shall take no action until the fee shall have been paid. Development Type Major/Minor Fees Site Plan Major (Greater than 10 acres) $300.00$150.00 ffp4-a for 10 acres; each additional acre $5.00 Minor (Less than 10 acres) $200.00 $100.00 up to 1 acre; each additional acre $5.00 General Plan $250.00$100.00 Preliminary Plat Residential: $200.00 for 0-50 lots; each additional lot $5.00 Other: $350.00$200.00 for up to 10 acres; each additional acre $10.00 Final Plat Major (Greater than 10 acres) Residential: $150.00 for 0-50 lots; each additional lot $5.00 Other: $350.00$200.00 for up to 10 acres; each additional acre $10.00 31 0820"I6 Minor (Less than 10 acres) Residential: $150.00 Other: $250.00 Amending Plat Residential: $100.00 Other: $250.00 Replat Residential: $150.00 phis $5.00 pe964 Other: $250.00 Vacating Plat $250.00$100.00 Variance (Development $250.00$150.00 Regulation) (1) Plat/Plan Graphic Symbols. The following line symbols are established for all plans and plats: (1) Boundaries: Show perimeter boundaries, development phases in bold solid lines boundaries. right of ways and boundary lines between i. Use solid lines ( ) for block and lot (2) Building lines: Indicate by long dashes separated by short dashes ( _ _ _ _ ). (3) Easements: Indicate by short dashes ( _ _ _ _ ) (4) Stream and depression high banks: indicate by long dashes separated by three short dashes (5) Edge of flood hazard area: Indicate by long dashes separated by circles ( o 0 o ). (6) Adjacent properties: Indicate lines outside boundaries of proposed development by long dashes ( ). (m) Plat/Plan Geometric Standards. The following table outlines geometric standards for plans and plats: Item Description General Plan Preliminary Final Development Subdivision Plat Subdivision Site Plan Plat 13zn%r�lu,, d...� ........ ......... ......... ........ ......... ......... ........:......... ......... ........ ........ Exact: Angles to the nearest second, X X distances to the nearest hundredth of a foot. Approximate: Angles to the nearest X X de ree, distances to the nearest foot. c�,Z,Zc�ikzn ,�n'�r�rrl'cz'fiar� t� ,r�vxd�d Bearing (in degree) for tangent X X X X (straight) lines Distance (in feet) for tangent (straight X X X X 32 082016 lines Radius of curve (R, in feet) for X X X X curvilinear lines Central delta angle (A, in degrees) for X X curvilinear lines Arc length (L, in feet) for curvilinear X X X X lines Cord length (C, in feet) for curvilinear X X lines Chord bearing (CB, in degrees) for X X curvilinear lines ctrcd ea�eta��rt't,crlZ ltr�e� %et���L��c ,c�lrebnafl�xl'a fhe �llb�n ;, ,�z�il�, Points of beginning or ending X X X X Lots, block, or reserve corners X X X X Angle points X X X X Points of tangency or curvature X X X X Points of inflection (reserve curvature) X X X X Points of intersection with crossing X X lines for lots, blocks, reserves, rights - of -way, easements, stream or depression high banks, and flood hazard area boundaries Lid s t ,2�e, 'e xn d' r ht 7i; bch v fir ..... r d „r szc r i r ' ix,cx„ ,. ,ar , a Yxf) lxrl s, eit cerl' Points defining the limits of the high X X X bank Points of intersection with crossing X X lines for lots, reserves, easements and rights -of -way Lirs t,be, de xnsr ,scd hazard aa,,rle,%ec Points of defining the limits of the X X X flood hazard area (Consult City Flood Zone Administrator for required elevations) Points of intersection with crossing X X lines for lots, reserves, easements and rights -of -way (n) 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 than 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 the 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 records, together with the recording information or the instruments whereby such owner acquired fee simple title. 33 0820"I6 (4) The names of all lienholders together with the recording information and date of the instruments by which such lienholders acquires 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 question 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. Sec. 86-16. Engineering and construction standards for subdivisions. (a) Streets and alleys. (1) All streets shall be reinforced concrete pavement on a compacted subgrade. Concrete pavement shall be provided 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. (2) Pavement design shall conform to the PICM. (3) Curb and combination curb shall be constructed of reinforced concrete. Cross section and slopes shall conform to the PICM. (4) All concrete shall be designed and controlled by a competent laboratory as required by the PICM. (b) Drainage and storm sewer. (1) Adequate drainage shall be provided within the limits of the subdivision as to reduce the community's exposure to flood hazards with respect to adjacent, upstream and downstream developments. (See also Chapter 94 "Floods" of the Code of Ordinances of the City of La Porte for additional requirements.) Adequate drainage shall be provided within the limits of the subdivision and/or development. The protection of adjoining property shall be accounted for in design of the system in conformance with the PICM, and shall be subject to the approval of the Director. The design and sizing of the system shall be in conformance with the PICM, and subject to the approval of the Harris County Flood Control District and the Director r,o (2) Any person or persons that alters or changes the elevation of property shall be responsible for applying for and obtaining, prior to said change or alteration of the elevation of the property, a development authorization from the Git Plann rn Department. Any change or alteration in the elevation of property requires submission of a site plan prior to the change or alteration of property, which said site plan shall delineate the proposed change or elevation of property. Said certified site plan shall be subject to approval by the City Engineer. 34 0820"I6 (3) Fill dirt permit shall be required by the City. Exhibits show fill dirt regulations, grading standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill material; and providing silt prevention and revegetation standards. Said fee shall be $25.00 for the first 49 loads of permitted fill dirt, and $2.00 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. (4) A stormwater quality permit may be required in accordance with city, state and federal law. (c) Water and sewer system. (1) The design and construction of all water and sewer systems shall be in conformance with the PICM, and subject to approval by the Director of r,,,,.,, trait. Pe elepmThe developer or owner shall provide the necessary certificates from all other governmental agencies certifying compliance with their regulations. (d) Street lighting. (1) All rvs'W public streets and non- residential parking lots where intended for use by the general public in the City must be served adequately by lights. Lighting must be located and installed in accordance with the specifications of the PICM. Sec. 86-25 Open space within subdivisions and developments. (a) Purpose. (1) 44iis ,,,-,maree is amended with the ee It is the policy of the City to provide recreational areas and amenities in the form of neighborhood and community parks as a function of residential development in the City 8l-of La Porte. This ,,Fdii .mee a~ eiiEI ~e~+ Section is enacted in accordance with the home rule powers of the City of La Porte granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, Texas Local Government Code, § 51.071 et seq. and § 212.001 et seq. It is hereby declared that by the City Council of the City of La Porte that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such requirement into the procedure for planning and development of property of a residential subdivision in the City of La Porte, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas. Neighborhood and community parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the La Porte Parks, Recreation and Open Space Master Plan, or neighborhood and community areas. The park zones established by the La Porte Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open Space Master Plan, or neighborhood area, shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property 35 0820"I6 owners who by reason of the proximity of their property to such parks shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect such purposes. In order to provide an equitable method of determination of the requirements for future development of residential areas of the City of La Porte, the following formula is hereby adopted: The population of the City based on the latest United States Census data, adjusted on an annual basis based on the predicted growth of the City as found in the Parks and Open Space Master Plan for the year in which the adjustment is made, is identified. The resultant number is divided by the number of acres of available neighborhood and community parkland inventory in the City of La Porte, resulting in the number of persons per neighborhood or community park acre in the City of La Porte. This result is then divided by the number of La Porte persons per dwelling unit as identified in the latest United States Census data, giving the number of dwelling units per acre of neighborhood or community parkland. This number is then divided into the total acquisition cost for land at the average appraisal value, and development cost per acre for development of the land into a typical park as identified in the Parks and Open Space Master Plan of the City. This formula provides a baseline for determining the number of dwelling units per acre rate for future development within the City, the parkland dedication or in lieu acquisition costs for parkland, and the cost of future park development. This formula shall be applied and reviewed periodically to assure that the process for future development remains fair and equitable as established herein. In the event that the periodic review results in a determination of inequity, an amendment to the Ordinance to correct the inequity will be presented to Council for consideration. (b) General requirement for dedication of land and payment of park development fee. (1) Whenever a Final Plat is filed of record with the County Clerk of Harris County, Texas or a development site plan, or a property survey is submitted and filed with the approving authority of the City in accordance with the provisions of this ordinance and other planning and development ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a development of a residential area within the City of La Porte that contains one or more residential dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As used in this Or-dinanee Section, a "dwelling unit" means each individual residence, including individual residences in a multi -family structure, designed and/or intended for inhabitation by a single family. Residential structures that are moved from one area of the City to another area of the City are specifically excluded from the park development fee requirements of this ordinance. Any proposed plat or site plan, or property survey submitted to the City of La Porte for approval shall show the area proposed to be dedicated under this section. The required land dedication of this section may be met by a payment in lieu of land where permitted by the City of La Porte or required by other provisions in this ordinance. 36 0820"I6 In the event a plat is not required and a development site plan or property survey is filed, the dedication of land or payment in lieu of land required under this section shall be met prior to the issuance of a building permit by the approving authority of the City. (2) The City Council of the City of La Porte declares that development of an area less than one acre for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are proposed by a plat filed for approval, the approving authority may require the developer to pay the applicable cash in lieu of land amount, as provided in Seetien 1-2.0-2 subsection "c" below 1a (3) In addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance of a building permit. Such park development fee shall be set from time to time by ordinance of the City Council of the City of La Porte sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by ordinance of the City Council of the City of La Porte, the park development fee shall be calculated on the basis of $318 per dwelling unit. (4) In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the approving authority. The developer shall financially guarantee the construction of the amenities and improvements, and the City of La Porte must approve same, prior to the filing of a plat in the case of platted subdivisions. Once the amenities and improvements are constructed, and after the approving authority has accepted such amenities and improvements, the developer shall deed and convey such amenities and improvements to the City of La Porte or to the applicable Homeowner's Association. (5) In instances where land is required to be dedicated, the approving authority shall have the right to accept or reject the dedication after consideration of the recommendation of the Parks and Recreation Director or the Planning and Zoning Commission, and to require a cash payment in lieu of land in the amount provided under comer 1-2 n7 heFet subsection "c" below, if the approving authority determines that sufficient park area is already in the public domain for the area of the proposed development or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. (6) When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the Parks and Recreation Department, at the time of preliminary plat approval, will work with the developer to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and (or) cash to the existing site unless otherwise determined by the approving authority, as provided in seetien 4-2-9-2 herein. (c) Cash payment in lieu of land. 37 0820"I6 (1) A developer responsible for land dedication under this 8fdiaaaee Section shall be required, at the approving authority's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is not required. (2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the City Council sufficient to acquire neighborhood parkland. Unless and until changed by the City Council, such fee shall be computed on the basis of $490 per dwelling unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee of $318 set forth in s0 01 abEwe subsection (b)(3) above. The cash payment in lieu of land dedication is in addition to the required park development fee. (3) The general requirements for dedication of land and payment of park development fees and the cash payment in lieu of land are set forth graphically in Table 1, attached hereto. (4) The City of La Porte may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth as provided herein i seater 1-2 01 .,be ,o Such cash payments are in addition to the payment of the required park development fee. (d) Special fund. (1) All funds collected by this dedication process will be deposited in the City of La Porte's Park Development Fund and used for the purchase or leasing of park land and the development and maintenance of same. All expenditures from the said fund will be reviewed and approved by the Assist Office of the City Manager for the City of La Porte. (2) The City of La Porte shall account for all sums paid into the Parks Development Fund with reference to the individual plats involved. (e) Prior dedication, absence of prior dedication. (1) If a dedication requirement arose prior to the passage of this 8fdiaaaee Chapter, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual number of dwelling units constructed upon property is greater than the former assumed or planned number of dwelling units. Additional dedication shall be required only for the increase in the number of dwelling units and shall be based upon the land dedication and park development fee requirements set forth herein above. (2) At the discretion of the City, any former gift of land to the City may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The approving authority shall consider the recommendations of the Parks and Recreation Department and the Planning and Zoning Commission in exercising its discretion under this subsection. 38 0820"I6 (f) Additional requirements, definitions. (1) Any land dedicated to the City under this Or-dinanee Chapter must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable and may be ground for refusal of any plat: a. Any area primarily located in the 100-year floodway as determined by the Harris County Flood Control District. b. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. (2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City engineering standards as found in Section 5.5.3 of the Public Improvement Criteria Manual of the City of La Porte, if no significant area of the park is cut off from access by such channel, if not less than five (5) acres of the site is above the 100-year flood plain, or if the dedication is in excess of ten (10) acres, not less than fifty percent (50%) of the site should be included in the 100-year flood plain. (3) Each park must have ready access to a public street. (4) Unless provided otherwise herein, an action by the City shall be by the approving authority, after consideration of the recommendations of the Planning and Zoning Commission and/or the Director of Parks and Recreation Department. (5) Any preliminary plat approved prior to the effective date of this ordinance shall be exempt from these requirements set forth herein; however, however when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this ordinance. (g) Instruments of dedication. (1) The park land dedication required Section shall be made in the case of 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 Development Site Plan, the dedication required by the 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 exceeds 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 herein bj, See4iea12-2-O2 of t4is OFdinanee. Sec. 86-26. Waivers. (a) In those instances where, in the opinion of the Commission, strict compliance with the terms, rules, conditions, policies, and standards of the Commission provided in this 8rdinanee Chapter 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 39 0820"I6 affect the property in question and which would make strict compliance with the terms and conditions of this Ofdiiia-neeChapter or any rule promulgated under this Ofdiiift-ffeeChapter not feasible, the Commission may grant the applicant or subdivider a i,aRiaaee waiver as to one or more requirements as long as the general purpose of this 9rdiaaaee Chapter is maintained. Economic hardship shall not constitute the sole basis for granting a wee waiver under this section. (b) A wee waiver granted under the provisions of this 8rdiaaaee Chapter shall only to the specific property upon which the Commission was requested to approve a plat and that such — waiver shall not constitute a change of this O e Chapter, or any part thereof, or establish any policy, rule or regulation contrary to the provisions of this 8fdiiiaiiee Chapter. (c) Any i,afiaaee waiver on a recorded plat granted before the date of adoption of this 8rdiaaaee Chapter is hereby recognized as continuing to be valid and compliance with the provisions of this Section shall not be required. (d) Any person desiring to secure a wee waiver as to the provisions of this Or-dinanee Chapter must submit a written request with the other materials r,, -suaf + to Seel e 4.00 et son he -eil (4.00 is Sketch Plans). Any request for a wee waiver must cite the specific rule, policy or standard contained in this 8rdiaaaee Chapter from which a NTai4aaee waiver is desired. Additionally, the request must state the extent of the NTaFia-nee waiver sought and the specific facts or reasons why such wee waiver is needed (e) No iTaftanees waiver 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 yes waiver request is presented and that where the Commission affirmatively finds: (1) That the iTaftanees waiver would not be contrary to the general purpose and goals stated in this 8fdinanee Chapter. (2) That the iTafta-nee waiver would not be detrimental to the public health, safety or welfare, to be injurious to adjacent property, or prevent the subdivisions or development of other land in the area in accordance with the provisions of this OFdiacmee Chapter. (f) 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 Commission meeting at which such wee waiver was granted." Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said 40 0820"I6 provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4. Ordinance No. 1444, together with all amendments to Ordinance No. 1444, is expressly repealed. Furthermore, all other ordinances or parts of ordinances in conflict herewith are hereby repealed, but to the extent of such conflict only. 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 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 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of , 2016. CITY OF LA PORTE, TEXAS I0 ATTEST: Louis R. Rigby, Mayor Patrice Fogarty, City Secretary 41 082016 Clark Askins, Assistant City Attorney 42 a a 1 City of La Porte Planning and Development Department II trbNaspael II89.�.2 arrr �aetmenII ih-e,,;ar. SIGNATURE BLOCKS AND CERTIFICATES General Plans Developer/Owner Signature Block: The (Name of Development) General Plan is as proposed in this document. Uwe acknowledge that this document indentifies the intended development of the subject parcel. Developer/Owner City Approval Signature Block: This General Plan was reviewed and accepted by the City of La Porte Planning and Zoning Commission on the day of Attest: 20 Chair of the Planning and Zoning Commission Secretary, Planning and Zoning Commission Site Development Plans Owner's Certificate: 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 development 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 and that such abutting property shall not be permitted to drain directly into this easement except by means of an approved 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 as private, shall be maintained as private streets and utilities by the owners, heirs, successors and assigns and, further, that said private streets shall always be available for the general use of the public for fireman, firefighting equipment, police and other emergency vehicles of whatever nature at all times. When owner is an individual or individuals WITNESS my (or our) hand in the City of this day of , 20 (Name of Owner/s) When owner is a company of corporation In TESTIMONY WHEROF, the (Name of company) has caused these presents to be signed by (Name of President), 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 by this day of , 20 (Name — President of Authorized Agent) (Name of Company) (Title) ATTEST: Name — Secretary or Authorized Trust Officer) (Title) (Affix Corporate Seal) Flood Statement: This tract is in Flood Zone and [is/is not] within the 100-year Flood Plain according to FEMA Map # , Dated 082016 Amendment Table: All site plans shall include the following table: Description of Proposed Modification/s: Date of Approval: Approval Authority Signature: Landscape Table: All site plans shall include the following table: LANDSCAPE FABLE Planting strip requirements per Section 106-800(c.1. Mc) Symbol: Common Name: Scientific Name: Amount Required: Quantity Proposed. - Parking lot requirements per Section 106-800(c.1. e) Number of Parking Spaces Provided: Number of Trees required (ratio 1 tree per 10 parking spaces): Species of Shade Trees Provided as Parking Lot Landscaping: Planters Required (ratio of 135 sq. ft. per 10 parking spaces): Parking Table: All site plans shall include the following table: Parking Spaces Required (Include parking ratio from Section 106-839): Parking Spaces Provided: Accessible Parking Spaces Required: Accessible Parking Spaces Provided: 082016 City Approving Authority Certificate: Minor Development Site Plan: This is to certify that on day of , 20 the city of LaPorte, Texas, has approved this site plan and development of (Name of Development) in conformance with the ordinances of the City of LaPorte. By: Director, Planning and Development City Planner City Engineer Major Development Site Plan: This is to certify that on day of 20 the City Planning and Zoning Commission of the City of LaPorte, Texas has approved this site plan and development of (Name of Development) in conformance with the laws of the State of Texas and the ordinances of the City of LaPorte. By: Chair, Planning and Zoning Commission ATTEST: By: Secretary, Planning and Zoning Commission By: Director, Planning and Development City Planner City Engineer 4 082016 Subdivision Plats Owners Acknowledgement: 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 (name 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 subdivision) 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 do hereby declare that all parcels of land designated as lots on this plat are originally intended for the construction of thereon and shall be restricted for same under the terms and conditions of such restrictions filed separately. ADDITIONAL PARAGRAPHS TO BE ADDED AS APPROPRIATE When plat contains natural drainage ways such as bayous, creeks, gullies, ravines, draw or drainage ditches: 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 adjacent to any drainage easement, ditch, drainage ways and easements clear of fences, buildings, and other obstructions to the operations and maintenance of the drainage facility and that such abutting property shall not be permitted to drain directly into this easement except by means of an approved drainage structure. When plat indicated building setback lines and public utility easements are to be established in adjacent acreage owner by the subdivider: 0820"I6 FURTHER, Owners do hereby certify that I am (or we) the owners of the property immediately adjacent to the boundaries of the above foregoing plat of (name and 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. When private streets are established within the plat: FURTHER, Owners 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 owner, 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 fireman, firefighting equipment, police and the 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 City of La Porte: FURTHER, Owners certify and covenant that they have complied with or will comply with the existing Harris County Road Law, Section 31-C as amended by Chapter 614, Acts of 1973, 63rd Legislature and all other regulations heretofore on file with the Harris County Engineer and adopted by the Commissioner's Court of Harris County. When replatted under the provisions of Section 212.014 Texas Local Government Code: FURTHER, the Owners hereby certify that this replat 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. When replatted under the provisions of Section 212.014, Texas Local Government Code: FURTHER, the Owners certify that this replat does not attempt to alter, amend or remove any covenants or restrictions. When owner is an individual or individuals WITNESS my (or our) hand in the City of , 20 (Name of Owner/s) When owner is a company of corporation 6 082016 this day of In TESTIMONY WHEROF, the (Name of company) has caused these presents to be signed by (Name of President), 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 by this day of , 20 an ATTEST: (Name — President of Authorized Agent) (Name of Company) (Title) Name — Secretary or Authorized Trust Officer) (Title) (Affix Corporate Seal) (Include Notary Acknowledgement) Harris County Clerk Filing Statement: I, (name of County Clerk), Clerk of County of Harris, do hereby certify that the within instrument with the certificate of authentication was filed for registration in my office on 20, at o'clock _.M., and duly recorded on 20, at o'clock _.M., and in Film Code No. of the map records of Harris County for said county. Witness my hand and seal of office, at Houston, the day and date last above written. (Name of County Clerk) County Clerk Of Harris County, Texas an Deputy Plat Accuracy Certificate: I, (name of engineer or survey, 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 is true and correct; and that all bearings, distances, angles, curve radius, and central angles are accurately shown on the plat. an (Name of Engineer or Surveyor) 082016 Texas Registration No. (Affix Seal) Plat Final Survey Certificate: I (name of surveyor) , registered under the laws of the State of Texas to practice the profession of land surveying, do hereby certify that this plat 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. (Name of Engineer or Surveyor) Texas Registration No. (Affix Seal) Notary Acknowledgement. STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared(Names of persons signing the plat, owners, and corporation officers), (corporation tittles if appropriate, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledgement 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 day of .20 My Commission Expires (Signature of Notary Public) Notary Public in and for the State of (Affix Notary Seal) Special plat statements to appear when appropriate on subdivision plats: When any portion of land within the plat boundary lies inside a Flood Hazard Zone 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 8 082016 development therein through the La Porte Flood Hazard Prevention Ordinance. Flood Hazard Area on this plat are shown as shaded." When the plat contains public street right of ways bordering on unrestricted reserves or unplatted acreage: "A one foot reserve is hereby established within the street right of way adjacent to all unrestricted reserves or unplatted acreage. Said one foot reserve shall be dedicated to the public and shall be removed and thereafter be vested in the public for street right-of-way purposes only upon proper platting of the adjacent unrestricted reserve or acreage." City Approving Authority Certificate: Administrative Plat: This is to certify that the city of La Porte, Texas, has approved this plat and subdivision of (Name of Subdivision Plat) 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 on _ day of , 20 Director, Planning and Development City Planner City Engineer Major Subdivision Plat: This is to certify that the Planning and Zoning Commission of the city of LaPorte, Texas, has approved this plat and subdivision of (Name of Subdivision Plat) 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 on day of , 20. Chair, Planning and Zoning Commission ATTEST: Secretary, Planning and Zoning Commission 082016 Director, Planning and Development City Planner City Engineer Amending Plat Certificates: I (name of surveyor) , hereby certify that the following corrections were necessary to eliminate errors which appear on the plat of (name of subdivision)—, recorded on date and month) , (year) , in Volume (number) , page (number) (or where applicable film code numbers) of the map records of Harris County, Texas: (Provide a brief explanation of corrections required.) (Name of Engineer or Surveyor) Texas Registration No. (Affix Seal) I (we), (names(s) or owner(s)) , owner(s) of the property directly affected by this amending plat, being lot(s) (number) out of the block(s) (number) as indicated hereon, do hereby consent to this amending plat for the purposes herein expressed. (Name of Owner) (Repeat as necessary.) Vacating Plat Certificates: STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: I (we), (names(s) or owner(s)) or (name of president and secretary or authorized trust officer of a company or corporation) , being the sole owner (owners) and 10 082016 proprietor of the following described property in the City of LaPorte, Harris County, Texas, to - wit: (Provide legal description of the property including, but not limited to, the acreage, the name of the recorded subdivision, the name of the Survey and Abstract Number, and recording references.) Do hereby desire and declare that said plat, subdivision and dedication thereon be vacated 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 vacated which will not be cancelled as a result of this vacation action should be described.) 11 082016 PORTE DEVELOPMENT ORDINANCE May 6, 1985 Mayor Malone and Councilpersons City of La Porte P.O. Box 1115 La Porte, Texas 77571 RE: Proposed Development Ordinance Dear Mayor Malone and Councilpersons: The La Porte Planning and Zoning Commission is pleased to forward with this letter the final draft of the proposed City Development Ordinance for your consideration and adoption. The Commission formally approved this document April 25. 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 by replacing the 1964 Subdivision Ordinance with an ordinance which updates the subdivision regulations and incorporates the Site Plan requirements used by the City for several years; C. clearly guides developers through the City's process for review and approval of proposed developments. 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. Page Two May b, 1985 RE:- Proposed Development Ordinance 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 this or di ce. i Sincerely yours' - Doug T s F. Latimer, Jr. - Chai man, Planning & Zoning Commission DL/tla 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 July 3, 1985 At--the--_me.eting,•.of= J-une 10,.-1985, . the La:.. -Porte.:: City._.: Council- _ ~approved 'Ordinance 'No. 1444, commonly referred to as the City of La Porte Development Ordinance. The Development Ordinance -establishes a modern review process for proposed subdivisions%and - 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 updating ordinances and policies that are no longer responsive to the citizens needs. Purchase of the Development Ordinance from the City of La Porte will result in the delivery of a registered 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 price for a registered copy of Ordinance No. 1444 has been set at $25.00. per copy. We feel that the Development Ordinance is 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. Sincerely John oerns Dir ctor of Community Development JJ/tla ORDINANCE NO. 1444 AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING 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; RETAINING THE RIGHT AND POWER OF THE CITY OF LA PORTE TO EXCLUDE LAND IN INDUSTRIAL DISTRICTS FROM THE TERMS, CONDITIONS, AND AFFECTS OF THIS ORDINANCE, AND REQUIRING PLATS AND REPLATS 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 CITY --LIMITS- OF THE. -CITY_ OF LA PORTE- WHO MAY HEREAFTER ENGAGE IN ;=;-0�1lEI.t)PhiENT.:AS_ 1JF,FINED: IN_;SAID ORDINANCE- OF -ANY TRACT OF LAND OF ANY >`ADDITION TO 'SAID- CITY SHALL DEVELOP SAID LAND ONLY ACCORDING TO`=-THE=-�PROVI5IONS-- OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; REPEALING CITY OF LA PORTE ORDINANCE NO. 705, TOGETHER WITH AMENDMENT TO SAID CITY OF LA PORTE ORDINANCE NO. 705--A ..THROUGH.705-K, INCLUSIVE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00, WITH EACH DAY ANY VIOLATION OF THIS ORDINANCE SHALL CONTINUE, CONSTITUTING A SEPARATE VIOLATION; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN 14EETINGS LAW; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE; Section 1. The Development Ordinance of the City of La Porte, together with the Appendices and Enclosures thereto, which are attached to this Ordinance as Exhibit "A", and are fully in- corporated by reference herein, is hereby adopted. Section 2. 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, and it is hereby declared to be the intention of this City 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 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of conflict only. Specifically, Ordinance No. 705, together with Amendments to Ordinance No. 705 A through K, inclusive, of said Ordinance is expressly repeaLed. ORDINANCE NO. 1444 Page 2 Section 4. Any person, as defined in Section 1.07(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 Hundred , Dollars ($200.00), Each day, any violation of this ordinance -- shall continue shall constitute a separate violation. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing 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. Section 6. The City Council officially finds, deter- mines, 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, Article 6252--17, Texas Revised Civil Statutes Annotated; 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 discussede considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the J! day of �� t��v" r 1485. J CITY OF LA PORTE ' Norman Malone, Maydr c ORDINANCE NO. 1444 Pag e 3 ATTEST :- l Cherie Black, City Secretary LA PORTE DEVELOPMENT ORDINANCE section Contents Pa es TABLE OF CONTENTS 1 1 1..00 GENERAL 2._00- DEFINITIONS 3.00 PURPOSE, AUTHORITY AND JURISDICTION 14 4.00 SKETCH PLANS 17 4.01 GENERAL PLANS 18. 4.02 SUBDIVISION PLATS 21 4.03 PRELIMINARY PLATS 21 23 4.04 FINAL PLATS 4.05 VACATION OF RECORDED SUBDIVISION PLATS 28 4.06 AMENDING RECORDED SUBDIVISION PLATS 28 4.07 REPLATTING RECORDED SUBDIVSION PLATS 29 4.08 DEVELOPMENT SITE PLANS 30 4.09 MAJOR DEVELOPMENT SITE PLANS 31 4.10 MINOR DEVELOPMENT SITE PLANS 33 5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND 37 DEVELOPMENTS 5.01 GENERAL STREET STANDARDS 39 42 5.02 SIDEWALKS - i- LA PORTE DEVELOPMENT ORDINANCE TABLE OF CONTENTS 6.00 SURVEY REQUIREMENTS 48 7.00 PUBLIC IMPROVEMENTS 50 8.00 REIMBURSEMENT FOR OVERSIZING 51 9.00 RECORD DRAWINGS 52 10.00 FEES AND CHARGES 52 11.00 ENGINEERING AND CONSTRUCTION STANDARDS 53 FOR SUBDIVISIONS 11.01 STREETS AND ALLEYS 53 11.02 DRAINAGE AND STORM SEWERS 54 11.03 WATER AND SEWER SYSTEMS 54 11.04 STREET LIGHTING 54 12.00 OPEN SPACE WITHIN SUBDIVISIONS AND 55 DEVELOPMENTS/PARKS AND PARKLAND DEDICATION/SPECIAL USE SITES 13.00 VARIANCES 62 APPENDIX A LA PORTE DEVELOPMENT APPROVAL PROCESS ENCLOSURE I DEVELOPMENT FLOW CHART APPENDIX A SKETCH PLANS APPENDIX C GENERAL PLANS APPENDIX D_ SUBDIVISION PLATS ENCLOSURE I OWNER'S ACKNOWLEDGEMENT ENCLOSURE 2 LIENHOLDERS SUBORDINATION AGREEMENT ENCLOSURE 3 APPROVING AUTHORITY CERTIFICATE ENCLOSURE 4 AMENDING PLAT CERTIFICATES ENCLOSURE 5 VACATION OF SUBDIVISION PLATS ENCLOSURE 6 COUNTY CLERK FILING STATEMENT ENCLOSURE 7 RETURN MAP AGREEMENT ENCLOSURE S SPECIAL PLAT STATEMENTS APPENDIX E DEVELOPMENT SITE PLAN ENCLOSURE I OWNER'S CERTIFICATE ENCLOSURE 2 APPROVING AUTHORITY CERTIFICATE ENCLOSURE 3 SPECIAL PLAT STATEMENTS APPENDIX F ADDITIONAL DOCUMENTATION, STANDARDS, CER- TIFICATES, AND INSTRUCTIONS ENCLOSURE I TITLE CERTIFICATE INFORMATION ENCLOSURE 2 NOTARY PUBLIC ACKNOWLEDGEMENT ENCLOSURE 3 PLAT (SITE PLAN) ACCURACY CERTIFICATE ENCLOSURE 4 FINAL SURVEY CERTIFICATE ENCLOSURE 5 GRAPHIC SYMBOLS ENCLOSURE 6 GEOMETRIC STANDARDS Texas. 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. -2- Terms, phrases or words not expressly defined 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; floriculture-,`= viticulture - or horticulture, raising or keeping of livestock; 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 agricultural 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 their primary access from an adjacent public street or an approved common or compensating open space or court yard which has direct access to a public 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 3- at Acts 1963 General Laws Ch. 160, as it may be from time to time amended. 2.05 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. 2.06 BUILDING--SETBACK.LINE;-. That line that is.the 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. 2.07 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. 2.08 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. 2.09 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. 2.10 CITY: The City of La Porte, Texas. 2.11 CITY COUNCIL: The City Council of the City. 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. 2..14 COMPENSATING OPEN SPACE: Those areas designated on a plat or "plan which are restricted from development, except for landscaping and 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 Council, which is intended to guide the development 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. i7. 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 Citj,.'s aurisdcton.from its natural state, or 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 inherent in such conversions. The term development in- cludes 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- ment. 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. 6_ 2.24 DWELLING UNIT: A single unit providing complete, in- dependent living facilities for one or more persons in- cluding permanent provisions for living, sleeping, eating, cooking, and sanitation. 2.25 EASEMENT: A right given by the owner of a parcel of land - to another person; public- agent or private corporation for specific and limited use of that parcel. 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 City, and regulates land development more restrictively within such areas, by means of issuance of - -7- 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 to be platted and de- veloped in phases. This plan, when approved by the Com- mission, constitutes a guide which the Commission should - refer to= in the- subsequent review of Subdivision Plats or Development Site Plans that cover portions of the land contained within the General Plan and adjacent property. 2.31 HARRIS COUNTY ROAD LAW: A special law of the State of Texas found in Acts 1913, Special Laws, Chapter 17, as may be from time to time amended. 2.32 INDUSTRIAL DISTRICTS: That land within the extraterritorial 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 Porte", 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 identif 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 - 8 - home lots for sale. 2.36 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 location within the Texas Plane Coordinate System. 2.37 MONUMENT SYSTEM: A monument system established by the 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. 2.38 ONE -FOOT RESERVE: A strip of land one foot wide and within public street right of ways and adjacent to subdivision reserves or adjacent acreage to prevent access to said public street until the reserve or adjacent acreage has been platted in accordance with this Ordinance. 2.39 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. 2.40 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 -g- 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 by--annexationof additional land area; or a group. of con=tguous Planned Unit Developments,_ as separate 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 subdivision or other development of sufficient accuracy to be used 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 Commission for reapproval and recording which contains dimensional or notational corrections or erroneous information con- tained on the originally 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- calculations as allowed under 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. 2:45. PLAT,p `PRELiMINARYz A ma or drawing of a proposed sub- division illustrating its development features for re- view, prepared as specified in Section 4.03 et seq. 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 Deve- 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 not restricted in use may be shown as "unrestricted". 2.49 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. 2.50 RIGHT -OF -WAX: A strip of land acquired by reservation, de- dication, prescription or condemnation and used or intended :.to beused as a road, utility installation, crosswalk, railroad, electric transmission lines, or other similar use. 2.51 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. 2.52 STREETS, COLLECTOR: A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials. 2.53 STREET, CUL-DE-SAC: A local street having one end open to vehicular traffic and having one closed end terminated by a turnaround. 2.54 STREET, LOCAL: A neighborhood or minor street whose primary purpose is to provide access to abutting pro- perties. 2.55 STREET, PRIMARY ARTERIAL: An expressway, freeway, or pri- mary thoroughfare whose primary function is the movement of traffic. 2.56 STREET, PRIVATE: A vehicular access way, under private owner- ship and maintenance, providing access to buildings con- taining residential dwelling units without direct access 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, dedicated-. or- acquired, which provides -.vehicular access to adjacent properties. 2.58 STREET, SECONDARY ARTERIAL: A primary thoroughfare whose predominant function is the movement of traffic but which 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 subdivided or developed. 2.60 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- oper. -13- 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 laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of the purchasers or owners of hots fronting:'th.ereon or adjacent thereto. A subdivision 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, which 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 defined. 2.66 TITLE CERTIFICATE (ABSTRACTOR'S CERTIFICATE, PLANNING LETTER): A certificate prepared and executed by a title company -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 -site.pZan. - 2.67 VARIANCE: Permission granted in writing by the Commission 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 -Z5- 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 970a:. and. amendments 'thereto of the: Revised. Civil. Statutes of the State of Texas. It shall be unlawful for any owner or agent of any owner of land to layout, subdivide, 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, replatted or developed without the approvals required in this Ordinance, subsequent to the passage of this Ordinance. 3.O1 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 develop- ments not in conformance with the provisions of this Ordinance. 3.02 No Building Permit shall be issued for the erection or -i6- 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. --City shall, under. the provisions of Article XI Section - 5 "of :;the'._Texas Constitution and the provisions of Article 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 extension 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 PORTS 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. -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 :requirements --as- to the general layout of streets, reserva- 'tions of land, street improvements, drainage, sewage, fire protection, and similar matters, as well as the availability of existing services. The Director shall also advise the applicant, where appropriate, 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 jurisdiction. A. SKETCH PLANS: REQUIREMENTS AND CONTENTS (SEE APPENDIX B) For Major Subdivisions 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- mit one (1) copy of each Sketch Plan and one (1) copy of the completed development checklist (available at the Department) to the Director at least two (2) weeks C. SKETCH PLANS: EFFECT OF SKETCH PLAN REVIEW Sketch Plan review is optional and informational in nature and no city approval or disapproval results from its, review. The developer may f ile a formal plan or plat, regardless of the outcome of Sketch Plan review. 4.01 GENERAL PLANS General Plans are required for all phased projects 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 filing a new General 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 B. GENERAL PLANS: ACTION BY THE APPROVING AUTHORITY All General Plans require f final approval f rom the Commission. Following review of the General Plan, the Commission shall, within thirty (30) `calendar days of the filing date, take one of the following actions; 1. AAprlove the General Plan as f iled; 2. Conditionally approve the General Plan as filed, pro- vided, the reasons for such conditional 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- veloper, 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. --20- 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-- - = t-onal documentation as specif ied by the Planning Com- mission for final Commission approval; which may be filed concurrently with the next Preliminary 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 original approved mylar of the General Plan, signed by the developer and planning consultant, shall be re- tained by the Department in the official files of the Commission. No subsequent plan or plat will be approved until the original mylar has been delivered to the depart- ment. 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. -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 applicable. 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 Preliminary Plats and required accompanying documentation are contained in Appendix D. -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: Approve the Preliminary Plat as filed; 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. 1. Approval: Commission approval of the Preliminary Plat authorizes the subdivider to file a Final Plat. 2. Conditional Approval: Commission conditional approval re- quires..submission of an amended Preliminary Plat and addi- tional documentation 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 subdivider or owner may request in writing a one year extension specifying the reasons why a Final Plat has not been filed. 4.44 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. -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 covenants and restrictions shall include provisions creating an association of lot owners charged with the responsibility 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 parking 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 enclosed 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 ha Porte, who shall review the documents and insure that the form of the documents complies with this Ordinance. --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 (l) copy of the proposed deed restrictions outlined above, shall be submitted to the De- partment for review at least two (2) weeks before the date at which 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 filing 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. - 2 6 - 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 Public Improvement Construction Documents by the Director shall result 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 4.44, 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. -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 request 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. -28- 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, provided: A. All owners• of all property contained within the previous 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 Plat; B. The Planning and Zoning Commission certificate shown on dAfflo 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 i 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 subdivider, including costs of notice at public hearing. 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 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 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 -- 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 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 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 ' -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; provided, the reasons for such conditional approval are 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 be dis- tributed to the developer, Department, City Code 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-- -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- blished by the Commission. Once the stated conditions have been satisfied, the Major Development Site Plan and accompanying documentation may be ref iled 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 review at least two (2) weeks before the date at which Director review is requested. B. MINOR DEVELOPMENT SITE PLANS: ACTION BY THE APPROVING AUTHORITY The Director is the Approving Authority for all Minor De- _3 4-- velopments 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, provided, 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 - _ -35- the Director, results in issuance of a Development Authorization by the Department. 2. Conditional a2proval 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 accompanying 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 Site Plan may be appealed to the Commission within twenty (20) 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 appeal; Once the appeal has been filed, the Minor Development site Plan will be presented to the Commission for its ruling as specified for Major Development Site Plans in Section 4.09 (B) above. -36- E. MAJOR AND MINOR DEVELOPMENT SITE PLANS: OPPICIAL DEVELOPMENT SITE PLAN The official approved mylar film of the Development 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. -37-- 5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND DEVELOPMENTS A. La Porte Street Classification System ]. General: The street pattern of a city should provide adequate circulation within the city while discouraging through traffic within local neighborhoods. This may be accomplished 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 Table 5-1. -38- TABLE 5-1 LA PORTE STREET CLASSIFICATION SYSTEM CLASSIFICATION TRAFFIC R.O.W. PAVEMENT WIDTH LANES WIDTH (CURB TO CURB) MAJOR THOROUGHFARES Controlled Access 4-10 (Determined by TSDHPT) Highway (SH 146/225) Semi -Controlled Access 4-8 (Determined by Harris County Highway (Fairmont Pkwy) Commissioners Court) Primary Arterial 4-6 120 Dual 37'sections with 261 median Secondary Arterial Class 100/50 Secondary Arterial Class 80/50 bTHER THOROUGHFARES 4 100 4 80 COLLECTOR STREETS Dual 25' sections with 30' median Dual 25' sections w/ center turn lane Class 70/40 2 70 40, w/ curb parking Class 60/36 2 60 36, w/ ctr. turn lane Class 60/32 2 60 32T NEIGHBORHOOD STREETS AND ALLEYS Local Streets 2 50 28 Private Streets 2 28 28 Public and Private 2 20 20 Alleys and Private Drives * Texas State Department of Highways and Public Transportation -33- 5.01 GENERAL STREET STANDARDS A. HORIZONTAL GEOMETRIC DESIGN STANDARDS may be found in Tabl e 5-2. B. MINIMUM WIDTHS: Public or private streets shall have a minimum pavement width of 28 feet. public 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 provided 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. --39A- TABLE 5-2 LA PORTE STREET SYSTEM HORIZONTAL GEOMETRIC DESIGN STANDARDS STANDARD THOROUGHFARES STREETS ALLEYS (Minimum- unliz�aa nobod) MAJOR OTHER COLLECTOR, LOCAL CURVES Maximum block length (1) 2000 1800 1600 1400 NA Centerline curve 2000 800 1400 50 35 radius (1) Reverse curve 2000 800 1400 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 90 90 90 90 90 angle of intersection (2) +/- 5 +/- 5 +/- 10 +/-- 10 +/-- 15 Edge of right of way 25 25 20 20 15 curve radius at normal intersection (1) Edge 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 (z4) NOTES ( 1 ) Feet (2) Degrees (3) Dead end streets and alleys not permitted (4) Non-residential streets -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 projection 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. - 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. I. STREET NAMES 1. Street names shall be the same as existing street names, if they are continuations of existing streets. Otherwise, no street name shall be permitted that is a duplicate 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 _shall 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 from an adjacent public street. Alleys shall not be used or designed to provide principal access to any tract of land and shall not provide access to property outside the development boundaries in which the alleys are located. Dead end alleys are not permitted. -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 alleys will be identical to design and construction standards for public streets. Right of way lines 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 double frontage are prohibited except when -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. Side lot lines should be perpendicular or radial 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. -44- 5.04 BUILDING LIKES (NUMBERS REPRESENT FEET) COLLECTOR LOCAL LOT LINE THOROUGHFARES STREET STREET RESIDENTIAL FRONT 25 25 20 REAR 20 20 20 EXTERIOR SIDE 15 15 15 INTERIOR SIDE 5 5 5 NON-RESIDENTIAL FRONT 25 25 20 REAR (ADJOINING RESIDENTIAL) 20 20 20 (ELSEWHERE) 10 : 10 10 EXTERIOR SIDE 15 15 15 INTERIOR 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. --45- B. TRANSITION BUILDING TINES 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 language in Enclosure I 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. -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 adjacent lot and tract corners. Where the private easement has no def ined location or width, an effort shall be made to reach agreement on a def ined ease- ment. Where no agreement can be reached, then existing 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 Subdivision Plat or Development Site Plan, wherein public streets or easements are shown crossing private 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. -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 public the use of said public 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 public streets and easements indicated. This instrument shall be delivered to the City Planning Commission to be filed for; 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. MCI= 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 centerlines 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 City of La Porte monument. Elevations shall be established for each control monument installed. Datum shall be supplied 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 subdivision boundary, all block corners, all angle points and points of curvature in each street right of way shall be marked with iron rods not less than three fourths (3/4) of an inch in 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 street 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- ment. -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-- ments. 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.O1 DEVELOPMENT COSTS The developer shall pay all costs for providing the -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 the 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 -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 reiTnbursement 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 lines 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 schedule of fees and charges 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. -52A- TABLE 10--1 DEVELOPMENT ORDINANCE PLAT FEES CITY OF LA PORTE ADDITIONAL FEE PER TYPE PLAT BASE FEE BASE COVERS ACRE LOT ($) ($) ($) Sketch Plan None N/A General Plan $25.00 1st 10 acres Major Subdivisions 1 Preliminary Plats $50.00 1st 50 lots 2 Preliminary Plats $50.00 1st 10 acres Final Plats $50.00 Entire sub- division Minor Subdivisions 1 Final Plats 2 Final Plats Major Development Site Plans Minor Development Site Plans $50.00 1st 50 lots $50.00 1st 10 acres $50.00 1st 10 acres $15.00 1st 5 acres Note 1: Residential Note 2: Other None $2.50 N/A $5. 00 N/A N/A $5. 00 $5.00 $5. 00 Non e N/A $1.00 N/A N/A $1.00 N/A N/A N/A -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 provided 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 Desk: 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. -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 system. The design and sizing of the system shall be in confor- mance with the PICM, and subject 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 conformance with the PICM, and subject 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. MIR= 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- tial 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 -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 12.02 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 City less than one acre in size shall be approved. -57- 12.04 DEDICATION OF PARK LAND LESS THAN 5 ACRES IN SIZE Notwithstanding Section 12.02 above, in the case of De- velopment Site Plans or Final Plats that are filed 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 lieu 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 objectives established for open space and parks set forth in the City's Comprehensive Plan) in the area of the proposed Development or Subdivision, 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-- -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 lieu of land shall be made at or prior to the time of Final Plat or Development Site Plan approval by the Approving Authority. A. The City may f rom 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 price 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 applicable. B. To the extent that Section A. above is not applicable, the dedication requirement shall _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 established a special 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, f irst 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 rata refund of such sum, computed on a square -50- 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 governmental unit to acquire the land, for purchase by the interested 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 -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. Establishment 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 topography or slope which render said areas un- usable for organized: recreational activitities is generally unsuitable. Drainage areas may be accepted as part of a park if the channel is constructea in ac uuivallu- -- City engineering standards, and if no significant area of the park is cut off from access from 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 -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 opinion 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 -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 requirements 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 Ordinance, or any part thereof, or establish any policy, rule or regulation contrary 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 specific rule, policy or standard contained in this Ordinance from which a variance is desired. Additionally, the request must state the extent of -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 Ordinance. 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 area 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. - n = x rLA FORTE,--DEN-EJOPMENT ORDINANCE APPENDIX A, LA PORTE DEVELOPMENT PROJECT APPROVAL PROCESS 1. GENERAL. This appendix is written to assist applicants in preparing development proposals for City approval. 2. PROJECT APPROVAL PROCESS. The flowchart at Enclosure 1 graphic depicts the City Development Project Approval Process. 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 O W❑�,J F w W # F Z i i �OCu N m Jwa [� W U• O 0 4 !C J �F-F Q zo x Wiz} w mzu ❑ a AJ yO❑ w� �z"n wn O N i a° LL N NQ 7\ C wdZ Ir aaq� _I aa� z r[1` fY QyN 4 7.J5 8Q O pp� 1i VV r z m Q D µu1� JM N ;Y. N R 4 Z �zr Q wWKO F}- p Q n N ❑ l: il4 i Azad i� z waw in g a�2 G �--• N �O Q 44° Z N az m' wqO0W Dz �a a °0zmm, w❑ > syQ 'DNaW N7 U VozJWrOz WwVWuj o >N u)" aiNi4fi Ln a F- mJ �NMq { cr- 1 Z W o�E p } LL N RFj yy�� I `F wyy N . .�.7z`�z N^ m ° a O4Y a �Zi w � a Cl4>a �00. >3zu0. 4>- Q � VOZ_Q .0 1._J o W x � > ��-� ❑ Nw � j * o Lj go z [01. w o �.Zp a i ? W'� a 0 2 X O F' x 4 uJ1 .Op. Wa J N3 y} y .J ?W O� }.y % Z�w� yC�a >N,. Oma �� w V�J%�U Wr N.jxZ: n 4 Q cN-�a m C m *�L ❑ - Y! > O �uj N U U A U UO ZCD O N CL WVo�x Q Wg"I oz a T y$a w F �g w ❑ w , �z �N w iE JOF W } ZO d 7� 1-4 kWy mZN �mN any w Q} z� aN a cc (CU O yyj�� LL w W d W W V Q i az 49 ww W ❑ 7 z � N z Q J� W�d ?^ a Lqoz S z x0W a Ir r a xQ w }5?e mrr Y N V� z 1J 4 r 7 w } S J� r uwa tt mzv� �47�Uc�. > �}r��wNi� O} W Z `naa i?o-' ax>i` 4 �� C. � a � a z 3 oaw o u&-a�u Jlwujz t`�ww w JZZ❑ o x ru cc � ��O R ix 0- >r2di j wxM m 2 3z F V z NZ15?w&L wo Wuj oi�owJN�NoK' m F' l C3NOW 'CLLONVI N i N � �C5 �( eaue• pouJv• 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 should 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._Na�e�Qi__PropQed__ge_vel4pmewt, 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 Map to show location of the tract within the City. 3. NQr_ Arrow: (pointing to the top of sheet if practical) 4. i7ate: (each, revision to bear a new date) 5. Approrciagkgt___,Scale: if practical, 1" - 100, is preferred. 6. BQ�ries and____aize: Show property boundaries to scale. 7. Existing_ StrMc u es: The approximate location of all existing structures within the tract. 8. Othgr_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. g. Pro owed_Fgatures: The approximate location of proposed streets, parking areas, easements, public utilities, storm drainage outfalls, high banks of water courses, ravines. 10. O.ther_Ini_QrLnnation� If known and where applicable, show location of proposed lines, blocks and lots, reserves, foot prints of buildings, number of stories and proposed usage. ' W '`X 3 ` ' LA PORTE IIEVELOPA4ER OR IPIAHCE _ APPENDIX 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; �iai�gs of�Deyglopmert__and each_development_Phase (Cannot be duplicates of any other names used within the City's jurisdiction) 2. Tyke of­Dgyg122ment (See La Porte Development Checklist). 3. Dg-*c�P—tionof �_. hand within proposed development: ",_ . acres out of the Survey, Abstract Number , Harris, County, Texas". Identify owners of each tract, if separate ownership. 4. Pluses: Total number of Subdivisions and number of each type (unsubdivided) Development planned 5. ame of 1291e.1o429X {. Nameof registered_surveyors_or�egieen__nrenarin the plat 7. EffiBg_ ate (Each revision to bear new date) 8. Saale (1" = 1001unless another scale is approved by the Department): Exact g. Norlb Arrow (Pointing toward top of sheet if practicable) 10. Key_ Map (to show relation of development to surrounding streets, railroads, and water courses. 11. Perimeter _boundaries: Draw perimeter boundary of property. 12. Adjacent _property: Indicate name and locations for adjacent subdivisions, streets, easements, water courses, acreage tracts, and other natural and manmade features. 13. jhy.U-Qgl features: Show high banks of water courses and ravines and other natural or man-made physical development obstacles. 'A'P4RTE . YHE QRDINAi�CE APPENDIX C, GENERAL PLANS (Page 2) 14. CQntoun_ lines: Show land contours at one foot intervals, as taken -from City topographic maps or from a ground survey. 15. BuilAing--- lines: Indicate required building lines adjacent.to all existing or proposed public and private streets and alleys 16. Subdivisions: Show proposed layout of blocks and number of lots within each block. Show lot layout within typical blocks. 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. R—*erves: Draw boundaries of and designate location, approximate area (in square feet and acres) and proposed usage of any sites intended for restricted or unrestricted reserves (within subdivisions) or for developments other than subdivisions. Indicate existing and proposed zoning of each site. 19. Unsubdividgd_de_vel2pments (See Appendix E): If known, draw site plans for unsubdivided developments and identify each building planned and its 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 names of all existing streets located within the plat boundaries and immediately adjacent thereto. 22. Utiiiy_�se ents: 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.) DEVEV�N7.' 'ORDINANCE APPENDIX C, GENERAL PLANS (Page 3) 23. Exis1ing_2phJil .Lc_utities: Indicate the location and size of adjacent City water and sanitary sewer mains and storm drainage outfalls. Indicate depth of adjacent sanitary sewer manholes and storm drainage outfalls, if known. 24. �loodha�ard__a�a: 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 General. Plans. 1. La_Eorte DeYe1P_P=nt Checklist (available at Department) 2. Qea ion or_tricinity Map, marked to show location of property. A _PORTS DEVEL`OP11.9 T ORDINANCE ; APPENDIX D. SUBDIVISION PLATS (Page 1) This appendix to the La Porte Development Ordinance prescribes criteria for the preparation of subdivision Preliminary and Final Plats and the information which must be submitted therewith. (See Appendix F) 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. TUe of_De_velopment (See La Porte Development Checklist) 3. pepeription Qf_land on which Subdivision lies: ".�. acres out of the Survey, Abstract, Number , Harris County, Texas. 4. t_ies: Total number of lots, blocks and reserves. 5. NeM_Q_Qf Developer (If a company or corporation, list name and title of authorized representative) 6. Name---Qf Planning Consultant 7. Filing_ date (date of formal presentation to City 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 Map (to show relation of development to surrounding streets, railroads, and water courses. 11. Perimeter_.botrndaies: Draw perimeter boundaries of subdivision. 12. Ad2.9cent__ppQPerty: Indicate name and locations of adjacent subdivisions, streets, easements, water courses, acreage tracts, and other natural or manmade features. I A P,QR"IE._DEVELOPM T ORDIAIA ICE APPENDIX D, SUBDIVISION PLATS (Page 2) 13. Physical_featunes: Show high banks of water courses and ravines and other natural or man-made physical development obstacles. 14. Cgntour _lines: Show land contours at one foot contour _..intervals, as taken from City topographic maps or from a ground survey. 15. Building_jines: 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. dumber lots consecutively within blocks. If compensating open space is required, indicate size of each lot or building site. 17. CQndR!iD ums: 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. 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 proposed, 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). _ _ _ YLA FORTE_DEVE�.DPME�T O.RDI3JANCE - APPENDIX D, SUBDIVISION PLATS (Page 3) 21. 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.) Indicate recording information for existing easements. 22. Elood__hazard__anea: Show boundary of flood hazard area as taken from City topographic maps or other sources. (See La Porte Flood Hazard Prevention Ordinance) 23. Survey_ monument _tie-in: Show nearest City -approved survey monument and exact bearing (nearest -second) and distance (nearest hundredth of a foot) to a defined point on the perimeter boundary of the property (See Section 6.01 of the Ordinance). 24. Sunvey_control_menuments: Show location of all proposed - survey control monuments to be installed by the developer pursuant to Section 6.01 of the Ordinance. B. DOCUMENTATION: PRELIMINARY PLATS The following documents are to be furnished with Preliminary Plats: 1. Ea___�orte�__AevelopmentW Checklist available at the Department. 2. A_Title_Ce_rtificate. Abstract, or Planning Letter (See Appendix F) 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.) T 5 - A.:PORTE DEVE OPM !'f. ORDINANCE APPENDIX D, SUBDIVISION PLATS (Page 4) FINAL PLATS (ALL SUBDIVISIONS) - A.— GRAPHIC CONTENTS: FINAL PLATS. Same as for Preliminary Plats, plus: 1. aamg__of_ owner (If a company or corporation, list name and title of authorized. representative). 2. same odrggiste_red engineer_ orsun_veyor who prepared Final Plat. 3. Leggi_bo.Mndary_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. 4.Lggal and specialtatgments, 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) s _ L`)#-P RTE DEVFi�OPME-NT 0RDINANCE APPENDIX D, SUBDIVISION PLATS (Page 5) B. DOCUMENTATION: FINAL PLATS. Same as for Preliminary Plats, plus: i. 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. Co,Qndinate_listin 9 : 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.` Utility gpmpany_Letters: Letters from servicing utility companies approving the easements shown on the plat for their use. 5. Priyate___Easements: A copy of the instrument(s) establishing private easement(s) within the subdivision. b. Private Easement Holciens 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. Resiential_Hapkland* Receipt for payment in lieu of required dedication of parkland, pursuant to Section 12.05 of the Ordinance or instrument of dedication pursuant to Section 12.10 of the Ordinance. 8. Condit_ion_a1 Approval_Document-ss: Any documents specified by the City Planning Commission in conditionally approving the Preliminary Plat. _DEVELOPI~l NT ORDINANCE .- APPENDIX D, SUBDIVISION PLATS (Page b) ENCLOSURE 1 OWNERS ACKNOWLEDGEMENT (FINAL PLATS OF NEW SUBDIVISIONS) STATE OF TEXAS COUNTY OF HARRIS I (or we), _(pgMe_gf_ WDer_or_ownersI acting by and through (name and title of officer) being officers of Sname�af�co_mpan _or cor oration+ owner (or owners) hereinafter referred to as Owners (whether one or more) of the �numbar_of_acres tract described in the above and foregoing map of �iVama _gf�aubdi_vision� 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 o.ur) 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 do hereby declare that all parcels of land on this plat are originally intended for the ,__`__T_ ___ _—__— thereon and be restricted for same under the terms and conditions restrictions filed separately. shall of such L = DE,VELOPMEN'L ORDINANCE - APPENDIX D, SUBDIVISION PLATS (Page 7) ENCLOSURE 1 (Continued) ADDITIONAL PARAGRAPHS TO BE ADDED (AS APPROPRIATE) When lat contains natural drainage ways such as bayous. -creeks gullies,--ravines,-draws or d ai a e di c es: 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 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-'an'd that such abutting property shall not be permitted to drain directly into this easement except by means of an approved drainage structure. he lat indicates building setback lines and public utilit pasements are. -to be established in adjacent acreage owned by the subdivider: 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. -- - - r, _,_. . LA PORTS DEVELOP.IjEl T OR APPENDIX D, SUBDIVISION PLATS (Page 8) ENCLOSURE 1 (CONTINUED) ADDITIONAL PARAGRAPHS TO BE ADDED (AS APPROPRIATE) When pri_v_ate streets are_ established within_the--plat: FURTHER, Owners 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. o be used when t_he subdivision is within the Extraterritorial Ju isdiction of the City of -La Porte: FURTHER, Owners certify and covenant that they:,. -`have complied with or will comply with the existing Harris County RoadLLaw, Section 31-C as amended by Chapter 614, Acts of 1973, Legislature and all other regulations heretofore on file with the Harris County Engineer and adopted by the Commissioner's Court of Harris County. Gl FURTHER, the Owners hereby certify that this replat 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. FURTHER, the Owners certify that this replat does not attempt to alter, amend or remove any covenants or restrictions. =DEVELflPPE,A �PORTE NT ORDINANCE - - APPENDIX D, SUBDIVISION PLATS (Page 9) ENCLOSURE I (Continued) ACKNOWLEDGEMENT EXECUTION when_ow.. neris_an_indi_viduai._Qn_individualsl WITNESS my (or our) hand in the City of __,. this jnuLnber� day of lmonthl, _(yearl. psi nature_of_owner or_owners) (names to be printed) When owner_iSweQmpany_or_corP4natiQnZ IN TESTIMONY WHEREOF, the Name_vf comnany)- has caused these presents to -be signed by �ame_�of__presidentl, 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)-, ear)-. Name of Company) by:___�Signature of_Presidentl_� President (Signature of Secretary or Attest:avthorized trust oofficer Title (affix corporate seal.) NOTARY ACKNOWLEDGEMENT (See Appendix F) A PORTE DEVELOPMENT _OryRDINANCE 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 evidenced by instrument 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: (Signature of Li—enholder (Name to be.printed) NOTARY ACKNOWLEDGEMENT (See Appendix F) - - LA PORM--DEVELOPMENT: ORDINANCE7. 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 City of La Porte, Texas has approved this plat (or instrument when appropriate) and, subdivision of name__of subdi_visionl 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 ,(nuMnber), day of Sm-0nthl, ,year). By; __�Signature_of�Director�_�� Director, La Porte Community Development Department ATTEST: By: -USignatD-re_Qf_City_Engineer) La Porte City Engineer By: 15iZnature of the_Chairmanl— Chairman, La Porte Planning and Zoning Commission ATTEST: By: ja gnajMrg _SecrgarY) Secretary, La Porte (Affix Commission Seal) Planning and Zoning Commission A PORTE L0 T DEVE PMEN ORDINANCE 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,name_of_engineer_or_surveyor}� hereby certify that the following corrections were necessary to eliminate errors which appear on the plat of name_of subdivision)_, recorded on __j"jg and monthlM , _SyearJ_, in Volume _Snu�bgl:) page _Inumber�_ (or when applicable film code numbers) of the map records of rJnamg_of county._ County, Texas: (Provide brief explanation of corrections required) (Signature of Engineer or S u r v e v o.r)__ (Print name) Texas Registration No. -- (Affix seal) I (we), name(sj__or ownerIa)), owners) of the property directly affected by this amending plat, being lot(s) out of the block(s) as indicated hereon, do hereby consent to this amending plat forthepurposes herein expressed. ��__Sgnature_Q.f OwnerSs�__�. (Print name) NOTARY ACKNOWLEDGEMENT (See Appendix F) APPROVED BY THE CITY OF LA PORTE PLANNING AND ZONING COMMISSION on "te p m ntb and yg.L Signature of Director of �Qmmur �tx_ye 1o��gnt___ __ S ign a t_uro_ cef�har ate__ Director, Community Development Chairman, Planning and Zoning _ T ORDINANCE _ L'A. PORTS 'pEVEL0Ph9EN 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 ��_�rg�, SNane_of owner_or_owners_if individuals or ,Name g_Prgsidgn�__and_ Sgcrgtary_ or__authorizgd__ticer_of a c��any_arcorporation , 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 subdivision, the name of the Survey and Abstract Number, and recording references.) Do hereby desire and declare that said plat, subdivision and dedication thereon be vacated 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 vacated which will not be cancelled as a result of this vacation action should be described.) . LkI, PORTS DEVELOPMENT. ORDINANCE APPENDIX D, SUBDIVISION PLATS (Page 14) ENCLOSURE 5 (Continued) ACKNOWLEDGEMENT EXECUTION (When owner is an individual or individuals) WITNESS my (or our) hand in the City of ^-----___, __-----_,' this ,�number�_ day of si Rnature_of—o4rnenor_owners� (Names to be printed) (When owner is a company or corporation) IN TESTIMONY WHEREOF, the �lame_of anmpany� has caused these presents to -be signed by- tgggme_-ofPresiden tj, 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 Jnumberj day of �monthl, Syear . (Name of Company) By: ... SSignature_of President President (Signature of Secretary Attest: or—Authorized_trust_officgLj_ (affix corporate seal) NOTARY ACKNOWLEDGEMENT .(See Appendix F) A DEVELOPMENT ORDINANCE:."-. - = LPORTE:' APPENDIX D, SUBDIVISION PLATS (Page 15) ENCLOSURE 6 HARRIS COUNTY CLERK FILING STATEMENT (TO APPEAR ON ALL INSTRUMENTS FILED) I, ��a�g_of County Clergy, 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 �daeand__month�, .�year�, at jtime) o'clock (A.M. OR P.M.), and in Volume (number), page (number) or when applicable Film Code numbers) of the map records of for said county. Witness my hand and seal.of office, at Houston, the day and date last above written. Us Ex Officio Clerk of the Commissioners' Court of Harris Count.y,. Texas Deputy A LA PORTE DEVELOP ENT ORDINANCE _ - 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 City Planning and Zoning Commission, authorized ___—� ___-__ -r County Clerk of Harris, County or his authorized Deputyto 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 permanent records of that Department. Signature Director, Community Development Department Signature Owner or Authorized Agent (of owner of land being subdivided or platted) LA PORTE`DEVELOPMENT ORDINANCE APPENDIX D, SUBDIVISION PLATS (Page 17) ENCLOSURE 8 SPECIAL PLAT STATEMENTS (TO APPEAR WHEN APPROPRIATE ON SUBDIVISION PLATS) _gny_2Dr 1ign_Qf 1and�within_the_platbonndary iieainaidg_a_Elgo,,-Bazard_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 conta_in_s_public strget_r%gh_t of ways_borderi.rg_on unnrestricted_reserves or—unplatted_acreage: "A one foot reserve is hereby established within the street right of way adjacent to all unrestricted reserves 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." LA PORTE`DEVELOPMENT ORDINANCE 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_COt�TENTS (See Appendix F) 1. �Iame__o�_Dg_velopment (Cannot be a duplicate of any other name used within the City's jurisdiction) 2. _Ty pg _of__devel4Pment (See La Porte Development Checklist) 3. Dgserip,tion. of_ land within proposed development: acres out of the � Survey, Abstract Number __—, Harris County, Texas." 4. �la�e4fQwnen (If a company or corporation, list name and title of authorized representative). 5. Name of_develgPe_r (If a company or corporation, list name and title of authorized representative). b. Name_of_planning_gons_1t_ant 7. Filing date (date of City Planning and Zoning Commission Review Meeting) 8. Scale of Plat g. Legall��eacriptiQn of development: Subdivision recording information and section, block, and lot number or reserve designation or metes and bounds description of property boundary. 10. No t _arr.Qw (Pointing to top of sheet) 11. Key__ map (to show relation of development to surrounding streets, railroads, and water courses. 12. Soundarigs: Draw perimeter boundaries of development.. - LA PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 2) 13. Adjacent property; Indicate name, location and recording information for adjacent developments, streets, easements, water courses, acreage tracts, and other natural or manmade features. 14. Topography: Define high banks and flow lines of water courses., Define post -development limits of other natural or man-made physical development obstacles. 15. huilding—lines: Indicate building lines adjacent to all street right of ways. 16. Mobilehome_ parks: 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 site in square feet. Designate usage of each reserve, such as recreation, laundry drying, and dead storage. Detail site plan as described below. 17. Reseryes: Draw boundaries for and -designate area (in square feet and acres) for reserves 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. gposed__Topograp iic _Cbgriges Including cut and fill changes to the site. 20. Other,,,_site__improyements: 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. LA-PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 3) 21. Streets: Show right of ways of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Show right of way width at points of curvature or tangency, at one point within tangent segments', and at changes in width. 22. Strge!_rames: 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.) 4 23. Uicility__EasgMents: 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. mood I�azardArgg: Show boundary of flood hazard area and shade areas within plat boundaries inside flood hazard area. (See La Porte Flood Lazard Prevention Ordinance).- Show finished floor elevation of buildings inside flood.hazard area. 25. aurvey__monunenttie 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. Sunv_ey_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___Statemgnts --- a_nd___CertificateL. 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) LA PORTE DEVELOPMENT ORDI14ANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 4) B. DOCIlMEVTATIDE. The following documents are to be submitted with Development Site Plans. 1. La__PorteDevelopment_Checklist (Available at the Department.' 2. Title_Certificatg (major Developments only) (See Appendix F) 3. t�fobile_HoLne Park_S1It�P�_Master_P1an Developers of mobile home parks must submit a MHP Master Plan which includes the following additional 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 refuse disposal program for the park. 4. Residential --Parkland: Receipt for payment in lieu of required parkland dedication, pursuant to Section 12.05 of the Ordinance or Instrument of Dedication pursuant to Section 12.10 of the Ordinance. 5. DTLiE$__DO J!M_ENTS: Any other documents specified by the City Staff at the Sketch Plan review. LA.PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 5) ENCLOSURE 1 OWNERS CERTIFICATE (MAJOR DEVELOPMENT SITE PLANS) I (or we), _Cname 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 developmentl 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 development contains natural drainage ways such as b_ayQu.�s, crgeks, 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 amd that such abutting property shall not be permitted to'-Arain directly into this easement except by means of an approved drainage structure. When private streets and utilities are established within the siteplan: FURTHER, Owners agree that those streets and utilities located within the boundaries of this site plan specifically noted as private, shall be maintained as private streets and utilities by the owners, heirs, successors and assigns and, further, that said private streets shall always be available for the general use of the public for firemen, firefighting equipment, police and other emergency vehicles of whatever nature at all times. LA PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 6) ENCLOSURE 1 (Continued) ACKNOWLEDGEMENT EXECUTION Swhien owner_is_an_individual_or_indi_viduals) WITNESS my (or our) hand in the City of —____— 4w-^,' this Snumbed day of jmonthj, Syear�. isignature_of owner or_owners� (names to be printed) � When_ojrngr_is_a_co�npany_or_corpora�tion� 0 IN TESTIMONY WHEREOF, the �N_ame_of company has caused these presents to be signed by' �Name��of_ President), its President, thereunto authorized, attested by its Secretary (or authorized trust officer), (Name_of_Secretary_or_authorized__trust_offi_cer), and its common seal hereunto affixed this Snumber) day of Smontd , jyear). (Name of'C`ompany) by: ---- _of4Pr esidentj__ President (Signature of Secretary or Attest:authorized trus_t_of iced__. Title (affix corporate seal) - 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 -(pame_o_f development) in conformance with the laws of the State of Texas and the ordinances of the City of La Porte. By: -(Sip,nature of_Direct Director, La Porte Community Development Department ATTEST: By: Signature of,&ity—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'o:ved this site plan and development of name. of development) in .c.onformance.with the laws of the State of Texas and the ordinances of the City of La Porte. By: Si nature of_ Director) Director, La Porte Community Development Department ATTEST: By: (Si nature of CityEnginger) La Porte City Engineer By: (Signature of the Chairman) Chairman, La Porte Planning and Zoning Commission ATTEST: By: jaignature of_-Lec ar-yj Secretary, La Porte (Affix Commission Seal) Planning and Zoning Commission LA PORTE DEVELOPMENT ORDINANCE APPENDIX E, DEVELOPMENT SITE PLANS (Page 8) ENCLOSURE 3 SPECIAL PLAT STATE14ENTS (TO APPEAR WHEN APPROPRIATE ON MAJOR DEVELOPMENT SITE PLANS) When_any_,portion_of_land within_the_site_Plan—boundary 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 stricter requirements on development therein. through the La Porte Flood Hazard Prevention Ordinance. Flood Hazard Areas on this site plan are shown as shaded." (Page 1) LA PORTE DEVELOPMENT ORDINA14CE 5 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 Title Certificate Information 2 Notary Public Acknowledgement 3 Plat/Plan Accuracy Certificate 4 Plat/Plan Final Survey Certificate 5 Plat/Plan Graphic Symbols b Plat/Plan Geometric Standards ( 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 the 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 records, 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. b. A statement certifying that no delinquent city or county taxes are due on the property being platted. (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 Names�_of__persons_ signing__t�ie_plat� nwnes_and_corporation-_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, 'Sand in the capacity therein and herein stated, and as the act -and deed of said corporation.") GIVEN UNDER MY LAND AND SEAL OF OFFICE, this ,ngmber� day of monthl, My Commission Expires Sigt�ature_o�_NQtar�Pnb�icl Notary Public in and for the State of (affix notary seal) (Page 4) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 3 PLAT (SITE PLAN) ACCURACY CERTIFICATE I, �name_o�engineer or_s�r_veyor�, 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 correct; 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 Registration No. (Affix seal) (Page 5) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE 4 PLAT (SITE PLAN) FINAL SURVEY CERTIFICATE I ------- jnamej--------- .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. �Signa�ure o�_S�ryeyQ�� (Print Name) Texas Registration No. (Affix Seal) (Page 6) LA FORTE 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. Djjnjgries: 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. Building lines: Indicate by long dashes separated by short dashes ( _ _). 3. Easements: Indicate by short dashes 4. S�rgam_and_depression high banks: Indicate by long dashes separated by three short dashes(_ _ - _ ). 5. Edge of_food�hazad area; Indicate by bold long dashes separated by circles ( o 0 0 ). 6. Ad.iacgnt_properties: Indicate lines out- side boundaries of proposed development by long dashes ( ). (Page 7) LA PORTE DEVELOPMENT ORDINANCE APPENDIX F, ADDITIONAL DOCUMENTATION, STANDARDS, CERTIFICATES, AND INSTRUCTIONS ENCLOSURE b PLAT/PLAN GEOMETRIC STANDARDS ITEM DESCRIPTION DIMENSIONALACCURACX_SFANDARDS A. _Exact: Angles to the nearest second, distances to the nearest hundreth of a foot. B. Angles to the nearest degree, distances to the nearest foot. LINEDEEEINIT2ON; 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_Ls!raigh!) lines: 1. Bearing (in degrees) 2. Distance (in feet) B. i-circular�_linesc 1. Radius of curve (R, in feet) 2. Central (delta) angle (A, in degrees) 3. Are length (L, in feet) 4. Chord length (C, in feet) 5. Chord bearing (CB, in degrees) -------------------------------- A = GENERAL PLAN B = PRELIMINARY SUBDIVISION PLAT A B C D X X X X X X X X X X X X X X X X X X X X X X X X X X C = FINAL SUBDIVISION PLAT D = DEVELOPMENT SITE PLAN X = YES (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 wa s, centrerline�and_both_edges perimeter_ boundaries�_lots�_blocks� 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, easements, stream or depression high banks, and flood hazard area boundaries. Lines to be defined_ for high hanks —of stream_pr depression (no right of -way or easement), lines between: Points defining the limits of the high bank. Points of intersection with crossing lines for lots, reserves, easements and right of ways. Lines_to_be_defined_for_flood_hazard_area, 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 B C D X X X X X X X X X X X X X. X X X X X X X X X X X X X X X X X X X OR! ORDINANCE NO. 1444-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 Development Site Plans: General, and Section 11.02, Drainage 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 property, 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 ORDINANCE NO. 1444- A Page 2 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 2: No Development Site Plan filing shall be required as provided for herein in the case of a development that is solely and strictly a ORDINANCE NO. 1444- A� Page 3 i Subdivision, as that term is defined herein, and the requirements of Section 4.04 of this Ordinance have been satisfied for such Subdivision. _ �_ �� —_ __ _ _ _ ���i!Iitr111�1S t��s���itii�YlrYf�i,:11� �_��i�,:1i �•l r�l�l .�liii hr.W69, FegaFd!e E;n of wheth ff said ho 6e is rrtnc+frUeted insi.- a eF 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 preparing 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: ORDINANCE NO. 1444-_A Page 4 _ a "11.02 DRAINAGE AND STORM SEWER Adequate drainage shall be provided as to reduce the community's exposure to flood hazards with respect to adjacent, upstream and downstream developments, (See also Chapter 94, Floods, of the Code of Ordinances of the City . of La Porte for additional requirements.) Adequate drainage shall be provided within the limits of the subdivision and/or development. The protection of adjoining property shall be accounted for in the design of the drainage system, and shall be subject to the approval of the Director of Planning or his designated representatives. Any person -or persons that alter or change the elevation of prope shall be responsible for al2plying for and obtaining, rior to said change or alteration of the elevation of propeft a development authorization from the City Planning Department. Any change or alteration in the elevation of property requires submission of a Site Plan prior to the change or alteration of property, which said Site Plan shall delineate the proposed change or elevation of property. Said certified site plan shall be subject_ to approval by the City Engineer." Section 5. 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 ORDINANCE NO. 1444- .� Rage 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 l ORDINANCE NO. 1444- Page 6 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 23 DAY OF March . 1998. CITY OF LA PORTE a WAN MACONE,..• ATTESTATION: 'Nmli& B. ARTHA GILLETT, City Secretary Apppnkir-n- ORDINANCE NO. 1444- s 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 SEVERABIL-ITY 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: 114.021 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 r 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 clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. ORDINANCE NO, 1444- B 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 LIE -DAY OF (Z6M 4Ir , 1998. CITY OF LA PORTE By:/ f , NORMAN MALONE, Mayor ORDINANCE NO. 1444- B Page 5 --r i ATTESTATION: By: MARTHA GILLETT, City Secretary APPROVED; Assis tCi Attorney 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 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. 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; ORDINANCE NO. 1444- Cl 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 findins 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 D, and from Avenue D to the north right-of-way line of North P Street. 1. West Main Street to Avenue D ORDINANCE NO. 1444- C/ 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, additions, or construction of any character 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-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 40-foot development setback restrictions promulgated herein. 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 ($2,000.00). Each day a violation of this ordinance shall continue 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 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 ORDINANCE NO. 1444-L 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 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 4 DAY OF U W , 2002. CITY OF LA PORTE BY : � RMAN MALONE, Mayor ATTESTATION: By: MA THA GILL TT, City Secretary APPROVED: STRON , As s ill4r Attorney ORDINANCE NO. q 4-4 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 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 11.02, Drainage 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 "B", 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 $2.0011oad 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. ORDINANCE NO. 1444-0 Page 2 Section 4. Any person, as deigned 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. 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 Hail 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 ORDINANCE NO. 1444-P 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 V�— DAY OF (,� 1 , 2003. CITY OF LA PORTE /J/ice!7. _/Mal ri1• e ATTESTATION: By:�J "Id,,,1460 MARTHA GILL TT, City Secretary FU•-;61W MSTRON J tanity oy Atrne N 'O m `1 O E E M D } Ali +n oEm J � J m O to J x R}} r } a R p Z N fn f N b 0 m D k % % k F % % • } y E a % f R Q N E a 4C0 d Cq • m V± `p0 f13 N � O N J } k % % } r % a % p ■ (D z N 0 Jx a to oM a ` O ¢ T N E a'�S co z 0 N to Q1 V N O o E ,�• toO) N u m ro �. ro h m N Ql (D 'O O LL O co inN ro O y W.JJ G) N U D v O ro .D « N e N [r3 Q1 C] O C D C .J 41 G1 A3 Q O C t31 ., t% m L7 .cn tIf il. O c a C O C J .0 N � '� y °Q E � � LL m m a-• m � is � c Z us C ¢� �' D to c � cn cv a. a, o - a tU ark 7 z LU EO xx m o Ql v .�+ [ c v mC p a m[ L a3 •- o[`i w0 °U.. 6 < fk1 La- roy- N 3 U C D U (D m -D n. i00"to 'D N N� � d vQ, y V O a C m VJ ¢ O c E- a ti (D O 5 ro A o 6; D tl� m mint a ,c c c D 4N Ci as h o. o� �' rocvico ro 'D N�aa33� p a c en F-• 'o _ D c C C LL tU c D ro w 'V•' ot5 O 0 -R m N c m [n m m 4 m W N �. I] N'P Q7 E ., ¢ b KS C O to N �) p �l D Gi 3 co U� G w O w O�� C C w m O •- ro ❑ m n• w p D E � N ��C7 tn0a aN• O N c N w o(ndC] c o m E a y E 0 C9Ica D J m o o �D0�v�c L- � d ¢ aE`�y�a`oa a.av -NLL 2 tiLot aro LL m(9a- to mUr- tnZZ� m ro r- � M It+n tQ m co Jul corn r r 0 O rod N 0 rou d N N 91 N D Ol N m� rn� c �p C mm d N O tri fU D10 O Q 2 O 0 �f O N y w O— yp} p a O ` o v �' E Z a 6l a0.�. > r D D m m oy N C Ol O � p N N N tdi o - .0 O O� c 0) 3010C ro QD : m�c A ° w� m a •y O La yN O CL ry�`o r m E N A m O cU y r'C-. N E c D 01 m N U ma ccaFa t aL O c N tri �= c wLL C� mp OL O P m ° C rn c v > a� r_ z O �o 3 — N M V EXHIBIT"B" MAX HEIGHT OF FILL 6" BELOW CROWN OF ROAD PROPERTY Lo LINE MA` MATCH FILL X TYP ADJACENT GRADE OFFSET 1� 6" MIN. 3 �1 NOTE: 3 MIN. SLOPE 0.2% MINIMUM SWALE PROPERTY LINE NOTE: CROWNED AT SECTION A -A SECTION A -A LOT GRADING M IU„1 A -A I VARY A A FILL AREA ROADWAY LARGE LOT GRADING 0, " uN PROPERTY q ROAD G�pS1� LINE ROAD n h 0.cH ALLF'r OR J p -tY LlNF GRADeTOS etl L_ F OR ALLEY OR ALLEY 4 H IL 1 SMALL LOT / SMALL PROJECT N IN CURB & GUTTER AREAS SMALL LOT/SM_ALL PROJECT q IN OPEN CHANNEL AREAS w m CITY OF LA PORTS f W FILL PERMIT D ETA I LS 604 W. Fairmont Parkway Planing Dept./Engineering Div. u M a La Porte, Texas 77571 .2EM-471-5020 ce I nA�M. ti�i V 4mn AM1AI nv. in I /^uq/"`]/Gn ov, oc I Ahntl A4fGf1 ev. nAfr I AIA'Y 7 ^ r--Ai r. I —J• t ORDINANCE NO. - NO- 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 N0, 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 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 6. This Ordinance shall become effective upon its passage and approval. ORDINANCE NO. 1444- ll Page 3 PASSED AND APPROVED THIS THE ! Y/ DAY OF L;jZ6f __ _, 2003. CITY OF LA PORTE By:eDh� N RMAN MALONE, Mayor ATTESTATION: By: 4. 'Id MAR HA G I LlffTf, City Secretary APPROVED: MSTRON , As stant ity Attorney Table 10-1 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 PrelirninM 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 Amending Plat 100.00 Replat 150.00 plus 5.00 per lot Plat 100.00 -Vacating Variance (Development Ordinance 150.00 ORDINANCE NO. 1444- f AN ORDINANCE REPEALING ORDINANCES NO. 1444-C AND AMENDING SECTION 5.04 "BUILDING LINES" OF CITY OF LA PORTE ORDINANCE NO. 14" 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. 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; ORDINANCE NO. 1444-F Page 2 NOW, THEREFORE, BE 1T 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 detennines and declares that 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 the _north right -of -wax line of North P Street. Properties adiacent to the Sens Road right-of-way extending from West Main Street to the north right-of-way line of North P ORDINANCE NO. 1444-F Page 3 Street are subject to a development setback of 50 feet from either side of the centerline of Sens Road, said centerline having been established on Exhibit "A' through "E", attached hereto and incorporated by reference herein, and made part hereof for all purposes. This restriction applies to any improvements, additions, or construction of an character 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 50-foot development setback restrictions promulgated 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 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 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 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 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 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 (14) days after the passage of the Ordinance. ORDINANCE NO. 1444-F Page 5 PASSED AND APPROVED THIS THEW —' HE DAY OF 2003, CITY OF LA PORTE BYl//LG� ORMAN MALONE, Mayor ATTESTATION: N By: - MA THA GIL1_ETT, City Secretary O ED- �y -1 Af MSTRO y rCity Attorne 5 ENERGY �' IP STL . 4,. rr.. Ir rl A ffl PROPOSED SENS ROAD OUTLOT 41 �oBL 7, }� GElTERPOINT ENERGY WAP # x AyCL T g f LLI - i( T is VV�4� i {�./Q 1 � � i'S�: •'= t� , = P( - � i r.i rM. 3 r It}o #Ni Eja i t5E ' . PR�PDb fyf SENS ROAD C#]L o a' PRbPOpll D_' EIVS IRDAb,' ihr r Q � t _ • F ' 7�7r G� a t - 7 t-,; q ` r a ; : 1 } �, f � 5 € r ! r'j, 1".t€ WATER LiN 3 C�nDf�F}�{r6 q . C„ PVC f �: ' - rtrl} 'i ...ENEFGYt�'4{ �STL`:° in r •r i�t�; c .. :..t, ..., r. _. _...!_ Vt � �_ Y��fii � K r • � {�� ..�.t� -'tea,?,-� } �.. . 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