HomeMy WebLinkAbout04-18-1985 Regular Meetinglea
AGENDA
REGULAR MEETING OF THE LA PORTS PLANNING AND ZONING COMMISSION
TO BE HELD ON APRIL 18, 1985, IN THE COUNCIL CHAMBERS OF THE
CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS, TEXAS, BEGINNING
AT 7:00 P.M.
1. CALL TO ORDER
~ _ t~ 2. CONSIDER THE APPROVAL OF THE MINUTES OF THE PUBLIC HEARING
AND REGULAR MEETING HELD ON APRIL 4, 1985
3. CONSIDER THE APPROVAL OF THE FINAL DRAFT OF THE SUBDIVISION
ORDINANCE - B. Speake/J. Arm strong
I-~f-NDouT 4. CONSIDER THE APPROVAL OF THE THOROUGHFARE PLAN - B. Speake
5. CONSIDER THE APPROVAL OF THE PROPOSED SAFETY PLAN - B.
Speake
G. ADJOURNMENT
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MINUTES
OF THE
REGULAR MEETING OF THE
LA PORTS PLANNING AND ZONING COMMISSION
• APRIL 18, 1985
1. The meeting was called to order by Chairman Doug Latimer at
7:00 P.M.
Members of the Commission Present: Chairman Doug Latimer,
Members Charlie Doug Boyle, Lola Phillips, Janet Graves,
Bruce Hammack
Members of the Commission Absent: Members Karl Johnston,
Bobby Blackwell
City Staff Present: Assistant City Attorney John Armstrong,
Director of Community Development John Joerns, City Engineer
Bob Speake, Director of Parks and Recreation Stan Sherwood,
Assistant City Secretary Laura Hall
Others Present: Mr. Decker McKim of Decker McKim Realtors,
Inc., Mr. Fred Beck of Carlos Smith Engineering, Mr. Eddie
Gray of Gray Enterprises, Mrs. Barbara Neal of the Bayshore
Sun, and Mrs. Adair Sullivan
2. The Commission considered the approval of the minutes of the
Public Hearing and Regular Meeting held on April 4, 1985.
• Motion was made by Charlie Doug Bovle to approve the minutes
as presented. Second by Lola Phillips. The motion carried,
5 ayes and 0 nays.
Ayes: Latimer, Boyle, Phillips, Graves, Hammack
Nays: None
3. The Commission considered the approval of the final draft of
the Development Ordinance.
Director of Community Development John Joerns stated that
copies of the proposed Development Ordinance had been sent
to several prominent businessmen and citizens in the
community for their comments on the proposed Ordinance. He
stated that at least five (5) persons had been invited to
the meeting of the Commission to discuss this Ordinance. He
stated that the main area of concern in the Ordinance was
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• •
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Minutes, Regular Meeting
La Porte Planning & Zoning Commission
April 18, 1985, Page 2
that of clarification of some of the pertinent items within
the Ordinance.
• Assistant City Attorney John Armstrong then read a letter of
comment from Mr. Randy Walters of Vernon Henry and
Associates. (A copy of that letter is attached to these
minutes as part of permanent record.)
Some of the major topics of concern that were discussed were
the "Sketch Plan" which was considered a useful tool and
should be used in major subdivisions, "Time Frame" for the
completion of construction which included effects of weather
and market changes, "Title Report" or the fact that no
financial report should be disclosed, but is to include
other pertinent information, "Planning Letter" which is a
summation of disclosures made in the abstractor's
certificate, and finally, Section 3.0~ concerning the
language of the Ordinance in connection with the Master Plan
which includes approved written policy by resolution of the
City Council and final approval of the City Council.
Mr. Joerns briefly discussed minor and major developments
and how they will be governed by the Ordinance. Also, the
Commission was concerned with complications contained in
Item B, Page 52 of the Development Ordinance in regard to
"Park acquisition from developers to the subdivision in
question for the use of the citizens of the City of La
Porte." Dollar amounts had not been inserted in the
Ordinance for dedication of parkland by developers as is
• stated in section 12.02. Several members of the Commission
felt that these blanks should be filled in and suggested
that "fair market value" should be considered in coming up
with the dollar amount on the land.
After some further discussion, Chairman Latimer asked the
Commission if they would like to make a motion that the
Ordinance be approved with the changes in question, being
made before the Commission gave final approval of the
Development Ordinance.
Motion was made by Bruce Hammack to accent the Deve~ooment
Ordinance as presented with the exception of the than es
being made and the dollar amount on parkland dedication
being_taken care of before final approval of the Ordinance.
Second by Janet Graves. The motion carried, 5 ayes and 0
nays.
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Minutes, Regular Meeting
La Porte Planning & Zoning Commission
April 18, 1985, Page 3
3. Ayes: Latimer, Boyle, Phillips, Graves, Hammack
Nays: None
4. The Commission considered the approval of the Thoroughfare
• Plan.
The Commission requested that this item be placed on the May
2nd agenda for further discussion.
5. The Commission considered the approval of the proposed
Safety Plan.
The Commission requested that this item be placed on the May
2nd agenda for further discussion.
6. There being no further business to come be fore the
Commission, the meeting was duly adjourned at 9:15 P.M.
Respectfully submitted:
Laura L. Hall
Assistant City Secretary
Passed & Approved this the
_ day of , 1985.
•
Doug Latimer, Chairman
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1985
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City of LaPorte
Planning & Zoning Commission
City Hall
604 West Fairmont
LaPorte, Texas 77571
Subject: Development Ordinance Review
Dear Chairman Latimer and Commission Members:
I would like to preface my comments by complimenting you, John Joerns,
Bob Speake, John Armstrong and other members of your staff for a
fine job well done. The task you set out to accomplish was a
difficult, but necessary one. You have all handled it admirably.
Adopting this ordinance, which I view as one of the best I have seen,
will be the first major step toward implementing a plan to guide
your city's future.
As you may remember, our firm reviewed your existing subdivision
ordinance last spring and recommended several modifications. Your
staff consolidated our comments with several elements to meet specific
local needs. The result is a "hybrid" working document that provides
levels of review compatible with the level of development presented.
This unique approach should serve you well for many years to come.
John Joerns, Bob Speake and I discussed several specific elements
within the Development Ordinance draft. Most of my comments involved
clarification of intent and can be handled in a final draft. However,
there are a couple of policy considerations that need to be addressed.
Title certificate information is important at the preliminary plat
or development site plan stage. However, a full blown title report
is difficult and expensive to obtain. I have included an example
of what is known as a "planning letter" from a title company. It
is a shortened version of a title report, but provides the information
necessary at this stage of a development. It can be prepared by
a title company or an attorney. As a policy, you should require
this type of information at the preliminary plat or development site
plan stage.
Park land dedication and requirements for compensating open space
is another policy consideration to be addressed. The legal issues
• involved in park land dedication are still at question based on my
information, therefore current status should be checked again by
your city attorney. Assuming it will be considered legal at some
Vice Presidents: Mary Lou Henry, A.I.C.P. Michael L. Ilse, A.S.L.A.
~G'
•
Page 2
City of LaPorte
Planning & Zoning Commission
•
point, the issue of compensating open spaces being credited toward
that requirement needs to be analyzed. There is a rather complicated
set of "what ifs" involved that your staff will be able to present
more thoroughly than time will permit me here.
One point of clarification that bears mentioning involves public
street right-of-way dedication. Any development, regardless of size,
should be required to record a plat for the right-of-way dedicated,
even if it is only a 20 foot widening of an existing right-of-way.
This can be handled through a plat of the entire property or simply
a street dedication plat. The key is you do not want public
right-of-way dedicated by anything other than a recorded plat if
at all possible. Separate instrument dedications have a tendency
to get "lost" over time.
My compliments to you again on a superb job and I look forward to
continuing my work with you in the future.
Best regards,
andal L. Walter, A.I.C.P.
Planner
RLW: jfr
Enclosure
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April 18, 1985
•~
Mr. John Joerns
Director of Community Development
City of LaPorte
P. 0. Box 1115
La Porte, Texas 77571
Dear John:
•~
Just a note to alert you to a couple of changes that should be made
to your flow chart to clarify the steps. Other than these minor
changes, the flow chart is very effective and well done.
If you have any questions, please call.
Sincerely,
~._~'`" -
andal L. alter, A.I.C.P.
Planner
RLW: jfr
Enclosure
Vice Presidents
Mary Lou Henry, A.I.C.P. Michael L. Ilse, A.S.L.A.
"i i
TABLE 5-1
• LA PORTE STREET CLASSIFICATION SYSTEM
•
CLASSIFICATION TRAFFIC R.O.W. PAVEMENT WIDTH
~,ANES WIDTH (CURB TO CURB)
~ eet) (Feet
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 37tsections
with 26' median
.7
Secondary Arterial
Class 100/50
Secondary Arterial
Class 80/50
OTHER THOROUGHFARES
4 100
4 80
Dual 25' sections
with 30' median
Dual 25' sections
w/ center turn lane
COLLECTOR STREETS
Class 70/40 2 70 40' w/ curb parking
Class 60/36 2 60 36' w/ ctr. turn lane
Class 60/32 2 60 32'
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
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April 4, 1985
CITY OF LA
PHONE (713) 471-5020 ~ P. O. Box 1115
Mr. Douglas Latimer
Chairman of Planning & Zoning Commission
10203 Catlett Lane
La Porte, Texas 77571
Dear Doug:
FORTE
LA FORTE, TEXAS 77571
Transmittal under separate cover is a copy of the proposed
Development Ordinance for the City of La Porte as reviewed and
recommended by City Staff and legal counsel. The ordinance as
presented here conforms substantially to the preliminary version
received by the Commission several weeks ago. The only major
changes have been in format in the interest of simplification.
The Appendices are not reprinted here as they are undergoing
similar format revisions for clarity and simplification. The
Commission should be aware, however, of the value of the
Appendix as it will greatly enhance the understanding of the
ordinance.
This ordinance will also be transmitted to the City Manager,
Mayor and Council, Randy Walters, and several development
professionals in the community for their review and comment.
The City~s legal counsel will also review the ordinance for
legal consistency and conformity to current law. In addition,
pursuant to Commissions direction to legal counsel, careful
consideration will be given to inclusion of a section in the
ordinance on mandatory park dedication in residential areas.
Commission should study the ordinance carefully and be prepared
to recommend the ordinance to Council at the April 18th
meeting. Staff sincerely invites your questions and comments
and further welcomes a call or visit to discuss the ordinance
and its provisions.
I would personally like to recognize and thank the dedication of
City Engineer, Bob Speake, as well as the Commission for their
input into the drafting of the ordinance.
Since ~'1~~~
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~Dire¢tor of Community Development
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•
'. KNOX W. ASKINS, J. D., P. C.
• ATTORNEY AT LAW
702 W. FAIRMONT PARKWAY
P. O. COX 1216
JOHN D. ARMSTRONG, J.D LA PO RTE, TEXAS 77571.1218 TELEPNONE
ASSOCIATE 713 471.1888
DATE: APRIL 18, 1985
TO: MEMBERS OF THE PLANNING AND ZONING COMMISSION
FROM: JOHN ARMSTRONG, ASSISTANT CITY ATTORNEY
SUBJECT: LA PORTE DEVELOPMENT ORDINANCE
Dear Members of the Commission:
Subsequent to the months of public deliberation on the Development
Ordinance by the Planning and Zoning Commission, a concerted effort
has been made to obtain comments and criticisms on the Ordinance from
representatives of the financial and professional development community
in the City of La Porte.
The response of the financial and development community has been
• generally positive, however, several excellent points have been made
concerning suggested revisions to the Ordinance. In sailent in part,
these points are:
1. Change the definition of minor development to include the
projects of less than ten (10) acres of land, with the total
square footage of all buildings on the development not to exceed
E50,000 square feet. This would significantly reduce the number
of development projects that would go to the Commission for
approval, keeping site plan review within the defined projects
at the City staff level.
2. Increase the amount of time a developer or subdivider would
have to complete proposed subdivision improvements. Currently,
the Ordinance provides that a developer shall have one (1) year
after approval of a subdivision final plat by the Commission to
complete improvements, with a one (1) year extent ion as agreed
between the developer and the City. Developers believe an
extension to this period of time should be granted, but do not
oppose some time certain within which improvements must be
constructed.
3. Add a section requiring Deed Restrictions and a Homeowner's
Association in major subdivisions, said Homeowner's Association
• to have the ability to collect maintenance fees from the residents
in the subdivision.
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~ Memo
Page Two
4. Under the section r ardin •
e9 g park land dedication, give subdivi-
ders or developers credit for compensating open space in their
subdivisions on the park land dedication or money in lieu of
park land dedication requirement. In addition, comment was
made that when the City of La Porte purchased this park land
which is to be reimbursed by developers and subdividers within
a particular park zone, that the reimbursement cost to the
subdivider or developer should be the actual cost of the land
to the City of La Porte, as opposed to the current fair market
value of the land.
5. Make minor changes on requirements and classifications on
throughfares, arterials, collectors, and other local streets
and alleys.
6. Make minor changes on street system horizontal geometric designs
standards.
7. Taylor surviving requirements to meet up with the current City
of La Porte monument system.
By nature, the comments involved changes that would be of a minor
nature, and donf~affect the intent or integrity of the Ordinance. We
feel it is reasonable to prize P & Z of the nature of the comments of
developers and to recommend the comments and suggest changes to P & Z •
consideration. The Ordinance as presented is a final draft and is a
complete draft, however, the Commission could either choose to recom-
mend the draft to Council along with a package incorporating the
comments and suggestions, or in the alternative could choose to
incorpo-rate these suggested changes into the Ordinance prior to taking
a vote and passing the Ordinance on to Council for its consideration.
Regardless of the course of action P & 2 chooses to follow, it has
been a pleasure working with the members of the Commission and with
staff generating the document as submitted for your consideration.
Res~~tf~ully submitted,
D~Armstrong
JDA: zlw
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• or owner shall provide the necessary certificates 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.
Lighting must be located and installed in accordance
with the specif ications of the Publ is Improvements
Construction Policy and Standards.
SECTION 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 comprehensiv e 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 to the approving
authority of the City in accordance with the provisions
of this Ordinance for development that contains more
than one residential 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 proposed dwelling
•
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units. Any proposed sketch plan, preliminary plat, final
• plat, or development site plan shall show the area proposed
to be dedicated for park land under this Ordinance.
12.03 Dedication of Park Land less than one acre in size pro-
hibited.
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 im-
practical, and rwt in furtherance of the objectives estab-
lished 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 proposed dwelling units or less, the de-
veloper 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 sub-
division 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.
12.04 Dedication of park land less than 5 acres in size.
Notwithstanding Section 12.02 above, in the case of develop-
ment site plans or final plats that are filed for approval
by the approving authority that include proposed
dwelling units or less, the approving authority shall have
• the right to accept the dedication for approval of the
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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 deter-
mines 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 obj ectives 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 requirements
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 from time to time decide to
purchase land for parks in or near the area
of actual or potential development or sub-
division activity. If the City does purchase
park land in a park zone (defined below)
subsequent park land dedications for that zone
•
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. shall be in cash only and calculated to re-
. imburse'the City's actual cost of aquisition
' 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 Se-
ctions of this Ordinance shall again be
applicable.
b. To the extent that Section a. above is not
applicable,. the dedication requirement shall
be met by a payment in 1 ieu of land at
a per acre price sufficient to aquire
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 $
per dwelling unit. Cash payment may be used
only for aquisition 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 aquisition or development of a park.
Such funds shall be considered to be spent on a first in,
first out basis. If not so expended, the owners of the pro-
• perty on the last day of such period shall be entitled
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• •
to a pro rata -refund of such sum, computed on a square
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 desire to aquire the
land or of the interest of another governmental unit to
aquire the land, for purchase by the interested governmental
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 re-
serve the land shall no longer be effective if the pre-
liminary plat shall expire without adoption of a final
plat.
12.08 Park Zones
For purposes of this Ordinances the Planning Commission,
upon recommendation of the Director and the Parks and
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 •
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shall create park zones, spec ifi_cally 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 unusable
for organized recreational activitities is generally un-
suitable. Drainage areas may be accepted as part of a park
if the channel is constructed in accordance with City
engineering standards, and if no significant area of the
• park is cut off 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
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, or contemperaneously with the filing of said final
plat in said map records by a separate instrument, 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 this Ordinance shall be made by
filing of a deed to the deed records of Harris County.
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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 Commission,
strict compliance with the teens, rules, conditions, poli-
cies 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 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-
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. LA PORTE DEVELOPMENT-ORDINANCE
TABLE OF CONTENTS
•
Section Contents. Pages
1.00 GENERAL
2.00 DEFINITIONS
3.00 PURPOSE, AUTHORITY AND JURISDICTION
4.00 SKETCH PLANS
4.01 GENERAL PLANS
4.02 SUBDIVISION PLATS
4.03 PRELIMINARY PLATS
4.04 FINAL PLATS
4.05 VACATION OF RECORDED SUBDIVISION PLATS
• 4.06 AMENDING RECORDED SUBDIVISION PLATS
4.07 REPLATTING RECORDED SUBDIVSION PLATS
4.08 DEVELOPMENT SITE PLATS
4.09 MAJOR DEVELOPMENT SITE PLANS
4.10 MINOR DEVELOPMENT SITE PLANS
5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND
DEVELOPMENTS
5.01 GENERAL STREET STANDARDS
5.0 2 S I DEWALKS
.7
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LA PORTE DEVELOPMENT ORDINANCE •
TABLE OF CONTENTS -
Pag a -2-
Section _ Contents Pages
5.03 LOTS
5.04 BUILDING LINES
5.05 'EASEMENTS
6.00 SURVEY REQUIREMENTS
7.00 PUBLIC IMPROVEMENTS
8.00 REIMBURSEMENT FOR OVERSIZING
9.00 RECORD DRAWINGS
10.00 FEES AND CHARGES
11.00 ENGINEERING AND CONSTRUCTION STANDARDS
FOR SUBDIVISIONS
11.01\ STREETS AND ALLEYS
11.02 DRAINAGE AND STORM SEWERS
11.03 WATER AND SEWER SYSTEMS
11.04 STREET LIGHTING
12.00 VARIANCES
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LA PORTE DEVELOPMENT ORDINANCE
TABLE OF CONTENTS
Page -3-
APPENDICES CONTENTS
A COMMENTARY
B SKETCH PLANS
C GENERAL PLANS
D PRELIMINARY PLATS
E FINAL PLATS
F DEVELOPMENT SITE PLANS
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LA PORTE DEVELOPMENT ORDINANCE
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Section 1. GENERAL
These regulations shall govern every person, firm, asso-
ciation or corporation owning any tract of land within the
City limits of the City of La Porte and within its extra-
territorial jurisdiction who may hereafter subdivide or
engage in development as hereinafter defined any tract
of land or any addition to said City provided, however,
that the City of La Porte hereby excludes from the
terms, conditions and effects of this Ordinance and
all amendments hereto, land included within the boundaries
of any Industrial District or Districts within the Extra-
territorial Jurisdiction of the City of La Porte that
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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.
Section 2. 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
postition or his duly authorized deputy or representative. •
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• Terms, phrases or words not expressly def fined herein are to
be considered in accordance with customary usage.
2.01 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.
2.02 APPROVING AUTHORITY: The City official having authority to
sign plats signifying City approval of said plats. For
minor developments, the approving authority is the Direc-
tor. For all other developments, the approving authority
is the Planning and Zoning Commission.
• 2.03 ARTICLE 970a: A general law of the State of Texas found
at Acts 1963 General Laws Ch. 160, as it may be from
time to time amended.
2.04 ARTICLE 974a: A general law of the State of Texas found at
Acts 1927 General Laws, Ch. 231, as it mc~y be from time
to time amended.
2.05 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.
2.06 BLOCK: An identified tract or parcel of land established
within a subdivision surrounded by a street or a com-
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bination of streets and other physical features and •
which may be further subdivided into individual lots or
reserves.
2.07 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.
2.08 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. •
2.09 CITY: The City of La Porte, Texas.
2.10 CITY COUNCIL: The City Council of the City.
2.11 CITY SECRETARY: That person holding the office of City Se-
cretary under the terms of the La Porte Charter, or her/his
designated representative.
2.12 COMMISSION: The Planning and Zoning Commission of the
City.
2.13 COMPENSATING OPEN SPACE: Those areas designated on a plat
which are restricted from development, except for land-
scaping and recreational uses and which all owners of re-
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sidential properties within the plat have a common legal
• interest or which are retained in private ownership and re-
stricted from development, except for landscaping and re-
creational uses, for the exclusive use of all owners of re-
sidential 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.
2.14 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.
2.15 COUNTY: Harris County, Texas
2.16 DEPARTMENT: The Community Development Department of the
City of La Porte.
2.17 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.
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2.18 DEVELOPMENT: The process of converting land within the
City's jurisdiction 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.
2.19 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 or development site plan by the
City approving authority, and authorizes the construction
of improvements not regulated by the City Building Code.
2.20 DEVELOPMENT, MAJOR: Any development not a minor develop- •
ment.
2.21 DEVELOPMENT, MINOR: Any project or development that in-
volves no more than five (5) acres of land and the total
square footage of all buildings on the site does not
exceed 20, 000 square feet and requires no change to the
City's Comprehensive Plan.
2.22 DIRECTOR: The City Director of Community Development or
his designated representative.
2.23 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.
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2.24
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2.25
2.26
2.27
2.28
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EXTRATERRITORIAL JURISDICTION: The unincorporated terri-
tory beyond the City limits of the City established by
the authority of Article 970a and 974a.
FILING DATE: The date when a site plan, general plan, or a
plat is formally presented to the Commission for its
approval and registered as a part of the Commission's
official meeting agenda.
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 sre
shown on the official flood insurance rate maps (FIRM),
adopted by Council.
FLOOD HAZARD PREVENTION ORDINANCE: The City Ordinance,
adopted by the Council, which defines the flood hazard
ardas of the City, and regulates land development more
restrictively within such areas, by means of issuance of
a special Flood Plain Development permit.
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 .
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2.29 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.
2.30 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 Commission 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
Commission of the City of La Porte.
2.31 ~ LOT: An undivided tract or parcel of land contained with-
in a block or designated on a subdivision plat by numerical
identif ication. •
2.32 MOBILE HOME PARK: An unsubdivided development divided in-
totlmobile home sites for rent and for the installation
of mobile homes thereon.
2.33 MOBILE HOME SUBDIVISION: A subdivision divided into mobile
home lots for sale.
2.34 MONUMENT: 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.
2.35 MONUMENT SYSTEM: A monument system established by the
City to provide horizontal and vertical survey control for •
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land development in La Porte within a common frame of
reference. A document describing the City Monument System
is published separately.
2.36 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 had
been platted in accordance with this Ordinance.
2.37 PLAN, DEVELOPMENT SITE: A site plan for unsubdivided de-
velopments certified by the land owner and by a Prof es-
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.
2.38 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
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 annexation of additional land area; or a group of
contiguous planned unit developments, as separate en-
tities or merged into a single consolidated entity.
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2.39 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.
2.40 PLAT, AMENDING: A plat, previously approved by the Commission
and duly recorded, which is resubmitted to the Commmission
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-
subd iv ision 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).
,2.41 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.
2.42 PLAT, PRELIMINARY: A map 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.
2.43 PLAT, STREET DEDICATION: A map or drawing suitable for
recording in the appropriate county records illustrating
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the location of a publ is street within a specif ic' tract
of land.
2.44 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 Off ice.
2.45 RESERVE: A parcel of land within a subdivision or develop-
ment plat reserved from current development. A reserve
may be restricted to a special use such as drainage, re-
• creation or common area. Reserves within subdivisions
not restricted in use may be shown as "unrestricted".
2.46 RESUBDIVISION OR REPEAT: The relocation or removal of ex-
fisting streets or lots by replatting as allowed under the
provisions of Art. 974a. V. T.C. S. Section 5 as amended.
2.47 RIGHT-OF-WAY: A strip of land acquired by reservation, de-
dication, prescription or condemnation and used or intended
to be used as a road, utility installation, crosswalk,
railroad, electric transmission lines, or other similar
use.
2.48 SPECIAL USE SITES:
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2.49 STREETS, COLLECTOR: A street designed to serve equally •
the functions of access and movement.. Collector , streets
serve as links between local streets and arterials.
2.50 STREET, CUL-DE-SAC: A local street having one end open to
vehicular traffic and having one closed end terminated
by a turnaround.
2.51 STREET,. LOCAL: A neighborhood or minor street whose
primary purpose is to provide access to abutting pro-
perties.
2.52 STREET, PRIMARY ARTERIAL: A expressway, freeway, or pri-
mary thoroughfare whose primary function is the movement
of traffic.
2.53 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 will not be considered
as private streets.
2.54 STREET, PUBLIC: A public right-of-way, however designated,
dedicated or acquired, which provides vehicular access to
adjacent properties.
2.55 STREET, SECONDARY ARTERIAL: A primary thoroughfare whose
predominate function is the movement of traffic but which
provides more access than normally associated with a primary
arterial.
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2.56 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.
2.57 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.
2.58 SUBDIVIDER: Any owner or authorized agent thereof, proposing
to divide, or dividing, land so as to constitute a sub-
division according to th e terms and provisions of this
Ordinance. A subdivider is further def fined to be a devel-
op er.
2.59 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 fo r
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 includ e
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.
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2.60 SUBDIVISION, MAJOR: Any subdivision not classified as a
minor subdivision.
2.61 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.
2.62 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.
2.63 TITLE CERTIFICATE
A
tifi
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cate 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 des-
cribing all encumbrances of record which affect the property
together with all deeds recorded from and after the effec-
tive date of this Ordinance record which shall include any
part or the property included in a subdivision or develop-
ment plat.
2.64 VARIANCE: Permission granted in writing by the Commission
to depart from the literal requirements of this Ordinance.
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• 2.65 ZONING ORDINANCE: The Zoning Ordiance of the City of
La Porte, together with any amendments thereto.
SECTION 3. 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
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,
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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,
resubdivided, platted, replatted or developed without the
approvals required in this Ordinance, subsequent to the
passage of this Ordinance.
3.01 The City shall withhold all City improvements of whatso-
ever nature, including the maintenance of streets and th~
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
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 def fined
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
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1) Comprehensive Plan of the City, its streets, alleys and
public utility facilities which have been laid- out; and,
2) 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 policies and pro-
cedures of the City of La Porte.
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4.00 SKETCH PLANS
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The developer or -owner of the land may choose. to
submit a sketch plan to the director of community
development for his informal review. The applicant
should discuss with the Director the procedure for
submittal and approval of subdivision or development
site plans and the requirements as to the general
layout of streets, reservations of land, street
improvements, drainage, sewerage, 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
subdivision with those officials who must eventually
approve these aspects of the subdivision plat coming
within their jurisdiction.
1. 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 developments or
subdivisions are contained in Appendix B.
2. SKETCH PLANS: SUBMISSION
The City encourages the
to submit one (1) copy of
one (1) copy of the
checklist to the director
prior to the date he into
subdivider or developer
each sketch plan and
completed development
at least two (2) weeks •
ends to submit his first
formal plan or plat.
3. SKETCH PLANS: EFFECT OF SKETCH PLAN REVIEW
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Sketch plan review is optional and informational
in nature and no city approval or disapproval
results from this review. The developer may file
- 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 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 developers future plans change, such
changes are to be disclosed to the Department by
filing a new General Plan.
1. GENERAL PLANS: REQUIREMENTS AND SUBMISSION
(SEE APPENDIX C)
Five (5) copies of the general plan, certified by
the developer and planning consultant, 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. Complete instruction for
preparing general plans are contained in Appendix C.
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2.
GENERAL PLANS: ACTION BY THE APPROVING AUTHORITY
All general plans require final approval from the •
Commission. Following review of the general
plan, the Commission shall, within thirty (30)
calendar days of the filing date, take one of the
following actions:
A. Approve the general plan as filed;
B. Conditionally approve 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 the Planning Commission.
C. 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 developer, 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 plat by
the developer will cause the plat to be
deemed approved.
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3. GENERAL PLANS: EFFECT OF APP~VING AUTHORITY
• ACTION
• A. Approval: Commission approval of the
general- plan authorizes the developer to
file a preliminary subdivision plat or a
development site plan.
B. ConditioBal Apprgval: Commission
conditional approval requires submission of
an amended general plan and additional
documentation as specified by the Planning
Commission for final commission approval.
C. ,pisapprQ,yal: Commission disapproval of a
general plan requires submission of a new
general plan.
4. OFFICIAL GENERAL PLAN
The original approved mylar of the general plan,
signed by the developer and planning consultant,
j 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.
4.02 SUBDIVISION PLATS
The following sections of the ordinance outline
procedures for preparing 'and obtaining Commission
approval of subdivision plats for residential,
commercial, or industrial properties. All final
subdivision plats must be recorded in the county map
records.
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4.03 PRELIMINARY PLATS
Preliminary Plats are required for all major •
subdivisions, and shall be consistent with •the
approved general plan, if applicable.
1. 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
Department 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
all other lines. Complete instructions for •
preparing preliminary plats and required
accompanying documentation are contained in
Appendix D.
2. PRELIMINARY PLAT: ACTION BY THE APPROVING
AUTHORITY
All Preliminary Plats require final approval form
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:
A. Approve the preliminary plat as filed;
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B. Conditionally approve th~ 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. -
C. Disapprove the preliminary 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.
Commission action shall be noted on three (3)
copies of the general plan, which shall be
distributed to the developer, 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 plat by the
developer, will cause the plat to be deemed
approved.
4.04 FINAL PLATS: REQUIREMENTS ANp CONSENTS
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 E. A number of documents must be
submitted with the final plat, including the
following:
A. Title Certificate: A letter or other
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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
information specified in Enclosure 2 to
Appendix A.
B. Utility company letters: Letters from
servicing utility companies approving the
easements shown on the plat for their use.
C. Private easement holders consent: A letter,
statement or instrument from the holder of
any privately owned easement or fee strip
within the subdivision boundaries approving
any crossings of said existing easement or
fee strip by proposed streets, utilities, or
easements shown on the plat. If an
instrument of record is submitted in lieu of •
such consent, the City Attorney shall
approve said substitution.
D. Other document,: See Appendix E.
1. 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 shall be submitted to the
department for review at least two (2) weeks
before the date at which the final plat is filed
with the Commission.
2. FINAL PLATS: ACTION BY THE APPROVING AUTHORITY
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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:
A. Approve the Final Plat as filed;
B. .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 general plan, which shall be distributed to the
developer, Department, and official files of the
Commission.
• 3. FINAL PLATS: EFFECT OF APPROVAL
A. ~ooroval of a final plat as filed and all
accompanying documentation by the
Commission, together with approval of public
improvement construction documents by the
Director, results in issuance of a
development authorization by the Department
which permits the developer to begin
,.,~ ~ construction of subdivision improvements.
B. p~sapproval of a final plat requires filing
of a new final plat.
4. FINAL PLATS: RECORDATION AND CONSTRUCTION OF
PUBLIC IMPROVEMENTS
A final plat shall not be recorded until executed
the Director and by the Commission. Before
the final plat is executed, the developer shall
follow the procedure provided for in Section
4.04, and construct the proposed improvements •
according to the approved plans --and
specifications. In the event the developer or
owner fails to commence construction of such
improvements within one year of development
authorization, approval of the final plat shall
terminate upon written notice from the Commission
to the developer or owner. The developer or
owner may request in writing a one year extension
specifying the reasons why construction has not
commenced.
The Planning Commission shall not sign and
deliver a copy of the plat to be recorded, nor
shall such final final plat be recorded, if such
proposed improvements are not completed within
one year of commencement of construction, and
approved by the Director of Community •
Development. The developer or Owner may request
a one year extension in writing from the Director
specifying the reasons why construction has not
been completed.
5. 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 10 to Appendix E
which authorizes the county clerk to return said
mylar to the Department after recordation.
4.05 VACATION OF RECORDED SUBDIVISION PATS
rb Elected by Commission e~ution of said
4 certificate.
4.07 REPLATTING RECORDED S.~BDIV~SI0,~1 ,SLATS
A replat or resubdivision 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:
1. it has been signed and acknowledged by only the
owners of the particular property which is being
replatted or resubdivided on the acknowledgement
shown in Enclosure 3 to Appendix E;
2. it does not attempt to alter, amend or remove any
covenants and restrictions;
3. there is compliance, when applicable, with
Subsections (c) and (d) of Section 5, Article
974a, V.T.C.S.; and
4. 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.
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(1) below, it shall be
a violation of this Ordinance for any person to
develop property within the City of La Porte without
/~
•`
The vacation of subdivision plats, which is authorized
and regulated by Article 974a, V.T.C.S. Section 5 (a),
shall be permitted, provided:
1. All owner(s) of all property contained within the
previous plat sign the vacation of subdivision
declaration shown on Enclosure 7 to Appendix E;
2. Approval of the Commission is obtained and
reflected by Commission execution of the
certificate shown on Enclosure 8 to Appendix E;
and
3. Said owners declaration and Commission approval
certificate is recorded as a single instrument in
the county records as required by Article 974x,
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:
1. The signed amending plat certificate shown on
Enclosure 6 to Appendix E is placed upon the face
of the amending plat;
2. The planning and zoning commission certificate
shown on Enclosure 8 to Appendix E is placed upon
the face of the amending plat and;
3. Commission approval of said amending plat is
•
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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.
1. DEVELOPMENT SITE PLANS: EXCEPTIONS TO FILING
REQUIREMENTS
A. No development site plan filing shall be
required as provided for herein in the case
of a development which is strictly
agricultural in character and use.
B. No development site plan filing shall be
required as provided 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.
C. No development site plan filing shall be
required as provided for herein in the case
of a development that is strictly
residential in character and use, and occurs
in the form of a single family house,
regardless of whether said house is
constructed inside or outside of a
subdivision.
a
2. ~~OR AND MINOR DEV
ELOPMENT SITE PLANS.
REQUIREMENTS AND CONTENTS (SEE APPENDIX F) '
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 in Appendix F.
4.09 -MAJOR DEVELOPMENT SITE PL.QNS
1. SUBMISSION
Five (5) copi
plan, certified
surveyor, and
documentation
department for
before the date
requested.
es of the major development site
by the developer and engineer or
one (1) copy of all required
shall be submitted to the
review at least two (2) weeks
at which Commission review is
2. MAJOR DEVELOPMENT SITE PLANS:
ACTION BY THE APPROVING AUTHORITY
The Commission is the approving authority for all
major development site plans. Following review
of the major development site plan, the
Commission shall, within thirty (30) days of the
filing date, take one of the following actions;
A. Approve the major development site plan as
filed;
B. Conditionally approve the major development
site plan as .filed, pro~ded, the reasons
are stated in writing and a copy of the
statement is signed by the chairman of the
Planning Commission.
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.
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.
3. MAJOR DEVELOPMENT SITE PLANS:
EFFECT OF APPROVING AUTHORITY ACTION
A. A o
ppr val of a mayor development site plan
and all accompanying documentation by the
Commission, together with approval of public
improvement construction documents by the
Director, results in issuance of a
development authorization by the Department.
B. 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. Disapproval of a major development site plan
requires filing of a new major development
site plan.
4.10 MINOR DEVELOPMENT SITE PLANS
1. 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.
2. MINOR DEVELOPMENT SITE PLANS:
ACTION BY THE APPROVING AUTHORITY
The Director is the approving authority for all
minor development site plans. Following review
of the minor development site plan, the Director
shall, within two (2) weeks of the filing date,
take one of the following actions:
A. Aonrove the minor development site plan as
filed;
B. Conditions iv approve the minor development
site plan as filed, provided, the reasons
are stated in writing and a copy of the
statement is signed by the Director.
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.
Department action shall be noted on three (3)
copies of the minor development site plan, which
shall be distributed to the developer,
Department, City Code Enforcement Division.
3. MINOR DEVELOPMENT SITE PLANS:
EFFECT OF APPROVING AUTHORITY ACTION
A. 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. Condit=onal 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. Disapproval of a minor development site plan
requires filing of a new minor development
site plan.
4. 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:
s
s
A. A copy of the Director's disapproval letter;
B. A letter statin the basis o
g f 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.Og(2) above.
5. MAJOR AND MINOR DEVELOPMENT SITE PLANS:
OFFICIAL DEVELOPMENT SITE PLAN
The original approved mylar film of the
development site plan shall be retained in the
official files of the Department or Commission as
the case may be. A development authorization
will not be issued until said mylar has been
delivered to the Department.
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5.00 GENERAL STANDARDS FOR SUBDIVISIONS AND DEVELOPMENTS
A. La Porte Street Classification System
1. General: The street pattern of a city should provide
adequate circulation within the city while discouraging
through traffic within local neighborhoods. This may b e
accomplished by providing thoroughfares spaced at approxi-
mately one-mile intervals and collector streets within
neighborhoods spaced at about half-mile intervals to link
local streets to the thoroughfare network.
2. The La Porte Street Classification System may be found
in Table 5-1.
s
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TABLE 5-1
LA PORTE STREET CLASSIFICATION SYSTEM
- TRAFFIC R.O.W. PAVEMENT WIDTH
CLASSIFICATION LANES WIDTH (CURB TO CURB)
(Feet) (Feet)
MAJOR THOROUGHF ARES
Controlled Access 4-10 (Determined by TSDHPT)*
Highway (SH 146-225)
Semi-Controlled 4-8 (Determined by Harris County
Access Highway Commissioners Court)
(Fairmont Pkwy )
Primary Arterial 4-6 120 Dual 37 ft. sections
w/ 26 ft. median
Secondary Arterial
Collector Streeets
OTHER THOROUGHFARES
4
80 - 100
2
70
60
60
Dual 25 ft. sections
w/ 30 ft. median
Provide for four 12'
moving traffic lanes
and one 12' center
turn lane
40' w/curb parking
36' w/ctr. turn lane
32' otherwise
NEIGHBORHOOD STREETS AND ALLEYS
Local Streets 2 50 28
Private Streets 2 28 28
Public Alleys 2 40 20
Private~Alleys 2 20 20
and Drives
* Texas State Department of Highways and Public Transportation
t
•
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• 5.01 GENERAL STREET STANDARDS
1. Horizontal geometric design standards may be found in Table
5-2.
2. 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.
3. 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 developed. 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.
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.
- -
47
TAR LE 5-2
LA PORTE STREET SYSTEM HORIZONTAL GEOMETRIC DESIGN STANDARDS •
STANDARD MAJOR OTHER LOCAL
(Minimum unless noted THOROUGHFARES THOROUGHFARES STREETS ALLEYS
Maximum block 2000 1800 1400 NA
1 eng th ( feet )
CURVES
Centerline curve 2000 800
raduis (feet) 400 (1)
Tangent between 100 100
Reverse curves ( feet)
INTERSECTIONS
Tangent length approach- 100 70
ing intersections
Offset distance (feet) 200 150
Intersecting streets 90 +- 5 90 +- 5
angle of intersection
(degrees)
Curve radius at normal 25 20
intersection (feet)
Curve radius at acute 30 25
angle intersection (feet)
DEAD END STREETS AND A LLEYS
Maximum length Not permitted Not permitted
Cul-de-sac radius
(feet) NA NA
300 200
50 30
50 30
125 100
90 +- 10 90 +- 15
•
20 15
25 20
600 300
40 N/A
NOTES
(1) Collector Streets
(2) Dead end alleys are not permitted
t
a - - ~i
• 5.01 GENERAL STREET STANDARDS (continued)
• 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 Tables 5-1 and 5-2 and the City Public
Improvements Criteria Manual.
6. Partial or Half-Streets: Partial or half-streets may be
provided where the Commission feels tht 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 automatically become dedicated for street purposes
when and insofar as a foot strip adjacent to it is
so dedicated."
""~ 7. Provisional one foot reserve to be used along the side or
end of streets that abut acreage tracts. The note shown in
Enclosure 11, Appendix E is to appear on the Final Plats
and Street Dedication Plats, where appropriate.
-49- '
8. Harris County Road Law •
All subdivisions within the City's extraterritorial j uris-
diction shall comply with the current Harris County Road
Law. The statement to be found in Enclosure 3 to Appendix
E is to appear in Final Plats.
9. Street Names
a. 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.
b. Proposed new names must be submitted to the Department
for checking prior to the submittal of first plat or plan.
c. The developer shall provide street name signs in accor-
dance with the approved City Public Improvements Cri- •
teria Manual.
10. 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.
e
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11. 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 coterminous with the edge of pavement.
12. Engineering Data (See Appendices A through E)
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 desiyn of a neighborhood 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 backing on major
thoroughfares and upon approval by the Planning Commission.
1. All lots shown on the plat will be for residential purposes
unless otherwise noted.
2. 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".
3. Driveway access to thoroughfares shall be prohibited. (See
f - ~
4. Double front lots are prohibited except when backing on major
thoroughfares. •
5. Minimum Lot Sizes:
A. Lot width and area requirements established by the City
Zoning Ordinance shall govern.
B. All lots must have at minimum of twenty f eet ( 20 ) of
frontage on a public street.
C. All lots within the City's extraterritiorial juris-
diction shall meet the minimum width and area require-
m ents established in the R-1, low d ensity residential
district of the Zoning Ordiance.
5.04 BUILDING LINES
1. Residential: Th a minimum building lines shall be
as follows:
A. Front: 25' from thoroughfare, right of way line, 20' •
from other street right of way line;
B. Side: 1. ) Interior lots: 5' from side lot line;
2.) Corner lots: If lot line is coterminous
with right-of-way line, building line shall
be 25' from thoroughfare right-of-way or
20' from other street right-of-way.
C. Rear: 20' from rear lot 1 in e.
2. Commercial or Industrial: The minimum building lines
shall be as follows:
A. Front: 20' from right of way line;
b. Side: 1. ) Interior lots: 5' from side property
line, except 10' if adjoining property
is residential;
C~
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•
2.) Corner lots: If lot line is coterminous
with right-of-way line, building line
shall be 25' from thoroughfare right-of-
way or 20' from other street right-of-way.
c. Rear: 10' from rear property line, except 20'
if adjoining property is residential.
3. Building Lines adjacent to Easements shall he three (3)
feet, but in no case shall the building line be less
than that specified in Subsection 5.04 (1) and 5.04 (2).
4. Extraterritorial Ju risdiction: All building lines shall
meet the minimum setback established in the R-1, low
density residential district of the City Zoning Ordin-
ance, except in the case of non-single family residen-
tial development which shall require a 20 foot minimum
•
side yard building line adjacent to a public street.
5. Transition building lines having a minimum angle of
45 degrees are to be provided where an offset in
building lines is greater than 5 feet.
5.05 EASEMENTS
1. Drainage Easements
A. 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
jurisdiction, and by the Director in conjunction
with Harris County Flood Control District (HCFCD)
for all easements that HCFCD may have an interest
in.
i ,~_ f
B. Easements for drainage adjacent to lots, tracts,,
or reserves shall be noted on the Plat as shown •
in Enclosures 3 to Appendix E or Enclosure 3 to
Appendix F, as appropriate.
2. 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 (C) above.
3. Platting of public streets or easements across rivate
easements or fee strips. (see also Section 4.04 (C) .
A. A copy of the instrument establishing any private
easement shall be submitted with Development Plat
or the Preliminary Plat as reflected by the title
certificate submitted.
B. 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 a defined 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 established as specified in Section 5.04.
C. 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 responsibilif
-54-
for seeing that any adjustments and protection of
• i
li
l
t
i
l t
i
ti
i
i
li
ex
s
nes, e
ec
r
ca
ransm
ng p
pe
ss
on
nes,
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.
D. Prior to filing of the final plat or plan for
record, the following requirements must be met:
(1) 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 sa id 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 in-
strument shall be delivered to the City Plan-
Wing Commission to be filed for record along
with the plat or plan.
(2) 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
!~
y
-55-
required adjustments in pipelines, electrica~
transmission lines, or other similar facili- •
ties have been made to the satisfaction of
the holder of the easements.
SECTION 6.00 SURVEY REnUTRF.MF.NTS
b. ul Monuments shall be installed in accordance with
the PICM. All plat monuments shall be coordi-
nated with the City of La Porte Monument System.
6.02 One bench mark for each five acres of property
or fraction thereof shall be permanently in-
stalled in an approved manner, with their loca-
tion and the elevation shown on the plat or plan.
Datum shall be National Geodetic Survey Datum,
latest adjustment.
6.03 Lot markers shall be as specified in Appendices
D or E, as appropriate.
SECTION 7.00 PUBLIC IMPROVEMENTS
7.01 Development Costs
The developer shall pay all costs for providing
the development with streets, water mains, sani-
tary sewers, and storm sewers in accordance with
plans and specif ications for such improvment ap-
proved 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
,!
V ~ -56-
., in the PICM.
7.02 Developer Guarantee
• The subdivider or developer shall guarantee con-
struction of all approved public improvements
as provided in Section 4.04 (4) of this ordinance
and in conformance with the adopted Public Im-
provements Criteria Manual.
7.03 Approval of Public Imp rovements
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.
SECTION 8.00 REIMBURSEMENT FOR OVERSIZING
All improvements required in a subdivision or de-
velopment will be installed at developer's cost,
unless otherwise provid ed. 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 be-
tween the cost of the facilities that would be
adequate to serve the addition and the cost of the
~'
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-57-
facilities required by the City. A reimbursement
contract will be negotiated between the City •
Council and the Developer.
SECTION 9.00 RECORD DRAWINGS
The Engineer representing the developer must pre-
sent to the Director, reproducible complete "re-
cord drawings" for all paving, drainage struc-
tures, 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.
SECTION 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.
General Plans and Preliminary Plats: S per plat
Final Plats and Major Development Plats: S per
plat
Minor Development Plats: S per plat
SECTION 11.00 ENGINEERING AND CONSTRUCTION STANDARDS FOR SUF3DIVISION
11.01 STREETS AND ALLEYS
All streets shall be reinforced concrete pavement on a
compacted subgrade. Concrete pavement shall be provided
„ -58-
with either an integral curb poured with the pavement
or a separate curb constructed on top as required by
the Public Improvements Criteria Manual and subject
to the approval of the Director of Community Develop-
ment.
1. Pavement Design: Pavement design shall conform to the
PICM.
2. Curb and Gutter: Curb and combination curb shall be con-
structed of reinforced concrete. Cross section and
slopes shall conform to the PICM.
3. Laboratory Control: All concrete shall be designed and
controlled by a competent laboratory as required by the
Public Improvements Construction Policy and Standards.
• 11.02 DRAINAGE AND STORM SEWER
Adequate drainage shall be provided within the limits
o~f 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
conformance 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 Public Im-
provements Criteria Manual, and subject to approval
by the Director of Community Development. The developer
-59-
or owner ,shall provide the necessary certificates 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.
Lighting must be located and installed in accordance
with the specifications of the Public Improvements
Construction Policy and Standards.
SECTION 12.00 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 pro-
vided in this Ordinance would create an undue hard-
ship 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 charac-
teristics which affect 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-
.
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Y
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 Chang e
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 complianc e with the pro-
visions 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 herein.
• Any request for a variance must cite the specific rule,
policy or standard contained in this Ordinance from which
q variance is desired. Additionally, the request must
state the extent of 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 aff irmatively
finds:
1. That the variance would not be contrary to th e
general purpose and goals stated in this Ordiance.
2. That the variance would not be ~3etrimental to the
public health, saf ety or welfare, to be injurious
i - ~
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.
•