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HomeMy WebLinkAboutO-2002-1444-C I, . . ORDINANCE NO. 1444-k 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. 144'" Page 2 e 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 0 to the north right-of-way line of North P Street. 1, West Main Street to Avenue D I~~ l ORDINANCE NO. 144~ Page 3 e 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. 144~ Page 4 e 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. 144_ Page 5 e 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 ~ DAY OF J~ te(fll\ ~( ,2002, CITY OF LA PORTE BY:~~~ RMAN ALONE, Mayor ATTESTATION: I By: APPROVED: e e ..' e e .. . ~. 4 ~ . ----, . City of La Porte Established 1892. , , 1 . . I 1 ~ . . I . January 10, 2002 Commissioner Jim Fonteno Harris County Precinct 2 1001 Preston, Room 950 Houston, Texas 77002 Re: Future' Expansion of Sens Road Right-of~ Way Determination Dear Commissioner Fonteno: The City is pleased that we. are moving forward with the~ extension of Bay Area . Boule~ard from Fairmont Parkway to .West Main (Spencer Highway). We are excited about this joint venture and are anxiously awaiting the construction phase, With this accomplishment behind us, I b~lieve it is important for us to ~tiate planning for the expansion ofSens Road. While the possibility of expanding Sens Road from West Main . to State Highway 225 (North 'P') has been discussed, there has been no final commi4nent or funding for this project. . The City is considering passing an ordinance setting additional setbacks and building lines for new construct~on along, Sens Road to prevent further encroachments into the future right-of-way of Sens Road. .These setbacks woul~ remain in p~ace,until a right-of- way study could be completed. We ask that Pre<;inct 2 consider authorizing a right-of-way study in the near future so yve , can fix the future right-of-way for expansion of Sens Road, Please advise us if Precinct 2 could proceed with such a study. If you have any questions, please feel free to contact me. Sincerely, G~ T: \A~, Robert T, Herrera, City Manager . .1~JRTHlml I cc: John Joe~, Assistant Ci~ M~ager . Elmo Wright, Chief of Staff, Harris County Precinct 2 Art Storey, Executive Director of Harris County Public Infrastructure ~n" 'AT 1:....:.._"'_.. '01......... _ T _ n. I .....