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Home My WebLink AboutO-2003-1444-F e . ORDINANCE NO. 1444-;'f AN ORDINANCE REPEALING ORDINANCES NO. 1444-C AND AMENDING SECTION 5.04 "BUILDING LINES" OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLA TTING OF LAND INTO SUBDIVISIONS IN ' THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of La Porte notes that the Sens Road right-of-way is on the City of La Porte Thoroughfare Plan, which is an integral part of the Comprehensive Plan of the City of La Porte, as a primary arterial thoroughfare; and WHEREAS the City Council of the City of La Porte takes note that Harris County has plans to expand and improve the Sens Road right-of-way as said primary arterial; and WHEREAS the City of La Porte in conjunction with Harris County seek to facilitate the expansion and improvement plans of Harris County in connection with the Sens Road thoroughfare, within the ambit of the City's Comprehensive Plan and Development Ordinance; and WHEREAS the City of La Porte finds that the Development Ordinance states that all plans or plats should conform to the Comprehensive Plan for the extension of City thoroughfares; and WHEREAS the final dimensions of the planned expansion of the Sens Road right-of- way are yet to be determined; and WHEREAS development setbacks along the Sens Road right-of-way are found to be necessary to accommodate the expansion and improvement of the Sens Road right-of- way; and WHEREAS the City of La Porte finds the implementation of development setbacks to facilitate the expansion and improvement of the Sens Road right-of-way is in harmony with the requirements of the Comprehensive Plan, the Development Ordinance, and the Zoning Ordinance, within the Code of Ordinances of the City of La Porte; and WHEREAS it is the intention of the City to promote the orderly development of the City of La Porte, establish guidelines for the expansion of public thoroughfares, lessen traffic congestion, and promote and protect the public health, safety, and welfare; ORDINANCE NO. 1444-' 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 findings of fact are true, and the City Council hereby declares that Ordinances No, 1444-C are reoealed, and the City Council further determines and declares that amendments to Section 5.04, "Building Lines" of City of La Porte Ordinance No, 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2, Section 5.04, "Building Lines" of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "5,04 BUILDING LINES A. EXTRATERRITORIAL JURISDICTION: All building lines shall meet the minimum setback established in the R-1, low density residential district of the City Zoning Ordinance, except in the case of non-single family residential development which shall require a 20 foot minimum side yard building line adjacent to a public street. B. TRANSITION BUILDING LINES having a minimum angle of 45 degrees are to be provided where an offset in building lines is greater than 5 feet. C. The followina develooment setback restrictions are established for the Sens Road right-of-wav extendina from West Main Street to the north riaht-of-wav line of North P Street. Prooerties adiacent to the Sens Road riaht-of-wav extendina from West Main Street to the north riaht-of-wav line of North P ORDINANCE NO. 1444' Page 3 . Street are subiect to a development setback of 50 feet, from either side of the centerline of Sens Road. said centerline havina been established on Exhibit "A" throuah "E". attached hereto and incorporated bv reference herein. and made part hereof for all purposes. This restriction applies to any improvements. additions. or construction of any character on property abuttina the Sens Road riaht-of-wav. and reaardless of zonina classification under this Code. The buildina setback restrictions contained in Chapter 106 of the Code of Ordinances of the City of La Porte are subiect to the restrictions contained in this section and shall commence from the 50-foot development setback restrictions promulaated herein, Section 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation, Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance, Development Ordinance, or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this . ORDINANCE NO. 1444' Page 4 e- Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 5, If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid, Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon, The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. ORDINANCE NO. 1444' . Page 5 PASSED AND APPROVED THIS TH~ DAY OF pE-telntEt, 2003. CITY OF LA PORTE BY~~~---- ORMAN MALONE, Mayor ATTESTATION: BY1JItttirl, t!ir~ MA THA GILCETT, City Secretary APPROVED: .. EXHIBIT 2 SCALE: 1" = 100' ,. EXHIBIT "A" I SCALE: 1" = 100' ~! EXHIBIT "B" SCALE: 1" = 100' "e" SCALE: 1" = 100' SCALE: 1" = 100' . e ... EXHIBIT 3