HomeMy WebLinkAboutO-2003-1444-C
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ORDINANCE NO. 1444- G
AN ORDINANCE AMENDING SECTION 5.04 "BUILDING LINES" OF CITY OF LA
PORTE ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLATTING OF
LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED
A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS the City Council of the City of La Porte notes that the Sens Road right-of-way
is on the City of La Porte Thoroughfare Plan, which is an integral part of. the
Comprehensive Plan of the City of La Porte, as a primary arterial thoroughfare; and
WHEREAS the City Council of the City of La Porte takes note that Harris County has
plans to expand and improve the Sens Road right-of-way as said primary arterial; and
WHEREAS the City of La Porte in conjunction with Harris County seek to facilitate the
expansion and improvement plans of Harris County in connection with the Sens Road
thoroughfare, within the ambit of the City's Comprehensive Plan and Development
Ordinance; and
WHEREAS the City of La Porte finds that the Development Ordinance states that all
plans or plats should conform to the Comprehensive Plan for the extension of City
thoroughfares; and
WHEREAS the final dimensions of the planned expansion of the Sens Road right-of-
way are yet to be determined; and
WHEREAS development setbacks along the Sens Road right-of-way are found to be
necessary to accommodate the expansion and improvement of the Sens Road right-of-
way; and
WHEREAS the City of La Porte finds the implementation of development setbacks to
facilitate the expansion and improvement of the Sens Road right-of-way is in harmony
with the requirements of the Comprehensive Plan, the Development Ordinance, and the
Zoning Ordinance, within the Code of Ordinances of the City of La Porte; and
WHEREAS it is the intention of the City to promote the orderly development of the Ci.ty
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-.
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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 find ins 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 0, and from
Avenue D to the north right-of-way line of North P Street.
1. West Main Street to Avenue D
ORDINANCE NO. 1444-.
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Properties adjacent to the Sens Road right-of-way extending from
West Main Street to Avenue D, are subject to a development setback
of 20 feet, from either side of the right-of-way. This restriction applies
to any improvements, additions, or construction of any character on
property abutting the Sens Road right-of-way, and regardless of
zoning classification under this Code.
The building setback restrictions contained in Chapter 106 of the
Code of Ordinances of the City of La Porte are subject to the
restrictions contained in this section and shall commence from the
20-foot development setback restrictions promulgated herein.
2. Avenue D to the north line of North P Street
Properties adjacent to the Sens Road right-of-way extending from
Avenue D to the north line of North P Street, are subject to a
development setback of 40 feet, from either side of the right-of-way.
This restriction applies to any improvements, additions, or
construction of any character on property abutting the Sens Road
right-of-way, and regardless of zoning classification under this Code.
The building setback restrictions contained in Chapter 106 of the
Code of Ordinances of the City of La Porte are subject to the
restrictions contained in this section and shall commence from the
40-foot development setback restrictions promulgated herein.
. ORDINANCE NO. 1444-.tl.
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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
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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. Th~ City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
ORDINANCE NO. 1444.
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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 THEC~I- DAY OF J12c..elN\6-e( ,2002.
CITY OF LA PORTE
BY.'~t#~~~
RMAN ALONE, Mayor
ATTESTATION:
APPROVED:
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Ageuda Date Requeated: Decom~
Requested By: Niek Finan .
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Appropriation
Source of Funds:
Department: Plaaailll
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
1. Ordinance 1444- F
Amount Requested:
2. Exhibits A-E
Budgeted Item: YES NO
3. Ordinance 1444-C
SUMMARY & RECOMMENDATION
The City and Harris County are working together to expand and improve Sens Road from West Main St.
to North "P" Street. Current plans are for Sens Road to be as-lane, curb-and-gutter concrete roadway.
This planned roadway requires a 100-foot wide right-of-way; there is only 60 feet of right-of-way in place
along Sens Road at this time. The County authorized the engineering firm Binkley & Barfield, Inc., to
conduct a preliminary right-of-way study that evaluated existing conditions along Sens Road and
recommend the best scenario for right-of-way acquisition that will create the least impact on existing
development. The City of La Porte has received from the County's consultant the final alignment study.
Exhibits A-E depict the final right-of-way alignment recommended by Harris County and their consultant
for the Sens Road project.
On June 9, 2003, the City Council enacted a building moratorium within the then proposed Sens Road
right-of-way. That moratorium will automatically expire on December 9, 2003. The attached
moratorium ordinance extend that moratorium and will help the City and County preserve the areas that
are to be acquired in the near future for the Sens Road project. The ordinance creates setbacks for
property adjacent to Sens Road and restricts new buildings or other improvements in these setback areas.
Now that the final right-of-way alignment has been established the process of acquiring the additional
right-of-way can now begin. Once the right-of-way has been acquired the standard zoning ordinance
setbacks will apply to any future development.
Action Reauh-ed bv Council:
Consider approval of an Ordinance revising the development setbacks for property adjacent to Sens Road.
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