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Ordinance No. 14,104ORDINANCE NO. 14,104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, WAIVING THE APPLICATION FEE FOR ZONING MAP
AMENDMENTS FOR CERTAIN PROPERTIES WITHIN THE
2017 INVOLUNTARY ANNEXATION AREAS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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WHEREAS, in November 2017, the City finalized several involuntary annexations,
which annexations are depicted in Exhibits "A," "B," "C," and "D," which are attached hereto
and incorporated herein for all intents and purposes (the "Annexed Properties"); and
WHEREAS, such involuntary annexations resulted in approximately 1,300 acres being
automatically zoned as Open Space/Recreation (OR); and
WHEREAS, the existing uses within the Annexed Properties may continue; however,
such uses, for the most part, are considered non -conforming; and
WHEREAS, if an individual property owner wants to change or expand the existing use,
such property owner must request a zoning map amendment to rezone the property to a more
appropriate zoning district; and
WHEREAS, the current application fee for a zoning map amendment is THREE
HUNDRED AND NO/100 DOLLARS ($300.00); and
WHEREAS, the City staff is planning to initiate several City -sponsored zoning map
amendments of the Annexed Properties in the near future, which will obviate, for the most part,
the need for property owners to apply and pay for a zoning map amendment; and
WHEREAS, the City Council finds that providing a waiver of zoning map amendment
application fees until such City -sponsored zoning map amendments are complete will
accomplish a public purpose by ensuring that application fees are not a deterrent for the
enhancement of structures or economic development of the Annexed Properties; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true and such recitals are hereby approved and made a part of this Ordinance for all purposes
and are adopted as a part of the judgment and findings by the City Council of the City of
Baytown, Texas.
Section 2: That the City Council hereby waives the zoning map amendment
application fee imposed pursuant to Section 2-595(1) of the Code of Ordinances, Baytown,
Texas, for the Annexed Properties until the City completes its City -sponsored zoning map
amendments; provided, however, this waiver shall not apply to undeveloped tracts that are
greater than five acres in size.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to
be severable.
Section 5: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown and shall expire as applied to each property within the
Annexed Properties once the City -initiated zoning map amendment for such individual property
is complete.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 27th day of June, 2019.
A T:
L TICIA BRYSCH, CitRierk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., ty
Attorney
BRANDON CAPETILLO, Mayor
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Exhibit "D"