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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. ****************************************************************************** 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 V° •` 0°• Ste: o 9� Y' I � i oA 4r R:•.Karen.Files•.CityCouncil Ordinances\2019Vune27 WarverofLoningMapAmendmentFees.doc I r .. .. •' ` �', �� - 'ark= "ii � ' � L Ikkkk f• ., f ,Y ,, � , �tj E,�-� f � �_--- 1—i\�., _",� � . � �, 1.,• k � � s 't•. \. �^ �.; 777 Exhibit "D"