Ordinance No. 10,862ORDINTANCE NO. 10,862
AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE OFFICIAL ZONING INIAP OF THE CITY OF BAYTOWN TO
RECLASSIFY THE PROPERTY LOCATED AT 5123 GARTH ROAD
AND LEGALLY DESCRIBED AS TRACT "I" AND TRACT "M," BLOCK ONE
HUNDRED FORTY, UNIT "D ", ELENA FRUIT AND COTTON FARMS. A
SUBDIVTSION OUT OF THE WASHINGTON COUNTY RAILROAD SURVEY_
BAYTOWN_ HARRIS COUNTY, TEXAS, FROM NEIGHBORHOOD
CONSERVATION TO MIXED USE, PRESCRIBING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO /100 DOLLARS (52,000.00): PROVIDING A
REPEALING CLAUSE: CONTAINING A SAVINGS CLAUSE, AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, L_ W. Doyle, the owner of the property herein described, submitted an application to
amend the official zoning neap in accordance with Section 130-154 of the Code of Ordinances, Baytotivn,
Texas (the `-Code ") concerning property located at 5123 Garth Road and further described as Tract "I"
and Tract "M," Block One Hundred Forty, Unit -D." Elena Fruit and Cotton Farms a subdivision out of
the Washington County Railroad Survey_ Baytown Hari-is County, Texas, to change the zoning district
classification from Neighborhood Conservation to Mixed Use, and
WHEREAS, the Acting Director of Planning and Development Services (the "Director ")
reviewed such application and determined that the application was complete: and
WIJEREAS. the Acting Director prepared a staff report and included therein a recommendation
for approval ofthe application based upon the criteria specified in Sections 130 -158, and
WHEREAS. on March 19, 2008, the Planning and Zoning Con - mission, after the requisite notice,
conducted a public hearing concerning the proposed zoning neap amendment: and
WHEREAS, after considering the application, the staff report. the relevant support materials and
the public testimony aiven at the public hearing, the Planning and Zoning Commission prepared and
delivered a report andrecomniendation to the City Council to approve the proposed amendments based
upon the criteria in section 130 -158 of the Code; and
WHEREAS, the City Council, after the requisite notice, conducted a public hearing on the
proposed zoning neap arnendrrients: and
WHEREAS, at the close of the public hearing, after considering the applications, the staff reports,
the relevant support materials and public testimony given at the public hearing, the City Council of the
City of Baytown desires to amend the official zoning niap to change the zoning district for the Property
from a Neighborhood Conservation District to a Mixed Use District, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: The matters and findings contained in the preamble hereof are declared to be true
and correct and are hereby adopted_
Section 2: That the City Council of the City of Baytown, Texas, hereby amends the official
zoning map of the City of Baytown to effectuate a zoning district change for property located at 5123
Garth Road and legally described as Tract "F- and Tract '`11," Block One Hundred Forty, Unit "D," Elena
aud Couora Farnis a subdivision out of le Wmhkg�mn COLInty Railroad Survey, Baytown I larris County,
Texa, to reclasify the same From 'tN e i,,gh ho Mood Comen,alkii to Mixed Use. The amended portion of
than official zoning nnp is attached herelo as Exhwh -A'', and incorporated herein for all intents and
purposes.
Section 3: Any persort who nX to conilfly with any provNion of this wAkatwe shall be
uiity of as misdenieanor and, UpOF� COHNiCH011, shall be punished by as fine no[, exceeding TWO
THOtJSAND AND NO/I(A) DOLLARS 02,000MOI Each act ol"violalic'm and each day upon which sally
such viVation shall occur shall conskule u separnto allinso In addition to the penalty praciribed above,
the city may purmte other remedies such as abatonmt of nukances, iijItinctive KVQ knirdstra6ve
mijudication and rtNocatiwi of hoemes or penubs,
Section 4; /NJI ordinances or pails oC tmAkances inconsiment with the lerrils of this
arTnance are hereby repeakd: providul. lxnvc%vr, that such repeal shaH be only to We extent of such
inconsistency and in Al other reWew Ohs ordKmwc OmH be emnulative of other orinmwes mgWating
Wid governing the SLII,ljeci mailer covered [).y this ordinarice.
section 5: If any pmvisionsectiow exception, subsecitimn paragmyL swumce, clause or
phrase of this ordnatwe or the :Wplkmion of smne to any pemo�n or be so of circurnstanut shMI for any
reason be held unconstitutional, void or invaIAL such invalidity shall not affect the validity of die
remAning pruvisions of this ordinmwe or I& aMAIMOn to affil I- po'SOrIS OF SCIS Of CR-CUMStanCeS alld tO
dvis end all lwoviMans ofd's ordkwwe am declared to be s"erabk.
Sec6on 6: This ordinance slmll He e0ki 11-om ;wd after tw 10) days from hs passage by
Te Chy C'ouned. Ile City Clak is hereby, directed to give nol�cc hereof by causing the caption of this
ordinance to be Imblished in the (A-ficial ne�,,)spapa of the Chy of Baytown "al, least twice within ten (10)
days after pawage of dales ordfriance.
INTRODUCED, READ,and PASSED by Me aflnuatle
jjhk the 270 day of March, 2008. / /
APPROVED.A-STO FORN1
- - i�
city ttol
R: Cc"uncd C"'dmi-we",,s ldarch 7 7
S"FEI'ViEN
to of we CRY comwill of we CRY of'
NCARLOS, Mayor
- - — - -- Zoning Amendment Application
Public hearing concerning requests to reclassify property legally described as being a
tract of land out of Block One Hundred -forty (140), Unit "D ", ELENA FRUIT AND
COTTON FARMS, a subdivision out of the Washington County Railroad Survey in
Harris County, Texas according to the map or plat thereof of record in Volume 7, Page 48
49 of the map records of Harris County , Texas, from (NC) Neighborhood Conservation
,o District to (MU) Mixed Use District.
Au
+ v4
O
i O
S O
7 a
v�
� 0
S �
,1
JA S- "_002 -i sl
+6-5MO AC
e�
�I
IT
� � f
17C 146-2
I
DI'E3I
eo-°'
ar
3..),b60
S t:r
0'4!
I-W -2
229108
0
I'
IO
0
+c
a
7.:
I^
.o
'o