Ordinance No. 10,929ORDINANCE NO. 10,929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO
RECLASSIFY CERTAIN TRACTS OF LAND LOCATED ON HIGHWAY 146 AND
HIGHWAY 99 NEAR LEE DRIVE, LEGALLY DESCRIBED AS TR 40, TRS 27A 28A
& 29C, ABSTRACT 840, H. WHITING SURVEY, AND TR 8C, TRS 9A-1, 9D &
9F TR 10, TR 9H, PART OF TRACTS 9C, TRS 10A, 10B, 12A, 13A, AND 14A, TR
15A, TR 4, TR 16, TR 15, TR 14, TR 13, TR 12, TR 11, TR 9A-2, .125 U/D INT IN TR
3, ABSTRACT 65, W. SCOTT SURVEY, BAYTOWN, HARRIS COUNTY, TEXAS ,
FROM MIXED USE TO LIGHT INDUSTRIAL; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, the City Manager of the City of Baytown submitted an application to amend the
official zoning map in accordance with Section 130-154 of the Code of Ordinances, Baytown, Texas (the
"Code") concerning certain tracts of land located on Highway 146 and Highway 99 near Lee Drive,
legally described as TRS 27A 28A & 29C, Abstract 840, H. Whiting Survey, and TR 8C, TRS 9A-1, 9D
and 9F, TR 10, TR 9H, Part of Tracts 9C, TRS 10A, 10B, 12A, 13A, and 14A, TR 15A, TR 4, TR 16, TR
15, TR 14, TR 13, TR 12, TR 11, TR 9A-2, .125 U/D INT IN TR 3, Abstract 65, W. Scott Survey,
Baytown, Harris County, Texas, to change the zoning district classification from Mixed Use to Light
Industrial; and
WHEREAS, the Director of Planning and Development Services (the "Director") reviewed such
application and determined that the application was complete; and
WHEREAS, the Director prepared a staff report and included therein a recommendation for
approval of the application based upon the criteria specified in Sections 130-158; and
WHEREAS, on July 16, 2008, the Planning and Zoning Commission, after the requisite notice,
conducted a public hearing concerning the proposed zoning map amendment; and
WHEREAS, after considering the application, the staff report, the relevant support materials and
the public testimony given at the public hearing, the Planning and Zoning Commission prepared and
delivered a report and recommendation 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 map amendments; 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 map to change the zoning district for the Property
from a Mixed Use District to a Light Industrial 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 certain tracts of land located
on Highway 146 and Highway 99 near Lee Drive, legally described as TR 40, TRS 27 A 28A & 29C,
Abstract 840, H. Whitina Survey, and TR 8C, TRS 9A-1, 9D and 9F, TR 10, TR 9H, Part of Tracts 9C,
TRS10A, 10B, 12A, 13A, and 14A, TR 15A, TR4, TR 16, TR 15, TR 14, TR 13, TR 12, TR 11, TR 9A-
2, .125 V/D INT IN TR 3, Abstract 65, W. Scott Survey, Baytown, Harris County, Texas, to reclassify the
same from Mixed Use to Light Industrial. The amended portion of the official zoning map is attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section3: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 4: 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 5: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the 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 6: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirm^pve vote of the City Council of the City of
Baytown, this the 24th day of July, 2008.
I<^\YT(HIE DARNELL, City Clerk\|
APPROVED AS TO FORM;
EPHEN H. DONCARLOS. Mayor
RAMIREZ, SR., City
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PROPOSED LIGHT INDUSTRIAL ZONING DISTRICT
PROPOSED LI ZONING DISTRICT
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Exhibit "A"