Ordinance No. 10,930ORDINANCE NO. 10,930
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 EAST OF HIGHWAY 146
NORTH OF FM 1405, A 127.6412 ACRE OF LAND IN THE JACOB ARMSTRONG
SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND THE B. B. & C.
RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, AND
BEING ALL OF THAT CERTAIN TRACT 23.4590 ACRES (CALLED 23.407 ACRES
TRACT 2) AND ALL OF THAT CERTAIN 92.8172 ACRES (CALLED 92.706 ACRES
TRACT 3) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING
AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004 AND RECORDED
IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL RECORDS OF CHAMBERS
COUNTY, TEXAS; TOGETHER WITH PART OF THAT CERTAIN 250 FOOT WIDE
STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND POWER
COMPANY BY DEED RECORDED IN VOLUME 292 AT PAGE 613 OF THE DEED
RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT CERTAIN 25
FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD
BY DEED RECORDED IN VOLUME 493 AT PAGE 655 OF THE OFFICIAL
RECORDS OF CHAMBERS COUNTY, TEXAS, AND PART OF THAT CERTAIN
50-FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC
RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED
RECORDS OF CHAMBERS COUNTY, TEXAS, FROM NEIGHBORHOOD
CONSERVATION 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 east of Highway 146 north of FM 1405, a 127.6412 acre
of land in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and the B. B. & C. Railroad
Survey, Abstract 61, Chambers County, Texas, and being all of that certain tract 23.4590 acres (called
23.407 acres Tract 2) and all of that certain 92.8172 acres (called 92.706 acres Tract 3) conveyed by
David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by deed dated November 2, 2004 and
recorded in volume 735 at page 648 of the official records of Chambers County, Texas; together with part
of that certain 250 foot wide strip of land conveyed to Houston Lighting and Power Company by deed
recorded in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that certain
25 foot wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 493 at page
655 of the Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of land
conveyed to Southern Pacific Railroad by deed recorded in volume 180 at page 608 of the Deed Records
of Chambers County, Texas, to change the zoning district classification from Neighborhood
Conservation 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 June 18, 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 Neighborhood Conservation 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 east of Highway 146 north of FM 1405, a 127.6412 acre of land in the Jacob Armstrong Survey,
Abstract 2, Chambers County, Texas, and the B. B. & C. Railroad Survey, Abstract 61, Chambers
County, Texas, and being all of that certain tract 23.4590 acres (called 23.407 acres Tract 2) and all of
that certain 92.8172 acres (called 92.706 acres Tract 3) conveyed by David M. Kadjar, Trustee, to J. G.
Keeling and Sonya Keeling by deed dated November 2, 2004 and recorded in volume 735 at page 648 of
the official records of Chambers County, Texas; together with part of that certain 250 foot wide strip of
land conveyed to Houston Lighting and Power Company by deed recorded in volume 292 at page 613 of
the deed records of Chambers County, Texas; part of that certain 25 foot wide strip of land conveyed to
Southern Pacific Railroad by deed recorded in volume 493 at page 655 of the Official Records of
Chambers County, Texas, and part of that certain 50-foot wide strip of land conveyed to Southern Pacific
Railroad by deed recorded in volume 180 at page 608 of the Deed Records of Chambers County,
Texas, to reclassify the same from Neighborhood Conservation 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.
Section 3: 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 affirmative
Baytown, this the 24th day of July, 2008.
e of the City Council of the City of
ATTEST:
STEPHEN I-rnONCARLOS, May
KAYOIIE DARNELL, City Clerk\f «?
APPROVED AS TO FORM:
AC1O RAMIREZ, SR., C/tv)Altorney
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