Ord 2024-4001_SCUP 2024-0002_ Alcohol Sales_Garden of Eden

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ORDINANCE NO.2024-4001 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 2024-0002, AN AMENDMENT TO SCUP 20- 91000002, TO ALLOW ALCOHOL SALES AT THE EXISTING FLORAL SHOP AND TEAROOM, LOCATED AT 10515 SPENCER HIGHWAY, IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 0.75- ACRE TRACT OF LAND LEGALLY DESCRIBED AS A PORTION OF LOTS 3 & 4, AND PORTION OF TRACT 5, BLOCK 2, PAYNE W J SURVEY, LA PORTE, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 2024-0002 attached hereto as Exhibit A and incorporated by reference for all purposes, an amendment to SCUP 20-91000002, to allow alcohol sales at the existing floral shop and tearoom located at 10515 Spencer Highway, in a Planned Unit Development (PUD) zoning district, on a 0.75-acre tract of land legally described as a portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J Survey, La Porte, Texas. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within three hundred feet (300') of the properties under consideration.