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Home My WebLink AboutO-2023-3916AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 2.92-ACRE TRACT OF LAND LOCATED ALONG S. 2Nn STREET AND S. 3Rn STREET BETWEEN W. FAIRMONT PARKWAY AND I STREET; AND LEGALLY DESCRIBED AS LOTS 23-32, BLOCK 177 AND LOTS 1-11, 21-32, AND THE NORTHERN 10 FEET OF LOT 12, BLOCK 178, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FROM GENERAL COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on December 15, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1), following lawful publication of the notice of said public hearing; and WHEREAS, on December 15, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and l Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1) be approved; and WHEREAS, on January 23, 2023, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R- 1); and WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas, concerning public notices, hearings and other procedural matters have been fully met; and WHEREAS, the City Council desires that the request to rezone a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described as Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1) be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit a 2.92- acre tract of land located along S. 2nd Street and S. 3rd Street between W. Fairmont Parkway and I Street and legally described Lots 23-32, Block 177 and Lots 1-11, 21-32, and the northern 10 feet of Lot 12, Block 178, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Low Density Residential (R-1). 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. 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 5. 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 6. 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 two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 7. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 9. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this, the 23"d day of JANUARY 2023. CITY OF APPROVED: PORTE, TEXAS Clark Askins, Assistant City Attorney pr LA; r�. 4) M o M c = s o c R3 V AD L. C N N v Q N sn .a °' " d a a m a n c E N O p w ° ro to _ L— Z c N C K L L H C Q ~ d O D D i m e a t— M W rq Co a+ ro i l y a a 0 c ro ma I I Z ul 0Ow��ro�E t QZ LL.CL ad'c °' c DZ is. e m MCA 7A, _F7. - - — - cm no 1 y S( LAE cr uo cn we i ; tl� a. i 1 d i ;.: •r . �i : 1:.��- � �i aR: f �y � � - �..1 •„ `'i 1,1 � � � (e _ • . GOV mww Ir ^1. 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