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HomeMy WebLinkAboutO-2015-3570 amend Ch 106-change from split R-1 and GC to exclusively GC;southeast corner of Spencer Highway and Canada Road ORDINANCE NO. X15'36 ) AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM SPLIT LOW DENSITY RESIDENTIAL (R-1) AND GENERAL COMMERICAL (GC) TO EXCLUSIVELY GENERAL COMMERCIAL (GC), FOR A 1.6611 ACRE TRACT OF LAND HEREIN DESCRIBED;MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;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 changing the zoning classification of the following described property, to wit: 1.6611 acres of land located near. the intersection of Canada Road and Spencer Highway, in the William Jones Survey, Abstract 482, City of LaPorte, and more particularly described by metes and bounds description attached hereto as Exhibit A and incorporated by reference for all purposes,from split Low Density Residential (R- 1) and General Commercial (GC) classifications,to exclusively General Commercial (GC). Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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 two hundred feet (2007) of the properties under consideration in compliance with code provisions. Section 6. 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 7. This Ordinance shall be effective upon its passage and approval of this Ordinance, this Ordinance shall become null and void. PASSED AND APPROVED this the qday of , 2015. TY OF LA PORTE By: Louis R gby,Mayor ATTEST: �J atA�- auk, atrice Fogarty, C' ecret APPROVED: Clark T.Askins,Assistant City Attorney 2 Legal Description: 1.6611 Acres 72,356 Sq.Ft. Being 1.6611 acres of land in the William Jones Survey Abstract No.482,City of La Porte,Harris County,Texas, being all of the called 1.7288 acre tract of land as described in deed to SARD Enterprises,Inc.as recorded in Harris County Clerk's File Number 20110256783,less a 0.068 Judgment to the City of La Porte,Texas recorded in Harris County Clerk's File Number Y861690,and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 iron rod with"Atkinson 5897"cap set at the intersection of the south right of way of Spencer Highway(width 100 feet)with the east right of way of Canada road(width varies)being the northeast corner of Reserve"B" dedicated to the City of La Porte to widen Canada Road shown by plat recorded in Film Code 419137 of the Harris County Map Records„said iron rod also being the northwest corner of Lot 1 as shown by plat of Texaco at Canada Subdivision recorded in Film Code 419137 of the Harris County Map Records; THENCE N.86059'03"E. 195.00 feet along the south right of way of said Spencer Highway(width 100 feet),to a 5/8 iron rod with"Atkinson 5897"cap set marking the northwest corner of said 1.7288 acres and also marking the PLACE OF BEGINNING; THENCE N.86059'03"E. 151.63 feet continuing along the south right of way of said Spencer Highway(width 100'),to a 5/8 iron rod with"Atkinson 5897"cap set for corner at the intersection of the south right of way line of Spencer Highway and the west boundary of a 55 foot fee strip described to Harris County Flood Control District in Harris County Clerk's File Number P302406; THENCE S.09028'1511W.340.02 feet to a 5/8 iron rod with"Atkinson 5897"cap set for corner,a 5/8 inch iron rod with H.G.Smith Cap found bears 5.89°59'57"W.5.39 feet,said set iron rod also the northeast corner of the called"Lot 6"as described to Fred Anthony in Harris County Clerk's File Number P430065; THENCE S.87007'34"W.361.41 feet to a 1 inch iron pipe found in the east right of way of said Canada Road (width varies); THENCE N.15039'57"E. 138.38 feet along the east right of way of said Canada Road(width varies),to a 5/8 iron rod with"Atkinson 5897"cap set marking the northeast corner of a called 0.068 acres conveyed to City of La Porte in Harris County Clerk's File Number Y861690; THENCE N.86059'03"E.passing a 5/8 iron rod with"Atkinson 5897"cap set at 45.00 feet marking the southwest corner of said Lot 1,and continuing in all 240.00 feet to a 1/2 inch iron rod found for corner; THENCE N.03018'42"W.200.00 feet,to the PLACE OF BEGINNING. EXHIBIT A