HomeMy WebLinkAboutPO 6561: AMENDMENT TO ZONING ORDINANCE GRANTING A CHANGE FROM SINGLE FAMILY AND MULTIPLE FAMILY TO LIGHT COMMERCIAL (PALOMAR ADDITION) knrn ..:I
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: June 30, 2016
To: Brian McDougal, City Manager
Mayor and City Council
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From: Ronald Burton, Director of Development Services
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RE: P.O. NO. 6561 - Amendment to the Zoning Ordinance granting
a change from Single Family (SF) and Multiple Family (MF) to
Light Commercial (LC)
Nature of the request:
A request is being made on behalf of Blaze Holdings, LLC to amend the Zoning
Ordinance of the City of Port Arthur by changing the zoning from "SF" Single
Family and Multiple Family (MF) to "LC" Light Commercial for a 22.57 acre tract
or parcel of land, being all of Lots 10-25, Block 27, a portion of Blocks 25 and
26, and all of Blocks 14, 15, and 16 of the Palomar Addition, Section One, City
of Port Arthur, Jefferson County, Texas.
Staff Analysis/Considerations:
None
Recommendation:
On March 21, 2016, the Planning and Zoning Commission voted 4:0 in
opposition of this request, with one member abstaining.
The Port Arthur City Council held a public hearing on Tuesday, June 28, 2016.
Planning Staff received a petition of protest, signed by 11 residents owning
and/or representing 28 properties within the 200 ft. radius of the subject
property.
In accordance with Section 21 1.006, subsections (d) and (f) of Texas Local
Government Code and Section 24-105 of the City Zoning Ordinance, If a
proposed change to a regulation or boundary is protested, the proposed change
must receive, in order to take effect, the affirmative vote of at least three-fourths
(i.e., at least seven [7] members) of all members of governing body (i.e. City
Council) or to overrule a recommendation of the municipality's zoning
commission that a proposed change to a regulation or boundary be denied.
Budget Consideration:
None
"Remember we are here to serve the Citizens of Port Arthur"
P.O.BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743
P.O.NO.6561
06/30/2016-PDL
PAGE 1 OF 10
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
PORT ARTHUR BY CHANGING THE ZONING FROM SINGLE FAMILY (SF)
AND MULTIPLE FAMILY (MF) TO LIGHT COMMERCIAL (LC) FOR A 22.57
ACRE TRACT OR PARCEL OF LAND, BEING ALL OF LOTS 10-25, BLOCK 27,
A PORTION OF BLOCKS 25 AND 26, AND ALL OF BLOCKS 14, 15, AND 16
OR THE PALOMAR ADDITION, SECTION ONE, CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS (VIOLATION OF THIS ORDINANCE OR THE
ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS
PROVIDED IN CHAPTER 1, SECTION 1-13 OF THE CODE OF ORDINANCES,
AS AMENDED, BY A FINE NOT EXCEEDING TWO THOUSAND [$2,000.00]
DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY
AFTER PUBLICATION DATE.
Z16-03 — BLAZE HOLDINGS, LLC
SINGLE FAMILY (SF) AND MULTIPLE FAMILY (MF) TO
LIGHT COMMERCIAL (LC)
WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of
the City of Port Arthur, Texas, including the Texas Local Government Code, Sections 211.006
and 211.007 (attached as Exhibit "A"), having been fulfilled, the City Council held a public
hearing June 28, 2016 at 6:00 P.M.; and,
WHEREAS, the proposed change has been protested in accordance with subsection (d) of
said Section 211.006; and,
WHEREAS, having received and considered the recommendation of the Planning and Zoning
Commission that the proposed change from Single Family (SF) and Multiple Family (MF) to
Light Commercial (LC) be denied in accordance with subsection (f) of said Section 211.006;
and,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas Local Government
Code, Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change
to take effect, the affirmative vote of at least three-fourths of all members of the City Council
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(i.e., at least seven [7] members) if the proposed change is protested in accordance with said
subsection (d) or the City's Planning and Zoning Commission recommends that the proposed
change to a regulation or boundary be denied; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the zoning for the following tract of land be changed from Single Family
(SF) and Multiple Family (MF) to Light Commercial (LC):
22.57 ACRE TRACT OR PARCEL OF LAND,
BEING ALL OF LOTS 10-25, BLOCK 27,
A PORTION OF BLOCKS 25 AND 26, AND
ALL OF BLOCKS 14, 15, AND 16 OF THE
PALOMAR ADDITION, SECTION ONE
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
(EXHIBIT "B")
SECTION 2. That the Building Official and the Director of Development Services are
authorized and directed to make all necessary changes to the "Zoning Map, City of Port Arthur,
Texas", on file in the offices of the Building Official and the Planning and Zoning Commission,
so as to reflect on said Map, the changes hereby made in conformity with the legend of said
Map.
SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions hereof.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 5. That any person, firm or corporation who violates any provision of this
Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be
punished by a fine not exceeding Two Thousand ($2,000.00) Dollars as provided in
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Chapter 1, Section 1-13 of the Code of Ordinances, and each day such violation shall be
permitted to exist shall constitute a separate offense.
SECTION 6. That this Ordinance or its caption and penalty shall be published at least one
(1) time within ten days after formal passage hereof in the official newspaper of the City of Port
Arthur. This Ordinance shall take effect immediately after the date of such publication.
SECTION 7. That because Section 24-105 of the Zoning Ordinance does apply, seven (7)
votes are required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of July A.D. 2016, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
Noes:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
k3L
Valecia "Val 'es ., Ci ( • t orney
P.O.NO.6561
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APPROVED FOR ADMINISTRATION:
Brian McDougal, City Mana:er
Ronald "Ron" Burton, Dir9Q r of Development Services
P.O.NO.6561
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Exhibit "A"
LOCAL GOVERNMENT CODE CHAPTER 211.MUNICIPAL ZONING AUTHORITY
district, the governing body may regulate the erection, construction,
reconstruction, alteration, repair, or use of buildings, other structures, or
land.
(b) Zoning re •.Mations must be uniform for each class or kind of building
in a district, but the regulations may vary from district to district. The
regulations shall he adopted with reasonable consideration, among other things,
for the character of each district and its peculiar suitability for particular
uses, with a view of conserving the value of buildings and encouraging the most
appropriate use of land in the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. eff. Sept. 1, 1987.
Sec. 211.006. PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND
DISTRICT BOUNDARIES. (a) The governing body of a municipality wishing to
exercise the authority relating to zoning regulations and zoning district
boundaries shall establish procedures for adopting and enforcing the
regulations and boundaries. A regulation or boundary is not effective until
after a public hearing on the matter at which parties in interest and citizens
have an opportunity to he heard. Before the 15th dav before the date of the
hearing, notice of the time and place of the hearing must be published in an
official newspaper or a newspaper of general circulation in the municipality.
(b) In addition to the notice required by Subsection (a) , a general-law
municipality that does not have a zoning commission shall give notice of a
proposed change in a zoning classification to each property owner who would be
entitled to notice under Section 211.007(c) if the municipality had a zoning
commission. That notice must be given in the same manner as required for
notice to property owners under Section 211.007 (c) . The governing body may not
adopt the proposed change until after the 30th day after the date the notice
required by this subsection is given.
(c) If the governing body of a home-rule municipality conducts a hearing
under Subsection (a) , the governing body may, by a two-thirds vote, prescribe
the type of notice to be given of the time and place of the public hearing.
Notice requirements prescribed under this subsection are in addition to the
publication of notice required by Subsection (a) .
(d) If a proposed change to a regulation or boundary is protested in
accordance with this subsection, the proposed change must receive, in order to
take effect, the affirmative vote of at least three-fourths of all members of
the governing body. The protest must be written and signed by the owners of at
least 20 percent of either:
(1) the area of the lots or land covered by the proposed change; or
(I) the area of the lots or land immediately adjoining the area
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LOC AL GO\FRAME T CODE C HAPTER:11.MUNICIPAL ZON O AUTHORITY
covered by the p__r_:sed change and extending 200 feet from that area.
(e) In computing the percentage of land area under Subsection (d), the
area :f streets and alleys shall be included.
(f) The governing body by ordinance may provide that the affirmative vote
of at least three-fourths of all its members is required to overrule a
recommendation of the municipality's zoning commission that a proposed change
to a regulation or boundary be denied.
Acts 1987, 70th Leg., ch. 149, Sec. eff. Sept. 1, 1987.
Sec. 211.:; . ZONING COMMISSION. (a) To exercise the powers authorized
by this subchapter, the governing body of a home-rule municipality shall, and
the governing body of a general-law municipality may, appoint a zoning
commission. The commission shall recommend boundaries for the original zoning
districts and appropriate zoning regulations for each district. if the
municipality has a municipal planning commission at the time of implementation
of this subchapter, the governing body may appoint that commission to serve as
the zoning commission.
(b) The zoning commission shall make a preliminary report and hold public
hearings on that report before submitting a final report to the governing body.
The governing body may not hold a public hearing until it receives the final
report of the zoning commission unless the governing body by ordinance provides
that a public hearing is to be held, after the notice required by Section
211.006(a) , jointly with a public hearing required to be held by the zoning
commission. In either case, the governing body may not take action on the
matter until it receives the final report of the zoning commission.
(c) Before the __th day before the hearing date, written notice of each
public hearing before the zoning commission on a proposed change in a zoning
classification shall be sent to each owner, as indicated by the most recently
approved municipal tax roll, of real property within 200 feet of the property
on which the change in classification is proposed. The notice may be served by
its deposit in the municipality, properly addressed with postage paid, in the
United States mail. If the property within 200 feet of the property on which
the change is proposed _s located in territory annexed to the municipality and
is not included on the m_so recently approved municipal tax roll, the notice
shall be given in the manner provided by Section 211.006(a) .
(c-1) Before the 10th day before the hearing date, written notice of each
public hearing before the zoning commission on a proposed change in a zoning
classification affecting residential or multifamily zoning shall be sent to
each school district in which the property for which the change in
classification is proposed is located. The notice may be served by its deposit
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LOC AL GOVERNMENT CODE CHAPTER 211.MUNICIPAL ZONING AUTHOFITY
in the municipality, properly addressed with postage paid, in the United States
mail.
(c-I) Subsection (c-1) does not apply to a municipality the majority of
which is located in a county with a population of 100,000 or less, except that
such a municipality must give notice under Subsection (c-1) to a school
district that has territory in the municipality and requests the notice. For
purposes of this subsection, if a school district makes a request for notice
under Subsection (c-_) , the municipality must give notice of each public
hearing held following the request unless the school district requests that no
further notices under Subsection (c-1) be given to the school district.
(d) The governing body of a home-rule municipality may, by a two-thirds
vote, prescribe the type of notice to be given of the time and place of a
public hearing held jointly by the governing body and the zoning commission.
If notice requirements are prescribed under this subsection, the notice
requirements prescribed by Subsections (b) and (c) and by Section 211.006(a) do
not apply.
(e) If a general-law municipality exercises zoning authority without the
appointment of a zoning commission, any reference in a law to a municipal
zoning commission or planning commission means the governing body of the
municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 640 (H.B. 674) , Sec. 1, eff. September _,
_013.
Sec. 211.0075. COMPLIANCE WITH OPEN MEETINGS LAW. A board or commission
established by an ordinance or resolution adopted by the governing body of a
municipality to assist the governing body in developing an initial
comprehensive zoning plan or initial zoning regulations for the municipality,
or a committee of the board or commission that includes one or more members of
the board or commission, is subject to Chapter 551, Government Code, regardless
of whether the board, commission, or committee has rulemaking or quasi-judicial
powers or functions only in an advisory capacity.
Added by Acts 1993, 73rd Leg., ch. 381, Sec. 1, eff. Aug. 30, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995.
Sec. 211.008. BOARD OF ADJUSTMENT. (a) The governing body of a
municipality may provide for the appointment of a board of adjustment. Tn the
regulations adopted under this subchapter, the governing body may authorize the
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