HomeMy WebLinkAboutPO 6562: AMENDMENT TO THE ZONING ORDINANCE GRANTING A CHANGE FROM TWO FAMILY TO LIGHT COMMERCIAL (OLIVE PACKING COMPANY) Ciryof
ort rthur
INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: June 30, 2016
To: Brian McDougal, City Manager
Mayor and City Council
From: Ronald Burton, Director of Development Services
RE: P.O. NO. 6562 - Amendment to the Zoning Ordinance granting
a change from Two Family (2F) to Light Commercial (LC)
Nature of the request:
A request is being made on behalf of the Olive Packing Company, Inc. to amend
the Zoning Ordinance of the City of Port Arthur by changing the zoning from
"2F" Two Family to "LC" Light Commercial for 0.5625 Acre Tract or Parcel of
Land out of and part of Lot 4, Block 3, Range "G", Port Arthur Land Company
Subdivision, Vol. 1, Page 22, Map Records, City of Port Arthur, Jefferson County,
Texas.
Staff Analysis/Considerations:
None
Recommendation:
On May 16, 2016, the Planning and Zoning Commission voted 4:1
recommending approval of this request.
The Port Arthur City Council held a public hearing on Tuesday, June 28, 2016.
Planning Staff received no written or verbal response in opposition regarding the
proposed development prior to the June 28, 2016 public hearing.
Budget Consideration:
None
P.O.NO.6562
06/30/2016-PDL
PAGE 1 OF 7
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
PORT ARTHUR BY CHANGING THE ZONING FROM TWO FAMILY (2F) TO
LIGHT COMMERCIAL (LC) FOR APPROXIMATELY 0.5625 ACRE TRACT OR
PARCEL OF LAND OUT OF AND PART OF LOT 4, BLOCK 3, RANGE "G",
PORT ARTHUR LAND COMPANY SUBDIVISION, VOLUME 1, PAGE 22, MAP
RECORDS, 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.
Z16-06 — OLIVE PACKING COMPANY, INC.
TWO FAMILY (2F) 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 21 1.007, having been fulfilled, the City Council held a public hearing June 28, 2016 at
6:00 P.M.; and,
WHEREAS, the proposed change has not 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 Two Family (2F) to Light Commercial (LC) be
approved, the City Council finds that it would be in the public interest and general welfare of
the City to change the Zoning designation of the hereinafter described property to Light
Commercial (LC); 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
P.O.NO.6562
06/30/2016-PDL
PAGE 2 OF 9
(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 Two Family
(2F) to Light Commercial (LC);
0.5625 ACRE TRACT OR PARCEL OF LAND OUT OF
AND PART OF LOT 4, BLOCK 3, RANGE "G",
PORT ARTHUR LAND COMPANY SUBDIVISION,
VOLUME 1, PAGE 22, MAP RECORDS
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
(EXHIBIT "A")
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
P.O.NO.6562
06/30/2016-PDL
PAGE 3 OF 9
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 the proposed change to a regulation has not been protested in
accordance with Section 211.006 of the Texas Local Government Code and Section 24-105 of
the Zoning Ordinance, a three-fourths (3/4) majority (7 votes) is not required for the adoption
of 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
P.O.NO.6562
06/30/2016-PDL
PAGE 4 OF 9
APPROVED AS TO FORM:
n '
GlX )/12---•
Valecia "Val" izeno, y Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
Ronald "Ron" Burton, Director o' Development Services
P.O.NO.6562
06/30/2016-PDL
PAGE 5OF9
Exhibit "A"
Legal Description: 0.5625 Acre Tract or Parcel of Land
Out of and Part of Lot 4,Block 3,Range G
Map of the Lands of the Port Arthur Land Co.
Volume 1,Page 22,Map Records
Jefferson County,Texas
BEING a 0.5625 acre tract or parcel of land being out of and part of Lot 4,Block 3,Range G of
the Map of the Lands of the Port Arthur Land Co., a subdivision of Jefferson County, Texas,
according to the plat thereof recorded in Volume 1, Page 22, Map Records, Jefferson County,
Texas and being all of that certain tract of land as described in "Warranty Deed" from Jean
Gwendolyn Wharton to Linda Suanne Wharton as recorded in Clerk's File No. 2008013367,
Official Public Records of Real Property, Jefferson County, Texas, said 0.5625 acre tract being
more particularly described as follows:
NOTE. All bearings are referenced to the Northwesterly line of the said Wharton tract as
NORTH 41°13'00" EAST as recorded in the above referenced Clerk's File No.
2008013367, Official Public Records of Real Property, Jefferson County, Texas. All set
5/8"iron rods set with caps stamped"M.W. Whiteley&Associates".
BEGINNING at a 3/4"iron rod found for the most Northerly corner of the tract herein described,
said corner also being the common corner of Lots 3,4,5 and 6,Block 3,Range G of the said Map
of the Lands of the Port Arthur Land Co.and said corner being the most Easterly corner of that
certain called 2.552 acre tract of land as described in a "Special Warranty Deed with Vendor's
Lien" from KT Foods Real Estate LLC to KT Holdings, Inc. as recorded in Clerk's File No.
2013014967, Official Public Records of Real Property,Jefferson County,Texas,being the most
Southerly corner of that certain called 3.661 acre tract, identified as Tract 1, as described in a
"Special Warranty Deed" from the Housing Authority of the City of Port Arthur,Texas to O.W.
Collins Apartments, LP as recorded in Clerk's File No. 2005024714,Official Public Records of
Real Property,Jefferson County,Texas and being the most Westerly corner of that certain tract of
land as described in a "General Warranty Deed" from Deysi Cardenas to Jose G. Oseguera and
wife, Leticia Oseguera as recorded in Clerk's File No. 2013038136, Official Public Records of
Real Property,Jefferson County,Texas;
THENCE SOUTH 48°47'00" EAST, along and with the boundary between the tract herein
described and the said Oseguera tract,the same being the common line between the said Lots 3
and 4, for a distance of 81.67 feet to a point for corner(unable to find or set corner due to fence
post and concrete),said corner also being the most Northerly corner of that certain tract of land as
described in a "Warranty Deed" from Velma Katheline Gossage to Nelson David Edgerly and
wife, Shirley Ann Edgerly as recorded in Film Code No. 104-58-1609,Official Public Records of
Real Property,Jefferson County,Texas and from said corner a chain link fence post bears NORTH
17"09'59" EAST a distance of 0.65 feet;
EXHIBIT"A"
Page I of 2
MARK W.WHITELEY&ASSOCIATES.INC.
P.O.NO.6562
06/30/2016-PDL
PAGE 6 OF 9
THENCE SOUTH 41013'00" WEST, along and with the boundary between the tract herein
described and the said Edgerly tract and that certain tract of land as described in a "General
Warranty Deed" from Eva G. Johnson Hicks to Keith A. Daws, Sr. and wife, Madeleine Karol
Daws as recorded in Clerk's File No. 2002046065, Official Public Records of Real Property,
Jefferson County,Texas,for a distance of 300.00 feet to a 5/8"iron rod set for corner,said corner
being the most Westerly corner of the said Daws tract and in the Northeasterly right-of-way line
of Sabine Avenue;
THENCE NORTH 48°47'00" WEST, along and with the Northeasterly right-of-way line of
Sabine Avenue, for a distance of 81.67 feet to a 5/8" iron rod set for corner, said corner being in
the Southeasterly line of the said 2.552 acre KT Holdings,Inc.tract and being an exterior ell corner
of the Northeasterly right-of-way Sabine Avenue and said corner bears NORTH 41°13'00"EAST
a distance of 4.82 feet from a 1" iron pipe found for the most Southerly corner of the said 2.552
acre KT Holdings, Inc.tract;
THENCE NORTH 41°13'00" EAST, along and with the boundary between the tract herein
described and the said 2.552 acre KT Holdings,Inc.tract,the same being the common line between
the said Lots 4 and 5,for a distance of 300.00 feet to the POINT OF BEGINNING and containing
0.5625 Acres,more or less.
W\201 4116.101116-398m&b don(
EXHIBIT"A"
Page 2 oft
MARK W WHITEL EY A.4 SSOCIATES.INC.
P.O.NO.6562
06/30/2016-PDL
PAGE 7 OF 9
LieDoraled be FOXR PDF Crcatu SFC,%It Software
011p?Avow ToI*b ktweere town For ev9Wa6011 only
6
CALLED
i bO611 ACRES 1.0„e, 3o F G.
E UERAlet ue
se
- 0.W.MUMS APARTMENTS.IP DPM CALCULATED CORNER 5c,
F M0.CO .00502471 -11
tau.s464root e1.6rj x� 01 RlER Wal OIIE TO .9�F
DPILIC I T FND$t8"4200"E 81.62 POST AND CONCRETE �,
C Aw IJNK FENCE POST �'\ '70•
� -__ROAN
N77'p65C"E O85' \\\.
, POB i
FWD 3/4"
I.R011 FENCE oe
ae94_ PROPERTY UNE
I
$ LAS 5 i t.pt a
11
NELSDN DAM OGER.r,e
t u.
a 9Gi 15 no. t •BHP
PILK1NEC, ps
rgi I sNN2tW of 114
Pp t12
' t RVpL
ag_ 4Ms�
e z
E W Rg$ FRO 0.5625ACRES S
A
- w I ry
UDASUNNE/MARTON
$ g t g r
6 NO 510BOt336' i
Q Ss roar p Er-1 �.
S $$
< CALLED 2.552 MITES p..o Y : r
4� I ft KT HOLDINGS,INC ;18
9 Z i
i g Cr N0.2013014967
2,....V< a
.....1
"I,'.'... a+--' 7oJ
�' C t. Kt115 e, DANS.SR..el
0`�$J'Q .,Lr ski _ 25-1K_- 2D.J - <F no 033048065 us
ih5'I TTS ES OWJC
•
Yt am
gli ,I / / T oe�
a1 us I r 166
g a 20
VND•l t FRAME
i IC ti RESoacE
$ I 125' {866 "
Lie'
4 3ej .1
STT 548.0 .F R�N
App 1 I SET 5/8'
END 1441 1306E 4A2'- I 1100 - ---- -
- 1440 N48"4200"99 VAT••• ,:• 106) 1' (ct u 10404'00'W ar.-
aY -.04 ,.n. II I pPC . :,4 -r..— -Id—
TO E We/WADERS AND 110E OWNERS or TIE PREINSES SURVEYED SABINE AVENUE
711 1448 SAOnE AVENUE
Yon To THE Arc NATIONAL T155 NSt/RANCE cav4NY PORT ARTHUR.Tx ne.2
0.5625/ere Tract 0'Parcel of Lora
THE UNDERSIGNED(ROES IINNSY CLR4)10 THAT THIS SURVEY Out of and Port of Lot a,Reek 3.Ranga G
WAS nos DAY*ADE 0/L THE(mono or PIC PROPERTY Map of the lands of The Pat AHhor land Co
LEGALLY OE51013ED NFREON AFI0 6 CORRECT-.MO EXW I1 91" vat..I.PPP 2Z6404464
MAT THERE ARE NO()IMP/NOES.COW KIS.SHORTAGES REFER TO EXHIBIT'A' Jefferson asREFER
IN AREA BOUNDARY LANE CONFLICTS,FNCRO9CMIENT5, FOR LICK DESCRIPTION Omer.KT HaH09.0 loc..a Nee York Corppc400
OVER-LAPPING OF.MPROVEMENTS,EASEMENTS OR
RIOHTS-OE-WAY QCEPT AS SHOWN HEREON.NFD THAT SAO Connie'65.00
$ t7413 NAS ACCESS TO ANO FROM A CEDIa1TD ROADWAY. N accordance*1lh the Flood Award
ALL EASEMENTS SNDWN AMD NOTED PER TEXAS REGIONAL TITLE Boundary Rao Department of'Inane
G.F.M0. 20287-M14ra team Oeedopment.
MIE 9UR40400 MARCH 30.2018 a Community No.495499
'tom l5LE.pF'-.-/-' Panty No 0035 l
`g''* 1° . Fide a row
76 This property ie e Zane-It
.�� / / TNOWS S.ROWF AcieLocation map on not
r scale 1. on woo.
("i//(-1/ ''b 5728 A<1 a1 1:.M a Lp t aa.m ed.
01r',w'r Nark W Wtilele, a Assactotes Oros not
_,,'L6..,[551„"{ r warren/nor utbecroe to toe«ceras w tame
THOMAS S RD -REG431ElE0 PRCEES e y.t..•....5778 a Sok'nap Z
o
MARK N.TFHET4.LEg' zone'6'are onto,c«...n)0 31 a the I W yea.
AND ASSOCIATES P a BOX 54ro ore 500-yep flood;or certain areas subject to
.......4irmis....
9EAVYON i. 100- T-13.0 oT IOC Zone Tap Bits oro reee le tts of Hese than th
INCORPORATED
*De-rN2-Oat
one(I)root or wipe the eomneulvy aanoge
area Es Haas than one aquae rile; r�
Ca *GfA[aF5SURVSYGNS, AND *�
IMO��MY
Pottected 6y braes from the Soso fluxing. 00
09PLa-PAW MG lalgeTw 9EAVYOIR. 11W3 231* krfeur.w.•wen a...ore ftc
..
(IA10 400-(112-13•0 ,... oviern h
W:\2016\16.398\16 3981:MAKIN ^r A� �^ a�44••+••
P.O.NO.6562
06/30/2016-PDL
PAGE 8OF9
I - ..
w, Y
t e
��
J ` 4
t
S .
i 0,k 4,,,.=e .•"' '' .' i GrR)
P }.
. e;
y' i r
Ic, a
-...., .J ,‘, i /...
JI
i
a'
. :0,.
c_ r :4f.1111 ! -^` _ ,A.-- _ .. _ .,
• 238940. :.4 .
IIGJ :1 -.5;'''''', )
: f 4
k '4.. . -
-or:- ',• W f4-• ' 1X�95 " �,.
.,,,, .
Ni
444777 {:'l %• •
,. ':K : .,
N.... .9 -
_. , .1.4.
.,:,:.
•.,
a .� t
es'
.t!' t F ::ti nn] .
06
,,1472,--;:, %; - -'- -. Jw
;,...„4„" c(4" . ,,,... :_.
-" .,-, —,,..,. .
...,
..„ e • _
44.A.,„1:•, • , A._ h:4",... 1
�,c.. ' . . g.
.
- mil
g
i
P.O.NO.6562
06/30/2016-PDL
PAGE 9 OF 9
-4
1
I i ,
' 111
1
11
! I I I #i _ ' F.-
I
{ i
i
I
__ ..---.____-.__w..
ffi
I
1
1 !
4 I
i