HomeMy WebLinkAboutPO 6569: REPEALING ORDINANCE NO. 13-32 AS IT PERTAINS TO THE CHANGING OF THE ZONING FROM TWO-FAMILY TO PLANNED DEVELOPMENT DISTRICT NO. 36 (REQUESTED BY COUNCILMEMBER LEWIS) P. O. No. 6569
07/20/16 vrt/gt
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 13-32 AS IT
PERTAINS TO THE CHANGING OF THE ZONING FROM TWO-FAMILY
RESIDENTIAL (2F) TO PLANNED DEVELOPMENT DISTRICT NO. 36
(PD-36) FOR A 15.25 ACRE TRACT OF LAND OUT OF THE LAMBERT
ADDITION SUBDIVISION, VOLUME 5, PAGE 28, M.R.J.C., CITY OF
PORT ARTHUR, JEFFERSON COUNTY, TEXAS, BEING Z13-04
(REQUESTED BY COUNCILM EMBER LEWIS)
WHEREAS, on March 19, 2013, the Port Arthur Independent School District applied
to the City to rezone 15.245 acres of land to Multi-family; and
WHEREAS, on April 15, 2013, the Planning and Zoning Commission heard Zoning
Case Z13-04 to consider the zoning district change for the 15.245 acres of land from Two-
Family (2F) to Multiple-Family (MF); and
WHEREAS, the Planning and Zoning Commission made a final report to the City
Council recommending the zoning change from Two-Family to Multiple-Family (MF); and
WHEREAS, the City Council held a public hearing on the proposed zoning change
from Two-Family (2F) to Multiple-Family (MF) on May 28, 2013; and
WHEREAS, at the public hearing the city received written and signed protests from
the owners of land immediately adjoining the area covered by the proposed change; and
WHEREAS, on July 9, 2013, the City adopted Proposed Ordinance No. 6322, which
became Ordinance No. 13-32, changing the zoning of the 15.245 acres of land from Two-
family residential (2F) to Planned Development District No. 36 (PD-36); and
WHEREAS, Two-Family Residential (2F) development is allowable in a Planned
Development District; and
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WHEREAS, the property has been developed in accordance with the City's Two-
Family Residential (2F) zoning regulations; and
WHEREAS, the City has given notice to the owner of the 15.245 acre tract that the
City Council proposes to find that the Ordinance No. 13-32 should be repealed;
WHEREAS, the City Council finds that Ordinance No. 13-32 should be repealed and
that the property should remain designated as Two-Family Residential (2F).
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct and
are incorporated herein for all purposes.
Section 2. That Ordinance No. 13-32 is hereby repealed.
Section 3. That the Building Official and the Director of Planning 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 that the 15.245 acre tract that is
the subject of this ordinance be designated as Two-Family Residential (2F).
Section 4. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstance shall for any reason
be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of
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Port Arthur, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,
whether there be one or more parts.
Section 5. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed; but, only to the extent of such conflict.
Section 6. That a copy of the caption of this Ordinance shall be spread upon the
Minutes of the City Council and published in the official newspaper of the City.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2016, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor:
Councilmember:
NOES: .
DERRICK FREEMAN, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
\1iI -�_
VAL TIZENO, CITY ATT•40
APPROVED AS TO ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
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