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Home My WebLink AboutPO 6612: AMENDMENT TO THE ZONING ORDINANCE GRANTING A CHANGE FROM HEAVY COMMERCIAL (HC) TO INDUSTRIAL (I) , .,,,\. ., 1, 4 City of or! rthur Texas INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: January 31, 2017 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services RE: P.O. NO. 6612 — Amendment to the Zoning Ordinance granting a change from Heavy Commercial (HC)to Industrial (I) Nature of the request: A request is being made on behalf of Potter Construction to amend the Zoning Ordinance of the City of Port Arthur by changing the zoning from "HC" Heavy Commercial to "I" Industrial for approximately 4.336 Acres of Land consisting of Tract 1-A-B3, Block 3, Range"I", Sabine Pass, Jefferson County, Texas. The purpose of this request is to allow for the operation of an industrial wash facility on said property. The property is contiguous to the Industrial (I) zoned tract to the north which is owned by the same company. The zoning change will allow both properties to be used as an industrial wash facility. StaffAnalysis/Considerations: None Recommendation: On December 5, 2016, the Planning and Zoning Commission voted 5:0 recommending approval of this request. The Port Arthur City Council held a public hearing on Tuesday, January 17, 2017. Planning Staff received no written or verbal response in opposition regarding the proposed development prior to the January 17, 2017 public hearing. Budget Consideration: None P.O.NO.6612 01/31/2017-PDL PAGE 1 OF 8 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM HEAVY COMMERCIAL (HC) TO INDUSTRIAL (I) FOR APPROXIMATELY 4.336 ACRES OF LAND CONSISTING OF TRACT 1-A-B3, BLOCK 3, RANGE "I", SABINE PASS, 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. Z16-11 —POTTER CONSTRUCTION HEAVY COMMERCIAL (HC) TO INDUSTRIAL (I) 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,having been fulfilled,the City Council held a public hearing January 17,2017 at 9:00 A.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 Heavy Commercial (HC) to Industrial (I) 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 Industrial (I); 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 P.O.NO.6612 01/31/2017-PDL PAGE 2 OF 8 City Council (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 changes from Heavy Commercial (HC)to Industrial (I): 4.336 ACRES OF LAND CONSISTING OF TRACT 1-A-B3, BLOCK 3, RANGE "I", SABINE PASS,JEFFERSON COUNTY, TEXAS (EXHIBIT "A") SECTION 2. That the Director of Development Services and the Building Official 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 Planning and Zoning Commission and the Building Official, 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 ($2,000.00) Dollars as provided in Chapter 1, Section 1- 13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. P.O.NO.6612 01/31/2017-PDL PAGE 3 OF 8 SECTION 6. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten days after formal passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. SECTION 7. That because the proposed change to a regulation has not been protested in accordance with Section 211.006 of the Texas Local Government Code and Section 24-105 of the Zoning Ordinance, a three-fourths (3/4) majority (7 votes) is not required for the adoption of this Ordinance. READ, ADOPTED AND APPROVED this day of February, A.D. 2017, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.O.NO.6612 01/31/2017-PDL PAGE 4 OE 8 APPROV D AS TO FORM: �►v`� t I alecia" va ' 1 no, City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager , IX kr Ronald"Ron" Burton, Dire • of Development Services P.O.NO.6612 01/31/2017-PDL PAGE 5 OF 8 Exhibit "A" TRACT U 4.336 (CALLED 4.3367) ACRES OF LAND OUT OF SABINE PASS, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 4.336 (Called 4.3367) acres of land, all of Block 3, Range 1, Sabine Pass, City of Port Arthur, recorded in Volume 7, Page 29, Map Records, Jefferson County, Texas; being the same land conveyed to Beacon Maritime, Inc., recorded in File No. 2006011306, Official Public Records, Jefferson County, Texas; said 4.336 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a 5/8" steel rod found on the intersection of the Southwesterly right of way line of a dedicated road named South 1$' Avenue and the Southeasterly right of way line of a dedicated road named Mechanic Street; said 5/8" steel rod being the most Northerly corner of Block 2, Range 1; having a State Plane Coordinate of N: 113851207.58, E: 3590548.57; THENCE, South 29 deg., 09 min., 55 sec., West (Called South 32 deg., 00 min., 00 sec., West), on the Southeasterly right of way line of said Mechanic Street, a distance of 360.43' (Called 360.00') to a '/2" steel rod, capped and marked "SOUTEX", set for the POINT OF BEGINNING; said '/2" steel rod being on the intersection of the Southeasterly right of way line of said Mechanic Street and the Southwesterly right of way line of a dedicated road named South 2nd Avenue; said %2" steel rod being the most Northerly corner of the herein described tract; having a State Plane Coordinate of N: 13850893.20, E: 3590373.41; THENCE, South 60 deg., 53 min., 22 sec., East (Called South 58 deg., 00 min., 00 sec., East), on the Southwesterly right of way line of said South 2nd Avenue, a distance of 611.21' (Called 611.24) to a 1/2" steel rod, capped and marked "SOUTEX", set for the most Northerly corner of Lot 8, Block 2, Bowen and Howard Subdivision, recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas; said '/2" steel rod being the most Easterly corner of the herein described tract; THENCE, South 21 deg., 57 min., 29 sec., West (Called South 25 deg., 00 min., 00 sec., West), on the common line of said Sabine Pass and Bowen and Howard Subdivisions, a distance of 301.59' to a 'A" steel rod, capped and marked "SOtJTEX", set on the intersection of the common line of said Sabine Pass and Bowen and Howard P.O.NO.6612 01/31/2017-PDL PAGE 6 OF 8 Subdivisions and the Northeasterly right of way line of a dedicated road named South 3rd Avenue; said 1/2" steel rod being the most Southerly corner of the herein described tract; THENCE, North 60 deg., 58 min., 51 sec., West (Called North 58 deg., 00 min., 00 sec., West), on the Northeasterly right of way line of said South 3rd Avenue, a distance of 649.18' (Called 648.14) to a /2" steel rod found on the intersection of the Northeasterly right of way line of said South 3rd Avenue and the Southeasterly right of way line of said Mechanic Street; said 1/2" steel rod being the most Westerly corner of the herein described tract; THENCE, North 29 deg., 11 min., 26 sec., East (Called North 32 deg., 00 min., 00 sec., East), on the Southeasterly right of way line of said Mechanic Street, a distance of 300.28' (Called 300.00') to the POINT OF BEGINNING and containing 4.336 acres of land, more or less. This description is based on the Land Title Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on November 14, 2016. Ross Potter LS-16-0897 P.O.NO.6612 01/31/2017—PDL PAGE 7 OF 8 PONT OF BEGINNING ONT OF COMMENCING SOUTH 1ST AVENUE (mar 1-.-u) •6L•o zxn 000 (6•ROW) lSIM 6m Ma Int — E.11)r'6HMv Ma� usra6•— - sE6 S 6=12-E zCNLED 5 6090'00•11 6000. ' ) I T r R LOT II I J L z I swace.rtRI6w.w6uML aaRpanAn6R le ME T.soon A' LDT S 1 I 10970517D 0111.0 I I s _ J I 9T. — i I RC , 0_)3 ig1 - - - -- - - -+--I- --TRACo")—A—a2 —0.1 e3 4.026 ACRES t•0 2 I N ,CP$P; RC 1 I • K �� — _l I N LOT 2 I • p NM 2 F «T R0 =p_ _ ___ __ -_ _ _ J I XLOT, ERA2 '5Z5ig Ra. I I •01•Ms9n.M6•.to •603£21.• 60100 WALED 1.WOW W).ZN P Id s--r Q.1 Ai —— — Cr H y I. POR ARniul1 � RAWER TOEx SOUTH SIA AVENUE , z (eV Rola)I/wpm. <S ,� S 606372•E 611.26.(CALLED S 0090'00•E) 14 ea j COm met"a a.,( I I owo.iczmr sow ur s OT 6 KR 6 PONT OF BEGINNING 11 c'i• (1RaT 1-A 6.16 E�6DT LOT —1 I ^'1s 6O I s gi:_ s Q- - - --� I , oyO 1+ /or 6 I a iT RIM.3 e I "S — — g TRACT 1—A—B3———_ —_ _Fi— —— p.,OE,�., � — — 4.336 ACRES n a'3 I • -- ♦x • z 6 W I R 15 LOT2 r rv*S .6 I n ,� 3� Ra 6 oy LOT 1 (SLR 3 Rc'r •609631•• 6.1.10(MAWN WOW h 6a'z I a 6 61.01SOUTH 3RD AVENUE 6rtn R^a I (60 5o J 1.11/1/5110I P.O.NO.6612 01/31/2017-PDL PAGE 8 OF 8 .. # rot n .. _, Cu;ti -.i. 'IP G r , r' 98896 98892 4. 388 1 9 * # 3 48841 r .°r 11515 11515 "` 11517 t 1502 ! . *1° t my w* 11531 1 '1531 '"'507 tartiie� V 7,, • '51N yg. _ 1 0 } . ' t4 tl r. ,el I t cif h,rI u. i r za �u a- f,n 7;J eta'_ ,,. y r I ! `i � { > > hl (,--110;i110in 1 erkm(' 1 I. :C1 vi ti'-,tr Ic'. 1,ser I! nit/ Csi I tE Rt_ t,Bt^1 me M it,),J.i,Cis t rk) !t.3,ildt