HomeMy WebLinkAboutPO 6614: AMENDMENT TO THE ZONING ORDINANCE GRANTING A CHANGE FROM TWO FAMILY (2F) TO LIGHT COMMERCIAL (LC) City of %.
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: March 15, 2017
To: Brian McDougal, City Manager
Mayor and City Council ,`
From: Ronald Burton, Director of Development Services ' �
RE: P.O. NO. 6614 — 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 Robert Wharton to amend the Zoning
Ordinance of the City of Port Arthur by changing the zoning from"2F"Two Family
to "LC" Light Commercial for approximately 0.1607 Acre of Land consisting of
all of Lot 7 and the North 20' of Lot 8, Block 14, Boulevard Court Addition, City
of Port Arthur, Jefferson County, Texas.
Staff Analysis/Considerations:
None
Recommendation:
On February 6, 2017, the Planning and Zoning Commission voted 4:1
recommending approval of this request.
The Port Arthur City Council is scheduled to hold a public hearing on Tuesday,
March 28, 2017 at 6:00 p.m. Planning Staff received no written or verbal response
in opposition regarding the proposed development prior to the February 6, 2017
public hearing.
Budget Consideration:
None
P.O.NO.6614
03/15/2017-PDL
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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
0.1607 ACRE OF LAND CONSISTING OF ALL OF LOT 7 AND THE
NORTH 20 FEET OF LOT 8, BLOCK 12, BOULEVARD COURT
ADDITION, 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.
Z17-01 —ROBERT WHARTON
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
211.007, having been fulfilled, the City Council held a public hearing March 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
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03/15/2017-PDL
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take effect, the affirmative vote of at least three-fourths of all members of the 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 changed from Two Family(2F)
to Light Commercial (LC);
0.1607 ACRE OF LAND CONSISTING OF
ALL OF LOT 7 AND THE NORTH 20' OF LOT 8,BLOCK 14,
BOULEVARD COURT ADDITION,
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 Chapter 1, Section
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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 March 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 F. Freeman, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.O.NO.6614
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APPROVED AS TO FORM:
:012/
Vale is"Val" Tize , City ttorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
Ronald"Ron" Burton, Directo• of Development Services
P.O.NO.6614
•
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Exhibit
P.O.NO.6614
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