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Home My WebLink AboutPO 6700: AMENDMENT TO THE ZONING ORDINANCE, GRANTING A SPECIFIC USE PERMIT AT 3931 MARTING LUTHER KING, JR. DRIVE ur't riltu r TrAas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 11, 2018 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager From: Ronald"Ron" Burton, Assistant City Manager/ Director of Development Services RE: P.O. No. 6700—Amendment to the Zoning Ordinance of the City of Port Arthur granting a specific use permit at 3931 Martin Luther King, Jr. Drive. Introduction: The intent of this Agenda Item is to request that City Council approve a request for Specific Use Permit No. 232 [SUP #232] for approximately 1.873-acres of land consisting of Tract 81, Abstract No. 123 Dennis Gahagen Survey [A.K.A. 3931 Martin Luther King,Jr. Drive,Pleasure Island] in Port Arthur, Jefferson County, Texas. The purpose of this request is for the installation and maintenance of two (2) 16,000-gallon above-ground diesel fuel storage tanks, on-site, in a Heavy Commercial (HC) zoned district to fuel commercial (shrimping) vessels. Background: The Port Arthur City Council held a public hearing on May 8, 2018, at 9:00 a.m. There was no opposition to the proposed request. Budget Impact: Recommendation: It is recommended that City Council approve P.O. No. 6700, granting Specific Use Permit No. 232 [SUP #232] for the installation and maintenance of two (2) 16,000-gallon above ground diesel storage tanks on approximately 1.873-acres of land consisting of Tract 81, Abstract No. 123 Dennis Gahagen Survey [A.K.A. 3931 Martin Luther King, Jr. Drive, Pleasure Island] in Port Arthur, Jefferson County, Texas. "Remember,we are here to serve the Citizens of Port Arthur." P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O.NO.6700 05/11/2018 PDL PAGE 1 OF 6 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT NO. 232 (SUP #232) FOR APPROXIMATELY 1.873-ACRES OF LAND CONSISTING OF TRACT 81, ABSTRACT NO. 123 DENNIS GAHAGEN [A.K.A.3931 MARTIN LUTHER KING,JR.DRIVE,PLEASURE ISLAND], PORT ARTHUR, JEFFERSON COUNTY, TEXAS FOR THE INSTALLATION AND MAINTENANCE OF TWO (2) ABOVE-GROUND, 16,000-GALLON DIESEL FUEL STORAGE TANKS IN THE HEAVY COMMERCIAL ZONED DISTRICT(VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [82,000] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z18-03—LOT, INC.) WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance of the City of Port Arthur,Texas, including Local Government Code, Sections 211.006 and 211.007, having been fulfilled,the City Council held a public hearing on May 8, 2018 at 9:00 a.m.; and, WHEREAS, the proposed change may be protested in accordance with subsection (d) of said Section 211.006; and, WHEREAS, subsections (d) and (f) of Section 211.006 Local Government Code and Section 24-105 of the City Zoning Ordinance are applicable for the proposed change to take effect; and, WHEREAS,the above referenced statutes require the affirmative vote of three-fourths of all members of the City Council (i.e. at least six [6] members) if the proposed change is protested in writing and signed by the owners of at least 20%of either: (1)the area of the lots or land covered by the proposed change; or(2) the area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; now, therefore, P.O.NO.6700 05/11/2018 PDL PAGE 2 OF 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Specific Use Permit No.232 is granted to allow for the installation and maintenance of two (2) above-ground, 16,000-gallon diesel fuel storage tanks in the Heavy Commercial (HC) zoned district on the following tract of land: APPROXIMATELY 1.873-ACRES OF LAND CONSISTING OF TRACT 81,ABSTRACT NO. 123 DENNIS GAHAGEN SURVEY [A.K.A.3931 MARTIN LUTHER KING,JR. DRIVE, PLEASURE ISLAND], 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 Division, 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) Dollars as provided in 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.6700 05/11/2018 PDL PAGE 3 OF 6 SECTION 6. That this ordinance or its caption and penalty shall be published at least one (1)time within ten(10)days after final 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 (6 votes) is not required for the adoption of this Ordinance. READ, ADOPTED AND APPROVED this day of May A.D., 2018 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: 171a)44,-‘,.‘y0 Valecia" o, City Attorney P.O.NO.6700 05/11/2018 PDL PAGE4OF6 APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Assistant City Manager -Am 414 Anir Ronald "Ron" Burton, Assist. • ity Manager/ Director of Development S• ices P.O.NO.6700 05/11/2018 PDL PAGE 5 OF 6 Exhibit "A" l _�. tg 76 \\, :::'L a g itlii \'t 1 � a 1 4101 1 011 1 :05: i V.-----7-1)- ° '11.11112 l , t371sa �i#�•* Knee ! t E6lLEt on win v C5:CE: NUL i i i Rr N /' M at i i ---- 1:'!---- 4 Illiria-'' / D antil cozen stliari 4 + m [rt - i - ill'rl nt 84- si acnr au 1 0 umw .4,,[r, t 00e :it4 :eiriri. / 41 ! -- 1 x - C a --�� W' A at , Ei i za[srr r _ I�t ; + P.O.NO.6700 05/11/2018 PDL PAGE 6 OF 6 I Owner Information : . ,1 Site Information ProplD: 137168 -..�� te.' ^..-. ,._ 111' t N. i i • i i/ i l , .,,, :r. .,, 137181 • %, ':,r. _ L 2b38....., fr . - .,.i....0.40,,, . ,...... , i•-...,.0, I 1:11,10i, } 4041160,..' Iii lis# i • tit • • . • _ `~,, 0 aoo soo �.ffe 1 s V n CAD, T X a map is or: stelae purposes on an•ooes not represent a survey Itis proud .as rs without warranty or oMMaa 'A any representation of accuracy,timeliness or completeness The user acknowledges and accepts all inherent doe nrdl0 fdh 2018 bet bons of the maps and dab,incluwng the fact that the maps and data are dynamo and in a constant stab of maintenance correction and revision No lability 6 assumed by Jefferson County as to the accuracy of the data deneated hereon