The URL can be used to link to this page

Home My WebLink AboutPR 6764: AMENDMENT TO THE ZONING ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR AN AUTO STORAGE OR WRECKER SERVICE IN A LIGHT COMMERCIAL ZONED DISTRICT City of ort rthu � Teras www.PortArthu rTx.gov INTEROFFICE MEMORANDUM Date: March 30, 2019 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager From: Pamela D. Langford, Development Services Manager Cc: Ronald Burton, Assistant City Manager—Operations/ Director of Development Services RE: P.O. NO. 6764—Amendment to the Zoning Ordinance granting a Specific Use Permit for an Auto Storage or Wrecker Service in a Light Commercial (LC) zoned district. Introduction: The intent of this Agenda Item is to seek the City Council's approval for the amendment of Appendix A— Zoning of the Port Arthur Code of Ordinances, by granting Specific Use Permit No. 233 [SUP #233] for approximately 0.9693-acre of land consisting of Lots 6, 7 and 9, Block 16, Boulevard Terrace Addition [A.K.A. 3189 25th Street], Port Arthur, Jefferson County, Texas for the operation of an "Auto Storage or Wrecker Service"in a Light Commercial (LC) zoned district. Background: In accordance with Section 211.007 of the Texas Local Government Code, the Planning and Zoning Commission held a public hearing for this case March 18, 2019, as well as written notices were sent to each owner, before the 10th day of the public hearing, as indicated by the most recent approved municipal tax roll, or real property within 200 feet of the property on which the change in classification is proposed. The Port Arthur City Council held a public hearing on March 26, 2019 at 6:00 p.m. There was no opposition to this request. Budget Impact: None Recommendation: It is recommended that City Council approve P.O. No 6764, amending Appendix A —Zoning of the Port Arthur Code of Ordinances, by granting Specific Use Permit No. 233[SUP#233]for approximately 0.9693- acre of land consisting of Lots 6, 7 and 9, Block 16, Boulevard Terrace Addition [A.K.A. 3189 25th Street], Port Arthur, Jefferson County, Texas for the operation of an "Auto Storage or Wrecker Service" in a Light Commercial (LC) zoned district. "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.6764 0313012019 PDL PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT NO. 233 TO ALLOW THE LAND USE OF AN "AUTO STORAGE OR WRECKER SERVICE" ON 0.9693-ACRE OF LAND CONSISTING OF LOTS 6, 7 AND 9, BLOCK 16, BOULEVARD TERRACE ADDITION [A.K.A.3189 25TH STREET], CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS(VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE NOT EXCEEDING $2,000.00, AS PROVIDED IN CHAPTER 1, SECTION 1-13 OF THE CODE OF ORDINANCES,AND EACH DAY WHICH VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z19-02 (SUP#233) WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and Appendix A—Zoning of the City of Port Arthur Code of Ordinances; including Sections 211.006 and 211.007 of the Texas Local Government Code, having been fulfilled, the City Council held a public hearing March 26, 2019 at 6:00 p.m.; and, WHERERAS, it is deemed advisable that Specific Use Permit No. 233 (SUP #233) be granted to allow the land use of an "Auto Storage or Wrecker Service" in a Light Commercial (LC) zoned district on approximately 0.9693-acre of land consisting of Lots 6, 7 and 9, Block 16, Boulevard Terrace Addition [A.K.A. 3189 25th Street], Port Arthur, Jefferson County, Texas; and, WHEREAS, no "Auto Storage or Wrecker Service" shall be conducted in a Light Commercial (LC) zoned district without the granting of a Specific Use Permit (SUP) by the Port Arthur City Council to allow such land use, in accordance with Appendix A — Zoning, Section 7-100, of the Port Arthur Code of Ordinances; and, WHEREAS,in accordance with Section 211.007 of the Texas Local Government Code,the Planning and Zoning Commission held a public hearing for this case March 18, 2019, as well as written notices were P.O. NO.6764 0313012019 PDL PAGE 2 OF 7 sent to each owner, before the 10th day of the public hearing, as indicated by the most recent approved municipal tax roll, or real property within 200 feet of the property on which the change in classification is proposed. WHEREAS,the Planning and Zoning Commission recommended "Approval"of this request; and, WHEREAS, in accordance with Section 211.006(a) of the Texas Local Government Code, City Council held a public hearing for this case March 26, 2019. Official notice of the time and place of the hearing was published in the official newspaper of the City of Port Arthur before the 15th day of said hearing; and, WHEREAS, in accordance with Article IV, Section 114-127 of the Port Arthur Code of Ordinances, a storage area meeting the following criteria shall be required: (1) Must be located in the city; (2) Seven Thousand square feet of area minimum,securely fenced and/or enclosed in a building; (3)All sites for outdoor storage or disabled motor vehicles and associated auto parts shall provide a screening fence for any area within 100 feet of any public street right-of-way or any lot containing a residential use or zoned residential. Such screening fence shall be not less than six feet in height and constructed of wood, metal, concrete or other substantial material and shall be so constructed that any open space between solid material shall be a maximum of one-half inch in width, and the solid material between open spaces shall be at least four inches in width; (4) Maintained exclusively for storage of vehicles towed by wreckers operating under such permit; and (5) The storage area must comply with the applicable state law or regulation. WHEREAS, the Port Arthur City Council finds that it would be in the public interest and general welfare of the City to grant Specific Use Permit#233 to the hereinafter described property as delineated in Exhibit"A"; and, WHEREAS,the proposed change could have been protested in accordance with Section 211.006(d) of the Texas Local Government Code; and, P.O. NO.6764 0313012019 PDL PAGE 3 OF 7 WHEREAS, Section 211.006(d)(f) of the Texas Local Government Code and Section 24-105 of Appendix A—Zoning, of the Port Arthur Code of Ordinances are applicable for the proposed change to take effect; and, WHEREAS,these laws 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That Specific Use Permit No. 233(SUP#233)is granted to allow the land use of an"Auto Storage or Wrecker Service"in a Light Commercial (LC) zoned district on approximately 0.9693-acre of land described as: LOTS 6, 7 AND 9, BLOCK 16, BOULEVARD TERRACE ADDITION [A.K.A. 3189 25TH STREET] PORT ARTHUR, JEFFERSON COUNTY, TEXAS Section 2. That the Building Official and the Director of Development Services are authorized and directed to make all necessary changes to the official "Zoning Map, City of Port Arthur, Texas,"on file in the offices of Inspections and Permitting and the Planning and Zoning Divisions, 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. P.O. NO.6764 03/30/2019 PDL PAGE 4 OF 7 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 shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each day which violation is permitted to exist shall constitute a separate and distinct offense. 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 this request has not been protested according to Section 24-105 of Appendix A — Zoning of the Port Arthur Code of Ordinances or 211.006 of the Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for the adoption of this Ordinance. READ,ADOPTED AND APPROVED this day of April A.D., 2019 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 P.O. NO.6764 03/30/2019 PDL PAGE 5 OF 7 APPROVED AS TO FORM: //:rze Valecia "Val'zeno, ,ty Attorney i APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager Ronald "Ron" Burton, Assistant 6 Manager—Operations/ Director of Development Se es P.O. NO.6764 03/30/2019 PDL PAGE 6 OF 7 EXHIBIT "A" 9 s9 M IOW cn ,. 44 c•1 tb9 ? ttO `'�P 50,E moi' 442 eo it ..-6-4.. ;41- ♦ P8 • Cm cq O M �6 e4�` s y'rr �o°%� s Cha A- VI 4 - cO�. 4r% f c lo Q e �N ro op iiw o ani o P.O. NO. 6764 03/30/2019 PDL PAGE7OF7 ti ' . --?'."_,A .,:',.,.- k . . _ - xCN 411441111111111114147111111411: 11482 �T 't4-toolltilis �'t1483 �. r �G. .4 v t `x. 1 '4t' V, t /N.. , 7 i . „ 7 4' -Z...6 Nix ' " ' Vift .41k,' - s • Ike> . , • 001, .., ,, .,.., ,.:. . 441.... /y - •. x ��A J _ .,.. I L, 10898Gra co 49 0,00"1„, . �� I 1//Ifr • , 4„\sv . a J ":"....,- Atkkt - - %4� A rc. 69340,' 4 _ ,� 09343 0896 r 4 �O C! •. • f C.0 • ' -: 10896 8 _. °��'� Enter Map Title... This nsapisaumrgenaatedstatic orrtprttorn anIrtrrr tneppingskisard'abrr'eeroeortf.Damherstet Web Print:02J19J2019 appear on th s map rrey or May rot beaacura�.currerrt,or otherwise calk 0 94 ' I 1 Feet ®¢019 Sidwel I.AI I rights r served.