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Home My WebLink AboutPO 5838: Z07-07 TOTAL - ZONING ORDINANCE AMENDMENT INTEROFFICE MEMORANDUM zo: STEVE FITZGIBBONS, CITY MANAGER ~ / Fxont: DALE L. WATSON, DIRECTOR OF PLANNING '(S~ t,/ susJECr: P.O. NO. 5838 -ZONING ORDINANCE AMENDMENT Z07-07 (TOTAL) DATE: 01/22/08 RECOMMENDATION: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5838 be denied. This Ordinance would create a planned development district on 145 acres of land for use as a lay-down yard, assembly and equipment storage. BACKGROUND: The applicant is proposing to utilize this property for the above uses. fora period of approximately 3 yeazs. They aze proposing several measures to reduce the impact on neighboring azeas. The ordinance as proposed creates a planned development district with these measures included as required. The Planning and Zoning Commission has recommended that this request be denied. As a result of this recommendation, it will take 7 affirmative votes to approve. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None 5iIMMARY: The Planning and Zoning Commission recommends that Proposed Ordinance No.' 5838 be denied. 1 yW ,yl 4 ~ A ~ ~ 4_{ bt d~N V~ f ~f i[ ~ ~ ~.1 ~~~ ~ ~ it YY.) 1 ~ ~ a ,. ~r _ ., 1 NHIN~IN aM^~INHNNNNNNNIN • °. ' .. ... . . ..,.r. ..,. .,,.. 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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT-26 ON AN APPROXIMATE 145.71 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 1-8, BLOCK 4, RANGE "B" AND LOTS 1-3, BLOCK 5, RANGE "B", PALCO, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (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 [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z07-07 TOTAL) WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Local Govemment Code, Sections 211.006 and 211.007, having been fulfilled; the City Council held a public hearing January 15, 2008 at 7:00 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 be denied, 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; and, WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 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 City Council (i.e., at least P.O. NO.5838 01/22/08 Page 2 of 6 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; WHEREAS, the City Council can create a Planned Development District where the provision of screening walls, open space and planting would create a protective transition between a lessor and more restrictive use; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Planned Development District No. 26; "PD-26" is hereby created on the following tract of land: AN APPROXIMATE 145.71 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 1-8, BLOCK 4, RANGE "B" -AND LOTS 1-3, BLOCK 5, RANGE "B", PALCO PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED ON THE WEST SIDE OF HWY 366 NORTH OF Ii~'VY 87!73 EXHIBIT "A" SECTION 2. USE REGULATIONS Use regulations for the "PD-26", Planned Development 26 District shall permit uses as prescribed in the Use Schedules, Section 7 of the Zoning Ordinance, City of Port Arthur, Texas for: A. -All uses in the "SF", Single Family District by right. B. Specifically permit alay-down yazd and equipment storage at the locations shown on the attached Exhibit "A", subject to the following Development Standards. P.O. N0.5838 01/22/08 Page 3 of 6 SECTION 3. DEVELOPMENT STANDARDS A. General Development Standazds 1. The coverage, off-street parking, height and yards shall comply with the standards established for the "SF", Single Family District for all residential uses unless authorized or specified herein or on a site development plan approved by the Planning and Zoning Commission 2. The coverage, off-street parking, height and yards shall comply with the standards established for the "LC", Light Commercial District unless authorized on a site development plan approved by the Planning and Zoning Commission, subject to the Special Development Standards. B. Special Development Standards 1. The use of the property as a lay-down yard shall not exceed three (3) yeazs from the date of commencement of that use but in no case shall that use be permitted to continue operation past five (5) yeazs from the date of this Ordinance. Existing activities (parking, temporary office space, building material and equipment storage) shall not expand and shall not be permitted to continue past five (5) years from the date of this Ordinance. 2. That all assembly activities must be conducted within the lay-down yard no further than 350 feet from the Hwy 366 right-of--way. 3. All access to any non-residential use shall be from Hwy 366. 4. That prior to the commencement of any industrial activity on the property an earthen berm, a minimum of eight (8) feet in height (above natural ground), shall be constructed along the western boundary of this Planned Development with a centerline P.O. N0.5838 01/22/08 Page 4 of 6 ,. at a minimum distance of 50 feet from the private property to the west. This berm shall have a minimum side-slope of 4:1. All slopes shall be seeded to prevent erosion.. 5. Drainage shall be provided so as not to increase any flow of water onto adjacent property. 6. A solid screening fence, a minimum of eight (8) feet in height shall be placed. on top of the berm, with a vegetative screen of pampas grass or similar plant material every 10 feet or less. 7. All security and other lighting shall be directed so as to not shine into residential areas. 8. All work shall be conducted during daylight hours. 9. No hazazdous materials shall be stored on site. 10. Every attempt shall be made to reduce the use of any area on the ~vestem portion of the properh for any non-residential activity. SECTION. 4. 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, the changes hereby made in conformity with the legend of said Map. SECTION 5. 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 sepazate, distinct, and independent provision and such holding. shall not. affect the validity of the remaining portions hereof. SECTION 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict P.O. N0.5838 01/22/08 Page S of 6 SECTION 7. 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 Section I-13 of the Code of Ordinances, and each day such violation shall be permitted. to exist shall constitute a separate offense. SECTION 8. This Ordinance or its caption and penalty shaltbe published at least one (1) time within ten 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 9. Because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes are required to adopt this Ordinance. READ, ADOPTED AND APPROVED this day of Januazy, A.D., 2008 at a Regulaz Meeting of the City Council of the City of Port Arthur,. Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: ATTEST: MAYOR CITY SECRETARY P.O. N0.5838 olnzios Page 6 of 6 APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER ,, r ~- DIRECTO F PLANNING EXHIBIT "A" i ' - ~ ` - _ - _ - i-- ~ I i v < ' ' v'.ivi>Lzniz-.'~ I j-j-~~7rT' az" 7~rvi \ ; ~ ~ II mow,. i~ a ~~ ~ '~: Ea~~ J ~'ji _. ~ ~~ ~'I a a~ ) I : ~ . : . a a~~ ~ jj:, ___ ~ ~ i - .. i~~ ._q,~l ~ iL II ~ ~~ %~ i --- e~~ ~ ~ ~~~; '. -1 ~ E6 ~!ie I~, _. -j I ~ ii a ~ . s° ~I Ii% i.5 d:®.:~ I 3 ~~ I ~ I:~~. ~ ~~ s , a 3 ~ ;-vms~.-. f~l. : as ~ I ; , N I Ig ~ n I : i - t %. I ~ Irv ws r - ~~ r~~ -- --"--. I v. 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