HomeMy WebLinkAboutPO 5861: Z08-04 (BISHUNDAT) - ZONING ORDINANCE AMENDMENTINTEROFFICE MEMORANDUM
To: STEVE FITZGIBBONS, CITY MANAGER
exoat: DALE L. WATSON, DIRECTOR OF PLANNING ~-ti t,J
suslECr: P.O. NO. 5861- ZONING ORDINAI`'CE AMENDMENT
Z08-04 (BISHUNDAT)
DATE 03/17/08.
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5861
be denied. This Ordinance would rezone the property at 6717 West Port Arthur Road
from Light Commercial to Heavy Commercial.
BACKGROUND:
The applicant is proposing to rezone this property to permit the storage of dump trucks.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5861
be denied.
1
P.O. N0.58b1
.. 03/14/08 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY REZONING A TRACT OF
LAND OUT OF AND PART OF LOT 9, BLOCK 1, PORT ACRES
FROM LIGHT COMMERCIAL TO HEAVY COMMERCIAL,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS FROM
INDUSTRIAI. TO SINGLE FAMILY RESIDENTLAI.,
(VIOLATION OF THIS ORDINANCE OR THE ZONING
ORDINANCE OF THE CITY OF PORT ARTHUR IS
PUNISHABLE. AS PROVH)ED 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.
(Z08-04 BISHUNDAT) ,
WEST PORT ARTHUR ROAD
WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance,. of the
City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007,
having been fulfilled, the City Council held a public hearing Mazch 11, 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 welfaze 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
P.O. N0.5861
03/14/08
Page 2 of 4
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 on the following tract of land is hereby changed from the Light
Commercial, "LC" district to the Heavy Commercial, "HC" district:
A TRACT OF LAND OUT OF AND PART OF
LOT 9, BLOCK 1, PORT ACRES
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE SOUTHWEST CORNER
OF WEST PORT ARTHUR ROAD --
EXHIBIT "A"
SECTION 2. That the Building Official and the Duector of Planning aze authorized and
duetted 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. 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. All ordinances and parts of ordinances in conflict herewith are hereby repealed,
but only to the extent of such conflict.
SECTION 5. Any person, fum 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
P.O. N0.5861
03/14/08
Page 3 of 4
exceeding Two Thousand ($2,000.00) 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 sepazate
offense.
SEG PION 6. This Ordinance or its caption and penalty shall be 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 7. Because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes aze
required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of Mazch, 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. N0.5861
03/14/08
Page 4 of 4
APPROVED AS TO FORM:
v ~L.C / _
CITY ATTORi ~ /~ . /.n 0,~ „/ )
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PL G`
EX~IIBIT "A"
LOCATION: 6717 West Port Arthur Rd 816721 West Port
Arthur Rd. & 2406 67"' Street .
LEGAL DESCRIPTION: Lot 9, Blk: 1,Trk 6, Center 67.6
Facing W. Port Arthur Rd, Lot 9, Blk. 1, Trk. 5 Facing 67th St.,
Lot 9, Blk. 1, 134.61 x234.3x28.83x194.33 Facing W Port
Arthur Rd., Port Acres, City of Port Arthur, Jefferson County,
Texas
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APPLICANT:
JUMAN & TARAMATTIE BISHUNDAT
APPLICANTS MAILING ADDRESS
6721 WEST PORT ARTHUR RD
PORT ARTHUR, TX 77640
PROPOSED CHANGE FROM
LIGHT COMMERCIAL
To
HEAVY COMMERCIAL
PROPOSED USE: PARKING LOT FOR DUMP TRUCKS
LEGEND
Boundaries of
Proposed Change
Zoning Case No.
208-04
Scale:
Not to scale
APPROXIMATE AREA: Located on West Port Arthur Rd. and on the
corner of 67th Street and West Port Arthur Rd.