HomeMy WebLinkAboutPO 5860: Z08-03 (FAYYAZ) - ZONING ORDINANCE AMENDMENTINTEROFFICE MEMORANDUM
To: STEVE FITZGIBBONS, CITY MANAGER
FxoM: DALE L. WATSON, DIRECTOR OF PLANNING ~-L
suslECr: P.O. NO. 5860- ZONING ORDINANCE AMENDMENT
Z08-03 (FAYYAZ)
DATE: 03~17~0$
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5860
be denied. This Ordinance would rezone the property at 6711 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. 5860
be denied.
ro -
1
P.O. N0.5860
03/14/08 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY REZONING TRACT 4
OUT OF AND PART OF LOT 9, BLOCK I, PORT ACRES FROM
LIGHT COMMERCIAL TO HEAVY COMMERCIAL, PORT
ARTHUR; JEFFERSON COUNTY, TEXAS FROM INDUSTRIAL
TO SINGLE FAMILY RESIDENTIAL, (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 dMMEDIATELY AFTER
PUBLICATION DATE.
' (Z08-03 FAYYAZ) .
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 Govemment Code, Sections 211.006 and 211.007;
having been fulfilled, the City Council held a public hearing March 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
_...a.-- _ _ .._ .
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:
TRACT 4 OUT OF AND. PART OF'
LOT 9, BLOCK 1, PORT ACRES
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE WEST SIDE OF WEST PORT
ARTHUR ROAD NORTH OF 66TH STREET
EXHIBIT "A"
SECTION 2. That the Building Official and the Director of Planning aze 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. 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 4. All ordinances and parts of ordinances in conflict herewith aze hereby repealed,
but only to the extent of such conflict.
SECTION 5. Any person, firm or corporation who violates any provision of this Ordinance or
I 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) Dollazs as provided in Section I-13 of the Code of
Ordinances, and each day such violation shall be permitted to exist shall constitute a sepazate
offense.
SECTION 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 March,. A.D., 2008 at a Regular
Meeting of the City Council. of the City of Port Arthur, Texas by the following votes: AYES:
MA
COUNCILMEMBERS -
NOES:
ATTEST:
MAYOR
CITY SECRETARY
APPROVED. AS TO FORM:
CITYATTO Y (ON ~~~~~ Q~,)
P.O. N0.5861
03!14!08
Page 4 of 4
APPROVED FOR ADMINISTRATION:
CITY MANAGER
~,~, ~ ~/~
DIRECTOR OF PLANNING
EXHIBIT "A"
LOCATION: _ `
6711 WEST PORT ARTHUR RD.
LEGAL DESCRIPTION:
LOT 9 BLK. 1, TRK 4, PORT ACRES, CENTER 112.8
FACING WEST PORT ARTHUR RD., CITY OF PORT
ARTHUR, JEFFERSON COUNTY
North
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APPLICANT:
AHMED & SHAISTA FAYYAZ
APPLICANTS MAILING ADDRESS: 2397 66T" STREET
PORT ARTHUR, TX 77640
PROPOSED CHANGE FROM
LIGHT COMMERCIAL
. To .
HEAVY COMMERCIAL
PROPOSED USE: PARKING LOT FOR DUMP TRUCKS
APPROXIMATE AREA: Located on West Port Arthur Rd. West of 661h
Street. ~ ~ •
LEGEND
Boundaries of
Proposed Change
Zoning Case No.
Z08-03
Scale:
Not to scale