HomeMy WebLinkAboutPO 5859: Z08-02 (T-MOBILE) - ZONING ORDINANCE AMENDMENT
INTEROFFICE MEMORANDUM
ro: STEVE FITZGIBBONS, CITY MANAGER .
FxotK: DALE L WATSON, DIRECTOR OF PLANNING ~ ~'U
suslECr: P.O. NO. 5859- ZONING ORDINANCE AD4ENDMENT
Z08-02 (T-MOBILE)
DATE: 03~17~08
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5859
be approved. This Ordinance would approve a Specific ~ Use Permit for a
Communications tower at 1145 Houston Ave.
BACKGROUND:
The applicant is proposing to locate a 160 foot cell phone tower at this location. The
proposed tower meets all of the setback requirements of the Ordinance.
BUDGETARY/FISCAL EFFECT:
None -
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5859
be approved.
{-
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P.O. N0.5859
03/14/08 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC
USE PERMIT FOR A COMMUNICATIONS TOWER ON LOT 2,
BLOCK 15, CITY ADDITION, 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 OFFICLAL
NEWSPAPER OF THE CITY OF PORT ARTHUR AND
EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE.
(Z08-02 T-MOBILE)
1145 HOUSTON AVE
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 approved, 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. N0.5859
03/14/08 ,
Page 2 of 4
seven [7] members) if the proposed change is protested in accordance with said subsection (d) or
the City's Planhing 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 L That Specific Use Permit No. 202 be granted for the Communications Tower
use in the Light Commercial; "LC", District on the following tract of land:
LOT 2, BLOCK 15,
CITY OF PORT ARTHUR ADDITION
PORT ARTHUR;
1EFFERSON COUNTY, TEXAS =
LOCATED ON THE WEST SIDE OF HOUSTON AVE.
SOUTH OF THOMAS BLVD.
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 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, 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} Dollazs as provided in. Section I-13 of the Code of
P.O. NO: 5859
03/14/08
Page 3 of 4
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 not apply, seven (7)
votes aze required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of Ivlazch A.D, 2008 at a Regulaz
Meeting of the City Council of the City of Port Arthur, Texas by the followRng votes: AYES:
COUNCILMEMBERS
NOES:
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
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CITY ATTO Y ~'np
~~~~ b P l~ G'^~I"
P.O. N0.5859
03/14/08
Page 4 of 4
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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D CTOR OF PL ING -
EXHIBIT "A"
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LOCATION:
1145 HOUSTON AVE.
LEGAL DESCRIPTION:
LOT 2 Blk. 15, CITY OF PORT ARTHUR,.
JEFFERSON COUNTY, TEXAS.
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North
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APPLICANT:
T-MOBILE WEST CORPORATION
APPLICANTS MAILING ADDRESS: 2 Greenway Plaza #100
Houston, Texas 77046
PROPOSED SPECIFIC USE PERMIT FOR:
Communications Tower
PROPOSED USE: 160' Monopole
APPROXIMATE AREA: Located on Houston Avenue South of Thomas
Blvd..
LEGEND
Boundaries of
Proposed Change
Zoning Case No.
Z08-02
Scale:
Not to scale