HomeMy WebLinkAboutPO 5882: Z08-09 (RILEY) - ZONING ORDINANCE AMENDMENT;,.
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INTEROFFICE MEMORANDUM
To: STEVE FITZGIBBONS, CITY MANAGER
Fttort: DALE L. WATSON, DIRECTOR OF PLANNING ~~
susJECr: P.O. NO. 5882 -ZONING ORDINANCE AMENDMENT (RTT FIB
DATE: 04/28/08
RECOMMENDATION:
The Planning and Zoning Commission recommend that Proposed Ordinance No. 5882 be
approved. This Ordinance would create a Planned Development District which would
.allow the current two family uses and the auto parking:
BACKGROUND:
The applicant requested to rezone this property to Light Commercial for a storage
building and pazking to support a business located in the Light Commercial District
fronting on Hwy. 365. The Planning and Zoning Commission recommended that a
Planned Development District be created that only permit those additional uses as
requested.
BUDGETARY/FISCAL EFFECT:.
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5882
be approved.
1
P.o. No. s8s2
04/28!08 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY CREATING PLANNED
DEVELOPMENT DISTRICT-26 (PD-26) ON LOT 7, BLOCK 12,
MONTROSE 1, PORT ARTHUR, JEFFERSON COUNTY, TEXAS
(VIOLATION OF THIS ORDINANCE OR THE ZONING
ORDINANCE OF THE CTI'Y 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 IlVIlVIEDIATELY
AFTER PUBLICATION DATE.
(ZOS-09)
RII.EY
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 April 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 approved, the City Council finds thatit-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
effect, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least
P.O. N0.5882
04/28/08
Page 2 of 4
seven [7J 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 TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the zoning designation on the following tract of land located in the City of
Port Arthur, Jefferson County, Texas be and the same is changed from the Single Family District
to Planned Development 26 (PD-26) District:
LOTS 7, BLOCK 12
MONTROSE 1 ADDITION
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE NORTH SIDE
EAST SIDE OF TEXAS AVE.
EXHIBIT "A.,
SECTION 2. PERMITTED USES
Use regulations for Planned Development - 26 District shall:
a. Permit all uses in the Two Family Zoning District
b. Specifically permit the construction of storage wazehouse.
a Specifically permit the construction of a motor vehicle parking lot.
SECTION 3. DEVELOPMENT STANDARDS
a. Pazking lot access shall only be permitted from Hwy 365.
b: The coverage, off-street pazking and yazds for residential uses shall comply with the
standards established for the Single Family, "SF" District.
c. The off-street pazking, height and yazds for non-residential uses shall comply with the
standazds established for that use in the Light Commercial "LC", District.
SECTION 4. 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.
P.O. N0.5882
04/28/08
Page 3 of 4
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 separate, 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 aze hereby repealed,
but only to the extent of such conflict.
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 1-13 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 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 9. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7)
votes aze not required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of May 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:
P.O. N0.5882
04/28/08
Page 4 of 4
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
CTTYATTORNEY QDN bC~huk-~ ~}
APPROVED FOR ADMINISTRATION:
CITY MANAGER
D CTOR OF PLANNING
,,
..
EXHIBIT "A"
LOCATION: 421-429 Riley Street
LEGAL. DESCRIPTION: Rezoning of West''/z of lot 7 & East
of lot 7, Blk. 12, Montrose 1, City Of Port Arthur, Jefferson
County Texas.
North
APPLICANT: Richard Daley
APPLICANTS MAILING ADDRESS: 6555 Jade Ave.
PORT ARTHUR, TX 77640
PROPOSED CHANGE FROM
Two (2) Family Residential
To
Light Commercial
PROPOSED USE: PARKING LOT & Storage Facility
APPROXIMATE AREA: Located on Riley Street East of Texas Ave. &
South of Hwy 365.
LEGEND
Boundaries of
Proposed Change
Zoning Case No.
Z08-09
Scale:
Not to scale