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Home My WebLink AboutPO 5303: REZONING (GARCEE)INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATI~: STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING ;~,L~2 P.O. NO. 5303 - ZONING ORDINANCE AMENDMENT Z02-02 (GARCEE) RECOMMENDATION: The Planning and Zoning Commission recommends that the property he rezoned from Single Family Residential to Light Commercial. However, based on the comments from the City Council at the public hearing and during the discussion at the last meeting Proposed Ordinance No. 5303 has been dm~ed changing the zoning to Neighborhood Service. BACKGROUND: The applicant proposes to locate a Family Dollar Store on West Port Arthur Road. To do so requires that the property included in this zoning request he changed to permit commercial uses. Since the property is surrounded by Light Commercial on three sides, the Planning and Zoning Commission recommended that the property he rezoned to Light Commercial. The Council expressed some concern with some of the uses, which could potentially locate in the Light Commercial zone. At the City Council meeting of Novemher 12, 2002, I presented a report answering some of the questions raised at the public hearing and offering the alternative of rezoning the property to Neighborhood Service. This zoning district appeared to address the concerns relating to some of the uses permitted in the Light Commercial District that the Council had raised. I have discussed this with Mr. Garcee and he is in agreement. The Planning and Zoning Commission at its meeting on Monday, September 23, 2002 recommended that this request be approved. They felt that the proposed Light Commercial zoning was appropriate for this area as any development of this site would face West Port A~ur Road. .I BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: Proposed Ordinance No. 5303 would rezone the property on the north side of 63~ Street 215 west of West Port Arthur Road from Single Family Residential to Neighborhood Service. 2 P.O. NO. 5303 11/21/02 DLW ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING ON THE SOUTHNVEST CORNER OF LOT 9, BLOCK 4, PORT ACRES, PORT ARTHUR, JEFFERSON COUNTY, TEXAS FROM SINGLE FAMILY Rg-~IDENTIAL TO NEIGHBORHOOD SERVICE (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 152,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z02-02 GARCEE) WHEREAS, all the requit~aa~ents of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, inclu~n4 the Local Government Code, Sections 211.006 and 211.007, having been fulfilled, the City Council held a public hearing October 29, 2002 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 he approved, the City Council finds that it would he in the public interest and general welfare of the City to change the Zoning designation of the hereinai~er 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. 5303 11/20/02 Page 2 of 4 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 ORI)AINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1, That the zoning designation on the foliowin~ descn'bed Iract of land located in the City of Port Arthur, Texas be and the same is changed fi'om Single Family; "SF" to Neighborhood Service; "NS" A TRACT OF LAND (150X195) OUT OF THE SOUTHWEST CORNER OF LOT 9, BLOCK 4, PORT ACRES, PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED ON THE NORTH SIDE OF 63m STREET 215 FEET WEST OF WEST PORT ARTHUR RD. EXHIBIT "A" SECTION 2. 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 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, d~'mct, 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 P.O. NO. 5303 11/20/02 Page 3 of 4 exceeding Two Thousand ($2,000.00) Dollars as provided in Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. This Ordinance or its caption and penalty shall be published at least one (1) time within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. SECTION 7. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes are not required to adopt this Ordinance. REAl), ADOPTED AND APPROVED this __ day of November, A.D., 2002 at a Regular Meeting of the City Council of the City of Port Arth~, Texas by the following votes: AYES: MAYOR COUNCILMEIVlBERS NOES: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY MAYOR P.O. NO. 5303 11120/'02 Page 4 of 4 APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING NOTZCE OF PUBLI~C HEARZNG ZONING DISTRICT CHANGE LXnlDl~ "A" P.0.5303 THE PtANNING AND ZONING COMMISSION, ~ OF PORT ARTl~UR WILL HOLD A PUBUC H~RING ON MONDAY, SEPTEMBER 23, 2002 , AT 5:30 PM IN THE COUNCIL CHAMBERS, FIFTH FLOOR OF ~ HALL~ 444 FOUR~ ~RE~, PORT ARTHUR, T~S, TO CONSIDER A REQU~ FOR A CHANGE IN ZONING DI~I~ AS HER~NA~ER D~IBED. ~ Y~ RECORDS SHOW YOU AS ~E OWNER OF R~L PROPER~ ~HIN ~O HUNDRED ~ THEREOF. ~E A~ON OF ~E PlaNNiNG AND ZONING COHHISSION IS A RECOMMENDA~ON ONLY. ~NAL A~ON TO G~ OR DENY A CHANGE IN ZONING BE G~EN FULL OPPOR~N~ TO BE ff~RO. IF ADD,ZONAL INFOR~A~ON IS DE~IRED~ PL~SE CONTA~ THE P~NNING DEPART~IENTAT(409) 98~-8~E LOCA~ON: 63RD STREET, 215' WEST OF WEST PORT ARTHUR ROAD 195' x 150' · NORTH ¸95 LO] 10 ;-17 LOT APPLICANT: SPENCER B. GARCEE APPL$CANT$ MAI~NG ADDRESS: 3010 OZARK AVENUE PORT ARTHUR TX 77640 PROPOSED CHANGE FROM: SINGLE FAMILY (SF) TO: LIGHT COMMERCIAL (LC) PROPOSED USE: RETAIL STORE APPROXIMATE AREA: LOCATED ON THE WEST SIDE OF 63RD STREET APPROXIMATELY 215' WEST OF WEST PORT ARTHUR ROAD LEGEND BOUNDARIES OF PROPOSED CHANGE ZONING CASE # Z- 02-02 SCALE: NTS