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Home My WebLink AboutPO 6949: AMENDMENT TO PLANNED DEVELOPMENT DISTRICT - 15 (PD 15) City of _ lei ort rtJtu�� www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 23, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Pamela D. Langford, Director of Planning & Development Services 44 RE: P.O. No. 6949 —Amendment to Planned Development District — 15 (PD- 15) Introduction: This Agenda Item intends to seek approval from the City Council for P.O. NO. 6949, amending Planned Development District — 15 (PD-15) by extending the boundary to allow for all uses associated with the Light Commercial zoned district on Lots 10 and 11, Block 35, Beachway Addition, Port Arthur, Jefferson County, Texas. The property is currently located in a Single Family (SF) zoned district. This district aims to create protected neighborhoods for single-family residences that preclude uses that would adversely affect residential areas. It is proposed to extend the Planned Development District — 15 (PD-15) boundary to include Lots 10 & 11, Block 35, Beachway Addition, for uses associated with a Light Commercial (LC) district. Light Commercial districts provide a location for general retail activities. These locations are generally along major thoroughfares and highways. Background: An application was first filed by the applicant, Jarmon Batiste, with the Planning and Zoning Commission on October 9, 2018, requesting the Zoning Amendment for the property referenced above. The Commission held a public hearing on November 19, 2018, where citizens were invited to express their support or opposition to said request. The Planning and Zoning Commission voted unanimously to recommend the zoning amendment's approval based on the discussion. Planning Staff prepared a resolution requesting a second public hearing with the Port Arthur City Council; however, the hearing was canceled due to unforeseen circumstances. The property owner re-submitted his request for consideration on December 23, 2020. The Planning and Zoning Commission's most recent public hearing for this request was held on February 1, 2021, where the Commission voted 3:0 to recommend approval. Notices were once again mailed to adjacent property owners in accordance with Chapter 212 of the Texas Local Government Code and published in the Port Arthur News Paper. On February 19, 2021, City Council approved Resolution No. 21-063, calling for a public hearing for said request. The City Secretary's Office prepared and mailed notifications for today's public hearing, as well as published public notice in the Port Arthur Newspaper on February 27, 2021. Budget Impact: None Recommendation: It is recommended that City Council approve P.O. NO. 6949, amending Planned Development District — 15 (PD-15) by extending the boundary to allow for all uses associated with the Light Commercial zoned district on Lots 10 and 11, Block 35, Beachway Addition, Port Arthur, Jefferson County, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O. NO. 6949 03/23/2021 PDL PAGE 1 OF 8 ORDINANCE NO. AN ORDINANCE AMENDING PLANNED DEVELOPMENT DISTRICT - 15 (PD-15) OF APPENDIX "A" OF ORDINANCE 89-54, AS AMENDED, ZONING ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, BY EXTENDING ITS BOUNDARY TO ALLOW FOR ALL USES ASSOCIATED WITH THE LIGHT COMMERCIAL (LC) ZONED DISTRICT ON LOTS 10 AND 11, BLOCK 35, BEACHWAY 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 CHAPTER 1, SECTION 1- 13 OF THE CODE OF ORDINANCES, AS AMENDED, BY A 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. Z21-01 (JARMON BATISTE) WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur. Texas, including the Texas Local Government Code, Sections 211,006 and 211.007, having been fulfilled, the City Council held a public hearing March 16, 2021, at 6:00 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 amendment to extend the boundary of Planned Development District - 15 (PD-15), as delineated in Exhibit "A", to allow for all uses associated with the Light Commercial (LC) zoned district on Lots 10 and 11 , Block 35, Beachway Addition, Port Arthur, Jefferson County, Texas, be approved, the City Council finds that it would be in the public interest and general welfare of the City to extend the boundary to allow for uses associated with Light Commercial (LC) zoned district of the hereinafter described property to Planned Development District - 15 (PD-15); and P.O.NO.6948 03/23/2021 PDL PAGE 2 OF 8 district of the hereinafter described property to Planned Development District - 15 (PD- 15); and WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas 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 six [6] 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, TEXAS: SECTION 1. That Planned Development District — 15 (PD-15) shall be amended, as delineated in Exhibit "B". SECTION 2. That the Building Official and Director of Development Services 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, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. P.O. NO.6948 03/23/2021 PDL PAGE 3 OF 8 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 ($2,0000.00) Dollars as provided in Section 1-8 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. READ, ADOPTED AND APPROVED this day of March, A.D., 2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Thurman Bill Bartie, Mayor P.O.NO.6948 03/23/2021 PDL PAGE 4 OF 8 ATTEST: Sherri Bellard, TMRC, City Secretary APPROVED AS TO FORM: • �A Ale Va ecia "V.I" -no, •ity L ttorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager c LClnq-1/0---(-/ Pamela D. Langford, Director of Planning & Development Services P.O. NO.6948 03/23/2021 PDL PAGE 5 OF 8 EXHIBIT "A" P.O.NO.6948 03/23/2021 PDL PAGE 6 OF 8 PLANNED DEVELOPMENT DISTRICT - 15 SECTION 1. AREA That the zoning designation of the following described tract of land be and the same is hereby zoned "PD-15", Planned Development-15 District under the provisions of Section 19: All of Block 28 and Lots 1-9, Block 35, City Addition SECTION 2 . PERMITTED USES Use regulations for the "PD-15", Planned Development-15 District permits uses as prescribed in Section 7 for: 1. All uses in the "HC", Heavy Commercial District. SECTION 3 . DEVELOPMENT STANDARDS The density, coverage, off-street parking, off-street loading, height, fence and wall, and yards shall equal or exceed the standards established for the "LC", Light Commercial District for all uses. Noise standards shall be those established for the Commercial District for all uses. A - 41 P.O. NO. 6948 03/23/2021 PDL PAGE 7 OF 8 EXHIBIT " B " P.O.NO.6948 03/23/2021 PDL PAGE 8 OF 8 Proposed Amendment PLANNED DEVELOPMENT DISTRICT-15 SECTION 1. AREA That the zoning designation of the following described tract of land be and the same is hereby zoned "PD-15", Planned Development— 15 District under the provisions of Section 19: Being all of Block 28, and Lots 1-9, Block 35, City Addition and all of Lots 10 and 11, Block 35, Beachway Addition. SECTION 2. PERMITTED USES Use regulations for the "PD-15", Planned Development— 15 District permits uses as prescribed in Section 7 for: 1. All of Block 28 shall allow for uses permitted in the "HC", Heavy Commercial District. 2. All of Lots 10 and 11, Block 35, Beachway Addition shall allow for uses permitted in the "LC" Light Commercial District. SECTION 3. DEVELOPMENT STANDARDS The density, coverage, off-street parking, off-street loading, height, fence and wall, and yards shall equal or exceed the standards established for the "LC", Light Commercial District for all uses. Noise standards shall be those established for the Commercial District for all uses.