HomeMy WebLinkAboutPO 6970: AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT NO. 238 CO):of
7r+u
www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: June 12, 2021
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Planning & Development Services gi Q.__
RE: P.O. NO. 6970 —An Ordinance amending the Zoning Ordinance of the
city of Port Arthur by granting Specific Use Permit No. 238
Introduction:
The intent of this Agenda Item is to request approval of Proposed Ordinance No. 6970,
amending Appendix A — Zoning, of the Port Arthur Code of Ordinances by granting
Specific Use Permit 238 (SUP #238), allowing the land use of a "public building, shop,
or yard of a governmental agency" in a Multiple Family(MF)zoned district. The property
is legally described as 0.1722-Acre of Land consisting of Lot 6, Block 10, Range "5"
[A.K.A. 5424 Tremont Street], Sabine Pass, Jefferson County, Texas.
Background:
An application was filed with the Planning and Zoning Commission in March 2021,
requesting a Specific Use Permit for the property referenced above. The purpose of
this request is for the development of a permanent structure to house the United States
Postal Services (USPS) operation in Sabine Pass, Texas in accordance with Appendix
A, Section 7-100 — Use of Land and Buildings. The property is currently zoned as
Multiple Family (MF) and is surrounded by properties zoned as Multiple Family (MF),
Light Commercial (LC), and Neighborhood Services (NS).
The Commission held a public hearing on May 17, 2021, where citizens were invited to
express their support or opposition to said request. The Planning and Zoning
Commission voted 4:0 recommending the zoning amendment's approval based on the
discussion.
"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
On May 11 , 2021 , City Council approved Resolution No. 21-191 calling for a second
public hearing. The City Secretary's Office prepared and mailed notifications for said
public hearing, as well as published public notice in the Port Arthur Newspaper on May
22, 2021 .
The Port Arthur City Council held a public hearing on June 8, 2021.
Budget Impact:
None
Recommendation:
It is recommended that City Council approve Proposed Ordinance No. 6970, granting
Specific Use Permit 238 (SUP #238) in a Multiple Family (MF) zoned district, to allow
the land use of a "public building, shop, or yard of a governmental agency" on
approximately 0.1722-Acre of Land consisting of Lot 6, Block 10, Range "5" [A.K.A.
5424 Tremont Street], Sabine Pass, 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.6970
06/12/2021 PDL
PAGE 1 OF 7
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT #238 TO
ALLOW THE LAND USE OF A "PUBLIC BUILDING, SHOP OR YARD OF
A GOVERNMENTAL AGENCY" ON 0.1722-ACRE OF LAND
CONSISTING OF ALL OF LOT 6, BLOCK 10, RANGE "5" [A.K.A. 5424
TREMONT STREET] SABINE PASS, JEFFERSON COUNTY, TEXAS
(VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE
GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE
NOT EXCEEDING $2,000.00, AS PROVIDED IN CHAPTER 1, SECTION
1-13 OF THE CODE OF ORDINANCES, AND EACH DAY WHICH
VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A
SEPARATE AND DISTINCT OFFENSE.); AND PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT
ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION
DATE.
Z21-03 (SUP #238) — SABINE PASS LIONS CLUB
WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and
Appendix A — Zoning of the City of Port Arthur Code of Ordinances; including Sections
211.006 and 211.007 of the Texas Local Government Code, having been fulfilled, the City
Council held a public hearing June 8, 2021, at 6:00 p.m.; and
WHEREAS, it is deemed advisable that Specific Use Permit #238 (SUP #238) be
granted to allow the land use of a "Public Building, Shop, or Yard of a Governmental
Agency" in a Multiple Family (MF) zoned district on approximately 0.1722-Acre of Land
consisting of All of Lot 6, Block 10, Range "5" [A.K.A. 5424 Tremont Avenue], Sabine
Pass, Jefferson County, Texas; and
WHEREAS, no "Public Building, Shop, or Yard of a Governmental Agency" shall
be conducted in a Multiple Family (MF) zoned district without the granting of a Specific
Use Permit (SUP) by the Port Arthur City Council to all such land use, in accordance with
Appendix A — Zoning, Section 7-100, of the Port Arthur Code of Ordinances; and
P.O.NO.6970
06/12/2021 PDL
PAGE 2 OF 7
WHEREAS, in accordance with Section 211.007 of the Texas Local Government
Code, the Planning and Zoning Commission held a public hearing for this case May 17,
2021, as well as written notices were sent to each owner, before the 10th day before the
hearing date, as indicated by the most recent approved municipal tax roll, of real property
within 200 feet of the property on which the change in classification is proposed; and
WHEREAS, the Planning and Zoning Commission recommended "Approval" of
this request; and
WHEREAS, in accordance with Section 211.006(a) of the Texas Local
Government Code, City Council held a public hearing for this case on June 8, 2021.
Official notice of the time and place of the hearing was published in the official newspaper
of the City of Port Arthur before the 15th day of said hearing; and,
WHEREAS, the Port Arthur City Council finds that it would be in the public interest
and general welfare of the City to grant Specific Use Permit #238 to the hereinafter
described property as delineated in Exhibit "A"; and
WHEREAS, the proposed change could have been protested in accordance with
Section 211,006(d) of the Texas Local Government Code; and
WHEREAS, Section 211.006(d)(f) of the Texas Local Government Code and
Section 24-105 of Appendix A-Zoning, of the Port Arthur Code of Ordinances are
applicable for the prosed change to take effect; and
WHEREAS, these laws require the affirmative vote of three-fourths of all members
of the City Council (i.e. at least six (6) members) if the proposed change is protested in
writing and signed by the owners of at least 20% of either: (1) the area of the lots or land
covered by the proposed change; or (2) the area of lots or land immediately adjoining the
P.O. NO.6970
06/12/2021 PDL
PAGE 3 OF 7
area covered by the proposed change and extending 200 feet from that area; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That Specific Use Permit No. 238 (SUP #238) is granted to allow the
land use of a "Public Building, Shop, or Yard of a Governmental Agency" in a Multiple
Family (MF) zoned district on approximately 0.1722-Acre of Land described as:
All of Lot 6, Block 10, Range "5"
[A.K.A. 5424 Tremont Avenue],
Sabine Pass, Jefferson County, Texas
Section 2. That the Building Official and the Director of Planning & Development
Services are authorized and directed to make all necessary changes to the official "Zoning
Map, City of Port Arthur, Texas," on file in the offices of Inspections and Permitting and
the Planning and Zoning Divisions, so as to reflect on said Map, the changes hereby
made in conformity with the legend of said Map.
Section 3. That 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. That all ordinances and parts of ordinances in conflict herewith are
hereby repealed, but only to the extent of such conflict.
Section 5. That any person, firm or corporation who violates any provision of this
ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding
$2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each
day which violation is permitted to exist shall constitute a separate and distinct offense.
P.O. NO.6970
06/12/2021 PDL
PAGE 4 OF 7
Section 6. That this Ordinance or its caption and penalty shall be published at
least one (1) time within ten (10) 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. That because this request has not been protested according to Section
24-105 of Appendix A— Zoning of the Port Arthur Code of Ordinances or 211.006 of the
Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for
the adoption of this Ordinance.
READ, ADOPTED AND APPROVED this day of June 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 Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.O. NO.6970
06/12/2021 PDL
PAGE 5 OF 7
APPROVED AS TO FORM:
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Mana er
4-0
Pamela D. Langford, Assistan ity Manager— Operations/
Director of Planning & Development Services
P.O. NO.6970
06/12/2021 PDL
PAGE 6 OF 7
EXHIBIT "A"
r.
1 I'S
R$93.1it
4 .
s"44, ' a,
'-ti`,4. IV�2 6 REPLAT 99128
914 4 1R -1
a
,2 g
o rP
F
�. 4 sit)
,$ ?s
gi "+► 241644
„ill, 1M�3 ?
irlis
REPLAT .-
r8
,74
t 1 ir
F 263704 ,q� grti
99245 4 '`?? `.
2
-N
39129 ♦ 4734
1 10
?4. •::,
12
99138 I -
J
` ff
Enter Map Title,.. This map isausr generated static output from anIr rretn pping siteard Nix refereroeoriy.Datafryersthat
Web Print:04J37J2021 appear on this map raw or may not be a curate,currern,or otterwi releblE
s
0 94 '
III Fit CS21:C1 SidrdI.All rig liurexried.
P.O.NO.6970
06/12/2021 PDL
PAGE 7 OF 7
, ,
•
c.L.Vi.67
1111111
4110
A
l f�fit 99126 99128 ,
16
2 644
l';t,N
t.k.
... 263704
99245 % . ,
%ii,<:_tfi, _.
:29
yy .
99 35
99138 '0•4'
Enter Map Title... This na p is a umr generated static outprt from an Irterret na pping sae a r d is br refereroe o rty.Data triers that
Web Print:04/30J2021 appear onths map may or may not be a xurat=_,currer t,or otherwis rein ble w
0 94
1 I Feet €2021 SidweB I.Al I rg h is reserved.