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Home My WebLink AboutPO 6971: CHANGING THE ZONING ON APPROXIMATELY 2.754-ACRES OF LAND IN MODEL ADDITION NO. 2 ��++ En n City of r Ciro t 111"1 I"1/I 1/ ,..:7: 7 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 Development Services l-a2 RE: P.O. NO. 6971 — An ordinance changing the zoning on approximately 2.754-Acres of Land in Model Addition No. 2. Introduction: This agenda item intends to seek City Council's approval of P.O. NO. 6971, changing the zoning from Two Family (2F) to Light Commercial (LC) on approximately 2.754- Acres of Land consisting of Lots 9, 17, and part of a right-of-way of the abandoned Interurban Railway (referred to as Lots 9A and 17-A), Block 511 , Model Addition No. 2, Port Arthur, Jefferson County, Texas. Background: The applicant, Ayman, LLC, filed an application with the Planning and Zoning Commission in April 2021, requesting a Zoning Change for the property referenced above. The purpose of the request is to allow for the construction of a commercial strip center with tenant space for leasing and a convenient store with fueling station, in accordance with Appendix A, Section 7-100 — Use of Land and Buildings. The property is currently zoned as Two Family (2F) and is surrounded by properties zoned as Two Family (2F) and Light Commercial (LC). 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. 21-192 calling for a second public hearing. 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 May 22, 2021 . The Port Arthur City Council held a public hearing regarding the proposed change on June 8, 2021 . Budget Impact: None Recommendation: It is recommended that City Council approve P.O. NO. 6971 , changing the zoning on approximately 2.754-Acres of Land consisting of Lots 9, 17, and part of a right-of-way of the abandoned Interurban Railway (referred to as Lots 9A and 17-A), Block 511, Model Addition No. 2, Port Arthur, Jefferson County, Texas from Two Family (2F) to Light Commercial (LC). "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.6971 06/12/2021 PDL PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING ON APPROXIMATELY 2.754-ACRES OF LAND CONSISTING OF LOTS 9, 17, AND A PART OF A RIGHT-OF-WAY OF THE ABANDONED INTERURBAN RAILWAY (REFERRED TO AS LOTS 9-A AND 17-A), BLOCK 511, MODEL ADDITION NO. 2, PORT ARTHUR, 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. Z21-04 — AYMAN, LLC WHEREAS, in accordance with Appendix A, Section 24-100 of the City of Port Arthur Zoning Ordinance, Ayman, LLC being the owner and having a proprietary interest in the real property consisting of approximately 2.754-Acres of Land consisting of Lots 9, 17, and part of a right-of-way of the abandoned Interurban Railway (referred to as Lots 9A and 17-A), Block 511 , Model Addition No. 2, Port Arthur, Jefferson County, Texas, has petitioned the City Council for a change or amendment to the zoning of said property; and 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, the property will be combined and developed by the Owner, its affiliates or their successors and assigns, for construction and use in general accordance with the Appendix A, Sections 7-100 and 15 of the City's Zoning Ordinance; and P.O. NO.6971 06/12/2021 PDL PAGE 2 OF 7 WHEREAS, in accordance with Section 211.007 of the Texas Local Government Code, and Section 24-103 of the City's Zoning Ordinance, 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, and Section 24-104 of the City's Zoning Ordinance, 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 1591 day of said hearing; and, WHEREAS, the Port Arthur City Council has reviewed this proposed Ordinance and finds that it would be in the public interest and general welfare of the city; complies with the intent of the City of Port Arthur Comprehensive Plan; and is necessary in light of changes in the neighborhood; and WHEREAS, the City Council finds that this proposed ordinance ensures the compatibility of land uses, and allows for the adjustment of changing demands to meet the current needs of the community by meeting the following purpose in accordance with Appendix "A", Section 15-100 of the City's Zoning Ordinance; and WHEREAS, the proposed change could have been protested in accordance with Section 211,006(d) of the Texas Local Government Code; and P.O. NO.6971 06/12/2021 PDL PAGE 3 OF 7 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 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 the zoning designation on the following tract(s) of land located in the City of Port Arthur, Jefferson County, Texas be and the same is changed from the Two Family (2F) District to the Light Commercial (LC) District: 2.754-Acres of Land consisting of Lots 9, 17, and part of a right-of-way of the abandoned Interurban Railway (referred to as Lots 9A and 17-A), Block 511, Model Addition No. 2, Port Arthur, Jefferson County, Texas EXHIBIT "A" 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 P.O. NO.6971 06/12/2021 PDL PAGE 4 OF 7 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. 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: P.O. NO.6971 06/12/2021 PDL PAGE 5 OF 7 Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: nald "Ron" Burton, City Manager .x Pamela D. Langford, Assis nt City Manager— Operations/ Director of Planning & Development Services P.O. NO.6971 06/12/2021 PDL PAGE 6 OF 7 EXHIBIT "A" SURVEY LEGEND --2-1,--DECTRK UNE [l:.+i]C IE SUVFACE I I SRNWNG POES ❑AC AM CL1000IOvem for =—=_NOW FENCE r` —PL—PL—PIPELINE 772 COIFED AREA I i ana, •P.P Pollee POLE ---/f—c wI UNK FENCE \I/ —T--r—TREPNMY LINE ROCK OR CRAWL I I LAM 0SIRLEOICNI —1.-9AR010 NNE FENCE _ CLIENT' TRIM J REALTY CORP GFAF: ATCH-70E-A(CH I9086960 /�\ SCALE I'-60' FIFTH STREET (60'RG W.,PER PLAT) SETRa RZ N 36'39'28`E 128.99' N 3624Y6"£ 88.97' - N J639'28"E 182.42' N 3639'29"E 60.03' e (CALLED N II1J'E 119) (CALLED N J904'E 6B67 (CALLED N 4113.E 18.T) (CALLED• N 4113'E i 60') `5Er'OI. REBAR//11 Q • R FOUVDRL-B.1R �.' a TRACT! I�` In z N; LOT 9 ,;�,� ,� mr gg 3� 1'Ey, N mC v= .4 Y W7� d by TRACT!I TRACT 1 �.' n tP�= aet acres LOT LOT 17 m" • kl z Ayq I,� GA CI,- CA. CAME H N3 P GP GA.GP. P. 4 0 C W ' WAR Qt P.P. - — E—E E—E —E—•-•--E---[[[ E—EE—E—E_E— • P.I. GA P.P. \ O P.P. m �i py L Q m COW • �;, h We F B L 0 C K 5 1 1 T. >'.;r sEr 1 FOUND I/1• R VS 3639'27"W 85.52' SETI , FUND Y (CALLED S J9Tu'N 853E N 53 ZOO S 363918`W 3I4.4 7' (CALLED s.nJ•N 326) PROCTER STREET S367E9 2 9`1W'N 6sQ J' (CALLED N 0036'N Y) (100•R.D.W.POP PLAT) SURVEYORS tERT➢TGTE' Iab hereby mYYy m Ohe Dent ofMy knowledge a'Rd Reef Ref 0510 an aauaelilt oIasurvey made a,De9mun4 under my ApelefLoC showrg Was,, gage Ihpotena and R ao WrnmL;as of APRI1 11,2019. The Was,,Dad t5g baled at PROCTER STREET,PORTARTHUR(,TEXAS 77642 The tract being aevPred as TRACT I I LOTS NUMBERED NINE(9)AND SEVENTEEN(17)IN BLOCK NUMBER FIVE HUNDRED ELEVEN (511)OF MODEL ADDITION NO.1 as rNSDnkd c,VOLUME 4,PAGE 1I,OF THE NAP RECORDS Of JEFFERSON COUNTY,TEXAS TRACT II: A TRACT OF LAND BETWEEN PROCTER STREET AND FIFTH STREET AND FORMERLY BEING A PART OF THE RIGHT OF WAY OF THE INTERURBAN RAILWAY SAID TRACT REFERRED TO AS LOTS 9 A AND 17 A IN BLOCK 511 OF SAID INTERURBAN RAILWAY RIGHT-OF-WAY.In NORHree 4Kh Food 00lu ana Rate Map(FTRN)0(01e Fnktal ffrefge ey MaFbyn N Vary,the SUb)FO had is loaanln Rood lone noted .v.MekaaDn Of the pgaey was deteheetaysal.Actual bee derahn has not(ALL—heel,press requested FAUST 6gRIaeng andSuse/ma Inc ekes not warrant or obo:rev to the ameacy of.1r1map.NMD.GS SNOINI HEREOSKINS Af.DXOIRENCE0ENT10 TO IHf TEXAS CYYJRgMITF24.1, ;1 SYSTEM OF IAD,SW71,CENTRAL70MT,ANC ARE e4S(0 ON THE NORTH 0224,_____. ANfWUN DAWN(n I f0L ADAbTNfM MIL. B1019 EAuST CROter.end Suss,.Inc Nang rem-Ad MCC SIA5T'IG RPM.Foe THIS TRAMSECTION LIME ASV ES NOT TRANSfERANE m RICHARD F. FAUST ADO I/10.INSTIl�UMS OR SERIEpa,r OWNERS USTIX MIS SURVEY I.ON DINER REGISTERED PROFESSIONAL LAND SURVEYOR Na 4782 PURPOSE ORNE MICR RUMS SMALL SE ATTN.CU7/R.AND NM IfmE480RET.ED SIMAYOR ERTNC FIRM REGISTRATION ND 4800 N,M ISNOTIMS7N OP E TO OTHERS F ARE LOSS AaI.RnMG THEREFRUY. OURSC SURVErNC FIRM REGISTRATION NO. 7 0002 4-00 SURVEYOR'S NOTES Oate: MAY 12,2019 Census Tract: 56 •-`�c,.•0`,..TF FEW Flood Zone: B I.."..5j t s i fq-e•"�y'• /.UT Q- * (2•.LI).. Community Panel NO.: RICHARD F.FAUST 485499-0035 E Pone!Dote: 04/17/1984 �'." 4782 !....• 9..r•ESSICt Field Book No.: 19-4 • .•IL THERE ARE NO EASEMENTS OR ENCUMBRANCES Project No. 190149 ENGINEERING AND SURVEYING,INC. . J VV COMMISEE0 µTRH SCHEDULE M-tY 0I TITLE MO GCTE+fRf,flea SvIT[ r.cpn..ERAS Tn R COMMITMENT ISSUED ON MAr r,sow rSRal eia-LAIR . rA+SAnr aIJ-J19A a P.O. 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