HomeMy WebLinkAboutPO 7010: AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT NO. 41 -
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: October 18, 2021
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Planning and Development ServicesI c I-2
RE: P.O. NO. 7010 — An Ordinance amending the Zoning Ordinance of the
City of Port Arthur by creating Planned Development District No. 41.
Introduction:
This agenda item intends to seek City Council's approval of P.O. NO. 7010, amending
Appendix A— Zoning of the City of Port Arthur Code of Ordinance, by creating Planned
Development District No. 41 (PD-41) for approximately 2.5524-acres of Land, Lot 7,
Tracts 2, 3, and 6, Block 2, Port Acres Addition and Lot 7, Block 2, and Lots 9 and 10,
Block 3, Mari Addition, Port Arthur, Jefferson County, Texas.
The applicant, Saint Christopher Council 3195 Building Corporation, seeks a zoning
change from Light Commercial (LC) to Planned Development District — 41 (PD-41) for
the purpose of selling the property to an interested party for the operation of a heavy
equipment/tool rental business that would serve various industries throughout the area.
Background:
An application was filed with the Planning and Zoning Commission on July 29, 2021,
requesting a Zoning Change for the property referenced above. The Public Notice was
published in the Port Arthur Newspaper on August 13, 2021, as well as mailed to
adjacent property owners within 200 ft. of the subject site. The Commission held a public
hearing on August 23, 2021, over Zoom and vote 4:0 recommending approval of said
request.
"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 September 21, 2021, City Council approved Resolution No. 21-280 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 September 30, 2021.
City Council held a public hearing on October 12, 2021, at 10:00 a.m. There were no
members of the public to speak regarding this request.
Budget Impact:
None
Recommendation:
It is recommended that City Council approve P.O. No. 7010, amending Appendix A —
Zoning of the City of Port Arthur Code of Ordinance, by creating Planned Development
District No. 41 (PD-41) for approximately 2.5524-acres of Land, Lot 7, Tracts 2, 3, and
6, Block 2, Port Acres Addition and Lot 7, Block 2, and Lots 9 and 10, Block 3, Mari
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.R. NO.7010
10/18/2021 -PDL
PAGE 1 OF 9
ORDINANCE NO.
A ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY CREATING PLANNED
DEVELOPMENT DISTRICT NO. 41 (PD-41) ON APPROXIMATELY
2.5524-ACRES OF LAND CONSISTING OF LOT 7 (TRACTS 2, 3
AND 6), BLOCK 2, PORT ACRES ADDITION, LOT 7, BLOCK 2,
AND LOTS 9 AND 10, BLOCK 3, MARI ADDITION, CITY OF PORT
ARHTUR, JEFFERSON COUNTY, TEXAS (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 [$2,000.00] DOLLARS); AND
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER
OF THE CITY OF PORT ARTHUR AND EFFECTIVE
IMMEDIATELY AFTER PUBLICATION DATE.
Z21-07 — SAINT CHRISTOPHER COUNCIL 3195 BUILDING CORPORATION
PLANNED DEVELOPMENT DISTRICT NO. 41 (PD-41)
WHEREAS, in accordance with Appendix A, Section 24-100 of the City of Port
Arthur Zoning Ordinance, Saint Christopher Council 3195 Building Corporation having a
proprietary interest in the real property consisting of approximately 2.5524-acres of Land,
consisting of Lot 7 (Tracts 2, 3 and 6), Block 2, Port Acres Addition, Lot 7, Block 2. and
Lots 9 and 10, Block 3, Mari Addition, 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 October 12, 2021, at 10:00 a.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 19 of the City's Zoning Ordinance; and,
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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 August 23, 2021, as well as written notices
were sent to each owner, before the 10th day of 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 October 12, 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 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 19 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. 7010
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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 of land located in the
City of Port Arthur, Jefferson County. Texas be and the same is changed from the Light
Commercial (LC) District to Planned Development NO. 41 (PD-41) District:
APPROXIMATELY 2.5524-ACRES OF LAND, CONSISTING OF
LOT 7 (TRACTS 2, 3 AND 6), BLOCK 2, PORT ACRES ADDITION,
LOT 7, BLOCK 2, AND LOTS 9 AND 10, BLOCK 3, MARI ADDITION,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
LOCATED SOUTH OF WEST PORT ARTHUR ROAD
BETWEEN 65TH STREET AND 66TH STREET
EXHIBIT "A"
Section 2. That the Building Official and the Director of Planning and 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 Division, 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
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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 October, A.D.2021, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
MAYOR
COUNCILMEMBERS:
P.O. NO. 7010
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PAGE 5 OF 9
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
,6,„ Lim (i-yi_
alecia " al" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ro "Ron" Burton, City nager
Obyr,6 /- CI ap q -40
Pamela D. Langford, CFM,�9'irector of
Planning and Development Services
P.O. NO.7010
10/18/2021 -PDL
PAGE 6 OF 9
Exhibit "A"
PLANNED DEVELOPMENT DISTRICT - 41
SECTION 1: AREA
That the zoning designation of the following described tract of land be and the
same is hereby zoned "PD-41", Planned Development-40 District under the provisions
of Section 19:
2.5524 Acres of Land out of and part of Lot 7 (Tracts 2, 3 and 6), Block 2, and
Lots 9 and 10, Block 3, Port Acres Addition, Port Arthur, Jefferson County,
Texas.
SECTION 2: PERMITTED USES
Use regulations for the "PD-41", Planned Development-41 District permits uses as
prescribed in Sections 7 for:
1. All uses permitted in the "LC", Light Commercial or "R" Retail District.
2. Shall also allow the following uses permitted in Commercial (C) or Heavy
Commercial (HC) zoned districts:
a. Building Material Sales (indoor)
b. Cabinet Shop
c. Commercial truck parking, storage or repair
d. Maintenance and repair service for buildings
e. Heavy Machinery and Tool Shop
f. Wholesale Storage and Sales
SECTION 3: DEVELOPMENT STANDARDS
1. The density, coverage, off-street parking, off-street loading, height, and yards shall
comply with the standards established in the "LC" Light Commercial/"R" Retail
District, for all Light Commercial/Retail uses and in the "HC" Heavy
Commercial/"C" Commercial District for all special heavy commercial/commercial
uses, otherwise authorized herein or on the Comprehensive Site Plan or
development plan approved by the Planning and Zoning Commission. The height
standards shall be in compliance with the Height Regulations for the "LC" Light
Commercial/" R" Retail District. Noise standards shall be those established for
Light Commercial/Retail districts.
2. No building, sign, structure or other structural improvement shall be erected nearer
than twenty-five (25) feet to the right-of-way of West Port Arthur Road. Driveways
may be constructed across the land strip created by such setbacks but no portion
of any such driveway which may be parallel to or approximately parallel to any
street right-of-way line nor any off-street parking area adjacent to right-of-way shall
P.O. NO.7010
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PAGE 7 OF 9
be located nearer than fifteen (15) feet to such right-of-way line; it being the
purpose and intent of this provision to create a minimum fifteen (15) foot strip for
lawn, planting and general landscaping purposes between any building and the
street right-of-way and to permit only the construction of essential driveways and
walks crossing such strip.
3. Privacy screening will be required in accordance with applicable sections of Port
Arthur Code of Ordinances.
P.O.NO.7010
10/18/2021 -PDL
PAGE 8 OF 9
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