HomeMy WebLinkAboutPO 7010: AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT NO. 41 - nrt rthuth www.PortArthurTx.gov 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, P.O. NO.7010 10/18/2021 -PDL PAGE 2 OF 9 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 10/18/2021 -PDL PAGE 3 OF 9 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 P.O. NO.7010 10/18/2021 -PDL PAGE 4 OF 9 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 10/18/2021 -PDL 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 10/18/2021 -PDL 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 ram. *4.j 86260 N r d I _ 85389 . / i'85390 i . 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