HomeMy WebLinkAboutPO 7059: A JOINT PUBLIC HEARING WITH CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION P.O. No. 7059
05/03/22 vrt/gt
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS,
PRESCRIBING THE NOTICE TO BE GIVEN FOR A JOINT PUBLIC HEARING OF
THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ON THE
PROPOSED COMPREHENSIVE AMENDMENTS AND REVISION TO THE CITY'S
COMPREHENSIVE ZONING ORDINANCE, INCLUDING: CHANGES TO ZONING
REGULATIONS AND ZONING DISTRICT BOUNDARIES; CHANGES AFFECTING
THE HEIGHT, NUMBER OR STORIES AND SIZE OF BUILDINGS AND OTHER
STRUCTURES; CHANGES TO THE PERCENTAGE OF A LOT THAT MAY BE
OCCUPIED; CHANGES TO THE SIZE OF YARDS, COURTS AND OTHER OPEN
SPACES; CHANGES TO POPULATION DENSITY; CHANGES TO THE LOCATION
AND USE OF BUILDINGS, OTHER STRUCTURES, AND LAND FOR BUSINESS,
INDUSTRIAL,RESIDENTIAL OR OTHER PURPOSES; CHANGES TO THE BULK OF
BUILDINGS; CHANGES TO THE CONSTRUCTION, RECONSTRUCTION,
ALTERATION AND RAZING OF BUILDINGS AND OTHER STRUCTURES,
INCLUDING IN DESIGNATED PLACES AND AREAS OF HISTORICAL, CULTURAL
OR ARCHITECTURAL IMPORTANCE AND SIGNIFICANCE; AND AMENDING THE
CITY OF PORT ARTHUR'S COMPREHENSIVE PLAN TO CONFORM TO THE
ZONING AMENDMENTS AND REVISIONS ADOPTED BY THE PROPOSED
ORDINANCE.
WHEREAS, to provide the efficient regulation of land use for all property located in the
City, the City employed Freese and Nichols to assist the City in the review of its Comprehensive
Plan and its Zoning Ordinance; and
WHEREAS, the City's Planning & Zoning staff has worked with Freese and Nichols to
amend,revise,restate, and change certain zoning regulations and district boundaries to encourage
growing development, innovative uses and businesses, and to enhance the quality of life in the
City of Port Arthur by(1) lessening congestion on the streets, (2) securing safety from fire,panic,
and other dangers, (3)promoting health and the general welfare, (4)providing adequate light and
air, (5) preventing the overcrowding of land, (6) avoiding undue concentration of population, and
(7) facilitating the adequate provision of transportation, water, sewers, schools, parks, and other
public requirements; and
WHEREAS, due to the large number of properties affected by the proposed
comprehensive amendments and revision to the City's comprehensive zoning ordinance, the City
recognizes and understands the challenges presented in providing adequate notice of the City's
intent to zone the property using standard notice protocol; and
WHEREAS, Section 211.007 (d) of the Texas Local Government Code provides that the
governing body of a home-rule municipality may,by a two-thirds vote,prescribe the type of notice
to be given of the time and place of a public hearing held jointly by the governing body and the
zoning commission; and
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WHEREAS, in effort to provide adequate notice of the City's intent to adopt a
comprehensive amendments to the Zoning Ordinance for the City, the City intends to utilize the
alternate notice procedures provided for in Section 211.007 (d); and
WHEREAS, Section 211.004 (a) of the Texas Local Government Code provides that
zoning regulations must be adopted in accordance with a comprehensive plan; and the zoning
commission; and
WHEREAS, Section 213.003 (a) of the Texas Local Government Code provides that a
comprehensive plan may be adopted or amended by ordinance following:
(1) a hearing at which the public is given the opportunity to give testimony and present
written evidence; and
(2) review by the municipality's planning commission or department, if one exists;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,
TEXAS:
Section 1. In accordance with Section 211.007 (d) of the Texas Local Government Code,
City Council of the City of Port Arthur hereby adopts an alternative form of notice to be given of
the time and place of the May 31, 2022 joint public hearing of the City Council and the Planning
and Zoning Commission on the preliminary report and proposed changes in the classifications and
regulations of the Zoning Ordinance;
Section 2. In accordance with Section 213.003 (a) of the Texas Local Government Code a
joint public hearing of the City Council and the Planning and Zoning Commission for amendments
to the Comprehensive Plan are scheduled for the date and times set forth in this Ordinance;
Section 3.That the legal notice establishing the time and place of the joint public hearings
for the proposed revision of certain The Comprehensive Zoning Ordinance and the Comprehensive
Plan shall be satisfied by the following:
1)by publication of the following notice in the Official Newspaper of the City on May 14th,
2022 and on May 21S`, 2022, the first date being at least 16 days prior to the date of the public
hearing:
CITY OF PORT ARTHUR: NOTICE OF JOINT PUBLIC HEARING
THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, AND ITS
PLANNING AND ZONING COMMISSION WILL HOLD A JOINT PUBLIC HEARING
ON MAY 31, 2022 AT 10:00 A.M. IN THE CITY COUNCIL'S CHAMBERS AT CITY
HALL, 444 4TH STREET, PORT ARTHUR, TEXAS 77640, TO CONSIDER PROPOSED
COMPREHENSIVE AMENDMENTS AND REVISIONS TO THE CITY'S
COMPREHENSIVE ZONING ORDINANCE, INCLUDING: CHANGES TO ZONING
REGULATIONS, CLASSIFICATIONS, AND ZONING DISTRICT BOUNDARIES;
CHANGES AFFECTING THE HEIGHT, NUMBER OR STORIES AND SIZE OF
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BUILDINGS AND OTHER STRUCTURES; CHANGES TO THE PERCENTAGE OF A
LOT THAT MAY BE OCCUPIED; CHANGES TO THE SIZE OF YARDS,COURTS AND
OTHER OPEN SPACES; CHANGES TO POPULATION DENSITY; CHANGES TO THE
LOCATION AND USE OF BUILDINGS, OTHER STRUCTURES, AND LAND FOR
BUSINESS, INDUSTRIAL, RESIDENTIAL OR OTHER PURPOSES; CHANGES TO
THE BULK OF BUILDINGS; AND CHANGES TO THE CONSTRUCTION,
RECONSTRUCTION, ALTERATION AND RAZING OF BUILDINGS AND OTHER
STRUCTURES, INCLUDING IN DESIGNATED PLACES AND AREAS OF
HISTORICAL, CULTURAL OR ARCHITECTURAL IMPORTANCE AND
SIGNIFICANCE; AND AMENDING THE CITY OF PORT ARTHUR'S
COMPREHENSIVE PLAN TO CONFORM TO THE PROPOSED ZONING
AMENDMENTS AND REVISIONS ADOPTED BY THE PROPOSED ORDINANCE.THE
PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE ARE AVAILABLE
ONLINE AT WWW.PORTARTHURTX.GOV/ AND AVAILABLE FOR PUBLIC
INSPECTION AT PORT ARTHUR CITY HALL. PUBLIC COMMENTS CAN BE MADE
IN WRITING TO THE CITY SECRETARY. ALL PERSONS ARE INVITED TO
ATTEND AND WILL BE GIVEN THE OPPORTUNITY TO BE HEARD AT THE
PUBLIC HEARING; FOR MORE INFORMATION CONTACT THE CITY
SECRETARY'S OFFICE, EMAIL CITYSECRETARY@PORTARTHURTX.GOV; OR
PHONE (409) 983-8115.
; and
2) by publication of the "DRAFT City of Port Arthur Zoning Ordinance Draft: May 14`h,
2022" at least 16 days prior to the date of the public hearing; and
3) by posting of the joint public meeting of the City Council and the Planning and Zoning
Commission during which the public hearing will be held in accordance with Texas Government
Code Chapter 551.
Section 3. Savings. All rights and remedies which have accrued in favor of the City under
this Chapter and amendments thereto shall be and are preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable 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 thereof.
Section 5.Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
READ, ADOPTED AND APPROVED BY A TWO-THIRDS VOTE OF THE CITY
COUNCIL on this day of A.D., 2022, at a Regular Meeting of the City
Council of the City of Port Arthur, Texas,by the following vote: AYES:
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Mayor:
Councilmembers: ,
NOES: .
Thurman Bill Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
Valecia R. Ti e ,
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
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