HomeMy WebLinkAboutPO 6004: ZONING CHANGE - SINGLE FAMILY TO LIGHT COMMERCIALMemo
To: City Council and Steve Fitzgibbons, City Manager
From: Colleen Russell, Planning Department
Date: 6/26/2009
Re: ZO9-01 Lot change from "SF" (single-family) to "LC" (light -commercial)
REQUEST:
The applicant -Mr. Richard Daley is requesting that a portion the property aka Lot 11,
Blocks 1 and 12 of Port Acres Addition be rezoned from "SF" (Single Family) to "LC"
(Light Commercial) for associated commercial uses. The address for proposed
ordinance 6004 is 6555 Jade Avenue. It is located south of SH 365 (Nome Port
Neches Highway) and west of Jade Avenue AKA Avenue B (See Exhibit).
BACKGROUND:
The applicant proposes to use the land for a grocery store and storage facility. The
business lots will require platting. The grocery store will be in accordance with City's
Building and Health Codes to obtain a (CO) certificate of occupancy.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended (6:1) approval of Z09-01 on
April 6, 2009 for a grocery store and a proposed storage facility. The approval was
with the promise of a neighborhood grocery store and related uses on 6.5479 acres
of the 9.396 acres of land. Resolution 09-176 requested a public hearing for this
case by City Council on the morning of June 16th 2009
PUBLIC COMMENT:
3 property owners were notified of the proposed zoning change.
• Page 1
Speaking
Protest - 4 (1 was within 200 feet of site, 3 outside the 200 feet)
Approval - 2 (1 was the property owner)
Written
Protest - 2 (1 was within 200 feet for subject site)
Approval - 3 (3 not within the 200 feet)
RECOMMENDATION:
The Planning Commission approved the case with an understanding of :-
r A grocery store or neighborhood retail facility built, that will generate
sales tax as well as for related uses, but not just a storage facility.
BUDGETARY/FISCAL EFFECT: None
STAFFING/EMPLOYEE EFFECT: None
SUMMARY:
The public hearing will allow for a decision for the owner to operate the proposed
businesses as well as the zoning change approval from "SF" (single family) to "LC"
(light commercial). These uses will be in accordance with the updated Schedule of
Use Chart January 2009
Respectfully,
C Russell, Planning Director
• Page 2
P.O. No. 6004
06/05/09 CWR
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY GRANTING A ZONING
CHANGE FOR A SINGLE FAMILY LOT TO LIGHT
COMMERCIAL OUT OF A 6.547 A('RE PORTION TRACT
OUT OF THE PORT ACRES ADDITION, A PART OF LOT 11,
BLOCKS 1 AND 12, AKA 6555 JADE AVENUE OR AVENUE B,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION
OF THIS ORDINANCE AND 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 A FINE NOT EXCEEllING 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.
Z09-O1 "SF" (single-family) to "LC" (light-commercial)
(South of Highway 365 and the southwest corner of Jade Avenue)
WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the
City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007,
having been fulfilled, the City Council held a public hearing June 16, 2009 at 9:00 A.M.; and,
WHEREAS, the proposed change may be protested in accordance with subsection (d) of said
Section 211.006; and,
WHEREAS, having received approval on April 6, 2009, from the Planning and Zoning
Commission, the City Council finds that it would be in the public interest and general welfare of the
City to change the Zoning designation of the hereinafter described property; and,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code,
(Section 24-105 of the City Zoning Ordinance requires, that in order for the proposed change to take
effect, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least
seven [7] members) is required if the proposed change is protested in accordance with said subsection
P.O. N0.6004 CWR
06/05/09
Page 2 of 6
(d) or the City's Council recommends that the proposed change to a regulation or boundary be denied;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCII.OF THE CITY OF PORT ARTHUR:
SECTION 1. That a zoning change from "SF" (Single-Family) to "LC" (Light Commercial) be
approved for the following tract of land:
6.5479 ACRE OUT A 9.396 ACRE TRACT OF LOT 11, BLOCKS 1
AND 12 OF PORT ACRES ADDITION, AKA 6555 JADE AVENUE
(THAT IS SOUTH OF STATE HIGHWAY 365 AND WEST OF JADE
AVENUE AKA AVENUE B) IN THE PORT ACRES ADDITION,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS (EXHIBIT "B")
SECTION 2. That the Building Official and the Director of Planning are authorized and directed
i:o make all necessary changes to the "Zoning Map, City of Port Arthur, Texas", on file in the offices of
1:he Building Official and the Planning and Zoning Commission, so as to reflect on said Map, the
changes hereby made in conformity with the legend of said Map.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
<rny 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. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but
only to the extent of such conflict.
SECTION 5. Any person, firm or corporation who violates any provision of this Ordinance or the
City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding Two Thousand ($2,000.00) Dollars as provided in Section 1-13 of the Code of Ordinances,
and each day such violation shall be permitted to exist shall constitute a separate offense.
P.O. N0.6004 CWR
06/05/09
Page 3 of 6
SECTION 6. This Ordinance or its caption and penalty shall be published at least one (1) time
within ten 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. Because Section 24-105 of the 7,oning Ordinance may apply, seven (7) votes are
required to adopt this Ordinance.
'T'HAT a copy of the caption of this Ordinance be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of June, A.D., 2009, at a Regular
IVleeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
C'ouncilmembers:
NOES:
ATTEST:
Mayor
City Secretary
P.O. N0.6004 C W R
06/05/09
Page 5 of 6
EXHIBIT "A"
(The 200 FEET RADIAL SURROUNDING
SUBJECT SITE)
WILL BE
PRESENTED AT
THE
COUNCIL
MEETING
P.O. N0.6004 CWR
06/05/09
Page 6 of 6
EXHIBIT "B"
(THE PORTION OF TRACT OUT OF THE
PORT ACRES ADDITION AKA APART OF
LOT 11, BLOCKS 1 AND 12, OF THE PORT
.ACRES ADDITION)
WILL BE
PRESENTED AT
THE
COUNCIL
MEETING
P.O. N0.6004 CWR
06/05/09
Page 4 of 6
APPROVED AS TO FORM:
~"~) ~~
City Attorney I ~ ~>
APPROVED FOR ADMINISTRATION:
City Manager
Director of Planning