HomeMy WebLinkAboutPO 7064: AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING ZONING DESIGNATIONS \\ /
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: May 12, 2022
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Planning and Development Services
RE: P.O. NO. 7064 — An Ordinance amending the Zoning Ordinance of the
City of Port Arthur by changing zoning designations.
Introduction:
This agenda item intends to seek the City Council's approval of P.O. NO. 7064,
amending Appendix A — Zoning of the City of Port Arthur Code of Ordinance, by
changing the zoning from Multiple-Family (MF) to Neighborhood Services (NS) for
approximately 1.523-acres of Land out of Tract 1, Lot 12, Block 1, Foster Village (north
of Main Avenue and west of 13th Street), Port Arthur, Jefferson County, Texas.
The owners/applicants, Thomas and Evelyn Kemper seek this zoning change for the
sale of land for the development of a commercial strip center (ex: convenience store,
laundromat, small offices, restaurants, etc.).
Background:
An application for a zoning change was filed with the Planning and Zoning Commission
on February 18, 2022. The Public Notice was published in the Port Arthur Newspaper
on March 22, 2022, and mailed to adjacent property owners within 200 ft. of the subject
site. The Commission held a public hearing on April 4, 2022, over Zoom and voted 3:0
recommending approval of the said request.
On April 26, 2022, City Council approved Resolution No. 22-184, calling for a public
hearing. The City Secretary's Office prepared and mailed notifications for the public
"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
hearing and published a public notice in the Port Arthur Newspaper before the public
hearing date.
City Council will hold a public hearing on May 24, 2022, at 10:00 a.m. In accordance
with Section 211.006 of the Texas Local Government Code, the planning staff has
received written notification in opposition and favorable to the request as follows:
Written Oppostion: 1
Written In Favor: 1
Budget Impact:
None
Recommendation:
It is recommended that City Council approve P.O. NO. 7064, amending Appendix A —
Zoning of the City of Port Arthur Code of Ordinance, by changing the zoning from
Multiple-Family (MF) to Neighborhood Services (NS) for approximately 1.523-acres of
Land out of Tract 1, Lot 12, Block 1, Foster Village (north of Main Avenue and west of
13th Street), 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.O. NO.7064
05/12/2022 PDL
PAGE 1 OF 7
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY CHANGING THE ZONING ON 1.523-
ACRE OF LAND OUT OF TRACT 1, LOT 12, BLOCK 1, FOSTER
VILLAGE (NORTH OF MAIN AVENUE AND WEST OF 13TH
STREET), PORT ARTHUR, 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
EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE.
Z22-04 — THOMAS & EVELYN KEMPER
WHEREAS, Thomas & Evelyn Kemper is the owner of certain real property
consisting of 1 .523-acre of land out of Tract 1, Lot 12, Block 1 , Foster Village (north of
Main Avenue and west of 13th Street), Port Arthur, Jefferson County, Texas; 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", Section 17 of the City's Zoning Ordinance; and,
WHEREAS, after public notice, the Planning and Zoning Commission conducted
a public hearing on March 12, 2022, and recommended the proposed request be
approved; and,
WHEREAS, all the requirements of Article XI of the Charter and the Zoning
Ordinance of the City of Port Arthur, Texas, including the Texas Local Government Code,
Sections 211 .006 and 211.007, having been fulfilled, the City Council held a public
hearing on May 24, 2022, at 10:00 a.m.; and,
WHEREAS, the proposed change may be protested in accordance with
Subsection (d) of said Section 211.006; and,
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WHEREAS, pursuant to Subsections (d) and (f) of Section 211 .006 Texas Local
Government Code, Section 24-105 of the City Zoning Ordinance requires, 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 six [6] members) if the
proposed change is protested in accordance with said Subsection (d) or the City's
Planning and Zoning Commission recommends that the proposed change to a
regulation or boundary be denied; and,
WHEREAS, the City Council has reviewed this proposed Ordinance and
has determined that it promotes the health, safety, and general welfare of the citizens of
Port Arthur; 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 adjusting changing demands to meet the
community's current needs by meeting the purpose outlined in Appendix "A", Section
17-100 of the City's Zoning Ordinance.
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
Multiple Family (MF) District to the Neighborhood Services (NS) District:
1.523-ACRE OF LAND
OUT OF TRACT 1, LOT 12, BLOCK 1, FOSTER VILLAGE,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
EXHIBIT "A"
SECTION 2. That the Building Official and the Director of Development Services
are authorized and directed to make all necessary changes to the "Zoning Map, City of
P.O. NO.7064
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PAGE 3 OF 7
Port Arthur, Texas", on file in the offices of the Building Official and the Planning and
Zoning Commission, 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 jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such 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 Two Thousand Dollars [$2,000.00] 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.
SECTION 6. That the 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 pursuant to Section 211.006(d) of the Texas Local Government
Code, if a proposed change to a regulation or boundary is protested in accordance with
this subsection, the proposed change must receive, in order to take effect, the affirmative
vote of at least three-fourths of all members of the governing body. The protest must be
written and signed by the owners of at least 20 percent of either: (1) the area of the lots
P.O. NO.7064
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or land covered by the proposed change; or (2) the area of the lots or land immediately
adjoining the area covered by the proposed change and extending 200 feet from that
area.
SECTION 8. That in accordance with Section 211.006(d) of the Texas Local
Government Code, notification was mailed to adjacent property owners within a 200 ft.
radius of the proposed site, as well as published in the Port Arthur Newspaper a minimum
of 15 days prior to the public hearing.
SECTION 9. That because Section 211.006 (d-f) of the Texas Local Government
Code and Section 34-105 of the Zoning Ordinance does not apply, a simple majority vote
of the City Council is sufficient to adopt this Ordinance.
READ, ADOPTED AND APPROVED this the day of May, A.D., 2022 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
votes: AYES:
Mayor:
Council members:
Noes:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.O.NO.7064
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APPROVED A TO F RM:
Val is ' ity Attor
APPROVED FOR ADMI ST TION:
Ronal. 'Rol" Bu o , ity Man
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Pamela D. Langford, Assistant-pity Manager— Operations/
Director of Development Services
P.O.NO.7064
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PAGE 6 OF 7
EXHIBIT "A"
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