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Home My WebLink AboutPO 7146: AUTHORIZING ZONING CHANGE AT 6194 JADE AVENUE l/, Cin of ,. ,-- )10 iipi orr rt{tu.— www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: April 27, 2023 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Assistant City Manager— Operations/Director of Development Services eA RE: P.O. NO. 7146 — An ordinance changing the zoning from Commercial Retail to Low-Density Residential at 6194 Jade Avenue, Port Arthur, TX Introduction: This agenda item intends to seek the City Council's approval of P.O. NO. 7146, changing the zoning on approximately 1.924-acre of land, a portion of Lot 4, Block 7, Port Acres Addition (6194 Jade Avenue), Port Arthur, Jefferson County, Texas, from Commercial Retail (CR) (formerly referred to as Light Commercial [LC]) to Low-Density Residential (LDR) (formerly referred to as Single Family [SF]). The purpose of this request is to allow for the construction of four (4) single-family homes. There is currently one (1) home occupying the site. Background: The applicant, Luis A. Espinoza, seeks a zoning change for an approximately 1.924- Acre Tract of Land located in the Port Acres Addition of Port Arthur, TX, to allow for the construction of four (4) single-family homes in accordance with Appendix A, Section 2.03(B)—Zoning Districts, and Section 3.03 — Land Use Table. The property is currently zoned as Commercial Retail (CR) (formerly referred to as Light Commercial [LC]) and is surrounded by properties zoned as Low-Density Residential (LDR) (formerly referred to as Single Family [SF]) and Commercial Retail (CR). "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 April 17, 2023, the Planning and Zoning Commission held a public hearing on the application for any amendment or change prior to making its recommendation and report to the City Council. When any such amendment or change relates to a change in classification or boundary of a zoning district, written notice of public hearing before the planning and zoning commission on the proposed amendment or change shall be mailed to all owners of the real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for the hearing by depositing in the mail such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, and the time shall not be earlier than ten days from the date of publication. The Planning and Zoning Commission recommended the proposed change be denied, therefore requiring an affirmative vote of at least three-fourths of all members of the City Council (i.e., at least six [6] members), in accordance with subsections (d) and (f) of Section 211.006 Texas Local Government Code and Section 6.03(F) of the City Zoning Ordinance. The Port Arthur City Council will hold a public hearing regarding the proposed change on May 9, 2023, at 6:00 p.m. Budget Impact: None Recommendation: It is recommended that the City Council approve P.O. NO. 7146, changing the zoning on approximately 1.924-acre of land, a portion of Lot 4, Block 7, Port Acres Addition (6194 Jade Avenue), Port Arthur, Jefferson County, Texas, from Commercial Retail (CR) (formerly referred to as Light Commercial [LC]) to Low-Density Residential (LOR) (formerly referred to as Single Family [SF]). "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. 7146 04/27/2023 PDL PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A: ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING ON APPROXIMATELY 1.924-ACRE OF LAND, A PORTION OF LOT 4, BLOCK 7, PORT ACRES ADDITION (6194 JADE AVENUE), 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. Z23-03 — LUIS A. ESPINOZA WHEREAS, Luis A. Espinoza is the owner of certain real property consisting of approximately 1 .924-acre of land, West 205.3 feet less 72X189 of the Southwest Corner of Lot 4. Block 7, Port Acres Addition (6194 Jade Avenue). Port Arthur, Jefferson County, Texas; and, WHEREAS, the Property will be subdivided and developed by Owner. its affiliates. or their successors and assigns for construction and use in general accordance with Appendix -A", Sections 2.03(B) —Zoning Districts and 3.03 — Land Use Table of the City's Zoning Ordinance; 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 9, 2023. at 6:00 p.m.; and, WHEREAS, the proposed change may be protested in accordance with subsection (d) of said Section 211 .006: and, P.O. NO. 7146 04/27/2023 PDL PAGE 2 OF 7 WHEREAS, after public notice, the Planning and Zoning Commission conducted a public hearing on April 17, 2023, and recommended the proposed request be denied; and. WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas Local Government Code, Section 6.03(F) 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) of the Texas Local Government Code, or if 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 the adjustment of changing demands to meet the current needs of the community by meeting the following purpose in accordance with all applicable Sections of Appendix "A" 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 Commercial Retail (CR) District to the Low-Density Residential (LOR) District: P.O. NO. 7146 04/27/2023 PDL PAGE 3 OF 7 1.924-ACRE OF LAND WEST 205.3 FEET LESS 72X189 OF THE SOUTHWEST CORNER OF LOT 4, BLOCK 7, PORT ACRES ADDITION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS 6194 JADE AVENUE 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 Port Arthur, Texas", on file in the offices of the 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. 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 P.O. NO.7146 04/27/2023 PDL PAGE 4 OF 7 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 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 6.03(F) of the Zoning Ordinance applies, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least six [6] members) is required to adopt this Ordinance. READ, ADOPTED, AND APPROVED this the day of May, A.D., 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following votes: AYES: Mayor: Council members: P.O. NO.7146 04/27/2023 PDL PAGE 5 OF 7 Noes: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: .41,40:AalbadLW2rdlim: • • • "'on" Bu .;rger u ca,777d2T Pamela D. Langford, Assistant City Manager— Operations/ Director of Development Services P.O. NO. 7146 04/27/2023 PDL PAGE 6 OF 7 EXHIBIT °A" I • o; , I t" • I II 4.1 y0/ S 0673'36'1r 11.71 0 (CALLED%OT 11.367 yr r00.06m ( I - — 1_ Le6 Ler.,r aA. {\ I 5 e05-33•35'r tee.u• VII 1x71 - arc r A /t aitm'a°oe 't81 IR i I I I 56 ,r �L•� Ind (y W i33 4a 15r 1 Jay ror s 6635'u•. tmw' .�y fpwp IN 3C9E:1'.30' ! r 666 (CALM rFST 166.00.7 sail Am�7 I 5I I § I 1 1 11 ` 1.924 ACRES Of LAND ll PART OP LOT 4.NIX 7 PORT ACRES g I J6 n RESON COUNTY,TIIAS ng Wj S e `V I 11 182 I I�h1711' 7V.6L•.fan!IAa.1.1 11",11 :- . f 266n 1�ro.C1 Iiliilill+ /� A e.a,a .na IA ap►n wr je LEGEND :ft.% moo me OE4 0511a1EAD EEC1NC I C 61.66 —01[-46[— . 111!1! _ , 1 E P1PEU t6•n6.M 0101 .. .r. _ — — • II? " ii nLL li 1 ,,J. O•P011ER POLE 01 01 t E.N. .niorecol.NEAR 1 33 -W61E6 fkit3, ..01.01. 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