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HomeMy WebLinkAboutPO 5341: ZONING CASE Z03-04INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DAT~; STEVE FITZGIBBONS, CITY MANAGER DALE L WATSON, DIRECTOR OF PLANNING P.O. NO. 5341 - ZONING ORDINANCE AMENDMENT Z03-04 (Wn J,IAMS/RAO, LLP) 06/17/03 RECOMMENDATION: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5341 be approved. This Ordinance would rezone a 155-acre tract of land located on the south side of Hwy 365 approximately 1900 feet west of Hwy 69 from PD-1 and PD-20 to Light Commercial. BACKGROUND: This property contains the 30-acre tract of land on which Iasis is proposing to construct a new hospital. There will also be a Medical Office Building constructed on this tract. The remaining property will be available for additional commercial development. Access will be provided by an extension of Jimmy Johnson Blvd. and a boulevard from Hwy 365. BUDGETARY/FISCAL EFFECT: The developmem of this property will bring add'aional tax revenues to the City. STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5134 be approved. ORDINANCE NO. P.O. NO. 5341 06/17/03 DLW AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING ON LOTS 1, 2, 7 AND 8, BLOCK 13, RANGE "K' AND LOTS 1, 2, 3, 4, 7 AND 8, BLOCK 12, RANGE "K', PORT ARTHUR LAND COMPANY FROM PD -1 AND PD-20 TO THE LIGHT COMMERCIAL DISTRICT, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF THIS ORDINANCE OR ~ ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-3 OF TI~ CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOI J,ARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z03-04 WILLIAMS/RAO, LLP) WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Local Govemmem Code, Sections 211.006 and 211.007, having been fulfilled, the City Council held a public hearing June 24, 2003 at 9:00 A.M.; and, WHEREAS, the proposed change has not been protested in accordance with subsection (d) of said Section 211.006; and, WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed change be approved, 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 hereinat~er 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, 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 P.O. NO. 5341 06/17/03 Page 2 of 4 seven [7] members) if the proposed chan4ge is protested in accordance with said subsection (d) or the City's Planni~4g and Zoning Commission recommends that the proposed change to a regulation or boundary be denied; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF PORT ARTHUR: SECTION 1. That the zoning on the following tract of land located in the City of Port Arthur, Texas be and the same is changed bom PD-1 and PD-20 to Light Commercial; "LC" A 155 ACRE TRACT OF LAND OUT OF LOTS 1, 2, 7 AND 8, BLOCK 13, RANGE "K" AND LOTS 1, 2, 3, 4, 7 AND 8 OF BLOCK 12, RANGE "K", PALCO PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED ON THE SOUTH SIDE OF HWY 365 1900 FEET WEST OF HWY 69 EXHIBIT "A" SECTION 2. That the Building Official and the Director of Planning are anthorized 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 chan4~es 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 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 holding sbMl not affect the validity of the remainirlg 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 S. Any person, firm or corporation who violates any provision of this Ordinance or the City's Zoning ordinance shall be guilty of a mi~emeanor and shall be punished by a fine not P.O. NO. 5341 06/17/03 Page 3 of 4 exceeding Two Tl~usand ($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. SECTION 6. This O~linance or its caption and penalty shall be published at least one (1) time within ten days aRer final passage hereofln the official newspaper of the City of Port Arthux. This Ordinance shall take effect immediately alter the date of such publication. SECTION 7. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes are not required to adopt this Ordinance. READ, ADOPTED AND APPROVED this __ day of June, A.D., 2003 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: ATTEST: CITY SECRETARY APPROVED AS TO FORM: MAYOR CITY ATTORNEY P.O. NO. 5341 06/17/03 Page 4 of 4 APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING NO'rtCE OF PUBI t'C HEARING ZONZNG DZSTRZCT CHANGE THE PLANNING AND ~ONING COMML,~ON, C2~Y OF PORT AI~UR WILL HOLD A PU6LIC HEARING ON MONDAY, JUNE 16, 2003 . AT 5:30 PM IN THE COUNC~L CHAM~, ~FTH FLOOR OF CITY HALL, 444FOURT~ PL4NNM~ DEI~AI;TI~NTAI' (4O~) ~83-8~.1~ EXHIBIT "A" P.O. 5341 155 ACRE TRACT OUT OF LOTS .1, 2, 7, & 80F'~BLOCK 13, RANGE K AND LOTS 1, 2, 3, 4, 7 &'80F~ BLOCK 12, RANGE K, PALCO AP~CANI': WILLIAMS & RAO, LP 870 BAKER PORT NECHES, TX '77651-4807 LOPfF~EDQ~dtGEI=ROM: PLANNED DEVELOPMENT 20 AND PLANNED DEVELOPMENT 1 TO: LIGHT COMMERCIAL tOP(F-r~ED USE: HOSPITAL/MEDICAL OFFICES AND OTHER COMMERCIAL USES SOUTH SIDE OF HIGHWAY 365, APPROXIMATELY 1900 FEETWESl OF HIGHWAY 69. LEGEND BOUNDAR2ES OF PROPOSED CHANGE ZONING SCA/.E: NTS