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Home My WebLink AboutPO 7209: AMENDMENT TO PLANNED DEVELOPMENT DISTRICT - 1 nrt rtltur tI Ir �. www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 28, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Pamela D. Langford, Assistant City Manager— Operations/ Director of Planning & Development Services ?pc RE: P.O. No. 7209 —Amendment to Planned Development District— 1 Introduction: This Agenda Item intends to seek approval from the City Council for P.O. NO. 7209 amending Planned Development District — 1 (PD-1) to include Zoning Use Type: Automobile Repair, Major, for the development of an automobile collision repair shop on a 2.013-acre Tract of Land out of the Port Arthur Land Company Subdivision, T.&N.O.RR Co. Survey No. 11, Abstract No. 243, Port Arthur, Jefferson County, Texas. All retail/light commercial uses are permitted by right in the said district. The district also permits several heavy commercial uses, including Warehousing, Motor Freight Terminal, Parking Lot—Trucks and Trailers, Tire Retreading or Capping, Manufacturing Laboratory, Light Manufacturing and Assembly Processes, Maintenance and Repair Services for Buildings, and Paint Shops. Background: An application was filed with the Planning and Zoning Commission on or around September 18, 2023, requesting a zoning map amendment to INCLUDE the zoning use type "Automobile repair, major" for developing a collision repair shop. The pre-development meeting was conducted on August 9, 2023. Participants included the Representatives from the City's Planning and Zoning Division, Chief Building Official, Sanitarian, Solid Waste Division, Regulatory Services, Engineering Division, and the Fire Marshal's Office. A Representative from Drainage District No. 7 was in attendance, as well as client representation from Goree Architects. Information regarding the development was provided to the developer and their representative, along with contact information if additional guidance is needed. On October 10, 2023, the City Council approved Resolution No. 23-428, calling for a public hearing for said request. The City Secretary's Office prepared and mailed notifications for the public hearing, as well as published public notice in the Port Arthur Newspaper on November 4, 2023. Budget Impact: None Recommendation: It is recommended that the City Council approve P.O. NO. 7209 amending Planned Development District— 1 (PD-1) to include Zoning Use Type: Automobile Repair, Major, for the development of an automobile collision repair shop on a 2.013-acre Tract of Land out of the Port Arthur Land Company Subdivision, T.&N.O.RR Co. Survey No. 11, Abstract No. 243, 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. 7209 10/27/2023 PDL PAGE 1 OF 8 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY AMENDING PLANNED DEVELOPMENT DISTRICT — 1 TO ALLOW FOR ZONING USE TYPE: AUTOMOBILE REPAIR, MAJOR ON A 2.016-ACRE TRACT OF LAND OUT OF THE PORT ARTHUR LAND COMPANY SUBDIVISION, T.&N.O.RR CO. SURVEY NO. 11, ABSTRACT NO. 243, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN CHAPTER 1, SECTIONS 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY A FINE NOT EXCEEDING 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. Z23-07 (WARHORSE DEVELOPMENT CORP.) 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 November 7, 2023, at 10:00 a.m.; and, WHEREAS, the proposed change has not been protested in accordance with subsection (d) f said Section 211.006; and, WHEREAS, having received and considered the recommendation of the Planning and Zoning Commission that the proposed amendment to Planned Development District — 1 (PD-1), as delineated in Exhibit "A", be approved, the City Council finds that it would be in the public interest and general welfare of the City to amend the zoning requirements of the hereinafter described property; and, 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 MP P.O. NO.7209 10/27/2023 PDL PAGE 2 OF 8 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: SECTION 1. That Planned Development District — 1 (PD-1) shall be amended, as delineated in Exhibit "B". 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 holding 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 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 .-.� MI P.O.NO.7209 10/27/2023 PDL PAGE 3 OF 8 Chapter 1, 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 this Ordinance or its caption and penalty shall be published at least one (1) time within ten days after formal 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 because the proposed change to a regulation has not been protested in accordance with Section 211 .006 of the Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for the adoption of this Ordinance. READ, ADOPTED, AND APPROVED this day of November, A.D., 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following votes: AYES: MAYOR: COUNCILM EMBERS: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.O. NO.7209 10/27/2023 PDL PAGE 4 OF 8 APPROVED AS TO FORM: 1/X-1-1-1 git-' kdbLf ,21 Valecia V I Tizeno, City Attorney APPROVED FOR ADMINISTRATION: (--Ron d "Ron" Bij on, Ci Manager I - ah)q-P--C1) Pamela D. Langford, Assis#ant City Manager — Operations/ Director of Development Services P.O.NO.7209 10/27/2023 PDL PAGE 5 OF 8 EXHIBIT "A" (Existing PD-1 ) P.O. NO.7209 10/27/2023 PDL PAGE 6 OF 8 APPENDIX A • PLANNED DEVELOPMENT DISTRICTS ADOPTED WITH ORIGINAL ZONING ORDINANCE AND REFERENCED ON ZONING DISTRICT MAP PLANNED DEVELOPMENT DISTRICT - 1 SECTION 1. AREA That the zoning designation of the following described tract of land be and the same is hereby zoned "PD-1", Planned Development-1 District under the provisions of Section 19: A 260 acre tract including all of Lots 3,4 , 5 and 6 of Block 13, Range "J" ; Lots 1, 2 , 7 and 8 of Block 13 , Range "K" ; Lots 3 , 4 , 5 and 6 of Block 12 , Range "J" and Lots 3 - 6, Block 11, Range "J"; and generally located on the Southwest corner of Hwy. 69 and Hwy. 365 SECTION 2 . PERMITTED USES Use regulations for the "PD-1", Planned Development-1 District permits uses as prescribed in the use schedules, Section 7 for: 1. All uses permitted in the "LC" , Light Commercial District. 2. The 160 acre tract including all of Lots 3 , 4, 5 and 6, Block 13, Range "J" and Lots 1, 2 , 7 and 8 of Block 13 , Range "K" , PALCO shall also allow the following "HC" , Heavy Commercial uses: a. Warehousing 4 b. Motor Freight Terminal c. Parking Lot - Trucks and Trailers d. Tire Retreading or Capping e. Manufacturing Laboratory f. Light Manufacturing and Assembly Processes g. Maintenance and Repair Service for Buildings h. Paint Shop SECTION 3 . DEVELOPMENT STANDARDS The coverage, off-street parking, off-street loading and yards shall comply with the standards established in the "LC" , Light Commercial District, for all light commercial uses and in the "HC" , Heavy Commercial District for all special heavy commercial uses. The height standards shall be in compliance with the Height Regulations for the "LC" , Light Commercial District for all uses except that applicable approach zone height standards for the Jefferson County Airport shall be observed, as they may apply to the premises. Noise standards shall be those as established for Commercial Districts. P.O. NO.7209 10/27/2023 PDL PAGE 7 OF 8 EXHIBIT " B " (Proposed Amendment) P.O.NO.7209 10/27/2023 PDL PAGE 8 OF 8 PLANNED DEVELOPMENT DISTRICT — 1 SECTION 1. AREA That the zoning designation of the following described tract of land be and the same is hereby zoned "PD-1", Planned Development-1 District under the provisions of Section 19: A 260-acre tract including all of Lots 3, 4, 5, and 6 of Block 13, Range "J"; Lots 1, 2, 7, and 8 of Block 13, Range "K"; Lots 3, 4, 5 and 6 of Block 12, Range "J" and Lots 3 - 6, Block 11, Range "J"; and generally located on the Southwest corner of Hwy. 69 and Hwy. 365 SECTION 2. PERMITTED USES Use regulations for the "PD-1", Planned Development — 1 District permits uses as prescribed in Section 7 3 for: 1. All uses permitted in the "CR", Commercial Retail (formerly referred to as "LC", Light Commercial) District. 2. The 160-acre tract, including all of Lots 3, 4, 5, and 6, Block 13, Range "J" and Lots 1, 2, 7, and 8 of Block 13, Range "K," PALCO shall also allow the following "CG", Commercial General (formerly referred to as "HC," Heavy Commercial) uses: a. Warehousing b. Motor Freight Terminal c. Parking Lot— Trucks and Trailers d. Tire Retreading or Capping e. Manufacturing Laboratory f. Light Manufacturing and Assembly Processes g. Maintenance and Repair Services for Buildings h. Paint Shop 3. The 2.016-acre tract, including a portion of Lots 1 and 8, Tract 1, Block 13, Range "K", PALCO, T.&N.O RR CO., Survey No. 11, Abstract No. 243, shall allow for Land Use Type: Automobile Repair, Major." SECTION 3. DEVELOPMENT STANDARDS The coverage, off-street parking, off-street loading, and yards shall comply with the standards established in the 'CR" Commercial Retail LC", Light commercial District, for all light commercial/retail uses and in the "CG", Commercial General/"HC", Heavy Commercial District for all special heavy commercial uses. The height standards shall be in compliance with the Height Regulations for the "CR" Commercial RetailP'LC", Light Commercial District for all uses except that applicable approach zone height standards for the Jefferson County Airport shall be observed, as they may apply to the premises. Noise standards shall be those as established for Commercial Districts.