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Home My WebLink AboutPO 7213: CHANGING THE ZONING ON AN APPROXIMATELY 4.00-ACRE TRACT OF LAND IN THE PORT ACRES SUBDIVISION nrt rflrrrr www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: January 19, 2024 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 RE: P.O. NO. 7213 —An Ordinance changing the Zoning on an approximately 4.00-acre Tract of Land in the Port Acres Subdivision Introduction: This agenda item intends to seek the City Council's approval of P.O. NO. 7213 to change the zoning from Low-Density Residential "LDR" (formerly referred to as Single Family "SF") to Commercial Retail "CR" (formerly referred to as Light Commercial "LC") on approximately 4.00-acre Tract of Land being part of Port Acres and consisting of Lot 8, Block 12, Port Acres Subdivision, Port Arthur, Jefferson County, Texas (Property is located at 2689 65th Street). The purpose of this request is to allow for the renovation of an existing commercial structure, formerly operating as Gaspard's Nursing Home, to convert into an Extended Stay Hotel. Background: The applicant attended a pre-development meeting on September 13, 2023, to discuss the proposed development. Representatives of the development were informed by Planning Staff, per Section 3.03, of the City of Port Arthur Zoning Ordinance, that the use type (i.e., hotel/motel) is prohibited in the current zoning designation (Low-Density Residential), requiring a rezoning of the property. Representatives acknowledged the requirement at the meeting and stated that they would apply for a zoning change. The applicants were provided additional information on how to proceed with this request. "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 A completed application was filed with the Planning and Zoning Commission on or around November 13, 2023, requesting a zoning change for the abovementioned property. The zoning change would allow the extended stay hotel to operate as a legally conforming use on the property. Public Notices were published in the Port Arthur Newspaper on November 18, 2023, and mailed to property owners within a 200-foot radius of the property on November 17th. The P&Z Commission held a public hearing on December 4, 2023, inviting citizens to express their support or opposition to the request. The Planning and Zoning Commission voted 4:0, recommending the request's approval. On November 28, 2023, the City Council approved Resolution No. 23-514, calling for a second public hearing. The City Secretary's Office published the public hearing in the December 30, 2023, Port Arthur Newspaper and prepared and mailed notifications to adjacent property owners on January 9, 2024. The City Council conducted a public hearing on January 16, 2024, at 6:00 p.m. Several members of the community provided verbal statements of opposition. The following is a listing of community members who verbally voiced their opinions on the said request: Planning and Zoning Commission Meeting (12/4/2024): • Statements of Opposition (Written): 00 • Number of Petitioners (opposing): 00 • Verbal Opposition: 00 • Verbal Support (property owner): 00 • Letters Returned as non-deliverable: 00 City Council Public Hearing (01/16/2024): • Statements of Opposition (Written): 00 • Number of Petitioners (opposing): 00 • Verbal Opposition: 04 • Verbal Support (property owner): 01 • Verbal Opposition (following the public hearing): 01 • Letters Returned as non-deliverable: 00 Budget Impact: None Recommendation: It is recommended by the City's Planning and Zoning Commission that the City Council approve P.O. NO. 7213, to change the zoning from Low-Density Residential "LDR" (formerly referred to as Single Family "SF") to Commercial Retail "CR" (formerly referred to as Light Commercial "LC") on approximately 4.00-acre Tract of Land being part of Port Acres and consisting of Lot 8, Block 12, Port Acres Subdivision, Port Arthur, Jefferson County, Texas (Property is located at 2689 65th Street). "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.7213 01/19/2024-pol PAGE 1 OF 8 RESOLUTION NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL RETAIL ON APPROXIMATELY A 4.00-ACRE TRACT OF LAND BEING OUT OF PORT ACRES, AND CONSISTING OF TRACT 2, LOT 8, BLOCK 12, PORT ACRES SUBDIVISION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE NOT EXCEEDING $2,000.00, AS PROVIDED IN CHAPTER 1, SECTION 1-13 OF THE CODE OF ORDINANCES, AND EACH DAY WHICH VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z23-09 — FARHAN KHOKHAR WHEREAS, in accordance with Appendix A, Section 6.03(A) of the City of Port Arthur Zoning Ordinance, Farhan Khokhar, being the owner and having a proprietary interest in the real property consisting of approximately a 4.00-acre Tract of Land being out of Port Acres, and consisting of Tract 2, Lot 8, Block 12, Port Acres Subdivision, Port Arthur, Jefferson County, Texas, has petitioned the City Council for a change or amendment to the zoning of said property; and WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and Appendix A — Zoning of the City of Port Arthur Code of Ordinances, including Sections 211.006 and 211.007 of the Texas Local Government Code, having been fulfilled, the City Council held a public hearing January 16, 2024, at 6:00 p.m.; 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 Appendix A, Sections 3.03 and 2.04 (B) of the City's Zoning Ordinance; and P.O. NO. 7213 01/19/2024-pdl PAGE 2 OF 8 WHEREAS, in accordance with Section 211 .007 of the Texas Local Government Code, and Section 6.03(D) of the City's Zoning Ordinance, the Planning and Zoning Commission held a public hearing for this case on December 4, 2023, as well as written notices were sent to each owner, before the 10th day before the hearing date, as indicated by the most recent approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed; and WHEREAS, the Planning and Zoning Commission recommended "Approval" of this request; and WHEREAS, in accordance with Section 211.006(a) of the Texas Local Government Code and Section 5.02 of the City's Zoning Ordinance, the City Council held a public hearing for this case on January 16, 2024. Official notice of the time and place of the hearing was published in the official newspaper of the City of Port Arthur before the 15th day of said hearing; and, WHEREAS, the Port Arthur City Council has reviewed this proposed Ordinance and finds that it would be in the public interest and general welfare of the city, 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 Appendix "A", Section 2.04 (B) of the City's Zoning Ordinance; and WHEREAS, the proposed change could have been protested in accordance with Section 211,006(d) of the Texas Local Government Code; and P.O. NO.7213 01/19/2024-pdl PAGE 3 OF 8 WHEREAS, Section 211 .006(d)(f) of the Texas Local Government Code and Section 6.03 of Appendix A-Zoning, of the Port Arthur Code of Ordinances, are applicable for the proposed change to take effect; and WHEREAS, these laws require a simple majority vote of all members of the City Council; 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(s) of land located in the City of Port Arthur, Jefferson County, Texas, be and the same is changed from the Low-Density Residential (LDR) District to the Commercial Retail (CR) District: 4.00-acre Tract of Land being part of Port Acres and consisting of Tract 2, Lot 8, Block 12, Port Acres Subdivision, Port Arthur, Jefferson County, Texas EXHIBIT "A" Section 2. That the Building Official and the Director of Planning & Development Services are authorized and directed to make all necessary changes to the official "Zoning Map, City of Port Arthur, Texas," on file in the offices of Inspections and Permitting and the Planning and Zoning Divisions, 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 shall be guilty of a misdemeanor and shall be punished by a fine not exceeding P.O. NO.7213 01/19/2024-pdl PAGE 4 OF 8 $2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each day which violation is permitted to exist shall constitute a separate and distinct offense. Section 6. That this 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 because this request has not been protested according to Section 6.03 of Appendix A — Zoning of the Port Arthur Code of Ordinances or 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 January, A.D.2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.O. NO.7213 01/19/2024-pdl PAGE 5 OF 8 APPROVED AS TO FORM: Cid-ea ei'L kkku-K4)? Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: "Ron" Bu n, City M ger na a,k,,,,z • r ,..,fx-P Pamela D. Langford, Assistan" t City Manager-Operations/ Director of Development Services P.O.NO.7213 01/19/2024-pdl PAGE 6 OF 8 EXHIBIT "A" Yi.., �, ,4; �' ?g .I a ifi ;;;rli Jr 4 ,:1 �t:ir• ;i x 4 0 t P ' r Ni , i ..5. tT.� . 41` I _ 14 — ;r-�0 ill 1 i1 � . _ ' li 11 'ii is _ d I Pm : 1 o' rr-r� i ��. tsq i I'r, 4'1 i 6 M I ! /14 4 *.‘ ,Iii: ! ''' P.':? ',/''': 30‘ 114 IN!' 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