HomeMy WebLinkAboutPO 7234: AMENDMENT TO THE ZONING ORDINANCE CHANGING THE ZONING FOR 1428 AUSTIN AVE AND 501 13TH STREET i
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING & ZONING
INTEROFFICE MEMORANDUM
Date: March 28, 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. 7234 — Amendment to the Zoning Ordinance of the City of Port
Arthur changing the zoning for 1428 Austin Avenue and 501 13th Street.
Introduction:
This Agenda Item intends to seek the City Council's approval of P.O. NO. 7234,
amending the Zoning Ordinance of the City of Port Arthur by changing the zoning from
Medium Density Residential (MDR) (formerly referred to as Two-Family "2F") to a
Planned Development District (PD-43) for approximately 0.7245-Acre of Land
consisting of Tracts 5-A and 7-A, Block 498, Port Arthur, Jefferson County, Texas.
The properties are physically located at 1428 Austin Avenue and 501 13th Street.
The Purpose of this request is to change the zoning to allow for the continued use of a
warehouse for construction materials at 501 13th Street and the re-development of a
wrecker service (former location of Ballou's Wrecker Service) at 1428 Austin Avenue.
The wrecker facility is proposed to have in-door vehicle storage and office space.
Background:
On or around January 19, 2024, Soutex Surveyors and Engineers representatives
submitted a completed and notarized application on behalf of Vivian Ballou and Dinh
Nguyen, owners of the aforementioned properties, requesting a zoning change to allow
for the legal conformity of the proposed uses at said locations.
Planning Staff scheduled a public hearing with the City's Planning and Zoning
Commission, in which public notices were mailed to property owners within a 200-feet
"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
radius of the proposed sites on February 14, 2024, and published in the Port Arthur
Newspaper on February 17, 2024.
In accordance with Section 211.007(b) of the Texas Local Government Code, the
Planning and Zoning Commission held a public hearing on March 4, 2024, inviting
citizens to express their support or opposition to the zoning request.
After hearing the said case, the Commission voted 3:0, recommending the request be
denied based on the following concerns:
The property is adjacent to a Medium Density Residential (MDR) zoned district.
On February 27, 2024, the City Council approved Resolution No. 24-058, calling for a
public hearing in accordance with Section 211.006(a-1) of the Texas Local Government
Code. The City Secretary's Office published the public notice in the Port Arthur
Newspaper on March 9, 2024, as well as prepared and mailed notifications to adjacent
property owners on March 12, 2024.
A public hearing was conducted by the City Council on Tuesday, March 26, 2024, at
10:00 a.m. CST., where several community members verbally voiced their opinions on
the said request. The following is a listing of community members who attended the
public hearing and their position regarding the request:
• Number of Petitioners: 07
• Verbal Opposition: 04
• Verbal Support: 03
(property owner(s), relative,
owner's representative)
Findings:
The properties located at 1428 Austin Avenue (legally described as Tract 5A, Block
498) and 501 13th Street (legally described as Tract 7A, Block 498) were zoned as
Industrial ("I") in accordance with the City's previous zoning map dated August 7, 1989.
The properties remained in the Industrial district until the City's Current Zoning
Ordinance was adopted on July 5, 2022 (Ordinance No. 22-49), changing the property
zoning to Medium Density Residential.
The change was made part of the overall comprehensive study and recommendations
provided by the City's Planning and Zoning Commission based on public input and
concerns surrounding the intermingling of residential and commercial/industrial uses.
Boundary lines were re-drawn in areas in which these concerns existed and were
presented to the City Council for review and consideration.
Public notices were published in the municipality's official newspaper, on the city
website and government channel, on social media sites, and distributed through
"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
municipal water bills. Citizens were informed of potential changes that potentially could
affect their areas and public input was solicited.
This process encompassed the entire city by this being a comprehensive change;
therefore, individual notices were not mailed to property owners regarding specific
changes.
Notices and hearings were conducted in accordance with Local and State Laws and
reviewed by the City's Land Use Consultants (i.e., Freese and Nichols, Inc.) and Legal
Representatives (i.e., Olson & Olson) to ensure that the City was in full compliance with
said regulations.
At the time of the change, the existing warehouse was developed and operated as such;
therefore, its use is grandfathered as long as it exists and continuously operates as
such. However, in the case of a catastrophic event that declares the structure to be
substantially damaged or destroyed, the property owner would be required to come into
compliance with the City's current zoning regulations, therefore requiring a re-zoning or
relocation of services.
No additional commercial structures existed on the said Tracts of Land, nor were there
any active uses associated with an automobile wrecker or storage facility; therefore, the
proposed use does not meet the criteria of grandfathering and is required to obtain
approval for re-zoning if developed at said location.
Budget Impact:
None
Recommendation:
It is recommended that the City Council approve P.O. NO. 7234, amending the Zoning
Ordinance of the City of Port Arthur by changing the zoning from Medium Density
Residential (MDR) (formerly referred to as Two-Family "2F") to a Planned Development
District (PD-43) for approximately 0.7245-Acre of Land consisting of Tracts 5-A and 7-
A, Block 498, Port Arthur, Jefferson County, Texas.
The properties are physically located at 1428 Austin Avenue and 501 13th 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.7234
03/28/2024 pdl
PAGE 1 OF 11
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY CHANGING THE ZONING FROM MEDIUM
DENSITY RESIDENTIAL (MDR) TO PLANNED DEVELOPMENT
DISTRICT — 43 (PD-43) ON APPROXIMATELY 0.7245-ACRE OF LAND
CONSISTING OF TRACTS 5-A AND 7-A, BLOCK 498, 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.
Z24-01 — VIVIAN BALLOU/DINH NGUYEN
WHEREAS, in accordance with Appendix A, Section 24-100 of the City of Port
Arthur Zoning Ordinance, Vivian Ballou and Dinh Nguyen, being the owners and having
a proprietary interest in the real property consisting of approximately 0.7245-Acre of Land
consisting of Tracts 5-A and 7-A, Block 498, 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 March 26, 2024, at 10:00 a.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 the Appendix A, Sections 3.03 and 2.03 (D) of the City's Zoning Ordinance; and
WHEREAS, in accordance with Section 211.007 of the Texas Local Government
Code and Section 6.03 of the City's Zoning Ordinance, the Planning and Zoning
P.O. NO.7234
03/28/2024 pol
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Commission held a public hearing for this case on March 4, 2024, 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 "Denial" 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 March 26, 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 2.03 (D) 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
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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 three-fourths (3/4) majority (6 votes) 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
Medium Density Residential (MDR) District to Planned Development District — 43 (PD-
43):
0.7245-Acre of Land consisting of
Tracts 5-A and 7-A, Block 498,
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.
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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
$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 been protested according to Section
211.006(f) of the Texas Local Government Code and Section 6.03 of Appendix A—Zoning
of the Port Arthur Code of Ordinances, a three-fourths (3/4) majority (6 votes) is required
for the adoption of this Ordinance.
READ, ADOPTED, AND APPROVED this day of April A.D., 2024, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
votes: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
Thurman Bill Bartie, Mayor
P.O. NO.7234
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ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
tif Ata--
VL
J.: Black, Esq., Interim CityAttorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, CPM, City Manager
Pamela D. Langford, Assistant City Manager— Operations/
Director of Planning & Development Services
P.O. NO.7234
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EXHIBIT "A"
P.O. NO.7234
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PLANNED DEVELOPMENT DISTRICT - 43
SECTION 1: STATEMENT OF PURPOSE
The purpose and intent of this Planned Development District is to permit the
development of automobile storage, wrecker services, and storage/warehousing in a
medium-density residential district.
SECTION 2: STATEMENT OF EFFECT
The Planned Development District shall not affect any regulation found in the City
of Port Arthur Code of Ordinances, Ordinance No. 22-49, as amended, except as
specifically provided herein.
SECTION 3: AREA
That the zoning designation of the following described tracts of land be and the
same is hereby zoned "PD-43", Planned Development — 43 District under the provisions
of Section 6.06:
0.7245-Acre of Land consisting of Tracts 5-A and 7-A, Block 498, Port
Arthur, Jefferson County, Texas.
SECTION 4: GENERAL REGULATIONS
All regulations of the "MDR" Medium Density Residential District set forth in
Appendix A, Section 3 of the City of Port Arthur Code of Ordinances (Ordinance No. 22-
49), as amended, are included by reference, except as otherwise specified by this
ordinance.
SECTION 5: SPECIFIC REGULATIONS
A. Permitted Uses: All uses of the "MDR" Medium Density Residential District shall
be permitted. In addition, the following "CG", Commercial General uses shall be
permitted.
1. Auto Storage or Wrecker Service
2. Automobile Parts Sales
3. Storage/Warehousing
B. Minimum Exterior Construction Standards, Building Materials and Design
1. A compatible architectural framework shall exist to express individual building
sites and/or tenant character. All buildings shall be finished on all sides in a
compatible architectural concept and shall not detract from adjacent property.
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2. Color schemes shall reflect a certain quality and expression consistent with the
architectural character and design of the structure. Accent colors may be used
to identify architectural features or highlight details.
3. Each commercial building, complex of buildings, or separate commercial
business enterprises shall have a trash bin on the premises adequate to handle
the trash and waste items generated, manufactured, or acquired thereon by
such commercial activities. The sorting, handling, moving, storing, removing,
and disposing of all waste materials must be housed or screened from public
view.
4. Building roofs shall be designed and constructed to prevent water ponding and
shed water in a reasonable amount of time. Built-up roofs and roof-top items,
which include equipment, piping, flashing, and other items, shall be maintained
for the continuity of the roof's appearance.
C. Height Regulations: The height standards shall be in compliance with the Height
Regulations for the "MDR" Medium Density Residential District.
D. Density, Coverage, Parking, and Loading Regulations: The density, coverage, off-
street parking, off-street loading, height, and yards shall comply with the standards
established in the "MDR" Medium Density Residential District and in the "CG"
Commercial General District for all special heavy commercial uses otherwise
authorized herein or on the Comprehensive Site Plan or development plan
approved by the Planning and Zoning Commission.
E. Noise Standards: Noise standards shall be those established for Commercial
Districts for nonresidential and Residential districts for residential uses.
F. Privacy Screening: Privacy screening will be required in accordance with
applicable sections of the Port Arthur Code of Ordinances.
G. Special Requirements: Auto Storage or Wrecker Service shall be developed in
accordance with Chapter 114, Article IV. —Wreckers of the City of Port Arthur Code
of Ordinances.
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