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Home My WebLink AboutPO 7262: AMENDMENT TO THE ZONING ORDINANCE ADDING A USE TYPE TO SECTION 2.3 OF THE PLANNED DEVELOPMENT 9 (PD-9) ORDINANCE (-Iry of or1 rtltut www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 16, 2024 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Aries R. Milo, Senior Planner- Planning &Zoning Division Cc: Pamela D. Langford, Development Services Director/Assistant City Manager— Operations RE: P.O. NO.7262—Amendment to the Zoning Ordinance adding a use type to section 2.3 of the Planned Development 9 (PD-9) ordinance. Introduction: The intent of this Agenda Item is to seek the City Council's approval for the amendment of Appendix A— Zoning of the Port Arthur Code of Ordinances, by approving the addition of a use type for approximately 1.286 acres of land consisting of Tract 2 of Lots 9 and 10, Block 165, City of Port Arthur, Jefferson County, Texas and Tracts 1 &2 of Lots 7 and 8, Block 165, City of Port Arthur[A.K.A. 2509 and 2545 Lakeshore Drive], Jefferson County, Texas for the operation of a "Professional Office" in a Planned Development 9 (PD-9) zoned district. Background: In accordance with Section 211.007 of the Texas Local Government Code, the Planning and Zoning Commission will hold a public hearing for this case August 19, 2024, as well as written notices were sent to each owner, before the 10th day of the public hearing, as indicated by the most recent approved municipal tax roll, or real property within 200 feet of the property on which the change in classification is proposed. On July 30, 2024, the City Council approved Resolution No. 24-312, calling for a public hearing in accordance with Section 211.006(a-1) of the Texas Local Government Code. City council will hold a public hearing on August 27, 2024 at 6:00 P.M. Per Appendix A, Section 3: Land Uses, providing an effective date of January 1, 2023, a " professional office" is prohibited in Planned Development-9 (PD-9) zoned district within the city limits. Per Appendix A,Section 6.03 of the City of Port Arthur Zoning Ordinance, any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the provisions of this ordinance. The Planning and Zoning Commission may, on its own motion or on request from the City Council, institute study and proposal for changes and amendments in the public interest. In accordance with chapter 211 of the Texas Local Government Code, a public hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. Notification of the hearing date and time was published in the official newspaper of the city, and mailed to adjacent property owners within a 200' radius a minimum of 15-days before the public hearing. Budget Impact: None Recommendation: It is recommended that City Council approve P.O. No 7262, amending Appendix A — Zoning of the Port Arthur Code of Ordinances, by approving the addition of a use type for approximately 1.286 acres of land consisting of Tract 2 of Lots 9 and 10, Block 165, City of Port Arthur, Jefferson County, Texas and Tracts 1 & 2 of Lots 7 and 8, Block 165, City of Port Arthur [A.K.A. 2509 and 2545 Lakeshore Drive], Jefferson County, Texas for the operation of a "Professional Office" in a Planned Development 9 (PD-9) zoned district. "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.7262 0811612024 ARM PAGE 1OF8 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY ADDING A USE TYPE TO SECTION 2(3) OF PERMITTED USES TO ALLOW THE LAND USE OF A"PROFESSIONAL OFFICE" ON 1.286- ACRES OF LAND CONSISTING OF TRACT 2 OF LOTS 9 AND 10, BLOCK 165, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND TRACTS 1 & 2 OF LOTS 7 AND 8, BLOCK 165, CITY OF 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. Z24-06 (A) City of Port Arthur 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 August 27, 2024 at 6:00 p.m.; and, WHERERAS, 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 2.05 (C) Planned Development District of the City's Zoning Ordinance; and, 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 will hold a public hearing for this case on August 19, 2024, as well as written notices were sent to each owner, before the 10th day before the hearing date, as indicated P.O.NO.7262 0 811 612 0 2 4 ARM PAGE2OF8 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, City Council held a public hearing for this case August 27, 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, in accordance with the Planned Development -9 (PD-9), Section 2.3 of the Port Arthur Code of Ordinances, a professional office shall be subject to the following conditions: (1) Use shall be located in a structure in existence on or before January 26, 1981; (2) The residential character of the exterior shall be maintained; (3) Required off-street parking shall be provided in the rear; (4) Specific Use Permit conditions may include requirements concerning (1) Hours of operation; (2) Fencing; (3) Signage; and (4) Landscaping; 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 proposed change could have been protested in accordance with Section 211.006(d) of the Texas Local Government Code; and, P.O.NO.7262 0811612024 ARM 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 the affirmative vote of three-fourths of all members of the City Council (i.e. at least six (6) members) if the proposed change is protested in writing and signed by the owners of at least 20% of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; 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 to include "Professional Office" as a conforming use in a Planned Development 9 (PD-9) District under Section 2(3) of permitted uses: TRACT 2 OF LOTS 9 AND 10, BLOCK 165 AND TRACT 1 & 2 OF LOTS 7 AND 8, BLOCK 165 CITY OF PORT ARTHUR [A.K.A. 2509 AND 2545 LAKESHORE DRIVE] PORT ARTHUR, JEFFERSON COUNTY, TEXAS Section 2. That the Building Official and the Director of 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. P.O.NO.7262 0811612024 ARM PAGE4OF8 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 $2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each day which violation is permitted to exist shall constitute a separate and distinct offense. Section 6. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. Section 7. That because this request has not been protested according to Section 24-105 of Appendix A — Zoning of the Port Arthur Code of Ordinances or 211.006 of the Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is not required for the adoption of this Ordinance. READ, ADOPTED AND APPROVED this day of August A.D., 2024 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: P.O.NO.7262 08/1612024 ARM PAGE 5 OF 8 NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APP -AS TO FOR Roxann Pais Cotroneo, City Attorney APPROVED FORA I I TION: Ronald "Ron" B , , City Manager (Pol(Aroe-/ • Pamela D. Langford, AssistatUCity Manager-Operations/ Director of Development Services P.O.NO.7262 08/16/2024 ARM PAGE 6 OF 8 EXHIBIT "A" P.O.NO.7262 08116/2024 ARM PAGE 7 OF 8 City of Port Arthur Development Services - Planning & Zoning Division Zoning Request Case #Z24-06 (A) /1/ 1 PRc 1ER I oft PROCTER :mar e . -:111`• 1 1 4 r4riA , • , , 4 tif.,„ „, _ . „A.t44,,,- . . , 444 toki ....kh-L. „.$ r..• .a,- _ UI 4- -. 4 ..-fir. i ' i �. 1 '' A, i , iiii, I As ill* Apr it.k ft 4TH, - tv _1 t • "&Z 44)111- T f. I _ hi. - f _40,11",-- _ ii as i 10111W' - . 4._ i , . _ sie - „,,,,KESKOR .. ».Jt °: . . .. _ , . 4 I , O 4 Feet 0 80 160 240 P.O. NO.7262 08/16/2024 ARM PAGE 8 OF 8 /• / • • ♦ I / ♦ • • • • / ♦ • • ♦ /. ` ♦ ♦ • I • ♦ / ♦ / ♦ ♦ ,� ♦ / ♦ ♦ ♦r ♦ ♦ ♦ , • • • • / ♦ ,