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Home My WebLink AboutP.O. 6080: ZONING DISTRICT CHANGE FROM AGRICULTURAL TO LIGHT COMMERCIALMemo To: Steve Fitzgibbons, City Manager and City Council From: Colleen. Russell, Planning Director Date: 4/29/2;010 Re: Z10-01-Zoning District Change from "A" (Agricultural) to "LC" (Light Comrriercial) REQUEST: T'he applicant, Doornbos Brothers, L.P., is requesting that a 7.27 acre tract out of Lots 2 & 7, Block 8, Range J (property located north of State Highway 73 and east of Highway 69), a 19.78 acre tract out of Lots 3 & 6, Block 8, Range J, and a 20.68 acre tract out of Lot 1, Block 8, Range L and Lots 1 through 4, Block 8, Range K (property located north of state highway 73 and west of highway 69) be rezoned from "A" (Agricultural) to "LC" (Light Commercial) for associated commercial uses (See Exhibit). BACKGROUND: T'he applicant proposes to market this area as "Pad" sites fora "Big Box" retail development further back on the property. Stand alone upscale retail, hotels and/or restaurant development will also be considered. Initially, billboards maybe considered. T'he business lots will require platting if any structure transverse the property lines. RECOMMENDATION: T'he, Planning and Zoning Commission recommended (5:0) approval of Z10-01 on April 5, 2010. They approval was accepted with a recommendation that the owners be held responsible for the cost of extending all utility services to the site, as well as the cost for drainage and vehicular access. Resolution No. 10-139 requested a public hearing for this case by City Council on the morning of May 18, 2010 at 9:00 a.m. PUBLIC COMMENT: F'our• (4) property owners were notified of the proposed zoning change. Speaking Protest - 0 Approval -1 (property owner) Written Protest - 0 Approval - 4 (including property owner) RECOMMENDATION: T'he Planning Commission approved the case with the recommendation of: The owners be held responsible for the cost of extending all utility services to the site, as well as the cost. for drainage and vehicular access. BUDGET/FISCAL EFFECT: NONE STAFFING/EMPLOYEE EFFECT: NONE SUMMARY: Z'he public hearing will allow for a decision for the owner to operate the proposed busi nesses a s well as the zoning change approval from "A" (Agricultural) to "LC" (Light Commercial). These uses will be in accordance with the updated Schedule of Use Chart (February 20:10). Respectf>al°[,y, ~ ~ ~ ~ ~I ~~ ~ t:olleen Ru~~sell, I Planning Diirector • Paye 2 P.O. N0.6080 05/03/10 CWR ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A ZONING CHANGE FROM AGRICULTURAL TO LIGHT COMMERCIAL FORA 7.27 ACRE TRACT OUT OF LOTS 2 & 7, BLOCK 8, RANGE J (PROPERTY LOCATED NORTH OF STATE HIGHWAY 73 AND EAST OF HIGHWAY 69), A 19.78 ACRE TRACT OUT OF LOTS 3 & 6, BLOCK 8, RANGE J, AND A 20.68 ACRE TRACT OUT OF LOT 1, BLOCK 8, RANGELAND LOTS 1 'THROUGH 4, BLOCK 8, RANGE K (PROPERTY LOCATED NORTH OF STATE HIGHWAY 73 AND WEST OF HIGHWAY 69), PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF' THIS ORDINANCE AND THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 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. Z10-01(DOORNBOS BROTHERS, L.P.) "A" AGRICULTURAL TO "LC" LIGHT COMMERCIAL WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance of the City of Port Arthur, Texas, including the Local Government Code, Sections 211.006 and 21]..007, having been fulfilled, the City Council held a public hearing May 18, 2010 at 9:00 A.M.; and, WHEREAS, the proposed change may be protested in accordance with subsection (d) of said section 211..006; and, WHEREAS, having received approval on April 5, 2010 from the Planning and Zoning Commission, 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 hereinafter described property; and, P.O. N0.6080 05/03/10 CWR PAGE 2 OF 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SEC7•ION ~ That a zoning change from "A" (Agricultural) to "LC" (Light Commercial) be approved for the following tracts of land: 7.2,7 ACRE TRACT OUT OF LOTS 2 & 7, BLOCK 8, RANGE J (PROPERTY LOCATED NORTH OF STATE HIGHWAY 73 AND EAST OF HIGHWAY 69), A 19,.78 ACRE TRACT OllT OF LOTS 3 & 6, BLOCK 8, RANGE J, AND A 20.68 ACRE TRACT OUT OF LOT 1, BLOCK 8, RANGELAND LOTS 1 THROUGH 4, BLOCK 8, RANGE K (PROPERTY LOCATED NORTH OF STATE HIGHWAY 73 AND WEST OF HIGHWAY 69), PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (EXHIBIT "A") SECTION, That the Building Official and the Director of Planning are authorized and directed to nnake 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. SECTIQj,I.~ 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. SECT1[Q~,~ All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. ~','I'ION.'~ 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 Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. P.O. N0.6080 05/03/10 CWR PAGE 3 OF 5 SECTION 6. Thiis ordinance or its caption and penalty shall be published at least one (1) time within ten clays after final passage hereof in the official newspaper of the City of Port Arthur. 'T'his Ordinance shall take effect immediately after the date of such publication. THAT a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of May, A.D., 2010, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: ATTEST: Mayor City Secretary P.O. N0.6080 05/03/10 CWR PAGE 4 OF 5 APPROVED AS 'I'O FORM: ,.~ .! a ,~~ ~= City Attorney !; APPROVED FOR. ADMINISTRATION: City Manager '-~~' ,~ ~ ~ ~, ~~~ ~._ Director of P.O. 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