HomeMy WebLinkAboutPO 5487:Z04-11 (DANIELS)INTEROFFICE MEMORANDUM
STEVE FtTZGtBBONS, CITY MANAGER
DALE L. WATSON, DIRECTOR OF PLANNt!xtG
P.O. NO. 5487 - ZONING ORDINANCE AMENDMENT
zo44~ ~ANmLS)
0t/14/05
RECOMMENDATION:
The Pta~ing and Zoning Commission recommends that Proposed Ordinance No, 5487
be denied, This Ordinance would rezone the property at 6124 Ray Ave. from Single
Family Residential to Light Commercial.
BACKGROUND:
TheappF~ca~ proposes to sell antklues from a stm'nge building located on the front of her
[~Ot~~ at this address.
At its-meeting cra Monday, December 6, 2004, the Planning and Zoning Commission
recommended that this request he denied. They felt that the proposed rezoning would
have a nega6ve ~m,na~t on the area.
As a-resutt of the Plarming and Zoning Co,m~zio~'z reunra~ a minimum of
~ver} (7) votes wilt be required toapprove this zo~aing change.
BUDGETARY/FISCAL EFFECT:
STAFI*~~YEE
None
StYM[MARY:
The Planning and Zoning Commission recomme~s that Proposed Ordinance No. 5487
rezoning the property at 6124 Ray Ave. from S'mgle Family Io Light CommercAal be
ORDINANCE NO.
P.O. NO. 5487
01/10/05 DLW
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY CHANGING THE~ ZONING
ON LOT 13, BLOCK 4, C.IL COX ADDITION, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS FROM SINGLE FAMILY
RESIDENTIAL TO LIGHT COMMERCIAL (VIOLATION OF
THIS ORDINANCE OR THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN
SECTION 1-13 OF ~ CODE OF ORDINANCES AS
AMENDED BY 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.
(Z04-11 DANIELS)
6124 RAY AVE.
WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the
City of Port Arthur, Texas, including the Local Govemmant Code, Sections 211.006 and 211.007,
having be~n fulfilled, the City Council beld a public hearing January 4, 2004 at 9:00 A.M.; and,
WHEREAS, the proposed change has not be~ protested in accordance with subs~fion (d) of
said Section 211.006; and,
WHEREAS, having received and considered the recommendation of thc Planning and Zoning
Commission that the proposed change be denied, thc City Counci~ finds that it would be in thc
public interest and general welfare of the City to change the Zoning designation of the hereinafter
described pretty; and,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code,
Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change to take
~Te~t, the aW-~rmativ¢ vote of at le~ast three-fourths of all members of the City Council (i.¢., at least
P.O. NO. 5487
01/10/05
Page 2 of 4
seven [7] 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 ORDAINEB BY ~ CITY COUNCIL OF ~ CITY OF PORT ARTItLrR:
SECTION 1, That the zoning be and is hereby changed from Single Family; "SF" Resident'iai
to Light Commercial; "LC" on the following tract of land:
LOT 13, BLOCK 4, CH COX ADDITION,
PORT ARTHUR,
JEFFERSON COUNTY. TEXAS
LOCATED ON THE EAST SIDE OF RAY AVE.
220 FF.F.T SOUTH OF NORMA STREET
EXHIBIT "A"
SECTION iL That the Building Official and the Director of Planning are authorized and
directed ~o 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. 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 hold'rog shall not
affect the validity of the remaining portions hereof.
SECTIO~ 4. All ordinauces and parts of ordinances in conflict herewith are hereby repealed,
but only to the extent of such conflict.
SECTION 5. 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
P.O. NO. 8487
0HI0/0S
Page 3 of 4
Ordinances, and each day such violation shall be permitted to ex/st shall constitute a separate
offense.
SECTION 6, 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, Because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes are
required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this __. day of January, A.D., 2005 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR
COUNCILMEMBERS
NOES:
A'FrEST:
CITY SECRETARY
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
P.O. NO. 5487
01/10/05
Page 4 of 4
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PLANNING
EXHIBIT "A'
LOCATION:
6124 Ray Avenue
LEGAL DESCRIPTION:
Lot 13, Block 4, C H Cox Addition, City of Port Arthur,
Texas
North
APPLICANT:
Edith Darlene Daniels
APPLICANTS MAILING ADDRESS:
6124 Ray Avenue
Port Arthur, TX 77640
PROPOSED CHANGE FROM
Single Family
TO
Light Commercial
PROPOSED USE: Rezone to allow selling antiques from her residence.
APPROXIMATE AREA: Located on the east side of Ray Avenue
approximately 220' south of Norma Street.
LEGEND
Boundades of
Proposed Change
ZBA Case No.
Z04-11
Scale:
Not to scale