HomeMy WebLinkAboutPO 5486:Z04-10 (FIGUEROA)INTEROFFICE MEMORANDUM
DATE:
STEVE FITZGIBBONS, CITY MANAGER
DALE L. WATSON, DIRECTOR OF PLANNING
P.O. NO. 5486- ZONING ORDINANCE ~DMENT
zo4-1o W!GUEROA)
01/14/05
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5486 be denied.
This Ordinance would rezone the property on the east side of Wilson Ave. north of Hall Street from
Single F~mily Residential to Industrial.
BACKGROUND:
Th~ applicant proposes to Ol~n an auto salvago yard at this location~ Such a use would reqmm
Industrial zoning.
There is an existing legal nonconforming auto salvage yard located across the street from this
proposed location.
At its meeting on Monday, Ney,inbox 15, 2004, tbe planning ~md Zoning Commission ro~dmamonded
that this request be denied. They felt that the proposed rezoning was ianppropriato and would have a
negative impact on the area.
As a result of lbo Planning and Zoning Commission's recommendation, a minimum of sovan (7) votes
will be required to approve this zoning change.
BUDGETARY/FISCAL EFFECT:
None
STAFFING]EMI'LOYEE EFFECT:
SUMMARY:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5486 rozoning tho
property from Single Family to Industrial be denied.
P.O. NO. 5486
01/10/05 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY CHANGING Ti:rE ZONING
ON THE S210 FEET OF THE El50 FEET OF LOT 11, PEEK AND
TgW, El50 FEET OF LOT 23, PEEK, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS FROM TWO FAMILY
RESIDENTIAL TO INDUSTRIAL (VIOLATION OF TI-lIS
ORDINANCE OR THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR IS PUNISHAB1,E AS PROVIDED IN
SECTION 1-13 OF THE CODE OF ORDINANCES AS
AMENDED BY FINE NOT EXCEEDING TWO THOUSAND
[$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION
IN THlg OFHCIAL NEWSPAPER OF THlg CITY OF PORT
ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
(Z04-10 FIGUEROA)
WILSON 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 Government Code, Sections 211.006 and 211.007,
having been fulfilled, the City Council held a public hearing January 4, 2004 at 9:00 A.M.; and,
WHEREAS, the proposed change has not been protested in accordance with subsection (d) of
said Section 211.006; and,
WHEREAS, having received and considered the recommendation of the Planning and Zoning
Commission that the proposed change be denied, 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,
WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code,
Section 24-105 of the City Zoning Ordinance requkes, in order for the proposed change to take
P.O. NO. 5486
01/10/05
Page2 of 4
effect,,the affirmative vote of at least three-fourths of all members of the City Council (i,e., at least
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 ORDAINED BY TIlE CITY COUNCIL OF ~ CITY OF PORT ARTIII~
SECTION 1. That the zoning be and is hereby changed from Two Family; "2F" Residential to
Industrial; 'T' on the following tract of land:
S150' OF LOT 11 THE EAST 150' OF LOT 23,
PF~F,K ADDITION, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE EAST SIDE OF WILSON AVE.
NORTH OF HALL STREET
EXHIBIT "A"
SECTION 2. That the Building Official and the Director of Planning are authorized and
directed to 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 holding shall not
affect the validity of the remaining portions hereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed,
but only to the extent of such conflict.
P.O. NO. 5486
01/10/05
Page 3 of 4
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
Ordinances, and each day such violation shall be permitted to exist shall constitute a separate
offense.
SECTION 6. This Ordinance or its caption and penalty shall be published at least one (1) time
within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This
Ordinance shall take effect immediately after the d,te 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:
ATTEST:
MAYOR
CITY SECRETARY
P.O. NO. 5486
01/10/05
Page 4 o:[ 4
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
EXHIBIT "A"
LOCATION:
Wilson Avenue
LEGAL DESCRIPTION:
S210' of E150' of Lot 11 Peek and
E150' of Lot 23 Peek
Hall St.
APPLICANT:
Jesus Figueroa
APPLICANTS MAILING ADDRESS:
2640 Gulfway Dr
Port Arthur, TX 77640
PROPOSED CHANGE FROM
Two Family Residential
TO
Industrial
PROPOSED USE: Rezone to allow auto salvage yard.
APPROXIMATE AREA: Located on the east side of Wilson Avenue north
of Hall Street extending north approximately 900'.
LEGEND
Boundaries of
Proposed Change
ZBA Case No.
Z04-10
Scale:
Not to scale