HomeMy WebLinkAboutPO 5509: PAISD STADIUM INTEROFFICE MEMORANDUM
TO, STEVE FITZGIBBONS, CITY MANAGER . .\
Vl~O~I: DALE L. WATSON, DIRECTOR OF PLANNING
P.O. NO. 5509 - ZONING ORDINANCE AMENDMENT
zo5-o2 (PAISO)
O~T~: 03/22/05
RECOMMENDATION:
The Planning and Zoning Commission will reconsider this request at their meeting on
March 28, 2005.
BACKGROUND:
The Planning and Zoning Commission had previously recommended that this request be
denied. The Port Arthur Independent School District subsequently made significant
changes in their proposal resulting in the City Council requesting that the Planning and
Zoning Commission reconsider their recommendation. Should the Planning and Zoning
Commission recommend that this request be approved Exhibit "B" will be presented at
the Council meeting.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
Thc Planning and Zoning Commission will reconsider this request at their meeting on
March 28, 2005.
P.O. NO. 5509
03/23/05 DEW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC
USE PERMIT FOR A PUBLIC STADIUM IN THE SINGLE
FAM1LY RESIDENTIAL ZONING DISTRICT, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS (VIOLATION OF THIS
ORDINANCE OR 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 FINE NOT EXCEEDING TWO THOUSAND
152,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT
ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
(Z05-02 PAISO)
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 March 15, 2005 at 7:00 P.M.; and,
WHEREAS, thc 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 thc Planning and Zoning
Commission that the proposed change bc approved, the City Council finds that it would be in the
public interest and general welfare of thc City to change thc 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 rcqnires, in order for thc proposed change to take
effect, the affirmative vote of at least three-fourths of all members of the City Council (i.e., at least
P.O. NO. 5509
03/23/05
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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That Specific Use Permit No. 191 be granted for a Public Stadium in the Single
Family, "SF" zoning district on the following tract of land:
58.95 ACRES OUT OF LOTS 6, 7 & 8, BLOCK 10, RANGE 'T',
PORT ARTHUR LAND COMPANY
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE WEST SIDE OF 9TM AVE. BETWEEN
STAFF SGT. LUCIAN ADAMS DR. AND THE 67TM STREET R.O.W.
EXHIBIT "A"
SECTION 2.. That this Specific Use Permit shall be subject to the mandatory conditions
attached as Exhibit "B":
SECTION 3. That the Building Official and the Director of Planning are authorized and
directed to make ail 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 4. If any section, subsection, sentence, clause, phrase or portion ofthis 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 5. All ordinances and parts of ordinances in conflict herewith are hereby repeaied,
but only to the extent of such conflict.
P.O. NO. 5509
03/23/05
Page 3 of 4
SECTION 6. 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 bc permitted to exist shall constitute a separate
offense.
SECTION 7. 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 aRer the date of such publication.
SECTION 8. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7)
votes are not required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of March, 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. 5509
03/23/05
Page 4 0£4
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PLANNING
Exhibit
O. No. 5509
SF PD--19
PD-3
MF
S-53
s-4 g 62 M'F
APPLICANT: LEGEND
Port Arthur Independent School Distdct
Boundaries of
APPLICANTS MAILING ADDRESS: P.O. Box 1388 prOposed Change
Port Arthur, TX 77641
PROPOSED SPECIFIC USE PERMIT FOR:
ZBA Case No.
Public Stadium
IN A Z05-02
Single Family Residential District
PROPOSED USE: New Memorial High School with Athletic Facilities Scale:
APPROXIMATE AREA: From Highway 69 to 9"~ Avenue and From Staff Not to scale
Sgt. Lucian Adams Drive to the 67"~ Street Right-of-Way,
EXHIBIT "B"
MANDATORY CONDITIONS
WILL BE DISCUSSED AT THE PLANNING AND ZONING
COMMISSION MEETING
AND WiLL BE PRESENTED TO THE CITY COUNCIL