The URL can be used to link to this page

Home My WebLink AboutPO 6173: ZONING CHANGE Z11-04 (GULF COAST HEALTH CENTER, INC) "SF" SINGLE FAMILY TO "LC" LIGHT COMMERCIAL CITY OF PORT ARTHUR PLANNING DEPT. M emo To: Steve Fitzgibbons, City Manager, Mayor and City Council From: Ronald Burton, Director of Planning Date: 9/13/2011 Re: P.O. NO. 6173; Z11 -04 — Amendment to the Zoning Ordinance granting a zoning change from "SF" Single - Family to "LC" Light Commercial. REQUEST The applicant — Gulf Coast Health Center, Inc. — is requesting that an amendment be made to the Zoning Ordinance granting a zoning change from Single - Family to Light Commercial for 2.066 acres of land consisting of Tract 1, Block 12, Boulevard Courts Addition (A.K.A. 2548 Memorial Boulevard), City of Port Arthur, Jefferson County, Texas. BACKGROUND: On June 23, 2011, an application was submitted to the Planning Division on behalf of the Gulf Coast Health Center requesting a zoning change for the said property. The purpose of this request is to uniformly extend "LC" Light Commercial zoning to the entire Block 12 for the operation and future developments of the organization. RECOMMENDATION The Planning and Zoning Commission recommended (3:0) approval of Z11 -04 on Monday, July 18, 2011 for the request to amend the Zoning Ordinance. A public hearing was held on Tuesday, September 6, 2011, by City Council. PUBLIC COMMENT Twenty (20) property owners were notified of the proposed zoning change. The following is a summary of the responses: SPEAKING (P&Z HEARING — 07/18/2011) Protest 0 (property owners within 200 feet of site) In Favor 0 (property owner) Written: Protest 0 (property owners within 200 feet of site) In Favor 0 (property owners within 200 feet of site) BUDGET /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY None of the twenty (20) persons owning property within 200 feet of the site disapproved of this request. Approval of the requested zoning ordinance amendment will uniformly extend "LC" Light Commercial zoning to the entire Block 12 for the operation and future developments of the Gulf Coast Health Center, Inc. Since there is no objecting property owners within 200 feet of the Tots for which rezoning is requested, an affirmative vote of three - fourths of City Council is not necessary for this zoning change to be approved. In other words, a simple majority vote of the Council is sufficient for approval of the zoning change. Attachments P.O. NO. 6173 09/13/2011- PDL ORDINANCE NO. _ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A ZONING CHANGE FROM SINGLE - FAMILY TO LIGHT COMMERCIAL FOR 2.066 ACRES OF LAND CONSISTING OF TRACT 1, BLOCK 12, BOULEVARD COURTS ADDITION, AKA 2548 MEMORIAL BOULEVARD, 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 SECTIONS 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. Z11 -04 (GULF COAST HEALTH CENTER, INC.) "SF" SINGLE - FAMILY TO "LC" LIGHT COMMERCIAL WHEREAS, all 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 September 6, 2011, 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 acceptance on July 18, 2011 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 as delineated in Exhibit "A "; and, WHEREAS, subsections (d) and (f) of Section 211:006 Local Government Code and Section 24- 105 of the City Zoning Ordinance 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 seven [7] 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, P.O. NO. 6173 09/13/2011- PDL PAGE 2 OF 6 WHEREAS, in this particular case, there have been no protests; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That a zoning change for "SF" Single - Family to "LC" Light Commercial be approved for the following tract of land: 2.066 ACRES OF LAND CONSISTING OF TRACT 1, BLOCK 12 BOULEVARD COURTS ADDITION A.K.A. 2548 MEMORIAL BOULEVARD CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS "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 Division, so as to reflect on said Map, the changes hereby made in conformity with the legend of said Map. SECTION 3. That in the event 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 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 General Provision — Section 1 -18 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. P.O. NO. 6173 09/13/2011- PDL PAGE 3 OF 6 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 zoning change has not been protested according to Section 24- 105 of the Zoning Ordinance or 211.006 of the Local Government Code, a simple majority vote of the City Council is sufficient to adopt this ordinance. READ, ADOPTED AND APPROVED this _ day of September A.D., 2011 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: MAYOR ATTEST: ACTING CITY SECRETARY P.O. NO. 6173 09/13/2011- PDL PAGE 4 OF 6 APPROVED AS TO FORM: ' / 7 / 1}/ e/ 1Th ) CITY ATTORNE APPROVED FOR ADMINISTRATION: CITY SAGER DIRECTOR OF P ANNING P.O. NO. 6173 09/13/2011- P01 PAGE 5 OF 6 EXHIBIT "A" ((u s. Nwv eB, oe 2 (200 RAW) — — — T N 48'47 W 300.00' (REFERENCE BEARING) Tii2 s Y EA4latiIr a so' 50' S0' 50' so' So' % - v N d PI r ili 0 0o ro E E. r G t / 3 1 i 6 ti 6 6 e. ) 2! P. 7.:, = 0 A : ti4ja ; 0 ; f 0 n 1g -• 0 , A A z �1 61 8 • 1 - • al l - 10' URUn EASEMENT VOL. 152, PAGE 20 x � "RLL1 _ D.R.LG O a2 CO 4 ! VOL.. � 2 pg 462. PAG0 °- 10 =WY EASEME.NI N g ZOQ�BLED m * � g - 9410 Q° *-�.1 , g 0 i" a 0 +? 1 m 0 Oa 0 q 8' irio � n 8 gr 10� - ,-- 1 1 6 0 i 50' 50' 50' lo' $ 413•4710° E 300.00' z • 0 T p . AVENUE EA - N (7o R.o.W.) x P) .?1 �x RP On P.O. NO. 6173 09/13/2011- PDL PAGE 6 OF 6 EXHIBIT "B" < , I ..... .L. 1 1 • .... .4. 7 8 9 I 0 = 25th St. -, (/) F C. D 7 ____. , I 6 49 9 , I 1 1 , _ ..,•-_,„ L.1..1 I 2 .....„ -14... 3 -.0 C I 0 ...,,, r■1 M F--_, ____ 2 I I 2 I TT _ i St. 24th St. 1 , ,,. 0 7 , 6 7 6 .,_ , 0 ,_ -f-- 11.1 IP" I < ■ 7-6- - I c --- 1 1 - 12 I ...,„ \ ...4„.„ , Amt., 1 I 7 T - - - - -- - - 1 -,- -