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Home My WebLink AboutPO 6239: REZONING SINGLE FAMILY TO LIGHT COMMERCIAL - Z12-03 City of Port Arthur, Texas Planning & Zoning Division Memo To: John A. Comeaux, P.E., Acting City Manager, Mayor and City Council From: Ronald Burton, Director of Planning Date: May 30, 2012 Re: P.O. NO. 6239 (Z12 -03)- Amendment to the Zoning Ordinance granting a zoning change from "SF" Single Family to "LC" Light Commercial. REQUEST A request is being made on behalf of Texan Singh, Inc. to amend the Zoning Ordinance granting a zoning change from Single Family to Light Commercial for 0.2410 acre of land consisting of part of Lot 5, Block 4, Range "H ", Port Arthur Land Company Subdivision, City of Port Arthur. BACKGROUND: On April 16, 2012, the Planning and Zoning Commission voted unanimously to accept the requested change. The purpose of this request is to allow for the restoration of a Convenience store and the sale of gas on the northeast corner of Lombardy Drive and 9th Avenue. RECOMMENDATION On Monday, April 16, 2012, the Planning and Zoning Commission unanimously (4:0) recommended approval of Z12 -03 for the request to amend the Zoning Ordinance. PUBLIC COMMENT Seventeen (17) property owners were notified of the proposed zoning change. The following is a summary of responses received: Speaking (P &Z HEARING - 04/16/2012): Protest 0 (property owners within 200 feet of site) In Favor 0 (property owners within 200 feet of site) Written: Protest 0 (property owners within 200 feet of site) In Favor 1 (Sandra Figueroa, 2310 Lombardy Drive) The City Council held a public hearing for this issue on Tuesday, May 29, 2012. No members of the audience rose to comment either for or against the proposal. BUDGET /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY None of the seventeen (17) persons owning property within 200 feet of the site disapproved of this request. Since there are no objecting property owners within 200 feet of the lot for which rezoning is requested, an affirmative vote of three - fourths of City Council is not necessary for the approval of this zoning change. In other words, a simple majority vote of the Council is sufficient for this zoning change to be approved. Attachments P.O. NO. 6239 05/30/2012- RB/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 0.2410 ACRE OF LAND CONSISTING OF PART OF LOT 5, BLOCK 4, RANGE "H ", 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 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. Z12 -03 "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 May 29, 2012, 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 April 16, 2012 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, in the event of a protest, subsections (d) and (f) of Section 211:006 Local Government Code and Section 24 -105 of the City Zoning Ordinance would be 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. 6239 05/30/2012- RB/PDL Page 2 of 5 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: 0.2410 ACRE OF LAND CONSISTING OF PART OF LOT 5, BLOCK 4, RANGE "H" PORT ARTHUR LAND COMPANY SUBDIVISION 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. 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. P.O. NO. 6239 05/30/2012- RB/PDL Page 3 of 5 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 June A.D., 2012 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: DELORIS "BOBBIE" PRINCE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: iAg/■i VAL TIZEN 0, CITY ATTORNEY P.O. NO. 6239 05/30/2012- RB/PDL Page4of5 APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E., ACTING CITY MANAGER Fla . RONALD BU' ' • N, DIRECTOR OF PLANNING P.O. NO. 6239 05/30/2012- RB/PDL Page 5 of 5 EXHIBIT "A" . 1. >„ 1 :r \ \ \ , ,.. \ - K \ \ . . . . \ \ \ .. ' .4iiik,. g am' 4\ e� r \ \, E ' Fe \\ r � �, 0 I I ri 1 �' il§ t ■ v - • r l t g r 5I' 1111. �fi � M1C ,11 1' 54 21 f 8 / ■ I g 'R "' f r� //yy fi Pt VJ � ! i \ i i I r F . ; ._ n 4 11.11f I \ . ~ ,:' ■ ;I AA b ,,o I I i�� N _gym 111W I $ 9 RS _ I, I - 22 .. xi Pi. t