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Home My WebLink AboutPO 6328: AMENDMENT TO THE ZONING ORD GRANTING A ZONING CHANGE FROM "SF" SINGLE FAMILY TO "LC" LIGHTCOMMERCIAL City of Port Arthur, Texas Planning & Zoning Division Memo To: Floyd T. Johnson, City Manager, Mayor and City Council From: Ronald Burton, Director of Development Services Date: September 11, 2013 Re: P.O. NO. 6328 (Z13-06) — 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 First Baptist Church to amend the Zoning Ordinance to grant a zoning change from Single Family to Light Commercial for a 6.531 -Acre Tract of Land out of Lot 5, Block 3, Range "F", Port Arthur Land Company Subdivision, City of Port Arthur. BACKGROUND: On August 5, 2013, the Planning and Zoning Commission voted unanimously to recommend approval for the requested change. The purpose of this request is to allow for future commercial development on the south eastern corner of Gulfway Drive and Stadium Road. Currently the other three (3) corners of the intersection are zoned for (LC) Light Commercial development. RECOMMENDATION On Monday, August 5, 2013, the Planning and Zoning Commission unanimously (4:0) recommended approval of Z13 -06 for the request to amend the Zoning Ordinance. PUBLIC COMMENT Twenty -seven (27) property owners were notified of the proposed zoning change. The following is a summary of responses received: Speaking (P&Z HEARING — 08/05/2013): Protest 0 (property owners within 200 feet of site) In Favor 1 (property owner) Written: Protest 1 (property owner within 200 feet of site) In Favor 3 (property owners within 200 feet of site) The City Council held a public hearing for this issue on Tuesday, September 3, 2013. The property owner spoke on behalf of the proposed change. BUDGET /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY Twenty -seven (27) notices were mailed to adjacent property owners within a 200 ft. radius. The Planning Staff received one (1) written response in opposition; three (3) written responses in favor; and no spoken opposition regarding the proposed development. Since there is only one (1) objecting property owner 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. 6328 09/11/2013 pdl ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM SINGLE FAMILY RESIDENTIAL (SF) TO LIGHT COMMERCIAL (LC) FOR A 6.531 -ACRE TRACT OF LAND OUT OF LOT 5, BLOCK 3, RANGE "F ", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR 15 PUNISHABLE AS PROVIDED IN CHAPTER 1, SECTION 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. Z13 -06 — FIRST BAPTIST CHURCH, OWNER SINGLE FAMILY RESIDENTIAL (SF) TO LIGHT COMMERCIAL (LC) WHEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance, of the City of Port Arthur, Texas, including the Texas Local Government Code, Sections 211.006 and 21 1.007, having been fulfilled, the City Council held a public hearing September 3, 2013 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 from Single - Family Residential (SF) to Light Commercial (LC) be approved, 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 to LC; and, WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas Local Government Code, Section 24 -105 of the City Zoning Ordinance requires, in order for the proposed change to take 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 THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the zoning for the following tract of land be changed from Single Family (SF) to Light Commercial (LC): A 6.531 -ACRE TRACT OF LAND OUT OF LOT 5, BLOCK 3, RANGE "F ", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS 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 P.O. No. 6322 09/11/2013 pol Page 2 of 4 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. That 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. 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 Chapter 1, 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. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten days after formal 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 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 _September A.D. 2013, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: Noes: Deloris "Bobbie" Prince, MAYOR ATTEST: Sherri Bellard, CITY SECRETARY P.O. No. 6322 09/11/2013 pdl Page 3 of 4 APPROVED AS TO FORM: Val Tizeno, CITY "TTO NEYI APPROVED FOR ADMINISTRATION: Floyd T. Johnson, CITY MANAGER •Vt Ronald Burton, DIRECTOR OF , V LOPMENT SERVICES P.O. 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