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Home My WebLink AboutORD 6414: AMENDING THE ZONING ORDINACE, SPECIFIC USE PERMIT 223 (SUP #223) (Z14-05-P.I. DOCK FACILITIES, LLC) 2500 SOUTH DR. MARTIN LUTHER KING, JR. DRIVE SUP #223 INTEROFFICE MEMORANDUM TO: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER AND CITY COUNCIL FROM: RONALD BURTON, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: P.O. NO. 6414 — REQUEST FOR SPECIFIC USE PERMIT (SUP# 223) TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF NEW DIESEL AND CRUDE STORAGE FACILITIES AS PART OF THE NEW VALERO DOCK TERMINAL. DATE: 9/22/2014 BACKGROUND: A specific use permit is being requested for 108.00-acres of land out of a 1,364-acre Tract called Tract 8, Abstract No. 954, Pleasure Island, Port Arthur, Texas (formerly the Bethlehem Steel dry Dock). The property is at 2500 South Dr. Martin Luther King, Jr. Drive, Port Arthur, TX. This property is located in an Industrial Zoned District. The purpose of this request is to allow for the construction and operation of new diesel and crude storage facilities as part of the New Valero Dock Terminal. Applicant—P.I. Dock Facilities, LLC RECOMMENDATION: On Monday, August 18, 2014, the City of Port Arthur Planning and Zoning Commission held a public hearing to discuss the above mentioned case. In a vote of 4:0, the Commission is recommending approval of this request for Specific Use Permit — 223 (SUP #223). The City Council held a public hearing for this issue on Tuesday, September 16, 2014. No members of the audience rose to comment either for or against the proposal. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: A specific use permit is being requested for 108.00-acres of land out of a 1,364-acre Tract called Tract 8, Abstract No. 954, Pleasure Island, Port Arthur, Texas (formerly the Bethlehem Steel dry Dock). P.O.NO.6414 09/22/2014—PDL Page 1 of 5 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT 223 (SUP #223) TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF NEW DIESEL AND CRUDE TANK STORAGE FACILITIES IN AN INDUSTRIAL ON ABOUT 108.00 ACRES OF LAND OUT OF A 1,364-ACRE TRACT CALLED TRACT 8, ABSTRACT NO. 954, PLEASURE ISLAND, 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 [$2,000] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z14-05 — P.I. DOCK FACILITIES, LLC) 2500 SOUTH DR. MARTIN LUTHER KING, JR. DRIVE SUP # 223 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 21 1.007, having been fulfilled, the City Council held a public hearing September 16, 2014 at 6:00 p.m.; and, WHEREAS, the proposed change may be 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 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; 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 P.O.NO.6414 09/22/2014—PDL Page 2 of 5 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, WHEREAS, in this particular case, one (1 ) property owner, accounting for less than 20% of the area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, protested this request, therefore, a three-fourths affirmative vote of all members of the City Council is not needed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Specific Use Permit No. 223 be granted to allow for the construction and operation of new diesel and crude storage facilities in the Industrial "I" District on the following tract of land: 108.00 ACRES OF LAND OUT OF A 1,364-ACRE TRACT CALLED TRACT 8, ABSTRACT NO. 954, PLEASURE ISLAND, 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. 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. 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) Dollars as provided in Section 1 -13 of the Code P.O.NO.6414 09/22/2014—PDL Page 3 of 5 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 (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. Because Section 24-105 of the Zoning Ordinance does not apply, three- fourths majority vote (seven (7) votes) will not be required to adopt this Ordinance. READ, ADOPTED AND APPROVED this day of September A.D., 2014 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: Valecia "Val" Tiz o, City ttorney P.O.NO.6414 09/22/2014—PDL Page 4 of 5 APPROVED FOR ADMINISTRATION: John A. 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