HomeMy WebLinkAboutPO 6436: AMENDING THE ZONING ORD. DISTRICT 34 ON LOT 3, BLOCK 4, RANGE "I", PORT ARTHUR, LAND COMPANY SUBDIVISION, MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
To: John A. Comeaux, P.E., Interim City Manager, Mayor and City Council
FROM: Ronald Burton, Director of Development Services -
DATE: January 10, 2015
RE: P.O. No. 6436 - Amendment to the Zoning Ordinance by creating Planned
Development District 34 (PD-34) to the operation of a Wrecking and Auto
Salvage Yard
•
COMMENT:
Request:
A request is being made by Kenneth J. Mitchell to amend the Zoning Ordinance of the City of Port
Arthur by creating Planned Development District 34 (PD-34) on Lot 3, Block 4, Range "I", Port
Arthur Land Company Subdivision, also known as 2145 7th Avenue, Port Arthur, Jefferson County,
Texas.
Background:
On November 17, 2014, the Planning and Zoning Commission voted to recommend approval for
the requested change. The purpose of this request is to allow for the operation of a Wrecking
and Auto Salvage Yard. At this time, the property is zoned Heavy Commercial (HC), but Mr.
Mitchell's desired use as a Wrecking and Auto Salvage Yard is only allowed in an Industrial (I)
zoned district. The tract cannot be rezoned to Industrial because that would constitute "spot
zoning," which state law does not allow since the property is not adjacent to an Industrial-zoned
area. The only way to allow Mr. Mitchell to operate a Wrecking and Auto Salvage Yard is to
create a Planned Development District with strict guidelines that would only allow the Wrecking
and Auto Salvage Yard use and not any other Industrial district uses.
Public Comment:
Twenty-three (23) property owners were notified of the proposed zoning change. The following
is a summary of responses received:
SPEAKING:
In Favor 1 (Property Owner)
In Opposition 0 (Property Owners with 200 FT. of site)
WRITTEN:
In Favor 0 (Property Owners within 200 FT. of site)
In Opposition 0 (Property Owners within 200 FT. of site)
The Port Arthur City Council held a public hearing on January 6, 2015 at 6:00 p.m. regarding the
above request. No property owner within the mandatory 200 Ft. radius spoke in favor nor in
opposition of this request.
Budget/Fiscal Effect:
None
Staffing/Employee Effect:
None
Summary:
The Planning and Zoning Commission voted to recommend approval for the requested change.
The purpose of this request is to allow for the operation of a Wrecking and Auto Storage Yard.
The Commission included in its recommendation a list of specific guidelines to restrict the allowed
use to only a Wrecking and Auto Salvage Yard. Those guidelines are as follows:
❑ Use of property as a Wrecking and Auto Salvage Yard and no other industrial
use;
❑ Car crushing activities allowed only one (1 ) day a month by use of mobile car
crushing equipment trucked onto the site by a semi-tractor trailer;
❑ Salvage Yard will not be open to the general public as a retail salvaged parts
outlet; instead, the salvaged parts shall be trucked from the site for wholesale
elsewhere;
❑ Site cannot be used to buy metals for recycling from either businesses or the
general public;
❑ Property must be enclosed by a screening fence meeting the requirements stated
in City Code Section 18-457 (b);
❑ Hours of operation will be Monday thru Saturday from 7:00 a.m. to 5:00 p.m.
P.O.NO.6436
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ORDINANCE NO
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT
34 ON LOT 3, BLOCK 4, RANGE "I", PORT ARTHUR LAND COMPANY
SUBDIVISION, 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 ($2,000.00] DOLLARS); AND PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF
PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION
DATE.
(Z14-10) KENNETH J. MITCHELL
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
21 1 .007, having been fulfilled, the City Council held a public hearing January 6, 2015, at 6:00
P.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 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, pursuant to subsections (d) and (f) of Section 211 .006 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 if the City's Planning and Zoning Commission recommends that the proposed
change to a regulation or boundary be denied; now therefore,
P.O.NO.6436
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That the zoning designation on the following tract of land located in the City
of Port Arthur, Jefferson County, Texas be and the same is changed from the Heavy Commercial
District to Planned Development 34 (PD-34) District:
LOT 3, BLOCK 4, RANGE "I",
PORT ARTHUR LAND COMPANY SUBDIVISION
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
LOCATED SOUTH OF 22ND STREET,
WEST OF 7TH AVENUE AND NORTH OF THE
KCS RAILROAD TRACT
EXHIBIT "A"
SECTION 2. That Planned Development 34 (PD-34) District shall be created subject to the
following conditions related to the operation of a Wrecking and Auto Salvage Yard:
a. Specifically permit use of property as a Wrecking and Auto Salvage Yard and no
other Industrial use;
b. Permit car crushing activities to only one (1) day per month by use of mobile car
crushing equipment trucked onto the site by a semi-tractor trailer;
c. Prohibit a retail salvaged part outlet open for retail sale to the general public;
salvaged parts shall be trucked from the site for wholesale elsewhere;
d. Prohibit the purchase of metals for recycling from either businesses or the general
public;
e. Property must be enclosed by a screening fence meeting the requirements stated in
City Code Section 18-457 (b);
f. Hours of operation shall be no more than Monday through Saturday from 7:00 a.m. to
5:00 p.m.
SECTION 3. That the Building Official and the Director of Development Services are
P.O.NO.6436
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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 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 of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, district, 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
repealed, but only to the extent of such conflict.
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 be 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 after 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 January A.D., 2015 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
Mayor
P.O.NO.6436
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Councilmembers
Noes
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia "fe T o, City Al"Riney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E., Interim City Manger
Ronald "Ron" Burton, ►i4ctor of Development Services
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EXHIBIT "A"
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