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Home My WebLink AboutPO 6450: ZONING ORDINANCE 36.0278 ACRES MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING To: Brian McDougal, City Manager, Mayor and City Council FROM: Ronald Burton, Director of Development Services DATE: March 1 1, 2015 RE: P.O. No. 6450 —Amendment to the Zoning Ordinance granting a change from Agricultural/Multi-Family to Light Commercial REQUEST: A request is being made on behalf of J.G. Realty & Investments, LLC to amend the Zoning Ordinance of the City of Port Arthur by changing the zoning from Agricultural (A) and Multiple Family (MF) to Light Commercial (LC) 36.0278 Acres of Land out of Lots 2 through 5, and 14 through 17, Block 8, Hillcrest Second Addition "Acres", Port Arthur, Jefferson County, Texas. BACKGROUND: On February 2, 2015, the Planning and Zoning Commission unanimously (4:0) recommended approval for the requested change. The purpose of this request is to allow for future commercial development. PUBLIC COMMENT: Nineteen (19) property owners were notified of the proposed change. The following is a summary of responses received: Speaking (P&Z HEARING—08/18/2014): 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 0 (property owners within 200 feet of site) BUDGET/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: On February 2, 2015, the Planning and Zoning Commission unanimously (4:0) recommended approval for the requested change. The purpose of this request is to allow for future commercial development. P.O.NO.6450 03/11/2015-PDL PAGE 1 OF 4 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM AGRICULTURAL (A) AND MULTIPLE FAMILY (MF) TO LIGHT COMMERCIAL (LC) FOR A 36.0278-ACRE TRACT OF LAND OUT OF LOTS 2 - 5 AND LOTS 14 - 17, BLOCK 8, HILLCREST 2ND ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS 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. Z15-01 — JG REALTY & INVESTMENTS, LLC AGRICULTURAL (A)/MULTI-FAMILY (MF) 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 March 17, 2015 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 Agricultural (A) and Multiple Family (MF) 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 Light Commercial "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 P.O.NO.6450 03/11/2015-PDL PAGE 2 OF 4 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 Agricultural (A) and Multiple Family (MF) to Light Commercial (LC): A 36.0278-ACRE TRACT OF LAND OUT OF LOTS 2 - 5 AND LOTS 14 - 17, BLOCK 8, HILLCREST 2ND ADDITION, 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 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. P.O.NO.6450 03/11/2015-PDL PAGE 3 OF 4 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 March A.D. 2015, 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 APPROVED AS TO FORM: \Cd Valecia "Va ' Tizeno, 'Sty Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Ronald "Ron" Burton, Director of Development Services P.O.NO.6450 03/11/2015-PDL PAGE 4 OF 4 Exhibit "A" c ii Tall- ,�:it , Id piti : , ': I @s $>\i 011,1'9 rd •illij it i I ;- oo ,�1 � `uit n ! s1. ;i! �hi =t;oil t 'j ` 111111 t� �$1}I� { { tqt ! ��j, V- , t I 74 L sI s i{ :' ;1 it 1 = % Di a p 1 1: 1, ig �I t it t a . tlA 1 iii 1 li:til%;11 1 i s'•{t % 11=r= i gii it x i s 'I)`'I 1 II ;¢iii ilai= ,s { i! $i 0i AIN ail?' i;4 I ILO Ii t it ii 1j Ii= ¢ Itt I ; i itis , ji i =,l i; a I, at — H {,S -,,,{ ist= 1Iis i) i 411/f9 I if i ,:i,_--.__._._. { FI'1'ih I1' ; .i t‘1,11:!,, + k1 == `I ► 11 '1.4 '' iii • 1 't s { _ I+ +i . 1 i{ :, 11 i;Iih a ;! idt rill , s ; {Il ill ,l�liif i j i I 3 i el {,�r,y�� { 1;11 I ..„..., 1� � ' °I r rtci,illlli k, I ,o e.- yi+ d — _ - - __ — __ — — __ __. __� __ _ __ �_ Z ,%- ! 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