HomeMy WebLinkAboutPO 6451: ZONING ORDINANCE 3.800 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
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DATE: March 11, 2015 \\
RE: P.O. No. 6451 —Amendment to the Zoning Ordinance granting a change from
Agricultural to Light Commercial
REQUEST:
A request is being made on behalf of Park Central West, LTD to amend the Zoning Ordinance of
the City of Port Arthur by changing the zoning from Agricultural (A) to Light Commercial (LC)
3.800 Acres of Land part of Lots 6 and 7, Block 12, Range "L", Port Arthur Land Company
Subdivision, Port Arthur, Jefferson County, Texas.
BACKGROUND:
On February 16, 2015, the Planning and Zoning Commission unanimously (4:0) recommended
approval for the requested change. The purpose of this request is to allow for the construction
and development of Tractor Supply Company.
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 0 (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 16, 2015, the Planning and Zoning Commission unanimously (4:0) recommended
approval for the requested change. The purpose of this request is to allow for the construction
and development of Tractor Supply Company.
P.O.NO.6451
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) TO
LIGHT COMMERCIAL (LC) FOR 3.800 ACRES OF LAND PART OF LOTS 6 AND
7, BLOCK 12, RANGE "L", 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 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.
Z15-02 — PARK CENTRAL WEST, LTD.
AGRICULTURAL (A) 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) 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.6451
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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) to
Light Commercial (LC):
3.800 ACRES OF LAND PART OF LOTS 6 AND 7, BLOCK 12,
RANGE "1", 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 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.
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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:
11/x.
Valecia "V.. ' eno, 1 y Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
Ronald "Ron" Burton, Director of Development Services
P.O.NO.6451
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