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Home My WebLink AboutPO 6455: ZONING FROM TWO-FAMILY RES. TO PLANNED DEVELOPMENT DISTRICT NO. 36 P. 0. No . 6455 03/27/15 vrt ORDINANCE NO. AN ORDINANCE RESCINDING ORDINANCE NO. 13-32 AS IT PERTAINS TO THE CHANGING OF THE ZONING FROM TWO-FAMILY RESIDENTIAL (2F) TO PLANNED DEVELOPMENT DISTRICT NO. 36 (PD-36) FOR A 15 .25 ACRE TRACT OF LAND OUT OF THE LAMBERT ADDITION SUBDIVISION, VOLUME 5, PAGE 28 , M.R.J. C . , CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, BEING Z13-04 (REQUESTED BY COUNCILMEMBER LEWIS) . WHEREAS, on July 9, 2013, the City Council authorized Ordinance No. 13-32 amending to the City' s Zoning Ordinance related to a 15 . 24 acre tract of land out of the Lambert Addition Subdivision; and WHEREAS, with regard to the July 9, 2013 zoning change, the City Council received and considered the recommendation of the Planning and Zoning Commission that the proposed change from Two - Family Residential (2F) to Multi- Family Residential (MF) be approved (a copy of the minutes containing the Planning and Zoning Commission' s recommendation dated April 15, 2013, is attached hereto as Exhibit "A"; and WHEREAS, the City Council held a public hearing May 28, 2013 at 6P.M. with regard to the change; and WHEREAS, with regard to the July 9, 2013 zoning change„ all of 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 211 . 007, were fulfilled; and s.p06455 WHEREAS, it has been requested by Councilmember Lewis that Ordinance No. 13-32 be rescinded. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct. Section 2 . That Ordinance No. 13-32 is herein rescinded. Section 3 . 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 4 . 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 5 . That all ordinances and parts of ordinances in conflict herewith are hereby repealed; but, only to the extent of such conflict . s.po6455 Section 6 . 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 Section 1 -14 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. Section 7 . That this Ordinance or its caption and penalty shall be published at least one (1) time within ten (10) 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 8 . That because Section 24 -105 of the Zoning Ordinance does not apply, seven (7) votes are not required to adopt this Ordinance. Section 9 . That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A. D. , 2015, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor City Council NOES : s.po6455 MAYOR ATTEST: CITY SECRETARY SEE MEMORANDUM -Not approved as to legal form CITY ATTORNEY Not approved as to administration CITY MANAGER s.po6455 Exhibit "A" trl f MINUTES CITY OF PORT ARTHUR Opk PLANNING AND ZONING COMMISSION MONDAY, APRIL 15, 2013, 5:30 P.M. REGULAR SESSION CITY HALL - 5TH FLOOR CONFERENCE ROOM ROLL CALL The Planning and Zoning Commission met in Regular Session on Monday,April 15,2013 at 5:30 p.m. in the City Council Chamber, City Hall, with the following members present: Chairman Fernando Ramirez;Commissioners: Inell Moore,Alma LeBlanc,Richard Cox and Norris Simon Staff present:Paul Brown,Senior Planner and Pamela Langford,Administrative Aide II. REGULAR MEETING A. R13-05 - REPLAT APPROVAL REQUESTED FOR - TRACT 11-A. BLOCK 5, 0.9162 ACRE OF LAND, 6331 WEST PORT ARTHUR ROAD._REPLAT OF PART OF LOTS 10 AND 11, BLOCK 5, PORT ACRES, CITY OF PORT ARTHUR. JEFFERSON COUNTY, TEXAS (PROPERTY LOCATED SOUTH OF 63RD STREET AND WEST OF WEST PORT ARTHUR ROAD) The Chairman introduced the above-mentioned replat request. Senior Planner,Paul Brown,gave an overview of the above-mentioned request. The Commission opened the meeting to hear from anyone present in the audience who wished to speak regarding the above-mentioned request: Speaking For:None Speaking Against:None B. Z13-04 - ZONING DISTRICT CHANGE REQUESTED FOR - 3501 12TH STREET. 15.25 ACRE TRACT OF LAND OUT OF THE LAMBERT ADDITION SUBDIVISION. VOL. 5. PAGE 28. M.R.J.C., CITY OF PORT ARTHUR. JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED NORTH OF 12TH STREET BETWEEN 6TH AND 8TH AVENUE) The Chairman introduced the above-mentioned zoning district change request. Senior Planner,Paul Brown,gave an overview of the above-mentioned request. The Commission opened the meeting to hear from anyone present in the audience who wished to speak regarding the above-mentioned request: Speaking For: Chris Akbari,ITEX Group,3735 Honeywood Court,Port Arthur, TX 77642 Seledonio "Cele"Quesada,Executive Director,Port Arthur Housing Authority, 920 DeQueen Boulevard,Port Arthur, TX 77640 Jeff Hayes,4101 Turtle Creek Drive,Port Arthur, TX 77642 Ike Akbari,ITEX Group,4424 Markwood Court,Port Arthur, TX 77642 Cade Spell,3820 Blackberry Lane,Port Arthur, TX 77642 Clark Colvin,ITEX Group,3735 Honeywood Court,Port Arthur, TX 77642 Page I 1 Speaking Against: Reginald Trainer,3514 12th Street,Port Arthur, TX 77642 Effrain Avendano,3342 13th Street,Port Arthur, TX 77642 Harriett Collins,3518 12th Street,Port Arthur, TX 77642 Sue Dartez,3330 12th Street,Port Arthur, TX 77642 Miyoko Sharp,3334 12th Street,Port Arthur, TX 77642 Upon the motion of R. Cox, seconded by A. LeBlanc and carried unanimously, the Planning and Zoning Commission closed the Public Hearing. III. ITEMS REQUIRING ACTION A. APPROVAL OF REPLAT REQUEST R13-05 Senior Planner,Paul Brown,recommended that Replat request R13-05 be approved. The motion was made by A. LeBlanc, seconded by N. Simon to accept the Planning Staffs recommendation to approve Replat request R13-05. Voting Yes:All Voting No:None B. APPROVAL OF REQUEST FOR ZONING DISTRICT CHANGE Senior Planner, Paul Brown, recommended that request for Zoning District Change Z13-04 be approved. The motion was made by R. Cox, seconded by L Moore to accept Planning Staffs recommendation to approve request for Zoning District Change Z13-04. Voting Yes:All Voting No:None Abstain:F.Ramirez and A.LeBlanc The motion was made by R. Cox, seconded by A. LeBlanc to accept the Planning Staffs recommendation to approve site plan request S13-02. C. S13-02 -SITE PLAN APPROVAL REQUESTED FOR-TOWNE PLACE SUITES.2.198 ACRES OF LAND CONSISTING OF TRACT 5, BLOCK 12. RANGE"J". PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, IEFFERSON COUNTY,TEXAS(PROPERTY LOCATED SOUTH OF F.M.HIGHWAY 365 AND EAST OF MEDICAL CENTER DRIVE) Senior Planner,Paul Brown,recommended that site plan request S13-02 be accepted. The motion was made by L Moore, seconded by A. LeBlanc to accept the Planning Staffs recommendation to accept site plan request S13-02. Voting Yes:All Voting No:None Page 12 C. MINUTES-MARCH 18,2013 Upon the motion of R. Cox, seconded by N. Simon and carried unanimously, the Planning and Zoning Commission approved the above-mentioned minutes as presented. D. STAFF REPORTS 1. City Council approval of Z13-01 (SUP#214) 2. City Council approval of Z13-03 (SUP#218) E. ADJOURNMENT OF MEETING Upon the motion by I.Moore,seconded by N.Simon and carried unanimously,the Planning and Zoning Commission adjourned its meeting. -•Sr,414 Fernando Ramirez Ronald Burton Chairman Secretary to t • Commission Minutes Approved: 61 ti / 2 013 Page 13