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Home My WebLink AboutPO 6469: AMENDING THE ZONING ORDINANCE \. i City of . ... p 4, ott : c. INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: June 12, 2015 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services f44 RE: P.O. NO. 6469 — Amendment to the Zoning Ordinance granting a change from Light Commercial (LC) to Planned Development District - 33 (PD-33) Nature of the request: Dhanpaul & Brahaspati Persaud, residents of New York, have requested an amendment to the Zoning Ordinance of the City of Port Arthur to change the zoning from "LC" Light Commercial to "PD-33" Planned Development District - 33 for an area of about 1.8 acre of land consisting of all of Lots 2 — 6, Block 5 and Lots 1 — 5, Block 6, Gorman Place, City of Port Arthur, Jefferson County, Texas, also identified as 2601 21st Street. StaffAnalysis/Considerations: The current owner and a previous owner have said this property was used in the past to park heavy commercial vehicles and that businesses requiring Heavy Commercial zoning (HC) have been located there; however, an exhaustive search of past Zoning Ordinances shows that this property has been zoned for Light Commercial use since at least the early 1940s. A search of past aerial photographs shows that the property remained undeveloped until the late 1970s. Both the 1973 and 1989 zoning ordinances identified the land for LC use. The current owner bought the tract in 2007 but did not contact the city to determine the zoning. A dump truck company was buying the land from the requestors of this rezoning and a change in electrical account required a code inspection in 2014, at which "Remember we are here to serve the Citizens of Port Arthur" P.O. BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743 time the city electrical inspector discovered the land use in violation of the existing zoning. We notified the owner of record and explained that even if the property had been used for Heavy Commercial purposes, it has never been zoned in a way that would allow Heavy Commercial use. As such, any Heavy Commercial use was illegal, regardless if the City knew or did not know of the use. Also, any illegal use in violation of the Zoning Ordinance cannot be grandfathered. Past illegal use does not justify current or future illegal use. After the Planning & Zoning Commission recommended the rezoning be denied, the case was withdrawn. But the owners recently asked for the case to go before City Council. The owners wish to lease or sell the property to a heavy commercial category business that would need to park HC vehicles overnight and conduct undetermined types of Heavy Commercial land use. The property cannot be rezoned from Light Commercial (LC) to HC because it would constitute spot zoning since the tract is not adjacent to another HC-zoned district. The only way to allow the desired uses would be to create a Planned Development District (PD) with some guidelines to govern the land use in such a way as to prevent future undesired Heavy Commercial uses. Recommendation: On October 6, 2014, the Planning and Zoning Commission recommended that City Council deny the creation of PD-33, saying that the property's remote location would require Heavy Commercial vehicles to travel over residential streets,through an old, but legally non-conforming Mobile-Home Park. While the condition of the existing streets is not the worst in the city, the streets also are certainly not the best. Heavy Commercial vehicle traffic will certainly cause greater degradation of the roadways, thus requiring more repair. Planning staff also recommend denial of the requested zoning change. The Port Arthur City Council held a public hearing on Tuesday, June 9, 2015. Two (2)property owners spoke in opposition to the proposed change. Budget Consideration: None P.O.NO.6469 06/12/2015 PEB ORDINANCE NO AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT-33 [PD-33] ON LOTS 2 — 6, BLOCK 5 AND LOTS 1 — 5, BLOCK 6, GORMAN PLACE, 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 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. (Z14-11) DHANPAUL & BRAHASPATI PERSAUD 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 211.007, having been fulfilled, the City Council held a public hearing June 9, 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 be denied; and, WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code and Section 24-105 of the City Zoning Ordinance, the affirmative vote of at least three- fourths of all members of the City Council (i.e., at least seven [7] members) is necessary in order for the proposed change to be approved because the Planning and Zoning Commission has recommended the proposed change be denied; now,therefore, P.O.NO.6469 06/12/2015 PEB 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 at 2601 21St Street in the City of Port Arthur, Jefferson County, Texas be and the same is changed from the "LC" Light Commercial District to Planned Development District 33 (PD-33): LOTS 2—6, BLOCK 5, AND LOTS 1 —5, BLOCK 6, GORMAN PLACE, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED NORTH AND SOUTH OF 21ND STREET, EAST OF THE MOTIVA RESERVOIR, WEST OF EL PASO AVENUE AND NORTH OF THE KCS RAILROAD TRACT SECTION 2. That Planned Development 33 (PD-33) District shall allow land uses normally associated with the "HC"Heavy Commercial zoning district, and other such restrictions and denials as determined by the City Council: SECTION 3. That the Building Official and the Director of Development Services 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. P.O.NO.6469 06/12/2015 PEB SECTION 5. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. 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 [$2,000.00] Dollars as provided in Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 7. That this Ordinance or its caption and penalty shall be published at least one (1) time within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. SECTION 8. That because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes are required to adopt this Ordinance. READ, ADOPTED AND APPROVED this day of June A.D., 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: Mayor Councilmembers Noes Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary P.O.NO.6469 '" 06/12/2015 PEB APPROVED AS TO FORM: Alf i Valecia"Val" TizAttorney APPROVED FOR ADMINISTRATION: Brian McDougal, Cit !anger 4/4$P* Ronald"Ron" B rton, Director of Development Services