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HomeMy WebLinkAboutPO 6499: RESCINDING ORD 13-32, ALSO KNOW AS EDISON SQUARE (REQUESTED BY COUNCILMEMBER LEWIS) P. O. No. 6499 11/19/15 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 ALSO KNOWN AS "EDISON SQUARE" (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 known as "Edison Square"; 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 a copy of the Ordinance is attached hereto as Exhibit "B") ; and WHEREAS, on October 11, 2013, a lawsuit requesting a Declaratory Judgment and Temporary Injunction was filed in the 172nd District Court regarding this issue. On September 8, 2015, the Court granted the City' s Plea to the Jurisdiction and dismissed all claims against the City. On September 9, 2015, a Notice of Appeal was filed by the Plaintiff and the matter was later transferred to s.p06499 the 13th Court of Appeals of the State of Texas where the matter is currently pending. The Appellant' s brief is due on December 7, 2015 . WHEREAS, it has been requested by Councilmember Lewis that Ordinance No. 13-32 be rescinded.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 That Ordinance No. 13-32 is herein rescinded.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.po6499 Section 6. 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 : . MAYOR ATTEST: CITY SECRETARY SEE MEMORANDUM CITY ATTORNEY CITY MANAGER s.po6499 Exhibit "A" MINUTES CITY OF PORT ARTHUR OPle 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 H. 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, IEFFERSON 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, 7X 77642 Clark Colvin,ITEX Group,3735 Honeywood Court,Port Arthur,TX 77642 Page 11 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 I. 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"1".PORT ARTHUR LAND COMPANY SUBDIVISION.CITY OF PORT ARTHUR.JEFFERSON COUNTY.TEXAS(PROPERTY LOCATED SOUTH OF F.M.HIGHWAY 365 AND EAST OF MEDICAL CENTER DRIV) Senior Planner,Paul Brown,recommended that site plan request S13-02 be accepted. The motion was made by I. Moore, seconded by A. LeBlanc to accept the Planning Staffs recommendation to accept site plan request 513-02. 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. '1111k• NN. ernando Ramirez Ronald Burton Chairman Secretary to t - Commission Minutes Approved: S/v/ 2 013, Page 13 Exhibit " B " P.O. No. 6322 06/16/2013 peb Amended 07/10/2013 pdl Amended 07/12/2013 peb ORDINANCE NO. iY(519> AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING 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 (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN CHAPTER 1, SECTION 113 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. Z13-04 - PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, OWNER; PORT ARTHUR HOUSING AUTHORITY, POTENTIAL OWNER; AND ITEX GROUP, LLC, POTENTIAL DEVELOPER AND CONTRACTOR. 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 211.007, having been fulfilled, the City Council held a public hearing May 28, 2013 at 6 P.M.; and, WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Texas Local Government Code and Section 24-105 of the City Zoning Ordinance, 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) is required if the proposed change is protested in accordance with said subsection (d) or the City's Planning and Zoning Commission recommends that the proposed change to a regulation or boundary be denied; and, WHEREAS, having 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, 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 PD-36, which is a Planned Development District as delineated in Section 19 of the Zoning Ordinance; and; now, therefore, P.O. No. 6322 06/16/2013 peb Page 2 of 4 Amended 07/10/2013 pdl Amended 07/12/2013 peb 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 Two-Family (2F) to Planned Development District No. 36 (PD-36): 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 SECTION 2. That Planned Development District No. 36 shall permit the following uses: 1. Multi-Family development consisting of townhomes joined by common walls. 2. Said development meeting all requirements of City Building, Fire, Safety and Health Codes. 3. That all development shall meet or exceed those standards listed in the zoning ordinance for a Multi-Family District, and the following development and appearance standards, which has been established by the City Council including landscaping that is aesthetically pleasing and that which conforms to the existing neighborhood. 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. P.O.No. 6322 06/16/2013 peb Page 3 of 4 Amended 07/10/2013 pdl Amended 07/12/2013 peb SECTION 5. That a 11 ordinances and parts of ordinances in conflict herewith are hereby repealed; but, only to the extent of such conflict. SECTION 6. That a ny 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. �.i READ, ADOPTED AND APPROVED this 1 Qday of July, 2013, a Regular Meeting of the City Co Ancil of t h e City of Port Arthur, Texas by the following votes: AYES: Mayor: IWWL & >✓ m Councilmembers: Jegaz 4/hP4Ai amoi i' av'n v 9_ Noes: 4,,ovincjfinpimipADJeat L� P.O. No. 6322 06/16/2013 peb Page 4 of 4 Amended 07/10/2013 pdl Amended 07/12/2013 peb /)/ Deloris "Bobbie" Prince, MAYOR ATTEST: 1111W 4Sherr' Bellard, CITY SECRETARY APPROVED AS TO FORM: see attached memo Val Tizeno, CITY ATTORNEY APPROVED FOR ADMINISTRATION: 03 NNW OPP Floyd . Johns. , CITY MANAGER Pe" Ronald Burto ..IRECTOR OF PLANNING • Port Arthur News/Orange Leader Tuesday,July 23,2013 Public Notices Public Notices Public Notices `t+ ORDINANCE NO.13-32 An Otdinance)Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Two-Family Residential (2F) To Planned Development District No. 36(PD-36) For A 15.24-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 (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. Z13-04—Port Arthur Independent School District,Owner;Port Arthur Housing Authority, Potential Owner,And ITEX Group, LLC,Potential Developer And Contractor READ, ADOPTED AND APPROVED on this the 9th day of July, 20.1141,„*YR Litar Meeting of the City Council of the Cityof Port • Arthur,Texas,by the following vote: i t AYES: Mayor Frince; Mayor Pro Tern Williamson, Councilmember Se6113t'Al6right•and Freeman. NOES tto ncil t mbers Scott,Troy and Lewis. • Y ”: •' :•� /s/Deloris Prince Mayor ATTEST: /sf Kelly Moore, Assistant4City Secretary EFFECTIV ,A E: July 20,2013 .