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HomeMy WebLinkAboutPO 6583: CHANGING THE ZONING FORM SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NO. 36 FOR 3248 PROCTER STREET INTEROFFICE MEMORANDUM TO: CITY MANAGER BRIAN MCDOUGAL, CITY COUNCIL&RON BURTON,DIRECTOR OF DEVELOPMENT SERVICES FROM: PAUL BROWN, SENIOR PLANNER SUBJECT: P.O. 6583—REZONING OF 3248 PROC 1'hR ST. DATE: 09/13/2016 During and following the public hearing on Tuesday, August 23, 2016 at 6 p.m., City Council members requested that the proposed ordinance for rezoning the above listed property should establish a Planned Development District that would include some specific limitations on how the rezoned location can be used in the future. As such, P.O. 6583 would create Planned Development District No. 36 (PD-36) that would allow some of the land uses normally associated with the Neighborhood Service (NS) zoning designation, but will specifically not allow the following uses: 1. Any drive-through foodservice or restaurant facility 2. Any non-drive through restaurant, foodservice or coffee shop requiring more off- street parking than can reasonably fit on the original lot. 3. Any large office or retail facility that would serve more than 5 customers or visitors at any one time. 4. Bank, savings&loan, or credit union 5. Convenience store 6. Drugstore or pharmacy 7. Gaming or gambling machine facility (such as 8-liners and the like) 8. Laboratory, scientific and research facility 9. Mortuary or funeral home. 10. Package store (retail liquor sales) 11. Pawn shop 12. Studio,health, reducing or similar service The following is a list of uses that would be allowed as long as the above limitations are followed; however, if the Council so wishes, one or more of the following could be added to the above list of uses that are not allowed: 1. Auto parts an accessory sales (indoor display only) 2. Antique shop 3. Art gallery 1 4. Art supply store 5. Small bakery and confectionary shop (retail) 6. Beauty shop or barber shop 7. Book or stationary store or newsstand 8. Small cleaning, pressing and dry cleaning shop (pick up only of items processed at another location) 9. Custom personal service shop 10. Clinic, medical, dental or doctor's office 11. Florist or garden shop 12. Greenhouse or plant nursery 13. Handcraft shop and art objects 14. Hardware store or hobby shop 15. Incidental or accessory retail and service repair 16. Key shop 17. Laboratory,medical and dental, medical appliances and fittings, sales or rental 18. Offices, small general business and professional 19. Restaurant or foodservice - non drive-through type with restrictions on size & number of customers at one time 20. Self-service laundromat or washateria 21. Small studio - music, dance or drama 22. Travel bureau or consultant The Council may add any of the above allowed uses to the list of uses not allowed. Councilmembers need only to add items to the not-allowed list before the proposed ordinance is approved. Similarly, if any further restrictions are wanted, they can be added to the list in the P.O. The property for which the zoning change has been requested currently has a paved area on the side and rear of the building that will provide off-street parking space for four or five vehicles. By my rough estimate, about seven (7) or eight (8) additional parking spaces could be paved on the lot. If these parking places are paved, the Zoning Ordinance would allow a non-drive through restaurant or foodservice facility (such as a coffee shop or non-alcohol smoothie establishment) could provide seating for 39 patrons,based on the off-street parking space requirement of one space for each three (3) seats in the restaurant or facility. The owner,Troy Hatch,has not indicated that he wants to enlarge the parking area, but any restrictions or denied uses the Council wishes should take the possibility into consideration. Mr. Hatch did say that he might want to open a smoothie operation to attract patrons from the new dormitory at the Lamar State College - Port Arthur campus. Any development of this nature would no doubt include an increase in off-street parking spaces, so the Council ought to take note of such possibilities when considering what types of land use should be allowed or denied in this proposed planned development district. 2 P.O.NO.6583 09/20/2016-PEB PAGE 1 OF 5 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING FROM SINGLE-FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT No. 36 FOR 3248 PROCTER STREET. (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. 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 on Tuesday August 23, 2016 at 6:00 P.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 in the Zoning Ordinance be in the form of a Planned Development District that would allow some uses normally associated with the Neighborhood Service (NS) district, as enumerated below, the City Council finds that it would be in the public interest and general welfare of the City to add such information as delineated in much the same way as shown in Exhibit"A;" and, WHEREAS, pursuant to subsections (d) and (I) of Section 211.006 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 subsection (d) or if P.O.NO.6583 09/20/2016-PEB PAGE 2 OF 6 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 designation on the following tract of land located in the City of Port Arthur, Jefferson County, Texas be changed from a Single-Family Residential District to Planned Development District No. 36 (PD-36): A 0.2032 ACRE OF LAND CONSISTING OF THE NORTH 75' OF A RESERVED TRACT, ALLIEN PLACE [A.K.A. 3248 PROCTER STREET) PORT ARTHUR,JEFFERSON COUNTY,TEXAS LOCATED ON THE SOUTH SIDE OF PROCTER STREET BETWEEN EMORY LANE AND ALLIEN PLACE. SECTION 2. That the Building Officials 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 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. P.O.NO.6583 09/20/2016-PEB PAGE 3 OF 6 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. 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 September A.D. 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: Noes: Derrick Ford Freeman, Mayor A I"I'EST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Vitit Valecia"Val' izeno, ity Attorney P.O.NO.6583 09/20/2016-PEB PAGE 4 OF 6 APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Ronald "Ron" Burton, Director of Development Services P.O.NO.6583 09/20/2016-PEB PAGE 5 OF 6 Exhibit "A" P.O.NO.6583 09/20/2016-PEB PAGE 6 OF 6 Exhibit"A" At the direction of the Planning and Zoning Commission and the City Council, this zoning change for Planned Development District No. 36 will allow many of the uses normally associated with the Neighborhood Services zoning district, but will specifically not allow the following uses: 1. Any drive-through foodservice or restaurant facility 2. Any non-drive through restaurant, foodservice or coffee shop requiring more off-street parking than can reasonably fit on the original lot. 3. Any large office or retail facility that would serve more than 5 customers or visitors at any one time. 4. Bank, savings&loan, or credit union 5. Convenience store 6. Drugstore or pharmacy 7. Gaming or gambling machine facility (such as 8-liners and the like) 8. Laboratory, scientific and research facility 9. Mortuary or funeral home. 10. Package store (retail liquor sales) 11. Pawn shop 12. Studio, health, reducing or similar service