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HomeMy WebLinkAboutPO 6682: AMENDING ZONING ORDINANCE TO INCLUDE CHANGES SPECIFIC TO GAME ROOMS 4 City of ort rthu — Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 13, 2018 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager ilk From: Ronald "Ron" Burton, Director of Development Services •= 4 RE: P.O. NO. 6682—An Ordinance amending Sections 7-100, 8,22-100,and 26-100 of the Zoning Ordinance to include changes specific to game rooms. Introduction: The intent of this Agenda Item is to request that City Council approve the proposed amendment to Appendix A. Zoning of the Port Arthur Code of Ordinances to include changes to Section 7- 100.-Schedule of Uses; Section 8.-Parking and Loading Regulations; Section 22-100. -Special Conditions; and Section 26-100. -Definitions as it relates to the development and use of gaming rooms (sites) in the City of Port Arthur. Background: In accordance with Article XI of the Charter and the Zoning Ordinance of the City of Port Arthur, including Texas Local Government Code, Sections 211.006 and 211.007,the City Council held a public hearing on August 15, 2017 at 6:00 p.m. There were no responses (verbal/non-verbal) in opposition to the proposed change. Budget Impact: None Recommendation: It is recommended that City Council City Council approve proposed changes to Appendix A. Zoning of the Port Arthur Code of Ordinances to include Schedule of Uses,Parking and Loading Regulations, Special Conditions and Definitions associated with the development of gaming rooms (sites) in the City of Port Arthur. 1 P.O.NO.6682 03/02/2018 PDL PAGE 1 OF 9 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY AMENDING SECTIONS 7-100, 8, 22-100, AND 26-100 TO INCLUDE CHANGES TO THE SCHEDULE OF USES, PARKING AND LOADING REGULATIONS, SPECIAL CONDITIONS, AND DEFINITIONS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE IS PUNISHABLE AS PROVIDED IN SECTION 1- 13 OF THE CITY CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND I$2,0001 DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER THE PUBLICATION DATE; AND PROVIDING FINDINGS OF FACT. GAME ROOM ADDITIONS TO APPENDIX A: ZONING ORDINANCE WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance of the City of Port Arthur, Texas, including Local Government Code, Sections 211.006 and 211.007, having been fulfilled,the City Council held a public hearing on August 15,2017 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 to add information about gaming machine operation be approved, 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 Exhibit"A"; and WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 of the Texas Local Government Code and Section 24-105 of the Port Arthur Zoning Ordinance requires, in order for the proposed change to take effect, an 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 the City's Planning and Zoning Commission recommend that the proposed change to a regulation or boundary be denied; and P.O.NO.6682 03/02/2018 PDL PAGE 2 OF 9 WHEREAS, the proposed changes are in compliance with Section 47.01(4)(B) of the Texas Penal Code; and WHEREAS, the City Council finds the passage of this Ordinance will protect public health, safety,property, and the general welfare of the public. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes. SECTION 2. That Appendix A: Zoning be amended as delineated in Exhibit"A". 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 Division, so as to reflect on said Map, the changes hereby made in conformity with the legend of said Map. SECTION 4. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clause, sentences, paragraphs and sections of this Ordinance. SECTION 5. That all ordinances and parts of ordinances in conflict herewith are hereby repealed 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) Dollars as provided in Section 1-13 of the Code P.O.NO.6682 03/02/2018 PDL PAGE 3 OF 9 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 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 the proposed change to a regulation has not been protested in accordance with Section 211.006 of the Texas Local Government Code and Section 24-105 of the Zoning Ordinance, a three-fourths (3/4) majority (7 votes) is not required for the adoption of this Ordinance. SECTION 11. That a copy of the caption of this Ordinance shall be spread upon the Minutes of the City Council. SECTION 12. This Ordinance shall be effective immediately. READ,ADOPTED AND APPROVED this day of March A.D., 2018 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.O.NO.6682 03/02/2018 PDL PAGE 4 OF 9 APPROVED AS TO FORM: (� .0 - -4/144-ig Valecia",AZtt1" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Assistant City Manager N1101/ Ronald"Ron" Burtt , Assistant City Manager/ Director of Development Services P.O.NO.6682 03/02/2018 PDL PAGE 5 OF 9 EXHIBIT "A" APPENDIX A - ZONING SECTION 7. -USE OF LAND AND BUILDINGS (7-100. - SCHEDULE OF USES) SECTION 8. -OFFSTREET PARKING AND LOADING REGULATIONS SECTION 22. - SPECIAL CONDITIONS (22-100. -CERTAIN USES PERMITTED) SECTION 26-100. -DEFINITIONS (26-100. -DEFINITIONS) P.O.NO.6682 03/02/2018 PDL PAGE 6 OF 9 Section 7-100. - Schedule of Uses APPENDIX A-ZONING 7-100 Type Use A SF 2F MF MH NS LC HC I OW PRK1 S/COND2 Petroleum or petroleum products pipeline XX X X X X X XX X — 21 Public building, shop or yard of a governmental agency XS S S S S X XX 30 Radio, TV or microwave tower X X XX X — 27 Radio or TV transmitting station SS S S S S X XX X 14 Sewage pumping station XX X X X X X XX X — Sewage treatment plant X S S X X 30 Storm water pumping station XX X X X X X XX X — Telephone business office X X XX 13 Telephone exchange, switching, relay or transmitting station XX X X X X X XX X — Utility shops, storage yards or building (private utility) S S X XX 30 Water stand pipe or elevated water storage XX X X X X X XX X — Water reservoir,well or pumping station XX X X X X X XX X — Water treatment plant XS S S S S S SX S 30 Franchised private utility(not listed) SS S S S S S X S 30 Educational/Institutional and Special Uses Cemetery or mausoleum SS S S S S S SS 30 Church or rectory XX X X X X X XX 6 College or university XS S S S S X XX 16 Community center(public) XX X X X X X XX 30 Convent or monastery XS S X X X X XX 30 Exhibition area or fairgrounds S S X XX 30 Fraternal club or lodge S S S X XX 10 Home for senior citizens or nursing home S X X X X XX 7 Hospital, acute and chronic care S S X X S X XX 5 Group care home XX X X X X X XX 2 3 Institution of religious, charitable or philanthropic nature SS S S S X X XX 19 Day care nursery or kindergarten SS S X S X X XX 15 Group care facility, Class I X X X XX 28 4 Group care facility, Class II S S 28 5 Museum, library or art gallery(public) XX X X X X X XX 21 School, business X X X 24 School commercial trade X X 24 School, elementary or junior high XX X X X X X XX 18 School, high school or university XX X X X X X XX 16 Recreational and Entertainment Uses Amusement, commercial (indoor) S X X X 20 Amusement,commercial (outdoor) S S X X 30 Amusement, game room X X X 31 30 CDA:9 P.O.NO.6682 03/02/2018 PDL PAGE 7 OF 9 Section 8. - Off-Street Parking and Loading Regulations SECTION 8. OFF-STREET PARKING AND LOADING REGULATIONS 8-100. Off-street parking. The required minimum number of off-street parking spaces for each use shall be provided on each tract, or on a contiguous tract in accordance with the following table. Specific parking groups are identified for each use in section 7-100. (1) One-half spaces per dwelling unit. Limited to housing for the elderly upon approval of the planning and zoning commission. (2) Two spaces per dwelling unit. (3) Thirty spaces. (4) Six spaces per lane. (5) One space for each bed. (6) One space for each three seats in the main sanctuary. (7) One space for each six rooms or beds. (8) One space for each room, unit or guest accommodation plus specified requirements for restaurants and related facilities. (9) One space for each two persons normally accommodated in services. (10) One space for every three seats under maximum seating arrangement. (11) One space for each four personas to be normally accommodated in the establishment. (12) One space for each 200 square feet of floor area. (13) One space for each 300 square feet of floor area. (14) One space for each 400 square feet of floor area. (15) One space for each six children or one space for each employee, whichever is greater and one off-street drop-off space for each 25 children. (16) One space for each classroom, laboratory or instruction area plus one space for each five students accommodated in the institution. (17) One space for each two employees or one space for each 1,000 square feet of floor area, whichever is greater. (18) One space for each classroom plus one space for each four seats in any auditorium, gymnasium, or other place of assembly. (19) Ten spaces plus one space for each employee. (20) Ten spaces plus one space for each 200 square feet of floor area over 2,000 square feet. (21) Ten spaces plus one space for each 500 square feet of floor area. (22) One space for each room. (23) One space for each 2,000 square feet of lot area. (24) One space for each four students. (25) One space for each 1,000 square feet of non-office floor area plus one space for each 300 square feet of office space. (26) One space for each 5,000 square feet of lot area. (27) A minimum of six spaces. (28) One space for each employee. (29) Three spaces for each five employees on the largest shift or one space for each 600 square feet, whichever is greater. (30) To be determined by the director of planning and city engineer. (31) One space for each two (2) gaming machines (Ord. No. 00-60, §2, 10-3-2000) 8-101.Off-street parking space; defined. P.O.NO.6682 03/02/2018 PDL PAGE 8 OF 9 Section 22-100.—Certain uses permitted (30) Amusement, game room shall be operated and maintained in compliance with Chapter 22, Article XI. Gaming Sites and Gaming Machines, Code of Ordinances of the City of Port Arthur, regulating the establishment of gaming sites in the City of Port Arthur. P.O.NO.6682 03/02/2018 PDL PAGE 9 OF 9 Section 26-100.—Definitions (5.1) Amusement, game room—a building, facility, or other place that contains Gaming Machines (a.k.a. Amusement redemption machine) of any number. A Game Room can also be referred to as a"Gaming Site. " (5.2) Amusement redemption machine—see Gaming Machine (38.1) Gaming Machine—Commonly referred to as an"eight liner,"any coin-operated machine or electronic, electromechanical or mechanical contrivance designed, made, and adopted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items,that have a wholesale value available from a single play of the game or device of not more than ten (10) times the amount charged to play the game or device once, or $5, whichever is less. Not included in this definition is a machine used only for entertainment purposes, as entertainment is defined in Section 372.1701 of the Texas Administrative Code. A Gaming Machine can also be called an "Amusement redemption machine." (38.2) Gaming Site—Any location that displays, exhibits or maintains for public patronage— through general admission or membership—any gaming machine.