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Home My WebLink AboutPO 6773: AMENDING ZONING ORDINANCE (SUP #235) Enerq, ( 111rrj Cur -/,• rl rlhu _ 7r irt+ www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 13, 2019 To: The Honorable Mayor and City Council Through: Rebecca Underhill, C.P.A., Interim City Manager From: Pamela D. Langford, Development Services Manager Cc: Ronald "Ron" Burton, Assistant City Manager—Operations/Director of Development Services RE: P.O. No. 6773—An Ordinance Amending the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit No. 235 (SUP #235). Introduction: The intent of this Agenda Item is to request that City Council approve P.O. No. 6773, amending the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit No. 235 (SUP #235) to allow for the operation of a beauty shop in a Two-Family (2F) zoned district on 0.1607-acre of Land consisting of Lot 12, Block 313 City of Port Arthur Addition [1519 El Paso Avenue], Port Arthur, Jefferson County, Texas. Background: On Monday, April 15, 2019, the Planning &Zoning Commission held a public hearing for this request, after which the commission voted 3:0 to recommend granting Specific Use Permit—235 (SUP#235). Section 7-100 of the Zoning Ordinance requires that a specific use permit be obtained for such operation in said district. The City Council of the City of Port Arthur, Texas, after public hearing and proper notice to all parties affected and after recommendations by the planning and zoning commission may authorize the issuance of specific use permits for the uses indicated by"S" in the use schedule, section 7. City Council held a public hearing on Monday, May 7, 2019 at 9:00 a.m. Budget Impact: N/A Recommendation: It is recommended that City Council approve P.O. No. 6773, amending the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit No. 235 (SUP #235) to allow for the operation of a beauty shop in a Two-Family (2F) zoned district on 0.1607-acre of Land consisting of Lot 12, Block 313 City of Port Arthur Addition [1519 El Paso Avenue], Port Arthur, Jefferson County, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O.NO.6773 05/13/2019 PDL PAGE 1 OF 5 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT NO.235(SUP#235)TO ALLOW FOR THE OPERATION OF A BEAUTY SHOP IN A TWO-FAMILY ZONED DISTRICT ON 0.1607 ACRE OF LAND CONSISTING OF LOT 12, BLOCK 313 CITY OF PORT ARTHUR ADDITION [A.K.A. 1519 EL PASO AVENUE], 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 FINE NOT EXCEEDING TWO THOUSAND [$2,000] DOLLARS); AND PROVIDING FOR PUBLICATIONS IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE DATE (Z19-03—AMANDA VINCENT) 1519 EL PASO AVENUE SUP#235 WHEREAS, all 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 May 7, 2019 at 9:00 A.M.; and, WHEREAS, the proposed change may be 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 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; and, WHEREAS,subsections(d) and (f)of Section 211.006 Local Government Code and Section 24-105 of the City Zoning Ordinance are applicable for the proposed change to take effect; and, WHEREAS,these laws require the affirmative vote of three-fourths of all members of the City Council (i.e. at least six [6] members) if the proposed change is protested in writing and signed by the owners of at least 20% of either: (1) the area of the lots or land covered by the proposed change; or(2) the area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; now, therefore, P.O.NO.6773 0511312019 PDL PAGE 2 OF 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Specific Use Permit No. 235 be granted to allow for the operation of a Beauty Shop in the (2F) Two-Family zoned district on the following tract of land: 0.1607 ACRE OF LAND CONSISTING OF LOT 12, BLOCK 313 CITY OF PORT ARTHUR ADDITION, [A.K.A. 1519 EL PASO AVENUE] PORT ARTHUR, JEFFERSON COUNTY, TEXAS EXHIBIT "A" SECTION 2. That the following standards shall be observed for the establishment of a beauty shop or barber shop as a specific use permit in the "SF", "2F" and "MH" districts: a. In no way shall the appearance of the residential structure be altered or the operation of the shop on the premises be conducted in a manner which would cause the premises to differ from the residential character of the neighborhood, either by the use of color, materials, construction, lights, emission of noise or generation of traffic in greater volumes that would normally be expected. b. The shop shall not involve the use of advertising or identification signs on the premises or any other local advertising media which call attention to the fact that the residence is being used for business purposes. c. Operation of the shop shall be accessory to the primary use of the premises as a residence and restricted to one beauty or barber chair and two hair dryers. d. Only the residents of the dwelling unit shall be engaged in the operation of the shop. e. Two off-street parking spaces, located other than in a required front yard, shall be provided. f. Operation of the shop shall not violate the deed restrictions of the subdivision in which the shop is located. g. Cars belonging to patrons of the beauty/barber shop found consistently parked in front of the neighboring property will be deemed prima facie evidence that inadequate off-street parking is provided and will be grounds for automatic revocation of the specific use permit. 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 Division, so as to reflect on said Map, the changes hereby made in conformity with the legend of said Map. P.O.NO.6773 05!13/2019 PDL PAGE 3 OF 5 SECTION 4. 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. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 6. 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 ($2,000) Dollars as provided in Section 1-13 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 7. That pursuant to Section 52.013 of the Texas Local Government Code, this ordinance with a penalty, it is required that it be published two times in the official newspaper of the City of Port Arthur and shall be effective immediately after the date of publication. SECTION 8. Because Section 24-105 of the Zoning Ordinance does not apply, three-fourths majority vote (six [6] votes) will not be required to adopt this Ordinance. READ, ADOPTED AND APPROVED this day of May A.D., 2019 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Derrick Ford Freeman, Mayor P.O.NO.6773 05/13/2019 PDL PAGE4OF5 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia "Val"TOno, City Attorney APPROVED FOR ADMINISTRATION: Rebecca Underhill, C.P.A., Interim City Manager Ronald "Ron" Burton, Assistant City Manager! Director of Development Services P.O.NO.6773 0511312019 PDL PAGE 5 OF 6 EXHIBIT "A" ' si\Ny y 06� 91048 1-D 91065 : o '•� 0 X91048 O0,„, bre` I t, 9s+� h'ei �` 9 �•° 9,2,,_ co,„ ' cos a ' F, SSD As s 1450,1 4bS s +/ 9� a o ss 's' °�� •p si >9% 9' /9)b NY 74`x,8 9 . . 94 9i �aAj aa90 �' �"�9 94 '�$'�6 9% I </A 9ye �r a F, �� scr r Sao 9Qfss o4°. 9t / 905' 9 6 �d� ,Q° �sd, 90865 5IA; .�' -Sg 9 401, a4L 0. 9�...: as ° . ' , O 9 ip Enter Map Title... 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