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Home My WebLink AboutPO 6775: AMENDING ZONING ORDINANCE (SUP #237) ('jr; 01 (n -/ . ir r ort rinur li ilc 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. 6775—An Ordinance Amending the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit No. 237 (SUP#237). Introduction: The intent of this Agenda Item is to request that City Council approve P.O. No. 6775, amending the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit No. 237 (SUP #237) in Planned Development District— 14 (PD-14) to allow for the development of a retail strip center on 0.2960-Acre of Land consisting of Tract 13-A Replat of Lots 13-16, Block 13, Rosemont Park Addition [A.K.A. 3701 41St Street] and commercial office space or restaurant on 0.1414-Acre of Land consisting of Tract 11-A Replat of Lots 11 & 12, Block 13, Rosemont Park Addition, Port Arthur, Jefferson County, Texas [A.K.A. 4248 9th Avenue] 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—237 (SUP#237). 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. Upon approval of the specific use permit, the applicant must meet the requirements as specified in Appendix A, Section 15 of the City of Port Arthur Zoning Ordinance, which states the following: No building or structure shall be erected, altered or converted for any use permitted in the light commercial district unless it is in conformity with the minimum regulations specified. The purpose of the "LC", light commercial district is to provide a location for general retail activities. These locations are generally along major thoroughfares and highways. Budget Impact: N/A Recommendation: It is recommended that City Council approve P.O. No. 6775, amending the Zoning Ordinance of the City of Port Arthur by granting Specific Use Permit No. 237 (SUP #237) in Planned Development District— 14 (PD-14) to allow for the development of a retail strip center on 0.2960-Acre of Land consisting of Tract 13- A Replat of Lots 13-16, Block 13, Rosemont Park Addition [A.K.A. 3701 41st Street] and commercial office space or restaurant on 0.1414-Acre of Land consisting of Tract 11-A Replat of Lots 11 & 12, Block 13, Rosemont Park Addition, Port Arthur, Jefferson County, Texas. [A.K.A 4298 9th Avenue] "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.6775 05/1312019 PDL PAGE 1 OF 6 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT NO. 237 (SUP# 237) IN PLANNED DEVELOPMENT DISTRICT — 14 (PD-14) TO ALLOW FOR THE DEVELOPMENT OF A RETAIL STRIP CENTER ON 0.2960-ACRE OF LAND CONSISTING OF TRACT 13-A Replat of Lots 13-16, BLOCK 13, ROSEMONT PARK ADDITION [A.K.A. 3701 41ST STREET] AND COMMERCIAL OFFICE SPACE OR RESTAURANT ON 0.1414-ACRE OF LAND CONSISTING OF TRACT 11-A Replat of Lots 11 & 12, BLOCK 13, ROSEMONT PARK ADDITION [A.K.A. 4248 9TH 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. (Z18-04— HERALDO MUNOZ) 3701 41ST STREET/4248 9TH AVENUE SUP#237 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 P.O.NO.6775 0511312019 PDL PAGE 2 OF 6 land immediately adjoining the area covered by the proposed change and extending 200 feet from that area; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Specific Use Permit No. 237 be granted to allow for the development of a retail strip center and commercial office or restaurant in Planned Development District-14(PD-14)on the following tract of land: RETAIL STRIP CENTER ON: 0.2960-ACRE OF LAND CONSISTING OF TRACT 13-A Replat of Lots 13-16, BLOCK 13, ROSEMONT PARK ADDITION [A.K.A. 3701 41ST STREET] PORT ARTHUR, JEFFERSON COUNTY, TEXAS COMMERCIAL OFFICE SPACE OR RESTAURANT ON: 0.1414-ACRE OF LAND CONSISTING OF TRACT 11-A Replat of Lots 11 & 12, BLOCK 13, ROSEMONT PARK ADDITION [A.K.A. 4248 9TH AVENUE], PORT ARTHUR, JEFFERSON COUNTY, TEXAS EXHIBIT "A" SECTION 2. That upon approval of the specific use permit, the applicant must meet the requirements as specified in Appendix A, Section 15 of the City of Port Arthur Zoning Ordinance. 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. 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. P.O.NO.6775 05/13/2019 PDL PAGE 3 OF 6 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 ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: a ecia"Valeno, City Attorney P.O.NO.6775 05/13/2019 PDL PAGE 4 OF 6 APPROVED FOR ADMINISTRATION: Rebecca Underhill, C.P.A., Interim City Manager Ronald "Ron" Burton, Assistant City Manager/ Director of Development Services P.O.NO.6775 05!13!2019 PDL PAGE 5 OF 6 EXHIBIT "A" 0) q 9 ,, 89 024 L� 8j?ur ?c, J 1/97.42„, 10 • Y ,� P**, 1 1 ti -, �s �J ry a ~ ,t� ^� ,,�, 9M24 3 12t44 4 ,, - cr1,'" 6'.1 24 23 7 • s pil 119 tih 9814 -t �� q 21 - >,:;'• f ,q 1-AS) • 1218 'A'9 1 0. a REP LAT 3 t. 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