HomeMy WebLinkAboutPO 5862: ECLIPSE DEVELOPMENT (4200 GULFWAY DRIVE) - ZONING ORDINANCE AMENDMENT}
INTEROFFICE MEMORANDUM
Y
To: STEVE FITZGIBBONS, CITY MANAGER
r-ttort: DALE L. WATSON, DIRECTOR OF PLANNING
sus,IECr: P.O. NO.58G2-ZONING ORDINANCE AMENDMENT
Z08-OS (ECLIPSE DEVELOPMENT)
DATE: 03~I7~0$
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5862
be denied. This Ordinance would grant a Specific Use Permit for a Package Store in the
Light Commercial District at 4200 Gulfway Dr. ~ -
BACKGROUND:
The applicant is proposing to locate a package store at this location.
BUDGETARY/FISCAL EFFECT:.
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Planning and Zoning Commission recommends that Proposed. Ordinance No. 5862
be denied.
1
P.O. N0.5862
03/14/08 DLW
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC
USE PERMIT. FOR A PACKAGE STORE ON A 1.1156 ACRE
TRACT OF LAND OUT OF LOT 5, BLOCK 3, RANGE "G",
PORT ARTHUR LAND COMPANY, 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
(52,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION
IN THE OFFICLAL NEWSPAPER OF THE CITY OF .PORT
ARTHUR AND EFFECTIVE IMIVIEDIATELY AFTER
PUBLICATION DATE.
(Z08-05 ECLIPSE DEVELOPMENT)
4200 GULFWAY
WHEREAS, all the 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 Mazch 11, 2008 at 7:00 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 be denied, the City Council fords 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, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code,
Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change to take
P.O. N0.5862
03/14/08
Page 2 of 4
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
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 I. That Specific Use Permit No. 201 be granted for the Package Store use in the
Light Commercial; "LC", District on the following tract of land:
1.1156 ACRES OF LAND-OUT OF LOT 5, BLK. 3; RANGE "G
PORT ARTHUR LAND COMPANY
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
LOCATED ON THE SOUTHEAST CORNER
GULFWAY DR. AND SABINE AVE.
EXHIBIT "A"
SECTION 2. That the Building Official and the Director of Planning aze 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. 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 sepazate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
SECTION 4'. All ordinances and parts of ordinances in conflict herewith are hereby repealed,
but only to the extent of such conflict.
SECTION 5. 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
P.O. N0.5862
03/14/08
Page 3 of 4
exceeding Two Thousand ($2,000.00) Dollazs as provided in Section 1-13 of the Code of
Ordinances, and each day such violation shall be permitted to exist shall constitute a sepazate
offense.
SECTION 6. This Ordinance or its caption and penalty shall be published at least one (1) time
within ten days after final 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: Because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes aze
required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of N1azch A.D., 2008 at a Regulaz
Meeting of the City Council of the City of Port Arthur, Texas by the_following votes: AYES:
MAYOR
COUNCILMEMBERS
NOES:
ATTEST:
CITY SECRETARY
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
P:O. N0.5862
03/14/08
Page 4 of 4
APPROVED FOR ADNIINISTRATION:
CITY MANAGER
DIRECTOR OF PLANNING
EXHIBIT ~~A"
LOCATION:
4200 GULFWAY DR.
LEGAL. DESCRIPTION:
1.1156 ACRES OF LAND OUT OF LOT 5 BLK. 3,
RNG. G, PALCO, CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS.
North
APPLICANT:
ECLIPSE DEVELOPMENT (ZULFIQAR DHUKA)
APPLICANTS MAILING ADDRESS: 5306 DEERBOURNE CHASE DR
SUGARLAND, TX 77479
PROPOSED SPECIFIC USE PERMIT FOR:
PACKAGE STORE
PROPOSED USE: LIQUOR STORE
APPROXIMATE AREA: LOCATED ON THE CORNER OF SABINE
AVENUE AND GULFWAY DR.
LEGEND
Boundaries of
Proposed Change
Zoning Case No.
ZOS-05
Scale:
Not to scale