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HomeMy WebLinkAboutPO 5869: (Z08-06) WOODY'S - 8484 CENTRAL MALL DRIVE - ZONING ORDINANCE AMENDMENTINTEROFFICE MEMORANDUM To: STEVE FITZGIBBONS, CITY MANAGER saot~t: DALE L. WATSON, DIRECTOR OF PLANNING ~ `~ ' sasJECr: P.O. NO. 5$69 -ZONING ORDINANCE AMENDMENT (WOODY'S) DATE: 04~OI~O$ ~ ~ . RECOMMENDATION: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5869 be approved. The Ordinance would grant a Specific Use Permit for a Tavern/Lounge in the Planned Development - 2 District BACKGROUND: ,. The applicant origirially opened this business as a restaurant with a Food and Beverage Certificate. This certificate allowed him to serve mixed drinks, but required that 51 % of his sales be food. He has been unable to sell sufficient food to meet this requirement. He is therefore requesting a SUP for aTavern/Lounge. This will allow him to request a mixed drink license from the Texas Alcoholic Beverage Commission. This does not ensure that he will receive this license,~because of the ongoing question as to which locations were grandfathered for mixed drink sales. , BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5869 be approved. t t P.O. N0.5869 03/31/08 DLW ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC USE PERMIT FOR A TAVERN/LOUNGE IN PLANNED DEVELOPMENT DISTRICT-2 ON A 1.568 ACRE TRACT OF LAND OUT OF AND A PART OF LOTS 2 & 3, BLOCK 13, RANGE I, PALCO, 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 [$2,000.00] DOLLARS); AND PROVIDING. FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z08-06 WOODY'S) 8484 CENTRAL MALL DR 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 25, 2008 at 9:00 A.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`approved, the City Council fords that it would be in the public interest and general welfaze of the City to change the Zoning designation of the hereinafter described property; and, k_ 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. N0.5869 03/31/08 Page 2 of 4 effect, the affirmative vote of aYleast 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 1. That Specific Use Permit No. 202 be granted for aTavern/Lounge in the Planned Development-2 District on the following tract of land: PART OF LOTS 2 & 3, BLOCK 13, RANGE I, PALCO PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED AT 8484 CENTRAL MALL DR. EXHIBIT "A" SECTION 2. 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 Commission, so as to reflect on said Map, the changes hereby made inconformity 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 aze 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 exceeding Two Thousand ($2,000.00) Dollazs as provided in Section 1-13 of the Code of P.O. N0.5869 03/31/08 Pagc 3 of 4 Ordinances, and. each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. This Ordinance or its caption and penalty shall be published at least one (I) time within ten days after final passage hereof in the official newspaper of the City of Port Ar[hur. This Ordinance shall take effect immediately afer the date of such publication. SECTION 7. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes aze not required to adopt this Ordinance. READ, ADOPTED ANll APPROVED this day of April, A.D, 2008 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: SEE CONFIDENTIAL MEMO CITY ATTORNEY P.O. N0.5869 03/31/08 Page 4 of 4 APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING EXHIBIT "A" LOCATION: 8484 Central Mall Drive. LEGAL DESCRIPTION: ° Lots 2 & 3 BIk.13 Rng. I,•Tract 5, PALCO, City of Port Arthur, Texas m a ; ~~ ~a r Ir ~'~ ~ 1 'I' ~^ '~'+~°''~ ~ e ~ ~i , ., .~. ~ s e~ .~3=~-s~_~. _ ~ J _Z I~~~ ~~rY i J RE 41oNq-~ ~ (0 Il z /( w ~' ~,, ~'°6 ~ 't j, ~ ~~4'~D. t..G , w ~ 4ot.o3 r~ 7~.. t.. . - ~ ~ . _ _ .. y _ -. -. //J/L~ 4 ~ ~ ., -~ / z ~ ~i~ ~,~ ,~ ~,~ ~: ~ I. 49900-G4 ~ 5°yi 1 ~-3q - - _ J a n S3' J . qY.9 ~ sa i J ~ REf~or~A~ o~c~vs Z> ~ C / o -...n ~~ ~4 G '~' r © ~ G .n , Ti'_E TQN 7R. yA \\ 4oC~- 04157~j .-SA.~ „e 4'~ h n 1 ~ T 49400-~041596 APPLICANT: Jeff McCarson (Woody's Bar & Grill) APPLICANTS MAILING ADDRESS: 8484 Ceritral Mall Drive• Port Arthur, TX 77642 PROPOSED SPECIFIC USE PERMIT FOR: Tavern /Lounge IN A Planned Development (2) District PROPOSED USE: Tavern /Lounge • , .,• APPROXIMATE AREA: Located on the corner of Central Mall Drive and Regional Drive. East of Central Mall LEGEND Boundaries of .Proposed Change Zoning Case No. Z08-06 Scale: Not to scale