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Home My WebLink AboutPO 5137: Z02-04 (DAVIDSON)INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: DALE L. WATSON, DIRECTOR OF PI~LNNING ~ t~ P.O. NO. 5137 - ZONING ORDINANCE AMENDMENT Z02-04 (DAVIDSON) 02/21/03 RECOMMENDATION: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5137 be approved. This Ordinance would grant a Specific Use Permit in Planned Developmen~ District - 11 for a Tavern or Lounge. ,~ACKGROUND: The applicant proposes to open an entertainment center at 625 Procter St., a pool hall at 639 Procter and a sraall lounge with dancing at 641 Procter. The Planning and Zoning Commission at its meeting on Monday, January 6, 2003 recommended that this request be approved. They felt that the proposed use was appropriate for the downtown area. They felt that redevelopment of the downto~vn would be in the arts and entertainment area and that Crockett Street provides a good example of what could be done. They did recommend that no alcohol be sold in the Pool Hall until al~er 6:00 P.M. on weekdays. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5137 be approved. P.O. NO. 5137 02/21/03 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 THE PLANNED DEVELOPMENT - 11 DISTRICT ON LOTS 19-24, BLOCK 130, CITY ADDITION, 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. (Z02-04 DAVIDSON) 625/639/641 PROCTER STREET 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 February 18, 2003 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 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, pursuant to subsections (d) and (t) of Section 211.006 Local Government Code, Section 24-105 of the City Zoning Ordinance requires, in order for the proposed change to take effect, the ~tive vote of at least three-fourths of all members of the City Council (i.e., at least P.O. NO. 5099 03/20/00 Page 2 of 4 seven [7] members) if the proposed change is protested in accordance with said subsection (d) or the City's Plannin4g and Zoning Commission recommends that the proposed change to a regulation or boundary be denied; now, therefore, BE IT ORDAINED BY TItE CITY COUNCIL OF TIIE CITY OF PORT ART[tUR: SECTION 1. That Specific Use Permit No. 180 be granted for the Tavern/Lounge use in the Planned Development - 11 District on the following tract of land: LOTS 19-24, BLOCK 130, CITY ADDITION PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED ON THE NORTH SIDE OF PROCTER STREET WEST OF BEAUMONT AVE. EXHIBIT "A" SECTION 2. That this Specific Use Permit is issued subject to the following mandatory condition: 1. No alcohol sales shall be permitted on weekdays prior to 6:00 p.m. at a location providing pool tables. SECTION 2. That the Building Official and the Director of Planning are authorized and directed to make all necessary clxanges 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 separate, 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. P.O, NO. 5099 03/20/00 Page 3 of 4 SECTION ,S: 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 frae not exceeding Two Thousand ($2,000.00) 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 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 d~te of such publication. SECTION 7. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes are not required to adopt this Ordinance. READ, ADOPTED AND APPROVED this __ day of March, A.D., 2003 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 APPROVl~ AS TO FORM: CITY ATTORNEY P.O. NO. 5099 03/20/00 Page 4 of 4 APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING NOTICE OF PUBLIC HEARING ZONING DISTRICT CHANGE Exhibit "A" P.O. 5137 THE PLANNING AND ZONING COMMISSION, ~ OF PORT ARTIIUR WILL HOLD A PUBLIC I IFJ~RING ON .lanuarv R ?fl{l~ , AT S:30 PM IN THE COUNCIL C~IAMBERS, FIFFH FLOOR OF CITY HALL, 444 FOURTH S~REET, PORT ~RTI~UR, TEXAS, TO CONSIDER A REQUEST FOR A CHANGE IN ZONING DISTRICT AS HERk, NAFFER DESCRIBED. CT~ TAX RECORDS SNOW YOU AS THE OWNER OF REAL PROPERTY I~qlTHIN ~v¥O HUNDRED FEET THEREOF. THE ACTION OF THE PLANNING AND ZONING COMMISSION IS A RECOMMENDATION ONLY. I:JNAL ACT]OH ]O GRANT OR DENY A CIIANGE IN ZONING LOCATION: 625/639/641 Procter.Street '~;~,~,~'i~'~'~i?' ?'~ LEGALDESCI~IFTION: Lots t9-24, Block 130, City Addition ~[,;2~,~,~. NORTH PROCT II1'- )R ~P~CANT: Port Arthur City Limit L.L.C. (William Davidson) =p~CANTSMAI~NG ADDRESS: 4805 Redbird Port Arthur, TX 77642 PROPOSeD CHANGE Specific ~se Pemi[ for Tavern or Lounge PROPOSED USE: Entertainment Center/Billiard Room APPROXIMATEAREA: Located on the northwes[ corner of Procter Street and Beaumont Avenue. LEGEND BOUNDARIES OF PP, OPOSED CI IANGE ZONING CASE # Z-87-84 SCALE: NTS