HomeMy WebLinkAboutPO 5980: SPU - DOG GROOMING BUSINESSINTEROFFICE MEMORANDUM
Ta QTY COUNQL, AND STEVE FITZGIBBONS, QTY MANAGER
r~toNt: COLLEEN RUSSELL, DIRECTOR OF PLANNING
svBJECr: ORDINANCE 5980 , SUP08-206 (Z08- i i) (PUPPY LOVE -PET
GROOMING LOT 3, BLOCK 8 OF PORT AC1tES ADDITION 2726 62''1D
STREET)
DATE: 02/24/09
REQUEST:
The applicants -Mrs. Ethel and Mrs. Westbrook aze requesting that the property located
on Lot 3, Block 8 of Port Acres Addition be rezoned from Single Family Residential to
Single Family with a SUP (Specific Use Permit) overlay for a pet grooming business
only. The address is also known as 2726 62°d Street, Port Arthur, TX. It is located east of
Jade Avenue and south of 62"a Street(See Exhibit).The zoning ordinance was approved
December 2008 for such business and the case was approved last City Council meeting
February 10, 2009
BACKGROUND:
The applicants propose to use the accessory section of the house for a pet grooming
business. They will groom less than six pets (dogs and cats) per day. The business is
required to be inspected by the City and obtain a certificate of occupancy granted if there
aze no violations or it is in compliance with all the building codes a permit of record is
given to the applicants
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Plamiing and Zoning Commission heard the case for the business originally on July 7,
2008. However, the minutes revealed that a vote was not taken on this case; hence,
recommended approval of SUP08-11 for a dog grooming business was obtained on
November 18~' 2008 on the mentioned lot.
1
PUBLIC COMMENT:
12 property owners were notified of the proposed zoning change.
Speaking
Protest - 0
Approval - 1
Written
Protest - 0
Approval - 106
RECOMMENDATION:
The Planning Commission recommends this case for approval on the criteria set forth in
Section 22 of the Zoning Ordinance defining home occupation (residential) as
- Activity separate from the main structure of the home as an accessory use,
- Without the employment of more persons (only one extra person may be hired)
- Without the use of a sign or sale of commodities from residents
This use excludes the use of said lot as kennel and other uses excluded by the Zoning
Ordinance and the City Code with the business for only dog and cat grooming
BUDGETARY/FISCAL EFFECT: None
STAFFING/EMPLOYEE EFFECT: None
SUMMARY:
The case was approved and the ordinance will allow for the owner to operate the said
business in line with City Codes.
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P.O. No. 5980
02/17/09 CWR
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF PORT ARTHUR BY GRANTING A
SPECIFIC USE PERMIT FOR A PET GROOMING
BUSINESS AT 2726 62°d STREET (LOT 3 BLOCK 8 OF
PORT ACRES ADDITION PORT ARTHUR, JEFFERSON
COUNTY, TEXAS) A 1.5 ACRE LOT EAST OF JADE AND
SOUTH OF 62°d STREET
WHEREAS, all of 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 on February 10, 2009; and
WHEREAS, the proposed change has not been protested in accordance with subsection (d) of
Section 211.006; and
WHEREAS, the Planning and Zoning Commission heard this case on November 18, 2008; and
WHEREAS, pursuant to Sections 21-100 and 21-200 of the Zoning Ordinance, the Planning
and Zoning Commission recommends that the proposed change be approved; and
WHEREAS, 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 of subsections (d) and (f) of Section 211.006 of the Local Government
Code, Section 24-105 of the Zoning Ordinance requires, in order for the proposed change to take
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; and
P.O. N0.5980
02/17/09
Page 2 of 4
WHEREAS, pursuant to Sections 7-100, 22-101 and 26-100 of the Zoning Ordinance, the
owner/applicants - Mrs. Ethel LeBure and Mrs. Westbrook are requesting that the City of Port
Arthur consider this Specific Use Permit request so they may legally have their pet grooming
business; Now ,therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. A Specific Use Permit be granted for a Pet Grooming Business on the
following tract of land:
Lot 3, Block 8 of the Port Acres Addition,
Port Arthur,
Jefferson County, Texas
Located at: 2726 62nd Street
(East of Jade and south of 62nd Street)
SECTION 2. That the applicants must conduct their pet grooming business in
compliance with Sections 7-100, 22-101 and 26-100 of the 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 Commission, so as to reflect on
said Map, the changes hereby made in conformity with the legend of said Map.
SECTION 4. That if any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court or 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.
P.O. N0.5980
02/17/09
Page 3 of 4
SECTION 5. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 6. That 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) 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 this Ordinance or its caption and penalty shall be published at least
one 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 8. That because Section 24-105 of the Zoning Ordinance does not apply,
seven (7) votes are not required to adopt this Ordinance.
SECTION 9. That a copy of the caption of this Ordinance be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED this day of February, A.D., 2009, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
P.O. N0.5980
02/17/09
Page 4 of 4
ATTEST:
Mayor
Acting City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
City Manager
Director of Planning