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Home My WebLink AboutPO 7063: AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC USE PERMIT 'lJlilt kt 4�`_: UA C°Asen-t, or! rlhur www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: May 12, 2022 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Planning and Development Services .tr C0 RE: P.O. NO. 7063 - An Ordinance amending the Zoning Ordinance of the City of Port Arthur by granting a Specific Use Permit Introduction: This agenda item intends to seek the City Council's approval of P.O. NO. 7063, amending Appendix A-Zoning of the City of Port Arthur Code of Ordinance, by granting Specific Use Permit - 240 (SUP #240) to allow for the Land Use of "Bakery and Confectionary Shop" on 0.3003-acre of Land consisting of Tract 3-A, Block 1, Alamo Heights Addition (A.K.A. 3937 9th Avenue), Port Arthur, Jefferson County, Texas. The owners/applicants, Harold and Betty Garcia, seek this permit to operate a light commercial use (i.e., ice cream truck/food truck) in Planned Development District - 14. Background: An application for a specific use permit was filed with the Planning and Zoning Commission on February 7, 2022. The Public Notice was published in the Port Arthur Newspaper on March 22, 2022, and mailed to adjacent property owners within 200 ft. of the subject site. The Commission held a public hearing on April 4, 2022, over Zoom and voted 3:0, recommending approval of the said request. In accordance with Appendix A, Section 21-600 of the Zoning Ordinance, a specific use permit shall remain in effect until such time that either of the following conditions occurs: "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 • An amendment to the zoning ordinance results in the use for which the specific use permit was issued becoming a use permitted by right in the district in which it is located; or • An amendment to the zoning ordinance results in the use for which the specific use permit was issued becoming a prohibited use in the district in which it is located; or • The use for which the specific use permit was issued is discontinued or abandoned for a period exceeding two years. Upon the occurrence of any of the above conditions, the specific use permit shall become void and shall be designated as such in the Appendix of this ordinance and removed from the official zoning map. Those uses under 21-600(2) which then are nonconforming in the district in which they are located shall be subject to section 23- 400 (nonconforming uses and structures) of this ordinance. On April 26, 2022, City Council approved Resolution No. 22-183, calling for a public hearing. The City Secretary's Office prepared and mailed notifications for the hearing and published a public notice in the Port Arthur Newspaper before the public hearing date. City Council will hold a public hearing on May 24, 2022, at 10:00 a.m. In accordance with Section 211.006 of the Texas Local Government Code, the planning staff has not received written notification opposing this request. Budget Impact: None Recommendation: It is recommended that City Council approve P.O. NO. 7063, amending Appendix A — Zoning of the City of Port Arthur Code of Ordinance, by granting Specific Use Permit — 240 (SUP #240) to allow for the Land Use of "Bakery and Confectionary Shop" on 0.3003-acre of Land consisting of Tract 3-A, Block 1, Alamo Heights Addition (A.K.A. 3937 9th Avenue), Port Arthur, Jefferson County, Texas. "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.7063 05/12/2022 PDL PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT #240 TO ALLOW THE LAND USE OF "BAKERY AND CONFECTIONARY SHOP" ON 0.3003-ACRE OF LAND CONSISTING OF TRACT 3-A, BLOCK 1, ALAMO HEIGHTS ADDITION (3937 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 [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z22-03 — HAROLD & BETTY GARCIA WHEREAS, Harold and Betty Garcia are the owners of certain real property consisting of Tract 3-A, Block 1, Alamo Heights Addition (3937 9th Avenue), Port Arthur, Jefferson County, Texas; and, WHEREAS, all requirements of Article XI, Section 2(b) of the City Charter and Appendix A — Zoning of the City of Port Arthur Code of Ordinances; including Sections 211.006 and 211.007 of the Texas Local Government Code, having been fulfilled, the City Council held a public hearing May 24, 2022, at 10:00 a.m.; and, WHEREAS, it is deemed advisable that Specific Use Permit #240 (SUP #240) be granted to allow the land use of a "Bakery and Confectionary Shop" in Planned Development District — 14 (PD-14) on approximately 0.3003-acre of land consisting of Tract 3-A, Block 1, Alamo Heights Addition (3937 9th Avenue), Port Arthur, Jefferson County, Texas; and, WHEREAS, no "Bakery and Confectionary Shop" shall be conducted in Planned Development District— 14 (PD-14) without the granting of a Specific ser Permit (SUP) by P.O. NO.7063 05/12/2021 PDL PAGE 2 OF 7 the Port Arthur City Council to allow such land use, in accordance with Appendix A — Zoning, Section 7-100, of the Port Arthur Code of Ordinances; and, WHEREAS, in accordance with Section 211.007 of the Texas Local Government Code, the Planning and Zoning Commission held a public hearing for this case on April 4, 2022, as well as written notices were sent to each owner before the 10th day before the hearing date, as indicated by the most recent approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed; and, WHEREAS, the Planning and Zoning Commission recommended "Approval" of this request; and, WHEREAS, in accordance with Section 211.006(a) of the Texas Local Government Code, City Council held a public hearing for this case on May 24, 2022. Official notice of the time and place of the hearing was published in the official newspaper of the City of Port Arthur before the 15th day of said hearing; and, WHEREAS, the Port Arthur City Council finds that it would be in the public interest and general welfare of the City to grant Specific Use Permit #240 to the hereinafter described property as delineated in Exhibit "A"; and, WHEREAS, the proposed change could have been protested in accordance with Section 211.006(d) of the Texas Local Government Code; and, WHEREAS, Section 211. 006(d)(f) of the Texas Local Government Code and Section 24- 105 of Appendix A-Zoning, of the Port Arthur Code of Ordinances are applicable for the prosed 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 P.O.NO.7063 05/12/2021 PDL PAGE 3 OF 7 covered by the proposed change; or (2) the area of lots or 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. 240 (SUP #240) is granted to allow the land use of a " Bakery and Confectionary Shop" in Planned Development District-14 (PD- 14) on approximately 0.3003-Acre of Land described as: Tract 3-A, Block 1, Alamo Heights Addition [A.K.A. 3937 9th Avenue] Port Arthur, Jefferson County, Texas Exhibit "A" SECTION 2. That the Building Official and the Director of Development Services 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, to reflect on said Map, the changes hereby made in conformity with the legend of said Map. SECTION 3. That, 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 shall not affect the validity of the remaining portions hereof. SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 5. That any person, firm, or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand Dollars [$2,000.00] as provided in Section 1-13 of the Code of P.O. NO.7063 05/12/2021 PDL PAGE 4 OF 7 Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 6. That the ordinance or its caption and penalty shall be published at least one (1) time within ten (10) 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. That pursuant to Section 211.006(d) of the Texas Local Government Code, if a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. SECTION 8. That in accordance with Section 211.006(d) of the Texas Local Government Code, notification was mailed to adjacent property owners within a 200 ft. radius of the proposed site, as well as published in the Port Arthur Newspaper a minimum of 15 days prior to the public hearing. SECTION 9. That because Section 211.006 (d-f) of the Texas Local Government Code and Section 34-105 of the Zoning Ordinance does not apply, a simple majority vote of the City Council is sufficient to adopt this Ordinance. READ, ADOPTED, AND APPROVED this the day of May, A.D., 2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following votes: AYES: P.O.NO.7063 05/12/2021 PDL PAGE 5 OF 7 Mayor: Council members: Noes: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia "Val" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ron d " on" Burton, arty Manager anv7e i (.-1. a:Ay Pamela D. 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