HomeMy WebLinkAboutPO 7181: AMENDING THE ZONING ORDINANCE, SPECIFIC USE PERMIT #241 CYn of
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: June 29, 2022
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Planning and Development Services
RE: P.O. NO. 7081 — An Ordinance Reconsidering Proposed Ordinance No.
7073, As It Pertains to Amending The Zoning Ordinance Of The City Of
Port Arthur By Granting A Specific Use Permit #241
Introduction:
The intent of this agenda item, (i.e., P.O. No. 7081) is for City Council to reconsider
Proposed Ordinance No. 7073, as it pertains to amending the zoning ordinance of the
City of Port Arthur by granting Specific Use Permit — 241 (SUP #241) to allow the land
use of "package store" on 0.7602-acre of land located at 2301 Gulfway Drive.
Article II, Division 1, Section 2-31 (g) of the Code of Ordinance provides that,
"Reconsideration of an agenda item takes place upon a request to bring back for further
consideration a matter previously decided by the City Council. If a majority of the City
Council votes to approve or deny an agenda item, it can only be brought back for
reconsideration after a period of three months, unless requested by a member of the
prevailing side or at the request of three Councilmembers"
Mayor Bartle, Councilmember Moses and Councilmember Kinlaw have requested that
P.O. No. 7073 be brought back for reconsideration via P.O. No. 7081. The approval and
adoption of P.O. No. 7081 will ultimately amend Appendix A—Zoning of the City of Port
Arthur Code of Ordinance, by granting SUP #241 to allow for the Land Use of"Package
Store" at 2301 Gulfway Drive, 0.7602-acre of land, consisting of Lots 7-12, Block 345,
City of Port Arthur Addition (2301 Gulfway Drive), 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
Background:
The owner/applicant, Zanamar Properties, LLC (Wajdi Hammad, VP), seek this permit
to operate a package store (i.e., liquor store) at said location.
An application for a specific use permit was filed with the Planning and Zoning
Commission on April 11, 2022. The Public Notice was published in the Port Arthur
Newspaper on April 30, 2022, and mailed to adjacent property owners within 200 ft. of
the subject site. The Commission held a public hearing on May 16, 2022, over Zoom
and voted 4:0, recommending approval of the said request.
Per Appendix A, Section 22 Special Conditions #28, a package store approved by
specific use permit in the "LC" Light Commercial district shall not be located on a lot or
tract of land adjacent to or across the street from a "SF, single family or"2F", two-family
district unless located in a shopping center of which it comprises not more than 25
percent of the floor area. Due to the proposed use being adjacent to a "SF" single family
zoning district (to the North) which is the reason the applicant is requesting an SUP.
The Pre-Development staff have met with the applicant to confirm all necessary
requirements for operation of a package/liquor store by adhering to local, state and
federal regulations/guidelines.
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:
• 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 May 24, 2022, City Council approved Resolution No. 22-228, 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.
"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
City Council held a public hearing on June 21, 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. 7081, amending Appendix A —
Zoning of the City of Port Arthur Code of Ordinance, by granting Specific Use Permit—
240 (SUP #241) to allow for the Land Use of "Package Store" at 2301 Gulfway Drive,
0.7602-acre of land, consisting of Lots 7-12, Block 345, City of Port Arthur Addition
(2301 Gulfway Drive), 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.7081
06/29/2022 PDL/HT
PAGE 1 OF 8
ORDINANCE NO.
AN ORDINANCE RECONSIDERING PROPOSED ORDINANCE NO. 7073 AS IT
PERTAINS TO AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT
ARTHUR BY GRANTING SPECIFIC USE PERMIT #241 TO ALLOW THE LAND USE
OF A "PACKAGE STORE" ON 0.7602-ACRE OF LAND CONSISTING OF LOTS 7-12,
BLOCK 345, CITY OF PORT ARTHUR ADDITION (2301 GULFWAY DRIVE), 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 A
FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING
FOR A PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT
ARTHUR EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z22-05 —
ZANAMAR PROPERTIES, LLC. (REQUESTED BY MAYOR BARTIE,
COUNCILMEMBER MOSES AND COUNCILMEMBER KINLAW)
WHEREAS, on June 22, 2022, the City Council considered P.O. No. 7073, seeking
approval to amend the zoning ordinance for the purpose of granting Specific Use Permit
#241 to allow the land use of a "package store" on 0.7602-acre of land located at 2301
Gulfway Drive; and
WHEREAS, pursuant to Section 2-31 (g) of the Code of Ordinance,
reconsideration of an agenda item takes place upon a request to bring back for further
consideration a matter previously decided by the City Council; and
WHEREAS, Section 2-31 (g) further states that "If a majority of the City Council
votes to approve or deny an agenda item, it can only be brought back for reconsideration
after a period of three months, unless requested by a member of the prevailing side or at
the request of three Councilmembers"; and
WHEREAS, Mayor Bartie, Councilmember Moses and Councilmember Kinlaw
have requested that P.O. No. 7073, as stating the following, be brought back for
reconsideration; and
WHEREAS, Zanamar Properties, LLC is the owner of certain real property
consisting of Lots 7-12, Block 345, City of Port Arthur Addition (2301 Gulfway Drive), Port
Arthur, Jefferson County, Texas; and,
P.O. NO.7081
06/29/2022 PDL/HT
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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 June 21, 2022, at 10:00 a.m.; and,
WHEREAS, it is deemed advisable that Specific Use Permit #241 (SUP #241) be
granted to allow the land use of a "Package Store" in the Light Commercial district on
approximately 0.7602-acre of land consisting of T Lots 7-12, Block 345, City of Port Arthur
Addition (2301 Gulfway Drive), Port Arthur, Jefferson County, Texas; and,
WHEREAS, Per Appendix A, Section 22 Special Conditions No. 28, a package
store approved by specific use permit in the "LC" Light Commercial district shall not be
located on a lot or tract of land adjacent to or across the street from a "SF, single family
or "2F", two-family district unless located in a shopping center of which it comprises not
more than 25 percent of the floor area. Due to the proposed use being adjacent to a "SF"
single family zoning district (to the North) which is the reason the applicant is requesting
an SUP; 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 May
16, 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,
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WHEREAS, in accordance with Section 211 .006(a) of the Texas Local
Government Code, City Council held a public hearing for this case on June 21 , 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 #241 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
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. 241 (SUP #241) is granted to allow the
land use of a " Package Store" in the Light Commercial (LC) district on approximately
0.7602-Acre of Land described as:
Lots 7-12, Block 345, City of Port Arthur Addition
[A.K.A. 2301 Gulfway Drive]
Port Arthur, Jefferson County, Texas
Exhibit "A"
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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
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
P.O. NO.7081
06/29/2022 PDL/HT
PAGE 5 OF 8
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 24-105 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 July, A.D., 2022, at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
votes: AYES:
Mayor:
Council members:
Noes:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.O. NO.7081
06/29/2022 PDUHT
PAGE 6 OF 8
APPROVED AS TO FORM:
Valecia "Val" Tfeno, it Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Manager
Pamela D. Langford, Assistant City Manager— Operations/
Director of Development Services
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06/29/2022 PDLJHT
PAGE 8 OF 8
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