HomeMy WebLinkAboutPO 7145: GRANTING A SPECIFIC USE PERMIT AT 3640 PROFESSIONAL DRIVE .- azz:i.----- :-4
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PLANNING AND ZONING
INTEROFFICE MEMORANDUM
Date: April 27, 2023
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Development Services
RE: P.O. NO. 7145 — An ordinance granting a specific use permit at 3640
Professional Drive to operate a game room.
Introduction:
This agenda item seeks the City Council's approval of P.O. NO. 7145, granting Specific
Use Permit No. 242 on approximately 0.0879-Acre of Land consisting of the West 58
feet of Lot 1, Block 1, Keith Marroquin Tract, Port Arthur, Jefferson County, Texas.
The purpose of this request is to allow for the operation of a gaming site at said location.
Background:
The applicant, Joseph Endari, seeks a specific use permit for an approximately 0.0879-
Acre Tract of Land located at 3640 Professional Drive, Port Arthur, TX, to allow for the
operation of a gaming site in accordance with Chapter 22, Article XI of the City of Port
Arthur Code of Ordinances and Appendix A, Section 3.03— Land Use Table of the City's
Zoning Ordinance. The property is currently zoned as Commercial Retail (CR) (formerly
referred to as Light Commercial [LC]) and is surrounded by properties zoned as such.
On April 17, 2023, the Planning and Zoning Commission held a public hearing on the
application for the specific use permit prior to making its recommendation and report to
the City Council. The Planning and Zoning Commission, in considering and determining
its recommendations to the City Council on any request for a Specific Use Permit, may
require from the applicant plans, information, operating data, and expert evaluation
"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
concerning the location and function, and characteristics of any building or use
proposed.
The City Council, after a public hearing and proper notice to all parties affected and
after recommendations by the Planning and Zoning Commission, may authorize the
issuance of Specific Use Permits for the uses indicated by the "SUP" in 3.03. Land Use
Table.
The Planning and Zoning Commission recommended the proposed change be denied,
therefore requiring an affirmative vote of at least three-fourths of all members of the City
Council (i.e., at least six [6] members), in accordance with subsections (d) and (f) of
Section 211.006 Texas Local Government Code and Section 6.03(F) of the City Zoning
Ordinance.
The Port Arthur City Council will hold a public hearing regarding the proposed change
on May 9, 2023, at 6:00 p.m.
Budget Impact:
None
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur,Tcxas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. NO. 7145
04/27/2023 PDL
PAGE 1 OF 8
ORDINANCE NO.
AN ORDINANCE AMENDING APPENDIX A: ZONING ORDINANCE
OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE
PERMIT 242 (SUP #242) ON APPROXIMATELY 0.0879-ACRE OF
LAND, A PORTION OF LOT 1, BLOCK 1, KEITH MARROQUIN
TRACT (3640 PROFESSIONAL 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 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.
Z23-02 — JOSEPH ENDARI
WHEREAS, Joseph Endari is the owner of certain real property consisting of
approximately 0.0879-acre of land consisting of the West 58 feet of Lot 1, Block 1 , Keith
Marroquin Tract (3640 Professional Drive), Port Arthur, Jefferson County. Texas; and.
WHEREAS, the Property will be subdivided and developed by Owner, its affiliates.
or their successors and assigns for construction and use in general accordance with
Chapter 22, Article XI of the City of Port Arthur Code of Ordinances and Appendix `A",
Section 3.03 — Land Use Table of the City's Zoning Ordinance, and,
WHEREAS, all the requirements of Article XI of the Charter and the Zoning
Ordinance of the City of Port Arthur, Texas, including the Texas Local Government Code,
Sections 211 .006 and 211 .007, having been fulfilled, the City Council held a public
hearing on May 9, 2023, at 6:00 p.m.; and,
WHEREAS, the proposed change may be protested in accordance with subsection
(d) of said Section 211 .006; and,
WHEREAS, after public notice, the Planning and Zoning Commission conducted
a public hearing on April 17, 2023, and recommended the proposed request be denied;
and,
P.O. NO.7145
04/27/2023 PDL
PAGE 2 OF 8
WHEREAS, pursuant to subsections (d) and (f) of Section 211 .006 Texas Local
Government Code, Section 6.03(F) of the City 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 six [6] members) if the proposed change is
protested in accordance with said subsection (d) of the Texas Local Government Code.
or if the City's Planning and Zoning Commission recommends that the proposed change
to a regulation or boundary be denied; and,
WHEREAS, the City Council has reviewed this proposed Ordinance and has
determined that it promotes the health, safety, and general welfare of the citizens of Port
Arthur; complies with the intent of the City of Port Arthur Comprehensive Plan; and is
necessary in light of changes in the neighborhood; and,
WHEREAS, the City Council finds that this proposed Ordinance ensures the
compatibility of land uses and allows for the adjustment of changing demands to meet the
current needs of the community by meeting the following purpose in accordance with all
applicable Sections of Appendix "A" of the City's Zoning Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
SECTION 1. That Specific Use Permit No. 242 is granted to allow for the operation
of a game room on approximately 0.0879-acre of Land consisting of the West 58 feet of
Lot 1 , Block 1, Keith Marroquin Tract (3640 Professional Drive), Port Arthur, Jefferson
County, Texas, in Commercial Retail (CR) District:
KEITH MARROQUIN TRACT
0.0879-ACRE OF LAND
WEST 58 FEET OF LOT 1, BLOCK 1,
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
3640 PROFESSIONAL DRIVE
EXHIBIT "A"
P.O. NO. 7145
04/27/2023 PDL
PAGE 3 OF 8
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 so as 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.7145
04/27/2023 PDL
PAGE 4 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 6.03(F) of the Zoning Ordinance applies, the affirmative vote of at least
three-fourths of all members of the City Council (i.e., at least six [6] members) is required
to adopt this Ordinance.
READ, ADOPTED, AND APPROVED this the day of May, A.D., 2023. 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
P.O.NO.7145
04/27/2023 PDL
PAGE 7 OF 8
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P.O. NO. 7145
04/27/2023 PDL
PAGE 8 OF 8
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