The URL can be used to link to this page

Home My WebLink AboutPO 7294: TO CONSIDER, SPECIFICE USE PERMIT, AMUSEMENT, GAME ROOM IN A COMMERCIAL RETAIL ZONED DISTRICT, Z24-08 •�I 1 • Iiirnrt rthu — www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 14, 2024 To: The Honorable Mayor and City Council Through: Ronald 11Ron" Burton, CPM, City Manager From: Aries R. Milo, Senior Planner- Planning &Zoning Division Cc: Pamela D. Langford, Development Services Director/Assistant City Manager— Operations RE: P.O. NO.7294 — Consideration of a Specific Use Permit for the land use "Amusement, Game Room"in a commercial retail zoned district. Introduction: The intent of this agenda item is to seek the City Council's consideration for the granting of Specific Use Permit No. 244 [SUP #244] for approximately .4993-acres of land consisting of Lot 8, Block 6, Range G, Port Arthur Land Company, Jefferson County, Texas, Texas for the operation of a "Amusement, Game Room" in a commercial retail zoned district. Background: In accordance with Section 211.007 of the Texas Local Government Code, the Planning and Zoning Commission held a public hearing for this case September 23, 2024, as well as written notices were sent to each owner, before the 10th day of the public hearing, as indicated by the most recent approved municipal tax roll, or real property within 200 feet of the property on which the change in classification is proposed. The Planning &Zoning Commission recommended 3:0 that said request be denied. On October 7, 2024, the City Council approved Resolution No. 24-398, calling for a public hearing in accordance with Section 211.006(a-1)of the Texas Local Government Code. The Port Arthur City Council will hold a public hearing on December 3, 2024 at 10:00 a.m. There were no community responses received. Budget Impact: None "Remember, Ise are here to ser%e 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.7294 1111412024 ARM PAGE 1 OF 7 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A: THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT NO. 244 TO ALLOW THE LAND USE OF AN AMUSEMENT, GAMEROOM ON .4993 ACRES OF LAND CONSISTING OF LOT 8, BLOCK 6, RANGE G, PORT ARTUR LAND COMPANY, JEFFERSON COUNTY, TEXAS (VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE NOT EXCEEDING $2,000.00, AS PROVIDED IN CHAPTER 1, SECTION 1-13 OF THE CODE OF ORDINANCES,AND EACH DAY WHICH VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. Z24-08 (SUP#244) Dewyvile Oil Company (3949 North Twin City Highway) 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 December 3, 2024 at 10:00 a.m.; and, WHEREAS, it is deemed advisable that Specific Use Permit No. 244 (SUP#244) be granted to allow the land use of an "Amusement, Game Room" in the Commercial Retail (CR)zoned district on approximately .4993-acres of land consisting of Lot 8, Block 6, Range G, Port Arthur Land Company, Jefferson County, Texas; and, WHEREAS, no "Amusement, Game Room" shall be conducted in a Commercial Retail (CR) zoned district without the granting of a Specific Use Permit (SUP) by the Port Arthur City Council to allow such land use, in accordance with Appendix A—Zoning, Section 2 (3), 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 September 23, 2024, as well as written notices were sent to each owner, before the 10th day of the public hearing, as indicated by the most recent approved P.O.NO.7294 11/14/2024 ARM PAGE 2 OF 7 municipal tax roll, or real property within 200 feet of the property on which the change in classification is proposed; and, WHEREAS, the Planning and Zoning Commission recommended "Denial"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 December 3, 2024. 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#244 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 6.03 of Appendix A—Zoning, of the Port Arthur Code of Ordinances are applicable for the proposed 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, P.O.NO.7294 11114/2024 ARM PAGE 3 OF 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That Specific Use Permit No. 244 (SUP #244) is granted to allow the land use of an "Amusement, Game Room"in a Commercial Retail (CR)zoned district on approximately.4993-acres of land described as: LOT 8, BLOCK 6, RANGE G, PORT ARTHUR LAND COMPANY [A.K.A. 3994 N TWIN CITY HIGHWAY] JEFFERSON COUNTY, TEXAS Section 2. That the Building Official and the Director of Development Services are authorized and directed to make all necessary changes to the official "Zoning Map, City of Port Arthur, Texas,"on file in the offices of Inspections and Permitting and the Planning and Zoning Divisions, 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 holding 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$2,000.00, as provided in Chapter 1, Section 1-13 of the Code of Ordinances, and each day which violation is permitted to exist shall constitute a separate and distinct offense. Section 6. That this 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. P.O.NO.7294 11/14/2024 ARM PAGE 4 OF 7 Section 7. That because this request has been denied by the Planning and Zoning Commission according to Section 24-105 of Appendix A—Zoning of the Port Arthur Code of Ordinances or 211.006 of the Texas Local Government Code, a three-fourths (3/4) majority (6 votes) is required for the adoption of this Ordinance. READ, ADOPTED AND APPROVED this day of December A.D., 2024 at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following votes:AYES: MAYOR: COUNCILMEMBERS: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard,TRMC, City Secretary APP • Roxann Pais Cotroneo, City Attorney APPROVED FO MI ISTRATION: Ronald "Ron PM, City Manager &AM-A.it" L-D Pamela D. Langford, Assist4rit City Manager-Operations/ Director of Development Services P.O. NO.7294 11/14/2024 ARM PAGE 5 OF 7 EXHIBIT "A" P.O.NO.7294 11/14/2024 ARM PAGE 6 OF 7 = „ . P.O. NO.7294 11/14/2024 ARM PAGE 7 OF 7 City of Port Arthur Development Services - Planning & Zoning Division Zoning Request Case #Z24-08 _gel " - Ji ,-4 • ...i ' - - -4111111.1 ,, 400 . ;.-,, - a� i� e....4 s ~ . . a : V € ',47-414 •�` ► 0 al! , ; . . ,... -1' A i Ilk' i irall 3 , 1 . I Mt ram` .i 1,' • w 77 n -S as 1-'' --' y, 1 , ' ' .-;--...... i,f, , : ' Apo '..7 r O I P ,.. . _ , s :t z ,. erg o w 0 160 321`' 48i