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Home My WebLink AboutPO 6050: Z09-03 (PD-26) 4400 ATLANTIC ROADInteroffice MEMORANDUM To: Mayor, City Council, and City Manager 1 //~/`~(J From: Valecia R. Tizeno, Acting City Attorney V v Date: January 7, 2010 Subject: P. O. No. 6050; Council Meeting January 12, 2010 Attached is P. O. No. 6050 presented for Council approval by the Planning Department as it pertains to the property located at 4400 Atlantic Road and a zoning change request. This was tabled at the January 5, 2010 Council. Meeting. VRT:ts Attachment s..po605o memo PLANNING INTEROFFICE MEMORANDUM To: STEVE FITZGIBBONS, CITY MANAGER & CITY COUNCIL Faont: COLLEEN RUSSELL, DIRECTOR OF PLANNING soslecr: Z09-03 (PD-26) -PLANNED DEVELOPMENT FOR PRIVATE LODGE- AT 4400 ATLANTIC ROAD AKA -TRACT 2A , OUT OF THE WHITTINGTON PLACE N0. 2 ADDITION AS WELL AS THE JOSEPH GRIGSBY LEAGUE, A-27. THE ACREAGE IS APPROYIMATELY 3-.400 ACRES AND THE PROPERTY IS LOCATED (NORTH OF 39'"STREET AND EAST OF HIGHWAY 366 (ATLANTIC ROAD). BACKGROUND: The Planning and Zoning commission approved this zoning request to rezone a single-family lot fora "PD" (planned development) for a lodge for dining and meeting purposes, and allow "NS"neighborhood services designation on November 16, 2009. The request for the. public hearing was approved on December 16, 2009 The neighborhood service designation excludes other schedule uses that are: Educational/institutional, amusement associated, temporary permit or transportation related; commercial, special industry and agricultural in nature. The events will host no more than 106 persons on a large scale for -wedding receptions, parties, luncheons, charitable events, group functions and to incorporate receptions, dinners and special events celebrations only by reservation or invitation. The scope of these events shall be in line with off-street parking only as to the Code.. Forty-eight regular parking spaces are planned with an additional two handicap spots. Landscaping and the aesthetic nature of the facility shall be maintained in accordance with the surrounding properties such that the viable nature of the lodge does not compromise the residential setting. There will be no events on Mondays and the Cit}~s noise level ordinance shall be enforced. Cars will leave the property by right turn only to avoid left turn congestion. Notices were sent out in compliance with the Texas Local Government Code Section 211 as well as the publication was done more than 15 days prior to the public hearing: Please note in exhibits that various departments are aware ofthese uses to be performed on the property at 4400 Atlantic Road. and have made inspections regarding the proposed use. i P.O. N0. 6050 12/17/09 - C4VR ORDINANCE N0. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED DEVELOPMENT DISTRICT-26 (PD-26), ALLOWING FOR A NEIGHBORHOOD SERVICES DESIGNATION ON TRACT 2A , 3.400 (CALLED 3.397) ACRES OF LAND PART OF LOTS 2, 3, 5, 6, & ALL. OF LOT 4, WHITTINGTON PLACE. N0. 2 ADDITION & JOSEPH GRIGSBY LEAGUE, ABSTRACT NO. 27, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCATED AT 4400 ATLANTIC ROAD). (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE C[TY 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 AND EFFECTIVE IMMEDIATELY AFTER PUBL-CATION DATE. Z09-03 (PD-NS # 26) PLANNED DEVELOPMENT W[TH NEIGHBORHOOD SERVICE USES FOR A LODGE WHEREAS, All of the requirements of. Article XI of the Chapter 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 January 5, 2010 at 9:00 a.m.; and WHEREAS; having received and considered the recommendation of the Planning & Zoning Commission that the proposed change be approved, the City Council finds that it would be in the public interest and general welfare of the City to change to Zoning designation of the hereinafter of Tract 2A, out of the Whittington Place No. 2 Addition as well as the Joseph Grigsby League, A-27. The acreage is approximately 3.400 acres and the P.O. N0.6050 12/17/09 - CWR property is located (north of 39th Street and east of Highway 366 (Atlantic Road), Port Arthur, Jefferson County, Texas; and WHEREAS, the proposed change has not been protested in accordance with subsection (d) of said Section 211.006 and is in compliance with Sections 211.010-211; and WHEREAS, pursuant to subsections (d) and (f) of Section 211.006 Local Government Code, Section 24-105 of the City Zoning Ordinance, does not apply for the proposed change to take effect, the affirmative vote of less than three fourths of all members of the City Council (i.e., at least seven [7] members) is not necessary). BE IT ORDAINED BY THE C[TY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the zoning designation of the following tract of land in the City of Port Arthur, Jefferson County, Texas be and the same is changed from the Single-Family District to Planned Development 26 (PD-26) District, which will allow a Neighborhood Services designation in that particular district: Tract 2A , 3.400 (Called 3.397) Acres of land Part of Lots 2,3,5, 6, & All of Lot 4, Whittington Place No. 2 Addition, and Joseph Grigsby League, Abstract No. 27 Port Arthur, Jefferson County, Texas Located at 4400 Atlantic Road, lies on the Eastern Sector of Atlantic Road and North of 39~h Street, Port Arthur, Jefferson County, Texas EXHIBIT "A" SECTION 2. Planned Development 26 (PD-26) District shall be created subject to the following conditions related to the operation of a lodge: P.O: N0.6050 12/17/09 - CWR • The owner shall hold events in line with a lodge to serve guests by invitation or reservation only. All relevant impact of the proposed use has been considered to include luncheons, dinners; special events, meetings, parties and receptions. • All City Codes and Ordinances in accordance with Texas Department of Health Standards, International Fire Code and the International Building Codes shall be met prior to the CO (certificate of occupancy) issued • Relative to the' parking spaces no more than 106 persons be allowed in the dining facility or for events (with the exception of the staff) as per occupancy • The hours of operation be between -Saturday to Sunday with luncheons lla.m. to 2 p.m. and dinners 6 p.m.- 10 p.m. due to surrounding setting • The screening (seven- foot wooden- fence with neighboring trees and bamboo plantings) will stay intact as a noise and light reduction mechanism. In addition to compliance with the noise. ordinance the facility shall use the first Boor of the residence for office space, additional restrooms and create a commercial kitchen operation. • Off-street parking shall be provided and the properties appearance shall not be in conflict with the existing residences or surrounding neighborhood (landscaping shall be up-kept; sign shall be distinctive although in an inconspicuous position, on outside wall. • The property and will not generate excessive traffic considering the limitations of occupants and parking spaces available. 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. P.O. N0.6050 12/17/09 - CWR SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional liy 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 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. SECTION 6. 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 General Provision -Section l-8 of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a separate offense. SECTION 7. This Ordinance or its caption and penalty shall be published at least one (1) 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. Because Section 24-105 of the Zoning Ordinance does not apply, seven (7) votes are not required to adopt this ordinance. READ, ADOPTED AND APPROVED this day of January A.D., 2010 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNC[LMEMBERS P.O. N0.60S0 12/17/09 - C4VR NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: ACTING CITY ~TORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER DIRECTOR OF PLANNING EX~11 ~ 1T '~A" h ~ . p , ,,; _"'; a `' i;, ' •` y - - t u +' L - ~. .• a - r -~ * ~ ~ s ~ ~ ~~ d -L ~ - a. - ... ~ ~ ~ ~~ Y ~ _-.~ L~ ~ ~i M ~~ ~ .. 7 ~ + ~.. .•/` % s j 1 ~_ is ~ ~ ,, - .~ 4 ~ ~ _-_ i i .. t' , .I ~~ V !. •~ ^J/rte ~:«~v ~a_"*~~. ;'..dl.__; L~ ;(ww ,~^a3M a ~ ti ~ _ ^.__._..._-.. 'r { .., ` {tt~ _ . - • _. - - ~ -- eW ~4 ~ 1 w • L • ~ `. j ~~ . ~ T. ~- ,. , . ,.~ j V R 1 I ~ ~ I • .. i ~~ ~ w 1 ~ - ~' ~ The setting for the private lodge East is the Neches River (inlet to it) North is residential about the same size property bordered by trees West is residential (frontal) to include street houses -335-350 feet apart South house (north of 39th Street w`~st of Atlantic also) bordered by trees and 7 foot fence with bamboo plantings ~K This is the back of the property able to accommodate outdoor functions adjoining on (the right) is a one -story dining area able to allow catering for max 106 persons for breakfast, lunch and dinner; with the deck meetings and special events may be outdnnr is bordered by the Neches-River in the rear view from the Looking down toward the east a separate fire lane will be created on the ]eft from the road parallel the existing drive to support the fire trucks wPinhr be built in the southeast section with Outdoor landscaping that presently exist and decor that shall continue to be maintaino.7