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HomeMy WebLinkAboutPO 6060: AMENDING ZONING ALLOWING "LODGE"Memo 7'0: Steve Fitzgibbons, City Manager ;end City Council From: Colleen Russell, Director of Planning Date: February 16, 2010 Re: P.O. No. 6060 - An ordinance to amend the zoning ordinance of the City of Port Arthur to allow the usage of the word Lodge as non-fraternal under the definitions and schedule of uses. RECOMMENDATION: 7'he Planning Department is requesting that the City Council pass an ordinance to allow for a zoning ordinance amendment of Sections 7, 22 and 26 of the Code of Ordinance that will influence multi-family and neighborhood services accessory uses and allow for this use by right in all other commercial districts. BACKGROUND: 7'he Port Arthur Zoning Ordinance -Section 7 is required to be amended to add Lodge (non fraternal) to the schedule of uses. Section 22 is required to be amended along with the definition in Section 26 which will define the criteria for anon-fraternal lodge. Schedule of Uses attached will also be updated. These amendments will allow for zoning cases to be heard in compliance with the changes. The Planning and Zoning (:ommission approved this recommendation of February 1, 2010, unanimously. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: This ordinance will be in conjunction with Ordinance No. 10-03 and an update to the (:ode of Ordinances. P.O. N0.6060 02/16/10 CWR ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR; BY AMENDING SECTIONS 7-100, 22-101, AND 26-100 AND TO INCLUDE CHANGES TO THE SCHEDULIE OF USES CHART, SPECIAL CONDITIONS BY USE, AND DEFINITIONS (VIOLATION OF THIS ORDINANCE IS PUNISHABLE AS PROVIDED IN SECTION 1-13 IN THE CITY CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR ANI;I EFFECTIVE IMMEDIATELY AFTER THE PUBLICATION DATE. (ADDING THE TERM "LODGE" WITHOUT REFERENCE TO FRATERNAL ORGANIZATION) WHEREAS, Section 7-100 (Schedule of Uses) of the City of Port Arthur's Zoning Ordinance establishes how land and buildings m,ay be used; and WHEREAS, it further provides that the particular type of use must be located in the specific districts shown on the table located in Section 7-101 of the Zoning Ordinances (Legend for IntE~rpreting Schedule of Uses); and WHEREAS, it is necessary to amend the :>chedule of uses to add Lodge (non fraternal) as a use ~~ia issuance of a Specific Use Permit (SU1') in agricultural districts (A) and multi-family residence districts (MF) as delineated in Exhibit "A"; and WHEREAS, it is also necessary to amend Section 22-101 Special Conditions by Use to add sub-section 29 Lodge (non fraternal) to apply to the building or grounds owned and operated by a private party for cultural, social, and recreational events or activities with the Special Conditions delineated in Exhibit "B". P.O. NO.. 6060 02/16/10 CWR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That Section 7-100 (Schedule of Uses) and 7-101 (Legend for interpreting schedL~le of uses) is amended to add Lodge (non fraternal) in substantially the same form as Exhibit: "A". SECTION 2. That Section 22-101 (Special Conditions by Use) is amended to add sub- section 29 to add Lodge (non fraternal) in substantially the same form ;~s in Exhibit "B". SECTION 3. That Section 26-100 (Definitions) shall be amended to add sub-section 57.1 Lodge ,(non fraternal) in substantially the same form as in Exhibit "C". SECTION 4. That the Building Official and the Director of Planning are authorized and directE~d to make all necessary changes to the "Zoning Ordinance oil the City of Port Arthur, Texas" on file in the offices of the Building Offici;~l and Planning Department. The Planning and Zoning Commission and the City Council shall see to the conformity of this ordinance when it is requested. SECTION 5. 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 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 7. 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 1-13 of the Code of Ordinances, and each day such violation shall be permitaed to exist shall constitute a separate offense. P.O. NO. 6060 02/16/10 CWR SECTION 8. 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. READ, ADOPTED AND APPROVED this • day of February, A.D., 2010 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR COUNCILMEMBERS: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: i~ ~ ' i ,~ City Attorney ~~~) APPROVED FOR ADMINISTRATION: City Manager Director of Planning EXHIBIT "A" (Schedule of Uses) 7-100 PORT ARTHUF2 CODE 7-101. Legend for in1'erpreting schedule of uses. X Designates use permitted in district indicated. Designates use prohibited in district indicated. SUP Indicates use may be approved as specifi c use permit (see section 21). PRK Indicates minimum off-street parking required a s sh own in section 8-100. S/COND Indicates special conditions as shown in section 22-101. Type Use A SF 2F MF MH NS LC HC 1 OW PRK1 Residential Uses Single-family residence detached X X X X X X X X 2 Single-family residence attached X X X X X X 2 Medium density housing S S S S S X X 2 Garage apartment S X X X X X 2 Two-family residence X X X X X X 2 Multiple-family residence X X X X X 2 Fraternity or sorority S S S X X X X X 2 HUD-code manufactured home as fixed dwelling S S X S S X X Mobile home/recreational vehicle park S X S X X X 2 Mobile home subdivision X X X 2 Motel or hotel S X X X 8 Bed and breakfast, private home S S S S S X X X X 2 Bed and breakfast inn S S S X X X X 2 Lodge (non-fraternal) S S X X X X based on setting Accessory andl Incidental Uses Accessory building or use, residential X X X X X X X X X - Accessory building or use, business or industry X X X X X - Building material yard and construction office Temporary permit issued by buildin g official - Caretaker's/guard's residence X X X X X X 2 Model home Temporary permit is:;ued by buildin g official - Home occupation (res;idential) X X X X X X 2 Home occupation (professional) X X X X X X 2 Off-street parking incidental to main use X X X X X X X X X X - Radio tower (amateur) X X X X X X X X X X Stable (private) X S S X 19 Swimming pool (private) X X X X X X X X X 19 Satellite dish X X X X X X X X X X - Utility and Service Uses Electrical substation (high voltage bulk power) X X X X X X X X X X - Electrical energy genf~rating plant X S X S 30 Electrical transmission line (high voltage) X X X X X X X X X X - Fire station X X X X X X X X X X 30 Gas line and regulating station X X X X X X X X X X - Local utility lines X X X X X X X X X X - S/COND2 9 6 23/24 23/24 7 20 19 25 2 10 C DA:8 EXHIBIT "B" (Special Conditions) 29. Loc~ae (non fraternal A facility that serves as a private meeting place. A~ building and grounds owned and operated by a private party for cultural, social and recreational events or activities. It will not allow for a temporary or seasonal place to stay and may not be considered an inn; shall not be used for shelter or roorning. The following conditions shall be observed for the operation ofsaid Lodge: • The owner shall hold c~vents in line with a lodge to serve guests by invitation or reservatio:rr 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 1.06 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 11.a.m. to :? p.m. and dinners 6 p.m.- 10 p.m. due to surrounding setting (with the exception of services on Monday's) • 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 floor of the residence for office space, additional restrooms ar~d 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. EXHIBIT "C" (Definition) 26-101) Definitions 57.1 Lod~ae (non fraternal A facility that serves as a private meeting place. A building and grounds owned and operated by a private party for cultural, social and recreational events or activities. It will not allow for a temporary or seasonal place to stay and may not be considered an inn; shall not be used for shelter or rooming.