HomeMy WebLinkAboutPO 6245: SUP FOR ADULT DAYCARE FACILITY City of Port Arthur, Texas
Planning & Zoning Division
Merno
To: John A. Comeaux, P.E., Acting City Manager, Mayor and City Council
From: Ronald Burton, Director of Planning
Date: 06/28/2012
Re: P.O. NO. 6245 — Request for Specific Use Permit (SUP# 213) to allow for the development of
an Adult Daycare Facility at 725 9 Avenue.
IC I
A request is being made on behalf of Avina Healthcare Solutions, Inc. to amend the Zoning
Ordinance by granting Specific Use Permit — 213 (SUP# 213) for 0.3095 acre of land consisting of
Tract 2 -A, Block 548, Model Addition, City of Port Arthur.
BACKGROUND:
On May 7, 2012, the Planning and Zoning Commission voted unanimously to accept the requested
change. The purpose of this request is to allow for the development of an Adult Daycare Facility in a
Two - Family residential district that would accommodate the elderly Vietnamese Community that do
not have access to other services due to the language barrier.
RECOMMENDATION
The Planning and Zoning Commission unanimously (4:0) recommended approval of Z12 -04 for the
request to amend the Zoning Ordinance.
PUBLIC COMMENT
Nineteen (19) property owners were notified of the proposed request. The following is a summary
of responses received:
Speaking (P &Z HEARING — 05/07/2012):
Protest 0 (property owners within 200 feet of site)
In Favor 0 (property owners within 200 feet of site)
Written:
Protest 1 (720 9th Avenue, legally described as Lot23, Block 1, Delmar Addition)
In Favor 0 (property owners within 200 feet of site)
The City Council held a public hearing for this issue on Tuesday, June 12, 2012. No members of the
audience rose to comment either for or against the proposal.
BUDGET /FISCAL EFFECT: None
STAFFING /EMPLOYEE EFFECT: None
SUMMARY
One (1) person owning property within 200 feet of the site disapproved of this request. Approval of
the requested zoning ordinance amendment will allow for the owner(s) to develop an Adult Daycare
Facility in a Two - Family residential district that would accommodate the elderly Vietnamese
Community that do not have access to other services due to the language barrier.
According to section 211.006 of the Texas Local Government Code, a written or signed protest of at
least 20 percent of the property owners 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.
Since the objecting property owner lot area does not account for at least 20 percent of the property
within 200 feet of the lots for which rezoning is requested, an affirmative vote of three - fourths of
City Council is not necessary for this zoning change to be approved. In other words, a simple
majority vote of the Council is sufficient for approval of the zoning change.
Attachments
1
P.O. NO. 6245
06/28/2012 - RB /PDL
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT 213
(SUP# 213) TO ALLOW FOR THE OPERATION OF AN ADULT
DAYCARE FACILITY IN A TWO FAMILY DISTRICT ON 0.3095 ACRE
OF LAND CONSISTING OF TRACT 2 -A, BLOCK 548, MODEL
ADDITION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS
(VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE
OF THE CITY OF PORT ARTHUR 15 PUNISHABLE AS PROVIDED IN
SECTION 1 -8 OF THE 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 AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
(Z12 -04 — AVINA HEALTHCARE SOLUTION, INC.)
725 9 AVENUE
SUP # 213
WHEREAS, all requirements of Article XI of the Charter 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 June 12, 2012 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, having received and considered the recommendation of the Planning and
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 the Zoning designation of the
hereinafter described property; and,
WHEREAS, subsections (d) and (f) of Section 211.006 Local Government Code and
Section 24 -105 of the City Zoning Ordinance 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 seven [7] members) if the proposed change is protested in writing
P.O. NO. 6245
06/28/2012 — RB /PDL
Page 2 of 5
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; and,
WHEREAS, in this particular case, one (1) property owner, accounting for less than 20%
of the area of lots or land immediately adjoining the area covered by the proposed change and
extending 200 feet from that area, protested this request, therefore, a three - fourths affirmative
vote of all members of the City Council is not needed; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That Specific Use Permit No. 213 be granted to allow for the operation of
an Adult Daycare Facility in the Two Family "2F" District on the following tract of land:
0.3095 ACRE OF LAND CONSISTING OF
TRACT 2 -A, BLOCK 548, MODEL ADDITION
PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
EXHIBIT "A"
SECTION 2. 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 Division, so as to reflect on
said Map, the changes hereby made in conformity with the legend of said Map.
SECTION 3. 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. All ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
P.O. NO. 6245
06/28/2012 — RB /PDL
Page 3 of 5
SECTION 5. 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) Dollars as provided in Section 1 -8 of
the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute
a separate offense.
SECTION 6. 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.
SECTION 7. Because Section 24 -105 of the Zoning Ordinance does not apply, three-
fourths majority vote (seven (7) votes) will not be required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this day of July A.D., 2012 at a Regular �!
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR:
COUNCILMEMBERS:
" I
NOES:
Deloris "Bobbie" Prince,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
P.O. NO. 6245
06/28/2012 — RB /PDL
Page 4 of 5
APPROVED AS TO FORM:
i/ /_
Va ecia Tize r,
City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.
Acting City Manager
Ronald ; rton,
Director of Planning
I I �
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P.O. NO. 6245
06/28/2012 - RB /PDL
PAGE 5 OF 5
I
EXHIBIT "A"
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